You may find the latest Terms and Conditions documents here. Please select the document that corresponds
to your country.
Thank You for Your recent purchase of the [Gear Guard] coverage (the "Service Contract" or "Contract"). We hope You enjoy the added peace of mind and protection this Contract provides. This document along with Your receipt (paper or e-mail) provided to You as proof of Your product (the "Covered Product") and Contract purchase, which confirms the plan selected by You and the coverage term (the "Purchase Receipt"), which constitutes the entire Service Contract between Us and You. Please keep this Service Contract 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" refer to the party obligated to provide service under this Service Contract as the Service Contract provider, who is Starr Protection Solutions, LLC ("SPS"), except in Florida, Oklahoma, and Washington. In Oklahoma and Washington, the obligor is Starr Underwriting Agency, Inc. (Oklahoma License # 44200902) ("SUA"). SPS and SUA are located at 399 Park Avenue, 3rd Floor, New York, NY 10022, (855) 438-2390. In Florida, the obligor is Starr Indemnity & Liability Company located at 399 Park Avenue, 3rd Floor, New York, NY 10022, (855) 438-2390. The words "You" and "Your" refer to the purchaser of the product covered by this Service Contract. This Service Contract is non-transferable. "Failure" refers to an operational or mechanical breakdown of Your Covered Product that occurs during normal use. This Service Contract is administered by White River Financial Services, L.L.C., 2500 East Kearney Street, Springfield, MO 65898,1-877-920-4400 (the "Administrator"). Please contact the Administrator if You have any questions about this Service Contract.
|
- COVERAGE PLANS:
- REPAIR PLAN:
- WHAT IS COVERED. At Our determination, We will furnish and / or provide for labor, parts, and / or replacement components necessary to repair Your Covered Product when it experiences a Failure. The Covered Product under this Service Contract only includes the Covered 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. This includes coverage for operational Failure, during normal use, due to defects, or pre-existing defects in material and workmanship.
- 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 damages to Your Covered Product resulting from non-Failure covered claims applicable to Your Covered Product, begins on Your Contract purchase date, and continues for the term shown on Your Purchase Receipt. Coverage for a defined Failure under Your Service Contract 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.
- 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.
- ADDITIONAL BENEFITS UNDER THIS SERVICE CONTRACT:
- Two (2) field strip cleanings per year as defined by Your Covered Product's owner's manual and two (2) scope mountings per year during the coverage term.
- Free packing and shipping to manufacturer and / or manufacturer's authorized service center for repairs on in-house service.
- Annual plans run concurrently with the plan purchased (i.e., two (2) years of cleaning for a two (2) year plan, five (5) years of cleaning for a five (5) year plan).
- You must bring in Your Purchase Receipt or proof of coverage for these additional benefits to be utilized.
- TO OBTAIN AUTHORIZATION FOR REPAIR:
Important Notice: In order for a Claim to be considered for coverage under the provisions of this Contract, You have to contact the Administrator first.
In the event the Contract term expires while an approved Claim is in progress, Your coverage will be automatically extended until the date in which the Claim in progress has been fulfilled completely in accordance with the terms and conditions of the Contract.
- You must obtain prior authorization by submitting a claim at [www.mygearguard.com] by calling the Administrator at [1-877-920-4400].
- You must have Your original Covered Product, Purchase Receipt, and this Service Contract available to submit a claim.
- You will be required to answer a series of questions regarding Your Covered Product's damage or Failure in order to obtain authorization.
- Once authorization is obtained, We will arrange for service and We will cover the reasonable parts and labor costs that We authorize. Repair service will be performed during Bass Pro Shops' or Cabela's' store hours, Monday through Friday, excluding holidays. Repair service will be provided, at Our sole discretion, through Our authorized repair centers. You are responsible to provide delivery and pick-up the Covered Product when working with Our stores.
- In the event Your Covered Product experiences damage or Failure outside of store hours, please contact the Administrator at [1-877-920-4400] and leave a message with Your name and phone number. The Administrator will contact You to discuss Your claim. THIS SERVICE CONTRACT DOES NOT COVER EMERGENCY REPAIRS.
-
SERVICE CONTRACT HOLDER'S RESPONSIBILITY: It is Your responsibility to follow the manufacturer's specifications for the use and care/maintenance of the Covered Product. You will 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.
- The Covered Product must be dropped off and picked up by the original purchaser that filled out the ATF Form 4473.
- You must provide government issued photo identification at the time of drop off and pick up of the Covered Product.
- At time of pickup You may be required to comply with any additional state and federal requirements including permitting, waiting period, etc.
- Should the Covered Product be deemed non-repairable and replaced You must complete a new ATF Form 4473, background check, and comply with any state and federal required permitting or waiting period requirements.
- We will not accept Covered Products that have been modified from the originally configured "ATF type".
- We will not accept Covered Products, or magazines that are loaded / jammed with live ammunition and cannot be verified cleared.
- No live ammunition may be returned with the Covered Product.
-
PARTS: We may, at Our option and discretion, repair 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.
-
IMPORTANT NOTE: Repairs recommended by a repair facility that are not necessitated by a Failure are not covered, unless specifically authorized by the Administrator. 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. Notwithstanding other requested information contained within this Service Contract, the model number, serial number, and original date of purchase of all Covered Products must be provided in order to obtain authorization for service. If You request a service for a non-covered or non-approved repair, You will be responsible for all costs associated with the repair. In the event You are unable to meet the servicer at the appointed date and time, You must call to cancel the appointment in advance of the agreed upon time of service. If Your Covered Product is found to be performing to the manufacturer's specifications, it will be returned to You.
-
DEDUCTIBLE: No deductible applies to this Service Contract.
-
LIMITATIONS OF COVERAGE - THIS SERVICE CONTRACT DOES NOT COVER:
- Any product located outside the United States.
- Pre-Existing conditions incurred prior to the effective date of coverage and known to You ("Pre-Existing" 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).
- 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 Administrator.
- 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; fire; flood; wind; freezing; unusual atmospheric conditions; acts of war; or acts of God.
- 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.
- Any utilization of the Covered Product that is inconsistent with either its original design or the way the manufacturer originally intended the Covered 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.
- 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.
- 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.
- Covered Products used commercially or in a commercial setting.
- Cosmetic damage and/or other damage that does not affect the Covered Product's functionality; such as, but not limited to: scratches; dents; rust; stains; squeaking or other noises.
- Modifications to the Covered Product, other than the addition of a scope or other accessories intended for use with the Covered Product.
- 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.
- 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 Covered Product is at the authorized service center or otherwise awaiting parts are not covered.
- Liability or damage to property, or injury, or death to any person arising out of the operation, maintenance, or use of the Covered Product.
- 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 Administrator.
- 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.
- Loss or damage as a result of violation of existing federal, state, and municipal codes; including repairs to Covered Products not complying with said codes.
- Products in which the attached serial plate has been removed, defaced, or made illegible.
- Any incident in which a "no Failure found" (or similar) diagnosis is made by Us or Our representative.
- Transit or delivery damage, damage caused by packing, unpacking, assembly, installation, or removal made by You or Your representative.
- 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.
- Notwithstanding any provision to the contrary, this Service Contract 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.
- LIMITATION OF LIABILITY: IN NO EVENT SHALL WE, THE ADMINISTRATOR, THE DEALER / RETAILER, THEIR AGENTS, CONTRACTORS, OR LICENSEES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME. RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY COVERED 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.
- DISCLAIMER OF DAMAGES: YOUR RIGHTS AND REMEDIES UNDER THIS SERVICE CONTRACT ARE LIMITED TO THE ITEMS DESCRIBED ABOVE. UNDER NO CIRCUMSTANCES WILL WE, THE ADMINISTRATOR, THE DEALER / RETAILER, THEIR AGENTS, CONTRACTORS, OR LICENSEES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; BODILY INJURY OR DAMAGE RESULTING FROM USE OR MISUSE OF A FIREARM; CIVIL OR CRIMINAL DAMAGES OR PENALTIES RESULTING FROM UNAUTHORIZED USE OR POSSESSION OF A FIREARM; DAMAGE RESULTING FROM UNAUTHORIZED REPAIRS OR MODIFICATIONS; OR DAMAGE RESULTING FROM ACTS OF GOD. THIS PLAN IS NOT A POLICY OF INSURANCE OR A WARRANTY, AND NONE OF THE TERMS IN THIS PLAN MAY BE CONSTRUED AS PROVIDING AN EXPRESS OR IMPLIED WARRANTY.
- CANCELLATION AND REFUND: Any refund may be credited to any outstanding balance of Your account and the excess, if any, returned to You. NO CANCELLATION FEES APPLY.
- 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. To arrange for cancellation of this plan, please contact Your seller.
- 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, the You will receive a refund based upon the same criteria as outlined above.
- 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.
- RESOLUTION OF DISPUTES: Most disputes or disagreements between You and Us arising under this Service Contract can be resolved quickly by contacting the Administrator in writing at the address listed above. The parties will attempt to resolve any dispute arising out of or related to these program terms through good faith negotiation. The following clause applies to the maximum extent permitted by the 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 the United States. 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 State where You purchased Your Covered Product.
- INSURED AGREEMENT: THIS IS NOT AN INSURANCE POLICY; IT IS A SERVICE CONTRACT. We have obtained an insurance policy to insure Our performance under this Service Contract. Should We fail to pay any Claim or fail to repair or replace the product covered under this Service Contract within sixty (60) days after the Claim has been submitted, or in the event You cancel this Service Contract, and We fail to refund any unearned portion of the Service Contract price, You are entitled to make a direct Claim against the insurer, Starr Indemnity & Liability Company located at 399 Park Avenue, 3rd Floor, New York, NY 10022, (855) 438-2390.
- 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.
- MANUFACTURER'S WARRANTY: This Service Contract does not replace or change the terms and conditions of the Covered Product's original manufacturer's warranty.
If You have any questions, require customer service, or wish to report a claim, please visit: [www.mygearguard.com], or contact the Administrator at 2500 East Kearney Street, Springfield, MO 65898, 1-877-920-4400.
SPECIAL STATE DISCLOSURES:
Regulation of service plans may vary from state to state. Any provision(s) within this Contract, which conflict with the laws of the state where You purchased this Contract, shall automatically be modified to conform with the applicable laws and regulations of such state. The following state specific requirements apply if Your Service Contract was purchased in one of the following states and supersede any other provision within Your Service Contract terms and conditions to the contrary.
UTAH The language in CANCELLATION AND REFUND section regarding Our rights to cancel this Contract is deleted and replaced with: We may cancel this Service Contract by providing You with thirty (30) days written notice for the following reasons only: material misrepresentation, substantial change in the risk assumed or substantial breaches of contractual duties. We may cancel this Service Contract by providing You with ten (10) days written notice if the reason for cancellation is non-payment by You. All references to the denial of coverage or exclusion from coverage for pre-existing conditions shall not apply in cases where such conditions were known, or should reasonably have been known, by Us or the dealer. The following sentences are added to the end of the RESOLUTION OF DISPUTES SECTION: ANY MATTER IN DISPUTE BETWEEN YOU AND US MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF (THE AMERICAN ARBITRATION ASSOCIATION OR OTHER RECOGNIZED ARBITRATOR), A COPY OF WHICH IS AVAILABLE ON REQUEST FROM THE COMPANY. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY'S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION. If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to Starr Indemnity & Liability Company, who insures the Administrator's obligations under this Service Contract, located at 399 Park Avenue, 3rd Floor, New York, NY 10022, (855) 438-2390. Coverage afforded under this Service Contract is not guaranteed by the Property and Casualty Guaranty Association. This Service Contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.
|