This is not an insurance policy. This Vehicle Service Contract is between Strategic Administration Group, called “WE”, “US” or the “COMPANY” and the Contract Holder, called “YOU” or “YOUR.” It provides coverages indicated, only for the time or
mileage, whichever expires first, shown in the schedule. Only the Vehicle described above is covered. The Deductible
applies to each claim submitted. Vehicle must be in good working condition at time of sale and all applicable Manufacturer Warranties
in effect.
I have read and agree to the terms and conditions on the front and reverse side of this agreement.
Contract Holder Signature
Contract Sales Date
MAINTENANCE REQUIREMENTS: You must have Your Vehicle checked and serviced in accordance with the Manufacturer’s (MFR)
recommendations as outlined in the Owner’s Manual provided by the Manufacturer or according to the terms in the "Contract Holder
Responsibilities" section, "Maintenance", whichever is less.
I UNDERSTAND THE PURCHASE OF THIS CONTRACT IS NOT REQUIRED IN ORDER TO OBTAIN FINANCING FOR THIS VEHICLE. I HAVE READ, UNDERSTAND AND ACCEPT ITS CONDITIONS. THE ADMINISTRATOR MUST BE CONTACTED PRIOR TO PERFORMING ANY REPAIR UNDER THIS SERVICE CONTRACT. THE ADMINISTRATOR WILL NOT BE RESPONSIBLE FOR ANY REPAIRS THAT ARE NOT PRE-AUTHORIZED. SEE THE "CONTRACT HOLDER RESPONSIBILITIES SECTION" FOR INSTRUCTIONS TO BE FOLLOWED IN THE EVENT OF A COVERED BREAKDOWN. IF YOU SELL YOUR VEHICLE AND WANT TO CANCEL THIS CONTRACT, YOU MUST REQUEST A REFUND IN WRITING ACCORDING TO THE TERMS IN THE "CANCELLATION SECTION" OF THIS CONTRACT.
Administered By: Strategic Administration Group, Inc. P.O. Box 161126, Fort Worth, TX 76161 1-877-938-3332
Claims: www.ClaimYard.com
DEFINITIONS
Administrator means the company that provides administrative services for this
Vehicle Service Contract.
Application means information in the Declaration Section on the
Application page. It lists information regarding
You, Your Vehicle, Coverage selected, and other vital information.
Breakdown means the complete and total failure of a part covered by this contract to perform its intended function(s) in normal service,
providing it has received all scheduled maintenance as recommended by the
Contract, manufacturer, dealer, or in the Owners
Manual,whichever is less.
Breakdown does not include the gradual reduction in operating performances caused by wear and tear where a
failure has not occurred.
Leakage is defined as fluid droplets hanging from a component or fluid that has dripped to another component.
Seepage is defined as oil, film, or dust accumulation on the exterior of a component.
Important: Seepage is a normal condition and warranty
does not cover the cost of repair attempts.
Coverage refers to the component protection
You have chosen.
Deductible means the amount You are required to pay, as shown in the
Application Section, per repair for covered
Breakdowns.
Failure means the inability of an original or like replacement part covered by this
Contract to function in normal service.
Issuing Dealer means the business entity from whom
You purchased this
Contract.
Vehicle means the
Vehicle that is described on the
Application.
Vehicle Service Contract, Service Contract or
Contract means this
Vehicle Service Contract that
You purchased from
Us to protect
Your Vehicle
We, Us, Our or the
Company means the
Administrator from whom
You purchased this
Contract who is obligated to perform under this
Contract.
Manufacturer, MRF, Brand, Make is the original manufacturer.
O.E. means
Original Equipment, parts that are installed during Production.
You and
Your means the Contract Holder.
GENERAL PROVISIONS
The Company listed above agrees that this Service Contract covers the above described Vehicle and the repair or replacement of the
Covered Vehicle parts and applicable labor, per industry recognized labor guides. A “BREAKDOWN” of a covered part is defined as
FAILURE of such part to meet Manufacturer's Specifications. We will pay an authorized repair facility directly to remedy any FAILURE/
BREAKDOWN related to repair or replacement of such parts provided that the Contract Holder does not have insurance or manufacturer’s
warranty covering such repair or replacement. The operation of this Service Contract will be concurrent in certain cases with any applicable
Factory, Manufacturer’s, or Seller's Warranty or particular provisions thereof. You are required to pursue those warranties before proceeding
with this Contract.
The provisions of this Service Contract commence on the Contract Date and continue until the Contracts term has expired, or the Covered
Vehicle's mileage exceeds the Contract terms, whichever comes first. We may cancel this Contract within 30 days from Our receipt if
underwriting criteria are not met. Replacement will be made with parts of like kind and quality and compatible with the Covered Vehicle's
specification. All parts replaced will be covered under the terms and conditions hereof for the remaining term and/or mileage of this Contract as
shown above.
Our obligations under this Contract are fully insured by a Contractual Liability Insurance Policy issued by Old Republic Insurance Company
(Tulsa Branch Office), 8282 South Memorial Drive, Tulsa, Oklahoma 74133. If You have not received either payment of a claim or a refund for
the cancellation of Your Contract within sixty (60) days after proof of loss has been filed and approved by the Administrator, or Your request for
cancellation has been submitted to and accepted by the Administrator, You may make a direct claim against Old Republic Insurance Company
(Tulsa Branch Office) at the address shown or call toll free 800-331-3780.
Except with regards to any contact information you may provide us, all comments, feedback, and other information submitted to Headstart Auto Protection through or in association with this website will be considered non-confidential and the property of Headstart Auto Protection. By submitting such Feedback to our Site, you agree that you assign to Headstart Auto Protection, without charge, all worldwide rights, title and interest including copyrights and other intellectual property rights, in and to the Feedback. Headstart Auto Protection shall be free to use such Feedback on an unrestricted basis.
WAITING PERIOD
The Waiting Period is measured from the Contract Date and the odometer reading as of the Contract Date on the Application page and is as
follows: 45 days AND 1000 miles. The Waiting Period runs concurrently with the Term of the Contract. Until both the time period AND the
number of miles have elapsed, your vehicle is still in the Waiting Period. Failure of a covered part during the Waiting Period is not covered and
is considered a pre-existing condition.
DEDUCTIBLE
A covered BREAKDOWN coverage is subject to the applicable deductible for each repair visit. However, the deductible does not apply to
towing and/or rental car/substitute transportation coverage(s).
SECURITY
We care a lot about protecting the security of your personal information, and we have implemented processes to secure any information that you provide.
However, no method of transmitting or storing electronic data is ever completely secure, and we cannot guarantee that your information will never be accessed, used, or released in a manner that is inconsistent with this policy.
LIMIT(S) OF LIABILITY/COVERAGE OF ALL REPLACEMENT PARTS
The maximum liability of aggregate per any claim is $10,000.00 or Actual Cash Value of the vehicle, whichever is less. However, the
total of all benefits paid or payable under this Vehicle Service Contract and limits of liability thereunder shall not exceed the Actual Cash Value
(ACV) of the vehicle. Replacement of parts and in particular certain automotive Units, such as engines, transmissions, differential assemblies,
and other components, may be by the use of other than new parts. Any such parts will be covered under the terms and conditions for the
remaining term and/or mileage of this Contract as shown on the reverse hereof
If we do make significant changes in our practices, we may include announcements on the http://www.allcarprotection.com/ home page so that you will know to review the revised policy.
VENUE
The parties hereto agree that for purposes of litigation, the venue of the matter shall be in the appropriate Judicial District in the County of
Tarrant, State of Texas, unless venue is required to be in the state wherein the Service Contract is purchased. Venue is then deferred to that
state’s requirement.
COVERED VEHICLE PARTS
Gasoline/Diesel Engine
All internal lubricated parts including but not limited to:
- pistons
- piston rings
- crankshaft and main bearings
- connecting rods
- connecting rod pins
- connecting rod bearings
- camshaft and bearings
- push-rods
- rocker arms and followers
- timing belt/chain and gears
- valves
- valve springs
- valve seats
- valve guides
- valve lifters
- oil pump
- manifolds
- flywheel
- ring gear
- flex plate
- core plugs
- harmonic balancer and bolt
- valve covers
- timing cover
- oil pan
- vacuum pump
- engine mounts
- turbocharger/supercharger housing, and all internal parts
- waste gate
- engine block and cylinder head, only if damaged by an internal lubricated part.
Rotary Engine:
All parts listed above for gas/diesel engine plus:
- rotors
- rotor seals
- eccentric shaft
- eccentric shaft bearings
- rotor chamber is covered,only if damaged by an internal lubricated part.
Drive Axle: 2WD / 4WD / ALL-WHEEL
All internal lubricated parts in the drive axle:
- axle shafts
- differential cover
- universal joints
- yokes
- constant velocity
- double offset joints
- wheel bearings
- drive shaft
- drive shaft center bearing
- locking hub mechanism
- drive axle housing is covered, only if damaged by an internal lubricated part.
Cooling System:
- water pump
- thermostat
- thermostat housing
- fan clutch
- fan motor
- fan blade
- radiator only if leaking
- heater core only if leaking
Steering:
- steering column coupling
- power steering pump
- steering main shafts
- steering intermediate shafts
- power cylinder assembly
- pitman arm
- idler arm
- tie rods
- drag link
- power steering cooler
- power steering control valve and cylinder
- steering rack/box/gear hydraulic or electric system
Brakes:
- master cylinder
- power assist boosters and valves
- wheel cylinders
- calipers
- combination valve
- steel lines
- fittings
- backing plates
- power brakes cylinder
- vacuum assist booster pump
- springs
- clips
- retainer
- self-adjusters
- rear activators
- parking brake linkage and cables
Fuel System:
- throttle body
- fuel pump
- metal fuel lines
- fuel injectors
- diesel fuel injection pump
- diesel injectors
- diesel vacuum pump
Suspension:
- upper control arms
- lower control arms
- control arm shafts and bushings
- upper ball joints
- lower ball joints
- FWD hub/bearing assembly
- steering knuckles
- stabilizer shaft and bushings
- king pins and bushings
- strut bar and bushings
- spindles and spindle supports
- wheel bearings
Transmission:
All internal lubricated parts including but not limited to:
- bands
- clutch packs
- gears
- pumps
- shafts
- shift forks
- shift rails
- synchronizers
- solenoids
- torque converter
- bell housing
- vacuum modulator
- transmission mounts
- transmission pan
- transmission case is covered, only if it is damaged by an internal lubricated part.
Transfer Case
All Internally lubricated parts contained within the Transfer Case. The Transfer Case is also covered if damage is the result of the failure of an Internal Part of the Transfer Case.
Seals and gaskets:
Should seals and gaskets be required in conjunction with the repair of a covered component, coverage will be extended to include seals and gaskets on said covered components.
Up to 100,000 miles, cylinder head gasket(s) and intake manifold gaskets are the only gaskets covered as a gasket failure ALONE. Head gaskets on Diesel Engines are not covered.
Air Conditioning:
- expansion valve
- pressure cutoff switches
- orifice tube
- dryer
- condenser
- evaporator
- lines
- fittings
- compressor
- Internal assembly including pistons, rods, valves, bearings and shafts
- clutch
- pulley
NOTE: O.E.M. refrigerants are to be used if replacement is required. If failure is due to a covered component, and fluid conversion is necessary, the Contract will cover the conversion parts and labor only. For hoses, O-rings seals, refrigerants and other non-covered components the contract holder is responsible.
Base Electrical:
- alternator
- starter motor
- starter solenoid
- distributor
- ignition coil
- ignition module
Anti-Lock Brakes:
- booster
- pump
- brake pressure modulator valve
- master cylinder
- control processor/module
- solenoids
High Tech Electrical:
- cruise control servo/transducer
- factory compass
- factory thermometer
- headlight switch
- horn
- ignition lock cylinder
- ignition switch
- power antenna
- power lock switches
- power lock actuators
- windshield wiper motor
- windshield wiper module
- windshield washer pump
- power window switches
- power window motors
- power window regulator
- electronic speedometer display and module
- engine control module
- power sun/moon roof motor
- power convertible top electric motor
- crank sensor
- knock sensor
- oil temp sensor
- camshaft positioning sensor
- mass air flow sensor
- BAP sensor
- MAP sensor
- upstream oxygen sensors
- downstream oxygen sensor
- heated oxygen sensors
- throttle positioning sensor
- engine coolant temperature sensor
- intake air temperature sensor
- neutral or park position sensor
- brake fluid pressure sensor
- PFE sensor
- pressure sensors
Hybrid:
- IMA Control unit of battery electronics
- IMA control unit for Motor Electronic
- cable assembly (motor PDU)
- junction board assembly
- IMA motor stator assembly
- IMA motor rotor assembly
- PDU unit (pre-driver)
- PDU converter (AC-DC)
RENTAL / TOWING
RENTAL CAR/SUBSTITUTE TRANSPORTATION
In the event of a Covered Breakdown, when Your Vehicle has a repair time that exceeds 8.0 hours, in accordance with the Manufacturers labor guide, We will reimburse up to thirty dollars ($30.00) per day for six (6) days not to exceed one-hundred eighty dollars ($180.00) per occurrence from a licensed rental car facility. The above is not payable if the Contract Holder has other substitute transportation Coverage available. This Coverage also applies while the covered Vehicle is under the Manufacturer’s Warranty. This Coverage is not subject to a Deductible.
TOWING
WE will furnish YOU or reimburse YOU for YOUR actual incurred towing cost up to a maximum fifty dollars ($50.00 per occurrence), if the tow was necessary because of a covered BREAKDOWN of a part covered under this Contract. The above is not payable if the Contract Holder has other towing coverage available, unless the towing charge exceeds the other coverage. This coverage applies while the Covered Vehicle is under the Manufacturer's Warranty and the breakdown would have been covered by this Contract Agreement. This coverage is not subject to a deductible.
EMERGENCY ROADSIDE SERVICEG
No Deductible applies for the Emergency Road Service Benefit in this contract. 24-Hour Emergency Roadside Service is provided. We will dispatch a vehicle as long as this contract is in effect by use of Our toll-free number (800) 308-5604. Please provide the dispatcher with Your Registered Customer and Covered Vehicle Information written on the first page. The Emergency Hotline will dispatch prompt service to take care of Your covered Emergency Road Service request.
Emergency Road Service is available when Your Vehicle is disabled as long as this Contract is in effect. Note: One paid benefit per 72- hours. Emergency Roadside Assistance is available on a “sign & drive” basis throughout the United Stated and Canada, 24 hours a day, 365 days a year. Please call the appropriate number listed above for any of these benefits.
Limitations: Services obtained through any other source are not covered and are not reimbursable. In the event 24 hour roadside service is unable to locate service, You may contract for such services and send Your original receipted expenses to Strategic Administration Group for reimbursement consideration. Reimbursements are strictly limited to one hundred dollars ($100.00) Emergency Road Service consists of: Tire Service: Changing of a flat tire with an inflated spare up to one hundred dollars ($100.00) per occurrence.
Battery Service: Attempting to start a Vehicle with a booster battery(to your weak or dead battery) up to one hundred dollars ($100.00) per occurrence. Hybrid and Electric Vehicles will be towed.
Delivery Service: Delivery of emergency supplies of gasoline, oil or water as may be required and available up to one hundred dollars ($100.00) per occurrence. Materials being delivered will be paid for by You.
Towing service: When Your Vehicle is disabled, it will be hooked up and towed to a destination of Your choice by an authorized towing service up to one hundred dollars ($100.00) per occurrence.
Locksmith Service: If keys are locked inside Your Vehicle, a locksmith will be dispatched to assist You in gaining entry to Your locked Vehicle up to one hundred dollars ($100) per occurrence. Cost of key cutting/replacement is Your responsibility.
IMPORTANT NOTICE: Please be with your vehicle when the service provider arrives as they cannot service an unattended vehicle. Service provided must be a covered benefit under the terms and conditions described in this contract. The following disclaimers apply to this Contract: This is not an insurance contract. All service fees exceeding this maximum benefit are the responsibility of the contract customer. Only service requests provided through the phone numbers provided will be honored. Services are not available in areas where state providers are exclusively utilized. Service is not covered for collisions or vandalism.
CONTRACT HOLDER RESPONSIBILITIES
MAINTENANCE SERVICE REQUIREMENTS
- YOU must perform at the proper intervals the following maintenance guidelines:
a. Change engine oil and filter every 90 days or 4000 miles.
b. Service Transmission in accordance with Manufacturer's guidelines.
c. Service differential or final drive in accordance with Manufacturer's guidelines.
d. Failure to perform the required maintenance will result in denial of Coverage under this agreement.
e. Contract Holder must keep receipts showing dates, mileages and services performed and/or materials purchased and furnish them to the Authorized Repair Facility when presenting a claim. Required maintenance service may be performed by any qualified: service facility, repair establishment, or individual; however, an Authorized Repair Facility must perform repairs or replacements provided under this Vehicle Service Contract.
INSTRUCTIONS TO BE FOLLOWED IN THE EVENT OF A Covered BREAKDOWN
- When YOU have a BREAKDOWN
a. Be sure the Covered Vehicle is protected from further damage. Take immediate action to prevent further damage to your vehicle. Any damage resulting from continued operation of an impaired vehicle will constitute failure to protect your vehicle and will not be covered by this Contract.
b. Take Your Vehicle to the nearest Authorized Repair Facility immediately for Diagnosis.
c. Tell the service facility to visit the claims website "www.ClaimYard.com" for 24/7 claims submission and instruction.
d. For further assistance, contact the Administrator 877-938-3332, theclaimyard@gmail.com
e. Furnish the authorized repair facility with receipts evidencing the continuation of service requirements.
f. Prior to proceeding with repairs, ensure that the Repair Facility contacts the Administrator and obtains authorization to proceed with the repair. IMPORTANT: CONTRACT HOLDER ASSUMES ALL LIABILITY FOR PAYMENT OF REPAIRS THAT ARE NOT AUTHORIZED TO THE REPAIR FACILITY.
g. The Administrator reserves the right to inspect the Covered Vehicle before the performance of repair or replacement.
h. Pay the applicable deductible (if any) and all charges for service not covered by this Contract. NOTE: You are responsible for authorizing inspection or teardown of your vehicle by the repair facility to determine the cause of failure. If the failure is not covered under this Contract, you will be responsible for these costs.
TRANSFER OF CONTRACT
This Vehicle Service Contract applies only to the Contract Holder and the described covered Vehicle listed above. This Vehicle Service Contract, however, may be assigned or transferred at the request of a Contract Holder to any new owner of the described covered Vehicle while the Vehicle Service Contract is still in force by written notification and payment to the Administrator of a $50.00 transfer fee, and providing proof of continuation of the Service Requirements. Transfer to the new owner must be completed within 30 days of purchase. If any portion of the manufacturer's warranty is in effect at time of transfer, the transfer of the Vehicle Service Contract will be valid only if the manufacturer's warranty is also properly transferred. Completed forms or materials evidencing the properly executed transfer of any manufacturer's warranty coverage in effect on a covered Vehicle must be received from the Contract Holder in addition to a copy of the bill of sale which lists the current mileage by the Administrator before this Vehicle Service Contract will be transferred.
CANCELLATIONS
COMPLETE THE SECTION AT THE BOTTOM AND MAIL ENTIRE CONTRACT TO THE ISSUING DEALER LISTED IN APPLICATION.
TO CANCEL THIS CONTRACT ALL CANCELLATIONS SUBJECT TO $50.00 CANCELLATION FEE, payable to the Administrator.
CONTACT THE ADMINISTRATOR AND COMPLETE A CANCELLATION FORM. Upon receipt of a written request:
1) Within sixty (60) days of Contract sales date and no claim has been paid against this Contract, a full refund of the Service Contract Price will be made by the Issuing Dealer; or
2) Where more than sixty days has elapsed since the Contract sales date, or if a claim has been paid against this Agreement, a pro rata refund, less claims paid or any applicable transactional fees, of the Service Contract Price will be made. To determine the pro rata refund, the lesser of either Contract Miles remaining divided by Expiration Miles or Contract Term remaining in months divided by Original Contract Term will be used, less any claims paid. The refund check will be issued and sent to the lien holder by the Issuing Dealer if there is a lien against the Vehicle at the time of cancellation. If there is no lien, the refund check will be issued and sent to the Contract Holder by the Issuing Dealer. If the Vehicle has been repossessed, the refund check will be issued and sent to the lien holder by the Issuing Dealer. This Contract is non-cancelable by US after thirty (30) days except for fraud, material misrepresentation, or failure to pay the Vehicle Service Contract price.
SPECIAL STATE REQUIREMENTS
The following Special State Requirements and/or Disclosures apply if this Contract was purchased in one of the following states and supersede any other provision herein to the contrary:
ALABAMA
VI. CANCELLATION - is amended to include the following: A 10% penalty per month will be added to a refund that is not paid or credited within forty-five (45) days after return of the Contract to Us. In the event We cancel the Contract, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation with the effective date for the
cancellation and the reason for cancellation. We are not required to mail You written notice if the reason for cancellation is nonpayment of the Provider fee or a material misrepresentation by You to the Provider relating to the covered property or its
use. If We cancel, refunds will be calculated according to the Pro-Rata method and no administration fee will be charged.
Consequential damages and pre-existing conditions are excluded under this Service Contract.
ALASKA
This Service Contract will provide coverage if Your vehicle is used for snow removal, provided it is properly equipped for such use and is not used commercially.
CONNECTICUT
Connecticut General Statute Annotated Title 42 Chapter 743F sect 42-221 or (C.S.G.A. sect. 42-221) requires an automobile dealer to provide a warranty covering certain classes of used motor Vehicles as follows: Used Vehicles with a sale price of $3,000 but less than $5,000 Provides Coverage for 30 days or 1,500 miles, whichever occurs first. Used Vehicles with a sale price of $5,000 or more. Provides Coverage for 60 days or 3,000 miles, whichever occurs first. The Vehicle You have purchased may be covered by this law. If so, the following is added to this Contract: In addition to the Dealer warranty required by this law, You have elected to purchase
this Contract, which may provide You with additional protection during the Dealer warranty period and provides protection after the Dealer warranty has expired. You have been charged separately only for this Contract. The required Dealer warranty is provided f r e e of c harge . Furthermore, the Definitions, Coverages and Exclusions stated in this Contract apply only to this Contract and are not the terms of the required Dealer warranty.
If this Service Contract has a term of less than one (1) year, the Service Contract term shall be extended for the time period the vehicle is being repaired under this Service Contract.
VII. CANCELLATION - is amended to include the following: This Contract may be cancelled by You if Your vehicle is lost or stolen.
You may pursue arbitration to settle disputes between You and the Administrator. A written complaint containing a description of the dispute, the purchase or lease price of the Vehicle, the cost of repair of the Vehicle and a copy of Your Contract may be mailed to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attention: Consumer Affairs Division.
We do not offer in-home service for your vehicle.
GEORGIA
VII. CANCELLATION - is amended to include the following:
We may cancel only for the following reasons:
1. Fraud;
2. Material Misrepresentation; or
3. Non-payment of Contract premium.
In the event of cancellation for Fraud or Material Misrepresentation, such cancellation will be made in writing You and the Lienholder (if applicable). The date of cancellation shall not be in effect less than thirty (30) days prior to the effective date of the notice. In the event of cancellation for non- payment of Contract premium, such cancellation will be made in writing to You and the Lienholder (if applicable), not less than ten (10) days notice. For non-payment of Contract premium, written notice shall be 10 days and if cancelled for any other reason written notice shall be 30 days. If We cancel this Contract, You will receive written notice to comply with 33-24-44 of the Georgia Insurance Code.
VIII. EXCLUSIONS - Item 15. Is amended to read as follows: Any failure or claim caused by a condition that existed, and known by You, prior to the purchase of this Contract.
INDIANA
Your proof of payment to the Issuing Dealer for this Contract shall be considered proof of payment to the Insurance Company which guarantees Our obligations to You, providing such insurance was in effect at the time You purchased this Contract.
IOWA
VII. CANCELLATION - is amended to include the following: A request for a refund upon Us pursuant to the cancellation provision is payable within 30 days of receipt and any such refund which is not timely paid is subject to a 10% penalty each month.
Unresolved complaints or questions concerning the regulation of service companies may be addressed to: Commissioner of Iowa Department of Insurance, 330 Maple St. Des Moines, IA 50319-0065 or call 515-281-5705 or 877-955-1212.
MAINE
VII. CANCELLATION – is amended to include the following: If You cancel this Contract within the first sixty (60) days and services have been provided, Your refund will be based on a full refund less the cost of services pending or provided. If You cancel any other time You will receive a pro rata refund minus the twenty-five dollar ($25.00) cancellation fee. Cancellation within the first sixty (60) days is not transferable and only applies to the original purchaser and only if no claim has been paid. We shall mail a written notice to You at Your last known address at least fifteen (15) days prior to the cancellation effective date. If We cancel for any other reason than nonpayment of the provider fee, We shall refund to You one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid. A ten percent (10%) penalty per month shall be added to a refund of a Service Contract which is canceled within the first sixty (60) days that is not paid or credited within forty-five (45) days after return of the Service Contract to Us.
If an emergency repair is needed when Our claims office is closed and prior authorization for the repair cannot be obtained, You should proceed with the claim procedure and contact Us for the reimbursement consideration instructions on the next business day.
IV. EXCLUSIONS - is amended to include the following: Consequential damages and pre-existing conditions are not covered under this
Service Contract.
MASSACHUSETTS
THE BENEFITS PROVIDED MAY DUPLICATE EXPRESS MANUFACTURER’S OR SELLER’S WARRANTIES THAT COME AUTOMATICALLY WITH EVERY SALE. THE SELLER OF THIS COVERAGE IS REQUIRED TO INFORM YOU OF ANY WARRANTIES AVAILABLE TO YOU WITHOUT THIS CONTRACT.
Chapter 90, Section 7N ¼ of Massachusetts General Laws requires an automobile dealer to provide a warranty covering certain classes of used motor Vehicles as follows:
Used Vehicles with less than 40,000 miles at the time of sale
Provides Coverage for 90 days or 3,750 miles, whichever occurs first.
Used Vehicles with 40,000 miles or more but less than 80,000 miles at the time of sale
Provides Coverage for 60 days or 2,500 miles, whichever occurs first. Used Vehicles with 80,000 miles or more but less than 125,000 miles at the time of sale
Provides Coverage for 30 days or 1,250 miles, whichever occurs first. The Vehicle You have
purchased may be covered by this law. If so, the following
is added to this Contract: In addition to the Dealer warranty required by this law,
You have elected to purchase this Contract, which may provide You with additional protection during the Dealer warranty period and provides protection after the Dealer warranty has expired. You have been charged separately only for this Contract.
The required warranty is provided free of charge. Furthermore, the definitions, Coverages and exclusions stated in this Contract apply only to this Contract and are not the terms of the required Dealer warranty.
MISSOURI
If an emergency repair is needed when Our claims office is closed and prior authorization for the repair cannot be obtained, You should proceed with the claim procedure and contact Us for the reimbursement consideration instructions on the next business day. VII. CANCELLATION. – is amended to include the following: Upon Our receipt of Your cancellation request, an acknowledgement of said cancellation request will be mailed to You within forty-five (45) days. Upon Our receipt of a refund request, a refund will be issued in a timely manner. A 10% penalty of the amount outstanding per month will be added if refund is not paid within forty-five (45) days of return of the contract to Us.
Consequential damages and pre-existing conditions are excluded under this Service Contract.
MISSISSIPPI
VI. TRANSFER OF CONTRACT 4. VENUE – is deleted in its entirety.
NEW MEXICO
VII. CANCELLATION – is amended to include the following: The right to cancel the Contract is not transferable and applies only to the original Contract purchaser. If a refund is not paid by Us within sixty (60) days after Your return of the Contract to Us, a ten
percent (10%) penalty will be added for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid.
If Your Contract has been in effect for at least seventy (70) days, We may not cancel it prior to the expiration date, or one year after the effective date of the Contract, whichever comes first, unless:
(a) You fail to pay an amount when due;
(b) You are convicted of a crime that results in an increase in the service required under the Contract;
(c) We discover that fraud was committed or there was a material misrepresentation by You in obtaining the Contract, or in presenting a claim for payment;
(d) We discover an act or omission by You or a violation by You of any condition of the Contract that occurred after the effective date of the
Contract that substantially and materially increased the service required under the Contract.
We will mail a cancellation notice to You at least fifteen (15) days prior to the cancellation effective date.
OHIO
THIS CONTRACT IS NOT INSURANCE AND IS NOT SUBJECT TO THE INSURANCE LAWS OF THIS STATE.
OKLAHOMAO
This service agreement is not issued by the manufacturer or wholesale company marketing the product. This warranty will not be honored by such manufacturer or wholesale company.
The coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma Service Warranty Statutes do not apply to commercial use references in Service Warranty Contracts.
VII. CANCELLATION – is amended to include the following: We may cancel this Contract for non-payment of the Contract charge, or for intentional misrepresentation in obtaining this Contract or submitting a claim. In the event the Contract is cancelled by Us, return of the premium shall be based upon 100% of the unearned pro-rata premium received.
If Your Vehicle and this Contract have been financed, the lienholder may cancel this Contract for non-payment, or if Your Vehicle has been declared a total loss or has been repossessed. The rights under this Contract are transferred to the lienholder and the lienholder is also entitled to any resulting refund. In the event of cancellation, the lienholder, if any, will be named on the cancellation refund check.
SOUTH CAROLINA
Unresolved complaints or questions concerning the regulation of contract service providers may be addressed to: South Carolina Department of Insurance, PO Box 100105, Columbia, SC 29202-3105, (800) 768-3467.
VII. CANCELLATION – is amended to include the following: A ten (10) percent penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Service Contract to Us (Code Section 38-78-30(f).
Notice of such cancellation will be delivered to You by certified mail to Your last known address as set forth in Our records at least fifteen (15) days prior to Our cancellation of the Contract, unless the reason for Our cancellation of this Contract is non-payment of the purchase price of this Contract, a material misrepresentation by You to Us, or a substantial breach of duty by You relating to Your Vehicle or its use, in which case we are not required to provide You with prior notice of cancellation of the Contract.
TEXAS
Unresolved complaints or questions concerning the regulation of service contract providers may be addressed to: Texas Department of Licensing and Regulation, E.O. Thompson Office Building, 920 Colorado, Austin, Texas 78701, (800) 803-9202.
You may apply directly with the insurer, Old Republic Insurance Company (Tulsa Branch Office), 8282 South Memorial Drive, Tulsa, Oklahoma 74133, (800)-331-3780 if a refund is not paid before the 46th day after the date on which the Contract was cancelled. A ten
(10) percent penalty per month will be applied to any refund not paid or credited within forty-five (45) days after return of this Service
Contract.
VIRGINIA
NOTICE TO SELLER:
Sellers are not permitted to sell vehicles Service Contracts on leased vehicles pursuant to the provisions of administrative letters 1982-10 and 1982-16.
WASHINGTON (New ONLY)
If an emergency repair is needed when Our claims office is closed and prior authorization for the repair cannot be obtained, You should proceed with the claim procedure and contact Us for the reimbursement consideration instructions on the next business day.
VII. CANCELLATION. – is amended to include the following: If any refund payment is not issued within thirty (30) days from the date You return this Contract to the Administrator in connection with its cancellation, then the Administrator shall increase the refund amount by ten (10) percent. In the event of cancellation, the lienholder, if any, will be named on a cancellation refund check as their interest may appear.
The service contract provider of the service contract shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the service contract provider at least twenty-one (21) days prior to cancellation by the service contract provider. The notice shall state the effective date of the cancellation and the true and actual reason for the cancellation.
We may not cancel the Contract after the first sixty (60) days, but will be fully obligated under this Contract unless otherwise terminated by You in accordance with this Contract.
VI. TRANSFER OF CONTRACT 4. VENUE - is amended to say: The state of Washington is the jurisdiction of any civil action in connection with this Contract.
V. SERVICE REQUIREMENTS MAINTENANCE. d. is amended to include the following: Only if the failure to maintain the vehicle involved the failed part(s).
Consequential damages and pre-existing conditions are excluded under this Service Contract.
Please read the following statements and acknowledge that You have read and understood them by placing Your initials
adjacent to(ath) eInporordveisriotonsm: aintain Your coverage under this Contract, You must maintain the Vehicle consistent with the schedule and record keeping requirements set forth in the provisions under V. YOUR RESPONSIBILITIES – 1. Maintenance.
(b) In order to receive reimbursement for any claim under this Contract, You must (1) follow the procedures set forth under “V. YOUR RESPONSIBILITIES – 2. Filing a Claim” and (2) comply with Your obligations set forth under V. YOUR RESPONSIBILITIES – 1. Maintenance.
(c) Under the terms of this Contract, You have a duty to protect against further damage as indicated under V. YOUR RESPONSIBILITIES – 2. Filing a Claim.
(d) The specific terms of, including detailed information regarding the work, services and parts covered thereunder, for the coverage(s) of this Contract are set forth under II. BREAKDOWN COVERAGES.
(e) Our obligations under this Contract expires as set forth on the first page of this Contract under VEHICLE INFORMATION, EXPIRATION DATE AND EXPIRATION MILES.
(f) The implied warranty of merchantability on the motor vehicle is not waived if the Contract has been purchased within ninety
(90) days of the purchase date of the motor Vehicle from a provider or service contract seller who also sold the motor Vehicle
covered by the Contract.
(g) Coverage is subject to the exclusions set forth under VI. EXCLUSIONS in this Contract.
(h) Your right to cancel this Contract and return it for a refund are set forth under VII. CANCELLATION.
If an emergency repair is needed when Our claims office is closed and prior authorization for the repair cannot be obtained, You should proceed with the claim procedure and contact Us for the reimbursement consideration instructions on the next business day.
VII. CANCELLATION. –is amended to include the following: If any refund payment is not issued within thirty (30) days from the date You return this Contract to the Administrator in connection with its cancellation, then the Administrator shall increase the refund amount by ten (10) percent. In the event of cancellation, the lienholder, if any, will be named on a cancellation refund check as their interest may appear.
The service contract provider of the service contract shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the service contract provider at least twenty-one (21) days prior to cancellation by the service contract provider. The notice shall state the effective date of the cancellation and the true and actual reason for the cancellation.
We may not cancel the Contract after the first sixty (60) days, but will be fully obligated under this Contract unless otherwise terminated by You in accordance with this Contract.
NOTICE: The state of Washington is the jurisdiction of any civil action in connection with this Contract.
NOTICE: The commissioner is the service contract provider’s attorney to receive service of legal process in any action, suit, or proceeding in any court.
Please read the following statements and acknowledge that You have read and understood them by placing Your initials adjacent to the provisions:
(a) In order to maintain Your coverage under this Contract, You must maintain the Vehicle consistent with the schedule and record keeping requirements set forth in the provisions under IV. YOUR RESPONSIBILITIES – 1. Maintenance.
(b) In order to receive reimbursement for any claim under this Contract, You must (1) follow the procedures set forth under “IV. YOUR RESPONSIBILITIES – 2. Filing a Claim” and (2) comply with Your obligations set forth under IV. YOUR RESPONSIBILITIES – 1. Maintenance.
(c) Under the terms of this Contract, You have a duty to protect against further damage as indicated under IV. YOUR RESPONSIBILITIES – 2. Filing a Claim.
(d) The specific terms of, including detailed information regarding the work, services and parts covered thereunder, for the coverage(s) of this Contract are set forth under THIS VEHICLE SERVICE CONTRACT WILL NOT PAY OR REIMBURSE YOU FOR.
(e) Our obligations under this Contract expires as set forth on the first page of this Contract under VEHICLE INFORMATION, EXPIRATION DATE AND EXPIRATION MILES.
(f) The implied warranty of merchantability on the motor vehicle is not waived if the Contract has been purchased within ninety
(90) days of the purchase date of the motor Vehicle from a provider or service contract seller who also sold the motor
Vehicle covered by the Contract.
(g) Coverage is subject to the exclusions set forth under THIS VEHICLE SERVICE CONTRACT WILL NOT PAY OR REIMBURSE YOU FOR and V. EXCLUSIONS in this Contract.
(h) Your right to cancel this Contract and return it for a refund are set forth under VI. CANCELLATION.
EXCLUSIONS - What Is Not Covered
SEE THE "COVERED VEHICLE PARTS” SECTION ON THE FRONT HEREOF FOR A DESCRIPTION OF THE COVERAGE PROVIDED, IN ADDITION SEE "DEDUCTIBLE", "RENTAL CAR","TOWING" AND “SERVICE REQUIREMENTS."
THE FOLLOWING ARE EXCLUSIONS UNDER THIS VEHICLE SERVICE CONTRACT PROGRAM.
THIS CONTRACT DOES NOT APPLY TO THE FOLLOWING:
1) ANY COVERED BREAKDOWN OR FAILURE FOR WHICH THE MANUFACTURER IS RESPONSIBLE UNDER ITS WARRANTY, OR UNDER THE REPAIRER'S GUARANTEES.
2) ANY LOSS OR EXPENSE THAT IS THE DIRECT RESULT OF A MECHANICAL OR STRUCTURAL DEFECT FOR WHICH THE MANUFACTURER HAS PUBLICLY ANNOUNCED ITS RESPONSIBILITY BY ANY MEANS OR BY A RECALL FOR THE PURPOSE OF CORRECTING SUCH DEFECT, EXCEPT THAT WE WILL REIMBURSE YOU THE DIFFERENCE BETWEEN ANY DEDUCTIBLE CHARGED BY THE MANUFACTURER AND THE DEDUCTIBLE CONTAINED HEREIN IF APPLICABLE. THE PROVISIONS FOR CAR RENTAL AND TOWING SHALL APPLY DURING THE PERIOD OF THE MANUFACTURERS RECALL SO LONG AS THE BREAKDOWN OR FAILURE IS COVERED BY THIS AGREEMENT.
3) IF THE ODOMETER HAS STOPPED OR HAS BEEN ALTERED OR DISCONNECTED AND MISREPRESENTS YOUR VEHICLE'S ACTUAL MILEAGE.
4) ANY LOSS OR DAMAGE DUE TO COLLISION, FALLING OBJECTS, THEFT, ATTEMPTED THEFT, FIRE, FLUID CONTAMINATION, LARCENY, EXPLOSION, MALICIOUS MISCHIEF, VANDALISM, RIOT OR CIVIL COMMOTION, ACTS OF GOD, FLOOD OR FREEZING, OR ACTS OF NATURE AND EVENTS BEYOND OUR CONTROL.
5) MISUSE OR ABUSE: NEGLIGENCE, MODIFICATION, ALTERATION, TAMPERING, DISCONNECTION, IMPROPER ADJUSTMENTS OR REPAIRS, INSTALLATION OF PARTS NOT EQUIVALENT IN QUALITY AND DESIGN TO PARTS SUPPLIED BY MANUFACTURER OR ADD ON PARTS.
6) TOWING OR PULLING: PULLING A TRAILER OR ANOTHER VEHICLE UNLESS YOUR VEHICLE IS PROPERLY EQUIPPED FOR THIS PURPOSE AS RECOMMENDED BY THE MANUFACTURER.
7) LACK OF MANUFACTURER'S REQUIRED MAINTENANCE: IF YOU FAIL TO PERFORM PROPER MAINTENANCE OR CUSTOMARY LUBRICATION SERVICES AS RECOMMENDED BY THE MANUFACTURER, OR BY LACK OF REQUIRED MAINTENANCE, OR USE OF FUELS, OILS AND/OR LUBRICANTS OTHER THAN THOSE RECOMMENDED BY THE MANUFACTURER.
8) COMMERCIAL USE OF THE COVERED VEHICLE.
9) FOR STORAGE CHARGES.
10) MOTOR TUNE UP AND MAINTENANCE ITEMS SUCH AS OIL CHANGE FILTERS, FLUIDS, UNLESS REQUIRED IN CONNECTION WITH REPAIR OF A COVERED COMPONENT OR PART.
11) FAILURE OR LOOSENING OF FASTENERS, HARDWARE, CONNECTIONS,BOLTS, NUTS, SECREWS.
12) IF YOU ARE RENTING THE COVERED VEHICLE.
13) ANY REPAIRS PERFORMED TO THE COVERED VEHICLE NOT SPECIFICALLY AUTHORIZED BY US VIA AN AUTHORIZATION NUMBER ARE NOT COVERED.
14) ANY CLAIM PAPERS RECEIVED AFTER 60 DAYS FROM THE AUTHORIZATION DATE WILL RESULT IN A CLAIM DENIAL.
15) PARTS NOT SPECIFICALLY LISTED AS COVERED UNDER THIS AGREEMENT ARE NOT COVERED UNDER THIS CONTRACT OR UNAVAILABLE PARTS.
16) ANY FAILURE OR CLAIM CAUSED BY A CONDITION THAT EXISTED PRIOR TO THE PURCHASE OF THIS AGREEMENT.
17) ANY ECONOMIC LOSS, INCLUDING LOSS OF TIME, INCONVENIENCE, LODGING, FOOD, STORAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE THAT MAY RESULT FROM A FAILURE.
18) SALES TAX.
19) INFOTAINMENT SYSTEMS.
20) DIAGNOSTIC FEES AND ANY ADDITIONAL FEES, SHOP SUPPLIES, FREIGHT.
21) COSTS ASSOCIATED WITH TEARDOWNS.
22) FLUID SEEPAGE, SEEPAGE IS CONSIDERED A NORMAL CONDITION BY THE MANUFACTURER.
23) ANY COVERED PART IF A BREAKDOWN HAS NOT OCCURRED OR IF THE WEAR ON THAT PART HAS NOT EXCEEDED THE TOLERANCES ALLOWED BY THE MANUFACTURER BUT WHICH A REPAIR FACILITY RECOMMENDS OR REQUIRES BE REPAIRED IN CONNECTION WITH A COVERED BREAKDOWN.
24) PISTON RINGS AND INTAKE OR EXHAUST VALVES WHICH HAVE NOT SUSTAINED A BREAKDOWN BUT REQUIRING REMOVAL OF CARBON DEPOSITS OR OTHER MATERIALS BY GRINDING AND/OR REFACING OF THE VALVES OR SEATS AND CLEANING AND/OR REPLACEMENT OF THE PISTONS AND PISTON RINGS TO RESTORE ENGINE COMPRESSION OR REDUCE OIL CONSUMPTION.