Jewelry Tells a Story. Protect it for all it's worth!

Provider: Tapper’s Fine Jewelry, Inc. (“Tapper’s”) 6337 Orchard Lake Road, West Bloomfield, MI 48322

AGREEMENT:
The term ‘Tapper’s’ or ‘we’ or ‘us’ or ‘our’ refers to the Tapper’s Fine Jewelry, Inc., whose registered office is 6337 Orchard Lake Road, West Bloomfield, MI 48322-2336. The term ‘you’ or ‘your’ refers to the original purchaser of the Product(s) covered under this Tapper’s Care Plan (“Plan”).

THIS PLAN IS A SERVICE AND MAINTENANCE PLAN THAT COVERS:

JEWELRY: Restoration services required as a result of damage due to normal wear; such as: resetting of gemstones or diamonds; bent, broken or worn prongs; thinning or cracked ring shanks; broken clasps, bracelets or chains; broken or stretched pearl strands; broken earring backs or posts; gouges or discoloration; knotted or kinked bracelet and/or chains.

• Refinishing and polishing; rhodium plating white gold; and chain soldering.
• Replacement of cracked or chipped stones (including center stones).
• Replacement of missing side or accent stones.
• Ring soldering to another ring (does not include additions or enhancements to a covered ring).
• Cracked or thinning band or shank.
• Ring re-sizing.

WATCHES:

• Restoration services required as a result of breakage due to faulty workmanship or as a result of damage due to normal wear; such as: mechanism failure; crystal scratches or breaks; case or bezel damage.
• Rips or tears in leather or rubber watch strap up to one (1) time per 12-consecutive months from Plan purchase date.
• Dents on silver-tone, stainless steel, or metal watch bands up to one (1) refurbishment per 12-consecutive months from plan purchase date.
• Water damage to water-resistant watches.
• Battery replacement up to one (1) replacement per 12-consecutive months from plan purchase date.

This Plan is not a contract of insurance and does not replace normal casualty insurance coverage. Ask your insurance agent for details on coverage in the event of complete loss or accident outside the range of normal wear.

Coverage under the Plan will not replace or duplicate benefits available under any other existing product warranty. While any such warranty is in effect, any and all costs for parts, labor and/or shipping are the responsibility of manufacturer or designer and are not covered under this Plan. Non-original manufacturer’s parts may be used for repair of the product if the manufacturer’s parts are unavailable or more costly.

In no event shall we be liable for incidental, consequential or special damages or delays in rendering service under this Plan, or loss of use during the period that the merchandise is being repaired or otherwise awaiting parts. Parts may be replaced with others of like kind and quality.

USING YOUR TAPPER’S CARE PLAN:
Take the covered item to any Tapper’s Jewelry, Inc. retail location. If you’re unable to return it to a Tapper’s location, we will pay for the shipping costs required to ship your Product to and from one of our authorized service centers. At our sole discretion, in lieu of repair, we may provide you with a a replacement product up to the value as described in LIMIT OF LIABILITY section. Please visit www.tappers.com to find your nearest repair location.

MAINTENANCE AND INSPECTIONS:
You must ensure that all required care, maintenance, and inspection services specified in the Product’s original manufacturer’s warranty and/or owner’s manual are duly performed as and when required.

RECOMMENDED WEAR AND CARE:

• Do not put on your jewelry before you have applied hair and cosmetic products.
• Do not wear your jewelry to clean your house.
• Do not wear your jewelry to the gym, pool, hot tub, beach, or bed.
• Do not leave your jewelry in any type of jewelry cleaner for more than a few minutes.

LIMIT OF LIABILITY:
Your Tapper’s Care Plan coverage during the stated coverage period is limited to one of the following:

• Costs for Product repairs and/or services and shipping equal to the purchase price, including tax, for the Product.
• A one-time replacement of the Product with a product of like kind and quality.
• A one-time reimbursement up to the purchase price, including tax, of the Product. Once any of these limits have been met, our obligations under this Plan have been met and we shall have no further liability under this Plan. You are responsible for any amount that exceeds the Limit of Liability. Coverage under this Plan will not extend to any product replacement.

TRANSFER:
This Contract is non-transferrable and for the benefit of the original customer or receiver of the merchandise.

CANCELLATION:
You may cancel your Plan at any time.
If your cancellation request is within 30 days of the purchase date, you will receive a refund of 100% of the Plan price, less any costs for product repairs and/or services and shipping incurred by us for claims under the Plan.
We may cancel this Plan without notice under the following circumstances:

• We fail to receive full payment for the Plan purchase price.
• Fraud or material misrepresentation by you.
• Substantial breach of duties under this agreement by you in relation to the Product or its use.
In the event Tapper’s cancels your Plan, you will receive a pro-rata refund based upon the same criteria as outlined above.

EXCLUSIONS:
This Plan does not cover any failure, damage, repair or loss in connection with, or resulting from: (a) any and all pre-existing conditions that occur prior to the effective date of this Plan, including, without limitation, scratches or dents on pre-owned merchandise; (b) scratches on the watch bracelet or clasp that do not impede its functionality; (c) any claim for what is not a covered item or service as identified in this Plan; (d) any claim which has not received prior authorization from the provider; (e) repair, adjustment, manipulation, modification or any similar service to a component of the Product authorized by anyone other than Tapper’s; (f) inherent product defects; (g) flaws in diamonds or gemstones; (h) loss of diamonds, gemstones or any other parts of the Product unless such loss was caused by Tapper’s or a defect in workmanship or materials; (i) abuse, intentional or harmful, injurious or malicious acts, misuse, your negligence or intentional harm or mistreatment of the Product; (j) theft or loss of the Product while not in the possession of Tapper’s; (k) incidental or consequential damages; (l) any designer, manufacturer or retailer recall or rework order on the Product which any party other than Tapper’s is responsible for; (m) operation or use of the Product outside the manufacturer’s instructions or recommendations; (n) water damage if used under conditions which exceed the manufacturer’s guidelines; (o) loss or damage to software or user data; (p) failure to obtain the required inspections or maintenance services for the Product; (q) routine maintenance and/or inspection services; and (r) any service or replacement outside of the continental United States of America.

GOVERNING LAW, JURISDICTION AND WAIVER OF JURY TRIAL:
This Plan shall be governed and construed under the laws of the State of Michigan, without regard to its choice or conflict of laws principles, irrespective of your residence. You and Tapper’s unconditionally and irrevocably: (a) submit to the jurisdiction of the 48th District Court or Oakland County Circuit Court depending upon the amount in controversy, or in the event that original jurisdiction may be established, the United States District Court for the Eastern District of Michigan, Southern Division, sitting in Detroit, Michigan (the “Courts”), in any action arising out of this Plan; (b) agree that all claims in any action may be decided in any of said Courts; and (c) waive, to the fullest extent that they may effectively do so, the defenses of: (i) lack of subject matter jurisdiction of such Courts; (ii) the absence of personal jurisdiction by such Courts over the parties to this Plan; and (iii) forum non-conveniens. YOU AND TAPPER’S ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED. YOU AND TAPPER’S, AFTER HAVING THE OPPORTUNITY TO CONSULT WITH COUNSEL OF THEIR CHOICE, EACH KNOWINGLY AND VOLUNTARILY, WITHOUT COERCION, WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ALL DISPUTES BETWEEN THEM CONCERNING THIS PLAN OR ANY SERVICES RENDERED PURSUANT TO THIS PLAN. NEITHER YOU NOR TAPPER’S SHALL BE DEEMED TO HAVE GIVEN UP THIS WAIVER OF JURY TRIAL UNLESS SUCH RELINQUISHMENT IS IN A WRITTEN INSTRUMENT SIGNED BY THE PARTY RELINQUISHING THIS WAIVER.

ARBITRATION AGREEMENT:
Most of your concerns about this Plan can be addressed simply by contacting us at (248) 932-7700. In the unlikely event that we are unable to resolve any disputes or claims in connection with the Plan informally after contacting Tapper’s, YOU AND WE AGREE TO RESOLVE ALL SUCH DISPUTES EITHER THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND TAPPER’S AGREE THAT ANY ARBITRATION SHALL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND TAPPER’S AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ARBITRATIONS OR CLASS ACTIONS IN RELATION TO THIS PLAN. Arbitration uses a neutral arbitrator instead of a judge or jury and is more informal than a lawsuit in a court. Although arbitrators may award the same damages and relief than a court can, discovery is more limited and arbitration awards are only subject to limited review by the courts. This agreement to arbitrate is to be broadly construed and is intended to include disputes: (i) arising out of or in any way relating to this Plan; (ii) that arose before this Plan was entered into and after this Plan is terminated; and (iii) that is currently the subject of a purported class action of which you are not a member of a certified class. This Plan does not prohibit you from informing any governmental authorities of your dispute.
If you or we intend to seek arbitration, you or we must first provide a written notice (“Notice”) to the other by way of a nationally recognized express delivery service such as FedEx or UPS. Your notice to us should be addressed to: Tapper’s Care Plan, 6337 Orchard Lake Road, West Bloomfield, Michigan 48322. The Notice must describe the dispute or claim and state the specific relief requested. If you and we are unable to resolve the dispute or claim within thirty (30) days of receipt of the Notice, you or we may initiate an arbitration proceeding with the American Arbitration Association (“AAA”). You can obtain the forms necessary to initiate an arbitration proceeding by visiting www.adr. org or by calling 1-800-778-7879. The arbitration proceeding shall be administered by the AAA in accordance with the Michigan Uniform Arbitration Act, being MCL Section 691.1681, et seq. (the “Act”) and the Consumer Arbitration Rules of the AAA effective 9/1/14 (the “Arbitration Rules”). In the event of any conflict, ambiguity or inconsistency between the terms of the Act and the Arbitration Rules, the terms of the Act shall govern and control. To the extent declaratory or injunctive relief is sought in the arbitration, such relief may only be awarded to the extent necessary to provide the relief warranted by a party’s claim. The arbitrator appointed by the AAA to decide the dispute shall be bound by the terms of this Plan, the Act and the Arbitration Rules. All issues are for the arbitrator to decide, including the scope of this arbitration provision, with the exception that issues relating to the enforceability of this arbitration provision may be decided by a court. Unless you and we agree otherwise, any arbitration hearings shall take place in Southfield, Michigan. If your claim or dispute is for $10,000 or less, the arbitration proceedings may be conducted electronically to the extent permitted by the AAA. At the conclusion of the arbitration hearing(s), the arbitrator shall issue a written decision which includes an explanation of the facts and law upon which the decision is based. The arbitrator may not consolidate the dispute or claim of another person with your or our dispute, or preside over any representative or class proceeding. You and we agree not to disclose to the arbitrator any settlement offers or proposals until after the arbitrator has issued the written decision.