Home Medical Equipment Protection Program

Terms and Conditions

The Administrator of this Home Medical Equipment Protection Plan (hereinafter this "Plan"), Consumer Priority Service, Inc., located at 3101 Emmons Avenue, Brooklyn, New York 11235 (hereinafter "Administrator", "Us", or "Our"), agrees to provide the purchaser of this Plan (hereinafter "Owner", "You" or "Your") service for the product(s) covered under this Plan that experience a mechanical breakdown, due to manufacturer's defects in materials and workmanship, power surge, and normal wear and tear that are the result of normal usage for a period selected by the Owner. This Plan pays for parts and labor for functional parts. Functional parts are those component parts that are critical to the performance of the product's essential function. Administrator will repair or replace the product, or any parts thereof, as required, subject to the terms and conditions of this Plan. Administrator is not obligated to renew this Plan; however, if renewal coverage is offered, the price quoted will reflect current service costs and the age of the covered product. A large print version of this Plan can be obtained at no charge by contacting us at support@medguardplans.com.

This Plan applies exclusively to products located in single-family dwellings, individual condominium/apartment units, townhouses, and/or modular home(s), located in the United States, that the Owner resides in at the time of their purchase of this Plan.

General Conditions

Along with the wording of original equipment manufacturers' written warranty, the following terms and conditions will apply:

• This Plan coverage is provided for the eligible product referenced on your sales receipt, purchased contemporaneously with this Plan.
• Coverage begins on the 31st day after purchase of this Plan and continues for the period indicated on Your sales receipt. All claims placed within 30 days from the date of purchase of Your Plan will be excluded from coverage.
• This Plan is inclusive of the manufacturer's warranty; it does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. After the manufacturer's warranty expires, this Plan continues to provide some of the manufacturer's benefits as well as certain additional benefits listed within this Plan's terms and conditions.
• If the covered product covered under this Plan has been deemed too large to be shipped to an authorized repair facility by the Administrator and the original product manufacturer provides in-home service during their coverage period, this Plan will provide in-home service at time of claim.
• Administrator reserves the right to repair or replace the covered product with a comparable feature model of like kind and quality. Administrator reserves the sole right to determine, according to the terms and conditions of the Plan, whether a covered item will be repaired or replaced (except where a replacement only plan has been purchased).
• Administrator is not responsible for matching any feature of an existing item that does not contribute to the primary function of that item.
• Product replacement under this Plan will fulfill this Plan, with regard to the covered product. Once a replacement/settlement has been provided, there shall be no further obligations under this Plan for said product.
• If no defect is found (no fault found) or service cannot be approved based on the terms and conditions of this Plan, Owner shall be responsible for service costs incurred.
• Administrator, at its sole discretion, shall offer a replacement option of like kind and function or a monetary settlement equal to the current market value ("CMV") of the covered product as determined by the Administrator.
• If service under the Plan is provided on-site at Your location, a person who has reached the legal age (18 years old) must be present at all times during the service call.
• If a covered product is damaged by a power surge, coverage under this Plan will apply, excluding software or data, provided proof that an approved power surge protector was in use at the time of damage and any additional conditions included herein.

Registration

While registration is not required, we encourage You to register the Plan within 30 days of Your Plan purchase date. To register Your Plan, visit client.cpscentral.com/registerwarranty and click the "Register" button. If You prefer to register by telephone with a representative, please call (888) 851-5083. If You choose not to register this Plan and experience a failure that requires service, You may be asked to provide proof of purchase of the product, prior to receiving claims services.

Transferability

This Plan is not transferable to a subsequent owner.

Cancellation

Owner may cancel this Plan at any time for any reason within thirty (30) days of the original purchase date of the Plan and receive a full refund. Administrator may cancel this Plan for reasons, including but not limited to, misuse of the product, unauthorized modifications to the product, non-residential or commercial use of the product. In the event of cancellation by Administrator (except for non-payment), Administrator will provide the Plan owner with a pro-rata refund. All service costs incurred during Plan ownership shall be fully deducted from the pro-rated refund amount. In the event that the service costs under Plan ownership exceed the pro-rated refund amount, no refund shall be issued.

To Arrange for Service

For prompt service please use Our online claim submission portal at client.cpscentral.com/login or call (888) 851-5083. Please have Your Plan information available so that Our customer service representative can assist You in scheduling proper authorized service for Your covered product.

Service Reimbursements

You may obtain and submit estimates of repair to Administrator for review and approval. All submitted estimates must receive prior approval from Administrator before service has been performed in order to qualify for reimbursement under this Plan. Please call (888) 851-5083 for assistance. Failure to properly follow this procedure may delay or cause denial of Your reimbursement request.

Service Call Fees

There is no service call fee required to obtain replacement and/or service for Your covered product except for the following equipment: electric wheelchairs, mobility scooters and other power operated vehicles (POVs). A service fee of $125.00 ("Service Call Fee") will be required to obtain service for electric wheelchairs, mobility scooters and other power operated vehicles (POVs) under this Plan. With specific regard to electric wheelchairs, mobility scooters and other power operated vehicles (POVs), You will be required to pay the Service Call Fee for each service request submitted. No service shall be authorized by Administrator prior to collection of the Service Call Fee. If your estimate for reimbursement has been approved but the Service Call Fee has not yet been collected, the Service Call Fee will be deducted from the approved reimbursement amount. If Your covered product requires additional service related to a previous repair performed under the Plan within 30 days after completion, You will not be responsible for paying an additional Service Call Fee.

Limit of Liability

For any single claim, the limit of liability under this Plan is the least of the cost of (1) authorized repairs, (2) replacement with a product of like kind and quality that performs to the factory specifications of the original product, (3) reimbursement for authorized repairs or replacement of Your product, or (4) the price that the Owner paid for the product (excluding sales tax and any delivery charges). The total liability under this Plan is the purchase price You paid for the product, excluding sales tax and any delivery charges; in the event that the total of all repairs exceeds the purchase price You paid for the product, excluding sales tax and any delivery charges, or we reimburse You for a product with another product, we shall have satisfied all of Our obligations under this Plan. Coverage under this Plan will terminate if, and when total repair cost(s) for the covered product equals or exceeds the CMV for that product as determined by Administrator.

• Administrator, Obligor and/or Insurer shall not be held responsible or liable for any violations of federal, state and local laws, regulations or guidelines prior to the beginning of the contract term and will not perform repairs or replacements that violate any current federal, state and local laws, regulations or guidelines.
• Administrator, Obligor and/or Insurer shall not be held responsible or liable for secondary, incidental, and/or consequential loss or damage resulting from the malfunction of any covered item, including, but not limited to loss of income, utility bills, additional living expenses, personal and/or property damage.
• Administrator, Obligor and/or Insurer shall not be held responsible or liable for any delay in service or failure to provide service caused by conditions beyond Administrator, Obligor and/or Insurer's control such as weather.

Binding Arbitration

This Agreement will be governed by, and construed in accordance with, the internal laws of the State of New York, without giving effect to the principles of conflicts of law that would require the application of the laws of any other jurisdiction. Any legal action, suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall only be instituted, heard, and adjudicated (excluding appeals) only in a state or federal court located in New York, and each party hereto knowingly, voluntarily, and intentionally waives any objection which such party may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and irrevocably submits to the exclusive personal jurisdiction of any such court in any such action, suit or proceeding. Service of process in connection with any such action, suit or proceeding may be served on each party hereto anywhere in the world by the same methods as are specified for the giving of notices under this Agreement.

General Exclusions: All Products

The following are expressly excluded from coverage under this Plan:

• Failures resulting from misuse, abuse, user induced damage, rust or corrosion, mistreatment, including but not limited to, removal of parts and damage by people, pests, or pets, spilled liquids (except for Mobile Electronics and NIV Devices) or foreign objects found inside the equipment; repair of damage or food loss caused by accident, theft, fire, flood, external causes such as, but not limited to, blown fuses, inadequate electrical power, water and gas lines beyond the equipment, plugged drains, or any use of the product not authorized by the manufacturer.
• Deterioration of the appearance of the product, any cosmetic part or finish defects such as paint, porcelain, glass or plastic, dents, scratches, chips, breakage, loss, rust or peeling (except as specifically set forth in the Assistive Furniture coverage section).
• Any damage resulting from unauthorized replacement parts, improper service or modifications made to the covered product(s) including firmware or software.
• Consumables such as batteries, light bulbs, fuses, filters, tires or any other components with a pre-determined life expectancy or otherwise designed to diminish over time.
• Losses occurring during the manufacturer's warranty period and any loss due to failure to follow the manufacturer's recommended maintenance, specifications, or operating instructions during the term of this Plan.
• Any loss resulting from collision with another object or any damage while the product is in transit.
• Costs and damages related to installation and/or reinstallation of products.
• Any losses resulting from manufacturer's recall or rework, regardless of the manufacturer's ability to pay for such repairs.
• Any repair, replacement, installation, or modification of any component or part thereof, that has been, or is, determined to be defective by the Consumer Product Safety Commission or for which a manufacturer has issued, or issues, a warning, recall, or determination of defect.
• Product upgrades, or repairs or replacements required: when the malfunction is due to missing components, parts or equipment; when the malfunction is due to lack of capacity in the existing system or equipment; or to comply with any federal, state, or local laws, regulations or ordinances, utility regulations, or building or zoning code requirements, except as otherwise specified in this contract.

Appeal Protocol

If at any time a dispute arises between Owner and Administrator on claim adjudication, Owner has full rights under this policy to file an appeal through Administrator by emailing appeals@cpscentral.com and requesting an appeal form. Administrator will review and respond to all appeals within 48 business hours. Administrator will make reasonable efforts to resolve appeals amicably within the confines of the terms and conditions stated herein.

Eligible Product Coverage

Products in the following categories are eligible for coverage under this Plan: Eyewear, Hearing Aides; Wheelchairs (Power and Manual); Assistive Furniture; Mobility Scooters; Chairlifts; Noninvasive Ventilation (NIV) Devices; Electric Blankets; Glucose Monitors; Pill Dispensers; Insulin Pumps; Cholesterol Monitors; Oxygen Machines; Dental Instruments; Handheld Massagers; Medical Alert Buttons; Air Purifiers; and Humidifiers.

Electronics Conditions

• To be eligible for coverage under this Plan all electronic products must be in good working order at the time of Plan purchase.
• If after service is performed, it is determined that the cause of the problem was software related, including but not limited to, errors resulting from improperly functioning or defective software, computer viruses, or any problems related to customized or proprietary software, peripheral equipment, internet access or USB devices, Owner shall be responsible for all costs incurred.
• Repair or replacement of Your product will apply toward the aggregate claim limit under the Plan Limits of Liability.

Electronics Exclusions

The following are expressly excluded from coverage under this Plan:

• Replacement of consumables such as batteries, light bulbs, fuses, filters, print ribbons, print heads including non-removable print heads, toner cartridges, drums, or any other products with a pre-determined life expectancy or otherwise designed to diminish over time.
• Charges incurred for set up or installation, reformatting of hard drives, system and software configuration or data recovery or transfer.
• Data loss or hard drive recovery.
• Burn-in damage to displays or monitors.
• Gross misuse, neglect, and intentional physical damage.

Assistive Furniture Coverage

Assistive Furniture is defined as lift chairs, overbed tables, adjustable beds, hip chairs, and recliners used to assist individuals with various physical conditions. With regard to Assistive Furniture, this Plan also includes the following enhanced coverages and terms:

• Structure of wood and metal furniture; structural defects to frames, cases, seat and back construction; dovetail construction; shelving and legs such as warpage, frame breakage or separation of frame components; separation of joints and welds; hinges and mechanisms to include all moving parts and metal hardware.
• Finishes to solid wood veneered or plastic laminated furniture; lifting, cracking, peeling, or scaling of solid woods, laminated finishes, and veneer; minor heat marks up to one inch in length.
• Fabric or vinyl upholstered furniture; seam separation and slippage; loss of latex backing to fabrics and vinyl; rips or tears; excessive loss of foam, latex and spring resiliency of backs and cushions.
• Frames, including structural defects, warping, cracking, and breaking to frames and legs.
• Leather upholstered furniture; seam separation, slippage or early wear-through in leather, cracking, lifting and peeling; minor heat marks up to one inch in length.
• Stain coverage: stains caused from beverages, food, human bodily fluids; mold; and mildew. We will repair the product or reimburse You with a gift card for authorized repairs or replacement of the product, at Our discretion, when required due to a breakdown.

Assistive Furniture Coverage Conditions

• On-site service is provided for the full term of this Plan.
• You may be required to send a picture of the covered breakdown prior to on-site service being performed, at Our discretion.
• Non-original manufacturer's parts may be used for repair of the product if the manufacturer's parts are unavailable or more costly.
• At Our sole discretion, we may require that You return the covered product to Us as a condition to receiving a replacement product.
• We shall be responsible for the delivery or cost of the delivery of the covered product to Us for replacement.

Assistive Furniture Exclusions

The following are expressly excluded from Assistive Furniture coverage under this Plan:

• Assistive furniture located outside or in screen rooms where the furniture may be directly or indirectly exposed to the elements.
• Burns and heat marks longer than one inch.
• Glass contained in/on furniture, including but not limited to, tabletops and cabinet doors.
• Stains caused by the delivery process of the covered item and as a result of acid, body oils, caustic solutions, dye, paint, suntan oils, bleach, nail polish remover, nail polish, ink, cosmetics, wax, odors.
• Products subject to commercial use, public rental, or communal use in multi-family housing or multi-user organizations.

Accidental Damage From Handling Coverage

This Plan includes Accidental Damage From Handling Coverage for Mobile Electronics (defined below) as well as NIV Devices (defined below), which shall cover certain damages resulting from unintentional impacts and liquid spills. Mobile Electronics are defined as those products that require batteries either internal or external and are intended to be portable. NIV Devices are defined as CPAP, APAP, BiPAP, and ASV devices.

Accidental Damage From Handling Conditions

Accidental Damage From Handling Coverage is provided for new Mobile Electronics and NIV Devices, that are in good working condition at the time of Plan purchase.

Accidental Damage From Handling Exclusions

The following are expressly excluded from Accidental Damage From Handling coverage under this Plan:

• Products that have been lost or stolen.
• Intentional damage.
• Fire damage.
• Saltwater damage.
• Products used in a way the manufacturer never intended.
• Damage incurred by natural disasters (i.e., hurricanes, tornadoes, earthquakes, fires, etc.).
• Damage that is incurred by an animal or pet (i.e., dog chewing).
• Mobility devices including but not limited to manual wheelchairs, electric wheelchairs, mobility scooters, any power operated vehicles (POVs) and other equipment designed to aid the movement of individuals with various physical conditions.

Insurance

The Administrator of this Plan is Consumer Priority Service, Inc., located at 3101 Emmons Ave Brooklyn NY, 11235. Obligations of this Plan are guaranteed under a Contractual Liability Insurance Policy issued by Plateau Casualty Insurance Company. Should the Administrator fail to pay or provide service on a claim, including claims related to the return of unearned portion of the premium, within sixty (60) days after proof of loss has been filed, the contract holder is entitled to make a claim directly against the service contract reimbursement insurance company, Plateau Casualty Insurance Company, located at 2701 N. Main St. Crossville, TN 38555 (888) 398-3632. The obligor of this Plan is MHHC Warranty and Service Inc. (MHHC), located at 400 Union ST SE Olympia, WA 98501 (800) 743-7480.

State Specific Information