[Sony Xperia Z Ultra] CAL7:
Sony "Protection Plus" - one time repair??

I purchased a "Sony 2 Yr Protection Plan w/ADH" when I bought my phone, about 14 months ago. Now, it has developed a digitizer problem (large dead spot) that requires repair. Contract details if anyone wants to read them:

We would like to thank you for purchasing a Sony Protection PLUS plan. A contract is now in place, and registration has been completed based on the information shown above for your extended service plan coverage.

Below we have included the contract information and the Terms and Conditions, which will provide you with detailed information about your Extended Service Plan coverage.

Confirmation Number: 000XX000XXXXX00X0000X0X000XXXXXX000X00X

Model Number: SNYUSAssignments

Extended Service Plan SKU: PPSMP2A03

Extended Service Plan Description: 2 Yr Protection Plan w/ADH

Plan start date: 10/07/2014

Plan end date: 10/07/2016

If you have any questions, please feel free to contact us at 1-855-766-9777, Monday – Friday, 5:00 a.m. – 9:00 p.m. PT, Saturday – Sunday, 6:00 a.m. – 5:00 p.m. PT.

Thank you once again for your purchase, and we hope you have a wonderful experience with your product and the Protection PLUS Plan.

Sincerely,

The Sony Protection PLUS Team

Protection PLUS Service Plan + Accidental Damage

[ESC - SONY CONSUMER ELECTRONICS PROTECTION PLAN]

1. The Contract.

These Terms and Conditions govern the hardware service and/or replacement service provided to you for the Sony branded product (“Product”) listed on your proof of purchase (“Proof of Purchase”). Your “Contract” includes these Terms and Conditions and your Proof of Purchase. The provider contractually obligated to you under the terms of this Contract (“Provider”) is Federal Warranty Service Corporation, [P.O. Box 105689, Atlanta, GA 30348-5689], [1-877-881-8578] in all states except in Florida, where the Provider is United Service Protection, Inc., [11222 Quail Roost Drive, Miami, FL 33157], [1-877-881-8578]; and in Oklahoma, where the Provider is Assurant Service Protection, Inc. [P.O. Box 105689, Atlanta, GA 30348-5689], [1-866-266-9459]. Although Sony Electronics, Inc., [16530 Via Esprillo, Bld 1 San Diego, CA 92127] (“Sony”) is not the Provider, and this Contract is between you and the Provider, Sony is the administrator of this Contract and when you need service you should call Sony at [1-855-766-9777]. This Contract is not related to nor an extension of your manufacturer’s warranty, and instead includes only these Terms and Conditions and Proof of Purchase. This Contract is not a contract of insurance. Unless otherwise regulated under state law, the contents of this Contract should be interpreted and understood within the meaning of a "Service Contract" in Public Law #93-637.

2. What is Covered.

The available coverages are listed below. The coverage you purchased will be indicated on your Proof of Purchase.

2.1. Hardware Coverage

This Contract provides coverage for Product hardware failures due to defects in workmanship and/or materials, including power surge while properly connected to a surge protector. You may be asked to provide your surge protector for examination to validate a claim. Your Contract may provide for repairs or, depending on the Product, replacement coverage only. For PC customers, this Contract provides for one replacement of a factory installed rechargeable battery over the life of the Contract. Sony may use non-original manufacturer parts or re-manufactured parts for the repair.

2.2. Accidental Damage

You may also purchase optional coverage for failures due to accidental damage from handling (“ADH”), such as drops or spills that arise from normal handling and use of the Product. ADH coverage only applies to operational or mechanical failure caused by an accident from handling that is the result of an unexpected or unintentional external event that arises from your normal daily usage. If the Product is replaced, all obligations owed under this Contract will have been satisfied.

ADH coverage does not protect you in the cases of (a) theft, loss, misplacement, war, terrorism, fire, abuse, a willful or intentional act, (b) alteration or modification of the Product in any way, (c) damage caused by failure to perform manufacturer’s recommended operating instructions/standards or recommended maintenance, (d) cosmetic damage (e.g., scratches or dents) that does not prevent the proper functionality or use of the Product.

3. If You Need Service

If you need service during the Coverage Term, Sony will either (a) repair the defect, or failure due to ADH, using new or refurbished parts, (b) exchange the Product as a repair solution with an authorized replacement Product that may be new or refurbished, of like quality and functionality (c) replace the Product with an authorized replacement Product that may be new or refurbished, of like kind, quality and functionality not to exceed the purchase price of the Product; or (d) provide you with an amount equal to the purchase price of the Product less any sales tax, shipping, and service claims previously paid. Sony will try to match specific replacement preferences such as equipment color, cosmetics, or features, but this is not guaranteed.

If your Product is un-repairable and Sony replaces your Product, upon receipt of your Product by Sony, the replacement Product will be shipped to you. When you receive the replacement Product, the originally covered Product will become Sony ‘s property. If the Product is un-repairable and Sony replaces the Product all obligations owed under this Contract will have been satisfied.

If your Product is repairable and Sony exchanges your Product as a repair solution, upon receipt of your Product, the exchange Product will be shipped to you. When you receive the exchange Product, the originally covered Product will become Sony’s property. If the Product is repairable but Sony chooses to exchange the Product as a repair solution, this Contract will continue to provide coverage on the exchange Product for the remainder of your Contract coverage.

In the event that you are provided a replacement Product prior to your return of the originally covered Product, a hold on your credit card for an unrecovered equipment fee will be required (“Unrecovered Equipment Fee”). If you do not return your Product within 15 days after receipt of your replacement Product, the Unrecovered Equipment Fee will be processed. Upon timely receipt by Sony of your Product, the hold will be removed. If you do not provide a credit card authorization for the Unrecovered Equipment Fee, you will be shipped a box with a pre-paid postage label to deliver your original Product prior to providing a replacement Product.

If your Product fails three (3) times due to the same part failure, upon the fourth service request for the same part failure, Sony will replace the failed Product with an authorized replacement Product, which may be new or refurbished, of like kind, quality and functionality not to exceed the original retail purchase price of the Product. Replacement of the Product will satisfy all obligations owed under this Contract.

4. How to Get Service.

Call Sony at [1-855-766-9777] Monday to Friday, 5:00 a.m.–9:00 p.m. PST, Saturday and Sunday, 6:00 a.m.–5:00 p.m. PST. All service will be provided by Sony or Sony’s authorized service providers. If you purchased on-site service, but due to special circumstances (such as environmental or technical requirements, if your Product has failed due to ADH, repairs cannot be made on-site, or you are located more than fifty (50) miles from an authorized service provider), this Contract will cover the shipping cost of your Product to an authorized service provider. Sony will inspect the Product and validate that the reported failure is covered under this Contract. If the failure is not covered, you will be responsible for covering the cost of repair at that time or the Product will be returned to you.

5. Coverage Term.

Coverage may begin either on the date of Product purchase or the date of Product shipment (if purchased online) and will end after the expiration of the term listed on your Proof of Purchase (“Coverage Term”). This Contract provides benefits during and in addition to Sony’s manufacturer limited warranty; it does not replace Sony’s manufacturer limited warranty, but provides certain additional benefits during the term of the Sony manufacturer limited warranty. There is no obligation to renew this Contract.

6. Your Responsibilities.

To receive service under the Contract, you agree to:

A. have your Contract number and Proof of Purchase available if requested;

B. provide information about the symptoms and causes of any issues with the Product;

C. respond to requests for information such as Product serial number, model number, any peripheral devices connected or installed on the Product, any error messages displayed, actions taken before the Product experienced the issue and steps taken to resolve the issue;

D. maintain the Product in accordance with the service requirements from Sony under ts manufacturer limited warranty, including care and operating instructions/standards or recommended maintenance provided in the user guide;

E. protect the Product from further damage and operate the Product in accordance with the instructions/standards listed in the user’s guide;

F. back up your data and software before services are performed and remove any and all sensitive data from the Product prior to service. Sony is not responsible for any loss of your data under any circumstances. The contents of your Product may be deleted and the hard drive and/or storage media reformatted in the course of service. All Product settings will be returned to the original Sony default settings. All Product firmware (if applicable) will be updated to the latest official Sony version at the time of service.

G. make your Product accessible to the authorized service provider if your Product is installed within custom cabinetry or in a custom unit;

H. provide a non-threatening and safe environment to the call agent and the authorized service provider and ensure the presence of an adult at the time of scheduled on-site service, and reasonably allow the authorized servicer to perform the appropriate service;

I. provide notice of any defect or deficiency in service within ninety (90) days of discovery;

J. notify Sony if your address changes.

7. Cancellation.

You may cancel this Contract at the location of purchase. If you cancel within the first sixty (60) days of purchase, you will be refunded the full Contract price, less the cost of any repairs made, except as otherwise required by law. If you cancel your Contract after sixty (60) days from the date of purchase, you will receive a pro-rata refund. The effective date of cancellation is the date Sony receives your request for cancellation. We reserve the right to cancel this Contract at any time in the event of fraud or material misrepresentation by you. If we cancel this Contract, you will be provided with a written notice at least thirty (30) days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for cancellation. You will receive a refund of the unearned pro-rata Contract price, less any claims paid, except as otherwise required by law.

8. What is Not Covered.

This Contract does not cover:

A. coverage, components, or products unless sold under a single SKU or “built-to-order,” TV stands or wall mounts, de-installation or re-installation of wall mounted TVs and other products, or inaccessible products;

B. consumable items such as non-factory-installed batteries, printer cartridges, bulbs, screen protectors, accessory cables, removable data storage devices;

C. any repair covered by Sony’s manufacturer’s limited warranty repairs noted in service bulletins and offered by Sony free of charge, repairs initiated by Sony under the manufacturer’s limited warranty or under a recall program, costs associated with Sony’s recommended normal maintenance under the manufacturer’s limited warranty;

D. unauthorized repairs;

E. failures of components such as cabinets, frames, masks, finish defects, glass windows, scratched lenses, cases, bags, accessories purchased with the Product, docking stations;

F. damage or failures caused by conditions beyond our control such as wiring, power supply, rust, corrosion, infestation, negligence, modifications, abuse, misuse, acts of God, power surge where no surge protector was in use, failure to follow Sony’s recommended maintenance, improper installation, non-factory-installed batteries, problems with phone lines;

G. defects that existed prior to this Contract purchase;

H. loss or damage to recording media, software or data, computer viruses, software defects or software-generated problems, software added by you that is not original to the Product;

I. shipping damage to Products by the shipper or resulting from inadequate packaging by you;

J. theft;

K. monitor or screen imperfections, including image burn-in, minor pixel issues that do not affect the overall viewing of the panel;

L. accidental or intentional damage, cracked or damaged monitor, laptop or display screens (except for covered repairs due to ADH if purchased by you);

M. intentional, consequential or incidental damage or gross neglect, including abusive or willful mishandling;

N. data stored on disk drives or other memory devices;

O. normal wear and tear, loss, war, terrorism, or misplacement

P. cleaning of your Product (internal and external);

Q. shipping cost of any Product located outside of the United States of America and U.S. Territories.

9. Contract Transfer.

You can assign your Contract to another person by contacting Sony.

10. Arbitration.

Read the following Arbitration provision carefully. It limits certain of your rights, including your right to obtain relief or damages through court action.

Should a dispute arise related to this Contract or the coverage of your Product pursuant to this Contract, you agree that such dispute shall be decided via binding Arbitration. To begin Arbitration, either you or we must make a written demand to the other party for Arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of these AAA's Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019, calling (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out Arbitration will be shared equally between you and us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration. Unless you and we agree, the Arbitration will take place in the county and state where you live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and not any state law on Arbitration. YOU AGREE AND UNDERSTAND THAT this Arbitration provision means that you give up your right to go to court on any claim covered by this provision. You also agree that any Arbitration proceeding will only consider your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering your claims. Please refer to the State Disclosures section of this Contract for any added requirements in your state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, you and we specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between you and us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.

YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

The problem is that Sony is telling me verbally that I get "one bite at the apple" for a claim. In other words, my warranty expires upon their one-time fix to this problem.

I sure don't see that in the terms. Has anyone else had that experience? Thank you.