Kmart
Kmart Smart Plan


Terms and Conditions

This is a legal contract (referred to hereinafter as the “Plan”). By purchasing it, you understand that it is such a contract and acknowledge that you have had the opportunity to read the terms and conditions set forth herein. The obligations under this Plan are backed by the full faith and credit of the Provider.

This is not a contract of insurance.



Provider: The Company obligated under the Plan is Sears Protection Company (PR), Inc. whose address is 9410 Los Romeros Avenue, San Juan, PR 00925.

Definitions: (1) we, us, our or Provider: the company obligated under the Plan, as referenced above; (2) Kmart: the seller of the Plan; (3) breakdown: the mechanical or electrical failure of the product caused by (i)defects in workmanship and/or materials, (ii) normal wear and tear, and (iii) power surges; (4) product: the consumer item which you purchased concurrently with and is covered by the Plan; (5) you and your: the individual who purchased the product and the Plan or the individual to whom the Plan was transferred to as per these terms and conditions.

Instructions: You must keep this Plan and the sales receipt for the product; they are integral parts of the Plan and you may be required to produce them to obtain service or replacement. The Plan, including the terms, conditions, limitations, exceptions, exclusions, the receipt identifying the coverage purchased, the length of the Plan, commencement date and product identification constitute the entire agreement between you and us.

To Fulfill the Terms of this Plan or Make a Claim: Call 1-855-44-Kmart (1-855-445-6278). Hours of operation are; Monday–Friday 8-9pm EST, Saturday 8:30-8pm EST & Sunday 11-8pm EST. You must call prior to having service or receiving a replacement product; all repairs must be authorized in advance. Unauthorized repairs may not be covered. Foreign language assistance is available for your convenience. Repairs and replacements will be performed at our discretion.

REPLACEMENT PLAN:

Term of Coverage for Electronics, Watches and Jewelry: This Plan coverage commences on the thirty-first (31st) day after the date of product purchase and is effective for a period of one (1) or two (2) years.

Term of Coverage for Outdoor Power Equipment: This Plan coverage commences upon the expiration of the manufacturer’s labor warranty and is effective for a period of one (1) year or two (2) years.

What Is Covered: This Plan provides for the replacement of the covered product that experiences a breakdown with a replacement product of comparable performance or the issuance of a voucher, gift card, or a check, equal to the original product purchase price as indicated on your sales receipt, including sales tax. For Watches, this Plan covers the band, case, clasp, crown, cracked crystal, inner movement and stem. Where the breakdown is limited to a watchband or strap, we may elect to replace either the complete watch or the band, at our discretion. Parts will be replaced with those of like kind and quality, and may be new or remanufactured. Non-original manufacturer’s parts may be used for repair of the Product, if the manufacturer’s parts are unavailable.

How it Works: If your product experiences a breakdown during the first thirty (30) days, return it to Kmart for an even exchange. If your product experiences a breakdown after day thirty (30), call 1-855-44-Kmart (1-855-445-6278) to process your claim in accordance with the terms and conditions of this Plan or go to www.Ksmartplan.com. Shipping and handling of the product to and from the service center for replacement will be provided by us.

SERVICE PLAN:

Term of Coverage for Electronics: This Plan coverage commences upon expiration of the shortest portion of the manufacturer’s warranty period and is effective for a period of one (1) or two (2) years, depending on the term purchased.

Term of Coverage for Watches and Jewelry: This Plan coverage commences on the thirty-first (31st) day after the date of product purchase and is effective for a period of one (1) or two (2) years, depending on the term purchased.

Term of Coverage for Outdoor Power Equipment: This Plan coverage commences upon the expiration of the manufacturer’s labor warranty and is effective for a period of one (1) year or two (2) years depending on the term purchased.

What is Covered: This Plan provides for the parts and labor costs for a covered product that experiences a breakdown. This Plan also provides for pixel repair based upon the manufacturer’s guidelines. We will either provide for the repair of your product or reimburse you for authorized repairs to the product.

Enhanced Service Plan Coverage:
For Electronics, the following enhanced coverage is included:
  • Repairs necessary for the product to meet the manufacturer’s written specifications.
  • Repair or replacement of remote controls.
For Watches and Jewelry, the following enhanced coverage is included:
  • Broken chain, bracelet link or clasp - chipped, cracked and scratched gemstones.
  • Broken, worn or bent prongs.
  • Permanently misshapen or dented jewelry.
  • Cracked or thinning ring bands.
  • Irreparable kinks or knots in chain.
  • Gouges or discoloration.
  • Broken earring posts.


How it Works: If your product experiences a breakdown, call 1-855-44-Kmart (1-855-445-6278) to process your claim in accordance with the terms and conditions of this Plan or go to www.Ksmartplan.com. If in-home service is provided for the full term of your manufacturer’s warranty, you will not be responsible for delivery or the cost of delivery of the product to the service center for service. If in-home service is not provided, unless otherwise noted, shipping and handling of the product to the service center for service will be provided by the provider. Non-original manufacturer’s parts may be used for repair of the product if original parts are unavailable or more costly. If we determine that we cannot service your product as specified in this Plan, We may replace it with a NEW, REMANUFACTURED, OR A PRODUCT OF LIKE KIND AND QUALITY THAT PERFORMS TO THE FACTORY SPECIFICATIONS OF THE ORIGINAL PRODUCT or we may at our discretion issue you a gift card or check for the original purchase price of that product, including taxes, as indicated on your sales receipt. Non-original manufacturer’s parts may be used for repair of the product if the manufacturer’s parts are unavailable or more costly.

No Lemon Policy: After three (3) service repairs have been completed on an individual product, for the same defect, and that individual product requires a fourth (4th) repair, as determined by us, we will replace it with a product of comparable performance not to exceed the original purchase price, or issue a voucher, gift card, or a check, equal to the original product purchase price as indicated on your sales receipt, including sales tax. Replacement products may be new or rebuilt to meet the manufacturer’s specifications of the original product at our discretion. Technological advances may result in a replacement product with a lower selling price than the original product. Preventative maintenance checks, cleanings, product diagnosis and customer education are not considered repairs for the purposes of the No Lemon Policy.

Limit of Liability: For any single claim, the limit of liability under the Plan is the lesser of the cost of (1) authorized repairs, (2) replacement with a product with similar features, (3) reimbursement for authorized repairs or replacement or (4) the original product purchase price of the product. The total liability under this Plan is the original product purchase price you paid for the product; in the event that the total of all authorized repairs exceeds the original product purchase price paid for the product or we replace the product with another of like kind and quality, we shall have satisfied all obligations owed under this Plan.

WHAT IS NOT COVERED: (1) INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST BUSINESS, LOSS OF PROFITS, DOWN-TIME AND CHARGES FOR TIME AND EFFORT; (2) REPAIR OR REPLACEMENT CAUSED BY “PRE-EXISTING CONDITIONS” OR DEFECTS THAT EXISTED PRIOR TO THIS PLAN; (3) DAMAGE FROM ACCIDENT, ABUSE, MISUSE, INTRODUCTION OF FOREIGN OBJECTS INTO THE PRODUCT, UNAUTHORIZED PRODUCT MODIFICATIONS OR ALTERATIONS, FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS, TAMPERING WITH PRONGS, BEZELS OR OTHER ELEMENTS DESIGNED TO SECURE DIAMONDS OR GEMSTONES; (4) ACCESSORIES AND SUPPLIES TO BE USED IN CONJUCTION WITH THE COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO BATTERIES, KNOBS, BAGS, BELTS; (5) ACTS OF GOD; (6) PREVENTATIVE MAINTENANCE OR PERIODIC CHECK-UPS DIRECTED BY THE MANUFACTURER; (7) INHERENT PRODUCT DEFECTS, FLAWS IN GEMSTONES; (8) LOSS OF CENTER STONES; (9) PRODUCTS USED FOR COMMERCIAL PURPOSES; (10) DAMAGE WHICH IS NOT REPORTED WITHIN THIRTY (30) DAYS AFTER EXPIRATION OF THE PLAN; (11) LOSS OR DAMAGE TO STORED DATA, REPAIRS RELATED TO INSTALLED SOFTWARE, COMPUTER VIRUSES OR COMPUTER HARDWARE WHICH IS ADDED AFTER THE ORIGINAL PURCHASE; (12) LOSS AND/OR THEFT OF THE PRODUCT; (13) CRACKED OR PHYSICALLY DAMAGED SCREENS; (14) DAMAGE COVERED BY ANY OTHER WARRANTY OR SERVICE PLAN; (15) ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE PRODUCT; (16) UNAUTHORIZED REPAIRS AND/OR PARTS; (17) LOSS OF USE DURING THE PERIOD THE COVERED PRODUCT IS BEING REPAIRED OR OTHERWISE AWAITING PARTS, OR IS BEING REPLACED; (18) DAMAGE OR LOSS FROM FAILURE TO OBTAIN INSPECTIONS REQUIRED BY THE ORIGINAL MANUFACTURER’S WARRANTY; (19) ANY FAILURES, OR PARTS AND/OR LABOR COST INCURRED AS A RESULT OF A MANUFACTURER’S RECALL; (20) COST OF PREVENTATIVE MAINTENANCE, OR DAMAGES CAUSED BY IMPROPER PREVENTATIVE MAINTENANCE; (21) SEIZED OR DAMAGED PARTS RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, RESULTING FROM USING CONTAMINATED OR IMPROPER LUBRICANTS; RESULTING FROM USING STALE, CONTAMINATED, OR IMPROPER FUEL; OR RESULTING FROM FREEZING OR OVERHEATING; (22) PRODUCTS WITH SAFETY FEATURE(S) REMOVED, BYPASSED, DISABLED OR ALTERED; (23) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE PRODUCT; (24) CLEANINGS AND ALIGNMENTS UNLESS OTHERWISE NOTED; AND (25) PRODUCTS LOCATED OUTSIDE THE UNITED STATES AND PUERTO RICO.

Free Transferability: The Plan may be transferred to a subsequent owner of the product at no additional charge. There are no restrictions provided your Plan is valid. To transfer, call 1-855-44-Kmart (1-855-445-6278). Information provided by you must include the Plan number, date of transfer, new owner’s name, complete address and telephone number.

Cancellation: This Plan can be cancelled by you at any time for any reason by surrendering or providing written notice to Kmart at the address where you purchased this Plan. You may also cancel this Plan by surrendering it or providing written notice to: Cancellation Services, PO Box 2570, High Point, NC 27263.

If the Plan is cancelled: (a) within thirty (30) days from the receipt of this Plan or prior to the expiration of the shortest portion of the manufacturer’s warranty on the covered product (whichever occurs last), excluding warranties covering component parts you shall receive a full refund of the price paid for the Plan, provided no service has been performed, or (b) If the Plan is cancelled after thirty (30) days from the receipt of this Plan but prior to the expiration of the manufacturer’s warranty on the covered product we will determine the refund as follows: (1) we will determine the pro-rated amount of premium and (2) we will multiply sixty-five dollars ($65.00) by each year that the Plan has been in effect prior to the expiration of the manufacturer’s warranty which gives us a Result. If the pro-rated amount of premium is greater than the Result we will retain the Result and refund the remaining premium. If the pro-rated amount of the premium earned is less than the Result, we will retain the pro-rated amount of premium earned and refund any remaining amount. If the Plan is cancelled after thirty (30) days and the manufacturer’s warranty has expired you will receive a pro rata refund, less the cost of any service received. A 10% penalty per month shall be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for refund. This Plan shall be cancelled by us for fraud or material misrepresentation, including but not limited to commercial or rental use. Unauthorized repair or replacement of covered equipment shall result in the cancellation of this Plan by Us. In the event of cancellation by us, written notice of cancellation shall be mailed to you not less than sixty (60) days before cancellation is effective.

No Deductibles: No deductibles apply to the Plan.

Renewal: The Service Plan may be renewed at our discretion by calling 1-855-44-Kmart (1-855-445-6278). Replacement Plans are not renewable. Jewelry and Watch coverage is not renewable.