By selecting any "Breakage Protection" option for any product, you agree to accept these terms and conditions ("Terms") for our Breakage Protection plan ("Breakage Protection").
The Terms constitute the entire agreement between you and Gobblin Sales Inc. ("AndrewsHeadShop") relating to our Breakage Protection Plan. Please note that your use of the Andrewsheadshop.com website is also governed by our Terms of Use and Privacy Policy as well as all other applicable terms, conditions, limitations and requirements on the Andrewsheadshop.com website, all of which (as changed over time) are incorporated into these terms.
Please also review the Order Summary or purchase receipt provided to You at the time You purchased your Breakage Protection Plan. The Order Summary defines the Covered Item, Coverage Amount Maximum (item price) and the Coverage Term of your Protection Plan.
1. DEFINITIONS:
"We", "Us" and "Our" shall mean the obligor of this Breakage Protection Plan, Gobblin Sales inc You may reach Us at 347-506-1417.
The following terms are used in the Order Summary
Breakage Protection Plan: To indicate both the length of coverage and if an item is eligible
Item Price: The dollar ($) amount of your coverage and protection plan
2. Waiting Period:
There is a waiting period of thirty (30) days per coverage year, between the Protection Plan purchase date and the Coverage Start Date, during which if any issues occur, they are considered pre-existing conditions and render the item ineligible for coverage under this Protection Plan. A Waiting Period applies to Protection Plans purchased for refurbished items. Any applicable Waiting Period does not affect Your coverage under any manufacturer's warranty. If during the Waiting Period a pre-existing condition renders the item ineligible for coverage We will cancel Your Protection Plan and provide You with a full refund of the Protection Plan Price.
3. COVERAGES AND TERMS:
The years of coverage, will vary from one (1) to two (2) year(s), starting on the Coverage Start Date which begins after any Waiting Period. The full length of coverage will include the waiting period and the coverage will end exactly twelve (12) months from the purchase of the covered item, subject to earlier termination pursuant to the terms of this Plan. The Protection Plan is inclusive of any US manufacturer's warranty that may exist during the Coverage Term. It does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. The Term of this Protection Plan is extended for the duration of any time that the item is being repaired under this Protection Plan. This Protection Plan will cover any accidental damage of the Covered Product(s) in subsections A, B, and C below during normal usage for the Term of this Protection Plan. This Protection Plan is inclusive of any manufacturer's warranty that may exist during the Coverage Term. It does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. Replacement parts will be new, rebuilt or non-original manufacturer's parts that perform to the factory specifications of the product at Our sole option.
This Protection Plan does not cover repair or replacement of Your Product for any of the causes or provide coverage for any losses set forth below in Section 9, "WHAT IS NOT COVERED." Specific details about Your coverage under this Protection Plan are provided in the Order Summary.
This Protection Plan provides coverage for parts and labor costs to repair or replace Your Product one (1) time where the problem is the result of a failure of sufficient performance caused by:
A. Accidental damage from usage handling (ADUH), such as damage from drops, chips, cracks, and fractures associated with the handling and use of Your Product of the mouth piece, main chambers, or base if the coverage has been offered and purchased at the time of sale with your Protection Plan;
B. Shattering of the main chamber or base as a result of dropping;
C. Defects in materials or workmanship;
At our discretion If your product can not be repaired or is out of stock, we may find you a replacement product of similar design of equal value to replace it or reimburse you with store credit one (1) time.
Coverage will terminate either at the end of your protection plan or when you have received a replacement or repaired item or reimbursement of the cost of the replacement, whichever occurs first. You may be required to return your original item, submit photos of the damage and accident site, and/or provide a written and signed affidavit or statement of Your account of the accident.
ADUH does not provide protection against theft, loss, reckless, or abusive conduct associated with handling and use of the product, normal wear and tare, damage as a result of failure to clean regularly and perform preventive maintenance, cosmetic damage and/or other damage that does not affect unit functionality, or damage caused during shipment between Us, You, and/or Our service providers.
4. WHAT TO DO IF A COVERED PRODUCT REQUIRES SERVICE:
Email us at support@andrewsheadshop.com, call us at 929-265-2039, or use any method found on our contact us page and explain the problem. We will attempt to troubleshoot the problem You are experiencing. If We cannot resolve the problem, we will initiate a replacement or repair.
5. HOW WE WILL SERVICE YOUR PRODUCT:
Depending on the Product and failure circumstances, at Our discretion, We will either:
Repair Your Product, or;
A. Provide a cash settlement in store credit or a Gift Card reflecting the replacement cost of a new product of equal features and functionality up to the Coverage Amount, or;
B. Replace Your Product with a product of like, kind, quality and functionality. The cost of the replacement will not exceed Your Product's original purchase price.
6. PLACE OF SERVICE:
At Our discretion, large items will receive drop-off service. Within ten (10) business days of determining Your Product requires drop-off service, We will assign You an authorized service center and arrange to repair or replace the Product at the center during normal business hours. If We fail to have an authorized service center assigned within ten (10) business days, We will continue to service Your Product. Drop-off service may occasionally necessitate the authorized service center to hold the Product at their center to complete repairs.
For shippable items, You will be responsible for safe packaging and shipment of Your Product. If, upon inspection, Your Product is determined to have experienced a failure which is covered by Your Protection Plan, We will service Your Product, in accordance with Section 5, "HOW WE WILL SERVICE YOUR PRODUCT", within ten (10) days of our authorized service center's receipt of Your Product. If We fail to repair, payout or replace the Product within ten (10) business days of receiving it, We will continue to service Your Product and the cost of Your Protection Plan will be refunded to You at Your request. If the authorized service center determines Your Product is not covered by Your Protection Plan, We will return Your Product to You or dispose of it at Your request.
7. LIMIT OF LIABILITY:
The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Protection Plan shall not exceed the Coverage Amount excluding the cost of the protection plan. In the event that We make payments for repairs, shipments, or replacements, which in the aggregate, are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of equal features and functionality, then We will have no further obligations under this Protection Plan.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR ETC RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
8. YOUR RESPONSIBILITIES:
A. Provide Us with a complete copy of proof of purchase. You can send Us a digital copy through email and We can store it for You, or You can provide such proof of purchase at time You make a claim.
B. Purchase a Breakage Protection Plan for Your Product based on condition, quantity, price, or purchase location.
C. Properly maintain, clean, store and use Your Product according to the manufacturer instructions and reasonable general practices.
9. WHAT IS NOT COVERED:
A. Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Protection Plan;
B. Intentional damage;
C. Lost, stolen, or irretrievable items;
D. Any product that is fraudulently described or materially misrepresented;
E. Any product purchased outside of the US or territories;
F. Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the product in accordance with the manufacturer's specifications and reasonable general practices, including, but not limited to, exposure to weather conditions, rust, corrosion, failure to properly clean, maintain or lubricate, operator negligence, misuse, abuse, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes), or any other peril originating from outside the product;
G. Normal wear and tear which does not result in a covered failure;
H. Cases wherein the manufacturer acknowledges the existence of a valid manufacturer's warranty and denies a claim against the manufacturer's warranty;
I. Damage covered under any insurance policy, any other warranty or any other service contract;
J. Claims made under any improperly or incorrectly purchased Protection Plan;
K. Cosmetic damage to any non-operating parts or components which does not affect the functionality or the covered product;
L. Consumer replaceable or consumable items such as but not limited to a stem or bowl.
M. Accessories used in conjunction with the Covered Product.
N. Product(s) with removed or altered serial numbers;
O. Manufacturer defects or equipment failure which is covered by manufacturer's warranty, manufacturer's recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);
P. Failures related to shipping damage, cleaning, preventive maintenance, "No Problem Found" diagnosis, intermittent and non-intermittent issues that are not product failures;
Q. Stains, clogs, water marks or rings by consumable beverages, smoke or other materials deemed by Us to be caustic;
10. LIMIT OF SERVICE CLAIMS:
Your Covered Product is only eligible to a service claim in accordance with Section 5, "HOW WE WILL SERVICE YOUR PRODUCT", one (1) time. Once a claim has been made We will have no further obligations under this Protection Plan.
11. CANCELLATION AND REFUNDS:
Your purchase of this Protection Plan is non-refundable. We may cancel this Protection Plan at Our option on the basis of an item return, fraud, or material misrepresentation by You. You must have an RMA number(#) for an item return as defined in our return policy. If this Protection Plan was inadvertently sold to You on a product which was not intended to be covered by this Protection Plan, We will cancel this Protection Plan and return the full purchase price of the Protection Plan to You. Notice, which includes the effective date of cancellation and reason for cancellation, will be e-mailed to You at time of cancellation.
12. ARBITRATION:
Any controversy or claim arising out of or relating to this Protection Plan, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Under this Arbitration provision, We both give up the right to resolve any controversy or claim arising out of or relating to this Protection Plan by a judge and/or a jury. Prior to filing any arbitration, We jointly agree to seek to resolve any dispute between us by mediation conducted by the AAA, with all mediator fees and expenses paid by Us. If You are successful in obtaining an arbitration award against us greater than $1000, We agree to pay all arbitrator fees and expenses.
We also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations against each other. The laws of the state of New York (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Protection Plan and all transactions contemplated by this Protection Plan, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Protection Plan. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration.