reTEK 1 Year Service Contract

Terms & Conditions
This Plan is an agreement between Simutek, Inc. (Simutek) and the Purchaser. Simutek will perform any, and all, service work. Determination of service coverage is at Simutek’s sole discretion.
Please keep this document in a safe place along with the sales receipt Purchaser received when Purchaser purchased the product. The sales receipt may be required at the time of service. It will serve as a valuable reference guide and will help Purchaser determine what is covered by the Plan.
PRODUCT ELIGIBILITY
The protection offered under this Plan covers products purchased as refurbished by Simutek (herein reTEK) and manufactured for use in the United States. In order to be eligible for a Plan, the refurbished warranty must provide at least 30 days parts and labor coverage. This Plan covers mechanical and electrical failures that would normally be covered by the original manufacturer’s written warranty, unless otherwise stated in the Exclusions from Coverage section of this document. Accessories and/or add-on options purchased separately and not essential to the basic function of the covered product are not eligible for coverage. There is no deductible under this Plan.
The Plan term begins on the date of product purchase. This Plan will furnish replacement parts and/or labor necessary to restore Purchaser’s covered product to standard manufacturer’s operating condition. If service is required because of a product failure during normal usage, Simutek has the option to repair the defective product, replace it with a product of equal or similar features and functionality, though not necessarily the same brand, or issue a refund for the purchase price of the product. A replacement part or product may be new or refurbished.
Technological advances may result in a replacement product with a lower selling price than the original product. No refunds will be made based on the replacement product cost difference. The most Simutek will pay on any single repair to Purchaser’s covered product, or its’ replacement, is the price Purchaser paid for the original product, excluding taxes. If Simutek replaces the covered product in its entirety, Simutek’s maximum liability has been met under this contract and there will no longer be coverage under the terms of this contract. Replacement products will include a minimum 30-day warranty and Simutek has the option to offer an additional extended service contract on the replacement product. If the covered product is not repairable, and a replacement product is not available, Simutek will refund up to the product purchase price, excluding taxes, and this contract will be fulfilled and all obligations satisfied. Should repair parts become unavailable because a manufacturer has gone out of business, or if a manufacturer no longer provides product support, and all parts sources have been exhausted during the coverage period of this Plan, Simutek shall be excused from performance hereunder and Purchaser shall receive a full refund of the purchase price paid by Purchaser for the Plan less claims paid, if any. Replacement products may be new or rebuilt products. In no event shall Simutek be liable for any damages as a result of the unavailability of repair parts. In no event shall the obligation to administer claims extend beyond the term of coverage commencing upon the date of product purchase. Purchaser may be required to ship or deliver the defective product prior to receiving reimbursement or a replacement product. Simutek will own all parts removed from repaired products or complete units replaced in their entirety. If it is determined the problem is not covered under the terms of the Plan or there is a “no problem found” diagnosis, Purchaser will be responsible for any related charges to the service center. Failure to pay any such related charges will result in termination of any further coverage under the Plan.
Limit of Liability: For any single claim, the limit of liability under this Plan is the lesser of (1) cost of authorized repairs, (2) cost of product replacement with a product with comparable performance, (3) cost of reimbursement for repairs or replacement authorized in advance by Simutek or (4) the price that Purchaser originally paid for the product. UNDER NO CIRCUMSTANCES SHALL SIMUTEK’S LIABILITY UNDER THIS PLAN EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT COVERED. In the event that the total of any and all authorized repairs and other coverage (e.g. surge protection reimbursement, rental reimbursement, etc.) exceeds the purchase price paid for the product, or Simutek replace the product, Simutek shall have satisfied all of Simutek’s obligations under this Plan.
No Lemon Guarantee — If the Covered Product has three service repairs completed, and a fourth such repair is required, as determined by Simutek, within any twelve (12) month period, the Covered Product will be replaced with a product of like kind and quality. The cost of the replacement will not exceed the original product purchase price and may be less due to technological advances. Simutek reserves the right to issue a voucher for the original purchase price. Once a covered product is replaced, then this contract is considered fulfilled and coverage ends. Preventative maintenance checks, manufacturer or service recalls, cleaning, product diagnosis, customer education, accessory repairs/replacements, computer software related problems, and any unauthorized repairs done outside of Simutek are not considered repairs for the purposes of this No Lemon Guarantee.

IF PURCHASER PRODUCT NEEDS REPAIR
Carry-In Service: Purchaser Plan provides for carry-in service at Simutek. In the event Purchaser covered product needs repair, call 520-321-9077 to arrange service. While most products can be repaired locally, some products, due to their sensitive, technical nature, require the controlled environment of a factory authorized service center; therefore, a local repair facility may not be available. Purchaser is responsible for transporting Purchaser product to the designated service center. The product may be carried into or shipped (postage pre-paid and insured) to the designated service center. The product will be returned to Purchaser at no additional cost, if an authorized service is performed. Simutek will not be liable for freight charges or damage due to improper packaging. If Purchaser product is covered under another valid service contract and/or insurance policy, this Plan will provide coverage over and above the other service contract and/or insurance policy. While Simutek tries to complete service as quickly as possible, Simutek is not responsible for delays caused by factors beyond Simutek’s control, including but not limited to manufacturer’s delays, parts availability, shipment to/from a service facility, shipping delays, or acts of God.
EXCLUSIONS FROM COVERAGE
The Plan does not cover any loss, repairs or damage caused by or resulting from: pre-existing conditions incurred or known to Purchaser (pre-existing means a condition that within all reasonable mechanical probability relates to the mechanical fitness of Purchaser covered merchandise prior to Plan issuance); improper packaging and/or transportation damage during shipment to a service center or relocation of the covered equipment; installation, removal, reinstallation or improper installation of components, upgrades, attachments or peripherals; damage or other equipment failure due to causes beyond Simutek’s control such as environmental conditions, exposure to weather conditions or acts of nature including, but not limited to: fire, floods, smoke, sand, dirt, lightning, moisture or water damage, freezes, storms, wind or windstorm, hail, earthquake, etc.; damage or failure caused by riot, nuclear radiation, war or hostile action, radioactive contamination, etc.; battery failure or leakage; collision with another object, collapse, explosion, liquid spillage of any kind by any owner, employee, third party, repair personnel, etc., unless covered under a service plan which specifically includes any of the defined causes; interruption of electrical service; neglect, negligence, misuse, abuse, intentional physical/mechanical/electronic damage or malicious mischief, theft or mysterious disappearance, vandalism, rust, corrosion, warping, bending, animal or insect infestation, etc. to the covered product or any component; accidental damage, including physical/mechanical/electronic damage cause by dropping; damage, warping, bending or rusting of any kind to the housing, cabinetry, outside casing or frame of the product or any non-operating part, including but not limited to plastic, or decorative parts such as hinges, glass, etc.; loss of or repair to any components within the product not originally covered by the manufacturer’s warranty or are considered expendable or consumer replaceable items and are designed to be consumed during the life of the covered product such as but not limited to, lamps, bulbs, tubes, filters, batteries, cords, wiring, cables, fuses, keypads, switches, connectors, toner, ribbons, belts, gaskets, or any other parts or materials which are designed to be consumed during the life of the covered product; improper installation of customer replaceable components, modules, parts or peripherals and/or installation of incorrect parts; failure to product attachments not included in the original sale; repairs for cosmetic damage or imperfections or to structural items when they do not impact operational performance of the covered product; non-failure problems including but not limited to noises, squeaks, etc.; operational errors on the part of the consumer (e.g.removal, installation, reinstallation, unauthorized repairs, etc., of any internal component or covered product including but not limited to adjustments, manipulation or modifications made by anyone other than an authorized service technician; loss of power, improper use of electrical/power, power “brown-out”, power overload or power surge; any resultant malfunction or damage of or to an operating part of the covered product from failure to provide manufacturer’s recommended maintenance or operation/storage of the covered product in conditions outside manufacturer specifications or use of a covered product in such a manner as would void coverage under the manufacturer’s warranty or that are used in a manner inconsistent with the design of the equipment or manufacturer instructions or specifications; normal periodic or preventative maintenance, user education, set up adjustments; cleanings or any repair covered by a manufacturer warranty or other insurance; software and software related problems; damage resulting from computer malware and viruses; any damage to recording media including any program, data or setup resident on any mass storage devices including but not limited to hard drives, CD-ROM devices, floppy diskettes, flash drives or backups as a result of the malfunction of or damage to an operating part of the covered product; signal reception or transmission problems resulting from external causes.
Other exclusions include, but are not limited to: covered products subject to a manufacturer recall or rework to repair design or component deficiencies, improper construction, manufacturer error, etc. regardless of the manufacturer’s ability to pay for such repairs; unauthorized modifications and adjustments, alterations, manipulation or repair made by anyone other than an authorized service technician; covered products with removed or altered serial numbers; consequential damages or delay in rendering service under this Plan, or loss of use or data during the period the covered product is at an authorized repair facility or otherwise awaiting parts; personal computer monitor screen imperfections including burned-in images caused by video games, prolonged display of one or more video signals, unit abuse or for any other reason; repair of LCD resolution/failure, pixel burnout or other image failure not in accordance with the manufacturer’s specifications and/or minimum display standards; all products and/or components that are used in applications that require continuous business and/or commercial operation, or are used for commercial, industrial, educational or public use purposes or offered on a rental basis; equipment sold without a manufacturer’s warranty or “as is”. This plan does not cover the cost of removal or disposal of this product in order to comply with EPA disposal requirements. Purchaser is responsible for backing up all software and data on a regular basis and prior to commencement of any repair. This Plan does not cover restoration of software or data, or data retrieval to Purchaser covered product. If Purchaser covered product experiences a failure or damage that is excluded from coverage under this Section or in the event of a repair incident wherein there is a “no problem found” diagnosis from the manufacturer or a manufacturer-authorized repair source, then Purchaser is responsible for all repair costs including shipping costs and/or the cost of on-site service.
DISCLAIMER OF CERTAIN LIABILITIES
Under no circumstances shall Simutek be liable for indirect, consequential, or incidental damages (including damages for lost profits, business interruption, loss of data, and the like), even if any party has been advised of the possibility of such damages. This Plan will not cover any defects that are subject to a manufacturer’s program of reimbursement. This Plan is not a warranty or insurance policy; it is a Service Contract. This Plan is not intended to create or limit any implied warranties concerning Purchaser product, which may or may not exist under applicable law.
SIMUTEK’S RIGHT TO RECOVER PAYMENT
If Purchaser has a right to recover against another party for anything Simutek has paid under the Plan, Purchaser rights shall become Simutek’s rights. Purchaser shall do whatever is necessary to enable us to enforce these rights. Simutek shall recover only the excess after Purchaser is fully compensated for Purchaser loss.
CANCELLATION
This Plan provides a 30-day free look period from the purchase date of the Plan. Purchaser may cancel this Plan by informing Simutek of Purchaser cancellation request within 30 days of the purchase of the Plan and Purchaser will receive a 100% refund of the full purchase price of the Plan. If Purchaser cancellation request is made more than 30 days from the date of purchase, Purchaser will receive a pro-rata refund of the Plan purchase price, less the cost of repairs made (if any), and less an administrative fee not to exceed the cost of the contract or $25.00, whichever is less; or the state law for cancellation that apply to residents requesting cancellation.
If Simutek cancels this Plan, Simutek must provide Purchaser with a written notice at least 15 days prior to cancellation at Purchaser’s last known address, with the effective date for the cancellation and the reason for cancellation. Return of the premium is based upon 100% of the unearned pro-rata premium.
Arizona only: CANCELLATION – Purchaser may cancel this service contract at any time prior to the expiration date by sending written notice to Simutek. Purchaser will receive a pro-rata refund, less a $25.00 administrative fee for cancellation of the service contract. However, no claims incurred or paid will be subtracted from this refund. EXCLUSIONS – Simutek shall not provide coverage only for those specifically listed items in the Exclusions section. “Pre-existing conditions” is deleted and replaced with: conditions that were caused by Purchaser or known by Purchaser prior to purchasing this Plan.