Airbatch Protection Plan
How Consumer Rights Affect this Plan
THE BENEFITS CONFERRED BY THIS PlAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER PROTECTION LAWS AND REGULATIONS. THIS PLAN SHALL NOT PREJUDICE THE RIGHTS GRANTED BY APPLICABLE CONSUMER LAW, INCLUDING THE RIGHT TO RECEIVE REMEDIES UNDER STATUTORY Plan LAW AND TO SEEK DAMAGES IN THE EVENT OF THE NON-PERFORMANCE BY AIRBATCH OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
1. The Plan
This contract (the “Plan”) governs the services provided by Airbatch under the above Plan and includes the terms in this document, your Plan Confirmation (“Plan Confirmation”), and the original subscription receipt for your Plan. Your Plan Confirmation will be provided to you at the time of purchase or sent to you automatically thereafter. If you purchased your Plan from Airbatch, you may obtain a copy of your Plan Confirmation by going to Billing under your Profile Settings.
Benefits under this Plan are additional to your rights under applicable laws, the Vendor Manufacturers Warranty and any complimentary technical support. The terms of the Plan apply the same whether for a fixed term of coverage (“Fixed-Term Plan”), or for a monthly recurring term of coverage (“Monthly Plan”), except where otherwise noted. Your Plan may be paid by you or a third party who finances or otherwise pays for your Plan (a “Plan Payment Provider”).
The Plan covers Purchase Orders listed as Coverage in Payments under your Account.
Benefits under this Plan are additional to your rights under applicable laws, the Vendor Manufacturers Warranty and any complimentary technical support. The terms of the Plan apply the same whether for a fixed term of coverage (“Fixed-Term Plan”), or for a monthly recurring term of coverage (“Monthly Plan”), except where otherwise noted. Your Plan may be paid by you or a third party who finances or otherwise pays for your Plan (a “Plan Payment Provider”).
The Plan covers Purchase Orders listed as Coverage in Payments under your Account.
2. Plan Term and Renewal
Plan coverage begins upon Plan Purchase and continues, unless canceled, through the date specified in your Plan Confirmation (the “Plan Term”).
YOU ACKNOWLEDGE AND AGREE THAT YOUR MONTHLY PLAN WILL AUTOMATICALLY RENEW EVERY MONTH UNLESS AND UNTIL CANCELED. FOR IMMEDIATE CANCELLATION GO TO SUBSCRIPTIONS UNDER YOUR PROFILE AND CHOOSE COVERAGE YOU WISH TO CANCEL. FOR FURTHER INFORMATION SEE SECTION 9 BELOW FOR A FULL EXPLANATION OF THE CANCELLATION TERMS.
YOUR EXPRESS AND AFFIRMATIVE CONSENT ACKNOWLEDGING AND AGREEING WITH THE ABOVE PROVISION IS REQUIRED AND CAPTURED AS PART OF THE SALES PROCESS FOR RECURRING AIRBATCH PROTECTION PLAN, AND SUCH CAPTURED AFFIRMATIVE CONSENT IS INCLUDED IN AND FORMS A PART OF THIS PLAN.
For Fixed-Term Warranties, your Plan Term is fixed as set forth on your Plan Confirmation. Airbatch is not obligated to renew your Fixed-Term Plan. If Airbatch does offer to renew, Airbatch will determine the price and terms.
For Plans paid in installments you agree to have the credit card, debit card or other authorized payment source (the “Payment Source”) used for your initial Plan purchase (or your first Plan payment where not otherwise paid for by a Plan Payment Provider, group, membership, or promotional partner), kept on file to automatically charge in advance of the first day of each installment period following your initial payment or your first Plan payment where not otherwise paid for by a Plan Payment Provider, group, membership, or promotional partner. Alternatively, if Your Plan is linked to Your Airbatch ID, the payment source on file with your Airbatch ID will be automatically charged in advance of the first day of each renewal period following your initial payment or your first Plan Payment where not otherwise paid for by a Plan Payment provider, group, membership, or promotional partner and for each renewal period thereafter. For Warranties provided as part of a group, membership, or promotional program, you may have the option to assume payment and continue the Plan when it expires or terminates or at the end of the promotional program period. If continuation is available and you elect to assume payment and continue the Plan (as a Monthly or Fixed-Term Plan), you agree to have the Payment Source kept on file as necessary with Airbatch or with the applicable group or membership to automatically charge in advance of the first day of each renewal or installment period. If your Payment Source cannot be charged for any reason, and you have not otherwise made the appropriate renewal or installment payment on time, your Plan coverage will cease from the due date. Airbatch has the right, but not the obligation, to accept any late payment and allow your Plan to continue from the date of late payment. For all Warranties you will be notified in advance of any price increase, in accordance with Section 11 of this Plan.
You can find the price of the Plan on the original sales receipt as provided by Airbatch or another seller from whom you’ve purchased your Plan (a “Reseller”), or your Plan Payment Provider, or, if you purchased this Plan on a covered Purchase Order as part of Airbatch Protection, you can see the price of your Plan in Section 12(p).
YOU ACKNOWLEDGE AND AGREE THAT YOUR MONTHLY PLAN WILL AUTOMATICALLY RENEW EVERY MONTH UNLESS AND UNTIL CANCELED. FOR IMMEDIATE CANCELLATION GO TO SUBSCRIPTIONS UNDER YOUR PROFILE AND CHOOSE COVERAGE YOU WISH TO CANCEL. FOR FURTHER INFORMATION SEE SECTION 9 BELOW FOR A FULL EXPLANATION OF THE CANCELLATION TERMS.
YOUR EXPRESS AND AFFIRMATIVE CONSENT ACKNOWLEDGING AND AGREEING WITH THE ABOVE PROVISION IS REQUIRED AND CAPTURED AS PART OF THE SALES PROCESS FOR RECURRING AIRBATCH PROTECTION PLAN, AND SUCH CAPTURED AFFIRMATIVE CONSENT IS INCLUDED IN AND FORMS A PART OF THIS PLAN.
For Fixed-Term Warranties, your Plan Term is fixed as set forth on your Plan Confirmation. Airbatch is not obligated to renew your Fixed-Term Plan. If Airbatch does offer to renew, Airbatch will determine the price and terms.
For Plans paid in installments you agree to have the credit card, debit card or other authorized payment source (the “Payment Source”) used for your initial Plan purchase (or your first Plan payment where not otherwise paid for by a Plan Payment Provider, group, membership, or promotional partner), kept on file to automatically charge in advance of the first day of each installment period following your initial payment or your first Plan payment where not otherwise paid for by a Plan Payment Provider, group, membership, or promotional partner. Alternatively, if Your Plan is linked to Your Airbatch ID, the payment source on file with your Airbatch ID will be automatically charged in advance of the first day of each renewal period following your initial payment or your first Plan Payment where not otherwise paid for by a Plan Payment provider, group, membership, or promotional partner and for each renewal period thereafter. For Warranties provided as part of a group, membership, or promotional program, you may have the option to assume payment and continue the Plan when it expires or terminates or at the end of the promotional program period. If continuation is available and you elect to assume payment and continue the Plan (as a Monthly or Fixed-Term Plan), you agree to have the Payment Source kept on file as necessary with Airbatch or with the applicable group or membership to automatically charge in advance of the first day of each renewal or installment period. If your Payment Source cannot be charged for any reason, and you have not otherwise made the appropriate renewal or installment payment on time, your Plan coverage will cease from the due date. Airbatch has the right, but not the obligation, to accept any late payment and allow your Plan to continue from the date of late payment. For all Warranties you will be notified in advance of any price increase, in accordance with Section 11 of this Plan.
You can find the price of the Plan on the original sales receipt as provided by Airbatch or another seller from whom you’ve purchased your Plan (a “Reseller”), or your Plan Payment Provider, or, if you purchased this Plan on a covered Purchase Order as part of Airbatch Protection, you can see the price of your Plan in Section 12(p).
3. Coverage Conditions
3.1 Coverage. Approved purchase order and products are protected against illiquidity caused by defective product factory replacement credits.
3.2 Limits of Liability. $50,000 any one purchase order per account of the Covered. $5,000 any one claim per purchase order per account of the Covered
3.3 Coverage Time Frame. Coverage begins from the time the goods covered arrive at the importers distribution warehouse and continues for 12 months from this date.
3.4 Geographical Limits. Purchase orders to/from Afghanistan, Iran Iraq, Libya, Somalia, Sudan, Syria, Yemen, Haiti, Nigeria, Pakistan, and the Commonwealth of Independent States (CIS) are not covered. The CIS presently includes Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.
3.5 Excluded products
3.2 Limits of Liability. $50,000 any one purchase order per account of the Covered. $5,000 any one claim per purchase order per account of the Covered
3.3 Coverage Time Frame. Coverage begins from the time the goods covered arrive at the importers distribution warehouse and continues for 12 months from this date.
3.4 Geographical Limits. Purchase orders to/from Afghanistan, Iran Iraq, Libya, Somalia, Sudan, Syria, Yemen, Haiti, Nigeria, Pakistan, and the Commonwealth of Independent States (CIS) are not covered. The CIS presently includes Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.
3.5 Excluded products
- Automobiles and motorcycles
- Jewelry (valued in excess of $1,500)
- Boats and yachts
- Live animals
- Cash
- Lumber
- Ceramic, marble or granite tiles, slab blocks countertops or statues
- Negotiable papers
- Cigarettes and other tobacco products
- Perishable commodities
- Raw cotton
- Pharmaceutical drugs
- Fine arts
- Precious stones and metals
- Flowers
- Scrap metal, steel metal and steel metal products; automotive engines; general used automotive merchandise made of metal.
- Glass windows, plate glass and similar goods
- Securities
3.6 Claim Filing Requirements. It is understood and agreed that the following timelines for claims transmittal must be adhered to in order for a claim to be processed:
Claims for product returns presumed to be defective by the vendor, must be filed no sooner than 7 days, but not later than 30 days of vendor credit
3.7 General Coverage Exclusions. This coverage does not protect against any loss, damage or expense attributable to or caused by:
Claims for product returns presumed to be defective by the vendor, must be filed no sooner than 7 days, but not later than 30 days of vendor credit
3.7 General Coverage Exclusions. This coverage does not protect against any loss, damage or expense attributable to or caused by:
- Product damage during transit.
- Product damage during storage or warehousing.
- Willful misconduct, infidelity, conversion or dishonest acts of the Covered, or the Covered employees, whether committed alone or in collusion with others.
- Loss of market or loss, damage, expense or deterioration arising from delay.
- Insolvency or financial default of owners, managers or employees of vendors, distributors or retailers.
- Late or non payment of accounts receivables.
4. What is Covered?
4.1 Eligible Defective Product Returns. Eligible Defective Product Returns are those products returned by customers after purchase that are showing manufacturers defects in materials and workmanship according to the signed Factory Contract of the Covered Product of a Covered Purchase Order.
If during the Plan Term, you submit a valid claim by notifying Airbatch that a Product has been returned by a consumer showing manufacturers defects in materials and workmanship of the Covered Product or, in relation to Covered Purchase Order Airbatch will either: (a) reimburse the Product cost of the defective product as specified in the Purchase Order and the Vendor Credit at no charge. (b) deny the claim and state the reasons for the claim denial. Exclusions apply as described below.
Each time you receive Claim reimbursement for a Product it is a “Claim Event.
”You are eligible to receive unlimited Claim Events for your Covered Purchase Orders while the Plan is active, up to the date the Plan is canceled or otherwise terminated. Requests for Claim Events submitted and received by Airbatch after the Plan has been canceled or terminated will not be covered by the Plan.
Airbatch will reimburse and deliver funds via ACH transfer for eligible Claims submitted according to the reimbursement account on file. Airbatch has 14 business days to review an eligible claim in which timeframe the Claim will be accepted or denied.
4.2 Technical Support. During the Plan Term, Airbatch will provide you with priority access to web-based technical support for Plan Coverage (“Technical Support”). Your Technical Support starts on the date you purchase the Plan Coverage.
Airbatch Technical Support is limited to the following: (i) the Covered Purchase Orders, (ii) the Products covered inside a Purchase Order. (iii) Claims filed for Defective Product Returns by customers showing manufacturers defects in materials and workmanship. Exclusions apply as described below.
If during the Plan Term, you submit a valid claim by notifying Airbatch that a Product has been returned by a consumer showing manufacturers defects in materials and workmanship of the Covered Product or, in relation to Covered Purchase Order Airbatch will either: (a) reimburse the Product cost of the defective product as specified in the Purchase Order and the Vendor Credit at no charge. (b) deny the claim and state the reasons for the claim denial. Exclusions apply as described below.
Each time you receive Claim reimbursement for a Product it is a “Claim Event.
”You are eligible to receive unlimited Claim Events for your Covered Purchase Orders while the Plan is active, up to the date the Plan is canceled or otherwise terminated. Requests for Claim Events submitted and received by Airbatch after the Plan has been canceled or terminated will not be covered by the Plan.
Airbatch will reimburse and deliver funds via ACH transfer for eligible Claims submitted according to the reimbursement account on file. Airbatch has 14 business days to review an eligible claim in which timeframe the Claim will be accepted or denied.
4.2 Technical Support. During the Plan Term, Airbatch will provide you with priority access to web-based technical support for Plan Coverage (“Technical Support”). Your Technical Support starts on the date you purchase the Plan Coverage.
Airbatch Technical Support is limited to the following: (i) the Covered Purchase Orders, (ii) the Products covered inside a Purchase Order. (iii) Claims filed for Defective Product Returns by customers showing manufacturers defects in materials and workmanship. Exclusions apply as described below.
5. What is not Covered?
5.1 Airbatch only reimburses the cost of the product as listed on the purchase order at the time protection is purchased.
5.2 Airbatch does not cover or reimburse shipping costs, import and export costs, custom duties, V.A.T. and other associated taxes and charges.
5.3 Airbatch may restrict Purchase Order Protection to the country where the Covered Purchase Order was originally purchased.
5.4 Airbatch will not reimburse Claims under the following circumstances:
5.2 Airbatch does not cover or reimburse shipping costs, import and export costs, custom duties, V.A.T. and other associated taxes and charges.
5.3 Airbatch may restrict Purchase Order Protection to the country where the Covered Purchase Order was originally purchased.
5.4 Airbatch will not reimburse Claims under the following circumstances:
- Defective product returns where Quality Control tests were not performed and test results entered on the Airbatch platform.
- Defective product returns not listed in a Purchase Order where Protection was purchased.
- Defective product returns not listed on a Vendor Credit.
- Defective product returns not accepted by a Vendor as a Manufacturers Defect.
5.5 Airbatch will not provide Technical Support in the following circumstances:
- Defective product returns where Quality Control tests were not performed and test results entered on the Airbatch platform.
- Defective product returns not listed in a Purchase Order where Protection was purchased.
- Defective product returns not listed on a Vendor Credit.
- Defective product returns not accepted by a Vendor as a Manufacturers Defect.
- Import or export, shipping or logistic support.
6. How to Obtain Service and Support?
You may obtain service or Technical Support by accessing support at airbatch.io. You must provide the Plan Agreement Number or Covered Purchase Order Number. You must also, upon request, present your Plan Confirmation, and the original sales receipt for your Covered Purchase Order and your Plan.
7. Service Options
Airbatch will provide Purchase Order Plan services exclusively online at airbatch.io
Airbatch may change the method by which Airbatch provides Protection Plan service to you, and your Covered Purchase Order Protection eligibility to receive a particular method of service.
Airbatch may change the method by which Airbatch provides Protection Plan service to you, and your Covered Purchase Order Protection eligibility to receive a particular method of service.
8. Your Responsibilities
To receive service or support under the Plan, you agree to (i) provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, (ii) provide information about the symptoms and causes of the issues with the Covered Purchase Order, (iii) respond to requests for information needed to diagnose or service the Covered Purchase Order, (iv) follow instructions Airbatch gives you.
During Purchase Order Protection Plan Service, Airbatch will refund the Product Cost charged by your Vendor listed on your Covered Purchase Order.
During Purchase Order Protection Plan Service, Airbatch will refund the Product Cost charged by your Vendor listed on your Covered Purchase Order.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRBATCH AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED PURCHASE ORDER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE COSTS OF RECOVERING DEFECTIVE PRODUCT RETURNS OR THE FAILURE TO RECEIVE PRODUCT REPLACEMENTS FORM YOUR VENDORS, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM AIRBATCH’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF AIRBATCH AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. AIRBATCH SPECIFICALLY DOES NOT WARRANT THAT (i) PRODUCTS WILL REPLACE THE COVERED PURCHASE ORDER, (ii) PRODUCTS WILL BE MADE WITHOUT DEFECTS(iii) THE ONGOING RELATIONSHIP WITH YOUR VENDORS.
THE BENEFITS CONFERRED BY THIS Plan ARE IN ADDITION TO ANY RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, AIRBATCH’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED PURCHASE ORDER OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE BENEFITS CONFERRED BY THIS Plan ARE IN ADDITION TO ANY RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, AIRBATCH’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED PURCHASE ORDER OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Cancellation
10.1 Your Cancellation Rights. Regardless of your method of purchase, you may cancel this Plan at any time for any reason.
- Regardless of your Plan type, to cancel this Plan with the return of your Covered Purchase Order, as permitted by the original sales channel’s return policy, go to the original sales channel of your Covered Purchase Order (whether a Reseller or Airbatch). You (or your Plan Payment Provider, group or membership program, or the promotional partner as the case may be) will receive a full Plan refund.
- Subject to Subsection 9.1(c) below, all other cancellations:
10.2 For Monthly Warranties:
To cancel a Monthly Plan immediately and receive a pro rata refund based on the percentage of unexpired time remaining on Your Monthly Plan Term, you may:
To cancel a Monthly Plan immediately and receive a pro rata refund based on the percentage of unexpired time remaining on Your Monthly Plan Term, you may:
- Go to airbatch.io on Your Covered Purchase Order and select the links for “Cancel a subscription”. ” If You do not see Your Plan when you try to cancel it, You may need to finish setting up Your account with Your Airbatch ID. For further assistance, please refer to airbatch.io.
- Turn off your next Monthly Plan renewal through (i) your billing platform, or if available, (ii) through the account settings on your Covered Purchase Order, in which case cancellation will be deferred until midnight on the last day of the month for which your last monthly payment was paid. Your Monthly Plan will remain active until the end of that month at which point it will be canceled and no cancellation refund will be provided.
Your failure to timely and fully make any monthly payment will be deemed an expression of your intent to cancel your Plan and no cancellation refund will be provided.
(ii) For Fixed-Term Warranties:
To cancel a Fixed-Term Plan, contact airbatch.io. Please provide your Covered Purchase Orders Plan Number, Your Plan’s original proof of purchase, and contact information.
Unless local law provides otherwise, cancellation refunds will be provided as follows:
(a) Within thirty (30) days of your Plan’s purchase or receipt of this Plan, whichever occurs later, you will receive a full refund less the value of any benefits provided to you under the Plan.
(b) More than thirty (30) days after your receipt of this Plan, you will receive a pro-rata refund of the original purchase price. The pro-rata refund is based on the percentage of unexpired Plan Term from the Plan’s date of purchase, less the value of any benefits provided to you under the Plan.
If your Fixed-Term Plan is financed through a Plan Payment Provider, contact your Plan Payment Provider to cancel your Plan. Airbatch may return any refund owed to the financing entity who paid Airbatch for your Plan.
(c) Cancellations in connection with a group, membership, or promotional program:
If continuation is available and you do not elect to assume payment and continue the Airbatch Purchase Order Protection Plan provided by a group or membership program or promotional partner when the Plan expires or terminates, or you cancel a Plan prior to its expiration or termination or during its promotional period, your Plan will be canceled, you will have no right to any refund unless the Plan was paid for by you, and any refund (if applicable) will be returned to the group or membership program or promotional partner that provided you the Plan.
10.3 Airbatch’s Cancellation Rights. If your Payment Source cannot be charged for any reason for amounts due, including for any Monthly Plan renewal or other installment payment owed by you, and you have not otherwise made the appropriate payment by the due date or any applicable renewal date, your Plan may be canceled for nonpayment and your Plan coverage will cease from the due date or renewal date.
Additionally, unless applicable local law provides otherwise, Airbatch may cancel this Plan for fraud or material misrepresentation upon 15 (15) days’ prior notice. If local law permits and Airbatch cancels this Plan, you will receive a pro-rata refund for the Plan’s unexpired term.
10.4 Effect of Cancellation. Upon the effective date of cancellation, Airbatch’s future obligations under this Plan to you are fully extinguished.
(ii) For Fixed-Term Warranties:
To cancel a Fixed-Term Plan, contact airbatch.io. Please provide your Covered Purchase Orders Plan Number, Your Plan’s original proof of purchase, and contact information.
Unless local law provides otherwise, cancellation refunds will be provided as follows:
(a) Within thirty (30) days of your Plan’s purchase or receipt of this Plan, whichever occurs later, you will receive a full refund less the value of any benefits provided to you under the Plan.
(b) More than thirty (30) days after your receipt of this Plan, you will receive a pro-rata refund of the original purchase price. The pro-rata refund is based on the percentage of unexpired Plan Term from the Plan’s date of purchase, less the value of any benefits provided to you under the Plan.
If your Fixed-Term Plan is financed through a Plan Payment Provider, contact your Plan Payment Provider to cancel your Plan. Airbatch may return any refund owed to the financing entity who paid Airbatch for your Plan.
(c) Cancellations in connection with a group, membership, or promotional program:
If continuation is available and you do not elect to assume payment and continue the Airbatch Purchase Order Protection Plan provided by a group or membership program or promotional partner when the Plan expires or terminates, or you cancel a Plan prior to its expiration or termination or during its promotional period, your Plan will be canceled, you will have no right to any refund unless the Plan was paid for by you, and any refund (if applicable) will be returned to the group or membership program or promotional partner that provided you the Plan.
10.3 Airbatch’s Cancellation Rights. If your Payment Source cannot be charged for any reason for amounts due, including for any Monthly Plan renewal or other installment payment owed by you, and you have not otherwise made the appropriate payment by the due date or any applicable renewal date, your Plan may be canceled for nonpayment and your Plan coverage will cease from the due date or renewal date.
Additionally, unless applicable local law provides otherwise, Airbatch may cancel this Plan for fraud or material misrepresentation upon 15 (15) days’ prior notice. If local law permits and Airbatch cancels this Plan, you will receive a pro-rata refund for the Plan’s unexpired term.
10.4 Effect of Cancellation. Upon the effective date of cancellation, Airbatch’s future obligations under this Plan to you are fully extinguished.
11. Transfer of Plan
For Fixed-Term Warranties only, and excluding any Warranties paid for directly by a Plan Payment Provider, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (i) you transfer to the other party the original proof of purchase, the Plan Confirmation, the Plan’s service contract; (ii) you notify Airbatch of the transfer as instructed at airbatch.io, and (iii) the other party accepts the terms of this service contract. If you financed the purchase of your Plan through a Plan Payment Provider or otherwise pay in installments, the transferee must assume and comply with all payment obligations of the transferor, and any failure to do so by a transferee shall immediately trigger the applicable cancellation provisions as described in Section 9. When notifying Airbatch of the transfer, you must provide the Plan Agreement Number and the name, address, telephone number and email address of the new owner. Monthly Warranties cannot be transferred.
12. Plan Changes
The Plan terms and conditions originally issued to you will remain in effect for the duration of your Plan Term and each Monthly Plan renewal if applicable, unless Airbatch notifies you of revised Plan terms and conditions. Airbatch may, at any time, revise any of the terms and conditions of this Plan, including the price and applicable service fees, upon thirty (30) days’ notice to you. If you do not agree to the revised Plan terms and conditions, you may cancel the Plan without penalty. If you do not cancel the Plan within the Notice Period, your continued payment of monthly or other installment charges (if applicable) or request for service under the Plan after receiving notice of a change in your Plan terms and conditions, including with respect to a change in price or service fees, will be deemed consent by you to be bound by such revised Plan terms and conditions. In any event, you may cancel the Plan at any time in accordance with Section 9.
If Airbatch adopts any revision to this Plan that would broaden your coverage without additional cost or any increase in service fees, the broadened coverage will immediately apply to this Plan.
If Airbatch adopts any revision to this Plan that would broaden your coverage without additional cost or any increase in service fees, the broadened coverage will immediately apply to this Plan.
13. General Terms
(a) Airbatch may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(b) Airbatch is not responsible for any failures or delays in performing under the Plan that are due to events outside of Airbatch’s reasonable control.
(c) Airbatch is not responsible for shipping or logistics services associated with your defective product returns.
(d) This Plan is offered and valid only in the fifty states of the United States of America and the District of Columbia. Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all jurisdictions, including all provinces or territories of the United States and is not available where prohibited by law.
(e) In carrying out its obligations Airbatch may, solely for the purposes of monitoring the quality of Airbatch’s response, record part or all of the communication between you and Airbatch.
(f) You agree that any information or data disclosed to Airbatch under this Plan is not confidential or proprietary to you. Furthermore, you agree that Airbatch may collect and process data on your behalf when it provides any service. This may include transferring your data to affiliated companies or service providers in accordance with the Airbatch Customer Privacy Policy.
(g) Airbatch has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction.
(h) You understand and agree that by purchasing the Plan, Airbatch will use, process, transfer, and protect your information in accordance with Airbatch Customer Privacy Policy available at Airbatch.com/legal/privacy. Without prejudice to the foregoing, you agree that Airbatch, its affiliates or service providers may use and process your name, contact information, claim history and other personal information we, our affiliates or service providers collect or generate in relation to your Plan, for the purposes of:
(i) providing and administering the services under the Plan and performing this contract; (ii) ensuring service quality; and (iii) communicating with you regarding your Plan, related financial transactions, and services and support provided under this contract. For such purposes, you agree that this may include the transfer of your personal information between Airbatch, its affiliates and service providers. If you have any questions regarding the processing of your personal data, contact Airbatch at Airbatch.com/legal/privacy/contact. To update your personal contact preferences or you may contact Airbatch at Airbatch.com/privacy/contact.(i) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Airbatch’s entire understanding with respect to the Plan.
(j) Airbatch is not obligated to renew any Fixed-Term Plan. If Airbatch does offer renewal, Airbatch will determine the price and terms.
(k) There is no informal dispute settlement process available under this Plan.
(l) As used in this Plan, “Airbatch” is a Utah corporation. Warranties sold in the United States are backed by the full faith and credit of the provider, Airbatch LLC.
(m) The Administrator is Airbatch LLC. (the “Administrator”),The Administrator is responsible for the collection and transfer to Airbatch LLC of the purchase price for the Plan and for the administration of claims under the Plan.
(n) Except where prohibited by law, the laws of the State of Utah govern Protection Plans purchased in the United States. If these terms are inconsistent with the laws of any jurisdiction where you purchase this Plan, including the laws of Alabama, Arizona, Florida, Georgia, Nevada, Oregon, Vermont, Washington, Wisconsin, and Wyoming, then the laws of that jurisdiction will control.
(o) Support services under this Plan may be available in English only.
(b) Airbatch is not responsible for any failures or delays in performing under the Plan that are due to events outside of Airbatch’s reasonable control.
(c) Airbatch is not responsible for shipping or logistics services associated with your defective product returns.
(d) This Plan is offered and valid only in the fifty states of the United States of America and the District of Columbia. Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all jurisdictions, including all provinces or territories of the United States and is not available where prohibited by law.
(e) In carrying out its obligations Airbatch may, solely for the purposes of monitoring the quality of Airbatch’s response, record part or all of the communication between you and Airbatch.
(f) You agree that any information or data disclosed to Airbatch under this Plan is not confidential or proprietary to you. Furthermore, you agree that Airbatch may collect and process data on your behalf when it provides any service. This may include transferring your data to affiliated companies or service providers in accordance with the Airbatch Customer Privacy Policy.
(g) Airbatch has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction.
(h) You understand and agree that by purchasing the Plan, Airbatch will use, process, transfer, and protect your information in accordance with Airbatch Customer Privacy Policy available at Airbatch.com/legal/privacy. Without prejudice to the foregoing, you agree that Airbatch, its affiliates or service providers may use and process your name, contact information, claim history and other personal information we, our affiliates or service providers collect or generate in relation to your Plan, for the purposes of:
(i) providing and administering the services under the Plan and performing this contract; (ii) ensuring service quality; and (iii) communicating with you regarding your Plan, related financial transactions, and services and support provided under this contract. For such purposes, you agree that this may include the transfer of your personal information between Airbatch, its affiliates and service providers. If you have any questions regarding the processing of your personal data, contact Airbatch at Airbatch.com/legal/privacy/contact. To update your personal contact preferences or you may contact Airbatch at Airbatch.com/privacy/contact.(i) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Airbatch’s entire understanding with respect to the Plan.
(j) Airbatch is not obligated to renew any Fixed-Term Plan. If Airbatch does offer renewal, Airbatch will determine the price and terms.
(k) There is no informal dispute settlement process available under this Plan.
(l) As used in this Plan, “Airbatch” is a Utah corporation. Warranties sold in the United States are backed by the full faith and credit of the provider, Airbatch LLC.
(m) The Administrator is Airbatch LLC. (the “Administrator”),The Administrator is responsible for the collection and transfer to Airbatch LLC of the purchase price for the Plan and for the administration of claims under the Plan.
(n) Except where prohibited by law, the laws of the State of Utah govern Protection Plans purchased in the United States. If these terms are inconsistent with the laws of any jurisdiction where you purchase this Plan, including the laws of Alabama, Arizona, Florida, Georgia, Nevada, Oregon, Vermont, Washington, Wisconsin, and Wyoming, then the laws of that jurisdiction will control.
(o) Support services under this Plan may be available in English only.
14. Country, Province and State Variations
One or more of the terms that appear below may apply to the Plan. The terms below may vary from one or more of the terms that appear above this section. Product availability may vary by jurisdiction. The following jurisdiction variations will control if inconsistent with any other provisions of this Plan:
Alabama, Arkansas, California, Colorado, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New Mexico, Nevada, New York, South Carolina, Texas, Washington and Wyoming Residents. If you purchased the Plan in one of these states, this term applies to the Plan:
If you cancel this Plan pursuant to these terms and conditions, and Airbatch fails to refund the purchase price to you within the time period specified below Airbatch will pay you a penalty of ten percent (10%) per month for the unpaid amount due and owing. For California, New York, Missouri and Washington residents, Airbatch will provide a refund within thirty (30) days. For Alabama, Arkansas, Colorado, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, South Carolina, Texas and Wyoming residents, Airbatch will provide a refund within forty-five (45) days. For New Mexico residents, Airbatch will provide a refund within sixty (60) days. The right to cancel and receive this penalty payment only applies to the original owner of the Agreement and may not be transferred or assigned. The obligations of the provider under this service contract are backed by the full faith and credit of the provider, Airbatch LLC.
California Residents. If you purchased the Plan in this state, these terms apply to the Plan:
f you cancel this Plan within thirty (30) days of your Plan receipt, you will receive a full refund less the value of any service provided under the Plan.
Colorado Residents. If you purchased the Plan in this state, this term applies to the Plan:
Notice: This Plan is subject to the Colorado Consumer Protection Act or the Unfair Practices Act, Articles 1 and 2 of Title 6, CRS.
Connecticut Residents. If you purchased the Plan in this state, this term applies to the Plan:
Resolution of Disputes: Disputes may be resolved by arbitration. Unresolved disputes or complaints may be mailed, with a copy of this Plan, to the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0846, Attn: Consumer Affairs.
Florida Residents. If you purchased the Plan in this state, this term applies to the Plan:
The laws of the State of Florida will govern this Plan and any dispute arising under it. The rate that is charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. No cancellation fee will be imposed in the event of a cancellation.
Michigan Residents. If you purchased the Plan in this state, this term applies to the Plan:
If performance of the service contract is interrupted because of a strike or work stoppage at the company's place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.
Nevada Residents. If you purchased the Plan in this state, this term applies to the Plan:Cancellations:
No Plan that has been in effect for at least seventy (70) days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds: (i) failure by the holder to pay an amount due; (ii) conviction of the holder of a crime, which results in an increase in the service required; (iii) discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder; (iv) discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan; or (v) a material change in the nature or extent of the required service which occurs after the effective date of the Plan and which causes the required service to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold.
No cancellation of a service contract will become effective until at least fifteen (15) days after the notice of cancellation is mailed to the holder. If you have not made a claim and you return this contract to us, either within twenty (20) days of the date that we mailed the contract to you or within ten (10) days of the date of purchase if you were given a copy of this contract when you purchased it, then this contract shall be void and we will refund to you the purchase price of the contract.If Airbatch cancels this Plan, Airbatch shall refund to Nevada consumers the portion of the purchase price that is unearned. Airbatch may deduct any outstanding balance on your account from the amount of the purchase price that is unearned when calculating the amount of the refund. If Airbatch cancels a contract pursuant to NRS 690C.270, it may not impose a cancellation fee.Except as otherwise provided in this section, a Nevada resident who is the original purchaser of this Plan, who submits to Airbatch a request to cancel the Plan in accordance with the terms of the Plan, shall receive a refund of the portion of the Plan’s purchase price that is unearned and Airbatch will not deduct the value of any service provided. If you request the cancellation of this Plan after the first thirty (30) days of the Plan term, Airbatch will not impose a cancellation fee or deduct the value of any service provided. When Airbatch calculates the amount of a refund pursuant to this paragraph, it may deduct from the portion of the purchase price that is unearned any outstanding balance on the account. Airbatch LLC backs this Plan for Nevada residents by its full faith and credit.Transfer: Section 10 does not apply to Monthly Plans or Fixed-Term Plans paid in installments directly by a Plan Payment Provider, which may not be transferred.No prior approval for services or goods covered under the Plan is necessary. Tax is not applicable in the State of Nevada on the service fee for ADH claims.If you are not satisfied with the handling of your claim, you may contact the Nevada Division of Insurance by calling the toll-free number (888) 872-3234.
New Hampshire Residents. If you purchased the Plan in this state, this term applies to the Plan:
In the event you do not receive satisfaction under this contract, you may contact the New Hampshire insurance department, by mail at State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord NH 03301, or by telephone, via Consumer Assistance, at 800-852-3416.
New Mexico Residents. If you purchased the Plan in this state, this term applies to the Plan:
Cancellations: No Plan that has been in effect for at least seventy (70) days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds: (i) failure by the holder to pay an amount due; (ii) Conviction of the holder of a crime, which results in an increase in the service required; (iii) discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder; (iv) discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan; or (v) a material change in the nature or extent of the required service which occurs after the effective date of the Plan and which causes the required service to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold.
North Carolina Residents. If you purchased the Plan in this state, this term applies to the Plan:
The purchase of this Plan is not required either to purchase or to obtain financing for the Covered Purchase Order.
Ohio Residents. If you purchased the Plan in this state, this term applies to the Plan:
Although this service contract is not an insurance policy, the obligations for claims hereunder for Plans sold in Ohio are insured by Illinois National Insurance Co., with an address of 180 Maiden Lane 25th Floor, New York, NY 10038 (Phone Number: 1-800-250-3819). With any correspondence, please provide your phone number and case number, if applicable. You are entitled to make a direct claim against the insurance company if Airbatch fails to provide service pursuant to a claim sixty (60) days after Airbatch’s receipt of your claim.
Oregon Residents. If you purchased the Plan in this state, this term applies to the Plan:
In the event you do not receive satisfaction under this contract, you may contact the Oregon Department of Consumer and Business Services, Division of Financial Regulation, Consumer Advocacy Section, P.O. Box 14480, Salem, OR 97309 or at 350 Winter Street NE, 4th Floor, Salem, OR 97301; or by telephone at 888-877-4894 or 503-947-7984, or by email at cp.ins@oregon.gov.
Alabama, Arkansas, California, Colorado, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New Mexico, Nevada, New York, South Carolina, Texas, Washington and Wyoming Residents. If you purchased the Plan in one of these states, this term applies to the Plan:
If you cancel this Plan pursuant to these terms and conditions, and Airbatch fails to refund the purchase price to you within the time period specified below Airbatch will pay you a penalty of ten percent (10%) per month for the unpaid amount due and owing. For California, New York, Missouri and Washington residents, Airbatch will provide a refund within thirty (30) days. For Alabama, Arkansas, Colorado, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, South Carolina, Texas and Wyoming residents, Airbatch will provide a refund within forty-five (45) days. For New Mexico residents, Airbatch will provide a refund within sixty (60) days. The right to cancel and receive this penalty payment only applies to the original owner of the Agreement and may not be transferred or assigned. The obligations of the provider under this service contract are backed by the full faith and credit of the provider, Airbatch LLC.
California Residents. If you purchased the Plan in this state, these terms apply to the Plan:
f you cancel this Plan within thirty (30) days of your Plan receipt, you will receive a full refund less the value of any service provided under the Plan.
Colorado Residents. If you purchased the Plan in this state, this term applies to the Plan:
Notice: This Plan is subject to the Colorado Consumer Protection Act or the Unfair Practices Act, Articles 1 and 2 of Title 6, CRS.
Connecticut Residents. If you purchased the Plan in this state, this term applies to the Plan:
Resolution of Disputes: Disputes may be resolved by arbitration. Unresolved disputes or complaints may be mailed, with a copy of this Plan, to the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0846, Attn: Consumer Affairs.
Florida Residents. If you purchased the Plan in this state, this term applies to the Plan:
The laws of the State of Florida will govern this Plan and any dispute arising under it. The rate that is charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. No cancellation fee will be imposed in the event of a cancellation.
Michigan Residents. If you purchased the Plan in this state, this term applies to the Plan:
If performance of the service contract is interrupted because of a strike or work stoppage at the company's place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.
Nevada Residents. If you purchased the Plan in this state, this term applies to the Plan:Cancellations:
No Plan that has been in effect for at least seventy (70) days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds: (i) failure by the holder to pay an amount due; (ii) conviction of the holder of a crime, which results in an increase in the service required; (iii) discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder; (iv) discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan; or (v) a material change in the nature or extent of the required service which occurs after the effective date of the Plan and which causes the required service to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold.
No cancellation of a service contract will become effective until at least fifteen (15) days after the notice of cancellation is mailed to the holder. If you have not made a claim and you return this contract to us, either within twenty (20) days of the date that we mailed the contract to you or within ten (10) days of the date of purchase if you were given a copy of this contract when you purchased it, then this contract shall be void and we will refund to you the purchase price of the contract.If Airbatch cancels this Plan, Airbatch shall refund to Nevada consumers the portion of the purchase price that is unearned. Airbatch may deduct any outstanding balance on your account from the amount of the purchase price that is unearned when calculating the amount of the refund. If Airbatch cancels a contract pursuant to NRS 690C.270, it may not impose a cancellation fee.Except as otherwise provided in this section, a Nevada resident who is the original purchaser of this Plan, who submits to Airbatch a request to cancel the Plan in accordance with the terms of the Plan, shall receive a refund of the portion of the Plan’s purchase price that is unearned and Airbatch will not deduct the value of any service provided. If you request the cancellation of this Plan after the first thirty (30) days of the Plan term, Airbatch will not impose a cancellation fee or deduct the value of any service provided. When Airbatch calculates the amount of a refund pursuant to this paragraph, it may deduct from the portion of the purchase price that is unearned any outstanding balance on the account. Airbatch LLC backs this Plan for Nevada residents by its full faith and credit.Transfer: Section 10 does not apply to Monthly Plans or Fixed-Term Plans paid in installments directly by a Plan Payment Provider, which may not be transferred.No prior approval for services or goods covered under the Plan is necessary. Tax is not applicable in the State of Nevada on the service fee for ADH claims.If you are not satisfied with the handling of your claim, you may contact the Nevada Division of Insurance by calling the toll-free number (888) 872-3234.
New Hampshire Residents. If you purchased the Plan in this state, this term applies to the Plan:
In the event you do not receive satisfaction under this contract, you may contact the New Hampshire insurance department, by mail at State of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord NH 03301, or by telephone, via Consumer Assistance, at 800-852-3416.
New Mexico Residents. If you purchased the Plan in this state, this term applies to the Plan:
Cancellations: No Plan that has been in effect for at least seventy (70) days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the Plan, whichever occurs first, except on the following grounds: (i) failure by the holder to pay an amount due; (ii) Conviction of the holder of a crime, which results in an increase in the service required; (iii) discovery of fraud or material misrepresentation by the holder in obtaining the Plan, or in presenting a claim for service thereunder; (iv) discovery of an act or omission by the holder, or a violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan; or (v) a material change in the nature or extent of the required service which occurs after the effective date of the Plan and which causes the required service to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold.
North Carolina Residents. If you purchased the Plan in this state, this term applies to the Plan:
The purchase of this Plan is not required either to purchase or to obtain financing for the Covered Purchase Order.
Ohio Residents. If you purchased the Plan in this state, this term applies to the Plan:
Although this service contract is not an insurance policy, the obligations for claims hereunder for Plans sold in Ohio are insured by Illinois National Insurance Co., with an address of 180 Maiden Lane 25th Floor, New York, NY 10038 (Phone Number: 1-800-250-3819). With any correspondence, please provide your phone number and case number, if applicable. You are entitled to make a direct claim against the insurance company if Airbatch fails to provide service pursuant to a claim sixty (60) days after Airbatch’s receipt of your claim.
Oregon Residents. If you purchased the Plan in this state, this term applies to the Plan:
In the event you do not receive satisfaction under this contract, you may contact the Oregon Department of Consumer and Business Services, Division of Financial Regulation, Consumer Advocacy Section, P.O. Box 14480, Salem, OR 97309 or at 350 Winter Street NE, 4th Floor, Salem, OR 97301; or by telephone at 888-877-4894 or 503-947-7984, or by email at cp.ins@oregon.gov.
For any inquiries regarding your Airbatch coverage, you can write or call the Administrator/ obligor at the address or phone number included in this contract.
Data as referred to in Section 12(f) of the General Terms section means data that is provided to Airbatch as part of this service contract.
South Carolina Residents. If you purchased the Plan in this state, this term applies to the Plan:
You may address any unresolved complaints or Plan regulation questions to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, Tel: 1-800-768-3467.
Texas Residents. If you purchased the Plan in this state, this term applies to the Plan:
The provider may cancel this Plan with no prior notice for non-payment, misrepresentation or a substantial breach of a duty by the holder relating to the Covered Equipment or its use. You may address any unresolved complaints or contract regulation question to the TX Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, U.S.
Virginia Residents. If you purchased the Plan in this state, if any promise made in the contract has been denied or has not been honored within sixty (60) days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
Wisconsin Residents. If you purchased the Plan in this state, this term applies to the Plan:
THIS Plan IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. If you cancel this Plan within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund. If you cancel this Plan more than thirty (30) days after your receipt of the Plan, you will receive a pro-rata refund of the original purchase price, based on the percentage of the unexpired Plan Term. No deduction shall be made from the refund for the cost of any service received. Airbatch will not cancel this Plan EXCEPT for failure to pay the purchase price for the Plan. If Airbatch cancels the Plan, you will be paid a pro-rata refund for the Plan’s unexpired term.
Wyoming Residents. If you purchased the Plan in this state, this term applies to the Plan:
If Airbatch cancels this Plan, Airbatch will email to you notice of the cancellation at your last known email contained in Airbatch’s records. Airbatch will email this written notice to you no less than ten (10) days prior to the date when the cancellation will take effect. This written notice to you will contain the date when the cancellation will take effect and the reasons for the cancellation. Airbatch is not obligated to provide prior notice if cancellation is due to nonpayment of the Plan, a material misrepresentation by you to Airbatch, a substantial breach of your duties under the Plan or a substantial breach of your duties relating to the Covered Purchase Order or its use.
Disputes that arise under this Plan may be settled in accordance with the Wyoming Arbitration Act.
All protection is subject to the full terms, conditions and wording of the Airbatch Protection Plan and Service
Agreement.Airbatch U.S. v1.0 - English
Data as referred to in Section 12(f) of the General Terms section means data that is provided to Airbatch as part of this service contract.
South Carolina Residents. If you purchased the Plan in this state, this term applies to the Plan:
You may address any unresolved complaints or Plan regulation questions to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, Tel: 1-800-768-3467.
Texas Residents. If you purchased the Plan in this state, this term applies to the Plan:
The provider may cancel this Plan with no prior notice for non-payment, misrepresentation or a substantial breach of a duty by the holder relating to the Covered Equipment or its use. You may address any unresolved complaints or contract regulation question to the TX Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, U.S.
Virginia Residents. If you purchased the Plan in this state, if any promise made in the contract has been denied or has not been honored within sixty (60) days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
Wisconsin Residents. If you purchased the Plan in this state, this term applies to the Plan:
THIS Plan IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. If you cancel this Plan within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund. If you cancel this Plan more than thirty (30) days after your receipt of the Plan, you will receive a pro-rata refund of the original purchase price, based on the percentage of the unexpired Plan Term. No deduction shall be made from the refund for the cost of any service received. Airbatch will not cancel this Plan EXCEPT for failure to pay the purchase price for the Plan. If Airbatch cancels the Plan, you will be paid a pro-rata refund for the Plan’s unexpired term.
Wyoming Residents. If you purchased the Plan in this state, this term applies to the Plan:
If Airbatch cancels this Plan, Airbatch will email to you notice of the cancellation at your last known email contained in Airbatch’s records. Airbatch will email this written notice to you no less than ten (10) days prior to the date when the cancellation will take effect. This written notice to you will contain the date when the cancellation will take effect and the reasons for the cancellation. Airbatch is not obligated to provide prior notice if cancellation is due to nonpayment of the Plan, a material misrepresentation by you to Airbatch, a substantial breach of your duties under the Plan or a substantial breach of your duties relating to the Covered Purchase Order or its use.
Disputes that arise under this Plan may be settled in accordance with the Wyoming Arbitration Act.
All protection is subject to the full terms, conditions and wording of the Airbatch Protection Plan and Service
Agreement.Airbatch U.S. v1.0 - English
