This Agreement (the “Agreement”) sets forth the Purchase Terms and Conditions (“Purchase Terms”) between you (hereinafter referred to as “You”, “Your” and/or “Subscriber”) and Hearing Assist II, LLC (hereinafter referred to as “Company”, “We”, or “Us”).
IMPORTANT NOTICE: Hearing aids from Hearing Assist II, LLC are Class 1 Hearing Aid devices under FDA Regulations per 21 C.F.R. Sec 874.3300. For mild to moderate hearing loss. Not suitable for anyone under 18 years of age. As with all medical issues, please consult a physician prior to use or if you have any questions. Individual results will vary, read all instructions/disclosures before use. IMPORTANT MEDICAL INFORMATION: Hearing loss may be a symptom of a more serious medical condition or the result of excessive wax build-up. A physician can treat these conditions. If you have not already done so, consult your doctor to rule out any of these medical concerns. If you have, or think you may have, any of the following conditions, we recommend consulting a doctor before purchasing any hearing aid: • Visible deformity of the ear • Fluid or drainage from the ear during the last 90 days • Sudden, rapidly progressing, or fluctuating hearing loss • Spells of acute or chronic dizziness • Hearing loss only on one side that has worsened during the last 90 days • Ear canal blockage, a lasting ear infection, or a plugged up fullness feeling • Excessive wax buildup or a history of excessive wax buildup • Pain or discomfort in the ear • Ringing in one or both ears within the last 90 days.
PURCHASE TERMS: By selecting an available option, completing the order form and paying the associated fee (“Fee”), You are making a purchase (“Purchase”). When You Purchase, You are agreeing to abide by the terms of this Agreement and represent and warrant that You (i) are at least 18 years of age, (ii) are legally able to enter into this Agreement with Company, and (iii) understand that the hearing aids provided under this Agreement are not intended for use by anyone under age 18. If You do not agree with the foregoing, You may not Purchase and must return hearing aid(s) (“Device”) and all associated ancillary parts and materials (collectively “Equipment”) to Us. This Agreement is deemed to be received by You and is effective on the date on which You Purchase (“Effective Date”) and continues until terminated by either party.
All prices listed are U.S. Dollars (“USD”). Sales tax will be added to all orders with a Virginia shipping address. A standard shipping and handling fee will be assessed on all orders. Expedited shipping may be available for an additional cost. THE STANDARD SHIPPING AND HANDING FEE IS NON-REFUNDABLE. THE EXPEDITED SHIPPING FEE, IF SELECTED, IS ALSO NON-REFUNDABLE. Acceptable forms of payment include debit or credit cards with the Visa, MasterCard, American Express, or Discover logo (“Credit Card”), or check or money order (“Conventional Payment Method”). By providing your account information at checkout, you authorize Us to charge Your Credit Card for the full amount due at checkout if you select our single payment option. If you opt for our easy payment plan, you authorize Us to charge the initial payment to your Credit Card upon checkout, followed by five easy payments, billed to your Credit Card every thirty (30) days thereafter. Although your Credit Card may not actually be charged until your shipment is processed, funds will be reserved against Your account for up to thirty (30) days as a result of our authorization. If your card is being declined and you have verified that you have entered your information correctly, please contact your bank directly to resolve issues such as these; your bank cannot provide Us with information about why your payment declined. Another alternative is to select a different payment method. You agree to timely payment of all charges in accordance with your cardholder agreement with the card issuer. It is Your responsibility to report any billing discrepancies to Us within sixty (60) days after such discrepancy appears on your statement. If Conventional Payment, full purchase price must be remitted before order will be processed. Make check or money order payable to Hearing Assist II, LLC and mail to PO Box 2259, Virginia Beach, VA 23450-2259. NOTE: DO NOT RETURN PRODUCT TO THIS ADDRESS. FOR RETURN INFORMATION, FIRST CALL 800.640.9785.
REFUND POLICY: We greatly value Our relationships with Our customers. IF YOU ARE NOT COMPLETELY SATISFIED WITH YOUR PURCHASE, YOU MAY RETURN EQUIPMENT TO US AT YOUR EXPENSE WITHIN SIXTY (60) DAYS OF DELIVERY, COMPLETE, IN GOOD CONDITION AND PROPER WORKING ORDER, FOR A DIFFERENT MODEL OR REFUND. DELIVERY IS DEFINED AS THE DATE THE PRODUCT IS DELIVERED TO THE SHIP TO ADDRESS PROVIDED TO US AT TIME OF ORDER, PER THE DELIVERY CONFIRMATION OF THE CARRIER (USPS, UPS, FEDEX, OR OTHER CARRIER) WITH WHOM WE CONTRACT TO SHIP YOUR PACKAGE. YOUR REFUND, MINUS THE SHIPPING & HANDLING FEE, AND THE EXPEDITED SHIPPING FEE IF APPLICABLE, will be issued via a credit to the account used for payment if Credit Card, or by company check if Conventional Payment Method.
DELIVERY: Your order will ship via USPS, FedEx, UPS, or other carrier. Please allow four (4) to six (6) weeks for delivery, though in most cases, your order will be delivered within seven (7) to fourteen (14) days. You do not need to be present to accept delivery of your package. We are not responsible for delays in making delivery or failure to make delivery due to causes beyond our control including, but not limited to, acts of regulations of any governmental authority, fire, work stoppages or slowdowns, accident, flood, war, national emergency, acts of God, public disorder, transportation shortages or delays, and shortages of fuel or materials.
RETURNS: IN ORDER FOR YOUR RETURN TO BE ACCEPTED, YOU MUST FIRST CALL OUR RETURNS DEPARTMENT, TOLL-FREE, AT 800.640.9785 FOR A RETURN AUTHORIZATION NUMBER (“RA NUMBER”) AND FURTHER INSTRUCTIONS OR YOUR RETURN WILL BE REJECTED. YOU ARE RESPONSIBLE FOR YOUR OWN RETURN SHIPPING COSTS. WE HIGHLY RECOMMEND THAT YOU OBTAIN TRACKING AND INSURANCE FOR THE REPLACEMENT COST OF THE PRODUCT(S) THAT YOU ARE RETURNING AS WE ARE NOT RESPONSIBLE FOR LOST, LATE OR MISDIRECTED MAIL OR FOR PACKAGES THAT ARE DAMAGED IN TRANSIT. IF YOU DO NOT TRACK AND/OR INSURE YOUR RETURN PACKAGE, YOU ACCEPT SOLE RESPONSIBILITY FOR THE CONSEQUENCES IF YOUR PACKAGE IS LOST OR DAMAGED IN TRANSIT. WE WILL NOT ISSUE A REFUND OR REPLACEMENT UNTIL YOUR RETURN IS RECEIVED AT OUR WAREHOUSE AND ITS CONTENTS VERIFIED. IF YOUR RETURNED PACKAGE IS DAMAGED IN TRANSIT AND/OR IS MISSING PARTS UPON RECEIPT AT OUR WAREHOUSE, THE REPLACEMENT COST WILL BE WITHHELD FROM YOUR REFUND IF YOU ARE CANCELING YOUR ORDER AND RETURNING FOR A REFUND, OR YOU WILL BE HELD RESPONSIBLE FOR THE REPLACEMENT COST. FAILURE TO COMPLY WITH THESE RETURN INSTRUCTIONS MAY CAUSE A DELAY IN THE PROCESSING OF YOUR RETURN AND REFUND IF APPLICABLE.
REFUNDS: There is typically a delay between the time your returned package is delivered by the carrier/scanned into our system and the time the contents are verified by our warehouse and your refund is processed. If all return instructions are followed (see “RETURNS”) and a refund is due, please expect up to four (4) weeks after your package is delivered to our warehouse to allow us time to receive, inspect, and verify your return and complete your refund request. In most cases however, your refund will be processed more quickly. IN THE EVENT YOU HAVE NOT RECEIVED YOUR REFUND WITHIN THE TIME FRAME AS INDICATED ABOVE, PLEASE CALL 800.640.9785 AS WE ARE BETTER ABLE THAN YOUR BANK TO TRACK YOUR REFUND AND CAN MORE QUICKLY RESOLVE ANY ISSUES.
SERVICE, REPAIR, REPLACEMENT: After your sixty (60) day trial period has expired, the cost of any equipment service, repairs, replacement parts, and/or battery replacement service is solely Your responsibility unless the equipment is still under manufacturer’s warranty and we deem it to be a manufacturer defect in our sole discretion or covered under a product Protection Plan (“Contract”) available separately from Us (select the Protection Plan option at checkout or call 800.640.9785 for more information or to order). For warranty or protection plan service, call 800.640.9785 for instructions.
IMPORTANT LEGAL NOTICES Important Notice for Prospective Hearing Aid Users: Good health practice requires that a person with a hearing loss have a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. Licensed physicians who specialize in diseases of the ear are often referred to as otolaryngologists, otologists or otorhinolaryngologists. The purpose of medical evaluation is to assure that all medically treatable conditions that may affect hearing are identified and treated before the hearing aid is purchased. Following the medical evaluation, the physician will give you a written statement that states that your hearing loss has been medically evaluated and that you may be considered a candidate for a hearing aid. The physician will refer you to an audiologist or a hearing aid dispenser, as appropriate, for a hearing aid evaluation. The audiologist or hearing aid dispenser will conduct a hearing aid evaluation to assess your ability to hear with and without a hearing aid. The hearing aid evaluation will enable the audiologist or dispenser to select and fit a hearing aid to your individual needs. If you have reservations about your ability to adapt to amplification, you should inquire about the availability of a trial-rental or purchase-option program. Many hearing aid dispensers now offer programs that permit you to wear a hearing aid for a period of time for a nominal fee after which you may decide if you want to purchase the hearing aid. A hearing aid dispenser should advise a prospective hearing aid user to consult promptly with a licensed physician (preferably an ear specialist) before dispensing a hearing aid if the hearing aid dispenser determines through inquiry, actual observation, or review of any other available information concerning the prospective user, that the prospective user has any of the following conditions: • Visible congenital or traumatic deformity of the ear. • History of active drainage from the ear within the previous 90 days. • History of sudden or rapidly progressive hearing loss within the previous 90 days. • Acute or chronic dizziness. • Unilateral hearing loss of sudden or recent onset within the previous 90 days. • Audiometric air-bone gap equal to or greater than 15 decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz. • Visible evidence of significant cerumen accumulation or a foreign body in the ear canal. • Pain or discomfort in the ear • Hearing Aids are not designed to restore normal hearing and will not prevent or improve a hearing impairment resulting from organic conditions. • In most cases, infrequent use of a hearing aid does not permit a user to attain full benefit from it. • The use of a hearing aid is only part of hearing habilitation and may need to be supplemented by auditory training and instruction in lip reading. • Do not attempt to use a hearing aid in a method not instructed within the accompanying manual. • Our hearing aids are not suitable for use by anyone under age 18. • Keep hearing aid out of reach of infants, children and pets as it may cause a choking or ingestion hazard. • Keep hearing aid away from moisture, direct sunlight, humidity, dust and heat such as a vehicle glove compartment, hair dryer, tanning bed, heat lamp, windowsill, etc. Store in its case, at room temperature, when not in use. • Do not wear hearing aid while sleeping, participating in vigorous exercise or other physical activity, showering/bathing, washing your hair, swimming, or engaging in any other activity during which hearing aid may get wet. • It is recommended that you do not wear hearing aid during any activity that calls for the use of hearing protection. • Due to the radio frequency interference caused by digital cell phones, you may not be able to use any hearing aid with a mobile phone. If, while wearing Device, you experience buzzing or other noises when using your cell phone, we recommend that you refrain from using this Device with a mobile phone or other devices that emit radio waves. • Avoid using hairspray or other hair care products while wearing hearing aid. • BATTERY INGESTION – Hearing aid contains a small rechargeable battery that if ingested may get lodged in the esophagus where it can cause severe burns, perforation of the esophagus, stricture formation and occasionally death. While most button cells pass through the body and are eliminated in the stool, an x-ray must be obtained immediately to ensure that the battery has gone through the esophagus into the stomach. If anyone swallows a battery you, your physician or emergency room staff should immediately call the National Button Battery Ingestion Hotline at 202.625.3333. The hotline is operated 24-hours a day, 7 days a week. DO NOT GIVE IPECAC. CHILDREN WITH HEARING LOSS - In addition to seeing a physician for a medical evaluation, a child with a hearing loss should be directed to an audiologist for evaluation and rehabilitation since hearing loss may cause problems in language development and the educational and social growth of a child.
ARBITRATION OF DISPUTES OUR COMPANY GREATLY VALUES ITS RELATIONSHIPS WITH ITS CUSTOMERS. WE REALIZE THAT NO MATTER HOW HARD WE MAY TRY, AN OCCASIONAL BREAKDOWN IN THE RELATIONSHIP MAY OCCUR. THE PURPOSE OF ARBITRATION IS TO HELP AVOID THE TIME, EXPENSE AND EMOTIONS ASSOCIATED WITH DRAGGING OUR PROBLEMS THROUGH THE LITIGATION SYSTEM. IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE TERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN VIRGINIA BEACH, VIRGINIA OR IN THE COUNTY IN WHICH THE CONSUMER RESIDES, IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA FOR AGREEMENTS TO BE MADE IN AND TO BE PERFORMED IN VIRGINIA. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, HEARING ASSIST AND YOU HEREBY CONSENT TO THE RESOLUTION BY BINDING ARBITRATION OF ALL CLAIMS OR CONTROVERSIES FOR WHICH A FEDERAL OR STATE COURT WOULD BE AUTHORIZED TO GRANT RELIEF. THE PARTIES AGREE, THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND AN ARBITRATOR SHALL BE SELECTED BY THE JAMS. THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT AND SHALL COMPLY WITH THE JAMS CODE OF ETHICS. THE ARBITRATOR SHALL ISSUE A WRITTEN AWARD, SETTING FORTH THE AWARD AND BASIS THEREFORE. THE AWARD SHALL BE FINAL AND BINDING UPON THE PARTIES. THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY TYPE OF RELIEF THAT WOULD BE AVAILABLE IN COURT OF COMPETENT JURISDICTION. IN ADDITION, THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ORDER ANY PARTY FOUND TO HAVE PRESENTED ANY CLAIM OR DEFENSE WITHOUT SUBSTANTIAL JUSTIFICATION TO PAY THE OTHER PARTY’S ATTORNEY’S FEES AND COSTS. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE INJURED PARTY MAY PETITION THE CIRCUIT COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. REPRESENTATION: EACH PARTY MAY BE, BUT NEED NOT BE, REPRESENTED BY AN ATTORNEY AT ANY ARBITRATION COVERED BY THIS AGREEMENT. ALLOCATION OF FEES AND COSTS: THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION, UNSUCCESSFULLY CHALLENGES THE ARBITRATOR’S AWARD, OR FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING A REASONABLE ATTORNEY’S FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD. DISCOVERY: THE PARTIES SHALL BE ENTITLED TO ENGAGE IN REASONABLE DISCOVERY IN THE FORM OF REQUESTS FOR DOCUMENTS, INTERROGATORIES, REQUESTS FOR ADMISSION, PHYSICAL AND/OR MENTAL EXAMINATIONS AND DEPOSITIONS, IN ORDER TO OBTAIN INFORMATION NECESSARY TO PROSECUTE OR DEFEND THE CLAIMS BROUGHT. ANY DISPUTES BETWEEN THE PARTIES REGARDING THE NATURE OR SCOPE OF DISCOVERY SHALL BE RESOLVED BY THE ARBITRATOR(S) IN HIS OR HER DISCRETION. EXCLUSIVE REMEDY: FOR CLAIMS COVERED BY THIS AGREEMENT, ARBITRATION IS THE PARTIES’ EXCLUSIVE LEGAL REMEDY. THE ARBITRATOR HAS EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE APPLICABILITY OR ENFORCEABILITY OF THIS AGREEMENT.
Governing Law This transaction shall be governed in all respects by the laws of the Commonwealth of Virginia.
PROTECTION PLAN TERMS: This is NOT an insurance policy, it is a service contract.
WHAT IS/IS NOT COVERED: UNLESS OTHERWISE ADVERTISED, ONE (1) RECHARGE HEARING AID KIT, WHICH INCLUDES ONE (1) EAR PIECE WITH BUILT-IN RECHARGEABLE BATTERY, ONE (1) CHARGER, ONE (1) USB POWER CORD, ONE (1) AC ADAPTER, AND UP TO ONE (1) ADDITIONAL EAR PIECE WITH BUILT-IN RECHARGEABLE BATTERY (SINGULARLY OR COLLECTIVELY “COVERED DEVICE”), IS COVERED BY THIS CONTRACT. IF ADDITIONAL KIT(S) AND/OR EAR PIECE(S) ARE PURCHASED, A SEPARATE CONTRACT IS REQUIRED. UNDER THE CONTRACT, IF A MAJOR COMPONENT OF A COVERED DEVICE STOPS WORKING DUE TO DEFECT, DAMAGE OR NORMAL WEAR AND TEAR, WE WILL REPLACE THE COVERED DEVICE WITH THE SAME OR COMPARABLE MODEL. NORMAL WEAR AND TEAR INCLUDES PROBLEMS THAT HAPPEN OVER TIME, LIKE WAX BUILD UP AND EXCESSIVE BATTERY DRAIN. MAJOR COMPONENTS ARE DEFINED AS THE EAR PIECE, RECHARGEABLE HEARING AID BATTERY, CHARGER, POWER CORD, AND AC ADAPTER. THE CONTRACT DOES NOT COVER EAR CAPS OR TUBES, CLEANING BRUSH, AND/OR ANCILLARY MAINTENANCE TOOLS/PRODUCTS (I.E. CLEANING WIPES, EAR LUBE, ETC). LOSS IS ALSO NOT COVERED UNDER THE CONTRACT. UPON REPLACEMENT, THE REPLACEMENT PART IMMEDIATELY BECOMES THE COVERED DEVICE. YOU HEREBY ASSIGN TO US ALL RIGHTS AND BENEFITS OF ANY MANUFACTURER’S WARRANTY OR OTHER ANCILLARY COVERAGE RELATING TO ANY COVERED DEVICE THAT WE REPLACE. WE SHALL HAVE THE SOLE AUTHORITY TO DETERMINE WHETHER TO REPLACE ANY UNIT, AND AT OUR DISCRETION MAY DENY ANY REPLACEMENT SERVICE IN THE EVENT WE DETERMINE THAT YOU INTENTIONALLY ABUSED THE UNIT. THIS AGREEMENT PROVIDES NO OTHER SERVICES, COVERAGE OR REMEDIES EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
CONTRACT PERIOD: Original purchaser is eligible for enrollment within thirty (30) days of purchase of full kit or additional ear piece or during special enrollment periods advertised by Us. If Covered Device is subject to a sixty (60) day trial period at time Contract is purchased and Covered Device is returned for a refund during sixty (60) day trial period, this Contract will also be canceled, and a full refund issued provided that a claim has not been made during the sixty (60) day trial period. Call 1.800.640.9785 to add coverage. This Contract is only applicable to products purchased directly from Us or via a distribution channel authorized by Us. You are encouraged to keep a copy this Contract along with your receipt, order confirmation or shipping document for future reference and verification purposes. Your term and coverage commence immediately upon purchase, and continue on a monthly basis, or for another term you may select at time of purchase, until terminated by You or Us. We may elect not to renew the Program upon thirty (30) days written notice to you.
PAYMENT OF FEE(S)/CANCELLATION: If purchasing via check or money order, billing occurs annually. A renewal notice will be mailed to You a minimum of thirty (30) days prior to expiration of Your current term. If payment is not received prior, Contract will expire at the end of the current term without further notice to You. You may cancel this Contract at any time provided that a claim has not been made during the thirty (30) day period prior to cancellation. If You cancel this Contract within the first thirty (30) days, a full refund will be issued. After the first thirty (30) days, Your refund is limited to the pro rata share upon cancellation. All refunds will be issued by check within ten (10) days after Your notice of cancellation is received. If purchasing via credit card, billing occurs upon enrollment and annually or monthly thereafter, per the option chosen by You. Contract fee is charged automatically to the credit card You provide at the advertised rate, at the interval chosen by You, until terminated by You or Us. If the monthly payment option is chosen, billing occurs every thirty (30) days; if annual option chosen, billing occurs every twelve (12) months. If annual billing option is chosen, a billing reminder notice will be mailed to You a minimum of thirty (30) days prior to expiration of Your current term. You agree to pay all charges on your credit card account in accord with the terms of your cardholder agreement with the card issuer. It is Your responsibility to report any billing discrepancies to Us within sixty (60) days after such discrepancy appears on credit card or bank statement. After sixty (60) days, You agree that such charges will be deemed accepted for all purposes. If purchased separately from Covered Device, You cancel this Contract within the first thirty (30) days, a full refund will be issued. If monthly billing option is chosen, no refunds will be issued after the thirty (30) day period has expired. If annual billing option is chosen, after the first thirty (30) days, Your refund is limited to the pro rata share upon cancellation. Any refunds due will be issued via a credit to the same credit card billed within ten (10) days after Your notice of cancellation is received.
This Contract may be cancelled by Us for non-payment of the monthly or annual fee or any other charge provided for in this Contract, effective on the date that payment was due.
Any dispute arising from this Agreement shall be solely decided in binding arbitration, and by accepting this Agreement you expressly agree to such and to waive any right to pursue any claim as a class proceeding.
TO OBTAIN SERVICE: In the event of mechanical failure or damage of a Covered Device, You must first call 1.800.640.9785 for troubleshooting support. If troubleshooting efforts fail, the Agent will provide a return authorization number and the returns address/instructions. All postage, insurance and shipping charges associated with your return to Us is Your responsibility and are not covered under this Contract. We are not responsible for lost, late, or misdirected mail while in transit to Us. You should insure your return package for the actual replacement cost and obtain delivery confirmation. Upon receipt and verification of your return at our facility, We will ship your replacement. Rush shipping & handling of replacement part(s) from our facility to You is available at Your expense.
OBLIGOR: The company obligated under the Contract in all states is Hearing Assist II, LLC, whose address is PO Box 2259, Virginia Beach, VA 23450-2259, telephone 1.800.640.9785.
STATE VARIATIONS: The following state variations shall control if inconsistent with any other terms and conditions:
ALABAMA RESIDENTS: You may cancel this Contract within twenty (20) days of purchase of this Contract. If no claim has been made under the Contract, the Contract is void and We shall refund to You the full purchase price of the Contract. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any, shall be refunded to you. A ten (10) percent penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after you cancel the Contract. If you cancel this Contract after twenty (20) days of purchase of this Contract, we shall refund to you the unearned portion of the full purchase price of the Contract. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any shall be refunded to you.
ARIZONA RESIDENTS: If your written notice of cancellation is received prior to the expiration date, We shall refund the remaining pro-rata price, regardless of prior services rendered under the Contract. The pre-existing condition exclusion does not apply to conditions occurring prior to the sale of the consumer product by Us, Our assignees, subcontractors and/or representatives.
CALIFORNIA RESIDENTS: For all products other than home appliances and home electronic products, the Cancellation provision is amended as follows: If the Contract is cancelled: (a) within sixty (60) days of the purchase of this Contract, you shall receive a full refund of the price paid for the Contract provided no service has been performed, or (b) after sixty (60) days, you will receive a pro rata refund, less the cost of any service received.
CONNECTICUT RESIDENTS: The expiration date of this Contract shall automatically be extended by the duration that the product is in our custody while being repaired. In the event of a dispute with Us, you may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the product, the cost of repair of the product and a copy of the Contract.
FLORIDA RESIDENTS: The Contract shall be cancelled by us for fraud or material misrepresentation, including but not limited to commercial or rental use. Unauthorized repair or replacement of covered equipment shall result in the cancellation of the Contract by us. In the event of cancellation by us, written notice of cancellation shall be mailed to you not less than sixty (60) days before cancellation is effective. This Contract can be cancelled by you at any time for any reason by emailing, mailing or delivering to us notice of cancellation. If the Contract is cancelled: (a) within thirty (30) days of the purchase of the Contract, you shall receive a full refund of the price paid for the Contract provided no service has been performed, or (b) after thirty (30) days, you will receive a refund based on 100% of unearned pro rata premium less any claims that have been paid or less the cost of repairs made by us. If we cancel the Contract, the return premium is based upon 100% of the unearned pro rata premium. If we determine in our sole discretion that your product cannot be repaired or your product provides for replacement instead of repair, we will replace your product with a product of like kind and quality that is of comparable performance or reimburse you for replacement of the product with a check, at our discretion, equal to the original purchase price of the product, as determined by us, not to exceed the original purchase price including all applicable taxes.
GEORGIA RESIDENTS: This Contract shall be non-cancelable by us except for fraud, material misrepresentation, or failure to pay consideration due therefore. The cancellation shall be in writing and shall conform to the requirements of Code 33-24-44. You may cancel at any time upon demand and surrender of the Contract and we shall refund the excess of the consideration paid for the Contract above the customary short rate for the expired term of the Contract. This Contract excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you.
ILLINOIS RESIDENTS: You may cancel this Contract for any reason at any time. If you cancel within thirty (30) days of contract purchase, and we have not paid a claim, you will receive a full refund. If you cancel after thirty (30) days or anytime after we pay a claim, you will receive a pro-rata refund of the Contract price based on the days remaining, less any claims that have been paid.
NEVADA RESIDENTS: You are entitled to a "Free Look" period for this Contract. If you decide to cancel this Contract within thirty (30) days of purchase, you are entitled to a one hundred percent (100%) refund of any fees paid. If you cancel this Contract after thirty (30) days from purchase, you will receive a pro rata refund based on the days remaining. If we fail to pay the cancellation refund within forty-five (45) days of your written request we will pay you a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. If this Contract is canceled by us, no cancellation may become effective until at least fifteen (15) days after the notice of cancellation is mailed to you. We can cancel this Contract due to unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Contract, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Contract was issued or last renewed. If we cancel this Contract no cancellation fee will be imposed and no deduction for claims paid will be applied. If your covered failure results in a loss of heating, cooling, or electrical power to your air conditioner or refrigerator/freezer, repairs on your covered product will commence within 24 hours after you report your claim. If these repairs cannot be completed within three (3) calendar days, we will send you a report indicating the status of these repairs.
NEW MEXICO RESIDENTS: If this Contract has been in force for a period of seventy (70) days, we may not cancel before the expiration of the Contract term or one (1) year, whichever occurs first, unless: (1) you fail to pay any amount due; (2) you are convicted of a crime which results in an increase in the service required under the Contract; (3) you engage in fraud or material misrepresentation in obtaining this Contract; (4) you commit any act, omission, or violation of any terms of this Contract after the effective date of this Contract which substantially and materially increase the service required under this Contract; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of this Contract and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time you purchased this Contract.
NORTH CAROLINA RESIDENTS: The purchase of this Contract is not required either to purchase or to obtain financing for a home appliance.
OKLAHOMA ONLY: The "Cancellation" section is deleted and replaced by the following: You may cancel this contract at any time by surrendering it or providing written notice to Us at the address where You purchased this Contract. You may also cancel this Contract by surrendering it or providing written notice to Us at the address listed below. You may cancel this Contract for any reason. In the event You cancel this Contract within thirty (30) days of purchase of the Contract, You shall receive a full refund of any payments made by You under this Contract. In the event You cancel this Contract after thirty (30) days of purchase of this Contract, You shall receive a refund based upon 100% of the unearned pro-rata premium. We may not cancel this Contract except for fraud, material misrepresentation or non-payment by You; or if required to do so by any regulatory authorization. If We cancel this Contract, You shall receive a refund of 100% of the unearned pro-rata premium. We may not cancel this Contract without providing You with written notice at least thirty (30) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. The following sentence is added to this contract: Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial use references in this Contract.
SOUTH CAROLINA RESIDENTS: To prevent any further damage, please refer to the owner's manual. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Contract to us.
TEXAS RESIDENTS: If you purchased this Contract in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Contract provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-6599 or (800) 803-9202.
UTAH RESIDENTS: NOTICE. This plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Contract is not guaranteed by the Utah Property and Casualty Guarantee Association. This Contract may be canceled due to unauthorized repair which results in a material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed. Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible. If we cancel this contract due to fraud or material misrepresentation, you will be notified thirty (30) days prior to cancellation. If we cancel this Contract due to nonpayment, you will be notified ten (10) days prior to Contract cancellation.
WISCONSIN RESIDENTS: THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF INSURANCE. This Contract shall not be cancelled nor will we deny your claim due to unauthorized repair of the covered equipment, unless we are prejudiced by your failure to obtain such authorization. If this Contract is canceled, no deduction shall be made from the refund for the cost of any service received. We will not deny Your claim solely because You did not obtain pre-authorization if We are not prejudiced by Your failure to notify Us. If the Contract is cancelled: (a) within thirty (30) days of the purchase of this Contract, you shall receive a full refund of the price paid for the Contract, provided no service has been performed.
WYOMING RESIDENTS: This Contract will be considered void and we will refund you the full purchase price of the Contract or credit your account if you have not made a claim under this Contract and you have returned the Contract to us a) within twenty (20) days after the date we have mailed the Contract to you, b) within ten (10) days after you have received the Contract if the Contract was furnished to you at the time the Contract was purchased, or c) within a longer time period if specified in the Contract. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Contract to us. The right to void the Contract provided in this subsection applies only to the original Contract purchaser and is not transferable. If we cancel this Contract for reasons other than nonpayment, a material misrepresentation made by you to us or because of a substantial breach of duties by you relating to the product or its use, we will mail a written notice to you at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation.
To obtain a large type copy of this Contract, please call 1.800.640.9785
QUESTIONS or TO OBTAIN SERVICE: Call 1.800.640.9785
QUESTIONS? Call 800.640.9785 or email email@example.com
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