Orange County NC Website
<br />NWS-HSI-HSP4 (03-25) Page 6 of 7 <br /> <br />GENERAL PROVISIONS <br />A. We may subcontract or assign performance of Our obligations to third parties, but We shall not be relieved of Our obligations to <br />You when doing so. <br />B. The failure or delay of any party to enforce any provision hereunder shall not constitute a waiver of any such right. If any provision <br />of this Contract should be declared invalid, illegal or unenforceable under any applicable law, such invalidity, illegality or <br />unenforceability shall not affect any other provisions of this Contract and all other terms and conditions of this Contract shall remain <br />in full force and effect. <br />C. You expressly consent to be contacted in connection with this Service Contract, at any telephone number, or physical or electronic <br />address You provide Us or the Administrator. All notices or requests pertaining to this Contract shall be in writing and may be sent <br />by any reasonable means including by mail, email, text message or recognized commercial overnight courier. Notices to You are <br />considered delivered when sent to You by email to an email that You provided to Us or the Administrator, or seven (7) days after <br />mailing to the street address You provided. <br />D. Subject to the “Special Jurisdictional Requirements” section, this Contract shall be governed by and construed in accordance with <br />the laws of the state in which You purchased the Covered Equipment, without reference to conflicts of laws principles. You <br />irrevocably submit to the jurisdiction and venue of the federal and state courts sitting in such state for the purpose of any suit, action <br />or proceeding arising out of this Contract. You hereby irrevocably waive any and all defense to the jurisdiction and venue of the <br />aforesaid courts, including without limitation a motion to dismiss venue and the defense of an inconvenient forum to the maintenance <br />of any such suit, action or proceeding. <br />E. There is no informal dispute settlement process available under this Contract. <br />ENTIRE AGREEMENT <br />This Service Contract, including the Invoice, terms and conditions, limitations, exceptions and exclusions, constitute the entire agreement <br />between Us and You and no representation, promise or condition not contained herein shall modify these items, except as required by <br />applicable law. <br />SPECIAL JURISDICTIONAL REQUIREMENTS <br />Regulation of commercial service contracts varies based on state of purchase and Seller location. Any provision within this Service <br />Contract that conflicts with the laws of the state in which this Contract was purchased (or where applicable, the state in wh ich <br />You are located), shall automatically be considered modified in conformity with such enforceable laws and regulations, and the <br />language set forth below for such state shall supersede any other provision within this Contract to the contrary. <br />Connecticut <br />The following disclosure statement is added to this Service Contract: In the event of a dispute with the Us or the Administrator, You <br />may contact The State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written <br />complaint must contain a description of the dispute, the purchase or lease price of the Covered Equipment, the cost of repair of the <br />Equipment and a copy of the Contract. <br />The Cancellation section is amended to include: This Service Contract may be canceled by You if the Covered Equipment under this <br />Contract is returned, sold, lost, stolen or destroyed. <br /> <br />Florida <br />The Service Contract Reimbursement Insurance Policy section is deleted and replaced with the following: This is not an insurance policy; <br />it is a Service Contract. <br />The following disclosure statement is added to this Service Contract: The rates charged to You for this Contract are not subject to <br />regulation by the Florida Office of Insurance Regulation. <br /> <br />Georgia <br />The following disclosure statement is added to this Service Contract: This Contract will be interpreted and enforced according to the <br />laws of the state of Georgia. <br />The Cancellation Your Right To Cancel section is amended to include: A ten percent (10%) penalty per month shall be added to a refund <br />that is not paid or credited within forty-five (45) days after the cancellation of the Service Contract. <br />The Cancellation Our Right To Cancel section is amended as follows: The Provider may only cancel this Service Contract for fraud by <br />You, material misrepresentation by You, or nonpayment by You. <br /> <br />Idaho <br />The Service Contract Reimbursement Insurance Policy section is deleted and replaced with the following: This is not an insurance policy; <br />it is a Service Contract. We have obtained a service contract reimbursement insurance policy to insure Our performance under this <br />Contract. Should We fail to pay any Claim or fail to Replace the Covered Equipment under this Contract within sixty (60) days after the <br />Claim has been submitted, or in the event You cancel this Contract and We fail to refund any unearned portion of the Contract price, <br />Docusign Envelope ID: A6A79380-F992-4605-AD65-69E9820B20A1