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PDI_logo_vector-STREAM210-100ptProjector Service Plan Terms and Conditions

Terms and Conditions for

Pneu-Dart, Inc.’s

Projector Service Plan

(1) Introduction:

By purchasing Pneu-Dart, Inc.’s 1-year or 3-year projector service plan, you are entering into a binding contract with Pneu-Dart, Inc.

The projector service plan, regardless of duration is coverage, is not an insurance program.

The purchase of the projector service plan is subject to the following terms and conditions.

These terms and conditions, together with your invoice for the purchase of the projector service plan shall collectively constitute the entire contract relating to Your coverage. Your invoice describes the Covered Device and the Duration of this product service plan.

(2) Definitional Terms:

“Contract” shall refer to these terms and conditions, together with your invoice for the purchase of the projector service plan.

“Covered Device” shall refer to a product identified in Section (4) that You purchase a projector service plan for.

“Duration” shall refer to the term of the Projector Service Plan, as indicated on the invoice.

“We,” “Us,” or “Our” shall refer to Pneu-Dart, Inc., a Pennsylvania corporation, located at 15223 Route 87 Highway, Williamsport PA 17701.

“You” or “Your” shall refer to the owner of the Projector Service Plan.

(3) Agreement:

The Projector Service Plan is NOT an insurance policy.

Rather, it is a service contract. You agree to all provisions of this Contract when you order the projector service plan and/or initiate payment of the plan. We reserve the right to change the terms and/or cost of the projector service plan from time to time; such changes will be communicated to You, in writing, at least thirty (30) days prior to the effective date. Your continued use of projector service plan and payment of the associated fee after such notice is given constitutes Your acceptance of all changes.

(4) Coverage:

The following products are eligible for coverage under the product service plan: MODEL 196 – CARTRDGE FIRED, MODEL 389 – CARTRIDGE FIRED, MODEL 176B – Air / CO2, MODEL 178B – Air / CO2, MODEL 179B – Air / CO2, MODEL 190B – Air / CO2.

In addition to the aforementioned projectors eligible for coverage under this projector service plan, We reserve the right to advertise product service plans covering additional projectors and/or products subject to these Terms and Conditions.

One projector is covered under a service plan.

Consequently, each projector You own will require separate Contracts for coverage under a product service plan.

If a major component of a Covered Device stops working due to defect, damage, or normal usage, We will service the Covered Device and restore it to its prior condition.

If the Covered Device cannot be repaired, then We will replace the Covered Device with the same model or a comparable model.

The decision to repair the Covered Device or replace the Covered Device will be made solely by Us.

We will furnish labor, parts, and/or replacement equipment necessary to repair operational or mechanical breakdowns of the Covered Device, provided such service is necessitated by Covered Device’s failure during normal usage.

Normal usage includes problems that occur over time, such as drops, falls, exposure to weather, and solvents, subject to the exclusions identified in Section (5).

Major components of the Covered Device are restricted to the barrel, trigger, clip, sights, stock, and sling.

(5) Exclusions:

This service protection plan on the Covered Device includes only equipment as originally configured and to the parts that are necessary to the Covered Device’s functionality.

This service protection plan does not apply to accessories that are used in conjunction with or to enhance the performance of the Covered Device, including lens cap, cleaning brush, gun case, batteries, and/or ancillary maintenance tools/products such as cleaning wipes, solvent, and lubrication.

We shall have no obligation to provide service under this Contract for any Covered Device which was altered or repaired by anyone other than Us. Further, any cosmetic defects or damage of the Covered Device are specifically excluded.

Service under this Contract arising from Your negligence, failure to maintain the Covered Device, accidents, mishandling, vandalism, theft, fire, flood, wind, freezing, acts or war, or acts of God are not covered under this Contract.

Loss is also not covered under this contract.

Upon replacement, the replacement product immediately becomes the Covered Device under the existing Contract with You.

The Duration of the Contract is not altered or changed by a replacement of the Covered Device.

Further, the Contract replaces and supersedes any otherwise applicable manufacturer’s warranty on the Covered Device. Any manufacturer warranty or ancillary coverage on the replacement product of the Covered Devise is null and void.

This Agreement provides no other services, coverage, or remedies except as specifically provided herein.

(6) Eligibility, Enrollment and Contract Period:

Only the original purchaser of the product identified in Section (4) is eligible to enroll in the product service plan.

You, as an original purchaser, may enroll within thirty (30) days of purchase of a projector or additional product during a special enrollment periods advertised by Us.

In order to enroll, You must call 1.866.299.3278 or complete and return order form to add coverage. The order form must be received by Us within thirty (30) of purchase.

This Contract is only applicable to products purchased directly from Us or via a distribution channel authorized by Us. You are encouraged to complete and return the registration form of the Covered Device and keep a copy, along with your receipt and/or order confirmation, and this Contract for future reference and verification purposes. Your term and coverage commence immediately upon purchase, and continue for another term you may select at time of purchase, until terminated by You or Us.

(7) Commencement of Coverage:

Once enrolled in the product service plan, the Duration of coverage on the Covered Device shall commence upon the expiration of the 1-year manufacturer warrantee.

The Duration of the product service plan purchased by You shall immediately follow termination of the manufacturer warrantee, which is not discussed herein.

Note: In order to achieve eligibility, You must complete and return/submit the product registration form included with the projector or online at www.pneudart.com/warranty-registration within 30 days of original purchase. You must be able to produce, on request, Your original sales receipt for projector you wish to register.

(8) Automatic Renewal of Service Protection Plan:

If I Purchase a Plan Can I Purchase additional service beyond the service plan period?

Yes, within the 30-day enrollment period, you have the option to purchase a 1-Year or a 3-Year PSP Plan with automatic renewal**

**Please note this provision is only assignable to applied credit cards.

(9) Payment of Fee(s)/Cancellation:

You may cancel this Contract at any time provided that a claim has not been made during the thirty (30) day period prior to it anniversary date. If You cancel this Contract within the first thirty (30) days, of the service plan period 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 written notice of cancellation is received.

If purchasing via credit card, billing occurs upon enrollment and annually thereafter, per the option chosen by You. Fee is charged automatically to the credit card You provide at the advertised rate, at the interval chosen by You, until terminated in writing by You or Us. If an AUTOMATIC renewal option is chosen, a billing reminder notice will be mailed or electronically communicated 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.

We reserve the right to cancel this Contract for non-payment of the charge provided for in this Contract, effective on the date that payment was due.

By accepting this Agreement you expressly agree to such and to waive any right to pursue any claim as a class proceeding.

(10) To Obtain Service:

In the event of mechanical failure or damage of a Covered Device, You must first call 1.866.299.3278 for troubleshooting support. If troubleshooting efforts fail, You agree to provide proof of purchase of the Covered Device and service protection plan and make the Covered Device reasonably available to Us for service .

Thereafter, the customer care provider will authorize your service claim and provide a return authorization number along with the returns address/instructions.

You are responsible for all postage costs, insurance and shipping charges associated with your return to Us, and these fees and costs are not covered under this Contract.

We are not responsible for lost, late, or misdirected mail while in transit to Us. We are also not responsible for any damages whatsoever arising out of delays, either before or after a day or time of service under this plan.

During a return of a Covered Device back to Us for service, 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 repaired and/or replaced unit free of charge. Rush shipping & handling of replacement part(s) from our facility to You is available at Your expense.

(11) Governing Law.

This Agreement shall be governed by and enforced according to the laws of the Commonwealth of Pennsylvania and the United States.

(12) Entire Agreement.

This Contract constitutes the entire agreement between the You and Pneu-Dart, Inc., and supersedes all prior oral or written agreements, commitments, or understandings concerning the service protection plan related to the Covered Device.

(13) Severability.

If any provision of this Contract or of any other agreement, document or writing pursuant to or in connection with this Contract, shall be wholly or partially invalid or unenforceable under applicable law, said provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of said agreement, provided that the remaining provisions continue to effect the purposes of this Contract.

(14) 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 performed a repair, you will receive a full refund. If you cancel after thirty (30) days or anytime after we perform a repair, you will receive a pro-rata refund of the Contract price based on the days remaining, less any amount allocated to facilitate the repair.

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 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.

OKLAHOMA: 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: 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 written cancellation of the contract is received.

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 furnished 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.