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c. Any remaining manufacturer's warranty
must also be transferred at the same time as Vehicle ownership
transfer.
d. Copies of all maintenance records showing
actual oil changes and manufacturer's maintenance records
must be tetained by the new owner, along with similar documentation
for future maintenance work which the new owner will perform
in accordance with the PURCHASER RESPONSIBILITIES section
of this Agreement.
CANCELLATION OF YOUR AGREEMENT
a. You may cancel this Agreement by returning it to Us,
along with a signed letter stating the odometer mileage
on the date of cancellation.
b. We may cancel this Agreement for non-payment of the
Agreement charge, or for intentional misrepresentation in
obtaining this Agreement or in the submission of a claim.
c. If Your Vehicle and this Agreement have been financed,
the lien holder shown on the DECLARATION Section may cncel
this Agreement for non-payment or if Your Vehicle is declared
a total loss or is repossessed.
d. In the event of cancellation, the Lien Holder, if any,
will be named on the cancellation refund check as their
interest may appear. The Lien Holder will be the sole payee
on refund checks where the collateral has been repossessed
or is a total loss. Please see Your Issuing Dealer to collect
Your refund, as all cancellation refunds are sent to them.
e. If this Agreement is cancelled within the first sixty
(60) days, We will refund the entire Agreement price paid,
less any claims paid or pending. If this Agreement is cancelled
after the first sixty (60) days, We will make a pro rata
refund based on time or mileage, whichever refund is less,
less a fifty dollar ($50) administration fee.
SPECIAL STATE REQUIREMENTS/DISCLOSURES
The followign Special State Requirements
and/or Disclosures apply if this Agreement was purchased
in one of the following states:
ALABAMA
Under the CANCELLATION OF YOUR AGREEMENT
Section, paragraph
e. is amended with the following:
e. The right to receive a full refund for
cancellation within the first sixty (60) days is not transferable
and only applies to the original purchaser and only if no
claim has been made. A ten percent (10%) penalty per month
shall be added to a refund of a Service Agreement which
is cancelled within the first sixty (60) days that is not
paid or credited within fory-five (45) days after return
of the Service Agreement to the provider. If this Agreement
is cancelled after the first sixty (60) days, We will make
a pro-rata refund based on time or mileage, whichever refund
is less, less a twenty-five dollar ($25) administration
fee.
Under the TRANSFER OF YOUR AGREEMENT Section,
paragraph b. is amended as follows:
A twenty-five dollar ($25) transfer fee made
payable to the Administrator.
ALASKA
A "licensed repair facility" is
defined as a for-profit entity, recognized by the state,
in the business of repairing motor vehicles.
If a covered claim is not paid within thirty
(30) days after proof of loss has been filed, You may file
a claim directly with the insurance company.
Paragraph e. under the CANCELLATION OF YORU AGREEMENT Section,
is deleted and replaced with the following:
e. In the event You cancel this Vehicle Service
Agreement, We will calculate and make a pro-rata refund
based on time or mileage, whichever refund is less. Said
refund will be calculated less, seven and one half percent
(7.5%) of unearned premium, but not to exceed fifty dollars
($50).
The refund will be returned within forty-five
(45) days of receipt of the cancellation request or the
effective date of cancellation, whichever is later.
If We cancel a policy under this section, We shall return
or credit any unearned premium to the agent or broker of
record or directly to You or the premium finance company,
if applicable, before the effective date of cancellation.
No cancellation fee shall apply.
Under the WHAT IS NOT COVERED Section, paragraph
a.4) is amended by adding the following:
This Agreement does provide Coverage if Your
Vehicle is used for snow removal, provided Your Vehicle
is properly equipped for such use and is not used commercially.
To paragraph d. is added:
This Agreement does not provide Coverage
for damages for bad faith, punitive or exemplary damages,
personal injury including bodily injury, property damage
(except as specifically stated in the Agreement), and attorney
fees.
Under the TRANSFER OF YOUR AGREEMENT Section,
the transfer fee shall be twenty-five ($25) dollars.
CALIFORNIA
Travel Expenses ancillary
benefit is not available in California. Under the DEFINITIONS
section, the definition of Breakdown is deleted and replaced
with the following:
Breakdown - Means the failure of a covered
part under normal service due to defects in material and
workmanship. A covered part has failed when it can no longer
perform the function for which it was designed solely because
of its condition and not because of the action or inaction
of any non-covered parts.
Under the CANCELLATION OF YOUR AGREEMENT
Section, paragraph e. is deleted and replaced with the following:
e. If this Agreement is cancelled within
the first sixty (60) days and no claims have been filed,
We will refund the entire Agreement price paid. If this
Agreement is cancelled after the first sixty (60) days or
a claim has been filed, We will refund an amount of the
Agreement price according to the pro rata method reflecting
the days in force based on the term of the plan selected
and the date Coverage begins, less an administration fee
of twenty-five dollars ($25) or ten percent (10%) of the
Agreement charge, whichever is less.
GEORGIA
Under the CANCELLATION OF YOUR AGREEMENT
section, paragraph
e. is deleted and replaced with the following:
e. If this Agreement is cancelled within
the first sixty (60) days and no claims have been filed,
We will refund the entire Agreement price paid. If this
Agreement is cancelled after the first sixty (60) days or
a claim has been filed, We will refund an amount of the
Agreement price according to the pro rata method reflecting
the greater of the days in force or the miles driven based
on the term of the plan selected and the date Coverage begins.
An administration fee of ten percent (10%) of the pro rata
refund amount will be applied if this Agreement is cancelled
by You. If You have cancelled this Agreement and have not
received the refund from Us or the Administrator within
sixty (60) days of such cancellation, You may contact the
insurance company identified on the first page.
Company Cancellation:
This Vehicle Service Agreement is non-cancelable
by the company except for fraud, material misrepresentation,
or failure to pay premium. In the event of cancellation
for fraud or material misrepresentation, such cancellation
shall be made in writing to the Agreement holder and the
lien holder. Cancellation shall not be in effect less than
thirty (30)
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