Terms and Conditions

This is a legal contract (referred to hereinafter as the “Plan”). By purchasing it, you understand that it is such a contract and acknowledge that you have had the opportunity to read the terms and conditions set forth herein.

Obligor: The company obligated under the Plan is NBS Warranty Services, Inc. whose address is 1521 Concord Pike, Suite 301, Wilmington, DE 19803, telephone 1-866-414-2629.

Instructions: You must keep the receipt for your product; it is an integral part of this Plan and you may be required to reference it to obtain service. This Plan, including the terms, conditions, limitations, exceptions and exclusions, the receipt containing the length of this Plan and product identification constitute the entire agreement.

Definitions: Throughout this Plan the words (1) “we”, “us”, or “our” refer to the company obligated under this Plan, as referenced in the Obligor section of this Plan. ; (2) Administrator refers to Southern Photo Technical Services (SPTS); (3) “breakdown” refers to the mechanical or electrical failure of the product caused by defects in workmanship and/or materials; (4) “product” refers to the consumer item which you purchased concurrently with and is covered by this Plan; (5) “you” and “your” refers to the individual who purchased the product and this Plan.

Service Plan:

What is Covered: This Plan covers parts and labor costs resulting from a breakdown, normal wear and tear, failure due to dust, heat, humidity and failures manifesting from power surges. A mechanical or electrical breakdown caused by unintentional and accidental damage from handling of the product is also covered. Reasonable attempts will be made to recover any lost data.

What is Not Covered: This plan does not cover fire or theft.

Term of Coverage: Term commences upon your date of purchase and continues for the period indicated on your receipt. Coverage for accidental damage from handling begins on the date you purchase your product. All other coverage begins upon the expiration of the shortest portion of your product’s manufacturer’s warranty.

How it works: If your product fails, call 1-866-RUSH-FIX to process your claim. Unless otherwise noted, customer will be responsible for delivery or the cost of delivery of the product to the service center for repair or replacement. Non-original manufacturer’s parts may be used for repair of the product if original parts are unavailable or may cause a substantial delay in service.

No Lemon Policy: After three (3) service repairs have been completed on an individual product, for the same defect, and that individual product requires a fourth (4) repair, as determined by us, we will replace it with a product of comparable performance, not to exceed the original purchase price. Replacement products may be new or rebuilt to meet the manufacturer’s specifications of the original product at our discretion. Technological advances may result in a replacement product with a lower selling price than the original product. Repairs performed while the product is under the manufacturer’s warranty do not apply. Preventative maintenance checks, cleanings, product diagnosis and customer education are not considered repairs for the purposes of the No Lemon Policy.

Limit of liability: For any single claim, the limit of liability under this Plan is the lesser of the cost of (1) authorized repairs, (2) replacement with a product with similar features, (3) reimbursement for authorized repairs or replacement or (4) the price that you paid for the product. The total liability under this Plan is the purchase price you paid for the product; in the event that the total of all authorized repairs exceeds the purchase price paid for the product or we replace the product with another of equal or greater value, we shall have satisfied all obligations owed under this Plan.

Free transferability: The Plan may be transferred to a subsequent owner of the product at no additional charge. There are no restrictions provided your Plan is valid. To transfer, call 1-866-RUSH-FIX or write to SPTS at 37 NE 167^th Street, N. Miami Beach, FL 33162. Information provided by you must include the Plan number, date of transfer, new owner’s name, complete address and telephone number.

Renewal: The Replacement Plan is not renewable. The Service Plan may be renewed at our discretion.

Deductible: No deductible applies to this Plan

Manufacturer’s Responsibilities: Parts and services covered during the manufacturer’s warranty period are the responsibility of the manufacturer.

WHAT IS NOT COVERED: THIS PLAN DOES NOT COVER: (1) INCIDENTAL OR CONSEQUENTIAL DAMAGES (2) PRE-EXISTING CONDITIONS; (3) DAMAGE FROM ABUSE, MISUSE, INTRODUCTION OF FOREIGN OBJECTS INTO THE PRODUCT, UNAUTHORIZED PRODUCT MODIFICATIONS OR ALTERATIONS, FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS; (4) ACCESSORIES AND SUPPLIES, INCLUDING BUT NOT LIMITED TO: BULBS AND/OR LAMPS, BATTERIES, ANTENNAS, CARTRIDGES, STYLUSES, RECORDS, AUDIO/VIDEO DISKS, TAPES, COMPUTER SOFTWARE OR DISKS, PRINT ELEMENTS, EXTERNAL POWER SUPPLIES; (5) ACTS OF GOD; (6) PREVENTATIVE MAINTENANCE; (7) INHERENT PRODUCT DEFECTS, (8) MULTI-USER ORGANIZATIONS, PUBLIC RENTAL, OR COMMUNAL USE IN MULTI-FAMILY HOUSING; (9) DAMAGE WHICH IS NOT REPORTED WITHIN 30 DAYS AFTER EXPIRATION OF THIS PLAN; (10) LOSS OR DAMAGE TO STORED DATA, REPAIRS RELATED TO INSTALLED SOFTWARE, COMPUTER VIRUSES, CRACKED OR PHYSICALLY DAMAGED SCREENS OR COMPUTER HARDWARE WHICH IS ADDED AFTER THE ORIGINAL PURCHASE; (11) BURNED-IN PHOSPHOR IN CATHODE RAY TUBES OR ANY OTHER TYPE OF DISPLAY; (12) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY SOFTWARE PROGRAMS, DATA, OR CONFIGURATION/SETUP INFORMATION RESIDENT ON ANY MASS STORAGE DEVICES SUCH AS HARD DRIVES, CD-ROM DRIVES, DVD DRIVES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUP SYSTEMS, AS A RESULT OF THE MALFUNCTIONING OR DAMAGE OF AN OPERATING OR NONOPERATING PART, OR AS A RESULT OF ANY REPAIRS OR REPLACEMENT UNDER THIS PLAN; (13) PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (14) LOSS OR CORRUPTION OF DATA AND/OR THE RESTORATION OF SOFTWARE AND OPERATING SYSTEMS; (15) LOSS AND/OR THEFT OF THE PRODUCT; (16) LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS, DOWN-TIME AND CHARGES FOR TIME AND EFFORT; (17) ANY FAILURES, OR PARTS AND/OR LABOR COST INCURRED AS A RESULT OF A MANUFACTURER’S RECALL (18) DAMAGE COVERED UNDER ANY INSURANCE POLICY, OR ANY OTHER WARRANTY OR SERVICE PLAN.

Cancellation: This Plan shall be cancelled by us for fraud or material misrepresentation, including but not limited to commercial or rental use. Unauthorized repair or replacement of covered equipment may result in the cancellation of this Plan by us. In the event of cancellation by us, written notice of cancellation shall be mailed to you not less than sixty (60) days before cancellation is effective. This Plan can be cancelled by you at any time for any reason by mailing or delivering to us notice of cancellation to SPTS at 37 NE 167^th Street, N. Miami Beach, FL 33162. If the Plan is cancelled: (a) within thirty (30) days of the receipt of this Plan, you shall receive a full refund of the price paid for the Plan provided no service has been performed, or (b) after thirty (30) days, you will receive a pro rata refund, less the cost of any service received.