SINGLE-USE WARRANTY
OBLIGOR: All obligations under this Warranty Plan (“Plan”) are the responsibility of TNJS Operations, LLC, DBA Gateway Games. Obligor’s address is 532 East Perkins Street, Ukiah, California, 95482. The obligations of the provider of this Plan are backed by the full faith and credit of the Obligor. Participation by Customer is subject to the approval of Obligor.
1. DEFINITIONS.
A. Failure: The mechanical or operational failure of hardware or software caused by defects in materials and/or workmanship, and, with respect to software, the mechanical or operational failure caused by normal wear and tear.
B. VGG: Video Game Guarantee coverage for software and the sales receipt documenting the purchase of the same, which receipt is incorporated herein by reference.
C. Lessee: under an LTO Arrangement means the payor customer leasing the Product and this Plan.
D. Lessor: under an LTO Arrangement means the owner of the Product and payee of cash benefits under this Plan until the Lessee fulfills its obligations under the LTO Arrangement necessary to acquire full ownership of the Product and this Plan.
E. LTO Arrangement: a lease-to-own arrangement entered into by You in respect of any hardware or software.
F. IRP: Item Replacement Plan coverage for hardware and the sales receipt documenting the purchase of the same, which receipt is incorporated herein by reference.
G. Plan: The IRP and/or VGG purchased by You.
H. Product: The hardware and/or software covered by this Plan and purchased contemporaneously with this Plan.
I. You, Your, Customer: The individual who purchased this Plan and the Product, including the Lessee, if the product and this Plan were acquired under a lease-to-own arrangement (LTO Arrangement), as further described in the LTO Arrangement provisions below.
J. We, Us, Our: the applicable Obligor. Coverage:
2. COVERAGE.
A. IRP Coverage: This IRP will, on a single occasion, provide for repair or one-time replacement, at Our sole discretion, of the hardware covered by this IRP in the event of a Failure not covered by insurance or any other warranty or service contract. Upon Obligor fulfilling its obligations under the IRP, the IRP terminates; Customer must purchase a new IRP to obtain additional coverage.
B. VGG Coverage: This VGG will, on a single occasion, provide for one-time replacement of the software covered by this VGG in the event of a Failure not covered by insurance or any other warranty or service contract. Upon Obligor fulfilling its obligations under the VGG, the VGG terminates; Customer must purchase a new VGG to obtain additional coverage.
C. LTO Arrangement: If the Product and this Plan was originally obtained through an LTO Arrangement, the payment of any refund will be provided to the owner of the Product at the time it is made. If the Lessee has not yet obtained ownership of the Product when a refund is made, payment will be provided to the Lessor. However, the Lessee will otherwise retain a beneficial interest in this Plan and all non-cash fulfillment benefits provided by this Plan will be provided to the Lessee. This Plan is transferable to the original Lessee who has acquired full ownership of the Product.
D. The following applies to any and all Products covered by this Plan: Obligor will first try to fix the Product. If Obligor cannot fix the Product, the Obligor will replace the Product with another Product of equal or lesser value. Replacement Products may be cosmetically different than the original, e.g., a replacement controller may be a different color but will be the same model. If Obligor cannot fix or replace a Product, then Obligor will refund the full purchase price of this warranty – not the Product – to Customer.
3. TERM.
The term of this IRP, if applicable, shall begin on the date of purchase of the covered Product, as indicated on Your sales receipt, and will end on either the twelve (12) month anniversary or (24) month anniversary of such date, as indicated on Your sales receipt for a new Product. The term of the VGG, if applicable, begins on the date of purchase of the covered Product, as indicated on Your sales receipt, and will end on the twelve (12) month anniversary of such date.
4. LIMITATIONS OF COVERAGE.
This Agreement Does Not Cover:
A. Any product owned or operated outside the United States and its Territories.
B. Repairs and/or service required as a result of any alteration of the Product, repairs not made by Us or the use of supplies not recommended or recognized as industry equivalents.
C. Relocation, installation or reinstallation of any Product.
D. Damage (including rust or corrosion) due to causes beyond Our control including, but not limited to, misuse, accident, abuse, riot, vandalism, theft, fire, flood, wind, lightning, freezing, power failure, power reduction, inadequate power supply, unusual atmospheric conditions, telephone failure, or Acts of God.
E. Expendable item(s), including, but not limited to, batteries and other operating supplies and consumable item(s).
F. Repairs and/or service required as a result of use of non-compatible software or cartridges.
G. Telephone or other lines connecting to the Product.
H. Purely cosmetic scratches, peeling, dents or any other similar damage.
I. Any preventative maintenance.
J. Any product used for rental or commercial purposes (other than an LTO Arrangement).
K. Any failure covered by insurance or any other warranty or service contract.
L. Any pre-existing conditions that occur or arise prior to the effective date of this Plan.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
Our sole responsibility under this Plan shall be limited to providing service for repair or replacement of the Product, at Our election. THE TOTAL LIABILITY UNDER THIS PLAN IS THE PURCHASE PRICE YOU PAID FOR THE PLAN; IN THE EVENT THAT THE TOTAL OF ALL AUTHORIZED REPAIRS EXCEEDS THE PURCHASE PRICE PAID FOR THE PRODUCT OR WE, IN OUR SOLE DISCRETION, DECIDE TO REPLACE THE PRODUCT WITH A PRODUCT OF LIKE KIND AND OF EQUAL OR GREATER VALUE, WE SHALL HAVE SATISFIED ALL OF OUR OBLIGATIONS OWED UNDER THIS PLAN. WE HALL HAVE NO OTHER LIABILITY OR RESPONSIBILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO PARTS OR ANY OTHER COMPONENT OF THE PRODUCT, OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY US. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS PLAN, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF USE OF ANY EQUIPMENT OR ANY DAMAGES RESULTING FROM THE FAILURE OF ANY PRODUCT OR FROM DELAYS IN SERVICING OR THE INABILITY TO RENDER SERVICE ON ANY EQUIPMENT, INCLUDING DAMAGES RESULTING FROM SUBSTITUTE PRODUCTS PROVIDED IN ACCORDANCE WITH THIS PROVISION. Our liability for damages resulting from any cause whatsoever, including, but not limited to, our negligence or installation of defective parts or components whether or not such defect was known or discoverable, shall not exceed the actual price paid to Us by Customer for the Product or parts, whichever is less. We shall not be responsible for damages caused by accidents, misuse, misapplication, neglect by Customer or any of his or her
agents or employees or as a result of service by any person other than Our representative; placement or operation of the Product in an area that does not comply with manufacturer’s published space or environmental requirements; or improper storage or use of the Product. Some states do not allow the limitation or exclusion of incidental or consequential damages; therefore, the aforesaid limitations(s) or exclusion(s) may not apply to Customer. In the event of a claim or dispute, contact TNJS Operations, LLC, DBA Gateway Games. Obligor’s address is 532 East Perkins Street, Ukiah, California, 95482.
6. ARBITRATION.
Any and all claims, disputes or controversies of any nature whatsoever (whether in contract, tort, or otherwise, including, but not limited to, statutory, common law, fraud, other intentional tort, property and equitable Claims) arising out of, relating to, or in connection with (A) this Plan; (B) the relationships which result from this Plan; or (C) the validity, scope or enforceability of this arbitration provision, this entire Plan, or any other provision(s) of this Plan (a “Claim”) shall be resolved on an individual basis without resort to any sort of class action by final and binding arbitration before a single arbitrator. The arbitrator selected pursuant to this arbitration clause shall be a lawyer or retired judge with not less than fifteen years’ experience in the practice of law. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Code of Procedure in effect at the time the Claim is filed. Any arbitration initiated under this provision will take place at a location within the federal judicial district in which Customer resides at the time the Claim is filed. The arbitrator will decide whether We or You will be responsible for any fees or expenses of AAA and of the arbitrator in accordance with the Code of Procedure. Any party to the arbitration may seek discovery from any other party to the extent permitted under the Code of Procedure or upon application to the arbitrator, at the arbitrator’s discretion. The arbitrator shall be the sole and exclusive judge of the law and the facts and shall issue a written decision following a hearing held in accordance with the Code of Procedure. This arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C § 1 et seq. If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration provision. For the purpose of this arbitration provision, We, Us and Our shall be deemed to include Our parent company, all of its subsidiaries, affiliates, successors and assigns and all of the licensees, agents and employees of any of the foregoing entities. This arbitration provision shall inure to the benefit of and be binding on each of the foregoing persons and entities and on Customer and his or her successors, assigns, agents, trustees and executors. WE AND YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR YOU WILL HAVE ANY RIGHT TO PURSUE ANY CLAIM IN COURT, HAVE A TRIAL BY JURY OR JUDGE, OR INITIATE OR PARTICIPATE AS A REPRESENTATIVE OF OR MEMBER IN ANY CLASS OF PERSONS MAKING OR PURSUING ANY CLAIM.
7. CANCELLATION.
A. Customer may cancel this Plan at any time for any reason by surrendering it, with the sales receipt, as proof of purchase, to the retail store from which Customer purchased this Plan or by mailing this Plan and the sales receipt to TNJS Operations, LLC, DBA Gateway Games, 532 East Perkins Street, Ukiah, California, 95482.
B. Within thirty (30) days of Customer’s purchase date: If Customer cancels this plan within thirty (30) days of its purchase and no claims have been paid, subject to the LTO Arrangement provision above, We will refund 100% of the purchase price (as shown on the sales receipt) of this Plan.
C. Thirty-one (31) days beyond Customer’s purchase date: If Customer cancels this Plan after thirty (30) days, then Customer is not entitled to any refund.
D. If We cancel this Plan for any reason, other than Customer’s material breach of his or her duties hereunder or a material misrepresentation by Customer, subject to the LTO Arrangement provision above, We will refund 100% of the purchase price (as shown on the sales receipt) of this Plan. In the event We cancel this Plan for material breach of duties or material misrepresentation by Customer, the refund shall equal the purchase price allocable to the remainder of the term of this Plan prorated on a monthly basis, or any portion thereof. If We cancel this Plan, We must provide at least thirty (30) days prior written notice to Customer’s last known address, with the effective date of cancellation and the reason for the cancellation.
E. A 10% penalty per month shall be applied to refunds not paid or credited to Customer within thirty (30) days of cancellation of this Plan.
F. If this Plan is cancelled for any reason, Customer will retain the remaining balance, if any, of the manufacturer’s warranty.
8. SERVICE.
A. All service under this Plan is on a “carry-in” basis only. To obtain IRP service under this Plan, Customer must bring the Product, this Plan and the sales receipt, as proof of purchase, to a Gateway Games retail store. Customer will not be reimbursed for his or her cost of transporting the Product to obtain service under this Plan.
B. Service will be performed during normal business hours. If the repair service requested by Customer is covered under a IRP, either (i) We will provide Our responsible representative to perform such service, or (ii) We will replace the Product.
C. Customer is not required to perform preventative maintenance to receive service under this Plan.
D. Customer is not entitled to any other product for the Product covered by this Plan.
E. The product or parts used to replace or repair the Product may be new, used or remanufactured, as determined by Us in Our sole discretion.
9. PAYMENT AND PURCHASE.
This Plan may only be purchased at the time of purchase or repair of the Product.
10. ASSIGNMENT.
We reserve the right to assign all of Our rights and obligations under this Plan, subject to applicable law, and to subcontract any service to be provided under this Plan. This Plan is not renewable and Customer may not, except as provided in the LTO Arrangement Section above, transfer his or her rights and obligations under this Plan to any other party.
11. ENTIRE AGREEMENT.
This Plan and Your sales receipt incorporated herein represent the entire agreement between You and Us. No oral statements or other written representation amends, alters, or modifies the terms and conditions of this Plan.
12. CHOICE OF LAW.
This Plan shall be construed under and governed by the internal laws of the State of California without regard to its principles of conflicts of law. With respect to those states that deem Section 6 (Arbitration) invalid or unenforceable, any legal action, suit or proceeding arising out of or relating to this Plan shall be instituted in any federal court in the County of Mendocino, California.
COVERAGE SUMMARY.
The term of this Plan begins on the date of purchase. The sales receipt showing the purchase of the Product and this Plan must be attached to this Plan to receive coverage.