Terms And Conditions
This Contract sets forth the entire agreement between Stiltz of Southwest Texas LLC (“SoSWTX", "us", "our" or "we") and the purchaser ("you" or "your") of the product specified in this Contract ("Product"). No other representation, promise or condition shall modify this Contract. We are contractually obligated to provide you service under this Contract in accordance with, and as allowed by, state law.
What is Covered: We will furnish labor or replacement products (or pay for same) necessary to repair operational or mechanical breakdowns of the Product, provided such service is necessitated by Product failure during normal usage. The Product includes only equipment as originally specified and charged for in this Contract. Coverage also applies to the parts and accessories that are necessary for the Product's functionality, but does not apply to the accessories that are used in conjunction with or to enhance the performance of the Product.
Important Notes: If you request a service call for a non-covered repair, you will be responsible for all costs associated with the repair. In the event you are unable to meet the servicer, you must call to cancel the appointment in no less than 4 hours in advance of the agreed upon time of service or you will be responsible for paying for the second trip for the rescheduled repair. This Contract must be paid in full prior to services being rendered.
Location and Time for Service: This Contract covers in-home service on the listed Stiltz in-home lift. After we authorize your request, services will be performed during normal working hours or as selected under your extended service plan by an authorized technician.
Parts: Parts are not included and can incur additional costs. Parts used to repair the Product will be genuine replacement parts whenever possible, designed to work with the Product. However, at our option, we may use refurbished parts that perform to the factory specifications of the Product. If we determine that we are unable to repair the Product due to the unavailability of functional parts, we will, at our option, either replace the Product with a product with equivalent specifications or provide a monetary settlement, as described in "Claim Limitations" below. In all cases where parts are on an extended backorder for a minimum of sixty (60) calendar days, we will determine if a reimbursement or replacement will be made.
Deductible: No deductible applies to this Contract.
Renewal: This Contract is renewable at our sole discretion.
Limitations of Coverage - This Contract Does Not Cover:
Service required as a result of any alteration of the Product, or repairs made by anyone other than an authorized service technician.
Damage or other Product failure due to causes beyond our control including, but not limited to, operator negligence, the failure to maintain the Product according to the owner's guide, misuse, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, improper electrical connections, acts of war, or acts of God.
Service necessary because of improper storage or ventilation, including failure to place the Product in an area that complies with the manufacturer's published space or environmental requirements.
Any installation or alteration which prevents normal service, including inaccessible Products or parts.
Products used in industrial or commercial settings, defined as anything other than a single family dwelling. Single family dwellings include: houses, townhouses, manufactured or modular housing, condominiums, and duplexes.
Cosmetic damage such as, but not limited to, scratches, dents, rust or stains. Nonfunctional parts such as, but not limited to, plastics, internal and external finishes including porcelain enamel, knobs and dials. Expendable or lost items. Consumable items, defined as any part that is designed to be consumed (wear out) during the life of the Product, regardless if it is consumer replaceable or not. Consumable items include, but are not limited to batteries, light bulbs, hoses, or electrical connections, etc.
Operational or mechanical failure covered by the manufacturer's warranty or the manufacturer's recall.
Operational or mechanical failure not reported prior to the expiration of this Contract.
Normal, periodic, or preventative maintenance, including but not limited to customer education or periodic cleanings beyond the one (1) included annual service.
Pre-existing conditions (incurred prior to the effective date of coverage) known to you.
Products where the attached serial plate is removed, defaced or made illegible.
Damage resulting from unauthorized repair, or caused during delivery or removal, by improper installation or setup, or by misuse or abuse whether willful or not.
Consequential or incidental damages (including, where applicable, flooring material(s), sheetrock or damages) due to Product failure or due to delays or failures in furnishing parts or services for any reason beyond our control.
Additional travel and/or labor fees associated with required post-assessment or follow-up visits
No Lemon Guarantee: During the term of this Contract, when three service repairs covered by this Contract, with three separate claim numbers, have been attempted on the same part, and that same part requires a fourth repair, as determined by us, we will, at our option, either replace the Product with a product with equivalent specifications or provide a cash settlement, as described in "Claim Limitations" below. This guarantee does not include repairs made during the manufacturer's warranty period, rework/callback service required after initial installation, or during the warranty period provided by the authorized service company.
Cancellation and Refund: Either party may cancel this Contract upon 15 days prior written notice to the other. In the event you cancel, your Contract must be returned to Stiltz of Southwest Texas, 18235 Bulverde Road #105-255, San Antonio,TX 78259. If you cancel this Contract prior to its effective date, you will receive a full refund. If you cancel this Contract thereafter, the amount to be refunded to you will be determined by taking 90 percent of the unearned pro rata premium, less the cost of any claims paid. In the event this Contract is canceled by us, return of the premium shall be based upon 100 percent of the unearned prorated premium less any claims paid.
Claims Limitation: Total claims for services provided under this Contract shall be limited to the retail price you paid for your Product minus sales tax, shipping, delivery and installation charges. During the term of this Contract, we may elect, at our option and in lieu of performing service repairs, to either replace the Product with a product with equivalent specifications or provide a cash settlement, in either case for an amount not to exceed the retail you price paid for your Product minus sales tax, claims paid, shipping, and delivery and installation charges. In the event that the retail price you paid for your Product is not available, such limit will be, as determined by us, the current market value of the Product or a product with equivalent specifications. In the event we buy out the Contract or replace the Product as set forth in this section, all contractual obligations under this Contract shall have been fulfilled.
Modification / Transfer: No modification or change of this Contract can be made, including transfer of ownership of the Product, except with our written consent.
If no claim has been made under this Service Contract, you have the right to return this Service Contract within 20 days of the date this Service Contract was mailed to you, or within 10 days of delivery if this Service Contract was delivered to you at the time of sale. In such a case, this Service Contract will be void and we will refund to you the full amount of the purchase price of this Service Contract. This right to void this Service Contract is not transferable and applies only to the original Service Contract purchaser.
This right to void this Service Contract is not transferable and applies only to the original Service Contract purchaser. Thereafter, if we cancel this Service Contract, we will mail a written notice to you at your last known address, as contained in our records, at least 10 days prior to cancellation. The notice will state the effective date of the cancellation and the reason for the cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the Contract price, a material misrepresentation by you to us, or a substantial breach of duties by you relating to the covered product or its use.
A 10% per month penalty will be added to a refund that is not made within 45 days of return of this Service Contract to us.
You may download a PDF copy of the current Terms & Conditions here.