MENTIONED PLANS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. NOTHING IN THIS PLAN SHALL PREJUDICE CONSUMER RIGHTS GRANTED BY APPLICABLE MANDATORY LAWS, INCLUDING CONSUMER’S RIGHT TO THE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY NINE TWENTY EIGHT INC OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
1. The Plan
This contract governs the hardware services and support provided to you by Nine Twenty Eight Inc. under the above-mentioned plans (each referred to herein as the “Plan”) for the Nine Twenty Eight Inc-branded product and the Nine Twenty Eight Inc-branded accessories contained in its original packaging (“Covered Equipment”) listed on your proof of coverage document (“Plan Confirmation”).
The terms of the Plan apply the same whether paid for a one-time basis (“Single-Pay Plan”) unless otherwise noted. Your Plan may be paid by you or a third party who finances or otherwise pays for your Plan (a “Plan Payment Provider”).
2. When Coverage Begins and Ends
Coverage begins when you purchase the Plan and ends after 365 days (“Coverage Period”).
3. What is Covered?
3.1 Hardware Service
If during the Coverage Period, you submit a valid claim by notifying Nine Twenty Eight Inc. that (i) a defect in materials and workmanship has arisen in the Covered Equipment, or (ii) the equipment was damaged caused by accident, liquid contact, fire, earthquake or other external cause, Nine Twenty Eight Inc. will either (a) repair the defect at no charge (maximum of two service requests), using new or refurbished parts that are equivalent to new in performance and reliability, or (b) exchange the Covered Equipment with a replacement product that is new or equivalent to new in performance and reliability, and is at least functionally equivalent to the original product (maximum of two service requests). If Nine Twenty Eight Inc. exchanges the Covered Equipment, the original product becomes Nine Twenty Eight Inc. property and the replacement product is your property with coverage for the remaining period of the Plan. Nine Twenty Eight Inc. may use Covered Equipment or replacement parts for service that are sourced from a country that is different from the country from which the Covered Equipment or original parts were sourced.
During the Coverage Period, Nine Twenty Eight Inc. will provide you with access to telephone and web-based support resources.
4. What is not Covered?
4.1 Terms of Service
The Plan does not apply to:
a) Damage caused by intentional abuse, misuse or loss of product, operating the Covered Equipment outside the permitted or intended uses described by the manufacturer, or service performed by anyone who is not a representative of Nine Twenty Eight Inc.
(b) Equipment that has been altered, defaced or has been modified to alter its functionality or capability without the written permission of Nine Twenty Eight Inc
(c) Covered Equipment that has been lost or stolen. This Plan only covers Covered Equipment that is returned to Nine Twenty Eight Inc. in its entirety;
(d) Defects caused by normal wear and tear or otherwise due to normal aging of the product.
5. How to Obtain Service and Support?
You may obtain hardware services and support by accessing the Nine Twenty Eight Inc website Contact Us - Nine Twenty Eight Co (928co.com) or calling the telephone number listed below. If calling, a Nine Twenty Eight Inc support representative will answer, request your Plan Agreement Number or Covered Equipment serial number, before providing assistance. Keep your Plan Confirmation document and the original sales receipt for your Covered Equipment and your Plan, as it will be required if there is any question as to your product’s eligibility for coverage.
6. Hardware Service Options
Nine Twenty Eight Inc will provide hardware services through one or more of the following options:
Mail-in service. Direct mail-in service is available for most Covered Equipment. If Nine Twenty Eight Inc determines that your Covered Equipment is eligible for mail-in service, Nine Twenty Eight Inc will send you prepaid waybills (and if you no longer have the original packaging, packaging material) and you will ship the Covered Equipment to an location in accordance with Nine Twenty Eight Inc instructions. Once service is complete, the location will return the Covered Equipment to you. Nine Twenty Eight Inc will pay for shipping to and from your location if all instructions are followed.
Nine Twenty Eight Inc reserves the right to change the method by which Nine Twenty Eight Inc may provide repair or replacement service to you, and your Covered Equipment’s eligibility to receive a particular method of service.
Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Covered Equipment cannot be serviced in the country where service is requested. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Nine Twenty Eight Inc. may repair or exchange defective products and parts with comparable products and parts that comply with local standards.
7. Your Responsibilities
To receive service or support under the Plan, you agree to comply with the following:
(a) Provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, if requested;
(b) Provide information about the symptoms and causes of the issues with the Covered Equipment;
(c) Follow instructions Nine Twenty Eight Inc gives you, including but not limited to refraining from sending Nine Twenty Eight Inc products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NINE TWENTY EIGHT INC. AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM NINE TWENTY EIGHT INCOBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF NINE TWENTY EIGHT INC AND ITS EMPLOYEES AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, NINE TWENTY EIGHT INC LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.1 Nine Twenty Eight Inc. Cancellation Rights
Unless applicable local law provides otherwise, Nine Twenty Eight Inc. may cancel this Plan for fraud or material misrepresentation. Unless applicable local law provides otherwise, Nine Twenty Eight Inc may also cancel this Plan if service parts for the Covered Equipment are not available, upon thirty (30) days’ prior written notice. If Nine Twenty Eight Inc cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.
9.2 Effect of Cancellation
Upon the effective date of your cancellation, Nine Twenty Eight Inc future obligations under this Plan to you are fully extinguished.
10. Transfer of Plan
With Transfer of Covered Equipment to New Owner. Subject to the restrictions set forth below, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (i) the transfer includes the original Proof of Purchase, the Plan's Confirmation and all of the Plan's packaging material, including printed materials and these Terms and Conditions; (ii) you notify Nine Twenty Eight Inc of the transfer as instructed at firstname.lastname@example.org and (iii) the party receiving the Plan accepts the Terms and Conditions of the Plan. When notifying Nine Twenty Eight Inc of the transfer of the Plan, you must provide the Plan Agreement Number, the serial number of the Covered Equipment being transferred and the name, address, telephone number and email address of the new owner.
(a) Nine Twenty Eight Inc may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(b) Nine Twenty Eight Inc is not responsible for any failures or delays in performing under the Plan that are due to events outside Nine Twenty Eight Inc reasonable control.
(c) You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan.
(d) This Plan is offered and valid only if you are a resident of the fifty states of the United States of America and the District of Columbia or Canada. Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all jurisdictions, including all provinces or territories of the United States or Canada and is not available where prohibited by law.
(e) In carrying out its obligations Nine Twenty Eight Inc may, solely for the purposes of monitoring the quality of Nine Twenty Eight Inc response, record part or all of the calls between you and Nine Twenty Eight Inc.
(f) You agree that any information or data disclosed to Nine Twenty Eight Inc under this Plan is not confidential or proprietary to you. Furthermore, you agree that Nine Twenty Eight Inc may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers located in countries where data protection laws may be less comprehensive than your country of residence, including but not limited to Australia, Canada, countries of the European Union, India, Japan, the People’s Republic of China and the U.S.
(g) Nine Twenty Eight Inc has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction.
(h) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Nine Twenty Eight Inc entire understanding with respect to the Plan.
(i) There is no informal dispute settlement process available under this Plan.
(j) The Administrator for Plans sold in Canada is Nine Twenty Eight Inc. (the “Administrator”), a Canadian corporation with its registered office at: 2708 Yonge Street, P.O. Box 400, Toronto Station K, M4P2G7
(k) Except where prohibited by law, the laws of the Province of California govern Plans purchased in the United States. Except where prohibited by law,
(l) The laws of the province of Ontario govern all Plans purchased.
(m) Support services under this Plan may be available in English only.
(n) There is no deductible payment due in respect of a claim made under this Plan.
(o) The Plan will not be cancelled due to pre-existing conditions in the Covered Equipment that are eligible for service under this Plan.
THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE
If you cancel within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund. If you cancel more than thirty (30) days after your receipt of the Plan, no option of refund will be afforded. No deduction shall be made from the refund for the cost of any service received. Nine Twenty Eight Inc. will not cancel this plan EXCEPT for failure to pay the purchase price for the plan. If Nine Twenty Eight Inc cancels the Plan, you will receive a pro-rata refund for the Plan’s unexpired term.
United States 416-419-1755
* Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date local and international contact information at Contact Us - Nine Twenty Eight Co (928co.com) . Toll-free numbers are not available in all countries
** Long distance charges may apply.