Warranty Program
HeartWay® Warranty Labor Program (HWL)
Terms and Conditions
Please carefully read this entire document. It describes the terms of the HeartWay® Warranty Labor Program, HWL Program (the “Program”), under which HeartWay® USA will provide you with outsourced in‐warranty labor, service, and repair on registered products (the “Services”). HeartWay® USA will provide the Services only in the 48 continental United States and only if you accept the terms of this Program.
A. UNDERSTANDING THE PROGRAM
This Program does not replace the warranty for any product. The HWL Program is provided by HeartWay® USA to outsource your labor, service, and repair needs “wherever warranty parts replacements take place” for eligible warranty claim(s) during the first 12 months warranty period of registered power & manual wheelchairs and scooters when purchased new and unused.
B. COVERAGE OF THE PROGRAM
Subject to any limitations in the applicable warranty, the Program covers needed eligible warranty services, during the warranty period. You are the covered party under this Program, and coverage can not be transferred to a 3rd party wherever transfer of ownership takes place. The Program can be ordered in conjunction with the purchase of any power wheelchairs or scooters or manual wheelchairs or custom rehab chairs at the time of product purchase. Once the Program is purchased for an eligible product, that product becomes a “Covered Product.” The Program can not be ordered after the time of the eligible equipment purchase. The program is limited to the remaining time on any applicable manufacturer warranty.
C. WHAT THE PLAN DOES NOT COVER
THE PROGRAM DOES NOT COVER BATTERY RE‐CHARGING.
THE PROGRAM DOES NOT COVER BATTERY OR CHARGER REPLACEMENT.
THE PROGRAM DOES NOT COVER THE INITIAL SETUP OF THE COVERED EQUIPMENT OR ANY ADJUSTMENTS TO INITIAL SETUP.
THE PROGRAM DOES NOT PROVIDE ANY CONSUMER EDUCATION OR TRAINING FOR THE COVERED EQUIPMENT.
THE PROGRAM DOES NOT PROVIDE IMMEDIATE “IN THE FIELD” ASSISTANCE TO THE CONSUMER – IT IS INTENDED TO PROVIDE SERVICE IN THE CONSUMER’S RESIDENCE OR AT A NEARBY SERVICE LOCATION.
THE PROGRAM DOES NOT COVER ANY PARTS OR SERVICES IF THE COVERED PRODUCT’S CONDITION OR USE IS EXCLUDED FROM COVERAGE UNDER THE LIMITATIONS CONTAINED IN THE PROVIDING MANUFACTURERS’ WARRANTY, INCLUDING BUT NOT LIMITED TO EXCLUSION OF ANY LABOR, SERVICE, OR REPAIRS REQUIRED DUE TO NORMAL WEAR AND TEAR, ABUSE OR MODIFICATION OF THE PRODUCT.
PLEASE REVIEW THE WARRANTY IN FULL TO UNDERSTAND THE EXCLUSIONS IN THE WARRANTY.
D. START DATE AND EXPIRATION DATE OF THE PLAN
The Program will begin when you purchase it and it will expire when the applicable warranty expires – the Program does not extend the warranty.
E. HOW THE PLAN WORKS
HeartWay® USA will activate the HeartWay® Warranty Labor Program at the time of the purchase takes place. Then, if any eligible warranty labor or service are needed, you can call the toll‐free number provided by HeartWay® USA for service. Within 48 hours of the original customer phone call, the customer will receive a return phone call to schedule service. This applies to the standard, Monday through Friday, work week and does not apply to Saturday and Sunday or Federal holidays. On the scheduled date and time and at the agreed upon location, a trained service technician will then provide the Services.
IMPORTANT NOTE: The Program does not provide immediate “in the field” assistance to the you – it is intended to provide service in your residence or at a nearby service location. Please allow 24~48 hours to locate a nearby service location or nearby remote technician.
F. THE POST‐WARRANTY PERIOD
The Program does not provide coverage after the warranty expires. During the post-warranty period for any needed labor, service, parts and repair, the consumer will be responsible for any charges that are not covered by their insurance.
G. TRANSFERABILITY
The HWL Program is not transferable from product to product or from provider to provider or from consumer to consumer. Please also note that each eligible product’s warranty does not transfer from the first user to any subsequent user. Accordingly, the HeartWay Warranty Labor Program will end with any such transfer because the warranty will have ended. You cannot purchase a new Program for that subsequent user because there would not be any in‐warranty period remaining.
H. CONTRACTORS FOR THE SERVICES
HeartWay® USA or the third‐party service provider that has been hired by HeartWay® USA will perform the Services. The contractor will perform the Services according to the Program.
I. LIMITED SERVICES WARRANTY (DISCLAIMER OF WARRANTIES)
HEARTWAY USA WARRANTS ONLY THAT THE SERVICES WILL BE PERFORMED IN A PROFESSIONAL AND WORKMAN LIKE MANNER. NO OTHER EXPRESS WARRANTIES ARE PROVIDED TO YOU. ANY IMPLIED WARRANTIES ARE LIMITED TO THE TERM OF THIS SERVICE AGREEMENT. NO INFORMATION OR ADVICE (WRITTEN OR ORAL) PROVIDED TO YOU BY US OR OUR CONTRACTORS WILL CREATE A WARRANTY BY US OR INCREASE THE SCOPE OF THIS PROGRAM. THIS SERVICE AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
J. LIMITATION OF LIABILITIES
OUR LIMIT OF LIABILITY FOR ANY CLAIM UNDER THIS PROGRAM IS THE COST TO REPAIR OR REPLACE YOUR COVERED PRODUCT IN ACCORDANCE WITH THE TERMS OF THIS PROGRAM, NOT TO EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCT AND THE PROGRAM BY YOU. UNDER NO CIRCUMSTANCE WILL HEARTWAY USA BE JOINTLY OR SEPARATELY LIABLE FOR ANY OF THE FOLLOWING: (1) THIRD‐PARTY CLAIMS AGAINST YOU FOR LOSS OR DAMAGES; (2) LOSS OF, OR DAMAGE TO, YOUR RECORDS, FILES OR DATA; OR (3) SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, PROFITS OR SAVINGS), EVEN IF WHEELCHAIR AND SCOOTER REPAIR IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
K. CANCELLATION AND RETURNED PRODUCT
HeartWay® USA may cancel this Program for fraud or material misrepresentation. HeartWay® USA may also cancel this Program at any time and issue a pro‐rated credit to your account with HeartWay® USA based on the amount of time remaining in that returned product’s warranty period.
L. GOVERNING LAW & OTHER PROVISIONS
The laws of the State of Florida shall govern this Program and any dispute arising out of or relating to this Program. This Program is the entire agreement between HeartWay® USA and you concerning the provision of the Services and supersedes any prior or contemporaneous oral and/or written understandings about the Program. In the event that any provision of this Program is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
M. ARBITRATION AGREEMENT
The Parties hereto agree that any and all claims, controversies or disputes arising from or related to this Agreement, including, but not limited to those claims, controversies or disputes pertaining to the formation, construction, performance, applicability, interpretation, enforce-ability, or breach of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration according to the rules of the State of Florida. Further, venue for the arbitration proceeding shall be in Fort Myers, Florida. The Parties hereto also agree that any award tendered by the arbitrator may be entered as a judgment in the Florida State Courts and enforceable as an order of said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award.
N. PREMIUM SERVICE PROGRAM RETAIL AGREEMENT
These Terms and Conditions shall be subject to amendment for the purpose of establishing a retail agreement with a manufacturer or other entity. The retail agreement shall expressly state the mutually agreed upon wholesale price for the Program, as well as outline payment and registration conditions for all enrollees. The retail agreement must be signed by both a representative member of HeartWay® USA and retailing entity.
O. PLAN ADMINISTRATOR CONTACT INFORMATION
If you have any questions about the Program, please contact HeartWay® USA at:
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HeartWay USA
C/O HeartWay Warranty Labor Program
5681 Independence Circle
Fort Myers, FL 33912
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