Terms & Conditions for Service Plans
OCEAN CARE/OCEAN CARE PLUS ACCIDENTAL DAMAGE COVERAGE
SERVICE CONTRACT TERMS AND CONDITIONS
This Service Contract is not a contract of insurance. This Service Contract is issued in conformance with these terms and conditions. By enrolling in Ocean Care or Ocean Care Plus or by using or retaining the benefit of the Ocean Care services, the customer (“Customer” or “you”) agrees to be bound by the terms and conditions set forth herein (the “Terms”). If you do not agree with these Terms, you should not enroll in or should immediately cancel your coverage. This Service Contract includes these Terms and any other applicable addendums. This Service Contract must be made available for inspection when you require service.
THIS SERVICE CONTRACT IS INCLUSIVE OF THE MANUFACTURER’S WARRANTY; IT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY, BUT PROVIDES CERTAIN ADDITIONAL BENEFITS DURING AND BEYOND THE TERM OF THE MANUFACTURER’S WARRANTY.
OOI is Ocean Optics, Inc., a wholly owned subsidiary of Halma, PLC.
Service Contract Provider/We/Us/Our/Seller means OOI.
Covered Product means your covered Ocean Optics Spectrometer, including any standard accessories such as the power supply included with your product purchase at no extra cost, or at our discretion, any replacements provided by OOI under this Service Contract.
Order Confirmation is a document describing the Covered Product, the length of service, and Price paid for the Plan.
Plan means the Ocean Care and Ocean Care Plus Accidental Damage Coverage Plan, the terms and conditions of which are governed by this Service Contract.
Service Contract means this Service Contract, which governs the Plan you have purchased to cover the Covered Product described in the Order Confirmation document.
Price means the consideration paid for by you for this Service Contract.
If you purchased your Plan at the same time you purchased the Covered Product, this Service Contract will take effect upon shipment of the Covered Product and will apply to the Covered Product up until the coverage end date as described in the Order Confirmation or until cancelled by either you or us. If you purchased your Plan on a date later than the purchase of the Covered Product, Covered Product repairs will take effect 30 days after the purchase of the Plan and Covered Product calibrations will take effect immediately upon purchase. Covered Product repairs and calibrations coverage will be valid until the coverage end date or until cancelled by either you or us. Please refer to your coverage start date and coverage term on the Order Confirmation for further information concerning your coverage.
WHAT IS COVERED:
MECHANICAL BREAKDOWN AND ACCIDENTAL DAMAGE – This Service Contract provides repair or replacement coverage for hardware failures due to normal wear and tear including accidental damage (such as drops, liquid spills, and mechanical breakage). Should we repair your Covered Product, we will restore its hardware and preloaded manufacturer’s functionality to the manufacturer’s written specifications.
IF YOU NEED SERVICE:
All claims must be reported as soon as reasonably possible. This Service Contract covers only those claims reported within ninety (90) days of the date of the Covered Product’s failure.
HARDWARE AND SOFTWARE ASSISTANCE:
To arrange for service, call the Customer Service Department of Ocean Optics at +1-727-733-2447 or visit us at oceanoptics.com. A service representative will assist you by telephone and/or remote online support to diagnose any technical difficulties that may exist with your Covered Product’s hardware or manufacturer’s software. To the extent our telephone diagnosis confirms a covered hardware failure, we will process your claim and arrange for any applicable service of your Covered Product. Our level of technical service does not support customized or proprietary software, applications not included by the manufacturer of your Covered Product, or software errors that confirm improperly functioning or defective software. Additionally, this Service Contract does not provide education on how to utilize or perform tasks using any type of software program not included with the original order.
Repairs will be performed at an authorized repair center determined by us. Service will be available and rendered during the regular working hours and workweek of the product repair centers. If your Covered Product requires an approved repair more than once within a sixty (60) day period, service must be completed by the original repair center.
At our option, following our telephone diagnosis, we will either:
1) Replace your Covered Product with a new, refurbished, or recertified product of like kind and quality if we are unable to repair your Covered Product or if the repair cost exceeds its current retail replacement value. While we will try to accommodate specific replacement preferences, such accommodation is not guaranteed. The price of the replacement product shall not exceed the maximum replacement value of the original Covered Product less any applicable service fee. If we replace your Covered Product, we will ship the replacement product to you; or
2) Issue a credit equal to the value of the replacement product, not to exceed the maximum replacement value of the original Covered Product less any applicable service fee. The cash credit, with your authorization, will be deposited in your account with OOI and may be used by you toward the purchase of any eligible replacement product of your choice; or
3) Provide a settlement equal to the value of the replacement product, not to exceed the maximum replacement value of the original Covered Product less any applicable service fee. When you receive either the replacement product, cash credit, or settlement, the damaged/unrepairable product becomes our property. You are responsible for returning the damaged/unrepairable product to us and any subsequent shipping costs such as express or expedited shipping, or any reshipping expenses.
Once we receive the damaged/unrepairable product, we will inspect it and validate that the reported hardware failure is covered under this Service Contract. Should we determine that the failure was caused by one or more incidents designated as an Exclusion hereunder, we will contact you with our findings and arrange either to return the Covered Product to you or send to you a replacement product and charge you the difference between the value of the replacement product, cash credit, or settlement and the current market value of the damaged/unrepairable product.
We will exercise reasonable efforts in providing service under this Service Contract, but we will not be liable for any damages arising out of delays, and in no event will we be liable for any consequential damages. Should service require longer than five (5) business days, shipping to you will be upgraded to 2-Day shipping from the standard “Ground” service offered.
Materials furnished as replacements for parts will be drawn from our inventory of new or rebuilt parts and components. These materials will be furnished under provisions of the manufacturer’s warranty while still in effect and then by our service contractor during the remainder of the term of coverage.
This Plan excludes: any loss, repair or replacement necessitated by acts of God; consequential, incidental or intentional damage; misuse, abuse, neglect, or services (or damages caused) by non-authorized repair personnel; pre-existing conditions known to you that occurred prior to the coverage start date; rust, corrosion, insect infestation or fire; theft or burglary, mysterious disappearance, vandalism, transport, riot, environmental conditions, sand, dirt, damage from exposure to weather conditions, power reductions or fluctuations; loss or damage to external housing, or casings that does not affect the mechanical or electrical function of the Covered Product; loss or damage to stored data, repairs related to computer viruses, or software that is added after the original Covered Product purchase; “no problem found” diagnosis or any defects that are subject to a manufacturer’s warranty; claims for any loss caused by the use of the Covered Product in a manner not recommended by the manufacturer; claims arising from any breach of implied or expressed warranty of merchantability or fitness of the Covered Product from the manufacturer.
WHAT YOU MUST DO:
In order to keep this Service Contract in force during the coverage term, you must maintain the Covered Product in accordance with the service requirements set forth by the manufacturer’s specifications, including cleaning and maintenance. It is your responsibility to protect the Covered Product from further damage and comply with the owner’s manual. You must notify OOI in writing if your address changes.
INELIGIBLE FOR COVERAGE:
This Service Contract does not provide any service for property held in inventory or property held as your stock in trade. Enrollment in this Plan is only available for new spectrometers under the manufacturer’s warranty or, at our discretion, certified reconditioned devices.
You may cancel this Service Contract at any time for any reason by mailing a request for cancellation or calling the Ocean Optics Customer Service Team. If you cancel this Service Contract within the first thirty (30) days of the coverage start date, and the Price has been paid, and no claims have been paid, the contract is void and you will receive a credit equivalent to the full Price paid. In the event this Service Contract is cancelled after thirty (30) days or within the first thirty (30) days and you have made a claim, we will credit to you the unearned pro rata Price, less any claims paid up to the date of cancellation. If this Service Contract was inadvertently sold to you on a product which was not intended to be covered by this Service Contract, we will cancel this Service Contract and return the full Price to you. If you cancel, we are not responsible to provide you with written notice of cancellation. We may cancel this Service Contract within the first sixty (60) days for any reason. After sixty (60) days, we may only cancel this Service Contract for (1) nonpayment of the Price; (2) fraud or material misrepresentation; or (3) substantial breach of duties by you. If we cancel due to fraud, material misrepresentation or a substantial breach of duties by you, we will provide you with written notice, with the reason for cancellation, at your last known mailing or email address (depending on your chosen form of communication) at least thirty (30) days before cancellation. We will refund the unearned pro-rata price less any claims paid, except as otherwise required by law.
SERVICE FEE (if applicable):
For Ocean Care you will be assessed a non-refundable service fee each time a repair or replacement is completed.
SHIPPING AND HANDLING FEE (if applicable):
If we determine repairs are required, we will send you a prepaid shipping label and, if you do not have the original packaging, we will send you a box for you to package and send your Covered Product to us for repair. Upon receipt of the prepaid label and, if applicable, the shipping supplies, you must follow our shipping instructions and use the carrier designated thereby. So long as you follow our shipping instructions, we will pay the charges for shipping the product in for repair and back to you. Should it be determined during the repair that the damage to the Covered Product is not in fact covered by your Plan, the Covered Product will be shipped back to you and you will be charged for the shipping costs.
TRANSFER AND AMENDMENT:
This Service Contract is not transferable. OOI reserves the right to amend this Service Contract, including the Price and Deductible, upon providing thirty (30) days written notice; to add, remove, or modify services; and/or to add, remove or substitute third-party service providers. Should OOI amend these Terms, it will post a copy of the amended Terms to oceanoptics.com and provide email notification to the email address associated with your registered Covered Product, if available. Your continued enrollment in your Plan will constitute assent to the amended OOI Terms.
We reserve the right to change the provisions of this Service Contract (including Price and Service Fee) upon providing at least thirty (30) days written notice. We are not obligated to renew this Plan upon the coverage end date of this Service Contract or to accept a Service Contract renewal, in the event you tender one. If the Service Contract is renewed, we reserve the right to change the terms, including Price and Deductible.
GOVERNING LAW AND ARBITRATION
This Service Contract shall be construed and interpreted in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida. Any and all claims, disputes, controversies, and other matters arising out of relating to this Service Contract will be settled by binding arbitration on an individual basis in accordance with the rules of the American Arbitration Association. You are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim.
Rev. 1 – May 25, 2018