Owner Car Care Power Train Contract
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| OWNER CAR CARE
POWER TRAIN CONTRACT |
Definitions
"Vehicle” means
the covered car or truck shown in Registration Page.
"You” and “Your”
mean the customer (private individual) shown in Section
1 on the Information Schedule, or an eligible person
to whom this Service Contract has been properly transferred.
“We”, “Us”
and “Our” means Western Insurance Company
675 W. Moana Lane Reno, Nevada 89509. 1-877-829-6650.
"Administrator”
means LG Warranty, LLC – PO Box 335 Dublin Ohio
43017 – 1-888-807-2812
"Breakdown”
means the failure of any original or like replacement
part covered by this Service Contract to perform its
intended function(s) in normal service, providing it
has received all scheduled maintenance as recommended
by the manufacturer in the Owner’s Manual. Breakdown
does not include the gradual reduction in operating
performance caused by wear and tear where a failure
has not occurred.
"Odometer Miles”
means the actual miles Your Vehicle has traveled as
recorded on an unaltered odometer.
"Cost” means
the reasonable and customary charges for parts and labor
necessary to repair or replace the parts covered. These
charges shall not exceed the manufacturer’s suggested
retail price for parts and labor allowances derived
from nationally recognized labor time publications.
“Warranty”
means any Warranty of the manufacturer, state required
Warranty, dealer Warranty or a Repair Facility guarantee.
"Deductible”
means the amount You are required to pay, as shown in
the Registration page, per visit for covered Breakdowns.
If Your Cost is a Warranty Deductible charge imposed
by the manufacturer, this Service Contract will pay
the manufacturer’s Deductible.
"Months” means
the number of Months shown on the registration page
"Miles” means
the number of Miles shown on the registration page.
"Service Contract
Price” means the amount You paid for this Service
Contract shown on the registration page.
"Service Contract
Purchase Date” means the date You purchased this
Service Contract shown on the registration page.
" Repair Facility”
means a franchised automobile dealer or licensed repair
facility that provides a written parts and labor guarantee
for covered repairs of not less than 6 months and 6,000
miles. Repairs performed by any facility must receive
authorization from the Administrator prior to beginning
repairs.
"Selling Dealer”
means the dealer from whom You purchased this Service
Contract shown on the registration page.
“Elimination Period”
means the first 30 days and 1,000 miles of this Service
Contract, affords no coverage whatsoever. Coverage begins
on the 31st day and 1,000 miles from the Service Contract
Purchase date.
What is Covered
Ultimate Coverage
We will pay or reimburse
You for reasonable costs to repair or replace any Breakdown
of all mechanical or electrical parts except those listed
under the SECTION WHAT IS NOT COVERED, less any Deductible,
in accordance with GENERAL PROVISIONS contained in this
Contract. Reimbursement amounts for replacement parts
or components may be based on new, remanufactured, or
used parts at OUR sole discretion.
Gold Coverage
The following parts are
covered. Parts not listed are not covered.
Engine:
All internally lubricated parts including but not limited
to: crankshaft and bearings, oil pump, pistons, piston
rings, connection rods and rod bearings, timing gears,
timing chain, timing belt, camshaft and camshaft bearings,
push rods, rocker arms, rocker arm shaft and hydraulic
lifters, intake and exhaust valves, valve springs, harmonic
balancer. Engine blocks and cylinder heads are also
covered if Breakdown was caused by an internally lubricated
part.
Turbocharged/Supercharged/Diesel
Engines: All internally lubricated parts, turbocharger
and injection pump. This coverage must purchase if so
equipped. Coverage will apply only when selected on
the registration page and the appropriate surcharge
has been paid.
Automatic/Standard
Transmission: All internally lubricated parts
within the gear case, torque converter, housing if Breakdown
was caused by the failure of an internally lubricated
part. (Clutch plate, pressure plate, Flywheel, release
and pilot bearings are NOT included).
Drive Axle Assembly
(2 Wheel Drive): All internally lubricated
parts. Universal and CV joints except if boot was damaged
or missing. Drive axle housing is also covered if damage
is caused by Breakdown of an internally lubricated part.
4 Wheel Drive /
All Wheel Drive must purchase if so equipped.
Coverage will apply only when selected on the registration
page and the appropriate surcharge has been paid. Drive
Axle Assembly (4 Wheel and All Wheel Drive): All internally
lubricated parts, C/V joints (except if boot was damaged
or
missing). Housing and transfer case if damaged by an
internally lubricated part.
One Ton/Dual Wheel
must purchase if so equipped. Coverage will apply only
when selected on the registration page and the appropriate
surcharge has been paid.
Air Conditioning:
Compressor, clutch, coil pulley, evaporator, accumulator
and condenser, if factory installed.
Front Suspension:
Struts, upper and lower control arms, upper and lower
ball joints, steering knuckle, wheel bearings, control
arm shaft and bushings, stabilizer bar, linkage and
bushings.
Steering:
Power steering pump, steering gear housing and its internal
parts and rack and pinion assembly.
Brakes:
Master cylinder, vacuum booster, wheel cylinders, disc
brake calipers, proportioning and control valves, metal
hydraulic lines and fittings. (Pads, shoes, drums or
rotors are NOT covered).
Cooling:
Water pump, Radiator, fan clutch and cooling fan motor.
Fuel Delivery:
Fuel pump, fuel tank, fuel injectors and metal
fuel lines.
Electrical:
Alternator and starter, voltage regulator, wiper motors,
wiper module, heater blower motor, window motors, window
regulators, ignition module, ignition coil, engine operation
computer, distributor, starter, starter solenoid, seat
motors and door lock actuators, manually operated switches
for all the above listed parts. Factory installed GPS
units are covered once the applicable surcharge is paid.
Emissions Coverage
to include O2 Sensors and EGR Valve once the applicable
surcharge is paid.
Power Train Coverage
The following parts are
covered. Parts not listed are not covered.
Engine:
All internally lubricated parts including but not limited
to: crankshaft and bearings, oil pump, pistons, piston
rings, connection rods and rod bearings, timing gears,
timing chain, timing belt, camshaft and camshaft bearings,
push rods, rocker arms, rocker arm shaft and hydraulic
lifters, intake and exhaust valves, valve springs, harmonic
balancer. Engine blocks and cylinder heads are also
covered if Breakdown was caused by an internally lubricated
part.
Turbocharged/Supercharged/Diesel
Engines: All internally lubricated parts, turbocharger
and injection pump. This coverage must purchase if so
equipped. Coverage will apply only when selected on
the registration page and the appropriate surcharge
has been paid.
Automatic/Standard
Transmission: All internally lubricated parts
within the gear case, torque converter, housing if Breakdown
was caused by the failure of an internally lubricated
part. (Clutch plate, pressure plate, Flywheel, release
and pilot bearings are NOT included).
Drive Axle Assembly
(2 Wheel Drive): All internally lubricated
parts. Universal and CV joints except if boot was damaged
or missing. Drive axle housing is also covered if damage
is caused by Breakdown of an internally lubricated part.
4 Wheel Drive /
All Wheel Drive must purchase if so equipped.
Coverage will apply only when selected on the registration
page and the appropriate surcharge has been paid. Drive
Axle Assembly (4 Wheel and All Wheel Drive): All internally
lubricated parts, C/V joints (except if boot was damaged
or missing). Housing and transfer case if damaged by
an internally lubricated part.
ADDITIONAL BENEFITS:
Towing Benefit - In the
event of a Breakdown covered by this service Contract,
We will pay or reimburse You for receipted towing expenses
up to one hundred dollars ($100.00) per occurrence.
Rental Benefit - In the
event of a Breakdown covered by this service Contract,
We will pay or reimburse You for receipted expenses
to rent a replacement vehicle (from a licensed rental
agency) while Your Vehicle is at a Repair Facility.
Coverage will be provided to You up to a maximum of
thirty five dollars ($35.00) for every eight (8) labor
hours, of portion thereof, of applicable labor time
required to complete the repair, up to a maximum of
one hundred dollars ($175.00) for each repair visit.
In addition, a maximum of one (1) additional day of
rental applies for parts/inspection delays.
Trip Interruption -
In the event a Breakdown covered by this Contract occurs
more than one hundred (100) miles from Your home and
results in a Licensed Repair Facility keeping Your Vehicle
overnight, We will reimburse You for receipted motel
and restaurant expenses, up to one hundred twenty-five
dollars ($125.00) per day for a maximum of three (3)
days (Total benefit per occurrence of three hundred
seventy-five dollars $375.00.) No Deductible will apply
to this benefit.
Lost Key/Lockout - In
the event the keys for Your Vehicle are lost, broken
or accidentally locked in Your Vehicle, this benefit
covers receipted expenses, up to a maximum of fifty
dollars ($50.00), for locksmith services. No Deductible
will apply to this benefit.
Road Service Benefit
- In the event Your Vehicle becomes disabled and requires
on-site assistance (from a Licensed Repair Service Facility)
for vehicle extrication, fuel or fluid delivery, or
battery boost/jump, We will reimburse You for receipted
expenses (excluding the cost of fluids or fuel expense)
up to a maximum of one hundred dollars ($100.00) per
occurrence. This benefit excludes towing. No Deductible
will apply to this benefit.
Tire Coverage Benefit
- In the event Your Vehicle’s tire(s) incur(s)
damage from a road hazard, We will pay or reimburse
You for receipted expenses for tire repair, or if non-repairable,
for tire replacement up to a maximum of twenty dollars
($20.00) for each tire repaired or one hundred dollars
($100.00) for each tire replacement, up to a maximum
aggregate of four hundred dollars ($400.00) during the
term of this Contract. A “road hazard” shall
mean: pothole, rock, nail, wood, tree limb/branch, or
other debris on the road surface.
GENERAL PROVISIONS
This service Contract is
between You and Us, and is subject to all the terms
and conditions herein: Service Contract Period Coverage
under this service Contract begins on the Vehicle Purchase
Date set forth in the Declaration Section and will expire
at 12:01 a.m. Eastern Standard Time on the Expiration
Date or upon reaching the Expiration Odometer, whichever
occurs first, set in the Declaration Section. The service
Contract period includes the Elimination Period as described
under DEFINITIONS of this service Contract.
Limit of Liability
Aggregate –The total
aggregate of all claims paid or payable for all Breakdown
Coverage’s collectively shall be no greater than
the Actual Cash Value of Your Vehicle at the time of
loss. Deductible. In the event of a Breakdown covered
by this service Contract, You may Be required to pay
a Deductible for each repair visit to repair or replace
a Covered Part. To determine if a Deductible applies,
and if so, the amount, please see the Deductible entry
in the Declaration Section. Once a Covered Part is repaired
or replaced under the terms of this service Contract,
any Deductible(s) amount to repair or replace a Breakdown
of that part will be waived during the service Contract
period.
A. Transferability
1. Your service Contract
may be transferable to someone to whom You sell
or otherwise transfer Your Vehicle while this service
Contract is still in force. This service Contract
cannot be transferred if the title transfer of Your
Vehicle passes through an entity other than the
subsequent buyer, or Your Vehicle is sold or traded
to a dealership, leasing agency or entity/individual
in the business of selling vehicles. This service
Contract can only be transferred once and the transfer
must be initiated by the original service Contract
holder.
2. In order to transfer
the service Contract, the following must be submitted
to the Administrator within thirty (30) days of
the change of ownership to the subsequent individual
purchaser.
• Original
service Contract Application;
• Letter requesting
transfer signed by You and the purchaser of Your
Vehicle and listing the date of transfer and the
current odometer mileage;
• Seventy-Five
Dollar ($75.00) Transfer fee made payable to the
Administrator; and
• Copies of
all maintenance records.
Forward all required
documentation to the Administrator at the address
shown in the service Contract.
Any manufacturer’s
warranty must also be transferred at the same time
as vehicle ownership transfer.
Note: The term and/or coverage’s under some
vehicle manufacturer’s warranties are reduced
upon transfer to a subsequent vehicle owner. Breakdowns
to components covered by the manufacturer during the
term of the original manufacturer’s warranty
are not covered under this service Contract regardless
of transfer. Copies of all maintenance records and
original receipts showing actual oil changes and manufacturer’s
recommended maintenance must be given to the new owner
and provided to the Administrator a the time of submission
of the transfer request. These maintenance records
must be retained along with similar documentation
for future maintenance work that the new owner has
performed in accordance with, YOUR RESPONSIBILITIES.
If these requirements are not met, the Administrator
has the right to deny transfer of this service Contract.
B. Cancellation
of Your Contract
1. You may cancel the
Contract at any time by:
a. Returning to the
Dealer/ Lessor to complete and sign the cancellation
forms.
b. Mailing written
notice to the Dealer/ Lessor of Your desire to
cancel the Contract.
In either instance
above, the request must be accompanied by a notarized
affidavit indicating the odometer reading at the
date of the request. The request for cancellation
must be made no later than forty-five (45) days
of the date that the cancellation is to become
effective (except in the case of repossession,
stolen or totaled vehicles). The Administrator
may request supporting documentation from the
primary insurance company or police reports indicating
dates and mileage at time of incident.
2. We may cancel, at
any time if:
a) Your Vehicle is
totaled or repossessed.
b) Your Vehicle’s
odometer is disconnected or altered or the true
and actual miles cannot be determined.
c) Your Vehicle is
used in a manner not covered by the Contract,
including vehicle modifications not recommended
by the manufacturer.
d) The charge for
the Contract is not paid.
e) You employed intentional
misrepresentation in obtaining the Contract.
f) You employed intentional
misrepresentation in the submission of a claim.
g) Your Vehicle does
not have a valid manufacturer VIN.
h) Your Vehicle’s
title is branded as salvage, junk, rebuilt, totaled,
flood damaged or manufacturer buyback.
i) Your claim aggregate
has reached the Vehicle Purchase Price.
Notice of such cancellation
will be delivered to You by first class mail. The
notice of cancellation will state one of the above
mentioned basis of cancellation and will include any
reimbursement required. The cancellation will be effective
as of the date of termination as stated in the notice
of cancellation.
C. Refund Calculation
If this Contract is cancelled
within the first sixty (60) days from the effective
date, We will refund the entire Contract charge paid.
If this Contract is cancelled after the first sixty
(60) days, We will refund an amount of the Contract
charge according to the pro-rata method reflecting
the greater of the days in force or the miles driven
based on the term of the plan selected and the date
Coverage begins, less a fifty- dollar ($50.00) administrative
fee. In the event of cancellation, the
lienholder, if any, will be named on a cancellation
refund check as their interest may appear.
WHAT IS NOT
COVERED
This service Contract
does not provide Coverage:
(1) FOR ANY CLAIM NOT
RECEIVING PRE-AUTHORIZATION FOR REPAIRS FROM THE
ADMINISTRATOR.
(2) FOR REPAIRS TO
ANY PART OR PARTS OF THE DESCRIBED VEHICLE NOT SPECIFICALLY
LISTED IN SECTION II, BREAKDOWN COVERAGES, OF THIS
SERVICE CONTRACT.
(3) FOR MAINTENANCE
SERVICES AND PARTS DESCRIBED IN YOUR VEHICLE’S
OWNER MANUAL AS SUPPLIED BY THE MANUFACTURER AND
OTHER NORMAL MAINTENANCE SERVICES AND PARTS WHICH
INCLUDE, BUT ARE NOT LIMITED TO: ALIGNMENTS, ADJUSTMENTS,
CLEANING, WHEEL BALANCING, TUNE-UPS, SPARK PLUGS,
SPARK PLUG WIRES, GLOW PLUGS, MANUAL TRANSMISSION
CLUTCH ASSEMBLY (FRICTION CLUTCH DISC, PRESSURE
PLATE, FLYWHEEL, THROW OUT AND PILOT BEARINGS),
MANUAL AN HYDRAULIC LINKAGES, HOSES, DRIVE BELTS,
SHOP SUPPLIES AND ENVIRONMENTAL WASTE CHARGES.
(4) FOR DAMAGE AND/OR
BREAKDOWN RESULTING FROM COLLISION, ROAD HAZARD,
FIRE, THEFT, VANDALISM, RIOT, EXPLOSION, LIGHTINING,
EARTHQUAKE, WINDSTORM, VOLCANIC ERUPTION, FREEZING
RUST OR CORROSION, WINDSTORM, HAIL, WATER OR FLOOD,
ACTS OF GOD, SALT, ENVIRONMENTAL DAMAGE, CHEMICALS,
CONTAMINATION OF FLUIDS, FUELS, COOLANTS, LUBRICANTS
OR FOREIGN MATERIAL. DAMAGE RESULTING FROM COAGULATED
COOLANTS IS NOT COVERED.
(5) FOR ANY BREAKDOWN
CAUSED BY MISUSE, ABUSE, NEGLIGENCE, LACK OF SCHEDULED
MAINTENANCE REQUIRED BY THE MANUFACTURER’S
MAINTENANCE SCHEDULE FOR YOUR VEHICLE, OR IMPROPER
SERVICING OR REPAIRS PERFORMED BY YOU OR A REPAIR
FACILITY. FAILURE TO PROVIDE VERIFIABLE PROOF OF
MAINTENANCE WILL/ MAY VOID COVERAGE. FOR ANY BREAKDOWN
CAUSED BY PRE-IGNITION, DETONATION, CARBON, SLUDGE
OR VARNISH BUILD-UP, LUBRICANT BLOCKAGE OR THE FAILURE
TO MAINTAIN PROPER LEVELS OF LUBRIANTS, AND/OR COOLANTS,
OR ANY BREAKDOWN RESULTING FROM FAILURE TO PROTECFT
YOUR VEHICLE FROM FURTHER DAMAGE WHEN BREAKDOWN
HAS OCCURRED, YOU ARE RESPONSIBLE FOR MAKING CERTAIN
THAT THE OIL AND TEMPERATURE WARNING LIGHTS/GAUGES
ARE FUNCTIONING PROPERLY. YOU MUST PULL OFF THE
ROAD IMMEDIATELY AS IS SAFE AND DISCONTINUE VEHICLE
OPERATION WHEN EITHER OF THESE LIGHTS/GAUGES INDICATES
INADEQUATE PROTECTION OR PERFORMANCE.
(6) FOR ANY REPAIR
OR REPLACEMENT OF ANY COVERED PART IF A BREAKDOWN
HAS NOT OCCURRED.
(7) IF ANY ALTERATIONS
HAVE BEEN MADE TO YOUR VEHICLE OR YOU ARE USING
OR HAVE USED YOUR VEHICLE IN A MANNER NOT RECOMMENDED
BY THE MANUFACTURER, INCLUDING, BUT NOT LIMITED
TO DAMAGE RESULTING TO ANY CUSTOM OR ADD-ON PART
OR FAILURE AS A RESULT OF ANY CUSTOM OR ADD- ON
PAR, INCLUDING BUT NOT LIMITED TO: ALL FRAME OR
SUSPENSION MODIFICATIONS, LIFT KITS, OVERSIZED/UNDERSIZED
TIRES, TRAILER HITCHES, ENGINE MODIFICATIONS, TRANSMISSION
MODIFICATIONS, AND/OR DRIVE AXLE MODIFICATIONS,
EMISSIONS AND/OR EXHAUSE SYSTEMS MODIFICATIONS.
OVERSIZED TIRES CAUSE YOUR ODOMETER TO BE READ IMPROPERLY.
YOU MUST RETAIN PROOF THAT YOUR VEHICLES ODOMETER
HAS BEEN RECALIBRATED SO THAT THE TRUE AND ACTUAL
MILEAGE CAN BE DETERMINED. IF PROOF CANNOT BE PROVIDED,
THE ADMINISTRATOR HAS THE RIGHT TO RECALCULATE YOUR
EXPIRATION MILEAGE IN ACCORDANCE WITH INDUSTRY STANDARDS.
(8) FOR VEHICLES THAT
DO NOT HAVE VALID MANUFACTURER VIN’S OR ARE
TITLED BRANDED AS SALVAGE, JUNK, REBUILT, TOTALED,
FLOOD DAMAGED OR MANUFACTURER BUYBACK.
(9) FOR BREAKDOWNS,
IF THE VEHICLE ODOMETER IS BROKEN, HAS BEEN ALTERED
AND/OR CEASED TO OPERATE SO THE ACTUAL VEHICLE MILEAGE
CANNOT BE DETERMINED. IF THE ODOMETER HAS CEASED
TO OPERATE YOU MUST SEEK REPAIR IMMEDIATELY.
(10) FOR ANY LIABILITY
FOR PROPERTY DAMAGE, OR FOR INJURY TO OR DEATH OF
ANY PERSON, ARISING OUT OF THE OPERATION, MAINTENANCE
OR USE OF YOUR VEHICLE, DESCRIBED IN THIS CONTRACT,
WHETHER OR NOT RELATED TO THE PARTS COVERED. FOR
LOSS OF USE, TIME, SHOP DELAYS, PROFIT, INCONVENIENCE,
OR ANY OTHER LOSS OR INCIDENTAL CHARGES.
(11) WHEN THE RESPONSIBILITY
FOR THE REPAIR IS COGERED BY AN INSURANCE POLICY,
SUPPLIER OR REPAIRER GUARANTEE/WARRANTY, MANUFACTURER
AND/OR DEALER CUSTOMER ASSISTANCE PROGRAM OR ANY
WARRANTY FROM THE MANUFACTURER SUCH AS EXTENDED
DRIVE TRAIN, MAJOR COMPONENT OR FULL COVERAGE WARRANTIES
(REGARLESS OF THE REMAINING MANUFACTURER’S
WARRANTY WHEN YOU PURCHASED THIS CONTRACT). FURTHER,
COVERAGE UNDER THIS CONTRACT IS SIMILARLY LIMITED
IN THE EVENT OF A BREAKDOWN IF THE MANUFACTURER
HAS ANNOUNCED ITS RESPONSIBILITY THROUGH ANY MEAND,
INCLUDING PUBLIC RECALLS AND FACTORY SERVICE BULLETINS.
(12) IF YOUR VEHICLE
IS USED FOR TOWING A TRAILER OR ANOTHER VEHICLE
OR OBJECT UNLESS YOUR VEHICLE IS EQUIPPED WITH FACTORY
INSTALLED OR FACTORY AUTHORIZED TOW PACKAGE. NO
COVERAGE WILL BE PROVIDED IF YOUR VEHICLE IS USED
FOR COMMERCIAL OR
BUSINESS USE SUCH AS, BUT NOT LIMITED TO, RENTAL,
TAXI, LIMOUSINE OR SHUTTLE, TOWING OR ROAD REPAIR
OPERATIONS, CONSTRUCTION, JOB SITE ACTIVITIES, HAULING,
POLICE OR EMERGENCY SERVICE, PRINCIPALLY OFF-ROAD
USE, RACING OR COMPETITIVE
DRIVING OR SNOW REMOVAL OR ANY USE INVOLVING REGULAR
MULTIPLE DRIVERS.
(13) DAMAGE BY NON-
COVERED PARTS TO COVERED PARTS IS NOT COVERED. DAMAGE
BY COVERED PARTS TO NON COVERED PARTS IS NOT COVERED.
(14) A CLAIM CANNOT
BE MADE IF THE CONTRACT HOLDER NO LONGER OWNS THE
VEHICLE REGARDLESS OF WHEN THE FAILURE HAS OCCURRED.
(15) FOR ANY BREAKDOWN
OR CONDITION OCCURRING PRIOR TO THE CONTRACT PURCHASE
DATE OR DURING THE CONTRACT ELIMINATION PERIOD.
(16) FOR ANY BREAKDOWN,
IF THE REPAIR INFORMATION PROVIDED BY YOUR OR THE
REPAIR FACILITY IS NOT TRUE.
(17) FOR BREAKDOWNS
THAT OCCUR TO YOUR VEHICLE OUTSIDE THE UNITED STATES
OF AMERICA OR CANADA.
(18) NEW VEHICLES FOR
WHICH THE FULL MANUFACTURER WARRANTY IS NOT IN PLACE
OR ACKNOWLEDGED BY THE MANUFACTURER.
(19) FOR DAMAGE AND/OR
BREAKDOWN CAUSED BY THE LEAKING OR FAILURE OF ANY
SEAL OR GASKET.
(20) FOR ANY BREAKDOWN
CAUSED BY THE GRADUAL REDUCTION IN OPERATION PERFORMANCE
DUE TO NORMAL WEAR AND TEAR.
YOUR RESPONSIBILITIES
D. Maintenance
Requirements and Service History
1. You must have
your vehicle checked and serviced in accordance
with the manufacturer’s recommendations,
as outlined in the Owner’s Manual for
Your Vehicle.
Note: Your Owner’s
Manual lists different servicing recommendations
based on Your individual driving habits and
climate conditions. Your are required to follow
the Normal or severe maintenance schedule that
applies to your conditions. If You do not have
an Owner’s Manual, You must change the
engine oil and engine oil filter at four (4)
months/four thousand (4,000) mile intervals.
Failure to follow the manufacturer’s recommendations
that apply to Your specific conditions may result
in the denial of Coverage.
2. If applicable,
You must replace the engine timing belt at the
intervals specified by the vehicle Manufacturer.
3. It is required
that You retain “Proof” of maintenance
for the service and/or repair work performed
on Your Vehicle, regardless if work was performed
by You or a Licensed Repair Facility. “Proof”
means repair orders from a Licensed Repair Facility
and/or self-maintained maintenance log that
has corresponding “purchase receipts”
for oil and filter, coolant and brake system
flush, etc. A self-maintained log without corresponding
“purchase receipts” is not acceptable
“Proof” of maintenance. Repair orders
from a Licensed Repair Facility must be readable
and understandable, with customer complaint
and repair diagnosis, parts, labor hours, vehicle
identification number, date, vehicle mileage,
Your name and signature, repair facility name,
address and phone number, repair totals, Deductible
(if applicable), and method of payment to satisfy
the repair order. “Proof” of maintenance
and/or Your selfmaintained log with corresponding
original receipts, may be requested by the Administrator
for related repairs.
E. Filing a
Claim
If Your Vehicle incurs
a Breakdown, You must take the following steps to
file a claim: Prevent Further Damage – Take
immediate action to prevent further damage. This
Contract will not cover the damage caused by continued
operation of Your Vehicle after a Breakdown has
occurred.
1. Take Your Vehicle
to a Licensed Repair Facility – If Your
Vehicle breaks down, return to the issuing dealer.
If this is not possible, take Your Vehicle to
any Licensed Repair Facility.
2. Provide the Licensed
Repair Facility with a Copy of Your Contract and/or
Your Contract Number. Note: All claims must be
reported to the Administrator prior to expiration
of Your Contract.
3. Obtain Authorization
from the Administrator – Prior to any repair
being made, instruct the Service Manager at the
Licensed Repair Facility to contact the Administrator
to obtain an authorization for the claim. Any
claim for repairs without prior authorization
will not be covered. We can be contacted Monday
through Friday, 8:00 a.m. to 5:00 p.m. Eastern
Standard Time.
4. Authorize Tear
– Down and/or Inspection – In some
cases, You may need to authorize the Licensed
Repair Facility to inspect and/or tear –
down Your Vehicle in order to determine the cause
and cost of the repair. You will be responsible
for these charges if the failure is not covered
under this Contract. We reserve the right to require
an inspection of Your Vehicle prior to any repair
being made. We reserve the right to remove the
Vehicle from the repair facility.
5. Review Coverage
– After the Administrator has been contacted,
review with the Service Manager what will bee
covered by this Contract.
6. Pay any Applicable
Deductible – We will reimburse the Licensed
Repair Facility or You for the cost of the work
performed on Your Vehicle that is covered by this
Contract and previously authorized, less any Deductible.
Once authorization is obtained, and the repair
is completed, all repair orders and documentation
must be submitted to the Administrator within
ninety (90) days to be eligible for payment.
7. Proof of Service
and/or Repair – To obtain payment for a
covered repair You, or the Licensed Repair Facility
must submit a legible copy or original repair
order to the Administrator. Repair orders must
be readable and understandable, with customer
complaint and repair diagnosis, parts, labor hours,
vehicle identification number, date, vehicle mileage,
Your name and signature, repair facility name,
address and phone number, repair totals, Deductible
(if applicable), and method of payment to satisfy
the repair order. “Proof” of maintenance
and/or Your self-maintained log with corresponding
receipts, may be requested by the Administrator
for related repairs. In addition (if applicable),
all related invoices (i.e., towing, rental, sublets,
etc.) must accompany the repair order for consideration
of claim reimbursement.
ARBITRATION
You and We agree that any
dispute, claim or controversy arising out of or relating
to this Contract, or the breach thereof, shall be resolved
by binding arbitration. You and We shall each select
an arbitrator and the two arbitrators shall select a
third arbitrator. The decisions of any two of the three
arbitrators is final and will be binding on You and
Us. Judgement on the award rendered by the arbitrators
may be entered in any court having jurisdiction thereof.
In the event a court having jurisdiction finds any portion
of this agreement unenforceable, that portion shall
not be effective and the remainder of the agreement
shall remain effective.
THE PARTIES UNDERSTAND
THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO
LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE
OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE
ANY DISPUTES DECIDED THROUGH BINDING ARBITRATION.
State Amendments
This Service Contract is
amended to comply with the following state requirements:
(1) Alabama
GENERAL PROVISIONS - Section
9 “How This Service Contract May Be Cancelled
- Including Refunds And Charges, Cancellation By You”
is amended to include: If You cancel this Service Contract
within sixty (60) days of the Service Contract Purchase
Date and You have not incurred a claim, a ten percent
(10%) penalty per month shall be added to a refund that
is not paid within forty-five (45) days of return of
this Service Contract to the Selling Dealer or the Administrator.
The $50 administrative
fee is deleted and replaced with a $25 administrative
fee.
(2) Alaska
WHAT THIS SERVICE CONTRACT
DOES NOT COVER - is amended to include: Exclusion #7
is revised to read “FOR A BREAKDOWN CAUSED BY
OR INVOLVING COLLISION, FIRE, THEFT, VANDALISM, RIOT,
WAR, EXPLOSION, LIGHTNING, EARTHQUAKE, HURRICANE, TROPICAL
STORM, VOLCANIC ERUPTION, WINDSTORM, HAIL, WATER, FREEZING
OR FLOOD.”
Exclusion #15 is revised
to read “IF YOUR VEHICLE HAS BEEN MODIFIED TO
PLOW SNOW, WHETHER THE SNOWPLOW BLADE IS ATTACHED TO
THE VEHICLE OR NOT, UNLESS YOUR VEHICLE IS PROPERLY
EQUIPPED FOR SUCH USE AND IS NOT USED COMMERCIALLY.”
Exclusion #16 is deleted in its entirety.
(5) Georgia
WHAT THIS SERVICE CONTRACT
DOES NOT COVER - is amended to include: Exclusion is
revised to read “FOR ANY BREAKDOWN CAUSED BY CONTAMINATION,
OVERHEATING, LACK OF COOLANT OR LUBRICANTS, LACK OF
OIL VISCOSITY OR RESTRICTED OIL FLOW.”
Exclusion is revised to
read “FOR A BREAKDOWN CAUSED BY OR INVOLVING MODIFICATIONS
MADE SUBSEQUENT TO THE PURCHASE OF THIS SERVICE CONTRACT
UNLESS THOSE MODIFICATIONS WERE PERFORMED BY THE MANUFACTURER
(E.G. OVERSIZED TIRES, LIFT KIT, AFTERMARKET PERFORMANCE
PARTS OR SYSTEMS).”
Exclusion is revised to
read “IF YOUR VEHICLE IS USED FOR COMMERCIAL PURPOSES.
EXAMPLES OF COMMERCIAL USE INCLUDE BUT ARE NOT LIMITED
TO: TAXI, POLICE CAR OR OTHER EMERGENCY VEHICLE, HAULING,
CONSTRUCTION (OTHER THAN DRIVING TO AND FROM WORK),
PICK-UP SERVICE, DAILY RENTALS, CARRY PASSENGERS FOR
HIRE, SNOWPLOWING AND COMPANY POOL USE OR BUSINESS TRAVEL
WHEN THE VEHICLE IS USED BY MORE THAN ONE DRIVER.”
Exclusion is revised to
read “IF, WHILE OWNED BY YOU, YOUR VEHICLE’S
ODOMETER HAS BEEN STOPPED, ALTERED OR MISREPRESENTS
YOUR VEHICLE’S ACTUAL MILEAGE.”
YOUR RESPONSIBILITIES -
is amended to include:
The bullet point “Authorize
the Repair Facility to perform necessary diagnostic
work…” is deleted
in its entirety.
GENERAL PROVISIONS - “Dispute
Resolution - Arbitration” is deleted in its entirety.
GENERAL PROVISIONS - “How
This Service Contract May Be Canceled - Including Refunds
And
Charges” is deleted
in its entirety and replaced by the following:
How This Service Contract
May Be Canceled - Including Refunds And Charges Cancellation
By You
You, or a person authorized
by You, may cancel this Service Contract at any time.
To cancel, contact the Selling Dealer. The Selling Dealer
will assist with Your cancellation request and verify
the mileage of Your Vehicle. If You are unable to return
to the Selling Dealer, You must provide written notice
to Us. A copy of Your Service Contract and an odometer
reading statement must be included with Your request
for cancellation. If You cancel this Service Contract,
You will receive 100% of the unearned pro-rata Service
Contract Price, less an administrative fee of $50 or
10%, whichever is less. The refund will be paid to the
Lienholder if any, otherwise to You.
Cancellation By Us
We may cancel this Service
Contract:
• In the event
of fraud;
• In the event
of material misrepresentation; or
• If You do not
pay the Service Contract Price.
If We cancel this Service
Contract, We will mail You written notice:
• At least ten
(10) days prior to the effective date of cancellation
if You do not pay the Service Contract Price; or
• At least thirty
(30) days prior to the effective date of cancellation
for fraud or material misrepresentation.
If We cancel this Service
Contract, You will receive 100% of the unearned pro-rata
Service Contract Price. The refund will be paid to the
Lienholder if any, otherwise to You. If this Service
Contract is financed and Your Vehicle is a total loss
or is repossessed, You authorize Your Lienholder (shown
in Section 2 on the Information Schedule) to cancel
this Service Contract and receive the refund. Should
We fail to refund the unearned consideration, You have
the right to receive the refund directly from Western
Insurance Company, Inc. STDMENTS (CONTINUED)
(3) Hawaii
GENERAL PROVISIONS - “How
This Service Contract May Be Canceled - Including Refunds
And Charges, Cancellation By You” is amended to
include:
If You cancel this Service Contract within sixty (60)
days of the Service Contract Purchase Date and You have
not incurred a claim, a ten percent (10%) penalty per
month shall be added to a refund that is not paid within
forty-five (45) days of return of this Service Contract
to the Selling Dealer or the Administrator.
(4) Idaho
Coverage afforded under
this Service Contract is not guaranteed by the Idaho
Insurance Guarantee Association.
(5) Illinois
GENERAL PROVISIONS - “How
This Service Contract May Be Canceled - Including Refunds
And Charges, How Refunds Are Calculated” is amended
to include: The $50 administrative fee is deleted and
replaced with an administrative fee of $50 or 10% of
the refund amount, whichever is less.
(6) Indiana
Your proof of payment to
the issuing dealer for this Service Contract shall be
considered proof of payment to the insurance company,
which guarantees Our obligation to You, providing such
insurance was in effect at the time You purchased this
Service Contract.
(7) Maryland
GENERAL PROVISIONS - Section
9 “How This Service Contract May Be Canceled -
Including Refunds And Charges” is amended to include:
If You cancel this Service Contract within sixty (60)
days of the Service Contract Purchase Date and You have
not incurred a claim, a ten percent (10%) penalty per
month shall be added to a refund that is not paid within
forty-five (45) days of return of this Service Contract
to the Selling Dealer or the Administrator.
(8) Massachusetts
The following wording is
added:
NOTICE TO CUSTOMER: THE
COVERAGE YOU ARE BUYING IS NOT REQUIRED IN ORDER TO
REGISTER OR FINANCE A VEHICLE. THE BENEFITS PROVIDED
MAY DUPLICATE EXPRESS MANUFACTURER’S OR SELLER’S
WARRANTIES THAT COME AUTOMATICALLY WITH EVERY SALE.
YOU CAN BE REQUIRED BY THE SELLER OF THIS COVERAGE TO
PURSUE THOSE WARRANTIES WHICH ARE AVAILABLE TO YOU WITHOUT
THIS CONTRACT.
(9) Missouri
KEY TERMS - “We”,
“Us” and “Our” definition is
amended to include: “Provider” WHO TO CALL
FOR BREAKDOWN REPAIR AUTHORIZATION - is amended to include:
Emergency Repair Instructions: In the event that a Breakdown
of a covered part occurs when the Administrator’s
office is closed and emergency repairs are necessary,
You may follow the claim procedures and commence emergency
repairs without securing the Administrator’s prior
authorization. However, You or the authorized service
representative must notify the Administrator of the
repairs as soon as the Administrator’s office
reopens. You must submit written information and documentation
concerning the Breakdown and repairs no later than thirty
(30) days after the Breakdown. Reimbursement of emergency
repairs will be subject to all terms and conditions
of this Service Contract and nothing herein authorizes
repairs not otherwise covered. Emergency repairs are
those required because Your Vehicle was inoperable or
unsafe to drive. Parts must be available for inspection
when the Administrator’s office reopens.
GENERAL PROVISIONS - “How
This Service Contract May Be Canceled - Including Refunds
And Charges, Cancellation By You” is amended to
include:
If You cancel this Service Contract within sixty (60)
days of the Service Contract Purchase Date and You have
not incurred a claim, then We will also pay a ten percent
(10%) penalty per month for the period that this refund
has not been paid by to the Selling Dealer or the Administrator,
should the required refund not be paid within thirty
(30) days of Our receipt of the canceled Service Contract.
Should a penalty be due and owing, then We will pay
it to the Lienholder, if any, otherwise to You.
Cancellation by You will
become effective as of the date the written notice of
Your cancellation is received by Us. We will mail You
written notice of Our receipt and resulting cancellation
of Your Service Contract within fifteen (15) days of
the date of cancellation.
GENERAL PROVISIONS - “Insurance”
is amended to include:
A claim against the Provider may also include a claim
for return of the unearned Provider fee.
(10) Nevada
GENERAL PROVISIONS - “Service
Contract Period” is amended to include:
This Service Contract is
not renewable.
GENERAL PROVISIONS - “How
This Service Contract May Be Canceled - Including Refunds
And Charges” is amended to include:
If You cancel this Service
Contract within sixty (60) days of the Service Contract
Purchase Date and You have not incurred a claim, a ten
percent (10%) penalty per month shall be added to a
refund that is not paid within forty-five (45) days
of return of this Service Contract to the Selling Dealer
or the Administrator.
Our right to cancel for
any reason is changed from ninety (90) days to seventy
(70) days.
We may only cancel this
Service Contract after seventy (70) days for the following
reasons:
• If You do not
pay the Service Contract Price;
• If You are convicted
of a crime that results in an increase in the risk
covered under this Service Contract;
• If there has
been a material misrepresentation or fraud; or
• If We discover
an act or omission by You, or a violation by You of
any terms or conditions of this Service Contract,
after the Service Contract Purchase Date, that substantially
and materially increases the risk covered under this
Service Contract.
In the Section “How
Refunds Are Calculated” where the Service Contract
is canceled by Us, the cancellation period of sixty
(60) days is changed to seventy (70) days.
(11) New Hampshire
GENERAL PROVISIONS - “Insurance”
is amended to include:
If You are not satisfied with the insurance company’s
response, You may contact the New Hampshire Department
of Insurance, 21 Fruit Street, Concord, New Hampshire
03301, 1- 603-271-2261.
(12) New Mexico
GENERAL PROVISIONS - “Service
Contract Period” is amended to include:
This Service Contract is not renewable.
GENERAL PROVISIONS - “How
This Service Contract May Be Canceled - Including Refunds
And Charges” is amended to include:
If You cancel this Service Contract within sixty (60)
days of the Service Contract Purchase Date and You have
not incurred a claim, a ten percent (10%) penalty per
month shall be added to a refund that is not paid within
sixty (60) days of return of this Service Contract to
the Selling Dealer or the Administrator. Our right to
cancel for any reason is changed from ninety (90) days
to seventy (70) days.
We may only cancel this
Service Contract after seventy (70) days for the following
reasons:
• If You do not
pay the Service Contract Price;
• If You are convicted
of a crime that results in an increase in the risk
covered under this Service Contract;
• If there has
been a material misrepresentation or fraud; or
• If We discover
an act or omission by You, or a violation by You of
any terms or conditions of this Service Contract,
after the Service Contract Purchase Date, that substantially
and materially increases the risk covered under this
Service Contract.
In the Section “How
Refunds Are Calculated” where the Service Contract
is canceled by Us, the cancellation period of sixty
(60) days is changed to seventy (70) days.
(13) New York
GENERAL PROVISIONS - “How
This Service Contract May Be Canceled - Including Refunds
And Charges” is amended to include:
If You cancel this Service Contract within sixty (60)
days of the Service Contract Purchase Date and You have
not incurred a claim, a ten percent (10%) penalty per
month shall be added to a refund that is not paid within
thirty (30) days of return of this Service Contract
to the Selling Dealer or the Administrator.
(14) North Carolina
GENERAL PROVISIONS - “How
This Service Contract May Be Canceled - Including Refunds
And Charges” is amended to
include: The $50 administrative fee is deleted and replaced
with an administrative fee of $50 or 10% of the refund
amount, whichever is less.
We may only cancel this
Service Contract at any time for any of the reasons
listed below:
• If there has
been a material misrepresentation or fraud; or
• If You do not
pay the Service Contract Price.
(15) Texas
Unresolved complaints or
questions concerning the regulation of service contracts
may be directed to the Texas Department of Licensing
and Regulation at P.O. Box 12157, Austin, TX 78711,1-800-803-9202.
GENERAL PROVISIONS - “How
This Service Contract May Be Canceled - Including Refunds
And Charges, Cancellation By You” is amended to
include:
If You cancel this Service
Contract within sixty (60) days of the Service Contract
Purchase Date and You have not incurred a claim, this
Service Contract shall be void and a 100% refund of
the Service Contract Price will be made. A ten percent
(10%) penalty per month shall be added to any refund
on a voided Service Contract that is not paid within
forty-five (45) days of return of this Service Contract
to the Selling Dealer or the Administrator. If Your
cancellation refund is not paid within forty-five (45)
days after the Service Contract has been returned to
the Selling Dealer or the Administrator, You may request
a refund from Western Insurance Company 675 W. Moana
Lane Reno, Nevada 89509. 1-877-829-6650.
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