12-Month Eyewear Guarantee Terms and Conditions for Arizona ONLY
WALMART 12-MONTH EYEWEAR REPLACEMENT GUARANTEE
TERMS AND CONDITIONS
Please read these Terms and Conditions carefully so that you understand your coverage under the Walmart 12-Month Eyewear Replacement Guarantee (referred to hereinafter as the “Plan”). This Plan is a legal contract between you and Walmart Inc. (or a Walmart Inc. affiliate depending on your state of residence as indicated in the State Specific Notices and Variations Section), 702 SW 8th Street Bentonville, AR 72716-0215 (“We”, “Us”, “Our” or “Walmart”), the company obligated to perform the services provided under this Plan.
WHAT IS COVERED. This Plan covers the cost of repair or replacement of your frames or lenses, within twelve (12) months of the date of purchase, due to the breakage of the frames or damage to the lenses (accidental or from preexisting manufacturer’s defect), including severe scratching of the center of vision of the lenses. We maintain the sole right to determine whether the broken frames or damaged lenses will be repaired or replaced. We may use non-original manufacturer’s parts for repairs. If we determine that the frames or lenses cannot be repaired and the same type of frames or lenses are not available, we will replace your frames or lenses with a product of like kind or quality.
THIS PLAN DOES NOT COVER NORMAL WEAR AND TEAR, INCLUDING HAIRLINE SCRATCHES; LOST OR STOLEN EYEWEAR; INTENTIONAL OR PURPOSEFUL DAMAGE; OR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
TO OBTAIN COVERAGE/SERVICE. To obtain repair or replacement of your broken frames or damaged lenses you must return your eyewear to a Walmart Vision Center along with the receipt of purchase. No deductibles or co-pays are required under the Plan.
TERM OF COVERAGE. Coverage under this Plan extends for twelve (12) months from your date of purchase as indicated on your receipt of purchase. Coverage under this Plan is non-renewable.
NON-TRANSFERABLE. This contract and the coverage and rights provided hereunder are non-transferable.
CANCELLATION. You may cancel this Plan at any time for any reason by providing notice to the Walmart Vision Center from which it was purchased. If the Plan is cancelled within thirty (30) days of the date of purchase, or you return your purchased eyewear to Walmart within the 60-day satisfaction period, you will receive a full refund of the purchase price of the Plan, provided that no repair or replacement under the Plan has been provided. If You cancel this Plan after thirty (30) days from the date of purchase and have not returned your purchased eyewear to Walmart within the 60-day satisfaction period, You will receive a pro-rata refund based on the time remaining on Your Protection Plan less the cost of any services received. Any refund owed and not paid or credited to You within thirty (30) days of cancellation shall include a ten percent (10%) penalty for each month that the refund is not paid or credited.
PLAN NOT INSURANCE. This Plan is not an insurance policy. Our obligations as the provider under this Plan are backed only by the full faith and credit of Walmart and are not guaranteed under any insurance policy.
ARBITRATION AGREEMENT. Please read this section carefully. It affects your rights under this Plan. We should be able to resolve any issues you may have with this Plan by contacting us at (800) WAL-MART. In the event that We cannot resolve any dispute, YOU AND WE AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR BREACH THEREOF, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD OR OTHERWISE SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE TO WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS ARBITRATIONS AND CLASS ACTIONS. This arbitration agreement shall survive termination of the Plan and, as a transaction in interstate commerce, is governed by the Federal Arbitration Act. This section is intended to be interpreted broadly to include any dispute You may have with Us that arises from or relates in any way to the Plan.
To initiate arbitration, you must first send written Notice of Claim by certified mail to: Legal Department, 702 SW 8th Street Bentonville, AR 72716-0215. The Notice of Claim must describe the dispute and the relief requested. If We do not resolve the dispute within 30 days of receipt of the Notice of Claim, You may initiate arbitration with the AAA. You may obtain a free copy of the AAA rules and forms at www.adr.org or by calling 1-800-778-7879. We will reimburse you for any filing fees you pay to the AAA. If You are unable to pay a filing fee, We will pay it if You send Us written request. The arbitration shall be conducted by the AAA in accordance with the Consumer Arbitration Rules (“Rules”). The arbitrator shall be bound by the terms of this section and shall decide all issues relating to this Agreement with the exception that the issue of enforceability of this section may be decided by a court.
STATE SPECIFIC NOTICES AND VARIATIONS
For residents of AL, CT, DE, FL, GA, IN, KY, MA, MD, ME, MI, MO, MS, NC, NH, NJ, NM, NY, OH, OK, PA, RI, SC, TN, VA, VT, WI, and WV, the contracting party for this Agreement is Wal-Mart Stores East, LP, and the second sentence of the first paragraph of this Agreement is replaced with the following: This Plan is a legal contract between you and Wal-Mart Stores East, LP, 702 SW 8TH St Bentonville, AR, 72716-6299 (“We”, “Us”, “Our” or “Walmart”), the company obligated to perform the services provided under this Plan.
ARIZONA: Any arbitration occurring under this Plan shall be voluntary, mutually agreed upon and occur in a location agreed upon by both parties. In the event of a dispute with the provider of this Plan, You also have the right to file a complaint with the Arizona Department of Insurance and Financial Institution at difi.az.gov or by calling 1-602-364-2499.
ARKANSAS: For residents of AR, the contracting party for this Agreement is Wal-Mart Stores Arkansas, LLC, and the second sentence of the first paragraph of this Agreement is replaced with the following: This Plan is a legal contract between you and Wal-Mart Stores Arkansas, LLC, 702 SW 8TH St Bentonville, AR, 72716-6299 (“We”, “Us”, “Our” or “Walmart”), the company obligated to perform the services provided under this Plan.
CALIFORNIA: For California residents, the Cancellation provision is amended as follows: If the Plan is cancelled within sixty (60) days of the date of purchase, or you return your purchased eyewear to Walmart within the 60-day satisfaction period, you will receive a full refund of the purchase price of the Plan, provided that no repair or replacement under the Plan has been provided. If You cancel this Plan after sixty (60) days from the date of purchase and have not returned your purchased eyewear to Walmart within the 60-day satisfaction period, You will receive a pro-rata refund based on the time remaining on Your Protection Plan less the cost of any services received.
CONNECTICUT: For Connecticut residents, the following section is added: Resolution of Disputes. In the event of a dispute a written complaint may be mailed to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn. Consumer Affairs. The written complaint must contain a description of the dispute, the purchase or lease price of the product, the cost of repair of the product and a copy of the warranty contract.
FLORIDA: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation.
LOUISIANA: For residents of LA, the contracting party for this Agreement is Wal-Mart Louisiana, LLC, and the second sentence of the first paragraph of this Agreement is replaced with the following: This Plan is a legal contract between you and Wal-Mart Louisiana, LLC, 702 SW 8TH St Bentonville, AR, 72716-6299 (“We”, “Us”, “Our” or “Walmart”), the company obligated to perform the services provided under this Plan.
NEVADA: You may contact us toll-free at 1-800-WAL-MART with questions regarding claim services. If You are not satisfied with the manner in which We have handled Your claim under this agreement, You may contact the Nevada Division of Insurance toll-free at 1-888-872-3234.
NEW HAMPSHIRE: In the event You do not receive satisfaction under this Plan, you may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301; telephone number: 1-603-271-2261.
OREGON: For Oregon residents, to the extent that any term of the Arbitration Agreement conflicts with Oregon’s Uniform Arbitration Act, the provisions of Oregon’s Uniform Arbitration Act shall control. Any arbitration occurring under this Plan shall be voluntary, mutually agreed upon and occur in a location agreed upon by both parties. Any award rendered shall be a nonbinding award against you.
PUERTO RICO: For residents of Puerto Rico, the contracting party for this Agreement is Wal-Mart Puerto Rico, Inc., and the second sentence of the first paragraph of this Agreement is replaced with the following: This Plan is a legal contract between you and Wal-Mart Puerto Rico, Inc., 702 SW 8TH St Bentonville, AR, 72716-6299 (“We”, “Us”, “Our” or “Walmart”), the company obligated to perform the services provided under this Plan.
SOUTH CAROLINA: In the event of a dispute with the provider of this Plan, you may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201 or by phone at (800) 768-3467.
TEXAS: For Texas residents, the contracting party for this Agreement is Wal-Mart Stores Texas, LLC, and the second sentence of the first paragraph of this Agreement is replaced with the following: This Plan is a legal contract between you and Wal-Mart Stores Texas, LLC, 702 SW 8TH St Bentonville, AR, 72716-6299 (“We”, “Us”, “Our” or “Walmart”), the company obligated to perform the services provided under this Plan. Unresolved complaints concerning Us or questions concerning the regulation of service contract providers and administrators may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-6599 or (800) 803-9202.
UTAH: Coverage provided under this Plan is not guaranteed by the Utah Property and Casualty Guaranty Association. This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.
VIRGINIA: If any promise made in this Plan has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs to file a complaint.”
WASHINGTON: For Washington residents, any arbitration proceedings under the Arbitration Agreement of this Plan shall be held at a location in closest proximity to Your permanent residence.
WISCONSIN: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. The laws of the state of Wisconsin shall govern all matters arising out of or relating to this Service Contract. Arbitration is non-binding. Under no circumstances shall a legal proceeding be filed in a federal, state or local court until such time as both You and We first address Our disagreement in an arbitration proceeding and obtain an arbitration award pursuant to this arbitration provision.
WYOMING. For Wyoming residents, to the extent that any term of the Arbitration Agreement conflicts with Wyoming’s Arbitration Act, the provisions of Wyoming’s Arbitration Act shall control. At the time of any disagreement, the parties may mutually agree to submit any matters of difference to arbitration by executing a separate written agreement. Any arbitration proceeding shall be conducted within the state of Wyoming.