American Auto Shield Wrap Coverage
Contract
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| AMERICA AUTO
SHIELD WRAP COVERAGE CONTRACT |
DEFINITIONS
• ADMINISTRATOR means Warranty
America, LLC, the party responsible for administering
the services outlined in this Contract as authorized
and on behalf of the Service Contract Provider/Obligor.
• CONTRACT HOLDER means the purchaser
or holder named on this Contract
• SERVICE CONTRACT PROVIDER/OBLIGOR
means United Car Care, the party obligated under Contract.
• VENDOR means the company from
whom You purchased this Contract. Vendor information
can be found on the declaration page of this Contract.
• WE, US and OUR means Warranty
America, LLC, the party responsible for administering
the services outlined in this Contract as authorized
and on behalf of the Service Contract Provider/Obligor.
• YOU, YOUR means the Contract
holder named on this Contract.
• 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.
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.
• CONTRACT means this Vehicle
Service Contract You purchased to protect your Vehicle.
• COMMERCIAL USE means any vehicle
used for Business purposes. Vehicles that are used in
excess of manufacturer’s g.v.w.r. for excessive
hauling and pulling or are in excess of 1-ton classification
are excluded from coverage hereunder. Tow trucks, taxis,
police vehicles and vehicle used for emergency purposes
are excluded from coverage.
• COVERED PART means any part
of the vehicle listed herein as a COVERED PART and not
excluded from coverage by this Contract.
• LUBRICATED PART means any parts,
which requires lubrication to perform its function.
• PARTICIPATING LENDER means
any financial institution providing financing for the
purchase of the Contract.
• REPAIR FACILITY means any licensed
automotive REPAIR FACILITY at which the CONTRACT HOLDER
seeks to acquire service under this Contract.
• WAITING PERIOD means no claims or Roadside
assistance benefits will be paid on any claims or failures
that occur within the first 30 days and 1,000 miles
from the “Odometer Reading” and “Sale
Date” on the Declaration Page.
INSURANCE COMPANY STATEMENT
The obligations of the Service Contract Provider/Obligor,
administered by the Administrator named above, under
this Contract are guaranteed by a Vehicle Service Contract
Liability Insurance Policy, Policy # USA 038 (CT103
in Connecticut, AL102 in Alabama) issued by DEALERS
ASSURANCE COMPANY (“DAC”), 3518 Riverside
Drive, Upper Arlington, OH 43221, phone 800-282-8913.
In the event the Administrator on behalf of the Service
Provider/Obligor does not pay a covered claim within
60 days after proof of loss has been filed or the Administrator
ceases to do business or goes bankrupt, You may apply
directly to DAC at the address above for the mechanical
protection afforded by the Contract. Consult the individual
State addendums at the end of this contract to determine
if Your state has any variances to the above.
When you receive this Contract read it carefully.
Ensure that Part One (the Declaration Page) is complete
and accurate. Read all sections of Part Two (the Coverage
Pages) carefully and if you are unclear about any information
herein call the Administrator, for clarification.
Purchase of this Contract is not required in order to
purchase or obtain financing for the vehicle. 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.
CONTRACT HOLDER OBLIGATIONS
• The CONTRACT HOLDER hereby authorizes the PARTICIPATING
LENDER to: (1) be listed as joint payee and receive
any refund in the event this Contract is canceled, or
(2) to cancel this Contract in the event the CONTRACT
HOLDER defaults in his/her obligations to such lender.
• In order for this Contract to remain in force,
the CONTRACT HOLDER is required to follow the vehicle
manufacturer’s required maintenance schedule.
Some vehicle manufacturers require that the Timing Belt
be changed at a specific interval. CONTRACT HOLDER must
follow the vehicle manufacturer’s maintenance
guidelines to avoid denial of a claim because of improper
maintenance. The CONTRACT HOLDER must keep and make
available verifiable, signed service/purchase receipts
that show that this maintenance has been performed within
the time and mileage limit requirements.
• The CONTRACT HOLDER and the REPAIR FACILITY
are required to obtain from Warranty America, LLC an
authorization number prior to beginning any repair covered
by this Contract.
• The CONTRACT HOLDER is responsible for paying
a $100 deductible for each visit to the REPAIR FACILITY,
unless a lower deductible option has been purchased.
• The CONTRACT HOLDER is responsible for authorizing
and paying for any tear down or diagnosis time needed
to determine if the vehicle has a covered BREAKDOWN.
If it is subsequently determined that the repair is
needed due to a covered BREAKDOWN, the Administrator
will pay for such tear down or diagnosis. If the failure
is not a covered BREAKDOWN, the CONTRACT HOLDER is responsible
for payment of such tear down or diagnosis.
ADMINISTRATOR OBLIGATIONS
If a covered Mechanical BREAKDOWN of the vehicle occurs
during the term of this Contract, WE will:
• Pay the CONTRACT HOLDER or the REPAIR FACILITY
for repair or replacement, as WE, deem appropriate,
of the COVERED PART(s) which caused the BREAKDOWN if
the CONTRACT HOLDER has met his/her obligations as described
in this Contract and if the BREAKDOWN is not excluded
under the exclusions section of this Contract. Replacement
parts can be of like kind and quality. This may include
the use of new, remanufactured or used parts as determined
by US. Labor will be authorized based on a nationally
recognized labor manual.
• Rental reimbursement is based on labor time
charged to do the repair(s). Rental will not be authorized
until the repairs have been authorized by US. One (1)
day rental is allowed for parts delay, inspection of
BREAKDOWN, and/or four (4) hours to do repairs. An additional
day of rental will be authorized for every additional
eight (8) hours of labor time charged to do the repairs.
TO RECEIVE RENTAL BENEFITS THE CONTRACT HOLDER MUST
SUPPLY US, WITH HIS/HER RECEIPT FROM A LICENSED RENTAL
AGENCY. The limit on this reimbursement is up to $50
per day for up to three (3) days per BREAKDOWN or series
of BREAKDOWNS related in time or cause.
• Reimburse the CONTRACT HOLDER for motel and
restaurant expenses up to $50 per day for a maximum
of three (3) days in the event of a BREAKDOWN covered
by the Contract, which occurs more than one hundred
(100) miles from Your home and results in a REPAIR FACILITY
keeping the vehicle overnight. The maximum benefit per
occurrence is $150. TO RECEIVE MOTEL AND RESTAURANT
REIMBURSEMENT, THE CONTRACT HOLDER MUST SUPPLY US, WITH
HIS/HER RECEIPTS FROM THE PROVIDERS OF SUCH SERVICES.
• Reimburse the CONTRACT HOLDER for the actual
expenses occurred for towing, not to exceed the amount
stated on the Declaration Page of this Contract when
a BREAKDOWN has occurred.
PARTS COVERAGES
THE PARTS LISTED BELOW ARE NOT
COVERED. (Therefore any part not listed
is covered under this coverage excluding coverage provided
by the manufacturer for the same term):
Paint/carpeting; frame or structural separation; manual/hydraulic
clutch assembly; trim; hoses and rubber parts; fiberglass
top; any repositioning, refitting or realigning; 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,
engine tune-ups, spark/glow plugs, plug wires, brake
pads, linings & shoes, filters; lubricants &
coolants (unless in conjunction with a covered breakdown);
hoses and v-style belts; bright metal; light bulbs/headlight
or taillight assemblies; exhaust system; weather stripping;
body panels; brake rotor/drums; normal fluid/oil lubricant
seepage; canvas, vinyl or fabric tops; satellite/gps
systems; video systems; remote compact disc changers;
shop supplies, hazard waste removal; body adjustments;
buttons, handles, door hinges, glass and glass assemblies;
service adjustments and cleaning; retrofits or replacements
of any components caused by or due to compliance with
law or legislation including the 1990 clean air act,
and including emission control equipment and sensors.
Tires - the tire must be an original vehicle manufacturer
equipped tire, or replacement tire of the same size
and type, with no less that 3/32” tread depth,
properly installed on your vehicle. Reimbursement is
based on the price of original tires purchased with
your vehicle. Covered damage is defined as any road
hazard caused damage necessitating replacement of the
tire.
BENEFITS:
The following additional benefits are provided with
your Contract, except where prohibited by law. Your
Contract provides you with an emergency road service
program when needed 24 hours a day, 365 days a year.
Dispatch service will be provided by “Signature’s
Nationwide Auto Club”, a GE Financial Assurance
Company. When Your vehicle becomes disabled, just call
866-222-7869 and a service vehicle will be dispatched
to You. Simply sign for the service and go on our way.
There is a combined $400 limit for auto club benefits
for the term of Your Contract.
TOWING SERVICE: When Your vehicle
cannot be started or driven, or is in an accident, You
are covered up to fifty dollars ($50) per occurrence.
EMERGENCY TIRE SERVICE: Whenever You
have a flat or damaged tire, You are covered up to a
maximum of thirty-five dollars ($35) per occurrence
for the roadside service company to change the inflated
spare from mount to wheel.
LOCKOUT SERVICE: Misplaced, broke,
or accidentally locked Your keys in the vehicle? Dispatch
will provide a locksmith or emergency vehicle service
to assist You. Independent service company vehicles
are equipped to provide locksmith services. This service
is limited to fifty dollars ($50) per occurrence.
BATTERY SERVICE: In the event the battery
for Your vehicle fails, battery services will be provided
to a maximum of thirty-five dollars ($35) per occurrence.
Independent service company vehicles are ALL equipped
to boost batteries as well as perform minor adjustments
to batteries, starters, and alternators.
FUEL DELIVERY SERVICE: At Your Service
will deliver oil, fuel, or water to the site of the
Contract Holder. The Contract Holder is responsible
for the cost of the fuel. In the event that local state
regulations prohibit the delivery of flammable materials
(i.e. gas), At Your Service will tow Your vehicle to
the nearest gas station within the limits of Your towing
coverage. These delivery services are limited to thirty-five
dollars ($35) per occurrence.
WINCHING: Winching services will provide
winching service within 100 feet of the roadside (excludes
off-road driving). Winching services are limited to
thirty-five dollars ($35) per occurrence.
OPTIONAL
COVERAGES:
GPS PACKAGE: If
you selected and paid an additional charge for the GPS
coverage as shown on Your Contract declaration page,
the following components of Your vehicle will be covered
under this Contract: Factory installed GPS and video
components including TV/VCR/DVD/VIDEO GAME PLAYER. COVERAGE
DOES NOT COVER PROGRAMMING, SOFTWARE UPDATES OR SERVICEING
OR CLEANING.
EMISSIONS PACKAGE: If You selected
and paid an additional charge for the Emissions coverage
as shown on Your contract declaration page, the following
components of Your vehicle will be covered under this
Contract: Air Fuel Ratio Sensor, Air Induction System,
Air Pump, Anti-Knock Sensor, Barometric Pressure Sensor,
Canister Purge Solenoid, Deceleration Valve, EGR Recirculation
System, EGR/ EFE Thermal Vacuum Switch, EGR/EFE Valve,
Engine Oil Fill Cap, Fuel Fill Neck Restrictor, Fuel
Receptacle, Fuel Sensor, Fuel Tank Pressure Control
Valve (PCV), Fuel Temperature Sensor, Idle Air Control
Valve, Intake Air Resonator, Intake Air Temperature
Sensor, Intake Manifold, MAP Sensor, Mass Air Flow Sensor,
Oxygen Sensor, PCV Sensor, Positive Crankcase Ventilation
Valve, Power train Control Module, Secondary Air Injection
Systems. Coverage for components listed in this coverage
supersedes those excluded in the exclusions section
of this Contract.
EXCLUSIONS
WHAT THIS CONTRACT DOES NOT COVER:
This contract does not cover the following: No claims
or roadside assistance benefits will be paid on any
claims or failures that occur within the “waiting
period”. Repair or replacement of a covered component/part
to correct conditions that may reasonably be assumed
to have existed at the inception date of the coverage
provided by this contract (does not apply to arizona
customers); a breakdown caused by lack of manufacturer’s
specified maintenance; a breakdown caused by contamination
(foreign objects or substances inclufding but not limited
to sludge) 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
the 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); any cost covered
by a repairer’s or supplier’s guarantee,
or any cost which would normally be covered by a manufacturer’s
warranty; 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;
any liability, cost or damages the contract holder may
incur to the benefit of any third parties other than
us,-approved repair or replacement of covered parts’
which caused a breakdown; a breakdown caused by overheating,
rust or corrosion; cost for any alignments, adjustments,
reprogramming, software updates and glass. Replacement
costs for any upholstery, paint, nuts, bolts, fasteners,
fuses and fuseable links; 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; 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; 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 a breakdown; any costs or other benefit
for which the manufacturer has announced its responsibility
through any means including public recalls or factory
service bulletins; vehicles that have been modified
in a manner that increases the likelihood of a breakdown,
including but not limited to tires that exceed manufacture’s
tolerance; 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; breakdowns’ caused by an improper
repair previously performed; continued operation of
an impaired vehicle which causes further damage is not
covered. Vehicles that do not have a valid v.i.n., or
are titled as branded, salvaged, junk, rebuilt, totaled
or flood damaged. Commercially used vehicles (unless
surcharge has been applied) any vehicle that is used
for snow removal purposes (unless surcharge has been
applied). Any failure that occurs outside of the United
States and Canada.
HOW THIS CONTRACT MAY BE CANCELED, INCLUDING
REFUNDS AND CHARGES
The CONTRACT HOLDER may cancel this Contract by sending
this Contract with a notarized statement indicating
the actual miles on your vehicle at the date of the
request to Warranty America, LLC, at 5695 Yukon Street,
Arvada, Colorado, 80002. The CONTRACT HOLDER may cancel
this Contract within sixty (60) days of the Contract
Purchase Date, if no claim has been made, and receive
a full refund of the Total Contract Purchase Price,
less claims paid. 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 claims paid. If the contract was purchased in
Arizona claims paid will not be deducted from the pro
rata cancellation amount. All cancellations for Contracts
that have been financed will be paid to the PARTICIPATING
LENDER, unless the Contract has been paid in full by
the customer. The term of this Contract for cancellation
purposes will be based on the date of purchase of the
Contract and the vehicle mileage on such date. Warranty
America is primarily responsible to provide any refund
under this Contract. If this Contract was purchased
in Oklahoma the refund will be issued on the above mentioned
pro rata basis less any applicable cancellation fee
not to exceed ten percent (10%) of the refund issued
hereunder. If this Contract was purchased in Illinois,
the cancellation fee shall be ten percent of the service
contract price not to exceed $50.00. 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 South Carolina, the Contract may be
returned within (20) days from the date issued to the
Contract Holder and receive a refund of the full purchase
price, less claims paid. In addition, a ten percent
penalty per month shall be added to a refund that is
not paid within (45) days after request was made. If
this Contract was purchased in Alabama, Illinois, Nevada,
Texas or Wyoming, a ten percent (10%) penalty per month
shall be added to a refund that is not made within forty-five
(45) days of return of the Contract to US. 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 US; The applicable
cancellation fee shall be $50, except: if this Contract
was purchased in Alabama, the applicable cancellation
fee shall be $25 and will not be assessed if the CONTRACT
HOLDER is entitled to a full refund hereunder; 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 customer may cancel at any time and
receive a pro rata refund less any claims paid on the
Contract and a reasonable cancellation fee not to exceed
ten percent (10%) of the refund issued hereunder; if
this Contract was purchased in Washington, the applicable
cancellation fee shall be $25 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, such
subtraction of the value of any services received by
the CONTRACT HOLDER shall apply only to cancellations
not fully refunded; if this Contract was purchased in
Arizona, Nevada and Wisconsin such subtraction of any
services received by the CONTRACT HOLDER shall never
apply; If this Contract was purchased in Wyoming cancellation
refunds made to the PARTICIPATING LENDER will be made
payable to the PARTICIPATING LENDER and the CONTRACT
HOLDER.
WHAT TO DO IF YOU HAVE A 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) Present this Contract to the REPAIR FACILITY, call
Warranty America, LLC toll free at 1-800-531-1925, and
fax any required maintenance receipts. WE can be reached
through the mail at 5695 Yukon Street, Arvada, CO 80002.
3) Prior to proceeding with repairs, ensure the REPAIR
FACILITY calls Warranty America, LLC with an estimate
of repairs and receives an authorization number from
US.
4) Warranty America, LLC reserves the right to inspect
any BREAKDOWN prior to authorization.
5) In-home service or repair is not provided under this
Contract. Any payment of the costs of transporting the
vehicle for service is provided under this Contract
exclusively pursuant to the terms and conditions.
6) The CONTRACT HOLDER is responsible for paying a $100
deductible for each visit to the REPAIR FACILITY, unless
a lower deductible surcharge is purchased.
7) 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.
WHAT WE WILL DO WHEN YOU REPORT A CLAIM
Upon the filing of a claim under this Contract, Warranty
America, LLC, will verify the validity of the Contract
(proper owner, proper vehicle, Contract still in force),
verify the BREAKDOWN with the REPAIR FACILITY, verify
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.
WE reserve the right to inspect the vehicle prior to
issuing an authorization. In the event of a dispute
between the Administrator and the REPAIR FACILITY, the
Administrator reserves the right to move your vehicle
to a REPAIR FACILITY of the Administrator choice. (This
does not apply in Nevada)
HOW THIS CONTRACT MAY BE TRANSFERED
Only the original CONTRACT HOLDER may transfer this
Contract. This option is not available to the CONTRACT
HOLDER if the vehicle is traded or sold to or through
any entity other than a private party. The rights and
duties of the CONTRACT HOLDER under this Contract may
be transferred in a sale of the vehicle directly to
another private party, but only if the CONTRACT HOLDER:
(1) Sends the completed transfer application to Warranty
America, LLC at the address provided above within thirty
(30) days of the sale or transfer of the vehicle, and
(2) encloses a $50 transfer fee (No transfer fee is
assessed if this Contract was purchased in the State
of Missouri). In the event the vehicle is a total loss
or is repossessed, any rights and obligations under
this Contract immediately transfer to the lien holder,
if any. The CONTRACT HOLDER must provide the new owner
with copies of all receipts as listed under the section
of this Contract entitled "CONTRACT HOLDER OBLIGATIONS".
ADMINISTRATOR’S RIGHT TO CANCEL THIS CONTRACT
If this Contract was purchased in Nevada, WE reserve
the right to cancel this Contract for any reason within
the first seventy (70) days after the Contract Purchase
Date; thereafter, and if this Contract was purchased
anywhere other than Nevada, at any time, WE reserve
the right to cancel this Contract upon the occurrence
of any of the following:
• Failure by the CONTRACT
HOLDER to pay an amount when due.
• Conviction of the CONTRACT HOLDER of a crime,
which results in an increase in the service required
under this Contract.
• Discovery of fraud or material misrepresentation
by the CONTRACT HOLDER in obtaining this Contract
or in presenting a claim for service hereunder.
• Discovery of an act or omission by the CONTRACT
HOLDER, or a violation by the CONTRACT HOLDER of any
condition of this Contract, which occurred after the
effective date of this Contract and which substantially
and materially increases the service required under
this Contract, including but not limited to failure
of the odometer of the vehicle or if for any reason
it does not record the actual mileage of the vehicle
after the Contract Purchase Date and the actual mileage
of the vehicle cannot be established to a reasonable
degree of certainty, if there is a lack of required
maintenance, if the vehicle is operated without coolant
or lubricant, and if the vehicle is used for commercial
purposes (unless the COMMERCIAL USE option is part
of this Contract).
No cancellation of this Contract
by US shall become effective until fifteen (15) days
after the notice of cancellation is mailed to the CONTRACT
HOLDER. WE will not charge a cancellation fee if this
Contract is canceled by US. NOT APPLICABLE IN ARIZONA.
If this Contract was purchased in South Carolina under
Chapter 78 of the South Carolina Code of Laws, 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 US.
If this Contract was purchased in Utah, the following
replaces the above mentioned cancellation guidelines:
No cancellation of this contract by US, except cancellation
for non-payment of premium, shall become effective sooner
than thirty (30) days after the delivery or first-class
mailing of a written notice to the CONTRACT HOLDER.
Cancellation for non-payment of premium shall become
effective no sooner than ten (10) days after delivery
or first class mailing of a written notice to the CONTRACT
HOLDER. Notice of cancellation for non-payment of premium
shall include a statement of the reason for cancellation:
• Material misrepresentation;
Substantial change in the risk assumed, unless the
insurer should reasonably have foreseen the change
or contemplated risk when entering the contract; Substantial
breaches of contractual duties, conditions, or warranties.
• Attainment of the age specified as the terminal
age for coverage, in which case the insurer may cancel
by notice, accompanied by a tender of proportional
return of premium.
• Revocation or suspension of the driver’s
license of the named insured or any other person who
customarily drives the car.
OTHER IMPORTANT CONTRACT PROVISIONS
United Car Care (UCC) 6501 South Fiddler’s Green
Circle Suite 611 Greenwood Village, CO 80111 is the
Service Contract Provider and Obligor of this Contract.
UCC has contractually authorized Warranty America, LLC
to administer all the services outlined in this contract
including, but not limited to: claims administrations,
inquiries, cancellations initiated by the Administrator
and Contract Holder and refunds. In the event the Administrator
does not provide the services outlined in this contract
please refer to the “Insurance Company Statement”
section of this contract and follow the instructions
set forth to file a claim directly with the insurance
company listed.
ARBITRATION
All claims or disputes relating to this Contract or
the breach thereof shall be decided by binding arbitration
unless YOU and the Administrator agree otherwise. Arbitration
shall be specifically enforceable under the prevailing
arbitration law. WE agree to use one (1) arbitrator,
mutually acceptable to YOU and US. Written notice of
the request for arbitration must be filed with US within
a reasonable time after the claim or dispute has arisen,
but not later than one (1) year after the claim or dispute
arises. The award rendered by the arbitrator shall be
final and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction.I
If YOU have any legal claim against US and do not agree
to arbitration, YOU agree that any action, claim, or
suit shall only be brought in the District Court, Jefferson
County, Colorado. If YOU bring any such action, claim,
or suit against US in any court or forum other than
in the District Court, Jefferson County, Colorado, WE
can seek dismissal of YOUR action, claim, or suit and
require that it be maintained in Jefferson County, Colorado.
No arbitration clause may prohibit an Arizona Service
CONTRACT HOLDER from seeking remedy by filing a complaint
with the director of the Arizona Department of Insurance.
AZ Contract holder may file any complaint under the
provisions A.R.S. § 20-1095.04 and/or A.R.S. 20-1095.09
with ADOI Consumer Affairs Division by calling 800-325-2548.The
venue for arbitration settlement or any legal claim
by a Arizona resident CONTRACT HOLDER is the state of
Arizona.
ARIZONA - Claims may not be denied
solely because of a pre-existing condition unknown by
the CONTRACT HOLDER at time of purchase.
CONNECTICUT - The expiration date of
this contract shall automatically be extended by the
duration that the vehicle is in OUR custody being repaired.
“Resolution of Dispute” – Written
complaints may be mailed to: 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 or lease
price of the product, the cost of repair of the product
and a copy of the warranty contract.
IDAHO - Coverage afforded under this
motor Vehicle Service Contract is not guaranteed by
the Idaho Insurance Guarantee Association.
IOWA - The Iowa Insurance Commissioner
is Therese M. Vaughan, Division of Insurance, State
of Iowa, 330 East Maple Street, Des Moines, Iowa 50319.
MISSOURI, MINNESOTA, OKLAHOMA, TEXAS - Obligations
of the provider under this service contract are backed
only by the full faith and credit of the provider (issuer)
and are not guaranteed under a service contract reimbursement
insurance policy.
SOUTH CAROLINA - If the provider does
not timely resolve such matters within (60) days of
proof of loss, they may contact the South Carolina Department
of Insurance, P.O. Box 100105, Columbia, SC 29202-3105,
or (800)768-6134.
TEXAS - Unresolved complaints concerning
Provider or questions concerning the regulation of Service
Contract providers may be addressed to the Texas Department
of Licensing and Regulation, E.O. Thompson State Office
Building, 920 Colorado, Austin, Texas 78701, (512) 463-2906.
UTAH - Coverage afforded under this
Contract is not guaranteed by the Property and Casualty
Guaranty Association.
WASHINGTON - The implied warranty of
merchantability on the motor vehicle is not waived if
the Contract has been purchased within ninety (90) days
of the purchase date of the motor vehicle from a Provider
who also sold the motor vehicle covered by the Contract.
The CONTRACT HOLDER acknowledges by initialing hereafter
that he/she has read the sections entitled CONTRACT
HOLDER Obligations, What To Do If You Have A BREAKDOWN,
COVERED PARTS, Exclusions -What This Vehicle Service
Contract Does Not Cover, Contract Term, and How This
Contract May Be Canceled.
WISCONSIN - Claims may not be denied
solely because the CONTRACT HOLDER did not obtain preauthorization
within a reasonable time frame. This warranty is subject
to limited regulation by the office of the commissioner
of insurance. A security deposit with the Wisconsin
state treasurer is being used in lieu of an insurance
policy
WYOMING - Arbitration will be in accordance
with the Wyoming Arbitration Act. Any other legal action
is in accordance with Wyoming state law.
The aggregate total of Provider’s liability for
all benefits paid or payable during the term of this
Contract shall not exceed the Trade In Value of the
vehicle according to current National Auto Dealers Association
standards at the time of BREAKDOWN.
This Contract is not renewable.
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