Damage Protection Plan

OptiCam Damage Protection Plan

Limited Warranty

Terms and Conditions

 

Please read this Protection Plan carefully as it explains what your Protection Plan covers, your rights and obligations, how to file a claim, and our obligations.  This Protection Plan also contains an agreement to arbitrate certain disputes and other important information regarding your legal rights, remedies, and obligations. Please note that unless an item, system, or component (including any parts) is specifically identified as covered by this Protection Plan, it is not covered. Please refer to the exclusions, restrictions, and limitations in this Protection Plan for more detail.

 

OptiCam Lens (“OptiCam”) provides this Protection Plan/Limited Warranty during the applicable Protection Period in accordance with the terms, conditions and limitations herein.

 

OptiCam Lens 

 

 

1. DEFINITIONS

 

“Administrator” shall mean Ameripol Staffing located at 2600 N. Military Trail, Suite 248, Boca Raton, FL 33431 with a telephone number:  314-528-4460 

 

“Commercial Use” shall mean a vehicle which is used or maintained (whether in whole or in part) for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the commercial transportation of people or property.  

 

“Coverage Amount” shall mean the maximum aggregate protection amount that we will pay for all covered claims during the Protection Period. 

 

“Coverage Start Date” shall mean the date when coverage starts under this Protection Plan and is determined by the date of registration by an authorized OptiCam dealer. 

 

“Deductible” shall mean Your applicable insurance deductible, if any.

 

“Normal Road Use” shall mean the operation of personal vehicles on public roads or United States highways at lawful speeds and excludes Commercial Use, off-road use, competition or track use.

 

“Protection Period” shall mean three (3) years from the date of registration of the installation of OptiCam product(s) by an authorized OptiCam dealer

 

“We”, “Us” and “Our” shall mean OptiCam Lens as obligor of this Protection Plan.  You may reach Us at – 314-528-4460  or  by email at damageprotectioninquiries@opticamsystem.com

 

“You” and “Your” shall mean the individual or entity who purchased and owns a vehicle covered by the OptiCam Protection Plan or the individual or entity to whom this Protection Plan was properly transferred in accordance with these Terms and Conditions. 

 

2. YOUR RESPONSIBILITIES 

 

In order to receive the benefits of your Protection Plan, you must do the following:

 

1. Ensure that the installation of the OptiCam product was registered with OptiCam by your dealer or the installer and that you received and retained your OptiCam Damage Protection Plan Claim Card. As an original purchaser, you should have received an email confirmation from OptiCam upon registration. If you have not, please check with your dealer to ensure they register your purchase with OptiCam. (Please note that Your dealer must register Your Protection Plan with OptiCam for this Protection Plan to be valid. By your dealer entering Your information into OptiCam’s registration system, You further consent to allow OptiCam to share the VIN number of your vehicle and installation date with Carfax.)

 

2. Retain and provide Us with a complete copy of proof of purchase if requested. You can provide such proof of purchase at the time You make a claim. 

 

3. Properly maintain, clean, care and/or use Your OptiCam product according to the OptiCam Product Care Instructions, and if Your OptiCam product becomes damaged, You must take necessary steps to protect against any further damage. If We determine that any loss or damage has occurred as a direct result of Your failure to comply with any of the foregoing, Your claim will be denied.

 

4. In the event of a claim, You must notify Us as soon as possible and provide all requested information. You must also timely file a claim under any potentially applicable insurance policies, including, without limitation, Your auto insurance.

 

3. COVERAGE TERMS

This Protection Plan applies to OptiCam film that has been installed by an authorized dealer on sensors or cameras in NEW vehicles manufactured or sold within eighteen (18) months of the installation date.  During the Protection Period, We will reimburse You for charges to repair, or if We determine, in Our sole discretion, that the product is not repairable, replace any such sensors or cameras (including reasonable labor charges) sustaining damage because of impact from rocks or road debris during Normal Road Use, subject always to the Coverage Amount and the terms, conditions, and limitations herein. You may file a maximum of three (3) claims under this Protection Plan. The Protection Period under this plan shall be three (3) years from the date of registration of the installation of the OptiCam product by authorized OptiCam dealer.  

During the Protection Period, if your sensor or camera with OptiCam film is damaged because of impact from rocks or road debris during Normal Road Use, we will pay you the lesser of the following, subject to a maximum aggregate Coverage Amount of $5,000.00.  

[1] the base cost of your OptiCam protected camera or sensor (including reasonable labor to repair/replace)

Or

 

[2] any applicable insurance Deductible

(Note: OptiCam requires proof of payment from your insurance company prior to paying your Deductible.) 

 

For the avoidance of doubt, under no circumstances is the amount to be paid under this Protection Plan to exceed the Coverage Amount.

 

4. EXCLUSIONS

 

This Protection Plan does not provide coverage for damages caused by, related to, or arising out of the following:

 

1. Normal wear and tear;

 

2. Commercial Use;

 

3. Static impacts, such as, without limitation, children playing with balls while the vehicle is not in motion that impact the sensor or camera or any other impacts that occur while the vehicle is parked or not in motion;

 

4. Any and all pre-existing conditions that occur prior to the Coverage Start Date;

 

5. Natural flaws or inherent design or manufacturer’s defects;

 

6. Intentional damage;

 

7. Chemicals, acids, or similar items;

 

8. Lost, stolen or irretrievable items;

 

9. Any claim which is fraudulent or includes material misrepresentations of facts;

 

10. Secondary or collateral damage;

 

11. Interior screens/cameras (such as dash navigation screens) and radar sensors;

 

12. Except as otherwise provided, maintenance, service, repair or replacement necessitated by loss or damage resulting from any cause other than Normal Road Use or normal storage and operation of the vehicle in accordance with the manufacturer’s specifications and owner’s manual;

 

13. Exposure to weather conditions, improper electrical/power supply, improper equipment modifications, add-on products or accessories, attachments or installation or assembly, vandalism, animal or insect infestation, corrosion, battery leakage, acts of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes) or any other acts of god or conditions beyond Your or Our reasonable control;

 

14. Accumulation, including, without limitation, damage from any repeated use or gradual buildup of dirt, dust, oils or similar, such as hair and body oils, perspiration or darkened bodily contact areas;

 

15. Improper care, negligence, neglect, intentional acts, misuse or abuse of the products; any repair, replacement or handling of the products other than as recommended or authorized by the manufacturer and/or Us; or any failure to comply with the manufacturer’s warranty;

 

16. Abrasive cleaning methods, products or materials;

 

17. Defects due to the installation, assembly or installation of the protected product;

 

18. Damage caused by transit, delivery, redelivery, removal or reinstallation of the product, or the product being moved between different locations or into or out of storage, including damage caused by packing or unpacking of the product;

 

19. Except as otherwise provided, “cosmetic damage,” defined as any damage or change to the physical appearance of a product that does not impede or hinder its normal operating function as determined by Us, such as surface scratches, abrasions, peelings, dents, kinks, changes in color, texture, or finish or similar conditions;

 

20. OptiCam products installed on vehicles with altered serial numbers;

 

21. Manufacturer defects or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);

 

22. OptiCam products purchased in a private sale (e.g. flea market, yard sale, estate sale, Craigslist) by a non-authorized dealer;

 

23. A product that is no longer in Your possession or vehicle no longer registered to You;

 

24. Any failure, damage, repairs or loss that is covered under any other protection plan, warranty, service plan or insurance; and

 

25. Damage resulting from collision with a vehicle, animal or object.

 

5. MAKING A CLAIM 

 

To make a claim under the OptiCam Damage Protection Plan in the United States,provide the information requested online at the link above.   You may be directed to a specialist selected by OptiCam to have your product inspected, if necessary. If your claim is covered, OptiCam will contact you to confirm the remedy. Please retain your Claim Card as it must be presented upon request to receive service.   If you have questions please email damageprotectioninquiries@opticamsystem.com  or write to Opticam Damage Protection at  4824 Park 370 Blvd Hazelwood, MO 63042

 

 

6. LIMITATION OF LIABILITY

 

If You have sensors or cameras covered under this Protection Plan, the total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Protection Plan or the total value of claims made pursuant to this Protection Plan shall not exceed the Coverage Amount of $5,000.00.  In the event that We make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of like kind, quality and functionality or a replacement product of like kind, quality and functionality, then We will have no further obligations under this Protection Plan. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES IN TORT, PROPERTY DAMAGE, BODILY INJURY,  LOST TIME OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

 

7. TRANSFER OF PROTECTION PLAN

This Protection Plan may be transferred at no charge by notifying OptiCam via email at damageprotectioninquiries@opticamsystem.com or by evidencing current ownership of the vehicle at time of claim.

8. CANCELLATION 

We may cancel this Protection Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by You or for any reason on forty-five (45) days’ written notice to You.  If We cancel Your Protection Plan, You will receive a pro rata refund of the purchase price of the OptiCam solution paid to your dealer. This pro rata refund will not apply if this plan was transferred to You. 

9. NOT INSURANCE

THIS IS NOT AN INSURANCE CONTRACT.  Our obligations under this Protection Plan are guaranteed under an insurance policy issued by CRUM INSURANCE,  

10. ENTIRE CONTRACT

This Protection Plan gives you specific legal rights, and You may also have other rights which vary from state to state.  Unless amended pursuant to state law or revised by Us with at least thirty (30) days advance written notice to You, this Protection Plan sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms and conditions.

11. ARBITRATION

Please read this arbitration provision carefully. It affects Your rights. Most of Your concerns about this Program can be addressed simply by contacting Us at 314-528-4450. . In the unlikely event We cannot resolve any disputes, including any claims under the Protection Plan, that You or We may have, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS ARBITRATIONS AND CLASS ACTIONS.

12. OTHER LIMITATIONS

This Protection Plan gives you specific legal rights, and you may also have other rights which vary from state to state. 

All other implied warranties and conditions, including but not limited to the implied warranty or condition of merchantability, the implied warranty or condition of fitness for a particular purpose, and any implied warranty or condition arising out of a course of dealing or of performance, custom or usage of trade, are limited in duration to the applicable Protection Plan time period. Some states’ jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.