NOAH GABRIEL & CO. JEWELERS

Service Plan Terms & Conditions

            THESE SERVICE PLAN TERMS & CONDITIONS (the “Service Plan”) is entered into this ___day of __________, 202_ (the “Effective Date”), by and between NOAH GABRIEL & CO. JEWELERS and the undersigned client listed below.

NOW, THEREFORE, in consideration of the mutual covenants and premises set forth herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be legally bound the parties hereby agree as follows:

1.                  Definitions.

(a)               “Merchandise” shall mean the Merchandise identified on Your sales receipt as covered by the Service Plan.

(b)               “Plan” means this Service Plan.

(c)               “Plan Price” means the purchase price for the Plan as shown on Your sales receipt.

(d)               “We”, “Us” and “Our” means Noah Gabriel & Co. Jewelers, 12063 Perry Hwy, Wexford, PA 15090, (724) 935-5070. We are the party obligated to provide services to You under the Plan.

(e)               “You” or “Your” means the original client who purchased the Merchandise or original receiver of the Merchandise, in the case of a gift, covered by the Plan.

2.What is Covered. The Plan will provide repairs or replacement necessary to maintain Your jewelry under normal conditions. In consideration of Your payment of the Plan Price, We will furnish labor and parts necessary to maintain the Merchandise in a usable and wearable condition, provided such service is necessitated by Merchandise wear and tear during normal usage of the Merchandise under the conditions for which it was designed.  The Plan coverage includes, but is not limited to, the following services, subject to the other terms and conditions of the Plan: Ring sizing, refinishing and polishing, earring repair, chain soldering, resetting Your diamonds and gemstones. All Repairs shall be completed by Us or by such other repair center of Our choice. Parts may be replaced with others, including non-original manufacturer’s parts, of like kind and quality. Select Merchandise design or materials may not allow for repair; however, that Merchandise may be eligible for a one-time replacement as outlined below. Any replacement Merchandise We provide You under this Plan will be new Merchandise with equal or similar features and functionality, but not necessarily the same item, as the replaced Merchandise. Replacement Merchandise is not covered under this Plan; however, a new Service Plan may be purchased on the new item. Any engraving or custom work on the replaced Merchandise is not covered by this Plan and must be re-done at Your expense. In order to obtain coverage under the Plan, You must give Us the Merchandise to be serviced or replaced as described in Section 6 below.

3.                  What is Not Covered. THIS PLAN ONLY COVERS PRODUCT FAILURE DUE TO A MANUFACTURING DEFECT AND DOES NOT EXTEND TO DAMAGE DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, DAMAGE CAUSED BY MISUSE, ABUSE, UNAUTHORIZED REPAIRS OR ALTERATIONS MADE BY YOU TO THE COVERED MERCHANDISE OR ACTS OF GOD. LOSS OF THE MERCHANDISE RESULTING FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THEFT OR MYSTERIOUS DISAPPEARANCE IS NOT COVERED UNDER THIS PLAN. IF YOU PURCHASE THIS PLAN AFTER YOU PURCHASE THE COVERED MERCHANDISE, THIS PLAN DOES NOT COVER PRE-EXISTING CONDITIONS IN THE COVERED MERCHANDISE THAT OCCURRED AFTER YOU PURCHASED SUCH MERCHANDISE AND PRIOR TO THE EFFECTIVE DATE OF THIS PLAN. IF YOU PURCHASE THE PLAN AFTER YOU PURCHASE THE MERCHANDISE, THE PLAN DOES NOT COVER PRE-EXISTING CONDITIONS IN THE MERCHANDISE THAT OCCURRED AFTER YOU PURCHASED THE MERCHANDISE AND PRIOR TO THE EFFECTIVE DATE OF THE PLAN. THE PLAN DOES NOT REPLACE, BUT SUPPLEMENTS, ANY OTHER WARRANTIES/GUARANTEES APPLICABLE TO THE MERCHANDISE. YOU MUST AND SHALL PERFORM ALL MAINTENANCE ON THE MERCHANDISE REQUIRED BY ANY APPLICABLE UNDERLYING WARRANTIES/GUARANTEES TO MAINTAIN THE MERCHANDISE IN USABLE AND WEARABLE CONDITION, AS PROVIDED IN SAID WARRANTIES/GUARANTEES. DAMAGE RESULTING FROM FAILURE TO COMPLY WITH RECOMMENDED SERVICES AND/OR MAINTENANCE UNDER SUCH WARRANTIES/GUARANTEES IS NOT COVERED BY THIS PLAN.

4.                  Limit of Liability. OUR TOTAL LIABILITY UNDER THIS PLAN IS THE PURCHASE PRICE PAID FOR THE MERCHANDISE AS SHOWN ON YOUR SALES RECEIPT. IN THE EVENT THAT THE TOTAL VALUE OF ALL AUTHORIZED SERVICES WE PROVIDE UNDER THE PLAN EXCEEDS THE PURCHASE PRICE OF THE MERCHANDISE, AS SHOWN ON YOUR SALES RECEIPT, OR IN THE EVENT OF OUR REPLACEMENT, WE SHALL HAVE SATISFIED ALL OBLIGATIONS OWED UNDER THE PLAN. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, NO MATTER WHAT THE CAUSE, INCLUDING DELAY IN RENDERING SERVICE UNDER THIS PLAN, OR LOSS OF USE DURING THE PERIOD THAT THE MERCHANDISE IS BEING REPAIRED OR OTHERWISE AWAITING PARTS.

5.                  No Deductible. You are not required to pay any deductible under the Plan.

6.                  What to do if Covered Merchandise Requires Service. To obtain authorized service under the Plan, the Merchandise must be taken to any of Our locations. In all cases, You must give Us the Merchandise to be serviced. Upon Our replacement of the Merchandise (a “Replacement”), the replaced Merchandise shall become Our property. This requirement applies to all in-store and online purchases of the Plan.

7.                  Your Obligations. You must provide the care and maintenance of the Merchandise as described in Section 3 above. You must maintain possession of a paid receipt, which will serve as identification of Plan purchase as well as identification of Merchandise covered.

8.                  Term. The term of the Plan shall commence from the date the Plan is purchased (as shown on Your sales receipt) and shall continue until Our limit of liability, as stated in Section 4, has been satisfied or, upon Our replacement of any Merchandise, this Plan shall automatically terminate with respect to such Merchandise. The Plan is void if the Merchandise is used as a trade-in toward another item; however, a new Service Plan may be purchased on the new item.

9.                  Cancellation. You may not cancel the Plan.  We may not cancel the Plan except for non-payment, fraud, material misrepresentation by You. Notice of cancellation by Us will be sent to You at least thirty (30) days prior to cancellation, and will state the effective date and reason for cancellation. If We cancel the Plan, You will receive a prorated refund of the Plan Price (based on an assumed duration of the Plan, solely for cancellation purposes, of five (5) years), less the value of any Plan services received.

10.              Limitation on Transfer. This Plan may not be transferred, and is only for the benefit of the original purchaser or gift recipient and all holders of this Plan are subject to the terms and conditions contained herein.

11.              Full Faith and Credit. Our obligations under the Plan are backed by Our full faith and credit. The Plan is not guaranteed under a service contract reimbursement policy. The Plan is not an insurance policy. The purchase of this Plan is optional.

12.              Entire Plan. This document, and to the extent referenced in this document, Your sales receipt, set forth the entire Plan between parties with respect to the Plan and no representation, promise or condition not contained herein shall modify these terms.

13.              Counterparts.  This Plan may be executed in any number of counterparts each of which shall be an original and all of such counterparts shall all together constitute but one and the same Plan.

14.              Governing Law.  Except as provided in Section 15, the validity and interpretation of this Agreement shall be construed in accordance with, and governed by the internal laws of the Commonwealth of Pennsylvania.

IN WITNESS WHEREOF, the parties hereto have executed this Service Plan as of the Effective Date printed on the sales receipt.