COMPLETE VERBIAGE FROM FURNITURE CARE PROTECTION CONTRACT:
5 YEAR WARRANTIES
The Furniture Care Protection “Limited Warranty” (hereinafter the “Warranty”) is effective for the Term listed above and begins on the date the Consumer(s), shown on the original receipt, takes delivery. If no term is listed, this Warranty will defer to 4 years. Furniture Care Protection, Inc. (“FCP” “Warrantor” “Our” “Us”) offers a Limited Warranty, at no charge to You, that the furniture protection products exclusively distributed by FCP (“Protection Products”), are designed to prevent or remove stains or repair other damage to the component parts of the new furniture, subject to the terms and conditions set forth herein. This Limited Warranty is not a cleaning or maintenance contract, service contract, insurance policy, or your original manufacturer warranty. It is a Limited Warranty provided to you by FCP. This Limited Warranty is only valid for new furniture, listed above under Items Purchased, and appears on the original sales receipt. The issuing Retailer must make available to You the opportunity to review the terms and conditions of this Limited Warranty prior to issuance.
FURNITURE COVERED BY THE LIMITED WARRANTY: New Fabric, A&P Leather, Wood and Vinyl upholstered residential furniture
COVERAGE INCLUDES THE FOLLOWING ITEMS FROM A SINGLE INCIDENT:
On Fabric or Microfiber
- Household food and beverage stains
- Stains from human and pet saliva, urine, stomach fluid, or blood
- Accidental burn or singe marks caused by brief contact with flame or heat
- Accidental ballpoint pen ink, wax crayon, facial cosmetics, nail polish, or finger nail polish remover
- Color transfer from denim jeans or newspaper
- Accidental puncture, cut, tear or rip
On A&P Leather or Vinyl
- Household food and beverage stains
- Stains from human and pet saliva, urine, stomach fluid, or blood
- Accidental burn or singe marks caused by brief contact with flame or heat,
- Accidental ballpoint pen ink, wax crayon facial cosmetics, nail polish, or nail polish remover
- Color transfer from denim jeans or newspaper
- Cracking or peeling of top grain leather in seating areas
- Cracking or peeling of all leather and vinyl in non-seating Areas
- Accidental puncture, cut, tear or rip
On Wood
- Household food and beverage (product stain- excluding accumulation)
- Accidental singe or heat marks caused by brief contact with flame or heat
- Fading from sun exposure
- Accidental damage from finger nail polish or finger nail polish remover
- Failure of assembled joints
- Water or household beverage marks, stains or rings
- Accidental scratches penetrating through the top coat finish
- Accidental dents, gouges or chipping penetrating through the top coat finish
- Peeling of the finish of solid wood or veneer surfaces
Mechanical and Structural breakdowns* to Fabric, A&P Leather and Vinyl Upholstered Furniture as a result of:
- Breakage of frames, panels or springs
- Breakage of mechanisms including sleeper mechanisms, reclining mechanisms, and heating, power and vibrating mechanisms
*Coverage on frames, panels, springs and mechanisms may be used only upon expiration of manufacturer’s warranty and may not be used in lieu of manufacturer’s warranty.
HOW THE LIMITED WARRANTY WORKS
If Consumer’s new furniture purchased together with FCP Protection Products, becomes accidentally stained or damaged as described above during normal RESIDENTIAL use and Consumer cannot remove the stain or repair the damage using the Protection Products per the label instructions, FCP will, at its sole discretion, clean, repair or replace the affected portion or the complete item(s) with the same or a similar item(s) having a retail purchase price less than or equal to the retail purchase price, as listed on the original receipt, of the affected item(s). For purposes of this Limited Warranty and as used in every instance herein, “item” will be defined as a specific and individual piece of furniture and each “item” purchased will be considered to be separate and distinct from any other pieces of furniture purchased. Consumer must have received new furniture free of stains or damage. This Warranty does not cover stains or damage resulting from transit of items(s). If the item(s) is/are not maintained as required by the furniture manufacturer warranty or Consumer does not cooperate with the reasonable request of FCP in its efforts to perform its obligations, this Warranty becomes void.
ACCEPTANCE OF BENEFITS
I have read, fully understand, and accept the terms and conditions as set forth on the front and back of this LIMITED WARRANTY, for the Protection Products purchased, and have received an exact, complete copy. I further declare that the information provided on this Warranty form is true and correct and any modification, alteration, or change to the preprinted terms and conditions of this Limited Warranty is invalid and of no force or effect.
(Customer Signature) (Date)
W-FURN-COMP-LW (3/18)
HOW TO OBTAIN SERVICE: Within five (5) days of the stain or damage occurring, contact our customer claims department toll-free at 888-705-4001.
WHEN CALLING FOR SERVICE, CONSUMER MUST HAVE:
- The original receipt showing Consumer’s purchase of the Protection Products made in conjunction with the purchase of the new qualifying furniture
- The original copy of this Limited Warranty
- The original delivery date of the Protection Products and Item(s)
- The date of the occurrence of the stain or damage, and the date on which the repair was attempted to be resolved by the Consumer.
THE SERVICE PROCESS
- FCP may provide free professional stain removal, repair advice and/or products to aid in the cleaning or repair of the stained or damaged area or item(s).
- If the stain or damage persists, FCP may arrange for a no charge in-home service by a professional technician.
- If FCP’s designated technician determines that stain removal or damage repairs must occur off-site, the item(s) will be removed and returned at no cost.
- If FCP’s designated technician cannot remove the stain or repair the item(s), FCP at its sole discretion, may elect to replace the affected area.
- FCP, at its sole discretion, may elect to replace the item(s) if the affected area cannot be repaired or replaced. Consumer may select a new replacement item(s) equal in value to the original purchase price of the affected item(s).
- FCP is not responsible for color, dye, lot or texture variations.
- Replacement selection will be done at the original place of purchase; otherwise, FCP, at its sole discretion, will refund a pro-rated portion of the Protection Product purchase price. Replaced item(s) become the property of FCP. Replacement limited to the aggregate listed on the front of the Warranty for all item(s), not to exceed the retail purchase price paid for the new furniture (Item(s)). If no Aggregate Replacement Limit is listed, this amount will default to $5,000. Replacement items will not be covered under this Warranty; any single part will be replaced a maximum of two times.
IMPORTANT EXCLUSIONS/WHAT IS NOT COVERED
This Limited Warranty does not cover (1)anything not specifically listed in the “Coverage” section of this Warranty; (2)damage and/or stains that occur during transit or assembly; (3)failure to comply with the item(s) manufacturer warranty, repairs covered by any manufacturer warranty; (4)willful abuse or misuse; (5)stains from: dye, caustic solution, bleach, stains of unknown origin, (6)soiling or damage from normal use, body oil, hair oil, perspiration, darkened areas where head and legs contact furniture; (7)stains or damage to exotic leathers or suede which exotic leather includes non-bovine hide or any hide embossed or heat stamped with special feature such as alligator, crocodile or ostrich patterns, and basket weave and suede includes covering with raising fibers on flesh-side of hide to give nap effect by buffing; (8)generalized or accumulated soiling, cracking, peeling, or scratching from wear or tear, maintenance and/or everyday use; except as listed in the “Coverage” section herein, (9)any stain or damage from pets other than those associated from bodily fluids as named in the “Coverage” section, (10)odors, fading, or color loss and/or discoloration; (11)any “X” coded and/or non-color fast fabrics; (12)components integrated into furniture, including clock mechanisms, refrigerators, lighting or other electrical components that are not included in the “Coverage” section; (13)wicker and rattan furniture; (14)stains or damage on furniture that has not been properly cared for or maintained, as per your manufacturer’s warranty; (15)stains or damage resulting from the improper use or misuse of furniture, including the use of furniture beyond the purpose for which it had been designed; (16)repetitive bodily fluid stains are considered preventable occurrences and will not be eligible for service; (17)stains or damage due to extensive activities, including but not limited to cuts, rips, tears; (18)furniture that shows signs of infestation, including but not limited to insects, termites, cockroaches and rodents; (19)odors; stains or damage covered under any manufacturer’s warranties, or under any homeowner’s, renter’s, or other insurance policy; (20)stains or damage caused by structural problems, including but not limited to skylights, roofs, or water pipes; (21)stains or damage caused by appliance malfunctions, including but not limited to air conditioners and water heaters; (22)stains or damage caused by theft, vandalism, or as a result of any other illegal activity; (23)stains or damage caused by independent contractors such as but not limited to, maintenance personnel, painters, or other repair or contractor services; (24)furniture located outdoors, on patios or in screened rooms where it may be directly or indirectly exposed to the elements; (25)any item(s) sold “as-is”; used, and/or without manufacturer warranty and/or retailers warranty; (26)any costs or damage from repair and/or cleaning by anyone without written authorization from FCP; any cleaning and/or repair products and/or procedures without written authorization from FCP; any damage by furniture care products not used according to the label instructions provided by FCP ; (27)all natural characteristics that cause appearance variation; (28)failure or loosening of threads or separation of seams along seam lines; (29)consequential or incidental damages, except those expressly covered herein; personal injury damages; lost profits; lost savings, or other economic damages; (30)loss of use of item(s); furniture in storage, utilized for commercial use, non-residential, rental or in-home day care businesses; (31)damage from prolonged exposure to fire or heat; (32)damage from fraud, intentional acts, war, hostilities, terrorism or vandalism; and acts of God. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
IMPORTANT INFORMATION/DISCLAIMER AND LIMITATION OF WARRANTIES
ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY LIMITED TO THE SAME DURATION OF TIME AS THIS LIMITED WARRANTY OR THE MINIMUM PERIOD PERMITTED BY DEFERRAL AND/OR STATE LAW, WHICHEVER IS LESS. AFTER THE EXPIRATION OF THIS LIMITED WARRANTY AS SET FORTH HEREIN, ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS OF HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. ANY PROVISION CONTAINED HEREIN WHICH IS FOUND TO BE CONTRARY TO STATE OR LOCAL LAWS SHALL BE DEEMED NULL AND VOID AND THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
This Limited Warranty applies to the performance of the Protection Products and does not supersede any Warranty provided by the manufacturer of the item(s). The Warranty is not cancelable as it has been provided to You for no consideration with the purchase of a FCP product. It is not renewable or transferable, and only the Consumer listed within this Warranty is eligible for coverage. FCP’s failure to exercise certain rights under the Warranty does not waive those rights. Technicians referred to in this Warranty may be independent contractors of FCP and may not be employees of FCP. FCP assumes no responsibility for statements of claims made by the technicians, or anyone other than FCP employees. FCP assumes no liability, incidental to or in connection with, services provided by its independent contractors. The obligations described herein are the sole and exclusive remedies available to you and such obligation is in lieu of all other warranties.
Any controversy or claim for damages arising out of, or relating to this Warranty or Breach thereof, shall be settled by arbitration administered by American Arbitration Association (“AAA”), in accordance with its Commercial Arbitration rules, and judgment on the award rendered by arbitration, may be entered in any court having jurisdiction thereof. The consumer shall resort to arbitration before exercising rights or seeking other remedies created by Title I of the MagnusonMoss Warranty FTC Improvement Act, but per this Act, the consumer is not required to resort to arbitration before seeking rights and remedies not created by Title I of this Act. Types of information required by arbitration includes, but not limited to, names and address of the parties, statement of nature of claim and relief sought. Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act.
(Warrantor) Furniture Care Protection, Inc, 609 S. Kelly Ave, Suite E-8, Edmond, OK 73003
(Claims Processing)
888 - 705 - 4001 claims@furniturecareprotection.com
DISCLOSURE: THIS LIMITED WARRANTY, INCLUDING THE TERMS, CONDITIONS, LIMITATIONS, EXCEPTIONS, DEFINITIONS AND EXCLUSIONS CONTAINED ON BOTH PAGES OF THIS LIMITED WARRANTY, INCLUDING ANY ENDORSEMENTS AND ATTACHED PAPERS, CONSTITUTES THE ENTIRE LIMITED WARRANTY. NO AGENT HAS THE AUTHORITY TO CHANGE THIS LIMITED WARRANTY OR TO WAIVE ANY OF ITS PROVISIONS AND ANY MODIFICATION, ALTERATION, OR CHANGE TO THE PREPRINTED TERMS AND CONDITIONS IS INVALID.
W-FURN-COMP-LW (3/18)
This verbiage has been manually copied from the contract supplied by Furniture Care Protection. In the event of any errors or discrepencies, the offical contract (PDF available above) will take precedence.
10 Year Mattress Power Base Warranty
The “Furniture Care Protection, Inc. Agreement” (hereinafter the “Agreement”) is effective for the Term listed above and begins on the delivery date as shown on the consumer(s) original receipt. Furniture Care Protection, Inc. (FCP) is the Obligor (We, Our, Us) and offers coverage for mechanical and structural breakdowns on the Mattress Power Base. This Agreement applies to the Mattress Power Base listed above with a total cost of $5,000 or less before sales tax. If no term is listed, coverage shall default to 5 years. This agreement is not an insurance contract; it is an extended service agreement between You and the Obligor. This Agreement is not required to purchase or finance Your Mattress Power Base.
WHAT IS COVERED BY THIS AGREEMENT/HOW THE AGREEMENT WORKS:
FCP will repair the Mattress Power Base, at our discretion, when required due to Mechanical and structural breakdowns to a Mattress Power Base as a result of:
Breakage of mechanisms including sleeper mechanisms, reclining mechanisms and heating and vibrating mechanisms
- Breakage of welds
- Breakage of steel frames
- Failure of integral electrical components, including wiring, motors and remote-control devices
FCP will cover authorized repairs not to exceed the Retail Power Base Purchase Price or FCP will reimburse You for authorized repair or replacement. Replacement parts or complete product will be ordered from the Selling Retailer from which Consumer purchased the Covered Product. Parts or complete product will be replaced with new parts or product of like kind and quality and may be non-original manufacturer parts. In the event of a partial replacement coverage, for any item not replaced, coverage will continue for the remaining term of this Agreement. Replacement of a part or a piece of the Mattress Power Base fulfills coverage on that part or piece of the Mattress Power Base, so is no longer covered under this Agreement. If the original Selling Retailer is not able to replace the Mattress Power Base originally purchased, you may be provided with a substitute product. In the event that a like product or satisfactory substitute product cannot be provided, Consumer will be given a refund of the purchase price of the Covered Product, excluding sales tax, delivery and setup costs.
ACCEPTANCE OF BENEFITS:
I have read, fully understand, and accept the terms and conditions as set forth in this AGREEMENT, for the coverage purchased, and have received an exact complete copy, including any applicable state provisions. I further declare that the information provided on this Agreement form is true and correct and any modification, alteration, or change to the preprinted terms and conditions of this Agreement is invalid and of no force or effect.
(Customer Signature) (Date)
HOW TO OBTAIN SERVICE
Within five (5) days of the damage or breakdown, contact our customer claims department using our toll-free number 888-705-4001 or email claims@furniturecareprotection.com.
WHEN CALLING FOR SERVICE, CONSUMER MUST HAVE:
- The original receipt showing Consumer’s purchase of the Agreement made in conjunction with the purchase of the new qualifying Mattress Power Base and the original copy of this Agreement
- The original delivery date of the repair products and item(s)
- The date of the occurrence of damage or breakdown
There is no deductible required to obtain service for your Mattress Power Base. Service will be performed in your home; if required, the authorized service center may opt to remove the Mattress Power Base to perform service in-shop and will return the Mattress Power Base upon completion. If FCP is unable to repair the damage professionally, we will at our discretion, replace the affected item. If we pay for a loss, we may require you to assign us your rights of recovery against others; we will not pay for a loss if you impair these rights to recover. Your rights to recover from others may not be waived.
(Obligor/Administrator) Furniture Care Protection, Inc., 609 S. Kelly Ave., Suite E-8, Edmond, OK 73003
(Claims Processing) 888-705-4001 claims@furniturecareprotection.com
POWER BASE (3/18)
LIMIT OF LIABILITY: The limit of liability is the least of the cost of one of the following; (1) the Retail Power Base Purchase Price excluding tax and delivery costs paid during the purchase of the Mattress Power Base; (2) replacement of the Mattress Power Base with a product of equal or similar features and functionality.
IMPORTANT EXCLUSIONS/WHAT IS NOT COVERED: The Agreement does not cover (1)any loss other than covered breakdown or damage of the Mattress Power Base; (2)any damage caused by the consumer during the assembly of ready to assemble items; (3)product repairs that are covered by the manufacturer’s warranty or as a result of a recall, regardless of the manufacturer’s ability to cover such repairs; (4)any and all pre-existing conditions that occur prior to the effective date of the agreement and/or any product sold used or damaged; (5)any stain or damage occurring prior to or during delivery, while furniture is in transit or storage, or during assembly; (6)damage from willful abuse, misuse mishandling, unauthorized modifications or alterations to a covered product, failure to follow manufacturer’s instructions; (7)external causes including fire, theft, insects, acts of nature, illegal acts, acts of God or consequential loss of any nature; (8) incidental, consequential or secondary damages or delay in rendering service under this agreement, or loss of use during the period that the covered product is at an authorized service center or otherwise awaiting parts; (9)stain or damage caused by appliance malfunctions and any leak resulting from malfunction; (10)any product used for commercial, institutional or rental purposes; (11)Failures that occur outside of the fifty (50) states of the United States of America, including the District of Columbia; (12)unauthorized repairs and/or parts; (13)service where no problem can be found; (14)breakdowns which are not reported within the term of this Agreement; (15)stain or damage resulting from the use of cleaning products not approved by the manufacturer, mold, mildew, odor, stains caused by medical incontinence; (16)damage caused by an independent contractor or other service maintenance personnel; (17)bodily injury; (18)damage caused by Pets (other than bodily fluids); (19)wear related repairs or damage, such as, but not limited to rust or corrosion, built up over time, normal wear and tear, scratches or dents; (20)noises; (21)accessories used in conjunction with the covered product.
RENEW OR TRANSFER: This agreement is not renewable or transferable, and only the Consumer listed within this Agreement is eligible for coverage.
CANCELLATION: You may cancel this Agreement for any reason at any time. To cancel, please contact Furniture Care Protection, Inc., 609 S. Kelly Ave, Suite E-8, Edmond, OK 73003 at 888-705-4001. In the first thirty (30) days you will receive a full refund upon cancellation. To cancel within thirty (30) days of receipt, contact the selling retailer of your agreement or FCP for a full refund. After thirty (30) days, you will receive a pro-rata refund based on the time expired less a twenty-five ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid, state provisions apply. To cancel after thirty (30) days, please contact Furniture Care Protection, Inc. or the selling retailer. FCP may not cancel this Agreement except for fraud, material misrepresentation or non-payment of premium by the consumer. Notice of such cancellation will be mailed to you at least thirty (30) days prior to cancellation and will include the effective date and reason for cancellation. If FCP cancels, the return of premium is based upon one hundred percent (100%) of the unearned pro-rata premium. (See State Provisions regarding Your rights, privileges, and conditions governing cancellation of this Agreement in Your state)
OBLIGATIONS: This is the entire Agreement between the parties, and no representation, promise or condition not contained herein shall modify these items. The Obligations of the Obligor, Furniture Care Protection, Inc., under this Agreement are insured by a service contract reimbursement policy issued by Virginia Surety Company, Inc., 175 West Jackson Blvd, Chicago, Illinois, 60604, 800-209-6206. If the Obligor fails to pay or provide service on a claim or claim for unearned provider fee/unearned premium in the event of cancellation within 60 days after a claim has been filed and all requested documents have been provided, the contract holder is entitled to make a claim directly against the insurer under the service contract reimbursement insurance policy.
IMPORTANT INFORMATION: This Agreement pertains to the performance of the Mattress Power Base and does not supersede any warranty provided by the manufacturer of the mattress. FCP’s failure to exercise certain rights under the Agreement does not waive those rights. Technicians referred to in this Agreement may be independent contractors of FCP’s and may not be employees of FCP. FCP assumes no responsibility for statements of claims made by the technicians, or anyone other than FCP employees. FCP assumes no liability, incidental to, or in connection with, services provided by its independent contractors. Any provision contained herein which is found to be contrary to state or local laws shall be deemed null and void and the remaining provisions shall continue in full force and effect. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
CLASS ACTION WAIVER: Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. This Agreement, including the terms, conditions, limitations, exclusions, and definitions contained on all pages of this Agreement constitutes the entire Agreement.
(Obligor/Administrator) Furniture Care Protection, Inc., 609 S. Kelly Ave, Suite E-8, Edmond, OK 73003
(Claims Processing) 888-705-4001 claims@furniturecareprotection.com
This verbiage has been manually copied from the contract supplied by Furniture Care Protection. In the event of any errors or discrepencies, the offical contract (PDF available above) will take precedence.