MBPI Summit Gold Contract
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| MBPI SUMMIT
GOLD CONTRACT |
Summit
Gold
Vehicle Service
Contract
THE PROTECTION PROVIDED
IN THIS CONTRACT IS IN CONJUNCTION WITH THE MANUFACTURER’S
WARRANTY.
CONTACT THE ADMINISTRATOR
BEFORE PERFORMING ANY REPAIRS
CONTRACT: This Vehicle
Service Contract ("CONTRACT") is between the
Provider ("PROVIDER") and the Purchaser ("PURCHASER")
of the Vehicle ("VEHICLE") as specified above.
The CONTRACT provides specific protection for the listed
parts for the time or mileage as specified above, whichever
occurs first. Subject to the terms and conditions of
this CONTRACT, itemized herein, provisions for payment
will be made to repair or replace, at reasonable cost
for parts and labor, any of the parts listed in this
CONTRACT as authorized by the ADMINISTRATOR, if required
due to a MECHANICAL BREAKDOWN. The decision concerning
procedure to repair or replace the listed parts shall
be made at the discretion of the ADMINISTRATOR. Replacement
of parts may be with like kind and quality (i.e. new,
remanufactured or pre-owned parts). COST is defined
as repair costs that are recognized locally and/or nationally
for a similar repair. (We may use published parts and
labor guides to establish our costs.) As a condition
pursuant to the obligations to provide for the payment
of authorized repairs, the PURCHASER shall have complied
with all terms and conditions of this CONTRACT.
ADMINISTRATOR: Means Mechanical Breakdown
Protection, Inc. (MBPI) 250 NE Mulberry Lee’s
Summit, Missouri 64086, 877-238-3417.
PROVIDER: Vehicle Protection, Inc.,
250 NE Mulberry, Lee’s Summit, Missouri 64086.
This Contract is between You and the Provider. The Provider’s
performance under this Contract is insured by a policy
issued by First Colonial Insurance Company, 1776 American
Heritage Life Drive, Jacksonville, Florida 32224, 800-621-4871.
If a covered claim is not paid within sixty (60) days
after a proof of loss has been filed, you may file a
claim with First Colonial Insurance Company at the address
listed above.
MECHANICAL BREAKDOWN: The term Mechanical
Breakdown ("MECHANICAL BREAKDOWN") as used
in this CONTRACT, is defined as a breakage or total
failure of a listed part, whereas the breakage/failure
is the primary cause making that specific part incapable
of performing the function for which it was designed
and utilized. BREAKDOWN DOES NOT PROVIDE FOR DAMAGE
RESULTING FROM THE FAILURE OF NON-LISTED PARTS.
DEDUCTIBLE: In the event of a BREAKDOWN
of a listed part, repaired or replaced under the terms
and conditions of this CONTRACT, the PURCHASER will
be subject to pay the applicable deductible as specified
above per visit.
MANUFACTURER’S WARRANTY: In the
event of a BREAKDOWN of a listed part, whose repair
or replacement is provided for under a Manufacturer’s
Warranty or Special Policy Program, payment will be
provided for the required manufacturer’s deductible,
less the deductible specified above.
THIS CONTRACT IS INCLUSIVE OF THE MANUFACTURER’S
WARRANTY; IT DOES NOT REPLACE THE MANUFACTURER’S
WARRANTY, BUT PROVIDES CERTAIN ADDITIONAL BENEFITS DURING
THE TERM OF THE MANUFACTURER’S WARRANTY. LOSSES
COVERED BY THE MANUFACTURER DURING THE MANUFACTURER’S
WARRANTY PERIOD ARE NOT COVERED UNDER THIS CONTRACT.
SUBSTITUTE TRANSPORTATION: Should the
PURCHASER’S vehicle become inoperable due to the
breakdown of a listed part, upon authorization, payment
will be provided to reimburse the PURCHASER for actual
expenses incurred when renting a vehicle from a licensed
car rental agency. Benefits will be allowed only for
reasonable time necessary to complete the repair with
a maximum benefit of five (5) calendar days. Maximum
daily rental allowance is twenty-five dollars ($25.00)
per day, not to exceed one hundred twenty-five dollars
($125.00) per visit. If due to parts availability, and
the repair cannot be completed in five (5) calendar
days, an additional three (3) days may be allowed at
twenty-five dollars ($25.00) per day with a maximum
additional benefit of seventy-five dollars ($75.00),
PROVIDED ADDITIONAL AUTHORIZATION IS OBTAINED FROM THE
ADMINISTRATOR.
MAINTENANCE AND PARTS EXCLUDED
LISTED PARTS
ENGINE: Limited to All Internally Lubricated
Parts (excluding valve seals). EXTERNAL: Intake Manifold,
Exhaust Manifold, Harmonic Balancer, Metal Valve Covers,
Metal Timing Gear Cover, Timing Belt, Water Pump, Distributor
Housing and Shaft, Vacuum Assist Booster, Gas Fuel Injectors,
Engine Radiator, Fuel Tank, Fan Clutch, Fan Blade, Fuel
Pump and Engine Mounts, the Engine Block, Engine Head(s),
Cylinder Barrels and Rotor Housing, if damage is caused
resulting from the failure of an internally lubricated
part or a manufacturer’s defect. Fuel injectors
covered for electrical failure only.
DIESEL ENGINE: Limited to All Internal
and External Parts as listed above in the Engine Section
and Fuel Injectors and Diesel Engine Booster Pump. Fuel
injectors covered for electrical failure only.
ROTARY ENGINE: Rotor, Eccentric Shaft,
Eccentric Shaft Bearings, All Internal and External
Parts as listed above in the Engine Section.
TURBO/SUPERCHARGER: Internal Parts,
Vanes, Shaft and Shaft Bearings, the Housing if damage
is caused resulting from the failure of an internally
lubricated part or a manufacturer’s defect.
TRANSMISSION: All Internally Lubricated
Parts contained within the Transmission Case. EXTERNAL:
Flywheel, Flex Plate, Torque Converter, Vacuum Modulator
and Transmission Mounts, the Transmission Case, if damage
is caused resulting from the failure of an internally
lubricated part or a manufacturer’s defect.
TRANSFER UNIT - 4X4: All Internally
Lubricated Parts contained within the Transfer Case,
the Transfer Case, if damage is caused resulting from
the failure of an internally lubricated part or a manufacturer’s
defect.
DRIVE AXLE ASSEMBLY (Front and Rear):
All Internally Lubricated Parts contained within the
Differential Housing or Final Drive Case. EXTERNAL:
Axle Shafts, Axle Bearings, Constant Velocity Joints,
Front Hubs and Front Hub Bearings, Drive Shaft, Carrier
Bearing, Universal Joints and Yokes, the Differential
Housing and Final Drive Case, if damage is caused resulting
from the failure of an internally lubricated part or
a manufacturer’s defect.
This CONTRACT does not provide coverage for:
AIR CONDITIONING UNIT: Limited to VEHICLE
Manufacturer’s Unit, Compressor, Clutch and Pulley
Assembly, Condenser, Evaporator, Accumulator, Receiver
Dryer, Expansion Valve, Orifice Tube, Electronic Climate
Control Programmer, High/Low Pressure Control Switch,
Heater Core and Condenser Fan Motor.
ELECTRONIC PARTS: Limited to Instrument
Cluster (containing: Speedometer, Tachometer and Oil
Pressure, Fuel, Volt and Temp Gauges), Electronic Driver
Information Display Module, Electronic Ignition Module,
Coil, Main Engine Computer/Processor, Retard Vacuum
Switch, Anti-Detonation Sensor, Cruise Control Servo,
Transducer/Module, Compass and Thermometer.
WHAT TO DO IN THE EVENT OF A BREAKDOWN
PURCHASER
1. Return the VEHICLE to the selling dealer.
2. If the VEHICLE cannot be returned to the selling
dealer, take the vehicle to the nearest franchise dealership.
In the event that we are unable to obtain favorable
conditions for the repair of covered failures at a particular
repair facility we reserve the right to prohibit the
use of that facility for providing covered repairs.
In any such case, at your request, we will assist you
to identify alternative repair facilities that will
provide you with favorable conditions for the repair
of any covered failure.
3. Provide the dealer/repair facility with your CONTRACT
and ensure that prior authorization is obtained from
the ADMINISTRATOR. We reserve the right to require an
inspection of Your Vehicle prior to repairs.
4. Within 90 days, mail necessary documentation to ADMINISTRATOR
for authorized reimbursement.
REPAIR FACILITY
1. The repair facility must contact the ADMINISTRATOR
before working on the VEHICLE to verify coverage and
obtain prior authorization.
2. Obtain the PURCHASER’S authorization for inspection
and disassembly to determine the cause of the BREAKDOWN.
3. Obtain a claim authorization number from the ADMINISTRATOR
prior to any repairs. Failure to follow the above procedures
shall NULLIFY THE CLAIM, and cost incurred may not be
recoverable.
IF THE PURCHASER RELOCATES, HAS A CLAIM WHILE TRAVELING,
OR REQUIRES ASSISTANCE OR ADDITIONAL INFORMATION, CALL
THE ADMINISTRATOR.
PURCHASER’S RESPONSIBILITIES AND MAINTENANCE
REQUIREMENTS
The PURCHASER acknowledges he/she has read, understands
and accepts the terms and conditions of this CONTRACT,
and has not relied upon the statements or promises of
any person unless expressly stated in this CONTRACT.
It is the PURCHASER’S responsibility to retain
and have available upon request, all service records
and/or receipts for proof of purchase for services and
required materials. To receive the full benefits of
this CONTRACT, the PURCHASER must have the VEHICLE serviced
as follows:
The PURCHASER must follow the manufacturer’s recommendations
as specified in the owner’s manual for maintenance.
*NOTE* manufacturer’s maintenance interval recommendations
are for "normal" operating conditions. Special
operating conditions (i.e. short duration trips, idling
and/or low speed operation in stop or go traffic, towing
of a trailer, operation in dusty areas) require increased
frequency of maintenance services. Complete details
are in owner’s manual. It is the PURCHASER’S
RESPONSIBILITY TO CHECK FLUID LEVELS ON A WEEKLY BASIS.
1. ANY LOSS/ EXPENSE FROM THE REPAIR AND/OR REPLACEMENT
OF A LISTED PART NOT AUTHORIZED BY THE ADMINISTRATOR.
2. A BREAKDOWN occurring to a VEHICLE operated outside
the United States of America or Canada.
3. The cost for maintenance services and the parts required
(i.e. engine oil, lubricants, filters, fluids, spark
plugs, belts, hoses, thermostats or the like) or any
part not required in connection with the authorized
repair or replacement of a listed part.
4. The cost of diagnostic inspection, disassembly and/or
reassembled, if the inspection determines that the failure
was not a BREAKDOWN under the terms and conditions of
this CONTRACT.
5. The cost of repair to correct poor performance, low
compression and/or oil consumption (i.e. pistons, piston
rings, cylinder tapers, valves, valve guides, valve
seals and valve seats). Damages caused to the above
listed parts by pre-detonation or detonation is not
considered a BREAKDOWN under the terms and conditions
of this CONTRACT.
6. A BREAKDOWN of a listed part resulting from the PURCHASER’S
refusal to previously perform reasonable repairs recommended
by the repair facility or ADMINISTRATOR.
7. Excessive cost to repair or replace a listed part.
Reasonable cost being: Manufacturer’s suggested
retail price on parts and labor hours determined by
a flat rate labor manual (i.e. Chilton) multiplied by
the customary regional labor charge for the repair/replacement
of a listed part.
8. Loss caused by a failure to properly operate or care
for the VEHICLE (before or after a BREAKDOWN occurs)
including: negligence, damage, misuse, abuse, using
the VEHICLE for competitive driving, racing or off road
trails or pulling a trailer exceeding the manufacturer’s
rated capacity of the VEHICLE.
9. For any BREAKDOWN caused by overheating (regardless
of the cause), freezing, inadequate coolant, lubricants
or fluids, or any BREAKDOWN to a listed part resulting
from contamination of fluids, rust, corrosion, foreign
material, sludge or carbon deposits.
10. If there are modifications to the VEHICLE not recommended
by the manufacturer done before or after the effective
date of this contract and that modification results
in a failure of a covered part, that covered part is
not eligible under this contract.
11. Repairs needed because of modifications
not authorized BY THE MANUFACTURER INCLUDING improper
tire/wheel size.
12. Loss or expense to the VEHICLE, when the odometer
is inoperative or stopped, improper recorded calculation,
tampered with or altered.
13. Repair or replacement of a listed part to correct
conditions that existed prior to the inception date
of this CONTRACT.
14. Repair/replacement of any part(s)
while covered by any Manufacturer’s Warranty,
a repairer’s guarantee or by an insurance policy,
which shall be responsible for such repairs whether
collectible or not.
15. Repair or replacement of any part not supplied by
the factory and/or does not meet or exceed factory specifications.
16. Collision or upset, breakage of glass,
missile, falling objects, fire, theft, larceny, explosion,
earthquake, windstorm, hail, water, flood, malicious
mischief, vandalism, riot or civil commotion, lightning,
nuclear contamination, smoke, bodily injury or property
damage arising or allegedly arising from a defect of
a listed part.
17. Ineligible vehicles: Any vehicle used for rental,
shuttle, taxi, limousine service, delivery or hauling
services, newspaper or mail delivery, police or law
enforcement services, fire, ambulance or emergency services
or other public service vehicles, security services,
oil field vehicles, cable or line installation/removal
vehicles. Any vehicle equipped with dump bed, towing
equipment, snow plow, cherry pickers, lifting or hoisting
equipment (excluding handicap lifts), step van, high-cube
van or box bodies or motor homes. Any grey market vehicles,
salvaged or branded title vehicle or vehicles where
the manufacturer’s warranty has been voided or
rescinded. All Limited Production and/or Exotic vehicles
that are considered high performance, including, but
not limited to all models of Alfa Romeo, Daewoo, Jaguar,
Peugot, Porsche, Renault, Sterling, Yugo, Hummers, Land
Rovers, Range Rovers and Vipers. The Mercedes Maybach
and the Mercedes 500 and 600 series, the BMW 600, 700,
800, Z3, Z4, Z8 and M series, the Ford GT, the Mitsubishi
3000GT, the Mitsubishi VR4. Rental vehicles, motor homes,
RV’s. Any vehicle manufactured as a cab or chassis
or over one ton or over 13,000 lbs. GVWR. Vehicles sold
by other dealers, lessors or private parties. Any vehicle
considered a Classic (older than 20 years) or any diesel
vehicle older than 1990. Any vehicle which has been
mechanically modified from the original manufacturer’s
specification. All commercial use vehicles.
18. Consequential damage: Defined as damage created
to non-listed parts by a listed part BREAKDOWN.
LIMIT OF LIABILITY: The total of all
benefits paid or payable under this CONTRACT shall not
exceed the price the PURCHASER paid for the VEHICLE
(excluding taxes, license and fees). In no event will
the liability, for each MECHANICAL BREAKDOWN under this
CONTRACT, exceed the actual cash value of the VEHICLE
(based on the current NADA trade-in value) at the time
immediately preceding the MECHANICAL BREAKDOWN. The
PROVIDER’S liability for incidental and consequential
damages including, but not limited to, loss of use of
specified VEHICLE or resulting inconvenience, loss of
time, storage charges, lodging, other travel cost, income,
maintenance, or from the breach of any implied warranties
arising by law, is expressly excluded. The PROVIDER
may direct termination of this CONTRACT, if the operation
of the VEHICLE fails to comply with the terms and conditions
of this CONTRACT.
TRANSFER PROCEDURE: This CONTRACT provides transfer
benefits for the original PURCHASER and the specified
VEHICLE only. The CONTRACT is transferable one time,
subject to a fifty dollar ($50.00) transfer fee, provided:
A) the VEHICLE has less than 80,000 miles at time of
sale/transfer; B) transfer is being made from original
PURCHASER to a subsequent private owner (it may not
be transferred to a dealer or the customer of a dealer);
C) proof of transfer of the remaining Manufacturer’s
Warranty is provided; D) acceptable documentation that
the VEHICLE was maintained in accordance with the "Maintenance
Requirements" of this CONTRACT.
Contact the ADMINISTRATOR at 1-877-238-3417 for instructions
to receive this benefit. Submission must be completed
within thirty (30) days of sale of VEHICLE.
CANCELLATION PROCEDURES: This CONTRACT
provides cancellation benefits for the original PURCHASER/LENDER/PROVIDER
only. The PURCHASER/LENDER/PROVIDER may cancel this
CONTRACT at any time, including when a loss of the CONTRACT
occurs or when you sell the VEHICLE without transfer
of this CONTRACT. Written notice to the Purchaser will
be mailed within fifteen (15) days of cancellation.
To cancel, you must submit a written request and return
this CONTRACT to the Selling Dealer or directly to US.
In the event a request from the PURCHASER/LENDER/PROVIDER
is made within sixty (60) days of purchase and no claims
have been filed, a flat cancellation will be allowed.
If the PURCHASER/LENDER/PROVIDER requests a cancellation
after sixty (60) days or has filed a claim, the ADMINISTRATOR
agrees to calculate and make available a pro-rata refund
percentage figure based on time or mileage, whichever
refund is less, less any claims paid. The PROVIDER and
SELLER agree to return their respective portions of
the pro-rata refund to the PURCHASER/LENDER/PROVIDER.
In the event of a lien the LENDER will be named as co-payee
on the refund check. The LENDER will be the sole payee
when the collateral has been repossessed or is a total
loss. A ten percent (10%) penalty per month shall be
added to a refund that is not paid or credited within
thirty (30) days. All cancellations are subject to a
fifty dollar ($50.00) cancellation fee, except flat
cancels. For GMAC financed contracts that are cancelled
within thirty (30) days of purchase, the cancellation
fee is waived. TO CANCEL THIS CONTRACT: A) return to
the Selling Dealer; B) surrender the original copy of
this CONTRACT; C) provide an affidavit stating the odometer
reading at time of request. If this is not possible,
contact the ADMINISTRATOR at 877-238-3417 for assistance.
ARBITRATION: If You and We fail to
agree on any matter concerning this Contract, we each
hereby agree to submit to have the matter settled through
arbitration. Utilizing the STREAMLINED ARBITRATION RULES
OF THE NATIONAL ARBITRATION ASSOCIATION, You and We
will each select an arbitrator and the two arbitrators
selected in this fashion will select a third arbitrator.
The decisions of any two of the three arbitrators is
final and will be binding upon You and Us.
OUR RIGHTS TO RECOVER FUNDS PAID ON YOUR BEHALF:
If You have a right to recover any funds that We have
paid under this Contract, You hereby assign those rights
to us. Your rights become our rights and you agree to
do whatever is necessary to enable Us to enforce those
rights. We shall be entitled to retain only funds that
reimburse our actual costs and only after You are fully
compensated for Your loss.
EMERGENCY ROADSIDE ASSISTANCE:
The following Emergency Roadside Services will be provided
for you on the covered vehicle up to a maximum of $75.00
per occurrence. The Obligor and administrator for the
Emergency Roadside Services is Auto Road, Inc., P.O.
Box 55698, Sherman Oaks, CA 91413.
24-hour emergency road service is provided when Your
Vehicle is disabled as long as this Contract
is in effect and is available only by calling 1-888-567-8655
(limit one tow per disablement). Please provide the
dispatcher with Your Account Number of 130030.
Emergency road service consists of:
Mechanical First Aid: Any service requiring
a minor adjustment (exclusive of parts) to enable your
vehicle to proceed under its own power.
Tire Service: Changing an inflated
spare from tire to wheel.
Battery Service: Attempting to start
Your Vehicle with a booster battery.
Delivery Service: Delivery of an emergency
supply of gasoline, oil or water and other accessories
and supplies as may be required and available. Cost
of materials being delivered will be paid by You.
Towing Service: When a vehicle is disabled,
it can be towed up to 35 miles to a destination of YOUR
choice by an authorized towing service, up to the program
limits of $75 per occurrence.
Locksmith Service: If keys are locked
inside Your Vehicle, a locksmith will be dispatched
for service.
TRIP INTERRUPTION
In the event of a mechanical Breakdown
occurring more than 100 miles from your home and caused
by a part covered by this Agreement, even a part covered
by this Agreement that is also covered by the manufacturer’s
warranty, you may receive up to $50 per day up to 3
days for meals and lodging. Contact 1-800-993-8473.
ELIGIBILITY:
There is a thirty (30) day elimination period from the
contract purchase date before coverage begins.
In the event a Breakdown occurs and
Your Vehicle becomes inoperative during
evening/night hours, holiday or weekend, You
have the authority to have the vehicle repaired under
"Emergency Status" not to exceed four hundred
dollars ($400.00). You must obtain from the repair facility,
proper documentation relating to the vehicle and performed
repairs. You must then contact the
Administrator the next business day
by calling the Administrator phone
number listed on the face of the contract to determine
coverage under the terms and conditions of this Contract.
Only reasonable and customary costs will be paid.
If any representation has been made to You
that You would receive a refund of
the Contract purchase price if You made no claims during
the Contract term, such representation
was made without the consent of the Administrator
(Mechanical Breakdown Protection, Inc. "MBPI")
and is not binding on the Administrator.
MBPI does not offer a cost refund of
the Contract price after the Contract
term has expired if no claims are made.
SPECIAL STATE REQUIREMENTS AND DISCLOSURES
The following State Specific Requirements apply if YOUR
CONTRACT was purchased in one of the following states
and supersede any other provision herein of the contrary:
ALABAMA
The CANCELLATION PROCEDURES section is amended to include
the following: If this CONTRACT is originally delivered
to you by mail, you may cancel this Contract within
twenty (20) days after the date the contract was mailed
to you and receive a full refund of the Contract price
provided no claim has been made under the Contract.
All cancellations are subject to a twenty-five dollar
($25) cancellation fee.
ARIZONA
The CANCELLATION PROCEDURES section is amended to include
the following: We may not cancel or void this Service
Contract due to (1) Our acts or omissions in failing
to provide correct information or to perform services
or repairs in a timely, competent and workmanlike manner,
(2) pre-existing conditions, (3) prior use or unlawful
acts relating to the covered vehicle, (4) Our misrepresentation,
(5) ineligibility of the vehicle for coverage under
the program, (6) the odometer is inoperative, stopped,
tampered with or altered and (7) modifications or alterations
to the VEHICLE not recommended by the manufacturers.
For purposes of the foregoing sentence, the words We
and Our refer to the Administrator Obligor and all representatives,
assignees and subcontractors of the Administrator Obligor.
CALIFORNIA
Under Terms and Conditions, First Colonial Insurance
Company is replaced by Northbrook Indemnity Company
as the insurer. The IMPORTANT NOTICE section is amended
with the following: If you are not satisfied with the
insurance company’s response, you may contact
the California Department of Insurance at 1-800-927-4357.
Under EXCLUSIONS FROM COVERAGE, 18. is added: This CONTRACT
does not provide for preventative maintenance.
The CANCELLATION PROCEDURES section, is amended with
the following: All percentages are calculated from the
original in-service date and zero miles. If this CONTRACT
is canceled after the first sixty (60) days, we will
deduct from the refund a cancellation fee equal to ten
percent (10%) of the CONTRACT purchase price or twenty-five
dollars ($25), whichever is less. The cancellation will
be mailed postmarked before the 61st day after the date
the service CONTRACT was sold. The service CONTRACT
will be terminated no less than 5 days after the postmarked
date of the notice.
CONNECTICUT
Under Terms and Conditions, First Colonial Insurance
Company is replaced by Northbrook Indemnity Company
as the insurer. The following is added to the WHAT TO
DO IN THE EVENT OF A BREAKDOWN section: If the Vehicle
is in a repair facility at the time of contract expiration,
the expiration date will automatically be extended until
the repair is complete. If You have complaints or questions
regarding the CONTRACT, You may contact the State of
Connecticut, Insurance Department, P.O. Box 816, Hartford,
CT 06142-0816, ATTN Consumer Affairs. The written complaint
must contain a description of the dispute, the purchase
price of the product, the cost of the repair of the
product and a copy of the CONTRACT. Under CANCELLATION
PROCEDURES, the following is added: You may cancel this
CONTRACT if the Vehicle is sold, lost, stolen or destroyed.
GEORGIA
The CANCELLATION PROCEDURES section is amended to include
the following: We may cancel this CONTRACT based on
one or more of the following reasons: (A) for fraud
or a material misrepresentation made by You; or (B)
for non-payment of the CONTRACT Purchase Price. If We
cancel this CONTRACT, We will mail written notice of
cancellation to You at least ten (10) days prior to
the effective date of cancellation if this CONTRACT
is canceled due to non-payment of the CONTRACT Purchase
Price, or thirty (30) days prior to the effective date
of cancellation if this CONTRACT is canceled for any
other reason. Cancellation shall be in accordance with
O.C.G.A. §33-24-44. Paid claims and cancellation
fees are not considered when calculating return premium.
Under EXCLUSIONS FROM COVERAGE, paragraph 12 the following
is added to the end of the sentence: while owned by
You. Under the EXCLUSIONS FROM COVERAGE, paragraph 13
the following is added to the end of the sentence: and
were known to You.
Under the EXCLUSIONS FROM COVERAGE, paragraph 9, "SLUDGE"
is deleted.
Exclusion 10 should be amended to read "If there
are modifications to the vehicle made by you or with
your knowledge....." Exclusion 11 should be amended
to read "Repairs needed because of modifications
made by you or with your knowledge....." The Arbitration
paragraph is deleted in its entirety. For Summit Platinum,
Gold and Silver contracts only, the coverage term will
commence at the end of the elimination period.
HAWAII
Hawaii Revised Statutes requires an automobile dealer
to provide a warranty covering certain classes of used
motor vehicle as follows: Used vehicles with
less than 25,000 miles at the time of sale
Provides Coverage for 90 days or 5,000 miles, whichever
occurs first. Used vehicles with 25,000 miles
or more but less than 50,000 miles at the time of sale
Provides Coverage for 60 days or 3,000 miles, whichever
occurs first.
Used vehicles with 50,000 miles or more but
not more than 75,000 miles at the time of sale
Provides Coverage for 30 days or 1,000 miles, whichever
occurs first.
The Vehicle you have purchased may be covered by this
law. If so, the following is added to this Contract:
In addition to the dealer warranty required by this
law, You have elected to purchase this contract, which
may provide You with additional protection during the
dealer warranty period and provides protection after
the dealer warranty has expired. You have been charged
separately only for this contract. The required dealer
warranty is provided free of charge. Furthermore, the
definitions, Coverages and exclusions stated in this
Contract apply only to this Contract and are not the
terms of the required dealer warranty. Notice of cancellation
will be delivered to You by registered mail five (5)
days prior to cancellation. 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. If cancellation is due
to nonpayment of the agreement price, material misrepresentation,
or a substantial breech of duties under the service
Contract, such notice will not be required.
IDAHO
Coverage afforded under this motor vehicle service contract
is not guaranteed by the Idaho Insurance Guarantee Association.
ILLINOIS
The following sentence is added to EXCLUSIONS FROM COVERAGE:
This service contract does not apply to any mechanical
breakdown or failure caused by normal and abnormal wear
and tear. The CANCELLATION PROCEDURES section is amended
to include the following: All cancellations are subject
to a fifty dollar ($50) cancellation fee or ten percent
(10%) of the CONTRACT Purchase Price, whichever is less.
INDIANA
The following language is added to page 2: Your proof
of payment to the issuing dealer for this 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
Contract.
IOWA
Notice: The Iowa Commissioner of Insurance
may be contacted at the following address: Iowa Insurance
Division, 330 Maple Street, Des Moines, Iowa 50319-0065.
KENTUCKY
The following sentence is added to EXCLUSIONS FROM COVERAGE:
This service contract does not apply to any mechanical
breakdown or failure caused by normal and abnormal wear
and tear. Emergency Roadside Assistance is covered by
this CONTRACT only if it pertains to a covered repair.
MASSACHUSETTS
NOTICE TO CUSTOMER: PURCHASE OF THIS CONTRACT IS NOT
REQUIRED IN ORDER TO REGISTER OR FINANCE YOUR VEHICLE.
THE BENEFITS PROVIDED MAY DUPLICATE EXPRESS MANUFACTURER’S
OR SELLER’S WARRANTIES THAT COME AUTOMATICALLY
WITH EVERY SALE. THE SELLER OF THIS COVERAGE IS REQUIRED
TO INFORM YOU OF ANY WARRANTIES, AVAILABLE TO YOU WITHOUT
THIS CONTRACT. Chapter 90, Section 7N.25 of Massachusetts
General Laws requires an automobile dealer to provide
a warranty covering certain classes of used motor Vehicles
as follows: Used Vehicles with less than 40,000 miles
at the time of sale: Provides coverage for ninety (90)
days or 3,750 miles, whichever occurs first. Used
Vehicles with 40,000 miles or more, but less than 80,000
miles at the time of sale: Provides coverage
for sixty (60) days or 2,500 miles, whichever occurs
first. Used Vehicles with 80,000 miles or more,
but less than 125,000 miles at time of sale:
Provides coverage for thirty (30) days or 1,250 miles,
whichever occurs first. The VEHICLE YOU have purchased
may be covered by this law. If so, the following is
added to this CONTRACT: In addition to the dealer warranty
required by this law, YOU have elected to purchase this
CONTRACT, which may provide YOU with additional protection
during the dealer warranty period and provides protection
after the dealer warranty has expired. YOU have been
charged separately only for this CONTRACT. The required
dealer warranty is provided free of charge. Furthermore,
the Definition, Coverage, and Exclusions stated in this
CONTRACT apply only to this CONTRACT and not the terms
of the required dealer warranty. ASTATE907
MINNESOTA
Section 325F.662 of the Minnesota Statutes requires
the selling dealer to provide you with an express warranty
of a specified duration in connection with the sale
of any used car. The terms of the express warranty are
contained in the used car buyer’s guide or limited
warranty document furnished to you by the dealer. Any
loss covered under the dealer’s express warranty
furnished pursuant to Section 325F.662 is excluded from
coverage under this Contract during the term of the
express warranty unless the dealer becomes unable to
meet its obligations, provided such loss is otherwise
covered by this Contract. If you purchased a used vehicle,
upon request and payment of $10.00, the administrator
will provide a copy of the owner’s manual to you.
There is no exclusion for pre-existing conditions, normal
wear and tear or repairs caused to a covered part by
a non-covered part or by "consequential" damage
from a non-covered part. Exclusion of coverage for odometer
tampering in any form applies only if it occurs and
you fail to repair while the vehicle is owned by you.
There is no exclusion for repairs or replacements of
motor vehicle components which were not operating properly
in accordance with Manufacturer’s specifications
at the time of sale of this Service Contract or if the
vehicle is found to be rebuilt or refurbished from a
total loss or to have a branded title.
NEBRASKA
The Arbitration section is replaced by the following:
In the event of a disagreement between you and us the
matter can go to arbitration upon mutual agreement of
both parties. Once a loss occurs, upon mutual agreement
of both parties the matter can be submitted to arbitration.
NEVADA
The CANCELLATION PROCEDURES section is amended to include
the following: After this CONTRACT has been in effect
for seventy (70) days, We may not cancel this CONTRACT
except for one of the following reasons: (A) if You
fail to pay an amount when due; (B) if You are convicted
of a crime which results in an increase in the service
required under this CONTRACT; (C) discovery of fraud
or material misrepresentation by You in obtaining this
CONTRACT or in presenting a Claim for service; (D) discovery
of an act or omission by You or if You violate any condition
of this CONTRACT after the effective date of this CONTRACT
which substantially and materially increases the service
required under this CONTRACT; or (E) a material change
in the nature or extent of the required service or repair
which occurs after the effective date of this CONTRACT
which causes the required service or repair to be substantially
and materially increased beyond that contemplated at
the time the CONTRACT was issued or sold. If We cancel
this CONTRACT based on one or more of the above reasons,
We will mail written notice of cancellation to You at
least fifteen (15) days prior to the effective date
of cancellation. We will refund the unearned CONTRACT
purchase price to You calculated on a pro rata basis.
The refund will be equal to the lesser amount produced
using either the number of days the CONTRACT was in
force or the number of miles the vehicle was driven
prior to cancellation. This agreement is non-renewable.
NEW HAMPSHIRE
If you have any questions regarding this Contract, you
may contact the Administrator by mail or by phone. Refer
to the application for the Administrator’s address
and toll-free number. New Hampshire residents only may
also contact the New Hampshire Insurance Commissioner
at the following address: New Hampshire Insurance Department,
21 Fruit Street, Suite 14, Concord, New Hampshire 03301.
NEW MEXICO
The cancellation section of this Contract is amended
to include the following: If this Contract is originally
delivered to you by mail, you may cancel this Contract
within 20 days after the date the Contract was mailed
to you and receive a full refund of the Contract price
provided no claim has been made under the Contract.
NORTH CAROLINA
The purchase of the contract is not required either
to purchase or to obtain financing for the motor vehicle
indicated in the schedule.
The cancellation section of this Contract
is amended to include the following:
If the PURCHASER/LENDER/PROVIDER requests
a cancellation after 60 days and has filed a claim,
the ADMINISTRATOR agrees to calculate and make available
a pro-rata refund percentage figure based on time or
mileage, less an administration fee of ($50) or 10%
of the pro-rata refund amount, whichever is less.
OKLAHOMA
In the "PROVIDER" section, Vehicle Protection,
Inc. is replaced by MO Vehicle Protection, Inc. This
Contract is not issued by the manufacturer or wholesale
company marketing the product. This Contract will not
be honored by such manufacturer or wholesale company.
All refunds payable to you under this Contract in the
event you cancel this Contract shall be payable to you
and any lien holder as your respective interests may
appear. The section entitled "CANCELLATION PROCEDURES"
is replaced in its entirety with the following: If your
vehicle has been repossessed, declared a total loss
or you give notice of cancellation, this Contract will
terminate. You may cancel this Contract at any time
by notifying the Selling Dealer or Administrator in
writing of intent to cancel. You must also send the
Selling Dealer or Administrator this Contract and a
notarized statement indicating the actual mileage (odometer
reading) of your vehicle at the date of the request.
If this Contract is canceled within the first thirty
days, you will receive a full refund. If this Contract
is canceled after the first thirty (30) days, your refund
will be determined by multiplying the amount you paid
for this Contract by the lesser of the ratio determined
by (a) the number of in-force days remaining for the
Contract compared to the original term of the contract,
or (b) the miles of remaining coverage under the Contract
compared to the original terms of the Contract. If there
is no lien holder, the refund will be paid to you. If
there is a lien holder the refund will be paid to the
lien holder. If the Contract holder elects cancellation,
refund will be based upon ninety percent (90%) of the
unearned pro rata premium. Note: Transferred Contracts
are not eligible for cancellation refunds. This service
contract is non-cancelable by the Administrator.
RHODE ISLAND
Section 31-5.4 of Rhode Island General Business Law
requires an automobile dealer to provide a warranty
covering certain classes of used motor vehicles as follows:
Used vehicles with 36,000 miles or less at the
time of sale Provides coverage for 60 days
or 3,000 miles, whichever occurs first. Used
vehicle with more than 36,000 miles but less than 100,000
miles at the time of sale Provides coverage
for 30 days or 1,000 miles, whichever occurs first.
The vehicle You have purchased may be covered by this
law. If so, the following is added to this Contract:
In addition to the dealer warranty required by this
law, You have elected to purchase this Contract, which
may provide You with additional protection during the
dealer warranty period and provides protection after
the dealer warranty has expired. You have been charged
separately only for this Contract. The required dealer
warranty is provided free of charge. Furthermore, the
definitions, Coverages and exclusions stated in this
Contract apply only to this Contract and are not the
terms of the required dealer warranty.
SOUTH CAROLINA
The cancellation section of this Contract is amended
to include the following: If this Contract is originally
delivered to you by mail, you may cancel this Contract
within 20 days after the date the Contract was mailed
to you and receive a full refund of the Contract price
provided no claim has been made under the Contract.
If the provider does not timely resolve
such matters within sixty (60) days of proof of loss,
they may contact the South Carolina Department of Insurance,
Post Office Box 100105, Columbia, SC 29202-3105, or
(800) 768-3467.
TEXAS
All unresolved complaints concerning us or questions
concerning the regulation of service agreement providers
may be addressed to the Texas Department of Licensing
and Regulation, P.O. Box 12157, Austin, TX 78711, Tel.
(800) 803-9202. The cancellation section of this Contract
is amended to include the following: If this Contract
is originally delivered to you by mail, you may cancel
this Contract within 20 days after the date the Contract
was mailed to you and receive a full refund of the Contract
price provided no claim has been made under the Contract.
UTAH
Coverage afforded under this Contract is not guaranteed
by the Utah Property and Casualty Guaranty Association.
The Contract purchase price is payable, in full, at
the time of purchase. For emergency repair status: as
soon as reasonably possible, you should report the repairs
to the Administrator. The CANCELLATION PROCEDURES section
is amended to include the following: Non payment cancels
need 10 days notice after delivery; Cancellations for
acceptable grounds need 30 days notice after delivery
("Acceptable grounds" means (i) material misrepresentation,
(ii) substantial change in the risk assumed, unless
the insurer should reasonably have foreseen the change
or contemplated the risk when entering into the contract,
or (iii) substantial breaches of contractual duties,
conditions or warranties); Cancellations in the 1st
60 days need a 10 day notice after delivery.
WASHINGTON
The cancellation section of this Contract is amended
to include the following:
You may cancel this Contract if You have
not made a claim under the Contract.
Returned Contracts are void from inception
date and We must issue a refund to You as specified
below: If You return the service contract in 9 days
or less, we must refund the full purchase price on the
Contract. If You return the service contract in 10-30
days, we must refund the full purchase price, less a
cancellation charge of up to $25. If You return the
Contract after 30 days, we must refund the purchase
price on a pro rata basis and issue a pro rata refund
based upon either elapsed time or mileage computed from
the date the Contract was purchased, less a cancellation
charge of up to $25.
WISCONSIN
THIS CONTRACT IS SUBJECT TO LIMITED REGULATION
BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.
Any reference to obtaining "PRIOR AUTHORIZATION"
is amended as follows: Prior to any repair being made,
instruct the repair facility to contact the administrator
to obtain authorization for the claim. Failure to obtain
authorization prior to having repairs made will not
invalidate or reduce a claim unless the Administrator
is prejudiced by the contract holder’s failure
to obtain authorization. Section "CANCELLATION
PROCEDURES" is amended to reflect that paid claims
are not considered when calculating return premium.
WYOMING
Under Terms and Conditions, First Colonial Insurance
Company is replaced by Northbrook Indemnity Company
as the insurer.
The cancellation section of this Contract is amended
to include the following: If this Contract is originally
delivered to you by mail, you may cancel this Contract
within 20 days after the date the Contract was mailed
to you and receive a full refund of the Contract price
provided ASTATE907 no claim has been made under the
Contract.
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