Service Contract Comprehensive Coverage

• Replacement Plan
• Repair Plan

Thank You for Your recent purchase of the Gear Guard coverage (the "Service Contract", "Contract"). We hope You enjoy the added peace of mind and protection this Contract provides. This document along with the receipt document (paper or e-mail) provided to You as proof of Your product and Contract purchase, that confirms the Plan selected by You, any additional benefits, and the coverage term (the "Purchase Receipt"), constitutes the entire Service Contract between Us and You. Please keep this document along with your original Purchase Receipt, as You will need them to verify Your coverage at the time of Claim.

Throughout this Service Contract, the words "We", "Us" and "Our" means the retailer named on the Purchase Receipt (either Cabela's B.C. Retail Holdings ULC or its sister company Bass Pro Shops Canada ULC) and obligated to provide service under this Service Contract as the service contract provider and the party who will administer the Service Contract ("Retailer"). Retailer is located at [25 De Baets St, Winnipeg, Manitoba R2J 4G5], [1-877-920-4400]. Please contact the Retailer if You have any questions about this Service Contract. The words "You" and "Your" refer to the purchaser of the product covered by this Service Contract or to the person to whom this Service Contract was properly transferred. "Failure" refers to an operational or mechanical breakdown to Your covered product that occurs during normal use.

1. COVERAGE PLANS:
   1. REPLACEMENT PLAN:
      1. WHAT IS COVERED. At Our determination, when Your covered product experiences a Failure, You will receive reimbursement for replacement of Your product in the form of a gift card equal to the original purchase price paid by You for Your covered product; excluding any sales tax.
      2. TERM OF COVERAGE. The term for a Replacement Plan will begin upon date of purchase of this Service Contract, as shown on Your Purchase Receipt. Coverage under a Replacement Plan for a defined Failure will begin after a SIXTY (60) DAY WAITING PERIOD, from day 61 through the end of the term specified on Your Purchase Receipt. For any product replacement requests during the first 60 days, please contact Retailer.
      3. LIMIT OF LIABILITY. The maximum liability owed to You under the Replacement Plan will not exceed the original purchase price paid by You for Your covered product; excluding any sales tax. Replacement of Your product will have satisfied all obligations owed to You and coverage will then no longer be available under this Service Contract. The Replacement Plan does not cover trip, labour, or shipping charges.
   2. REPAIR PLAN:
      1. WHAT IS COVERED. At Our determination, We will furnish labour, parts, and/or replacement components (or pay for same) necessary to repair Your covered product when it experiences a Failure. The covered product under this Service Contract only includes the product as it was originally configured and paid for under this Service Contract, and coverage includes only the parts that are necessary to the functionality of the covered product.
      2. TERM OF COVERAGE. The term for a Repair Plan will begin upon date of purchase of this Service Contract, as shown on Your Purchase Receipt. Coverage for a defined Failure under a Repair Plan will begin after the expiration of the covered product's original manufacturer's warranty, and will extend through the end of the term specified on Your Purchase Receipt.
      3. LIMIT OF LIABILITY. The maximum liability owed to You under the Repair Plan will not exceed the original purchase price paid by You for Your covered product; excluding any sales tax. We, at Our sole discretion, will determine if (a) replacement of Your product with a product with equivalent specifications, (b) reimbursement for the current market value of the product with equivalent specifications, or (c) reimbursement for the retail value of the product as of the product purchase date, less Claims made, minus sales tax, will be made in lieu of service repairs. Replacement of Your product will have satisfied all obligations owed to You and coverage will then no longer be available under this Service Contract.
2. NO LEMON GUARANTEE: During the term of this Service Contract, when three (3) service repairs, with three (3) separate Claim numbers, have been completed on the same component, and that same component requires a fourth (4th) repair, as determined by Us, Your product will be replaced according to the terms in the Limit of Liability section. This does not include repairs necessary during the manufacturer's warranty period or previous service contract terms.
3. TO OBTAIN AUTHORIZATION FOR REPAIR OR REPLACEMENT:
   Important Notice: In order for a Claim to be considered for coverage under the provisions of this Contract, You have to contact the Retailer first. Contact is available 24/7. In the event the Contract Term expires during time of an approved Claim, Your coverage will be automatically extended until the date on which the Claim in progress has been fulfilled completely in accordance with the terms and conditions of the Contract.
   
   1. You must obtain prior authorization by submitting a Claim at www.mygearguard.com or by calling the Retailer at 1-877-920-4400.
   2. You must have Your original covered product and Purchase Receipt available to submit a Claim.
   3. You will be required to answer a series of questions regarding the product's Failure in order to obtain authorization.
   4. Once authorization is obtained:
      1. For Replacement Plans: You will be required to return the product using a prepaid shipping label provided by the Retailer. At Our determination, You will receive reimbursement in the form of a gift card up to the original purchase price paid by You for Your covered product; excluding any sales tax. At Your request, non-covered products will be returned to You at Your cost.
      2. For Repair Plans: We will arrange for service and We will cover the reasonable parts and labour costs that We authorize. Repair service will be performed during the hours of [8:00 a.m. to 5:00 p.m.] local time Monday through Friday, excluding holidays. Repair service will be provided, at Our sole discretion, either through an authorized carry-in repair facility, an in-home repair service visit, or mail-in to Our depot repair facility. If carry-in service is required, You will be required to transport Your product to an authorized repair facility. If mail-in depot repair service is required, We will cover the cost of shipping Your product to and from the depot repair facility.
4. SERVICE CONTRACT HOLDER'S RESPONSIBILITY: It is the responsibility of the Service Contract holder to follow the manufacturer's specifications for the use and care/maintenance of the covered product. You are responsible for creating back-ups of all Your data and software on a regular basis. You may be asked to provide Your Purchase Receipt as a condition for receiving service under this Service Contract. Your original Purchase Receipt should be kept with this Service Contract in a safe place.
5. RENEWABILITY & TRANSFERABILITY: If You wish to transfer or renew coverage under this Service Contract, please contact the Retailer toll free [1-877-920-4400], prior to the expiration of Your current term. Information provided by you must include the Service Contract number, proof of purchase, new owner's name, complete address, and telephone number. Renewability and/or Transferability is determined at Our sole discretion and may not be available. Neither You, the Retailer, nor We are obligated to renew this Service Contract beyond its original term.
6. PARTS: We may, at Our option and discretion, repair, replace or exchange Your covered product with an equivalent product of equal kind and quality, that is new or refurbished. Non-original manufacturers' parts may be used if original equipment manufacturer parts are unavailable. Repair services may also be performed by subcontractors authorized by Us, but We shall not be relieved of Our obligations to You when doing so.
7. IMPORTANT NOTE: Repairs recommended by a repair facility that are not necessitated by a Failure are not covered, unless specifically authorized by the Retailer. We reserve the right to inspect the items to be covered, or the items covered, as the case may be, prior to coverage or during the term of this Service Contract. Model number, serial number and original date of purchase of all products to be covered must be provided to execute authorization for service. If You request a service call for a non-covered repair, You will be responsible for all costs associated with the repair. In the event You are unable to meet the servicer, You must call to cancel the appointment in advance of the agreed upon time of service. If the product is found to be performing to the manufacturer's specifications, it will be returned to You.
8. DEDUCTIBLE: No deductible applies to this Service Contract.
9. LIMITATIONS OF COVERAGE - THIS SERVICE CONTRACT DOES NOT COVER:
   1. Any covered product located outside British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland, Yukon, the Northwest Territories or Nunavut.
   2. Preexisting conditions incurred prior to the effective date of coverage and known to You (Preexisting means a condition in existence prior to the issuance of this Service Contract that within all reasonable functional, mechanical, or electrical probability relates to the overall fitness of Your covered product).
   3. Service required as a result of any unauthorized alteration of the covered product; repairs made by anyone other than a service provider authorized by the Retailer.
   4. Damage or other failure to the covered product due to causes beyond Our control; including, but not limited to: necessary repairs due to operator negligence; failure to maintain the covered product according to the owner's manual instructions; misuse or abuse; vandalism; theft; mysterious disappearance; viruses; fire; flood; wind; freezing; power failure; short circuits; inadequate power supply; unusual atmospheric conditions; acts of war; or acts of God.
   5. Necessary service due to improper storage, improper ventilation, reconfiguration of covered product, or movement of covered product; including the failure to place the covered product in an area that complies with the manufacturer's published space or environmental requirements.
   6. Any utilization of the covered product that is inconsistent with either its original design or the way the manufacturer originally intended the product to be used; negligence; reckless, abusive, willful or intentional conduct associated with handling or use of the covered product; or the use of supplies with the covered product other than those recommended by the manufacturer.
   7. Any part or accessory which is not necessary to the functionality of the covered product; such as those which are used in conjunction with or to enhance the performance of the covered product.
   8. Periodic checkups or preventative maintenance.
   9. Any coverage that would have otherwise been provided under the manufacturer's warranty, regardless of manufacturer's ability to pay for such repairs, including any and all cases in which the manufacturer of the covered product would not honor any warranty regarding the covered product.
   10. Covered products used commercially or in a commercial setting, rentals.
   11. Cosmetic damage and/or other damage that does not affect the product's functionality; such as, but not limited to: scratches; dents; rust; stains; squeaking or other noises.
   12. Nonfunctional parts; such as, but not limited to: plastics; finishes; knobs; or dials.
   13. Expendable or lost items; such as, but not limited to: ear buds or head phones.
   14. Consumable Items; defined as any part that is considered consumable by the manufacturer and/or any item that is designed to be consumed (wear out) during the life of the covered product; regardless if it is consumer replaceable or not. For covered products that are considered to be consumer electronics, Consumable Items particularly include light bulbs, lamps, filters, and batteries.
   15. In-warranty parts not provided or shipped by the manufacturer; operational or mechanical failure covered by manufacturer's recall or factory bulletins, regardless of manufacturer's ability to pay for such repairs, or whether or not the manufacturer is doing business as an ongoing enterprise.
   16. Consequential damages as a result of malfunctioning of or damage to an operating part of the covered product, or damages as a result of any repairs or replacements under this Service Contract. Damages caused by delays in rendering service or loss of use during the period that the product is at the authorized service center or otherwise awaiting parts are not covered.
   17. Liability or damage to property, or injury, or death to any person arising out of the operation, maintenance or use of the covered product.
   18. Operational or mechanical failure that is not reported within thirty (30) days of failure onset, or prior to the expiration of this Service Contract. Any Claim for service or replacement that was not prior authorized by the Retailer.
   19. Products sold without a manufacturer's warranty or sold "as is", or new products with less than thirty (30) days left on the original manufacturer's warranty.
   20. Loss or damage as a result of violation of existing federal, provincial or any local municipal codes; including repairs to products not complying with said codes.
   21. Products in which the attached serial plate has been removed, defaced or made illegible.
   22. Any incident in which a "no failure found" (or similar) diagnosis is made by Us or Our representative. Additional shipping charges may need to be paid by You if a second "no failure found" diagnosis is determined based on the same problem.
   23. Transit or delivery damage, damage caused by packing, unpacking, assembly, installation, or removal made by You or Your representative.
   24. De-installation and/or removal of defective equipment and reinstallation of replaced equipment, or adjustments and/or repairs required because of conditions at Your location.
   25. Any food loss due to product failure.
   26. Notwithstanding any provision to the contrary, this Service Agreement excludes any loss, damage, liability, expense, fines, penalties or any other amount directly or indirectly caused by, in connection with, or in any way involving or arising out of any of the following- including any fear or threat thereof, whether actual or perceived: Any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not); Or Coronavirus (COVID-19) including any mutation or variation thereof; Or Pandemic or Epidemic, as declared as such by the World Health Organization or any Governmental Authority.
10. LIMITATION OF LIABILITY: IN NO EVENT SHALL WE, THE RETAILER, OUR AGENTS, CONTRACTORS OR LICENSEES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY PRODUCT OR FROM DELAYS IN SERVICING OR THE INABILITY TO RENDER SERVICE ON ANY COVERED PRODUCT. EXCLUSION IS MADE OF ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES MADE HEREIN.
11. CANCELLATION AND REFUND: Any refund may be credited to any outstanding balance of Your contract and the excess, if any, returned to You. NO CANCELLATION FEES APPLY.
    1. You may cancel this Service Contract at any time for any reason. If You cancel this Service Contract within sixty (60) days of the date purchased, You will receive a refund of the full purchase price of this Service Contract, minus any Claims paid. If You cancel this Service Contract thereafter, You will be refunded the remaining days of coverage on a pro rata basis, minus any Claims paid. If Your refund is not paid or credited within thirty (30) days after Your cancellation request to Us, We will add an extra 10% to Your due refund for every thirty (30) days the refund is not paid by Us.
    2. We may only cancel this Service Contract for the following reasons: non-payment, material misrepresentation by You; or a substantial breach of duties under this Service Contract by You in relation to the covered product or its use. If We cancel this Contract, We will provide written notice to You at least thirty (30) days prior to the effective date of cancellation. Such notice will be sent to Your current address in Our file (email or physical address as applicable), with the reason for and effective date of such cancellation. If We cancel this Contract, You will receive a refund based upon the same criteria as outlined above.
12. RIGHT TO RECOVER FROM OTHERS: If We make any payment under this Service Contract and You have a right to recover against another party, Your rights shall become Our rights. You shall do whatever is reasonably necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.
13. DISPUTE RESOLUTION: Most disputes or disagreements between You and Us arising under this Service Contract can be resolved quickly by contacting the Retailer in writing at the address noted. The parties will attempt to resolve any dispute arising out of or related to these Contract terms through good faith negotiation. The following clause applies to the maximum extent permitted by applicable law. In the unlikely event We are unable to resolve a dispute We have with You after attempting to do so informally, You and We agree to resolve such disputes through final and binding arbitration in accordance with the rules of the Judicial Arbitration and Mediation Services "JAMS" in Canada. Each party will bear its own costs in arbitration, provided that We reserve the right, in Our discretion, to prepay certain fees You may incur in connection with the arbitration subject to refund if You do not prevail. Both parties waive their rights to a jury trial. Unless We and You agree otherwise, any arbitration hearings will take place in the Province or Territory where You purchased Your product.
14. SERVICE CONTRACT: THIS IS NOT AN INSURANCE POLICY; IT IS A SERVICE CONTRACT.
15. ENTIRE CONTRACT: This document along with the Purchase Receipt constitutes the entire Service Contract between Us and You. No representation, promise or condition herein shall modify these terms.
16. MANUFACTURER'S WARRANTY: This Service Contract does not replace or change the terms and conditions of the covered product's original manufacturer's warranty.
17. PROVINCE OR TERRITORY VARIATIONS: The following province or territory variations exist: In Alberta or Saskatchewan, no contract may be sold on products over $1,499.99 CAD.