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"
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 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 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 ACSC. 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, or
Nevada, 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 o f 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 $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 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 ACSC at their above
address or toll-free at 1-800-824-7059.
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.
Purchase of this contract is not required to
purchase or obtain financing for the
vehicle.
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 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. 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.