1. The Plan
The DISH Home Protection Plan (the “Plan”) is offered pursuant to the terms and conditions set forth herein. The Plan extends the terms of the Limited Warranty described in the User’s Guide included with your equipment only as specifically set forth herein. Please consult your User’s Guide for the terms and conditions of the Limited Warranty. Except as otherwise stated herein, EchoStar Satellite L.L.C. ("EchoStar" or "DISH Network"), is the obligor of the Plan. Any person who enrolls in this Plan shall be referred to herein as “You”.
This Plan is available to new and existing DISH Network customers who purchase or lease DISH Network hardware products. The Plan monthly fee of $5.99 includes coverage for up to 6 receivers. The Plan is only extended to the original customer who enrolled in the Plan and is non-transferable. You represent and warrant that the hardware for which you are seeking coverage are in proper operating condition at the start of the warranty coverage and that your DISH Network account is current and in good standing. No activation fee is required for customers purchasing the Plan for the first time.
3.What is Covered
The Plan covers repair or replacement of defects in materials or workmanship for DISH Network Direct Broadcast Satellite ("DBS") video hardware, remote controls, antennae, or switches that were i) purchased or leased by You, (ii) that are activated on your DISH Network programming account, and (iii) that are installed at your residential location (“Covered Product”). Your residence must be in an area where you can legally receive DBS transmissions from a DISH Network satellite. The Plan includes the following:
a. the cost of all labor and parts to repair or replace a defect in a Covered Product;
b. the cost of shipping for repair or replacement of a Covered Product;
c. priority technical service support by calling 1 (800) 333-DISH(3474), available 24 hours per day/7 days per week;
d. repair or replacement of power surge damage to your DISH Network video cabling;
e. in home service calls for a discounted price of $29 per call;
f. one free DISH Movers (if you relocate to an area where DISH Network programming is available, DISH Network will provide and install a new DISH 500 antenna and install your existing DISH Network receivers at no charge). Installation of a second DISH antenna required for international programming will be provided at a one time discounted fee in the amount of $50.
Defects include functional part failures within DISH Network hardware such as the receiver, antenna, remote control, and low noise block converter with integrated feed (“LNBF”). A Covered Product will be restored to normal condition as stated above only after it has failed during normal single-family household use. DISH Network, at its option, may require trouble-shooting of the product over the telephone or otherwise to verify any failure prior to repair or replacement. DISH Network, at its option, may replace your covered product with one of like kind and quality as determined by DISH Network. Parts used to repair defects may be new, remanufactured, or used, at DISH Network’s sole discretion.
4. Exclusions from Coverage
The Plan does not cover:
a. service, maintenance, repair, or replacement due to any loss resulting from usage other than normal usage and which is beyond DISH Network’s normal control such as: damage due to misuse, abuse, intentional acts, insect or other infestation, fire, water, foreign substances, organic materials, windstorm, hail, earthquake, theft, terrorism/war, negligence, riot, or acts of God;
b. installation and installation workmanship, if the installation was not performed by DISH Network, a DISH Network authorized technician, or a DISH Network authorized retailer;
c. installations not grounded in accordance with DISH Network standards;
d. external signal interference;
e. line of sight problems or restrictions;
f. pre-existing problems conditions re-installation and/or the re-connection of your product(s), if product replacement is shipped to You;
g. commercial or institutional use defined as any use other than single-family household use;
h. exterior or cosmetic items of the product, including, but not limited to, paint, finish, bezel, cords, cables, and connectors;
i. non-operating components of the product;
j. internal software, batteries, and components not essential to basic product functionality;
k. any component or product that has been opened, tampered with, repaired, or otherwise accessed by anyone other than an authorized DISH Network service representative or center;
l. repair of product(s) upon noncompliance of any part of these terms and conditions by You;
m. coverage, components, products, or items not specifically listed herein as a Covered Product;
n. service outside of DISH Network’s service area in the U.S.. Portions of Alaska are not covered (see Section 16 for Alaska Coverage areas), nor are Puerto Rico and the Virgin Islands;
o. any other electronic products, hardware or software including without limitation your television or equipment related to your television;
p. DISH Branded televisions/monitors;
q. installation parts and components not currently stocked by DISH Network, at DISH Network’s sole discretion;
r. non-DISH-Branded installation components, at DISH Network’s sole discretion;
s. damage which is reported after expiration of the coverage period
5.Customer’s Promises and Assurances: In order to maintain this Plan in force, You promise and assure:
a. full cooperation with DISH Network customer service agents and authorized service provider during diagnosis and repair of a Covered Product;
b. that the Covered Product is not used for business or commercial purposes;
c. that You will keep your account with DISH Network in good standing. d. to provide adequate access to a Covered Product during normal business hours;
e. to provide a non-threatening and safe environment for servicing;
f. to not mislead, defraud, or make any misrepresentation to DISH Network technicians and authorized service providers; g. to not falsify any related documents or records;
h. to fully disclose all relevant information and fully cooperate with DISH Network, its agents or service providers to troubleshoot the Covered Product.
6.Method of Service and Exchange
DISH Network, at its sole discretion, may either ship a replacement product to You or dispatch an authorized DISH Network service technician to your home for on-site trouble-shooting and repair of your product for a discounted in home service fee of $29.00 for each service call. Shipped Product Replacement: If product replacement is requested by a DISH Network Customer Service Representative, You will be required to return the defective product to the address provided to You by DISH Network. Shipping will be provided by DISH Network. If DISH Network has provided to You a replacement product and You fail to return the defective product to DISH Network, You will be assessed a fee for the cost of the product You failed to return. On-site service provided by an authorized DISH Network service technician: If DISH Network dispatches a service technician to your home, and DISH Network determines in its sole discretion the problem is not covered under this agreement, you may be assessed an additional fee for any required repairs.
7.Compliance with Applicable Building Codes and Ordinances
It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, covenants, conditions, and restrictions related to services provided under this agreement, to pay any fees or other charges, and obtain any permits or authorizations necessary for services provided under this agreement (collectively "Legal Requirements"). You are solely responsible for any fines or similar charges for service in violation of any applicable Legal Requirements.
8.Location and Availability of Service or Repair
Service will be provided at a designated DISH Network service facility during normal working hours and work week of the product service facility.
Your coverage begins on the date you enroll in this Plan and will continue on a month to month basis until cancelled by You or terminated by DISH Network. You may cancel this Plan at any time.
DISH Network will continue to bill You for your Plan on a month-to-month basis at the then-current price until you notify DISH Network of your desire to cancel. If the monthly purchase price of the Plan changes during the term of the Plan You will be notified prior to any change in price.
11.If You Need Assistance
P.O. Box 9033, Littleton, CO 80160. Please include your name and account number on all written correspondence.
12.Moving Your Covered Product to a New Location in the U.S. (DISH Movers)
You agree to notify DISH Network if the physical location of your primary receiver has changed to a new residential location. Please call 1-800-333-DISH (3474) to initiate this change. DISH Network will provide, one time per year, one free standard professional installation of your DISH Network equipment at your new residential location. Installation in Alaska is limited to ZIP codes listed in Section 16.
Terms of this Plan may not be modified, except in writing by DISH Network.
14.Service Plan Limitations
a. Non-Repairable Products: If DISH Network, in its sole discretion, determines that a Covered Product is not repairable, including when parts are no longer available, DISH Network may replace the product with a product of at least like kind, quality, and functionality. Unless otherwise precluded by law DISH Network shall be then excused from further performance of the Plan as to that affected product. The affected product remains the property of DISH Network.
b. Non-Original Equipment Manufacturer and Remanufactured Parts: Genuine factory parts will be used whenever possible, however, the use of non-original equipment manufacturer and remanufactured parts is allowed under this Plan.
c. Limitation of Liability: To the extent permitted by applicable law, the liability of DISH Network, if any, for any allegedly defective Covered Product or part shall be limited to repair or replacement of the product or part, at DISH Network’s option.
d. IN NO EVENT WILL DISH NETWORK BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING DIRECTLY OR INDIRECTLY TO THIS PLAN. IN NO EVENT SHALL ECHOSTAR’S LIABILITY, IF ANY, EXCEED THE PURCHASE PRICE PAID FOR THE SYSTEM OR EQUIPMENT.
e. THIS PLAN IS YOUR SOLE EXPRESS REMEDY WITH RESPECT TO THE COVERED PRODUCT(S). ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO WARRANTY IS PROVIDED AND NO GUARANTEE IS MADE WHATSOEVER FOR THE QUALITY OR CONTINUOUS TRANSMISSION OF ANY PROGRAMMING. THE FAILURE OF TRANSMISSION OF PROGRAMMING SHALL NOT ENTITLE YOU TO STOP MAKING PAYMENTS TO YOUR DISH NETWORK ACCOUNT.
f. This Plan is nontransferable.
This Plan shall be governed by the laws of the State of Colorado, and any action involving this Plan shall be subject to venue within the appropriate state or federal court in Colorado.
AK Residents - Coverage is only provided in certain ZIP codes in the Anchorage area. Those ZIP codes currently are:
YOU MAY HAVE OTHER RIGHTS AND REMEDIES UNDER YOUR STATE’S APPLICABLE LAWS WHICH MAY DIFFER FROM ANY REMEDY THAT MAY BE AVAILABLE UNDER THIS PLAN.
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99505 FORT RICHARDSON
99506 ELMENDORF AFB
99577 EAGLE RIVER
99652 BIG LAKE