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Cool Choice Contract


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COOL CHOICE CONTRACT


THIS CONTRACT CANNOT BE CANCELED AFTER 60 DAYS


Cool Choice Covered Components and Services

Engine and Water Pump: The following components of gasoline or diesel engines: pistons, piston rings, piston pins, crankshaft and main bearings, connecting rods and rod bearings, camshaft and camshaft bearings, timing chain and timing gears, intake and exhaust valves, valve springs, oil pump, push rods, rocker arms, hydraulic lifters, rocker arm shafts and water pump. The engine block and cylinder heads are covered only if damaged by a Covered Component and condition.

Transmission: The following components of manual or automatic transmissions: torque converter, oil pump, governor, bands, drums, planetaries, sun gear and shell, sprag(s), shaft(s), bearings, shift rail, forks, and synchronizers.

4x4 Transfer Case: All internal components that require lubrication for operation.

 

Air Conditioner: Compressor.

Seals & Gaskets: Seals and gaskets are replaced only as part of repair or replacement of Covered Components. Leaking gaskets or seals are not covered.

Car Rental & Towing: A total of $150 for car rental and a total of $100 for towing are paid on authorized claims only. Acceptable Records, per authorized claim, will be required in the event of a claim.

Labor & Diagnostic Charges: In conjunction with an authorized claim on Covered Components, labor and diagnostic charges are paid. No labor or diagnostic charges are paid on unauthorized claims or Non-Covered Component.

Replacement Parts: In case of a failure of a Covered Component, the administrator’s obligation is limited to repairing or replacing Broken Covered Components including the replacement of all lost fluids and product additive. Worn or burned components are not covered. Covered Components will be replaced with like kind and quality based on the administrator’s discretion.

 


Benefit Activation

1st Day & 1st Mile: Benefits Begin On The Date and Mileage of Product Warranty Purchase.

15 Days & 500 Miles: Benefits Begin On The 16th Day and 501st Mile From The Product Warranty Purchase Date. Benefits expire when the vehicle odometer has exceeded the sum of the vehicle mileage at purchase date plus the mileage for term purchased or the years for term purchased whichever occurs first. Unlimited mileage term expires 3 years from purchase date.

Mileage Extension Benefit: Benefits begin when the vehicle’s full factory warranty expires by mileage. To be eligible for this option the vehicle must have a minimum of 500 miles of full factory warranty remaining at the time of product warranty purchase. Benefits expire when the vehicle’s odometer has exceeded the total of the mileage for the product warranty purchased, plus the vehicle’s full factory warranty mileage, or when the term (years) from the date of purchase, for the product warranty purchased has expired, whichever occurs first. Refer to your declaration page, at the beginning of the booklet, for determination of your particular benefit activation requirements.

Vehicle Protection Kit: The administrator will ship the Vehicle Protection Kit (VPK) to the purchaser of this product warranty upon remittance of this agreement from seller. The VPK contains products for vehicle protection with instructions and other important information pertaining to this product warranty.

Maintenance Requirements

To maintain benefits provided under this product warranty, it is the responsibility of the Purchaser of this product warranty to adhere to the following:

1. From the purchase date and mileage of this product warranty, purchaser must have all components of vehicle serviced by a commercial service facility in compliance with the manufacturer’s required maintenance intervals. It is the responsibility of purchaser to adhere to the vehicle manufacturer’s maintenance requirements relating to climate conditions and vehicle usage. The vehicle manufacturer lists conditions that may require adherence to the “severe maintenance” schedule. If vehicle usage or climate conditions meet any of the “severe” criteria, purchaser is required to adhere to the severe maintenance schedule as listed by the vehicle manufacturer.

2. Purchaser may not have their required maintenance performed by a service facility that is owned or operated by the purchaser. Purchasers may not perform their own maintenance for product warranty requirements.

3. Acceptable Records documenting the purchaser’s adherence to the vehicle manufacturer’s required maintenance are required in the event of a claim.

Exclusions

1. Failure of any listed Covered Component prior to benefit activation is not covered.

2. Any and all claims or damage resulting from: abuse, negligence, freezing, overheating of any type, failure to maintain proper coolant, fluid, refrigerant, or lubrication levels, personal damages, per diem expenses, storage fees, medical expenses, telephone or rental charges, fire, flood, vandalism, theft, collision, acts of God, competition or racing, usages not approved by the vehicle manufacturer, improper load capacity, or improper towing, contamination or lack of fluids, coolants, refrigerant or lubricants for any reason, misuse, road conditions, riots or acts of war. Excessive oil consumption and diminished performance are not covered. Leaking seals, gaskets or fittings are not covered. Vehicle components that require normal manufacturer’s recommended replacement intervals are not covered. Benefits are not active until all applicable fees or installment payment plan confirmation has been received by the administrator.

3. Conditions and problems that are Pre-Existing or Pre-Activation are not covered. Covered Components that are worn or burned but NOT broken are not covered.

4. Any component not listed as a Covered Component is not covered.

5. Incidental and consequential damage is not covered.

6. Vehicles not eligible for this product warranty – Exotic Vehicles, collector vehicle (vehicles considered insurable as collectible), recreational vehicles, and grey market vehicles. Vehicles with a non-functioning odometer, diesel engine manufactured before 1990, rotary engine, air cooled engine, alterations not approved by the manufacturer, over a ¾ ton classification, alternative fuel, Commercial Vehicle, or vehicles used for racing or competition are not eligible for coverage under this product warranty (except those outlined in exclusion #7).

7. The following vehicles are only covered if INDIVIDUALLY selected at time of sale and the appropriate surcharge(s) has been paid in full: vehicles with tire sizes not approved by the manufacturer (oversized or undersized), vehicles with modified suspension/lift kit, Commercial Vehicles with a ¾ ton classification or less and used for any business purpose (including taxis and emergency vehicles), vehicles with a 1 ton classification, and vehicles over 1 ton but not to exceed a 2 ton classification.

8. Claims occurring outside the United States and Canada are not covered.

9. Once a claim has been initiated, the purchaser may not continue to operate the vehicle until a claim decision has been made. Continued operation will void the claim.

10. Any work or repair done to vehicle without prior written authorization from administrator will not be reimbursed or considered as part of a valid claim.

 

Limit of Liability

The limit of liability per covered vehicle is $3,500 per engine (aggregate) $2,500 per
transmission (aggregate), $1,500 per 4 x 4 transfer case (aggregate), and $1,000 air
conditioner (aggregate). The total of claims paid shall not exceed the Actual Cash Value (wholesale value) of vehicle immediately prior to breakdown as determined by the Kelley Wholesale Blue Book or NADA Wholesale Guide.

All parties acknowledge that this product warranty agreement is between the administrator and the purchaser. The seller’s liability under this agreement is limited to properly processing and remitting all applicable fees required to initiate this agreement.

 

Additional Options

Separate surcharge is required for each option. Vehicle may require more than one surcharge.

Commercial Use Option (With a Surcharge)

Commercial Use Vehicles – Commercial Vehicles used for any business purpose (including taxis and emergency vehicles), regardless of business type, annual income, or frequency of commercial or business use, are only covered if selected at time of sale and the appropriate surcharge has been paid in full. Vehicles over a ¾ ton classification are not eligible under this option unless proper weight class is selected at time of sale and the appropriate additional surcharge has been paid in full.

Non Factory Options (With a Separate Surcharge for Each)

Non Factory Suspensions – Vehicles with modified suspension and/or lift kits are only covered if selected at time of sale and the appropriate surcharge has been paid in full.

Non Factory Tires &/or Wheels – Vehicles with tire sizes oversized or undersized as per manufacturer’s specifications are only covered if selected at time of sale and the appropriate surcharge has been paid in full.

Weight Classification Options (With a Separate Surcharge for Each)
1 Ton – Vehicles with a 1 ton classification are only covered if selected at time of sale and the appropriate surcharge has been paid in full.

Over 1 Ton up to 2 Ton – Vehicles over a 1 ton classification and not to exceed 2 ton classification are only covered if selected at time of sale and the appropriate surcharge has been paid in full.



Claims Services

HOW TO FILE A CLAIM – Please follow these instructions carefully before starting work on this vehicle.

1. Vehicle must be taken to a Qualified Repair Facility for all claims. For fastest claims service please direct your repair facility to www.cdwsnow.com to initiate the claim electronically. Claims can also be initiated by calling 800-209-3755. Be sure no work is started until proper written authorization has been received from the administrator. Reasonable access must be provided to the vehicle for inspection.

2. Acceptable Records are required to file all claims. Handwritten receipts and records are not accepted.

3. Seller has no authority to amend or modify the terms of this agreement, nor approve or deny any claims.

4. To facilitate payment upon claim settlement approval required documents must be signed to be accepted by administrator, including but not limited to a completed repair order.

5. Purchasers with claim related questions can contact the administrator’s claim specialists by calling 800-209-3755 or sending an email to claimsupervisor@cdwsnow.com.

6. Approved/Paid Claims Acknowledgement – Upon claim approval, purchasers that have agreed to a finance/installment plan option, (monthly payment plan) to facilitate the purchase of this product warranty agree to fulfill their obligation and continue payments for the product warranty and abide by all terms and conditions set forth in the finance/installment plan agreement until this product warranty is paid in full.

Should the purchaser of this product warranty voluntarily or involuntarily default on the full payment of the product warranty, the administrator reserves the right to recoup the full cost of any and all paid claims through collections, and report purchaser to credit reporting agencies.

7. Arbitration: If a dispute arises out of or relates to the agreement, its interpretation, application or any alleged breach thereof, and if the dispute cannot be settled through Informal Negotiation, the Parties agree to try in good faith to settle the dispute by mediation to be held in Las Vegas, Nevada and administered by the American Arbitration Association (“AAA”) under its then-existing Commercial Mediation Rules. If Informal Negotiations and mediation both fail to result in a resolution of the pending dispute, the Parties must submit said dispute to Binding Arbitration proceedings conducted by AAA in Las Vegas, Nevada, pursuant to AAA’s then existing Commercial Arbitration Rules. The Parties further agree that they will faithfully observe the terms and conditions of this agreement, that they will abide by and perform any award rendered by the Arbitrator(s), and that a judgment of any court having jurisdiction may be entered on the award.

8. Approved claims will be paid in US dollars and directly to the repair facility.

 

 

General Terms and Conditions

Transferability – This product warranty is transferable to a second owner of the vehicle or to a replacement engine and/or transmission, provided administrator is notified in writing, all Acceptable Records are reviewed and approved prior to the transfer, and a $75 transfer fee is paid. Please direct questions regarding transfers to transfer@cdwsnow.com.

Administrator’s Right to Terminate Benefits – In the event of a claim, the administrator reserves the right to terminate the benefits of this product warranty upon the discovery of fraud or misrepresentation of a material fact by the purchaser or the purchaser’s representative. Evidence of fraud or misrepresentation is forwarded to the proper State and Federal authorities. Any vehicle used in the commission of a crime will have all benefits terminated.

Purchaser Rebate Guarantee (PRG)
The administrator will refund the retail purchase price of this product warranty or $1,500, whichever is less, provided that the administrator has received agreement and payment in full, subject to the terms and conditions that are outlined:

Benefits must be activated and remain in force for the full term and the vehicle must be registered to original purchaser at the expiration date and mileage of the product warranty.

The PRG benefits are payable only to original purchaser as shown on agreement and are NOT transferable to any other party. To be eligible for PRG benefits: this product warranty must expire by both time and mileage and no claims or benefits shall have been paid. Rebates on 3 Years/Unlimited Miles term will be based upon 100,000 miles from mileage at sale as expiration mileage for PRG calculations. Original purchaser must provide Acceptable Records that all activation and maintenance requirements as stated in agreement have been adhered to. Purchaser must file for PRG benefits within 30 days or 200 miles after the expiration of this product warranty, by both time and miles.


To file for PRG benefits, purchaser must submit the following to the administrator by mail at 2232 South Nellis Blvd. #174 Las Vegas, NV 89104:

1. A notarized letter verifying the vehicle’s odometer mileage reading and requesting a PRG refund.

2. The vehicle product warranty agreement.

3. A copy of purchaser’s payment plan installment agreement or a copy of a cancelled check or credit card statement documenting the retail price purchaser paid for the product warranty.

4. A valid and current copy of the vehicle registration showing that purchaser still owns the vehicle.

5. All vehicle maintenance records.

Eligible refunds will be processed and mailed directly to the purchaser within 30 days. The distributor or seller is not an obligor or party to the Purchaser Rebate Guarantee.


Definitions

Actual Cash Value (ACV):
Trade in value of the vehicle immediately prior to breakdown as determined by the most recent Kelley Wholesale Blue Book or NADA official used car guide.

 

Acceptable Records – Records that are issued on the date of maintenance, issued in the name of the purchaser, signed by the purchaser, electronically generated, issued by the commercial lubrication service facility performing the maintenance, include mileage, date, Vehicle Identification Number, year, make and model, and include a record of payment and service performed. Any handwritten information on receipts, records or repair orders, pertaining to, or documenting required maintenance will not be accepted.

Broken Covered Components – Broken Covered Components are defined as components that have cracked or separated into pieces. Covered Components that are flaking or have been damaged by excessive heat or scoring are not covered.

Commercial Vehicle – A vehicle used for any commercial or business use, regardless of business type, annual income, or frequency of commercial or business use. Any vehicle displaying business signage.

 

Covered Components – Individual items specifically listed under ‘Covered Components and Services.

Exotic Vehicles – Any vehicle that is out of the ordinary, or produced in very limited numbers, or has an unusual shape, or is a supercar. Classification is not determined by price or make. Examples of exotic cars, but not limited to, are: Acura NSX, Alfa Romeo, Aston Martin, Bentley, BMW 840i, BMW 850Ci, BMW 850i, BMW Z8, BMW M Series, BMW B7, BMW Alpina, Bugatti, Cadillac XLR-V, Chevrolet Corvette ZR-1, Dodge Stealth, Dodge Viper, Ferrari, Ford GT, Hummer H1, Jaguar XJ220, Lamborghini, Lancia, Lotus, Maserati, Maybach, Mazda RX-7, Mazda RX-8, Mercedes AMG, Mitsubishi 3000GT, Opel, Pagani, Peugeot, Porsche 959, Porsche Carrera 4, Porsche Carrera GT, Porsche 911, Porsche Panamera, Porsche Cayman, Porsche Cayenne Turbo, Renault, Rolls Royce, Saleen, Yugo.

 

Incidental and Consequential Damage – Damage occurring as a result of the breakdown of a Covered or Non-Covered Component.

Pre-Activation – Any and all vehicle damage or problems occurring prior to completion of the waiting period selected at time of purchase.

Pre-Existing – A condition to a Covered Component of the vehicle, whether known or unknown to the purchaser, that existed prior to the product warranty purchase date or which may reasonably be assumed to have existed prior to the product warranty purchase date.

Qualified Repair Facility – Any repair facility of the purchaser’s choosing provided no less than a 3 month/3,000 mile warranty on all repairs is offered by said repair facility.

Vehicle Protection Kit – The administrator will ship the Vehicle Protection Kit (VPK) to the purchaser of this product warranty upon remittance of this agreement from seller. The VPK contains products for vehicle protection with instructions and other important information pertaining to this product warranty.


Consumer Direct Warranty Services

Questions regarding the purchase price or details relating to the sales transaction should be directed to the company or marketer that the product was purchased from.

CDWS does not sell products directly to consumers, and is not a sales center, telemarketer, or direct marketer. CDWS adheres to all government rules and regulations, and does not condone or practice unethical business methods.

CDWS appreciates and values your business. The CDWS staff is always here to answer any questions regarding vehicle product support, vehicle transfers, and general customer service questions related to your vehicle product warranty.

Product warranty administrated by:

Consumer Direct Warranty Services
P.O. Box 492727 Redding, CA 96049-2727
Customer Service: 800-209-3755 • www.cdwsnow.com

CDWS - DC Booklet 1/09

 
 
 
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