Gold Key Full Coverage Contract
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| GOLD KEY FULL
COVERAGE CONTRACT |
DEFINITIONS
• “Commercial Use” means a vehicle
that is registered to a business and/or for business
purposes. The following vehicles are not eligible for
the “Commercial Use” option and are excluded
from coverage under this service contract: tow trucks;
snowplows; taxis; police vehicles; and vehicles that
are used in excess of manufacturer’s g.v.w. or
for excessive hauling and pulling.
• “Contract Holder” means the purchaser
or holder of this service contract.
• “Covered Part” means any part of
the vehicle covered by this service contract that is
not excluded from coverage under the section of this
service contract entitled “What is Not a Covered
Part.”
• “Mechanical Breakdown” means the
event caused by the total failure of any Covered Part
to work as it was designed to work in normal service.
Please refer to the wording under exclusions for a listing
of conditions under which the failure of a Covered Part
is not considered a Mechanical Breakdown.
• “Participating Lender” means any
financial institution providing financing for the purchase
of the vehicle and/or this service contract.
• “Repair Facility” means any automotive
repair facility at which the Contract Holder seeks to
have service performed under this service contract.
• “Administrator” or “ACSC”
means Automobile Consumer Service Corporation, which
will administer this service contract, process and pay
claims and process cancellations.
COVERED PARTS
The coverage provided by this service contract supplements
the new vehicle warranty provided by the vehicle manufacturer
to the original owner of the covered vehicle. After
the expiration of the new vehicle warranty and before
the expiration of this service contract, ACSC will,
upon payment of the deductible amount per visit selected
on the front of this service contract, make any necessary
repairs to the vehicle, excepting any parts and Mechanical
Breakdowns listed under the sections of this service
contract entitled "What Is Not a Covered Part"
and "Exclusions — What This Vehicle Service
Contract Does Not Cover". Use of non-original manufacturer’s
parts in covered repairs is allowed.
WHAT IS NOT A COVERED PART
The following parts are not covered by this service
contract: paint and carpeting; manual/hydraulic clutch
assembly; trim; hoses and rubber parts; canvas, vinyl,
fabric or fiberglass tops; moldings; distributor cap/rotor;
tires/wheels; air bag/supplemental restraint systems;
lenses; battery and cables; all maintenance service
and items, such as alignments, wheel balances, struts
and shocks, engine tune-ups, EGR valve, oxygen sensors,
window regulators, seat regulators, fuel regulators,
spark/glow plugs, plug wires, brake pads, linings and
shoes, filters, lubricants, coolants, thermostat, hoses
and belts; bright metal; light bulbs and headlights;
video; audio; exhaust system; weather stripping; body
panels; brake rotor/drums; shop supplies and hazardous
waste removal; blend motors and doors, buttons, handles
and door hinges; glass; service adjustments, and cleaning.
EXCLUSIONS – WHAT THIS VEHICLE SERVICE
CONTRACT DOES NOT COVER
This Contract does not cover the following: (1) Repair
or replacement of a covered component/part to correct
conditions that may reasonably be assumed to have exited
at the inception date of the coverage provided by this
contract (Pre-existing conditions); (2) A Breakdown
caused by lack of manufacturer’s specified maintenance;
(3) A Breakdown caused by contamination of or lack of
proper fuels, fluids, coolants or lubricants, including
a Breakdown caused by a failure to replace seals or
gaskets in a timely manner; Repair of any parts used,
added or replaced during a covered repair which are
not necessary to the completion of covered repair or
were not damaged by the failure of a Covered Part (Such
replacement is considered betterment and is not covered
by this Contract); (4) Any cost covered by a repairer’s
or supplier’s guarantee, or any cost which would
normally be covered by a manufacturer’s warranty;
(5) Any or other benefits for which the manufacturer
has announced its responsibility through any means including
public recalls or factory service bulletins; (6) Cost
or other damages caused by continued vehicle operation
after the failure of a Covered Part or the failure to
replace a worn part that has not failed; (7) Any liability,
cost or damages the Contract Holder may incur to the
benefit of any third parties other than ACSC approved
repair or replacement of Covered Parts which caused
a Mechanical Breakdown; (8) A Breakdown caused by overheating,
rust or corrosion; (9) A Breakdown caused by collision,
fire, electrical fire or meltdown, theft, freezing,
vandalism, flood, or for any hazard insurable under
standard physical damage insurance policies whether
or not such insurance is in force with respect to the
vehicle; (10) Loss of use, loss of time, loss profits
or savings, inconvenience, commercial loss, or other
incidental or consequential damages or loss that results
from a Breakdown; (11) Liability for damage to property,
or for injury to or death of any person arising out
of the operation, maintenance or use of the vehicle,
whether or not related to Breakdown; (12) Any part not
covered by, or excluded by the original manufacturer’s
warranty; (13) Vehicles that have been modified in a
manner that increases the likelihood of a breakdown;
(14) Consequential damage of a covered component by
a non-covered component is not covered, failure of a
non-covered component caused by a covered component
is not covered; (15) Continued operation of an impaired
vehicle which causes further damage is not covered;
(16) A gradual reduction in operating performance due
to normal wear and tear, such as valve guides, valves,
rings, and transmission clutch pack discs and bands;
(17) Frame or structural separation; (18) Service adjustments
and cleaning; (19) Any repairs to a vehicle with a title
indication of salvage or junk or other designation indicating
that the vehicle had been stolen, wrecked, destroyed,
water damaged, or otherwise to the extent that it was
considered to be uneconomical to repair, total mileage
is unknown, or lemon law buyback; (20) Any repositioning,
refitting, realignments, or body adjustments.
ROADSIDE ASSISTANCE - 1-866-827-9805
Your emergency road service begins on the effective
date of your extended service agreement and will continue
until the expiration or termination of your contract,
whichever occurs first. Your emergency road service
is available throughout the United States 24 hours a
day, 365 days a year.
Concierge Service — The customer
is responsible for payment of any services arranged
(i.e. the cost of the hotel room, rental car, etc.)
directly to the provider of the service.
Emergency Roadside Towing Service —
$50 limit for such services as fuel delivery, tire changes
(customer supplied), jump-starts, lockout, mechanical
first-aid, and towing.
ASSISTANCE OBTAINED THROUGH ANY
SOURCE OTHER THAN ROADSIDE ASSISTANCE IS NOT COVERED
AND IS NOT REIMBURSABLE.
DEDUCTIBLE
The Contract Holder is responsible for paying a $50
deductible for each visit to a Repair Facility, unless
the $100 or $0 deductible option is selected.
OPTION TO PURCHASE ANOTHER SERVICE CONTRACT
WHEN CURRENT CONTRACT EXPIRES
The Contract Holder may request to purchase another
service contract when this service contract expires
if all of the following criteria are satisfied: (1)
The purchase is made at least thirty (30) days and 1000
miles prior to the expiration of the current service
contract; (2) The vehicle and all service records are
made available for inspection at Provider’s request;
and (3) The vehicle must qualify for terms of the new
service contact based on mileage and age of vehicle
when the request for the new service contract is made.
The cost for the new service contract will be based
on then current rates. If you have any questions or
wish to purchase a new service contract, contact the
selling dealer or call 1-800-824-7059.
COMMERCIAL USE DEFINED
A Commercial Use vehicle is defined as a vehicle registered
to a business and/or for business purposes. Vehicles
that are used in excess of manufacturers g.v.w. or for
excessive hauling and pulling are excluded from coverage
hereunder. Tow trucks, snowplows, Taxis, and police
vehicles are specifically excluded from coverage hereunder.
How This Contract May Be Canceled, Including Refunds
and Charges
The Contract Holder may cancel this Contract by contacting
the dealership or ACSC, P.O. Box 1231, Huntsville, AL
35805. The Contract Holder may cancel this Contract
at any other time and receive a pro rata refund of the
Total Contract Purchase Price based on the greater of
the days in force or the miles driven compared to the
total Contract Term, less the applicable cancellation
fee and less claims if applicable in your state. The
Term of this contract for cancellation purposes will
be based on the date of purchase of the vehicle and
the vehicle mileage on such date. ACSC is primarily
liable to provide any refund under this Contract. If
this Contract was purchased in Arizona, Georgia or North
Carolina, the refund will be issued on the above-mentioned
pro rata basis, whenever it is canceled. If this Contract
was purchased in Alabama, Nevada, Texas or Wyoming,
a ten percent penalty per month shall be added to a
refund that is not made within forty-five (45) days
of return of the Contract to ACSC; if this Contract
was purchased in New York or Washington, said penalty
shall be added to a refund not made within thirty (30)
days of return of the Contract to VSIC, RRG. If this
Contract was purchased in Colorado, the Contract Holder
may not cancel this Contract at any time. The applicable
cancellation fee shall be $50.00, except: if this Contract
was purchased in Alabama, the applicable cancellation
fee shall be $25.00 and will not be assessed if the
Contract Holder is entitled to a full refund hereunder;
if this Contract was purchased in Illinois, the applicable
cancellation fee shall be the lesser of 10% of the service
contract price or $50.00; if this Contract was purchased
in Georgia or Missouri, a cancellation fee shall not
be assessed; if this Contract was purchased in Nevada
and it is canceled within twenty (20) days after the
Contract Purchase Date, there shall be no applicable
cancellation fee; if this Contract was purchased in
North Carolina, the applicable cancellation fee shall
be 10% of the refund issued hereunder; if this Contract
was purchased in Washington, the applicable cancellation
fee shall be $25.00 if the Contract is canceled ten
(10) or more days after the Contract Purchase Date (if
the Contract is canceled before that time, there shall
be no applicable cancellation fee). Refunds issued hereunder
shall be issued less the value of any services received
by the Contract Holder (including claims paid), except:
if this Contract was purchased in Alabama or Illinois,
such subtraction of the value of any services received
by the Contract Holder shall apply only to cancellations
not fully refunded; if this Contract was purchased in
Arizona, Nevada or Wisconsin, such subtraction of any
services received by the Contract Holder shall never
apply. If this contract was purchased in Iowa, the contract
holder may cancel the contract within 30 days of the
contract purchase date and receive a refund of the purchase
price less a $50.00 cancellation fee and less the total
of claims paid, if you have any questions or problems
regarding this contract, you may contract ACSC, (the
Administrator), by mail at P.O. Box 1231, Huntsville,
AL 35805, or phone 1-800-824-7059. Iowa residents only
may contact The Iowa Securities Bureau at 1-515-281-4441,
or write to 340 Maple Street, Des Moines, Iowa 50319-0066.
CANCELLATION (IF FINANCED)
A. We may cancel this Contract for non-payment of the
Contract Charge, or for misrepresentation in the submission
of a claim. We may cancel this Contract if Your Vehicle
is found to be modified in a manner not recommended
by the manufacturer.
B. In the event that your contract is cancelled for
non-payment, no refund will be due.
C. Returned Check Charge: A returned check charge of
$30.00 will be assessed each time you pay us with a
check or pre-authorized check that is returned unpaid.
The funding party will post the returned charge to your
balance due. Unpaid late fees will be posted to your
balance due. D. Refund Policy for Pre-Authorized Check
Payments: If payment has been made by a pre-authorized
check(s), you must submit all original cancelled pre-authorized
check(s) to the funding party. For purposes of refund,
photocopies of pre-authorized check(s) are not accepted.
With receipt of your refund, your original pre-authorized
check(s) will be returned to you. E. Reinstatement:
If the Vehicle Service Contract is cancelled due to
non-payment, we reserve the option to reinstate the
Agreement. As a condition of reinstatement, any reinstatement
request must be made within thirty (30) days of cancellation
and the full amount of the Contract price must be paid
at the time of reinstatement. We will not be responsible
for any Mechanical Failure to your vehicle during the
first thirty (30) days and 1,000 miles from the effective
date of the Reinstatement Notice.
WHAT TO DO IF YOU HAVE A MECHANICAL BREAKDOWN
(1) Use all reasonable means to protect the vehicle
from further damage. This may require you to stop the
vehicle, turn off the engine, and have the vehicle towed.
(2) If the vehicle is inoperable and needs to be towed,
call Roadside Assistance toll free at 1-866-827-9805.
Have your membership contract number ready before you
call. Any payment of the costs of transporting the vehicle
for service is provided under this service contract
exclusively pursuant to the terms and conditions for
emergency road service provided by Roadside Assistance.
(3) In-home service is not provided under this service
contract.
(4) Present this service contract to the Repair Facility
and call ACSC toll free at 1-800-824-7059 to obtain
prior authorization for any repairs. No claims will
be paid without prior authorization. Prior to proceeding
with any repairs, the Repair Facility must call ACSC
with an estimate of the cost of repairs and receive
an
authorization number from ACSC.
(5) Fax or mail any maintenance receipts. ACSC can be
reached via fax at 1-256-851-6828 or through the mail
at P.O. Box 1231, Huntsville, AL 35805.
(6) Reimbursement for emergency repairs performed outside
of normal business hours can be obtained by the Contract
Holder only if he/she follows the above procedures on
the first business day after such emergency repairs
are performed.
(7) The Contract Holder is responsible
for paying a $50 deductible for each visit to the Repair
Facility, unless another deductible is selected.
WHAT ACSC WILL DO WHEN YOU REPORT A CLAIM
Upon the filing of a claim under this Contract,
ACSC will verify the validity of the Service Contract
(proper owner, proper vehicle, Contract still in force),
verify the
Breakdown with the Repair Facility, verify the coverage,
and authorize repair of covered parts (provide Repair
Facility with authorization code and confirm cost of
repair). Payment is provided through direct billing,
credit card, or Contract Holder reimbursement.
HOW THIS CONTRACT MAY BE TRANSFERRED
The rights and duties of the Contract Holder under this
service contract may be transferred in connection with
the sale of the vehicle directly to another private
party, but only if the Contract Holder: (1) Sends a
completed transfer application to ACSC within thirty
(30) days of the sale or transfer of the vehicle; and
(2) encloses a $50.00 transfer fee. Only the original
Contract Holder may transfer this service contract.
The Contract Holder may not transfer this service contract
if the vehicle is traded or sold to or through any entity
other than a private party. In the event the vehicle
is a total loss or is repossessed, any rights and obligations
under this service contract immediately transfer to
the lien holder, if any. The Contract Holder must provide
the new owner of the vehicle with copies of all receipts
as listed under the section of this service contract
entitled “Contract Holder Obligations.”
PROVIDER’S RIGHT TO CANCEL THIS SERVICE CONTRACT
ACSC may cancel this service contract and/or deny any
claims presented under this service contract if:
• The Contract Holder fails to pay any amount
when due.
• ACSC discovers fraud or material misrepresentation
by the Contract Holder in obtaining this service contract
or in presenting a claim for service hereunder, including,
but not limited to, whether the vehicle title indicates
that the vehicle was salvaged or rebuilt.
• ACSC discovers an act or omission by the Contract
Holder, or a violation by the Contract Holder of any
condition of this service contract, that occurred after
the effective date of this service contract and that
substantially and materially increases the service required
under this service contract, including but not limited
to: failure of the odometer of the vehicle to record
the actual mileage of the vehicle after the effective
date of this service contract and/or the actual mileage
of the vehicle cannot be established to a reasonable
degree of certainty at the time of sale; if there is
a lack of required maintenance; operation of the vehicle
without coolant or lubricant; and use of the vehicle
for commercial purposes (unless the Commercial Use option
is purchased).
In the event this service agreement is canceled by the
Provider, return of premium shall be based upon 100%
of unearned pro rata purchase price. In the event that
your contract is cancelled for non-payment, no refund
will be due.
Returned Check Charge: A returned check charge of $25.00
will be assessed each time you pay us with a check or
pre-authorized check that is returned unpaid. The funding
party will post the returned charge to your balance
due. Unpaid late fees will be posed to your balance
due.
Refund Policy for Pre-Authorized Check Payments: If
payment has been made by a pre-authorized check(s),
you must submit all original cancelled pre-authorized
check(s) to the funding party. For purposes of refund,
photocopies of pre-authorized check(s) are not accepted.
With receipt of your refund, your original pre-authorized
check(s) will be returned to you.
Reinstatement: If this service contract is cancelled
due to non-payment, we reserve the option to reinstate
the Agreement. As a condition of reinstatement, any
reinstatement request must be made within thirty (30)
days of cancellation and the full amount of the purchase
price must be paid at the time of reinstatement. We
will not be responsible for any Mechanical Breakdown
to your vehicle during the first thirty (30) days and
1,000 miles from the effective date and miles at the
time of reinstatement.
DISPUTES ABOUT THIS SERVICE CONTRACT
The Contract Holder agrees that any controversy or claim
arising out of or related to this service contract,
or the breach thereof, will be resolved by arbitration
administered by the American Arbitration Association
(“AAA”). Matters involving damages of less
than $10,000 will be resolved pursuant to the AAA’s
Arbitration Rules for the Resolution of Consumer-Related
Disputes and matters involving damages of $10,000 or
more will be resolved by a single arbitrator pursuant
to AAA’s Commercial Arbitration Rules. For a copy
of procedures to follow to file a claim or other information
regarding arbitration, contact AAA, 335 Madison Ave.,
NY, NY 10017 or online at www.adr.org. All disputes
regarding this service contract will be subject to the
laws of the State of Alabama.
NOTICE OF ARBITRATION AGREEMENT: This agreement provides
that all disputes between you and the Provider will
be resolved by BINDING ARBITRATION
You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert
or defend your rights under this contract (EXCEPT for
matters that may be taken to SMALL CLAIMS COURT).
Your rights will be determined by a NEUTRAL ARBITRATOR
and NOT a judge or jury. You are entitled to a FAIR
HEARING , BUT the arbitration procedures are SIMPLER
AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator
decisions are as enforceable as any court order and
are subject to VERY LIMITED REVIEW BY A COURT.
FOR MORE DETAILS: Review “Disputes About This
Service Contract”
OTHER IMPORTANT CONTRACT PROVISIONS
This service contract is not issued by the vehicle manufacturer
or the wholesale company marketing your motor vehicle.
This service contract will not be honored by the vehicle
manufacturer or such wholesale company. This service
contract contains the complete agreement between the
parties and is not valid unless signed by both the Contract
Holder and an authorized representative of the Provider.
Purchase of this Contract is not required to purchase
or obtain financing for the Vehicle.
The obligation of the Provider to perform under this
Contract is insured by Vehicular Service Insurance Company
Risk Retention Group, Norman Oklahoma. In the event
the Provider fails to pay that which it is legally obligated
to pay within 60 days after proof of loss has been filed
with ACSC, the Contract Holder may file a claim under
the insurance policy by mailing a copy of the adjudication
to VSIC, RRG at their above address or toll-free at
1-800-824-7059. If this Service Contract was purchased
in the State of Washington, such a claim may be made
to ACSC, at any time.
This Contract is not issued by the manufacturer or wholesale
company marketing the vehicle. This Contract will not
be honored by such manufacturer or wholesale company.
This Contract contains the complete agreement between
the parties and is not valid unless signed by both the
Contract Holder and an authorized representative of
the Provider.
The aggregate total of Provider’s liability for
all benefits paid or payable during the term of this
Contract shall not exceed the average retail value of
the vehicle according to current National Auto Dealers
Association standards at the time of Breakdown.
Other State Requirements
/ Disclosures
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.
Alabama
This paragraph under “Cancellation of this Contract
– Refunds and Charges” is replaced in its
entirety with the following:
If no claim has been made under this Contract, the Contract
Holder is entitled to cancel this contract within Twenty
(20) Days of the date the Contract was mailed or within
Ten (10) Days of delivery if the Contract was delivered
at the time of initial sale and receive a full refund
of the purchase price. If the Contract is cancelled
after the first Twenty (20) Days, a pro rata refund
will be calculated less the application cancellation
fee in the amount of Twenty Five dollars ($25.00). A
ten percent (10%) penalty per month shall be added to
a refund not paid or credited within Sixty (60) Days
after return of the Contract to the Provider.
Alaska
The Contract Provider must return any unearned premium
within Forty-Five (45) Days of receipt of a request
for cancellation or the effective date of cancellation,
whichever is later. The Contract Provider may charge
cancellation fee of seven and one half percent (7.5%)
of the unearned premium, not to exceed fifty dollars
($50.00).
The Contract Provider must provide the Contract Holder
notice of cancellation for nonpayment no less than Twenty
(20) days prior to the effective date of cancellation.
Notice of Cancellation for conviction of the Contract
Holder of a crime which increases a hazard insured against
or for discovery of fraud or material misrepresentation
by the insured shall be given at least 10 days prior
to the cancellation date. Notice of Cancellation for
all other reasons must be given at least Sixty (60)
days prior to the cancellation date.
Arizona
The Contract Holder may cancel this contract and receive
a pro rata refund based on the Policy outlined by the
Contract Provider with the following exception: No claim
incurred or paid shall be deducted from the amount to
be refunded. State law and Administrative Code supersede
any other provision herein. The Contract Holder may
contact the Arizona Department of Insurance at 1910
North 44th Street #210, Phoenix, AZ 85019-7256.
Colorado
The Contract Holder may not cancel this contract unless
requested by the lienholder or in the event of a total
loss. Proof of loss must be provided. The Contract Provider
may cancel the contract under the terms and conditions
outlined in the section entitled Providers Right to
Cancel this Contract.
Connecticut
If the term of the service Contract is less than one
year, the term shall be automatically extended for the
period of time the vehicle is in the custody of the
repair facility for services authorized by the Contract
Provider. Resolution of Disputes: In the event the Contract
Holder and the Contract Provider fail to agree on an
equitable resolution of a dispute arising regarding
the coverage afforded under the terms of the service
contract; the Contract Holder may send a written complaint,
containing a description of the dispute, the purchase
or lease price of the product, the cost of repair of
the product and a copy of the service contract to: State
of Connecticut, Insurance Department, P.O. Box 816,
Hartford, CT 06142-0816, Attn: Consumer Affairs.
Georgia
The Contract Holder may cancel this contract at any
time and receive a pro rata refund of the Total Contract
Purchase price based on the greater of days in force
or the miles driven compared to the total Contract term.
The deduction of claims paid or an assessment of a cancellation
fee is not allowed. The Contract Provider may only cancel
the contract for fraud, material misrepresentation or
for non payment and issue a pro rata refund if the total
Contract price based on the greater of days in force
or miles dived compared to the total Contract term.
The notice of cancellation must be in writing and comply
with 33-24-44 of the Georgia Code. If a refund is not
paid or credited within Sixty (60) Days after proof
of loss is filed, the Contract Holder may file a claim
with the insurance company. The follow section “EXCLUSIONS
– WHAT THIS SERVICE CONTRACT DOES NOT COVER “
is amended as follows:
(1) Mechanical failure of any parts covered in this
contract if any hi-performance, competition or other
non- standard equipment has been installed in described
vehicle or if any engine parts as supplied by vehicle
manufacturer have been disconnected or altered to increase
performance while owned by you.
(2) Repair or replacement of a covered component/part
to correct conditions that may reasonably be assumed
or known to you to have existed at the inception date
of the coverage provided by this contract (Pre-existing
conditions).
(3) The information provided by you or the repair facility
cannot be verified as accurate or is found to be inaccurate.
This Exclusion does not apply to Georgia residents.
Idaho
The Contract Holder may cancel the Contract in the event
the motorcycle/snowmobile is returned, sold, lost, stolen
or destroyed and receive a pro rata refund in accordance
with the terms of the Contract. Coverage’s under
this motor motorcycle/snowmobile is not guaranteed by
the Idaho Insurance Guaranty Association.
Illinois
The Contract Provider may retain a cancellation fee
not to exceed the lesser of ten percent (10%) of the
Contract price or Fifty Dollars ($50.00).
Iowa
The Contract Holder may contact VSIC, RRG (the Contract
Provider) by mail at P.O. Box 1231, Huntsville, AL 35810,
or phone 1-800-824-7059, or the Iowa Securities Bureau
at 340 Maple Street, Des Moines, Iowa 50319-0066 or
phone 1-(515)-281-441.
Kentucky
“Breakdown” or “Mechanical
Breakdown” means the event caused by the total
failure of any covered part to work as it was designed
to work in normal service including defects in material
and workmanship.
Nebraska
ACSC (The Administrator) shall pay on behalf of the
Insured all sums which the Insured is legally obligated
to pay according the Insured’s contractual obligations
under and in accordance will all the terms of the Service
Contracts issued or sold by the Insured.
Nevada
If no claim has bee made under this Contract,
the Contract Holder is entitled to cancel this contract
within Twenty (20) Days of the date the Contract was
mailed or within Ten (10) Days of delivery if the Contract
was delivered at the time of initial sale and receive
a full refund of the purchase price. A ten percent (10%)
penalty per month shall be added to a refund not paid
or credited within Forty Five (45) Days after return
of the Contract to the Provider. If the contract is
cancelled after Twenty (20) Days the Contract Provider
may assess a fee of Fifty dollars ($50.00). Claims paid
or pending may not be deducted. The Contract Provider
cannot cancel the contract after Seventy (70) Days except
for nonpayment of the Contract price or a material misrepresentation
related to obtaining this contract or making a claim.
The cancellation of the Contract will become effective
Fifteen (15) Days after the notice of cancellation is
mailed to the Contract Holder. If this Contract is cancelled
by the provider a cancellation fee may not be charged.
New Mexico
A ten percent (10%) penalty per month shall be added
to a refund not paid or credited within Sixty (60) Days
after return of the Contract to the Provider. The Contract
Provider cannot cancel a contract that has been in effect
for at least Seventy (70) Days except for: (1) non-payment
(2) Conviction of a crime that results in an increase
in the service required under the service contract (3)
the discovery of fraud or material misrepresentation
(4) or discover of either an act or omission by the
Holder or a violation by the Holder of any condition
of their service contract if it incurred after the effective
date of the service contract and substantially and materially
increased the service required under the contract. The
cancellation of the contract will become effective Fifteen
(15) Days after notice of cancellation is mailed to
the Contract Holder.
New York
A ten percent (10%) penalty per month shall
be added to a refund not paid or credited within Thirty
(30) Days after return of the Contract to the Provider.
North Carolina
The Contract Holder may cancel this Contract at any
time after purchase and a pro rata refund will be calculated
less the applicable cancellation fee in the amount of
Fifty dollars ($50.00) or ten percent (10%) of the pro
rata refund, whichever is less. A ten percent (10%)
penalty per month shall be added to a refund not paid
or credited within Sixty (60) Days after return of the
Contract to the Provider.
Oklahoma
The section titled How This Contract May Be Cancelled,
Including Refunds and Chargers is amended as follows:
The Contract Holder may cancel this Contract by contacting
the dealership or ACSC at P.O. Box 1231, Huntsville,
AL 35805. The Contract Holder may cancel this Contract
at any time. In the event of cancellation of the contract
within the first 30 days and having no claim authorized
or paid, the Contract Holder is entitled to a full refund.
If the Contract Holder cancels the contract after 30
days, or has made a claim within the first 30 days,
the Contract Holder shall receive 90% of the unearned
pro rata contract purchase price less fifty dollars
($50) and claims paid. If the administrator cancels
the contract, 100% of the premium will be refunded.
Coverage afforded under this contract is not guaranteed
by the Oklahoma Insurance Guaranty Association.
Oklahoma does not review commercial service warranty
contract language (only personal).
South Carolina
The Contract Holder may cancel or submit a claim on
this contract by contacting the Contract Provider. A
ten Percent (10%) penalty per month shall be added to
a refund not paid or credited within Forty Five (45)
Days. If the matter has not been resolved within sixty
(60) Days after proof of loss has been submitted, the
Contract Holder may contact the South Carolina Department
of Insurance, P. O. Box 100105, Columbia, South Carolina
29202. (800) 768-3467.
West Virginia
The Contract Holder may cancel this Contract
by contacting the dealership or ACSC at P.O. Box 1231,
Huntsville, AL 35805. The Contract Holder may cancel
this Contract at any other time and receive a pro rata
refund of the Total Contract Purchase Price based on
the greater of the days in force or the miles driven
compared to the total Contract Term, less the applicable
cancellation fee and less claims if applicable in your
state. The Term of this contract for cancellation purposes
will be based on the date of purchase of the service
contract and the vehicle mileage on such date. ACSC
is primarily liable to provide any refund under this
Contract.
Wyoming
If no claim has been made under this Contract, the Contract
Holder is entitled to cancel this Contract within Thirty
(30) Days of the date of the Contract and receive a
full refund. If you financed this Contract Price, the
terms of the financing are contained in a separate agreement
entered into between You and the Lienholder. The lienholder
may not cancel this contract but may be shown as joint
payee on any refund issued. If the Contract Provider
cancels this Contract, a written notice will be mailed
to you at your last known address contained in their
records at least Ten (10) Days prior to cancellation.
The notice will state the effective date of cancellation
and the reason for cancellation. The Provider will not
send you an advance notice if the reason for cancellation
is nonpayment of the Contract price, a material misrepresentation
by the Contract Holder to the Provider or a substantial
breach of duties by the Contract Holder relating to
the motorcycle/snowmobile or its use. A ten percent
(10%) 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 the provider.
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