11. PERIOD OF PROTECTION
Service under this Certificate of Protection will commence on the date of delivery of the furniture item(s), and will continue, subject to the terms set out in this Protection Plan Certificate, for the period specified on Customer Sales Invoice, inclusive of any supplier's warranty period. The supplier's warranty period will run concurrently with this Protection Plan.
12. SERVICE EXCLUSIONS
We will not pay the costs arising from:
12.1.1 Any stain or damage (structural or otherwise), caused;
12.1.2 Prior to or during delivery;
12.1.3 to protected items used for rental / sublet or commercial purposes, or furniture in storage or transit;
12.1.4 by or resulting from excessive force, misuse, mishandling, abuse, neglect, theft, violence or vandalism;
12.1.5 deliberately and intentionally;
12.1.6 by fire, fire damage, smoke, ash, flood, wind, lightning, oxidisation, or any other natural disaster;
12.1.7 by any other causes not specifically mentioned under “Service Inclusions”;
12.1.8 Damage or failure that is consistent with wear and tear or anything that happens gradually;
12.1.9 Failures, including but not limited to, noises, squeaks, etc., except for failures specifically listed under “Service Inclusions”;
12.2.1 Damage caused by insects, rodents, domestic and non-domestic animals or wild birds;
12.2.2 Lost buttons, studs or decorative elements;
12.2.3 Failure to comply with the manufacturers, suppliers, or Xtend’s use instructions;
12.2.4 Use of the furniture in a manner other than that intended by the manufacturer;
12.2.5 Loss of foam structure and / or resilience;
12.2.6 Failed repairs carried out under the manufacturer's warranty;
12.2.7 Repairs carried out by a technician not assigned by Xtend Product Protection;
12.2.8 Structural defects first discovered during the manufacturer’s warranty period;
12.2.9 Damage caused by structural problems, including, but not limited to, skylights, roofs, or water pipes;
12.3.1 Damage caused by appliance malfunctions, including, but not limited to, air conditioners and water heaters;
12.3.2 Damages caused by independent contractors, such as, but not limited to, maintenance personnel, painters, or other repair or contractor services;
12.3.3 Loss of any inner-spring resiliency (including body impressions), except for failures specifically listed in Section 5 “Service Inclusions”;
12.3.4 Odours originating from the covered items build or structure;
12.3.5 Service costs where having arranged for the attendance of a certified service provider they are unable to gain access to the product. In such instances you will be responsible for the cost of the service request to Xtend Product Protection before they will re-attend.
13. PROTECTION PLAN CONDITIONS
13.1 Duty of Care
The existence of this protection plan does not eliminate the need for you to maintain the protected item(s) to a reasonable standard as directed by the manufacturer and keeping the item(s) protected under this plan, clean and out of direct sunlight.
13.2 What to Do in the Event of an Incident
In the event of an incident, you must contact the Service Provider for instructions before attempting to repair the affected furniture.
13.3 Transfer of Protection Cover
This agreement is not transferable.
13.4 Renewal
This agreement is not renewable.
14. Arbitration
Save as otherwise specifically provided in this agreement, should any dispute of whatsoever nature arise out of or in connection with this agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this agreement or as the parties’ rights and/or obligations in terms of this agreement or in connection with any documents furnished by the parties pursuant to this agreement than either party shall be entitled to require, by written notice to the other, that the dispute be submitted to arbitration in terms of this clause and the arbitration laws for the time being in force in the Republic of South Africa.