Phone: 877-581-3154
Email: claims@americasrvwarranty.com
Phone: 844-910-4513
Email: info@americasrvwarranty.com
Phone: 844-910-4513
A thirty (30) day Waiting Period will apply from the Agreement Purchase Date. Claims may not be filed until this Waiting Period is satisfied. Unless You can provide proof that a valid inspection from a licensed 3rd party inspector has been completed within fifteen (15) days of purchase of this Agreement. Inspection cannot be completed by the dealership the Unit is being purchased at and must show covered items in good working condition.
YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU HAVE READ, UNDERSTAND AND ACCEPT ITS CONDITIONS. IF YOU SELL YOUR UNIT AND WANT TO CANCEL THIS AGREEMENT, YOU MUST REQUEST A REFUND IN WRITING ACCORDING TO THE TERMS IN THE "CANCELLATION SECTION" OF THIS AGREEMENT. YOU ACKNOWLEDGE YOUR UNDERSTANDING OF AND AGREE TO THE DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION IN THIS AGREEMENT. REFER TO THE DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION FOR OPT-OUT INSTRUCTIONS. THIS AGREEMENT IS BASED ON INFORMATION YOU PROVIDED ON THIS SCHEDULE PAGE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. YOU ACKNOWLEDGE YOUR UNDERSTANDING OF THE LIMITED APPLICABILITY OF THE FEDERAL MAGNUSON MOSS WARRANTY ACT AS SET OUT IN THIS AGREEMENT. YOU ACKNOWLEDGE ANY MISREPRESENTATION MAY RESULT IN THE DENIAL OF A CLAIM. YOU UNDERSTAND THAT THIS AGREEMENT HAS BEEN ISSUED IN ACCORDANCE WITH THE INFORMATION CONTAINED ABOVE AND IS SUBJECT TO THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT, WHICH YOU HAVE READ AND RECEIVED. YOU UNDERSTAND THE PURCHASE OF THIS AGREEMENT IS NOT REQUIRED IN ORDER TO OBTAIN FINANCING FOR THIS UNIT.
TERMS AND CONDITIONS
In the event of a Breakdown covered by this Agreement, We will pay for the agreed to costs to repair or replace any of the parts listed below, less any Deductible, in accordance with the Plan selected by You as shown on the Schedule and the Terms and Conditions of this Agreement.
BASIC COVERAGE
Chassis Engine Components: Engine block and/or replaceable cylinder sleeves and heads, if damaged as a result of the failure of an internally-lubricated part; all internally-lubricated parts (requiring lubrication for operation) contained within the engine block, including but not limited to: valves, valve springs, valve guides, valve covers, pistons and pins, main and rod bearings, crankshaft, camshaft, lifters, cam bearings, oil pump, rocker arms, push rods, timing chain, timing gears and timing chain tensioner. Timing cover, flywheel, flywheel ring gear, flex plate, vacuum pump, engine mounts, dipstick and tube, intake manifold, oil pan, turbocharger (factory installed only) and all internal parts (requiring lubrication for operation), diesel injectors and injector pump.
Transmission Components: Transmission case, if damaged as a result of the failure of an internally-lubricated part; all internally-lubricated (requiring lubrication for operation) parts within the transmission case including: torque converter, bands, clutches, gears, front pump, shafts, shift forks, synchronizers, shift solenoids, internal switches and sensors. Transmission mounts and transmission oil pan.
Drive Axle Components: Drive axle housing, if damaged as a result of the failure of an internally-lubricated part; all internally-lubricated parts within the drive axle housing, axle shafts, axle housing, universal joints, constant velocity joints, locking hub mechanisms, wheel bearings, drive shafts and center bearing.
PLUS COVERAGE (INCLUDES BASIC COVERAGE)
Engine Cooling Components: Water pump, radiator, cooling fan blades, fan clutch, hydraulic or electric fan motor, heater core, fan shroud and coolant recovery tank.
Steering Components: Steering gear housing and all internally-lubricated parts, control valve, steering cylinder, rack and pinion, factory-installed steering stabilizer, internal steering column shafts, steering pump, main and intermediate shafts and couplings.
Fuel Delivery Components: Fuel pump, fuel tanks, metal fuel lines, fuel injection pump, fuel injectors, fuel pressure regulator, auxiliary fuel tank switch and fuel lift pump.
Chassis Air Conditioning Components: Compressor, compressor clutch, clutch bearing, field coil, receiver dryer, accumulator, condenser, idler pulley, evaporator, blower fan and motor, high/low cut-off switches, pressure hose assemblies, refrigerant (when in conjunction with a covered repair).
Electrical Components: Alternator, starter, starter drive, starter solenoid, voltage regulator, distributor, manually-operated switches, ignition switch, windshield wiper motor and washer pump, power window motors, power window gears and regulators, and dual battery paralleling switch, battery cables.
Suspension Components: Upper and lower control arms, control arm shaft and bushings, upper and lower ball joints, steering spindles and supports, leaf and coil springs, spring shackles and bushings, rubber suspension springs, factory installed suspension air lines and suspension air bags.
Brake Components: Master cylinder, hydraulic or vacuum brake booster, wheel cylinders, magnets, calipers, drums and rotors (when in conjunction with a covered repair), combination valve, metal-only hydraulic tubing and metal fittings. ABS pressure modulator, accumulator, Air brake compressor, lines, treadle valve, compensating valve, actuator and diaphragm and slack adjusters.
TOTAL COVERAGE (INCLUDES BASIC AND PLUS COVERAGE)
Fresh/Waste Water System Components: Hot water tank, burner assembly, thermostat, thermocouple, gas valve, electronic ignition assembly, PC board, diesel/electric heating system, shower assembly, toilet, sink, holding tanks, gate valves, macerator pump, water pump, faucets, traps, fittings and water lines.
Kitchen Center Components: Range/oven burner assembly, burner valves, refrigerator/freezer, microwave, convection oven, thermostat, thermocouple, burner, igniter and PC board.
Roof/Basement Air Conditioning Components: Compressor, evaporator, condenser, capacitors, relays, thermostat, heat strips, expansion valve, control module and panel, reversing valve, blower fan and motor and PC Board, and ceiling ventilation fans and motors.
LP Gas System Components: Gas regulators, gas tanks, gas valves, tank gauges, LP lines and fittings, emergency shut off system, gas leak detector and carbon monoxide monitor.
Heating System Components: Furnace igniter, burner assembly, gas valve, gas leak detector, thermostat, thermocouple, blower motor, and PC board.
Generator/Power Plant Components: Power plant engine block and cylinder heads, if damaged as a result of the failure of an internally-lubricated part. All internally-lubricated parts contained within the power plant engine. Alternator, starter, manually-operated switches, voltage regulator, power converter-inverter, PC boards, fuel pump and hour meter.
Hi-Tech Components: Engine control module, camshaft and crankshaft position sensors, coolant temperature sensor, knock sensor, map sensor, mass airflow sensor, throttle position sensor, electronic ignition module, ignition coil, cooling fan control module, electric block heater, transmission control module, transmission mounted parking brake, wheel speed sensors and control module, automatic temperature control programmer, mode and temperature door actuators, remote mirror motors, keyless entry/alarm system, factory-installed entry/ security system, rear monitor camera, factory-installed fireplace burner assembly, interior mounted systems monitor, dash mounted instrument cluster and gauges.
Deluxe Appliance Components: Icemaker, trash compactor, dishwasher, built-in coffee maker, built-in food processor, in-sink disposal, basement refrigerator/freezer, central vacuum cleaner system, fold out external grill, clothes washer/dryer, ceiling fan motor and smoke detector.
Entertainment Components (factory/dealer installed only): Stereo receiver, tuner, CD player, DVD player, satellite system, television set(s), television antenna and rotator.
Interior and Exterior Components (factory/dealer installed only): Hood latches and springs; door handles, latches and springs; door chimes, heated seats, seat tracks, clock, courtesy map light assembly, power window curtain motors/shade motors, awning motor, awning mechanism, awning sensor, shore power cord and retractor, intercom, and air horn.
Leveling System Components: Factory installed mechanical/electric/hydraulic leveling jacks, controller, electrical switches and wiring harness.
Power Step Components: Power step, lines, fittings, cylinders, worm gears, electrical switches and wiring harness, entry door floor motor and mechanism.
Slide-Out Room Components: Slide-out room motor(s), guides, tracks and hydraulic valves, sliding floor motor, pump/jack assembly, electrical switches and wiring harness.
Seals and Gaskets: Seals and Gaskets are covered for all listed parts.
Wear and/or Tear: Coverage will be extended to all parts and components listed in the Schedules of Coverage that suffered a Breakdown as a result of Wear and/or Tear unless otherwise listed under the Exclusions section of this Agreement.
COMPLETE COVERAGE Covers all parts of the Unit except (only if selected and paid);
In the event of a Breakdown covered by this Agreement, We will pay for the agreed to costs to repair or replace any of the parts listed below, less any Deductible, in accordance with the Plan selected by You as shown on the Schedule and the Terms and Conditions of this Agreement.
TOTAL COVERAGE
Suspension Components: Leaf and coil springs, shackles and bushings and rubber suspension springs.
Brake Components: Master cylinder, wheel cylinders, calipers, magnets, metal-only hydraulic tubing and metal fittings, drums and rotors (when in conjunction with a covered repair).
Fresh/Waste Water System Components: Hot water tank, burner assembly, thermostat, thermocouple, gas valve, electronic ignition assembly, PC board, diesel/electric heating system, shower assembly, toilet, sink, holding tanks, gate valves, macerator pump, water pump, faucets, traps, fittings and water lines.
Roof/Basement Air Conditioning Components: Compressor, evaporator, condenser, capacitors, relays, thermostat, heat strips, expansion valve, control module and panel, reversing valve, blower fan and motor and PC board, and ceiling ventilation fans and motors.
Kitchen Center Components: Range/oven burner assembly, burner valves, refrigerator/freezer, microwave, convection oven, thermostat, thermocouple, burner, igniter and PC board.
LP Gas System Components: Gas regulators, gas tanks, gas valves, tank gauges, LP lines and fittings, emergency shut off system, gas leak detector and carbon monoxide monitor.
Heating System Components: Furnace igniter, burner assembly, gas valve, gas leak detector, thermostat, thermocouple, blower motor, and PC Board.
Generator/Power Plant Components: Power plant engine block and cylinder heads, if damaged as a result of the failure of an internally-lubricated part. All internally-lubricated parts contained within the power plant engine. Alternator, starter, manually-operated switches, voltage regulator, power converter-inverter, PC boards, fuel pump and hour meter.
Hi-Tech Components: Remote mirror motors, keyless entry/alarm system, factory-installed entry/security system, rear monitor camera, factory-installed fireplace burner assembly, interior mounted systems monitor, dash mounted instrument cluster and gauges.
Deluxe Appliance Components: Icemaker, trash compactor, dishwasher, built-in coffee maker, built-in food processor, in-sink disposal, basement refrigerator/freezer, central vacuum cleaner system, fold out external grill, clothes washer/dryer, ceiling fan motor and smoke detector.
Entertainment Components (factory/dealer installed only): Stereo receiver, tuner, CD player, DVD player, satellite system, 42" or smaller television set(s), television antenna and rotator.
Interior and Exterior Components (factory/dealer installed only): Hood latches and springs, door handles, latches and springs, door chimes, clock, power window curtain motors/shade motors, awning motor, awning mechanism, awning sensor, shore power cord and retractor.
Slide-Out Room Components: Slide-out room motor(s), guides, tracks and hydraulic valves, sliding floor motor, pump/jack assembly, electrical switches and wiring harness.
Power Step Components: Power step, lines, fittings, cylinders, worm gears, electrical switches and wiring harness, entry door floor motor and mechanism.
Leveling System Components: Factory-installed electric/hydraulic leveling jacks, controller, electrical switches and wiring harness.
Seals and Gaskets: Seals and Gaskets are covered for all listed parts.
Wear and Tear: Coverage will be extended to all parts and components listed in the Schedules of Coverage that suffered a Breakdown as a result of Wear and/or Tear unless otherwise listed under the Exclusions section of this Agreement.
COMPLETE COVERAGE Covers all parts of the Unit except (only if selected and paid);
Call the Administrator shown on the Schedule, prior to any repairs, to report a damaged tire or wheel and to obtain an authorization number.
Prior notification is required before any tire or wheel is repaired or replaced. Within thirty (30) days of an incident, send a copy of the repair or replacement invoice, including authorization number, tread depth of damaged tire, detailed description, cause of the damage, photograph(s) of the damaged tire or wheel and any other information reasonably requested, including Department of Transportation numbers of original tires and new ones installed, to the Administrator. Tire and Wheel Road Hazard coverage for the Unit and the Tow Vehicle is subject to the exclusions described in the Exclusions section of this Agreement, as applicable. Damages and costs resulting from or falling within any of the following descriptions are also excluded from coverage: resulting from chain damage or use on a construction site; resulting from collision with a curb, object or another vehicle; resulting from improper or inadequate maintenance, including misalignment, suspension problems, improper tire inflation; mechanical issues resulting in abnormal wear and tear, dry rot, salt water exposure or tire(s) worn to less than 3/32 inch tread depth; tires or wheels that are oversized or otherwise inconsistent with manufacturer’s recommendations; tires or wheels transferred from another Unit or vehicle; damage that does not affect performance or safety, such as sidewall rim pinches or bruises; damage covered by any other insurance, warranty or service contract; and Consequential Losses or damages.
(Does not apply to the optional Tire and Wheel Road Hazard)
You have the option to renew coverage for the Unit identified on the Schedule prior to the expiration of this Agreement. The decision to renew coverage is subject to the Administrator’s sole discretion and approval; taking into consideration the following terms and conditions:
This Agreement is for Your benefit and is transferable to the next subsequent private purchaser of the Unit only while the Agreement is in force and if certain conditions are met. You may not transfer this Agreement if the Unit is sold or traded (retail or wholesale) to a dealer or wholesaler.
A completed transfer application form and a fifty-dollar ($50) transfer fee must be submitted to the Administrator within thirty (30) days of a change in ownership, along with the following:
In the event of Your cancellation of this Agreement, any refund owed will be paid or credited no more than thirty (30) days from the date the Obligor or Seller receives notice of the request to cancel or sooner if required by state law.
THIS AGREEMENT DOES NOT PROVIDE COVERAGE FOR REPAIR
Our obligations to perform under this Agreement are insured under an insurance policy issued by Lyndon Southern Insurance Company [10751 Deerwood Park Blvd., Ste. 200, Jacksonville, FL 32256, Tel: (800) 888-2738], except in California, Georgia, New York, and Wisconsin.
In Georgia, the Obligor is insured under an insurance policy issued by the Insurance Company of the South, [10751 Deerwood Park Blvd., Ste. 200, Jacksonville, FL 32256, Tel: (800) 888-2738].
In New York and Wisconsin, the Obligor is insured under an insurance policy issued by the Blue Ridge Indemnity Company, [10751 Deerwood Park Blvd., Ste. 200, Jacksonville, FL 32256, Tel: (800) 888-2738].
In California, the Obligor is insured under an insurance policy issued by Response Indemnity Company of California, [10751 Deerwood Park Blvd., Ste. 200, Jacksonville, FL 32256, Tel: (800) 888-2738.]
If the Obligor fails to pay an authorized claim within sixty (60) days, or if the Obligor becomes insolvent or ceases to conduct business during the Term of this Agreement, You may submit your claim directly to the applicable insurer at the above address for consideration.
PLEASE READ THIS DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, INCLUDING THE OPT-OUT PROVISION, CAREFULLY TO UNDERSTAND Your RIGHTS. IT REQUIRES THAT CLAIMS (AS DEFINED BELOW) BERESOLVED SOLELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY A JURY OR IN A CLASSACTION.
Arbitration is a method of resolving any Claim without filing a lawsuit. In this Arbitration Agreement and Class Action Waiver (collectively including all of this section of this Agreement), You, We, and the Administrator/Obligor (the “Parties”) are agreeing to submit any and all Claims to binding arbitration on an individual basis for resolution. This Arbitration Agreement and Class Action Waiver sets forth the terms and conditions of Our Agreement to binding arbitration. The Parties agree that any and all claims, disputes and controversies related in any way to this Agreement, including but not limited to claims related to the underlying transaction giving rise to this Agreement, or claims related to the sale, financing or fulfillment of this Agreement (collectively, “Claims”), shall be resolved by final and binding arbitration.
“Claims” shall be given the broadest meaning possible and includes, without limitation, Claims arising under Agreement, tort, statute, regulation, rule, ordinance or other rule of law or equity, and Claims against any of Our or the Administrator’s owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, agents, successors, or assigns. “Claims” does not include a statutory claim for public injunctive relief brought under any California statute enacted for a public reason, provided that You by a judge or jury. THE PARTIES, INCLUDING YOU, WAIVE ANY RIGHT TO HAVE CLAIMS DECIDED BY A JUDGE OR JURY.
In addition, except as expressly stated in the Class Action Waiver or otherwise expressly stated herein, the arbitrator shall have exclusive authority to decide all issues related to the enforcement, applicability, scope, validity, and interpretation of this Arbitration Agreement, including but not limited to any unconscionability challenge or any other challenge that the Arbitration Agreement is void, voidable or otherwise invalid. Notwithstanding this Agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim, on an individual basis, within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under or related to this Agreement.
The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce. The Parties further agree that all issues relating to this Arbitration Agreement and Class Action Waiver, including its enforcement, scope, validity, interpretation, and implementation, will be determined pursuant to federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to this Arbitration Agreement and Class Action Waiver, then the law of the state where You purchased the Agreement shall apply, without regards to conflicts of law.
CLASS ACTION WAIVER. All Claims must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, representative action, mass action, private attorney general action or action on behalf of the general public, or similar proceeding (any such action is referred to herein as a “Class Action”). NO CLAIM WILL BE ARBITRATED ON A CLASS ACTION BASIS. The Parties, including You, expressly waive any right or ability to bring, assert, maintain, or participate as a class member in any Class Action in court, arbitration, or any other forum, and the right for anyone to do so on Your behalf. The arbitrator may not consolidate more than one person or entity’s claims, and may not otherwise preside over any Class Action. The arbitrator shall not have the authority to combine or aggregate multiple persons’ or entities’ Claims or discovery, to conduct a Class Action or to make an award to any person or entity not a party to the arbitration. Notwithstanding anything to the contrary, the Parties agree that the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver shall be decided by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is ruled unenforceable or is interpreted to not prevent a Class Action, then the Arbitration Agreement shall be null and void, and any Claims shall proceed in a court of law and not in arbitration. The Parties agree that if an arbitrator renders a decision regarding the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver, or determines that a Class Action may proceed in arbitration, then: (1) the arbitrator has exceeded his powers, pursuant to §10(a)(4) of the FAA, by taking such action; (2) either party may seek immediate review of that decision by a court of competent jurisdiction; and (3) a court of competent jurisdiction shall apply a “de novo” standard of review of that decision if such standard of review is allowed by the common law or statutes of that state. The Parties, including You, agree that if for any reason a Claim proceeds to Court, rather than arbitration, (1) the Claim will proceed solely on an individual, non-class, non-representative basis, and (2) no Party may be a class representative or class member or otherwise participate in any Class Action.
The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be conducted pursuant to the AAA Consumer Arbitration Rules (the “Code”). Information on AAA and a copy of the Code may be found at the following number and URL: American Arbitration Association, (800) 778-7879, www.adr.org. The arbitration will be governed by federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to the arbitration, then the law of the state where You purchased the Agreement shall apply, without regards to conflicts of law. The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. If Your total damage claims (not including attorney’s fees) do not exceed $25,000, then all Claims shall be resolved by the Code’s Procedures for the Resolution of Disputes through Document Submission, except that a Party may ask for a hearing or the arbitrator may decide that a hearing is necessary. If a hearing is held, You have a right to attend the arbitration hearing in person, and You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. In the event that the specified arbitration forum is unavailable, the Parties may agree on a substitute arbitration forum. If the Parties cannot agree, a court of competent jurisdiction may appoint a substitute arbitration forum. For information about how to initiate arbitration with the AAA, the Parties may refer to the AAA Code and forms at www.adr.org or call (800) 778–7879. If You initiate arbitration with AAA, You must pay the AAA filing fee in an amount no greater than the fee You would have to pay if You filed a complaint in federal court. We will pay any remaining Costs of arbitration required by the Code (“Arbitration Costs”); however, if the arbitrator determines that any of Your claims are frivolous, You shall bear all of the Arbitration Costs. If We initiate arbitration against You, We will pay the AAA filing fee and the Arbitration Costs. Each party will pay his/her/its own attorney’s fees, as well as costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the Code gives a party the right to recover any of those fees from the other party. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration.
If any portion of this Arbitration Agreement is deemed invalid or unenforceable, all the remaining portions of this Arbitration Agreement shall nevertheless remain valid and enforceable, provided, however, that if any portion of the Class Action Waiver is deemed invalid or unenforceable, then this Arbitration Agreement shall be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Agreement and Class Action Waiver and the other provisions of this Agreement or any other Agreement, this Arbitration Agreement and Class Action Waiver governs.
OPT-OUT PROVISION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDINGWRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS AGREEMENT (THE DATE OF PURCHASE BEING INDICATED ON YOUR AGREEMENT). To opt out, You must send written notice to: [14114 North Dallas Pkwy., Ste. 600, Dallas, Texas 75254]. You must include in Your opt out notice: (a) Your name and address; (b) the date You purchased Your Agreement; and (c) the Seller. If You properly and timely opt out, then all Claims will be resolved in court rather than arbitration.
You agree and acknowledge that You have paid an additional fee for this Agreement that is separate and apart from the purchase price You paid for the Unit. Because of that separately stated consideration, You agree and acknowledge that this Agreement is not part of the basis of the bargain for Your purchase of the Unit. You further agree and acknowledge that We, the Administrator/Obligor under this Agreement, are not the supplier of the Unit. Consequently, this Agreement is not a “written warranty” under the federal Magnuson Moss Warranty Act. As a result, this Agreement is not subject to the provisions of the Magnuson Moss Warranty Act that apply only to a “written warranty”.
THIS AGREEMENT SETS OUT THE FULL EXTENT OF OUR RESPONSIBILITIES. NEITHER THE OBLIGOR NOR THE PROGRAM ADMINISTRATOR SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, LOSS OF USE OF THE UNIT, INCONVENIENCE, OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACT OR OMISSION, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE OBLIGOR NOR THE PROGRAM ADMINISTRATOR AUTHORIZE ANY PERSON, ENTITY OR SELLER TO CREATE FOR THEM ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT.
In the event the purchase price of Your Agreement is being paid for through a Payment Plan (or its equivalent) which is terminated for non-payment, the Term and mileage of this Agreement will be modified to reflect the portion of the Agreement that You have paid for. The modified Term and mileage of the Agreement will be calculated on a pro-rata basis by adding the time and mileage that You have used from the Agreement Purchase Date and Unit odometer mileage on the Agreement Purchase Date as listed on the Schedule. You may contact the Administrator toll free at [855-530-4195] to obtain the modified Term and mileage limits.
If this Agreement was financed (purchased on a Payment Plan) by a funding party, the funding party shall be entitled to a refund(s) resulting from cancellation of this Agreement for any reason including repossession of Your Unit, or total loss of Your Unit. Failure to make monthly payments in a timely manner may result in cancellation of this Agreement and no refund will be issued and no claims will be approved.
It is Our policy to respect the privacy of Our customers. For information on Our privacy practices, please review Our privacy policy at [www.headstartwarrantygroup.com].
STATE DISCLOSURES
ALABAMA
CANCELLATION, 3., is deleted in its entirety and replaced with the following: The Agreement Holder may cancel this Agreement within thirty (30) days of the Agreement Purchase Date, and receive a full refund of the total Agreement Purchase Price, less any claims paid. The Agreement Holder may cancel this Agreement after thirty (30) days and receive a pro rata refund of the total Agreement Purchase Price based on the greater of the days in force or the miles driven compared to the total AgreementTerm, less the applicable cancellation fee. A cancellation fee not to exceed twenty-five dollars ($25) will be charged for cancellation occurring after thirty (30) days. No cancellation fee will be charged if We cancel Your Agreement. The Term of this Agreement for cancellation purposes will be based on the Unit Purchase Date and the Unit mileage on such date. Refunds issued hereunder shall be issued less the value of any services received by the Agreement Holder (including claims paid). 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 Agreement to Us. Consequential Loss and Pre-existing Conditions are excluded under this Agreement. The Agreement will be governed under the laws of the State of Alabama.
ALASKA
CANCELLATION, B., is amended as follows: A cancellation fee of seven and one-half percent (7.5%) or twenty-five dollars ($25), whichever is less.
CANCELLATION, 3., is deleted in its entirety and replace with the following: The Agreement Holder may cancel this Agreement within thirty (30) days of the Agreement Purchase Date, and receive a full refund of the total Agreement Purchase Price, less any claims paid. The Agreement Holder may cancel this Agreement after thirty (30) days and receive a pro rata refund of the total Agreement Purchase Price based on the greater of the days in force or the miles driven compared to the total AgreementTerm, less the applicable cancellation fee. A cancellation fee of seven and one-half percent (7.5%) or twenty-five dollars ($25), whichever is less. The cancellation fee is only applicable if You cancel the Agreement after thirty (30) days the Agreement was delivered to You. If this Agreement is cancelled, We shall refund or credit to You the prorated amount of the unearned Agreement Purchase Price, less any claims paid, within forty-five (45) days after the return of this Agreement to Us. If We do not provide a refund or credit within forty-five (45) days after We cancel this Agreement, a ten percent (10%) penalty of the unearned Agreement Purchase Price for each month the refund remains unpaid shall be added to the refund.
We may only cancel this Agreement for the following reasons: (1) Your nonpayment of the Agreement Purchase Price; (2) Your conviction for a crime having as one of its necessary elements an act increasing a hazard covered by this Agreement; (3) discovery of fraud or material misrepresentation made by You in obtaining the Agreement or pursuing a claim under this Agreement; (4) discovery of a grossly negligent act or omission by You that substantially increases the hazards covered by this Agreement; (5) physical changes in the Unit that results in the Unit becoming ineligible for coverage under the Agreement; or (6) a substantial breach of duties by You related to the Unit. If We cancel the Agreement, written notice of such cancellation will be mailed to You at least five (5) days before cancellation by Us. The notice shall state the effective date of the cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or fraud or a material misrepresentation by You in obtaining this Agreement or by You in pursuing a claim under the Agreement.
DISPUTE RESOLUTION/ARBITRATION AND CLASS ACTION WAIVER - is deleted in its entirety and replaced with: If You and the Administrator/Obligor fail to agree on the amount of a covered first party loss, either may make written demand upon the other to submit the dispute for appraisal. Within ten (10) days of the written demand, each party must notify the other of the appraiser each has selected. The two appraisers will promptly choose a competent and impartial umpire. Not later than fifteen (15) days after the umpire has been chosen, unless the time period is extended by the umpire, each appraiser will separately state, in writing, the amount of the loss. If the appraisers submit a written report of Agreement on the amount of the loss, the agreed amount will be binding. If the appraisers fail to agree, the appraisers will promptly submit their differences to the umpire. A decision agreed to by one of the appraisers and the umpire will be binding. All expenses and fees, not including counsel or adjuster fees, incurred because of the appraisal shall be paid, as determined by the umpire. Except as specifically provided, nothing in this section is intended to or shall in any manner limit or restrict Your rights or the rights of the Administrator/Obligor. All references to DISPUTE RESOLUTION/ARBITRATION AND CLASS ACTION WAIVER are deleted.
This Agreement will provide coverage if Your Unit is used for snow removal, provided it is properly equipped for such use and is not used commercially.
EXCLUSION 11, is deleted and replaced with the following: ANY LOSS, DAMAGE, OR EXPENSE NORMALLY COVERED BY A STANDARD AUTOMOBILE INSURANCE POLICY.
EXCLUSION 27, is deleted in its entirety.
INSURANCE STATEMENT: is amended as follows: in the event the Obligor fails to provide a covered service within thirty (30) days after the Agreement Holder notifies the Obligor of a claim, or if the Obligor becomes insolvent or ceases to conduct business during the Term of this Agreement, You may file a direct claim with the insurer as designated above. To do so, please call the following number for instructions: [(800) 888-2738].
ARIZONA
CANCELLATION, 3., is amended as follows: You may cancel this Agreement by submitting a written request containing a copy of YourAgreement and the current mileage on Your Unit. During the first thirty (30) days from the Agreement Purchase Date, We will refund You one hundred percent (100%) of the Agreement Purchase Price with no deductions for any claims or pending claims. After the first thirty (30) days from the Agreement Purchase Date, We will refund You a pro-rated amount of the Agreement Purchase Price, based on the months remaining, less claims paid and less a cancellation fee of fifty dollars ($50.00) or ten percent (10%) of the unearned Agreement pro-rata purchase price, whichever is less.
The DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER is amended to include: Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. §20-1095.09, Unfair trade Practices as outlined by the Arizona Department of Insurance and Financial Institutions. To learn more about this process, You may contact the Arizona Department of Insurance and Financial Institutions at 100 N. 15th Ave., Suite 261, Phoenix, AZ 85007-2630, Attn: Consumer Protection.
You may directly file any complaint with the Arizona Department of Insurance and Financial Institutions (A.D.I.F.I.) against a Service Company issuing an approved Service Contract under the provisions of A.R.S. §§ 20-1095.04 and/or 20-1095.09 by contacting the Consumer Protection Division of the A.D.I.F.I. at 602-364-2499 or difi.az.gov.
ARKANSAS
The CANCELLATION section is amended as follow: Claims paid will not be deducted from Your cancellation refund amount. Arbitration clause is non-binding and voluntary.
CALIFORNIA
PRE-EXISTING CONDITIONS is defined as: a condition that existed prior to the Agreement Purchase Date.
CANCELLATION, 3., is amended as follows: You may cancel this Agreement by submitting a written request to the Seller containing a copy of Your Agreement. If You request a cancellation during the first sixty (60) days from the Agreement Purchase Date, We will refund You one hundred percent (100%) of the Agreement Purchase Price, less any claims paid on Your Agreement. After the first sixty (60) days from the Agreement Purchase Date, We will refund You a pro-rated amount of the Agreement Purchase Price, based on the Term remaining of the Agreement, less a cancellation fee of either ten percent (10%) of the Agreement Purchase Price or twenty-five dollars ($25.00), whichever is less.
DISPUTE RESOLUTION/ARBITRATION AND CLASS ACTION WAIVER section is amended as follows: The arbitrators shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. All arbitration shall be handled in accordance with the California Arbitration Act (California Code of Civil Procedure, Section 1280). All references to Commercial arbitration rules are replaced with Consumer arbitration rules. The class action waiver is deleted in its entirety. The fees and costs are amended to comply with California Code of Civil Procedure, Section 1284.3. The clause stating “It is understood and agreed that the transaction evidenced by this Agreement takes place in and substantially affects interstate commerce” is removed in its entirety.
Headstart Warranty Group LLC. [14114 North Dallas Pkwy., Ste. 600, Dallas, Texas 75254.(888) 964-1899 (CA Lic.: )]. If any promise made in the Agreement has been denied or has not been honored within sixty (60) days after Your request, You may contact the California Department of Insurance at (800) 927-4357 or access the department's Internet Web site (www.insurance.ca.gov).
COLORADO
In the event the Obligor fails to pay an authorized claim within sixty (60) days after proof of loss has been filed, You may file a direct claim with the insurance company listed in INSURANCE STATEMENT of this Agreement. Policy Number
CONNECTICUT
If this Agreement has a Term of less than one (1) year, the Agreement Term shall be extended for the time period the Unit is being repaired under this Agreement.
CANCELLATION, 3., is amended as follows: This Agreement may be cancelled by You at any time for any reason by submitting a written request to the Administrator or Seller containing a copy of Your Agreement.
You may pursue arbitration to settle disputes between You and the Administrator. A written complaint containing a description of the dispute, the purchase or lease price of the Unit, the cost of repair of the Unit and a copy of Your Agreement may be mailed to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attention: Consumer Affairs Division.
We do not offer in-home service for Your Unit.
FLORIDA
CANCELLATION, 1., 2., & 3., are deleted in their entirety and replaced with the following: You may cancel this Agreement by submitting a written request to the Administrator or Seller containing a copy of Your Agreement. During the first sixty (60) days from the Agreement Purchase Date, We or the Seller will refund You one hundred percent (100%) of the Agreement Purchase Price, less any claims paid on Your Agreement. After the first sixty (60) days from the Agreement Purchase Date, We or the Seller will refund You a pro rata amount of the Agreement Purchase Price, based on the months remaining, less a fifty-dollar ($50) cancellation fee or ten percent (10%) of the unearned pro rata premium, whichever is less.
The Administrator section is deleted in its entirety and replaced with the following: We may cancel this Agreement during the first sixty (60) days of the Agreement Purchase Date for any reason. After sixty (60) days, We may cancel this Agreement for material misrepresentation or fraud at time of sale or for non-payment of Agreement Purchase Price or if You have failed to maintain the covered parts as prescribed by the manufacturer. If We cancel this Agreement, We or the Seller will refund You one hundred percent (100%) of the Agreement Purchase Price, less any claims paid on Your Agreement. If We cancel this Agreement for non-payment of the Agreement Purchase Price by You, We shall provide You notice of cancellation by certified mail. If Your Agreement is financed, the Lienholder has the right to receive any portion of the cancellation refund amounts. If Your covered Unit is repossessed, stolen or declared a total loss, You authorize the Lienholder to cancel this Agreement. The Lienholder, if any, will be named on a cancellation refund check as their interest may appear. A forty dollars ($40) transfer fee is applicable. DISPUTE RESOLUTION/ARBITRATION AND CLASS ACTION WAIVER section is amended to add the following: Arbitration proceedings shall be conducted in the county in which the consumer resides. The Agreement Purchase Price charged for this Agreement is not subject to regulation by the FL Office of Insurance Regulation.
GEORGIA
CANCELLATION, 3., is amended to read as follows: If You cancel the Agreement within sixty (60) days of the Agreement Purchase Date, the cancellation fee will not be charged. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days of the return of this Agreement to Us. If cancelled after sixty (60) days, the cancellation fee will be fifty dollars ($50) or ten percent (10%) of the pro rata refund amount, whichever is less. If You cancel this Agreement and have not received a refund from Us or the Administrator within sixty (60) days of such cancellation, You may contact the Insurance Company identified in the INSURANCE STATEMENT. In the event of cancellation, You will not be charged for claims paid or repair service fees.
Pre-existing conditions known to You are not covered, including any covered part that was broken, worn beyond serviceable limits, or making noise at the time of purchase, or any component or system that was not functioning properly upon the first attempt to operate.
EXCLUSIONS –
DISPUTE RESOLUTION/ARBITRATION AND CLASS ACTION WAIVER provision is deleted in its entirety. Arbitration does not apply in Georgia. The OPT-OUT PROVISION only applies to the CLASS ACTION WAIVER.
The funding party and Lienholder may only cancel for nonpayment in the event of a total loss or repossession of the Unit.
HAWAII
CANCELLATION, 3., is amended as follows: If You cancel this Agreement within the applicable time period for a full refund and no claims have been paid, a penalty of ten percent (10%) per month shall be added to any refund not paid to You within forty-five (45) days.
IDAHO
CANCELLATION, 3., is amended as follows: Claims paid will not be deducted from Your cancellation refund amount. If You are in need of emergency repairs and are unable to contact Us for prior authorization, then You may take Your Unit to any state licensed Repair Facility to have the repairs performed prior to authorization by Us. In such a case, You must contact Us as soon as possible to file a claim. Failure to obtain prior authorization from Us prior to the performance of a repair will not invalidate a covered claim if You show that it was not reasonably possible to do so. Coverage afforded under this Agreement is not guaranteed by the Idaho Insurance Guarantee Association.
ILLINOIS
CANCELLATION. 3., is amended as follows: If You elect cancellation, We may retain a cancellation fee not to exceed the lesser of ten percent (10%) of the Agreement Purchase Price or fifty dollars ($50).
INDIANA
Your proof of payment to the Seller for this Agreement shall be considered proof of payment. This Agreement is not insurance and is not subject to Indiana insurance law. INSURANCESTATEMENT is amended as follows: Obligations of the Obligor under this Agreement are insured under a reimbursement insurance policy. If the Obligor fails to pay or provide service on a claim or provide a refund within sixty (60) days after proof of loss has been filed, the Agreement Holder is entitled to make a claim directly against the insurance company referenced in the INSURANCE STATEMENT section.
IOWA
CANCELLATION,3., is amended to include the following: If cancelled after the first thirty (30) days, the cancellation fee for cancellation by You can be no more than ten percent (10%) of the Agreement Purchase Price or fifty dollars ($50), whichever is less. If You cancel this Agreement within the first thirty (30) days, a ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of this Agreement to Us.
Iowa residents only may contact the Iowa Insurance Commissioner at the following address: Iowa Insurance Division, 1963 Bell Avenue, Suite 100, Des Moines, Iowa 50315 (515) 654-6600. This Agreement is subject to the appliable provisions of the Iowa Consumer Credit Code, Chapter 537.
INSURANCE STATEMENT is amended as follows: Obligation of the Obligor under this Agreement are insured under a reimbursement insurance policy. If the Obligor fails to pay or provide service on a claim or provide a refund within sixty (60) days after proof of loss has been filed, the Agreement Holder is entitled to make a claim directly against the insurance company referenced in the INSURANCE STATEMENT section.
KENTUCKY
Transfer fee and Cancellation fee are not applicable.
LOUISIANA
CANCELLATION, 3., is amended as follows: If You have requested cancellation within the first thirty (30) days, a full refund, less a fifty dollar ($50.00) cancellation fee, shall be issued. 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 this Agreement to Us.
This Agreement is not regulated by the Louisiana Department of Insurance.
Any concerns or complaints regarding this Agreement may be directed to the Louisiana Attorney General.
The DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER section is voluntary and non-binding.
If You are in need of emergency repairs and are unable to contact Us for prior authorization, then You may take Your Unit to any state licensed Repair Facility to have the repairs performed prior to authorization by Us. In such a case, You must contact Us as soon as possible to open a claim file. Failure to obtain prior authorization from Us prior to the performance of a repair will not invalidate a covered claim if You show that it was not reasonably possible to do so.
MAINE
CANCELLATION, 3., is deleted and replaced with the following: The Agreement Holder may cancel this Agreement within the first thirty (30) days of the Agreement Purchase Date, and receive a full refund of the total Agreement Purchase Price plus any applicable sales tax, less any claims paid. The Agreement Holder may cancel this Agreement after thirty (30) days and receive a pro rata refund of the total Agreement Purchase Price based on the greater of the days in force or the miles driven compared to the total AgreementTerm, less the applicable cancellation fee of fifty dollars ($50) or ten percent (10%) of the Agreement Purchase Price, whichever is less. The Term of this Agreement for cancellation purposes will be based on the date of purchase of the Unit and the Unit mileage on such date. Refunds issued hereunder shall be issued less the value of any services received by the Agreement Holder, (including claims paid). If a refund is owed, the refund will be paid or credited within thirty (30) days from the date the Obligor or Seller receives notice of the request to cancel from the Agreement Holder. 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 this Agreement to Us.
If an emergency repair is needed when Our claims office is closed and prior authorization for the repair cannot be obtained, You should proceed with the claim procedure and contact Us for the reimbursement consideration instructions on the next business day.
EXCLUSIONS – is amended to include the following: Consequential Loss and Pre-Existing Conditions are not covered under this Agreement.
INSURANCE STATEMENT is amended as follows: If We fail to pay or provide service on a claim, including any claim for the return of the unearned portion of the Agreement Purchase Price, within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company listed in INSURANCE STATEMENT of this Agreement.
MARYLAND
CANCELLATION, 3., is amended as follows: If You are the original Agreement Holder and You cancel this Agreement within thirty (30) days of the original Agreement Purchase Date, a full refund will be issued, less any claims paid. If You cancel this Agreement after thirty (30) days, You will receive a pro rata refund of the total Agreement Purchase Price based on the greater of the days in force or the miles driven compared to the total Agreement Term. The Term of this Agreement for cancellation purposes will be based on the date of purchase of the Unit and the Unit mileage on such date. Refunds hereunder shall be issued less the value of any services received by the
Agreement Holder (including claims paid). The cancellation fee does not apply in Maryland. 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 this Agreement to Us.
A ten percent (10%) penalty per month of the Agreement Purchase Price shall be added to a refund that is not paid within forty-five (45) days of return of this Agreement to Us. If a refund is owed, the refund will be paid or credited within thirty (30) days from the date the Obligor or Seller receive notice of cancellation from the Agreement Holder.
BREAKDOWN – A Breakdown will also be covered if it was caused by normal wear and tear of a covered component.
DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER does not apply in Maryland.
The transfer fee does not applyinMaryland.
The cost of tear down and diagnostics are included with loss covered by this Agreement.
INSURANCE STATEMENT is amended as follows:
You may file a direct claim with the insurance company listed in the INSURANCESTATEMENT section if We fail to pay any claim or make any refund or consideration due within sixty (60) days after the proof is filed with the Us. To do so, please call the following toll-free number for instructions: (800) 888-2738.
This Agreement is extended automatically when the Obligor fails to perform the services under the Agreement. The Agreement does not terminate until the services are provided in accordance with the terms of the Agreement.
MASSACHUSETTS
CANCELLATION, 3., is amended as follows: If You are the original Agreement Holder and You cancel this Agreement within thirty (30) days of the Agreement Purchase Date, You will receive a refund within forty-five (45) days of return of this Agreement to Us, otherwise a ten percent (10%) penalty per month shall be added to a refund. The Obligor of this Agreement is the Seller listed on the Schedule.
MINNESOTA
CANCELLATION, 3., is amended as follows: A ten percent (10%) penalty per month must be added to a refund that is not paid or credited within forty-five (45) days after return of the Agreement to the Obligor. If We cancel the Agreement, written notice of such cancellation will be mailed to You within fifteen (15) days of the date of cancellation and will state the effective date and the reason for cancellation; five (5) days written notice will be mailed to You for non-payment of premium, material misrepresentation or substantial breach of duties by You.
MISSISSIPPI
CANCELLATION, 3., is amended as follows: The cancellation fee is not to exceed ten percent (10%) of the Agreement Purchase Price or fifty dollars ($50), whichever is less. 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 this Agreement to Us.
This Agreement is not supported by a manufacturer or distributor.
IMPORTANT NOTICE ABOUT YOUR COVERAGE:
1.) This Agreement includes a binding Arbitration Agreement.
2.) The Arbitration Agreement requires that any dispute related to Your coverage must be resolved by Arbitration and not in a court of law.
3.) The results of the Arbitration are final and binding on You and Us.
4.) In an Arbitration, one or more arbitrators, who are independent, neutral decision makers, render a decision after hearing the positions of the parties.
5.) When You become a Agreement Holder under this Agreement, You must resolve any dispute related to the Agreement by binding arbitration instead of a trial in court, including a trial by jury.
6.) Binding arbitration generally takes the place of resolving disputes by a judge and jury.
7.) Should You need additional information regarding the binding arbitration provision in the Agreement, You may contact Our toll-free assistance line at (844) 870- 4881.
NEBRASKA
DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER section is deleted in its entirety and replaced with the following: Any claim or dispute in any way related to this Agreement, by a person covered by this Agreement against Us or Us against a person covered under this Agreement, may be resolved by arbitration only upon mutual consent of the parties. Arbitration pursuant to this provision shall be subject to the following:
NEVADA
DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER does not apply in Nevada.
CANCELLATION, 3., is deleted in its entirety and replaced with the following: You may cancel this Agreement by submitting a written request to the Administrator or Seller containing a copy of Your Agreement and the current mileage on Your Unit. During the first thirty (30) days from the Agreement Purchase Date, We or the Seller will refund You one hundred percent (100%) of the Agreement Purchase Price. After the first thirty (30) days from the Agreement Purchase Date, We will refund You a pro-rated amount of the Agreement Purchase Price, less a twenty-five dollar ($25) cancellation fee, within forty-five (45) days after the Agreement has been returned to Us. 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 this Agreement to Us.
However, if this Agreement has already been issued and the manufacturer’s warranty becomes void during the Term of this Agreement, We will not automatically suspend all coverage. We will not provide any coverage that would have otherwise been provided under the manufacturer’s warranty. However, We will continue to provide any other coverage under this Agreement, unless such coverage is otherwise excluded by the terms of this Agreement. This Agreement is non-renewable. If You are not satisfied with the manner in which We are handling the claim on the Agreement, You may contact the Nevada Commissioner by use of the toll-free telephone number: (888) 872-3234 or http://doi.nv.gov/.
TRANSFER OF AGREEMENT is amended as follows: Transfer fee is twenty-five ($25) dollars.
NEW HAMPSHIRE
If You have any questions regarding this Agreement, You may contact Us by mail or by phone. Refer to the front of this Agreement for Our address and toll-free number. In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department at the following address: 21 Fruit Street, Suite 14, Concord, New Hampshire 03301.
CANCELLATION, 3., is amended as follows: The cancellation fee is fifty ($50) dollars or ten (10%) percent of the Agreement Purchase Price, whichever is less.
DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER is subject to N.H. Rev. Stat. 542.
NEW JERSEY
CANCELLATION, 3., is amended as follows: If You are the original Agreement Holder and You cancel this Agreement within thirty (30) days of the original Agreement Purchase Date, You will receive a refund within forty-five (45) days of return of this Agreement to Us; otherwise a ten percent (10%) penalty per month shall be added to a refund.
NEW MEXICO
CANCELLATION, 3., is amended as follows: If the Agreement Holder’s refund is not returned within sixty (60) days of return of this Agreement to Us, a ten percent (10%) penalty of the purchase price, for each thirty (30) day period or portion thereof that the refund remains unpaid will be added to the refund. If the Agreement Holder cancels this Agreement thirty (30) days after the Agreement Purchase Date, a refund of 100% of the unearned pro rata Agreement Purchase Price will be provided, less a cancellation fee of fifty dollars ($50) or ten percent (10%) of the Agreement Purchase Price, whichever is less, and less any claims paid. The right to void this Agreement is not transferable and applies to only the original Agreement Holder.
We will mail a cancellation notice to You at least fifteen (15) days prior to the cancellation effective date.
The notice of cancellation will be effective as of the date of termination as stated in the notice of cancellation.
If You have any concerns regarding the handling of Your claim, You may contact the Office of Superintendent of Insurance at 855-427-5674.
NEW YORK
CANCELLATION, 3., is amended as follows: If this Agreement is originally delivered to You by mail, You may cancel this Agreement within thirty (30) days after the Agreement was mailed to You and receive a full refund of the Agreement Purchase Price provided no claim has been made under the Agreement. If a full refund is due to You under this Agreement, a ten percent (10%) penalty per month will be added to the refund if it is not made within thirty (30) days of return of the Agreement to Us.
If You are in need of emergency repairs and are unable to contact Us for prior authorization, then You may take Your Unit to any state licensed Repair Facility to have the repairs performed prior to authorization by Us. In such case, You must contact Us as soon as possible to open a claim file. Failure to obtain prior authorization from Us prior to the performance of a repair will not invalidate a covered claim if You show that it was not reasonably possible to do so. Additionally, failure to furnish Us with copies of repair orders and other requested receipts or documents within thirty (30) days of the repair will not invalidate a covered claim if You show that it was not reasonably possible to do so.
INSURANCE STATEMENT is amended as follows: Obligations of the Obligor under this Agreement are guaranteed under a service contract reimbursement insurance policy. If the Obligor fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the Agreement Holder is entitled to make a claim directly against the insurance company.
NORTH CAROLINA
CANCELLATION is amended as follows: A twenty-five dollar ($25) cancellation fee or ten percent (10%) of the pro-rata refund amount, whichever is less, is applicable.
OHIO
THIS AGREEMENT IS NOT INSURANCE AND IS NOT SUBJECT TO THE INSURANCE LAWS OF THIS STATE.
CANCELLATION, 3., is amended as follows: In the event You cancel this Agreement and no refund is received, You may contact the insurance company listed in the INSURANCE STATEMENT section of this Agreement for Your refund.
INSURANCE STATEMENT is amended as follows: Obligations of the Obligor under this Agreement are insured under a reimbursement insurance policy. If the Obligor fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the Agreement Holder is entitled to make a claim directly against the insurance company referenced in the INSURANCESTATEMENT section.
OKLAHOMA
This Agreement is not issued by the manufacturer or wholesale company marketing the product. This warranty will not be honored by such manufacturer or wholesale company.
The coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma Service Warranty Statutes do not apply to commercial use references in Service Warranty Contracts, Oklahoma License Number: [XXXX].
CANCELLATION, 3., is deleted in its entirety and replaced with the following: You may cancel this Agreement by submitting a written request to the Seller containing a copy of Your Agreement. If You cancel during the first thirty (30) days from the Agreement Purchase Date, and no claim has been authorized or paid, We or the Seller will refund You one hundred percent (100%) of the Agreement Purchase Price. After the first thirty (30) days from the Agreement Purchase Date, or if a claim was made within the first thirty (30) days, We or the Seller shall provide a refund of ninety percent (90%) of the unearned pro rata premium, less the cost of service provided under this Agreement. We may cancel this Agreement during the first thirty (30) days of the Agreement Purchase Date for any reason. After thirty (30) days, We may cancel this Agreement for material misrepresentation or fraud at time of sale or for non-payment of Agreement Purchase Price. F. Administrator is amended as follows: If We cancel this Agreement, We or the Seller will refund You one hundred percent (100%) of the Agreement Purchase Price, less the cost of service provided under this Agreement. If Your Agreement is financed, the Lienholder has the right to receive any portion of the cancellation refund amounts. If Your Unit is repossessed, stolen or declared a total loss, You authorize the Lienholder to cancel this Agreement.
DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER is amended as follows: While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a district court of Oklahoma.
OREGON
If You have any questions regarding this Agreement, or a complaint against the Obligor, You may contact the Oregon Department of Consumer & Business Services, Division of Financial Regulation, Consumer Advocacy Unit at 350 Winter Street NE, Room 300, Salem Oregon 97301, (888) 877-4894.
DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER does not apply in Oregon. If an emergency repair must be performed outside of normal business hours, You may contact the Administrator during normal business hours to seek reimbursement of a covered claim.
ROADSIDE ASSISTANCE is amended by deleting the following from the list of non-included benefits: Coverage shall not be provided in the event of emergencies resulting from the use of intoxicants or narcotics, or the use of the Unit in the commission of a felony.
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 ninety (90) days or 4,000 miles, whichever occurs first. Used vehicles with more than 36,000 miles but less than 100,000 miles at time of sale; Provides coverage for thirty (30) days or 1,000 miles, whichever occurs first. The UnitYou have purchased may by covered by this law. If so, the following is added to this Agreement: In addition to the dealer warranty required by this law, You have elected to purchase this Agreement, 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 Agreement. The required dealer warranty is provided free of charge. Furthermore, the Definitions, Coverages and Exclusions stated in this Agreement apply only to this Agreement and are not the terms of the required dealer warranty.
SOUTH CAROLINA
If You have any questions regarding this Agreement, or a complaint against Us, You may contact the South Carolina Department of Insurance, Capital Center, 1201 Main Street, Ste. 1000, Columbia, SC 29202-3105, (800) 768-3467.
CANCELLATION, 3., is amended to include the following: A ten (10) percent penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Agreement to Us.
TEXAS
CANCELLATION, 3., is deleted in its entirety and replaced with the following: If the Agreement Holder cancels this Agreement before the thirty-first (31) day of the Agreement Purchase Date, the Agreement Holder will receive a full refund of the total Agreement Purchase Price. If a claim has been incurred before the thirty-first (31) day, the Agreement Holder shall receive a full refund of the Agreement Purchase Price less claims paid. If the Agreement Holder cancels this Agreement after the thirty-first (31) day, the Agreement Holder will receive a pro rata refund of the total Agreement Purchase Price, based on the days in force compared to the total Agreement Term, less claims paid and the applicable cancellation fee in the amount of fifty dollars ($50). The Term of this Agreement for cancellation purposes will be based on the Unit Purchase Date. If a refund is owed, the refund will be paid or credited within thirty (30) days from the date the Obligor or Seller receive notice of cancellation from the Agreement Holder. A ten percent (10%) penalty per month shall be added to a refund that is not made within forty-five (45) days after return of this Agreement to Us.
If a covered claim is not paid or a refund not provided within forty-five (45) days after You have filed proof of loss with Us, You may contact or file a claim directly with the insurance company listed in the INSURANCE STATEMENT section of this Agreement.
If You have any questions regarding the regulation of this Agreement or a complaint against Us, You may contact the Texas Department of Licensing and Regulation, 920 Colorado, Austin, Texas 78701, or P.O. Box 12157, Austin, Texas 78711, (800) 803-9202.
Our service contract provider license number is: 799
UTAH
Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.
CANCELLATION, 3., is amended as follows: This Agreement may only be canceled by Us on grounds of: (1) material misrepresentation; (2) substantial change in risk; or (3) substantial breaches of contractual duties, conditions or warranties. In general, If We cancel this Agreement, We will mail to You written notice of cancellation at least thirty (30) days before the cancellation date. However, if We cancel this Agreement within the first sixty (60) days after the Agreement Purchase Date or if We cancel this Agreement because You have defaulted in Your obligation to repay the amount financed by the Lienholder, We will mail to You written notice of cancellation at least ten (10) days before the cancellation date.
If You are in need of emergency repairs and are unable to contact Us for prior authorization, then You may take Your Unit to any state licensed Repair Facility to have the repairs performed prior to authorization by Us. In such a case, You must contact Us as soon as possible to open a claim file. Failure to obtain prior authorization from Us prior to the performance of a repair will not invalidate a covered claim if You show that it was not reasonably possible to do so. Additionally, failure to furnish Us with copies of repair orders and other requested receipts or documents within thirty (30) days of the repair will not invalidate a covered claim if You show that it was not reasonably possible to do so.
INSURANCE STATEMENT is amended as follows: In the event the Obligor fails to pay a claim within sixty (60) days, or if the Obligor becomes insolvent or ceases to conduct business during the Term of this Agreement, You may file a direct claim with the insurer as designated in the INSURANCE STATEMENT section. To do so, please all the following number for instructions: [(800) 888-2738)].
DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER is amended as follows: Any matter in dispute between consumer and Obligor may be subject to arbitration as an alternative to court action pursuant to the rules of (The American Arbitration Association or other recognized arbitrator), a copy of which is available on request from Obligor. Any decision reached by arbitration shall be binding upon both consumer and Obligor. The arbitration award may include attorney’s fees, if allowed by state law, and may be entered as a judgment in any court of proper jurisdiction. The arbitrator shall be prohibited from awarding punitive, consequential, special, incidental, and exemplary damages. The arbitrator may award a party only its actual damages and the arbitrator may award equitable relief including injunctive relief. An arbitration award may not be set aside in later litigation except upon the limited circumstances set forth in the Federal Arbitration Act, 9 U.S.C. §1 et Seq. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction.
VERMONT
CANCELLATION, 6., is amended as follows: We may only cancel this Agreement for fraud or material misrepresentation affecting the Agreement or the presentation of a claim there under, non-payment of the Agreement Purchase Price, or violation of any terms or conditions of the Agreement. If We cancel this Agreement for any other reason, We will provide a written notice with the reason for cancellation by certified mail within forty-five (45) days’ notice of the cancellation date.
VIRGINIA
If any promise made in the Agreement has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
WASHINGTON
CANCELLATION, 3., is deleted in its entirety and replaced with the following: How You May Cancel This Agreement: You may cancel this Agreement by surrendering Your copy of this Agreement with written notice to the Seller or directly to Us. Written notice shall contain an odometer statement indicating the odometer reading at the date of the request of cancellation. If You cancel this Agreement within the first thirty (30) days and no claims have been filed, We will refund the entire Agreement Purchase Price. A ten percent (10%) penalty shall be added to any refund that is not paid or credited within thirty (30) days after return of this Agreement to the Seller or to Us. If this Agreement is canceled after the first thirty (30) days or a claim has been filed, We will refund the unearned Agreement 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 Agreement was in force or the number of miles the Unit was driven prior to cancellation, less a cancellation fee of twenty-five dollars ($25). Claims paid will not be deducted from Your cancellation refund amount. If a refund is owed, the refund will be paid or credited within thirty (30) days from the date the Obligor or Seller receive notice of cancellation from the Agreement Holder. In the event of cancellation, the Lienholder identified on the Schedule, if any, will be named on a cancellation refund check as its interest may appear. If the Unit and this Agreement have been financed, the Lienholder shown on the Schedule may cancel this Agreement for non-payment or if the Unit is declared a total loss or is repossessed. This right of cancellation does not confer ownership of this Agreement to the Lienholder or otherwise entitle the Lienholder to performance under this Agreement.
INSURANCE STATEMENT is amended as follows: Our performance under this Agreement is insured by an insurance policy issued to Us by the insurance company listed in the INSURANCESTATEMENT section . If You cancel this Agreement, You may apply for a refund with the insurance company. The warranty of merchantability on the Unit is not waived if the Agreement was purchased within ninety (90) days of the purchase date of the Unit, and the provider or the service contract Seller also sold the Unit.
If You are in need of emergency repairs and are unable to contact Us for prior authorization, then You may take Your Unit to any Repair Facility to have the repairs performed prior to authorization by Us. In such a case, You must contact Us as soon as possible to open a claim file. Failure to obtain prior authorization from Us prior to the performance of a repair will not invalidate a covered claim if You show that it was not reasonably possible to do so. Additionally, failure to furnish Us with copies of repair orders and other requested receipts or documents within thirty (30) days of the repair will not invalidate a covered claim if You show that it was not reasonably possible to do so.
The DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER section is amended as follows: The Insurance Commissioner of Washington is the Service Provider’s attorney to receive service of process in any action, suit or proceeding in any court, and the state of Washington has jurisdiction of any civil action in connection with this Agreement. Arbitration proceedings shall be held at a location in close proximity to the Agreement Holder’s permanent residence.
WASHINGTON D.C.
CANCELLATION, 3., is amended as follows: If the Agreement Holder cancels within the first thirty (30) days, 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 Agreement and upon receipt of the Administrator. The cancellation fee may not exceed ten (10%) percent of the Agreement Purchase Price.
This Agreement is amended to include: At the sole discretion of the Administrator, replacement may be made with new, remanufactured, non-OEM or used parts, which are of a like kind and quality comparable with the original design specifications and wear tolerances of Your Unit.
WEST VIRGINIA
CANCELLATION, 3., is amended as follows: The cancellation fee does not apply in West Virginia.
If a covered claim is not paid within fifteen (15) working days from the agreed upon settlement, You may file a claim directly with the insurance company listed in the INSURANCE SETTLEMENT section of this Agreement.
DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER is amended as follows: If both parties agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a third arbitrator. If they cannot agree upon the selection of a third arbitrator within thirty (30) days, both parties must request that selection of a third arbitrator be made by a judge of a court having jurisdiction. Local rules of law as to procedure and evidence will apply. Payment of the arbitrator’s fee shall be made by Us if coverage is found to exist. If coverage is not found, each party will: (a) pay its chosen arbitrator; and (b) bear the other expenses of the arbitrator equally.
WISCONSIN
THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.
CANCELLATION, 3., is deleted in its entirety and replaced with the following: You may cancel this Agreement for any reason within thirty (30) days of the Agreement Purchase Date, or thirty (30) days from mailing if the Agreement is provided to You by mail, and receive a full refund of the total Agreement Purchase Price, less any claims paid or made. The Agreement Holder may cancel this Agreement for any reason after thirty (30) days and receive a pro rata refund of the total Agreement Purchase Price less the cancellation fee. The cancellation fee may not exceed the lesser of fifty dollars ($50) or ten percent (10%) of the amount paid by the Agreement Holder. 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 Agreement to the Obligor or Administrator.
WYOMING
CANCELLATION 3., is amended to add the following: If a full refund is due You under this Agreement, 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 this Agreement to Us. F. Administrator is amended as follows: We shall mail written notice to You at Your last known address in the records of the Obligor at least ten (10) days prior to cancellation by the Obligor. Prior notice is not required if the reason for cancellation is non-payment of the Agreement Purchase Price, a material misrepresentation by the Agreement Holder to the Obligor or a substantial breach of duties by the Agreement Holder relating to the Unit or its use. The notice shall state the effective date of the cancellation and the reason for cancellation.
The DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER is deleted in its entirety.