Common use of Service Coverage Clause in Contracts

Service Coverage. Metris shall be responsible for the fulfillment of the contractual obligations to the Customer, either itself or through a third party underwriter, under each Extended Service Agreement from the date sold to a Customer by Fingerhut; provided however, the Merchandise covered under the Extended Service Agreement was received by the Customer in an undamaged state and that Metris has received the appropriate Net Price from Fingerhut for each Extended Service Agreement as required under Section 1.5. Fingerhut agrees to pay the Net Price. Upon payment of the Net Price by Fingerhut, Metris shall become contractually liable directly to the Customer and Metris will pay the full amount of any claim provided that such claim is within the terms of coverage of the Extended Service Agreement and the Extended Service Agreement is sold within a state in which Metris is legally authorized to fulfill such obligations. If Merchandise covered under the Extended Service Agreement is to be replaced, Fingerhut agrees to provide the Customer with such replacement product in accordance with Fingerhut's product replacement policies in effect from time to time. In such case, Metris shall reimburse Fingerhut for the cost of such product at Fingerhut's standard cost plus 20% to cover shipping and handling. Additionally, if Fingerhut repairs any Merchandise covered under the Extended Service Agreement, Metris shall reimburse Fingerhut for the cost of such repair. All such reimbursements shall be netted against any remittances required by Fingerhut under Section 1.5, on a monthly basis, provided detail supporting such reimbursement has been previously provided to and approved by Metris. Fingerhut and Metris shall, in good faith, mutually agree on the Sales Price of the Extended Service Agreement.

Appears in 1 contract

Sources: Extended Service Plan Agreement (Metris Companies Inc)

Service Coverage. Metris shall be responsible for the fulfillment of the contractual obligations to the Customer, Customer either for itself or through a third party underwriter, under each Extended Service Agreement from the date sold to a Customer by Fingerhut; , provided however, that the Merchandise to be covered under the Extended Service Agreement was received by the Customer in an undamaged state and that Metris has received the appropriate Net Price from Fingerhut for each Extended Service Agreement as required under Section 1.5state. Fingerhut agrees to pay the Net Price. Upon payment of the Net Price by Fingerhut, Metris shall become contractually liable directly to the Customer and Metris will pay the full amount of any claim provided that such claim is within the terms of coverage of the Extended Service Agreement and the Extended Service Agreement is sold within a state in which Metris is legally authorized to fulfill such obligationsAgreement. If Merchandise covered under the Extended Service Agreement is to be replaced, Fingerhut agrees to provide the Customer with such replacement product in accordance with Fingerhut's product replacement policies in effect from time to timeproduct. In such case, Metris shall reimburse Fingerhut for the cost of such product at Fingerhut's standard cost plus 20% to cover shipping and handling. Additionally, if Fingerhut repairs any Merchandise covered under the Extended Service Agreement, Metris shall reimburse Fingerhut for the cost of such repair. All such reimbursements shall be netted against any remittances required by Fingerhut under Section 1.5, on a monthly basis, basis provided detail supporting such reimbursement has been previously provided to and approved by Metris. Fingerhut and Metris shall, in good faith, faith mutually agree on the Sales Price retail sales cash price of the Extended Service Agreement. Metris shall only be obligated to fulfill such obligations in states that it is legally authorized to do so.

Appears in 1 contract

Sources: Extended Service Plan Agreement (Metris Companies Inc)

Service Coverage. Metris shall be responsible for the fulfillment of the contractual obligations to the Customer, either itself or through a third party underwriter, under each Extended Service Agreement from the date sold to a Customer by Fingerhut; provided however, the Merchandise covered under the Extended Service Agreement was received by the Customer in an undamaged state and that Metris has received the appropriate Net Price from Fingerhut for each Extended Service Agreement as required under Section 1.5. Fingerhut agrees to pay the Net Price. Upon payment of the Net Price by Fingerhut, Metris shall become contractually liable directly to the Customer and Metris will pay the full amount of any claim provided that such claim is within the terms of coverage of the Extended Service Agreement and the Extended Service Agreement is sold within a state in which Metris is legally authorized to fulfill such obligations. If Merchandise covered under the Extended Service Agreement is to be replaced, Fingerhut agrees to provide the Customer with such replacement product in accordance with Fingerhut's product replacement policies in effect from time to time. In such case, Metris shall reimburse Fingerhut for the cost of such product at Fingerhut's standard cost plus 20% xx% to cover shipping and handling. Additionally, if Fingerhut repairs any Merchandise covered under the Extended Service Agreement, Metris shall reimburse Fingerhut for the cost of such repair. All such reimbursements shall be netted against any remittances required by Fingerhut under Section 1.5, on a monthly basis, provided detail supporting such reimbursement has been previously provided to and approved by Metris. Fingerhut and Metris shall, in good faith, mutually agree on the Sales Price of the Extended Service Agreement.

Appears in 1 contract

Sources: Extended Service Plan Agreement (Metris Companies Inc)