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