Direct Choice Contract
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THIS CONTRACT CANNOT BE CANCELED AFTER 60 DAYS
Direct 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.
Drive Axle Assembly: Drive shaft, ring
and pinion gears, pinion bearings, side carrier bearings,
carrier assembly, axle and axle bearings (wheel hub
bearings not included), universal and CV joints except
if boot is damaged or missing. Drive axle housing is
covered if damaged by a Broken Covered Component.
4x4 Transfer Case: All internal components
that require lubrication for operation.
Air Conditioner: Compressor, condenser,
evaporator, and orifice tube.
Electrical: Alternator, voltage regulator,
power window motor, heater fan and starter motor. No
other electrical components are covered by this product
warranty.
Seals & Gaskets: Seals and gaskets
are replaced only as part of repair or replacement of
the above 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
Components.
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.
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, 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
Limit of liability per claim is $4,000 (aggregate) or
the actual cash value of the vehicle (wholesale value)
as determined by the Kelly Wholesale Blue Book or the
NADA Wholesale Guide, whichever is the lesser amount
at the time of claim initiation. The total of claims
paid shall not exceed the actual cash value (wholesale
value), of the vehicle as determined by the Kelly Wholesale
Blue Book or the 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 the agreement.
Additional Options
Separate surcharge is required for each option. Vehicle
may require more than one surcharge.
Seals and Gaskets Option (With a Surcharge)
Seals & Gaskets Coverage – Coverage for failed
seals and gaskets for Covered Components are only covered
if selected at time of sale and the appropriate surcharge
has been paid in full. Seals & gaskets that have
failed due to operator negligence, excessive heat, or
overheating of any type regardless of the cause are
not covered; seals and gaskets that are seeping or weeping
are not considered failed and are not covered. Incidental,
consequential, or subsequent damage occurring to any
component, covered or non-covered, as the result of
the failure of a seal or gasket is not covered by this
product warranty.
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.
Non Factory Options (With a Separate Surcharge
for Each)
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 800-414-4333. 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
800-414-4333 or sending an email to questions@checkaclaim.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.
8. 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. Approved
claims will be paid in US dollars and directly to the
repair facility.
General Terms and Conditions
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
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 broken covered 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. Electrical
components are considered broken if there has been a
failure of the component to conduct electricity required
for operation.
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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