Accidental Damage Plan and Extended Warranty (“ADP and Extended Warranty+”)
How Consumer Rights Affect this Plan
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THE ABOVE MENTIONED PLANS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. NOTHING IN THIS PLAN SHALL PREJUDICE CONSUMER RIGHTS GRANTED BY APPLICABLE MANDATORY LAWS, INCLUDING CONSUMER’S RIGHT TO THE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY PRO TOURNAMENT SCALES OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
1. The Plan. This service contract governs the hardware services and technical support provided to you by Pro Tournament Scales under the above-mentioned plans (each referred to herein as the “Plan”) for the Pro Tournament Scales-branded product and the Pro Tournament Scales-branded accessories contained in its original packaging (“Covered Equipment”) listed on your proof of coverage document (“Plan Confirmation”).
2. When Coverage Begins and Ends.
Coverage begins when you purchase the Plan and ends 3 years from that date. The terms of this Plan, the original sales receipt for your Plan and the Plan Confirmation are each part of your service contract. The price of the Plan is contained in the original sales receipt. The hardware service and technical support coverage provided by the Plan is additional to the coverage provided by the manufacturer’s hardware warranty and complimentary technical support.
3. What is Covered?
3.1 Hardware Service
If during the Coverage Period, you submit a valid claim by notifying Pro Tournament Scales that (i) a defect in materials and workmanship has arisen in the Covered Equipment, or (ii) the capacity of a covered battery to hold an electrical charge is less than eighty percent (80%) of its original specifications, Pro Tournament Scales will either (a) repair the defect at no charge, using new or refurbished parts that are equivalent to new in performance and reliability, or (b) exchange the Covered Equipment with a replacement product that is new or equivalent to new in performance and reliability, and is at least functionally equivalent to the original product. If Pro Tournament Scales exchanges the Covered Equipment, the original product becomes Pro Tournament Scales’s property and the replacement product is your property with coverage for the remaining period of the Plan.
3.2 Covered Equipment
In addition to the Pro Tournament Scales-branded product and accessories contained in the original packaging, “Covered Equipment” includes the following according to your Plan:
(i) any accessorie that was included and priced in the kit at time of purchase.
3.3 Technical Support
During the Coverage Period, Pro Tournament Scales will provide you with access to telephone and web-based technical support resources. Technical support may include assistance with installation, launch, configuration, troubleshooting, and updating; interpreting system error messages; and determining when hardware service is required. Pro Tournament Scales will provide support for the then-current version of the supported software, and the prior Major Release. For purposes of this section, "Major Release" means a significant version of software that is commercially released by Pro Tournament Scales in a release number format such as "1000" or "1100" and which is not in beta or pre-release form. The scope of technical support provided to you will vary according to your Plan.
3.4 Scope of Technical Support
Pro Tournament Scales will provide technical support for the Covered Equipment.
4. What is not Covered?
4.1 Hardware Service. The Plan does not apply to:
(i) Installation, removal or disposal of the Covered Equipment, or the provision of equipment while the Covered Equipment is being serviced;
(ii) Covered Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer;
(iii) Covered Equipment that has been lost or stolen. This Plan only covers Covered Equipment that is returned to Pro Tournament Scales in its entirety;
(iv) Cosmetic damage to the Covered Equipment including but not limited to scratches, dents and broken plastic on ports;
(v) Consumable parts, such as batteries, except in respect of battery coverage or unless failure has occurred due to a defect in materials and workmanship;
(vi) Preventative maintenance on the Covered Equipment; or
(vii) Defects caused by normal wear and tear or otherwise due to normal aging of the product.
4.2 Technical Support. The Plan does not include:
(i) Issues that could be resolved by upgrading software to the then current version;
(ii) Your use of or modification to the Covered Equipment in a manner for which the Covered Equipment or software is not intended to be used or modified;
(iii) Third-party products and software or their effects on or interactions with the Covered Equipment;
(iv) Damage to, or loss of any software or data residing or recorded on the Covered Equipment.
5. How to Obtain Service and Support?
You may obtain hardware services and technical support by accessing the Pro Tournament Scales website (tournamentscales.com/) or calling the telephone number listed below. If calling, an Pro Tournament Scales technical support representative will answer, request your Covered Equipment serial number, before providing assistance.
6. Hardware Service Options
6.1 Pro Tournament Scales will provide hardware services through one or more of the following options:
(i) Carry-in service. Carry-in service is available for most Covered Equipment. Return the Covered Equipment to Pro Tournament Scales retail store. Service will be performed at the location, or the store may send the Covered Equipment to a Pro Tournament Scales repair service location to be serviced. Once you are notified that service is complete, you will promptly retrieve the Covered Equipment.
(ii) Mail-in service. Direct mail-in service is available for most Covered Equipment. If Pro Tournament Scales determines that your Covered Equipment is eligible for mail-in service, Pro Tournament Scales will send you prepaid waybills (and if you no longer have the original packaging, packaging material) and you will ship the Covered Equipment to an Pro Tournament Scales Repair location in accordance with Pro Tournament Scales' instructions. Once service is complete, the Repair location will return the Covered Equipment to you. Pro Tournament Scales will pay for shipping to and from your location if all instructions are followed.
(iv) Express Replacement Service or do-it-yourself (“DIY”) parts service. Express Replacement Service is available for certain Covered Equipment products, and DIY parts service is available for many Covered Equipment parts, allowing you to service your own product. If Express Replacement Service or DIY parts service is available in the circumstances, the following process will apply.
(a) Service where Pro Tournament Scales requires return of the replaced product or part. Pro Tournament Scales may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you are unable to provide credit card authorization, service may not be available to you and Pro Tournament Scales will offer alternative arrangements for service. Pro Tournament Scales will ship a replacement product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced product or part. If you follow the instructions, Pro Tournament Scales will cancel the credit card authorization, so you will not be charged for the product or part and shipping to and from your location. If you fail to return the replaced product or part as instructed or return a replaced product or part that is ineligible for service, Pro Tournament Scales will charge the credit card for the authorized amount.
(b) Service where Pro Tournament Scales does not require return of the replaced product or part. Pro Tournament Scales will ship you free of charge a replacement product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product or part.
(c) Pro Tournament Scales is not responsible for any labor costs you incur relating to Express Replacement Service or DIY parts service. Should you require further assistance, contact Pro Tournament Scales at the telephone number listed below.
6.2 Pro Tournament Scales reserves the right to change the method by which Pro Tournament Scales may provide repair or replacement service to you, and your Covered Equipment’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Covered Equipment cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Pro Tournament Scales may repair or exchange defective products and parts with comparable products and parts that comply with local standards.
7. Your Responsibilities
To receive service or support under the Plan, you agree to comply with the following:
(i) Provide a copy of your Plan’s original proof of purchase, if requested;
(ii) Provide information about the symptoms and causes of the issues with the Covered Equipment;
(iii) Respond to requests for information, including but not limited to the Covered Equipment serial number, model, version of the firmware, any peripherals devices connected or installed on the Covered Equipment, any error messages displayed, actions taken before the Covered Equipment experienced the issue and steps taken to resolve the issue;
(iv) Follow instructions Pro Tournament Scales gives you, including but not limited to refraining from sending Pro Tournament Scales products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions;
(v) Update software to currently published releases prior to seeking service;
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRO TOURNAMENT SCALES AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM PRO TOURNAMENT SCALES' OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF PRO TOURNAMENT SCALES AND ITS EMPLOYEES AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. PRO TOURNAMENT SCALES SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED EQUIPMENT WITHOUT RISK TO OR LOSS OF DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, PRO TOURNAMENT SCALES' LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED EQUIPMENT 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.
9. Cancellation
You may cancel this Plan at any time for any reason. If you decide to cancel this Plan, you may call Pro Tournament Scales at the telephone number below to do so, or you may send or fax written notice with your Plan Agreement Number to Pro Tournament Scales Administration, 2001 N Morton St Franklin, IN 46131. (fax number 317-738-5308). You must send a copy of the Plan’s original proof of purchase with your notice. Unless local law provides otherwise, cancellation refunds will be provided as follows:
i) If you cancel 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 service provided under the Plan.
Unless applicable local law provides otherwise, Pro Tournament Scales may cancel this Plan for fraud or material misrepresentation. Unless applicable local law provides otherwise, Pro Tournament Scales may also cancel this Plan if service parts for the Covered Equipment are not available, upon thirty (30) days prior written notice. If Pro Tournament Scales cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.
Upon the effective date of your early cancellation, Pro Tournament Scales' future obligations under this Plan to you are fully extinguished.
10. Transfer of Plan
(i) With Transfer of Covered Equipment to New Owner. Subject to the restrictions set forth below, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (a) the transfer includes the original Proof of Purchase, the Plan's Confirmation and all of the Plan's packaging material, including printed materials and these Terms and Conditions; (b) the party receiving the Plan accepts the Terms and Conditions of the Plan.
11. General
(i) Pro Tournament Scales may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(ii) Pro Tournament Scales is not responsible for any failures or delays in performing under the Plan that are due to events outside Pro Tournament Scales' reasonable control.
(iii) You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan.
(iv) This Plan is offered and valid only if you are a resident of the fifty states of the United States of America, the District of Columbia, and Canada. This Plan is not offered to persons who have not reached the age of majority. This Plan is not available where prohibited by law.
(v) In carrying out its obligations Pro Tournament Scales may, at its discretion and solely for the purposes of monitoring the quality of Pro Tournament Scales' response, record part or all of the calls between you and Pro Tournament Scales.
(vi) The Plan will not be cancelled due to pre-existing conditions in the Covered Equipment that are eligible for service under this Plan.
Telephone Numbers
In the U.S.: 800-445-5058 In Canada: 317-738-4474 M-F 8:00 A.M. to 5:00 P.M. Eastern Time *
Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date local and international contact information at tournamentscales.com/. Toll-free numbers are not available in all countries.
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