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<br />NWS-HSI-HSP4 (03-25) Page 4 of 7
<br />operation, maintenance or use of the Covered Equipment or a Replacement provided under the provisions of this Contract. Neither
<br />Northcoast Warranty Services, Inc. (including its affiliates specified in the “Service Contract Reimbursement Insurance Policy” and “Special
<br />Jurisdictional Requirements” sections of this Contract) nor Administrator shall be liable for any Pre-Existing Conditions (as defined in the
<br />“What is Not Covered – Exclusions” section of this Contract) known to You; including any inherent Equipment flaws.
<br />WHAT IS NOT COVERED – EXCLUSIONS
<br />THIS CONTRACT DOES NOT COVER ANY CLAIM IN CONNECTION WITH OR RESULTING FROM:
<br />a) Accidental Damage From Handling, or ADH except where
<br />explicitly expressed in the SERVICE CONTRACT TERM –
<br />EFFECTIVE DATE OF COVERAGE section or SCHEDULE OF
<br />COVERED EQUIPMENT section.
<br />b) Pre-Existing Conditions incurred or known to You. (“Pre-
<br />Existing Conditions” refers to damages or defects
<br />associated with the Equipment that existed before this
<br />Contract was purchased.)
<br />c) Improper packaging and/or transportation by You or Your
<br />representative resulting in damage to the Equipment while
<br />it is in transit, including improperly securing the
<br />Equipment during transportation.
<br />d) Any indirect loss whatsoever including but not limited to:
<br />(i) property damage, lost time (down time), lost data or lost
<br />income (production) resulting from a Breakdown, or any
<br />other mechanical/electrical failure; (ii) delays in rendering
<br />a Covered Claim or the inability to render service for any
<br />reason; (iii) the unavailability of any parts/components; (iv)
<br />any costs incurred by You associated with customized
<br />installations to fit the Equipment such as third party stands,
<br />mounts, and customized alcoves and the like; or (v) a
<br />Replacement that is a different model, size, dimension or
<br />color as the original Covered Equipment.
<br />e) Modifications, adjustments, alterations, manipulation, or
<br />repairs made by anyone other than a service technician
<br />authorized or approved by the Administrator or other than in
<br />accordance with Manufacturer’s specifications.
<br />f) Damage from inappropriate ventilation or conditions (too hot
<br />or too cold) outside the Manufacturer’s specifications causing
<br />freezing, overheating, rust, corrosion, warping or bending.
<br />g) Wear and tear, or gradual deterioration of Equipment
<br />performance.
<br />h) The intentional treatment of the Equipment in a harmful,
<br />injurious, malicious, reckless, or offensive manner which results
<br />in its damage and/or failure.
<br />i) Damage to or malfunction of Your Equipment caused by or
<br />attributed to digital content, software (whether pre-loaded or
<br />otherwise), including without limitation to the operation of a
<br />software virus, lack of availability of software updates, or any
<br />other software/digital based malfunction.
<br />j) Training, design support, software support, or
<br />hardware/software upgrades.
<br />k) Laptops, computers and monitors either sold separately or sold
<br />as a bundle with Your Covered Equipment.
<br />l) Expedited or overnight shipping.
<br />m) Loss, theft, or malicious mischief or disappearance.
<br />n) Fortuitous events including but not limited to riot, nuclear
<br />radiation, war/hostile government act, or intent, action or
<br />radioactive contamination, environmental conditions,
<br />flood, exposure to weather conditions or perils of nature,
<br />collapse, explosion or collision of or with another object,
<br />fire, any kind of precipitation or humidity, lightning,
<br />dirt/sand or smoke, or other telecommunications
<br />malfunction.
<br />o) Failure to perform the Manufacturer’s recommended
<br />maintenance, or operation/storage/installation of the
<br />Equipment in conditions outside of the Manufacturer’s
<br />specifications or instructions.
<br />p) Equipment that is subject to the Manufacturer’s recall,
<br />warranty or rework to repair design or component
<br />deficiencies, improper construction or Manufacturer error
<br />regardless of the Manufacturer’s ability to pay for such
<br />repairs.
<br />q) Equipment that has removed or altered serial numbers.
<br />r) Cosmetic damage however caused to Your Equipment,
<br />including marring, scratching, changes in color due to
<br />natural or artificial light, and denting, unless such cosmetic
<br />damage results in loss of functionality or unless limited
<br />cosmetic damage is specified in the Schedule of Covered
<br />Equipment section of this Contract.
<br />s) Normal wear, stains, cuts, scratches or any damage to
<br />upholstery or surface finishes.
<br />t) Coverage does not include rentals or any costs associated with
<br />rental equipment.
<br />u) Normal periodic or preventive maintenance, adjustment,
<br />modification, or servicing or anything the Equipment
<br />Manufacturer deems as a preventative maintenance item.
<br />Please refer to the Manufacturer’s warranty or owner’s
<br />manual for preventative maintenance items.
<br />v) Accessories or add-on items sold separately including, but
<br />not limited to, standalone computers, laptops, monitors,
<br />shelving systems/racks, that are not listed in the Schedule
<br />of Covered Equipment section of this Contract.
<br />w) Cost of component parts not covered by the
<br />Manufacturer’s warranty, or any non-operating / non-
<br />power-driven part, including, but not limited to plastic
<br />parts or other parts such as accessory cables, batteries
<br />(except as may be otherwise stated in this Contract),
<br />connectors, cords, fuses, keypads, plastic body or molding,
<br />switches, light shields, light bulbs, filters, O-rings,
<br />handpiece and vacuum tubing, water bottles and wiring.
<br />x) Liability or damage to property, or injury, or death to any
<br />person arising out of the operation, maintenance, or use of
<br />the Equipment.
<br />y) Any cost arising as a result of the failure of any item that is
<br />intended to be a consumable item.
<br />z) Any Claim where Your original Invoice had not been
<br />provided if asked.
<br />aa) Any Claim for the restoration of software or data, or for
<br />retrieving data from Your Equipment.
<br />bb) Any loss, damage, liability, or expense directly or indirectly
<br />caused by or contributed to, or arising from, the use or
<br />operation, as a means for inflicting harm, of any computer,
<br />computer system, computer software program, malicious
<br />code, computer virus or process or any other electronic
<br />system.
<br />cc) Any Claim or benefit under this Contract to the extent the
<br />provision of such coverage or payment of such Claim, or
<br />provision of such benefit would expose Us or Administrator
<br />to any sanctions, prohibition, or restriction under U.S.
<br />economic or trade sanctions, or other applicable law.
<br />dd) Any Repair(s) performed in conflict with the “Special
<br />Jurisdictional Requirements” section of this Contract.
<br />Docusign Envelope ID: A6A79380-F992-4605-AD65-69E9820B20A1
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