The terms and conditions contain a binding arbitration provision that requires the submission of all disputes to final and binding arbitration in accordance with the provisions set forth in the arbitration section.
THIS PLAN (HEREINAFTER REFERRED TO AS THE "PLAN") IS A LEGAL CONTRACT BETWEEN YOU AND DIRT CHEEP (AS HEREINAFTER DEFINED). IT REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US THROUGH BINDING AND INDIVIDUAL ARBITRATION AND LIMITS OUR LIABILITY TO YOU. PLEASE READ THIS PLAN CAREFULLY AND COMPLETELY. IF YOU DO NOT AGREE WITH ANY OF ITS PROVISIONS, DO NOT PURCHASE OR USE THE SERVICES OFFERED BY THIS PLAN.
Obligor: The company obligated under the Plan in the state of Georgia is Stone Road LLC, whose address is 2415 South Cobb Dr Smyrna GA 30080, telephone 770-433-0196.
Instructions: You must keep this Plan and the sales receipt for this product; they are integral parts of this Plan and you may be required to produce them to obtain service. This Plan, including the terms, conditions, limitations, exceptions and exclusions, and the sales receipt containing the term of this Plan, commencement date and product identification, constitute the entire agreement between you and us.
Definitions: Throughout this Plan the words (1) “we,” “us,” “our” and “Dirt Cheep”: refer to Stone Road LLC, the company obligated under this Plan, as indicated in the Obligor section above; (2) “you” and “your”: refer to the individual who purchased the product(s) and this Plan, or the approved transferee; (3) (4) “product”: refers to the consumer item(s) which you purchased concurrently herewith and which is (are) covered by this Plan, as indicated on the sales receipt; (5) “breakdown”: refers to the mechanical or electrical failure of the product caused by (a) defects in workmanship and/or materials, (b) normal wear and tear, (c) power surges, and (d) unintentional or accidental damage from handling (“ADH”) as a result of normal use; and (6) “price” or “purchase price”: refers to Dirt Cheep’s original selling price at the time of purchase inclusive of special discounts and coupons applied at the time of purchase.
Certain components of your product may be covered by the manufacturer for the life of the covered product and, therefore, are not covered under this Plan.
What Is Covered: During the term of the Plan, this Plan covers parts and labor costs to repair or replace the product (as determined in our sole discretion), in the event the product experiences a breakdown which is not covered by any other insurance policy, manufacturer’s warranty or service contract. Coverage includes, but is not limited to: reasonable use of products; volume pedals, internal power supply, power meters and switches, LED and LCD displays, and pickups, mechanisms and electrical parts connected to sliders, pots, faders, jacks and knobs. This Plan also covers wooden cracks (excluding finishes) in guitars and drums that affect playability or sound, and defects to the headstock, neck or body of guitars caused by defects in workmanship and/or materials. You must cover the cost of transporting your product to the service center for repair or replacement. We may repair the product or replace it with a product of like kind and quality that performs to the factory specifications of the original product, or we may at our sole discretion issue you a Dirt Cheep gift card or check for the price of your product, including sales tax, as indicated on your sales receipt. Non-original manufacturer’s parts of like kind and quality may be used for repair of the product, as determined in our sole discretion.. Any replacement product purchased with funds as a result of a claim being paid under the terms of this Plan will require the purchase of a new Plan in order for the newly purchased replacement product to be covered.
Term of Coverage For New and Used Products: The term of your Plan commences upon your date of purchase and continues for the period indicated on your sales receipt. Coverage is concurrent with the expiration of the manufacturer’s warranty, if any warranty is valid. Most used merchandise is not covered under a manufacturer warranty. This Plan is inclusive of the manufacturer’s warranty; it does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. After the manufacturer’s warranty expires, the Plan continues to provide some of the manufacturer’s benefits as well as certain additional benefits listed within the Plan’s terms and conditions. If we provide you with a Dirt Cheep gift card or a check for the price of your product, including sales tax, as indicated on your sales receipt, we shall have satisfied all of our obligations under this Plan. In the event your product is being serviced by an authorized service center when this Plan expires, the term of this Plan will be extended until the repair has been completed.
Limit of Liability: For any single claim, the limit of liability under this Plan shall be the least of the cost of (1) the purchase price of the covered product, including sales tax, (2) authorized repairs not to exceed the purchase price of the covered product, including sales tax, (3) replacement of the covered product with a Dirt Cheep gift card or check equal to the purchase price, including sales tax, or (4) reimbursement for repairs or replacement authorized in advance by the manufacturer. Upon replacement of the covered product or repairs up to the cost of the covered product, including sales tax, we shall have fulfilled all of our obligations under this Plan. To the extent a claim is covered under a manufacturer’s warranty, you shall first submit the product for repair or replacement to the manufacturer in accordance with your manufacturer’s warranty terms prior to seeking repair or replacement under this Plan.
No-Lemon Policy: After three (3) service repairs have been completed during the term of this Plan on the same component of an individual product, and that product component requires a fourth repair, as determined by us, we may replace it with a Dirt Cheep gift card or check equal to the purchase price, including sales tax, as indicated on your sales receipt. Upon replacement we shall have fulfilled all of our obligations under this Plan.
How It Works: Bring your item to the Dirt Cheep store location at 2415 South Cobb Drive, Smyrna GA 30080 to process your claim. If your product experiences a breakdown for any reason during the return policy period, you must return the product to the Dirt Cheep store location. If your product experiences a breakdown after the return policy period, contact Dirt Cheep and you will be advised on how to proceed with getting your product repaired or replaced. If your product is covered by the manufacturer’s warranty when you experience a breakdown for any reason, the manufacturer may repair or replace your product and return it to you.
We may require you to provide the original sales receipt in order for a claim to be processed. If appropriate, we will issue a return authorization number (“RA#”) and advise you on how to proceed with having your product replaced by us or assisting you with returning your product to the manufacturer as outlined above. You must write the RA# on the outside of the package. Products shipped without the RA# may be refused. You will pay for the cost of shipping the product to our authorized service center for replacement, or to the manufacturer if your product experiences a breakdown for any reason other than those covered by this Plan. Either me or the manufacturer, as applicable, will pay for shipping back to you. All claims must be reported before the expiration of this Plan.
International Service: International service is not available at this time.
Manufacturer’s Responsibilities: Parts and services covered during the manufacturer’s warranty period are the responsibility of the manufacturer.
Deductible: There is no deductible required to obtain service for your product.
Renewal: This Plan may be renewed at our sole discretion for additional cost by calling 770-433-0196 where we can process an in-store or online renewal for you.
Transferability: This Plan is transferable by the original purchaser for the balance of the original term of the Plan upon registration. The product must be registered by the new owner by mailing information to Dirt Cheep, including the Plan reference number, date of new ownership, and new owner’s name, complete address and telephone number.
Subrogation: If we pay a claim which makes you whole, we may require you to assign us your rights of recovery against others. We will not pay a claim if you impair these rights to recover. Your rights to recover from others may not be waived.
Trade-in: If the product is traded in, coverage under this Plan will be canceled and does not transfer to different merchandise.
Moving: In the event you move or relocate, please contact us so we may update your account address.
Replacement Products: We may, at our sole discretion, replace your product with a new, remanufactured or refurbished product, or a product of like kind and quality that performs to the factory specifications of the original product.
WHAT IS NOT COVERED UNDER THIS PLAN:
(1) INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES, ANY DELAY IN RENDERING SERVICE UNDER THIS PLAN, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS AT AN AUTHORIZED SERVICE CENTER OR OTHERWISE AWAITING PARTS;
(2) ANY AND ALL PRE-EXISTING CONDITIONS OF THE PRODUCT;
(3) DAMAGE FROM ABUSE, MISUSE, MISHANDLING, BATTERY LEAKAGE, EXTREME HEAT, IMPROPER POWER SUPPLY, INTRODUCTION OF FOREIGN OBJECTS INTO THE COVERED PRODUCT, FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS, AND EXTERNAL CAUSES INCLUDING FIRE, COLLISION, VANDALISM, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER CONDITIONS, WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE, FLOOD, WATER AND ACTS OF GOD;
(4) ACCESSORIES, EXPENDABLES AND SUPPLIES USED IN CONJUNCTION WITH THE COVERED PRODUCT, INCLUDING ANTENNAS, STYLUSES, AUDIO/VIDEO DISCS, TAPES, COMPUTER SOFTWARE OR SOFTWARE DISCS, CHARGERS, EXTERNAL POWER SUPPLIES, SPEAKERS SOLD SEPARATELY, DRUM STICKS, VACUUM TUBES, CABLES, AND BULBS;
(5) PREVENTIVE MAINTENANCE, INCLUDING BUT NOT LIMITED TO HYDRATION, DRYING, CLEANING, POLISHING AND REPAIRING FINISHES, OR LOSS RESULTING FROM FAILURE TO OBTAIN THE MANUFACTURER’S RECOMMENDED INSPECTIONS OR MAINTENANCE;
(6) BREAKDOWNS WHICH ARE NOT REPORTED PRIOR TO THE EXPIRATION OF THIS PLAN;
(7) COST OF INSTALLATION, SETUP, DIAGNOSTIC CHARGES, REMOVAL OR REINSTALLATION OF THE PRODUCT;
(8) NON-FUNCTIONAL OR AESTHETIC PARTS, INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, KNOBS, SCRATCHES, PEELING AND DENTS;
(9) UNAUTHORIZED REPAIRS AND/OR PARTS, PRODUCT MODIFICATIONS OR ALTERATIONS;
(10) PRODUCT REPAIRS THAT ARE COVERED BY THE MANUFACTURER’S WARRANTY OR A MANUFACTURER’S RECALL, REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS;
(11) WARPING OR RUSTING OF ANY KIND TO THE HOUSING OF THE PRODUCT;
(12) ANY DAMAGE CAUSED BY A COMPUTER VIRUS;
(13) ANY DAMAGE TO RECORDING MEDIA, INCLUDING ANY SOFTWARE PROGRAMS, DATA OR CONFIGURATION/SETUP INFORMATION RESIDENT ON ANY MASS INTERNAL/EXTERNAL STORAGE DEVICES AS A RESULT OF THE MALFUNCTIONING OR DAMAGE TO AN OPERATING OR NON-OPERATING PART, OR AS A RESULT OF ANY REPAIRS OR REPLACEMENT UNDER THIS PLAN;
(14) PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS;
(15) LOSS OR CORRUPTION OF DATA AND/OR THE RESTORATION OF SOFTWARE AND OPERATING SYSTEMS;
(16) ITEMS NORMALLY DESIGNED TO BE PERIODICALLY REPLACED BY YOU OR CONSUMED DURING THE LIFE OF THE PRODUCT, INCLUDING BUT NOT LIMITED TO BATTERIES, CARTRIDGES, LIGHT BULBS AND DRUM HEADS ETC.;
(17) LOSS OR DAMAGE DUE TO INCORRECT CONNECTION OF SIGNAL LEADS OR INCORRECT ELECTRICAL SUPPLY, FAILURE OR IMPROPER USE OF ANY ELECTRICAL SOURCE, OR ELECTRICAL CONNECTION TO OTHER PRODUCTS NOT RECOMMENDED FOR INTERCONNECTION BY THE MANUFACTURER OF THE PRODUCT; AND
(18) SERVICE WHERE NO PROBLEM CAN BE FOUND.
Cancellation: You may cancel this Plan at any time for any reason by surrendering it or providing written notice to us at the address in the Obligor section above. This Plan may be canceled by us for fraud, material misrepresentation, failure to pay consideration or unauthorized repair or replacement of covered equipment, by notifying you in writing at least thirty (30) days prior to the effective date of cancellation, which notice shall state the effective date and reason for cancellation. If this Plan is canceled by you within thirty (30) days of the receipt of this Plan, you shall receive a full refund of the price paid for the Plan, less the cost of any service received. After (30) days no refunds are available.
Arbitration: Most of your concerns about the Plan can be addressed simply by contacting us at 770-433-0196. In the event we cannot resolve any dispute with you, you and Dirt Cheep agree to resolve those disputes through binding and individual arbitration instead of through courts of general jurisdiction. The arbitration shall be administered by a qualified arbitrator selected by Judicial Arbitration and Mediation Services, Inc. in accordance with the Commercial Arbitration Minimum Standards. The arbitrator is bound by the terms of this Plan and shall decide all issues and the arbitrator's award will consist of a written statement stating the disposition of each claim. You agree to waive the right to a trial by jury and waive the right to participate in class actions or other representative proceedings. This arbitration provision does not preclude you from pursuing remedies that may be available to you under this Plan in small claims courts within the county of your legal residence, or to the attention of federal, state or local agencies or entities who may be able to seek relief on your behalf. This arbitration provision shall survive termination of the Plan.
Hey, thanks for taking time to read this. Really.