STATE-SPECIFIC AMENDMENTS. This AGREEMENT is amended to comply with the following state requirements: A ten percent (10%) penalty per month shall be added to a refund that is not paid within thirty (30) days in Hawaii, Iowa, Maryland, New Mexico, and New York or that is not paid within forty-five (45) days in Alabama, Alaska, Maine, Minnesota, Missouri, New Jersey, South Carolina, Texas, Wisconsin and Wyoming of YOUR cancellation and return of this AGREEMENT to US. Alaska: Cancellation By Us section is amended to delete reasons: 5, 6, 8 and 9. The cancellation fee may not exceed 7.5% of the TOTAL AGREEMENT SALE PRICE. Arizona - CANCELLATION BY US is modified to read: Notwithstanding any of the forgoing provisions in this section, WE will not cancel or void YOUR AGREEMENT for any of the following reasons: a. due to acts or omissions of the PROVIDER, its assignees, or subcontractors for their failure to provide correct information or their failure to perform the services or repairs provided in a timely, competent, workmanlike manner; b. Pre-existing conditions; c. Prior use or unlawful acts relating to the PRODUCT; d. Misrepresentation by either the PROVIDER or its subcontractors; e. Ineligibility for the program, including gray market, high performance, and GM diesel autos. A gray market vehicle (also known as an overseas vehicle) is an imported vehicle that has been brought into the United States with the intent to have the vehicle titled and registered in the United States. California: Performance to YOU under this AGREEMENT is guaranteed by a California approved insurance company. YOU may file a claim with the insurance company, Atlantic Specialty Insurance Company, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, if any promise made in the AGREEMENT has been denied or has not been honored within sixty (60) days after the date of YOUR request. If YOU are not satisfied with the insurance company’s response, YOU may contact the California Department of Insurance at 1-800- 927-4357; ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The FREE LOOK term is changed from thirty (30) days to sixty (60) days. The cancellation fee for a cancellation is twenty-five dollars ($25.00) or 10% of the refund amount, whichever is less. If WE cancel this AGREEMENT, WE remain liable for any COVERED MECHANICAL BREAKDOWN reported to US prior to the effective date of the cancellation. A MECHANICAL BREAKDOWN is deemed to have been reported once YOU have completed item #1 under CLAIMS PROCEDURES. Colorado, Illinois, Maine: The cancellation fee for a cancellation is twenty-five dollars ($25.00), not to exceed 10% of the TOTAL AGREEMENT SALE PRICE, whichever is less. Connecticut: Resolution of Disputes: Both parties to an extended warranty contract or agreement shall make reasonable efforts to resolve disputes over the terms of the warranty. In the event that the parties cannot reach agreement, the claimant may file a formal written complaint with the Consumer Affairs Division of the Insurance Department at: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0186, Attention: Consumer Affairs. Please include in YOUR correspondence a description of the dispute, the purchase price of the AGREEMENT, the cost of the claim that was filed on YOUR VEHICLE and a copy of this AGREEMENT. This AGREEMENT does not include in-home service. YOUR right to cancel includes cancellation if the PRODUCT is lost, stolen, sold or destroyed. Georgia: AUTHORIZED CLAIM AMOUNT (or) Claims Paid will not be deducted from any refund that is owed to YOU. Exclusion #14 is modified to read: MECHANICAL BREAKDOWN caused by alteration, modification or use of the IDENTIFIED PRODUCT not recommended by the manufacturer, subsequent to YOUR purchase of the Product. If YOU cancel this AGREEMENT YOU will receive ninety percent (90%) of the unearned pro-rata TOTAL AGREEMENT SALE PRICE. Under CANCELLATION BY US, # 3 through # 10 are deleted. CANCELLATION BY US is amended to include: If the Agreement has been in effect for less than sixty (60) days, and WE cancel the Agreement for non- payment, We will notify You in writing at Your last known address at least ten (10) days prior to the effective date of cancellation. If the Agreement has been in effect for sixty (60) days or more, and We cancel the Agreement for fraud or misrepresentation, We will notify You in writing at Your last known address at least thirty (30) days prior to the effective date of cancellation. Idaho: Coverage afforded under this AGREEMENT is not guaranteed by the Idaho Insurance Guarantee Association. Iowa: In the event YOU have any questions regarding YOUR AGREEMENT, YOU may contact the Iowa Insurance Commissioner at the following address: Iowa Insurance Department, 6th floor, ▇▇▇▇▇ State Office Building, Des Moines, Iowa 50319. If WE determine that used parts are to be utilized for a COVERED MECHANICAL BREAKDOWN, WE will obtain YOUR consent in writing before issuing a CLAIMS AUTHORIZATION NUMBER for said COVERED MECHANICAL BREAKDOWN. Louisiana - AUTHORIZED CLAIM AMOUNT (or) Claims Paid will not be deducted from any refund that is owed to YOU. Massachusetts: NOTICE TO CUSTOMER. THE COVERAGE YOU ARE BUYING IS NOT REQUIRED IN ORDER TO REGISTER OR FINANCE A VEHICLE. THE BENEFITS PROVIDED MAY DUPLICATE EXPRESS MANUFACTURER’S OR SELLER’S WARRANTIES WHICH ARE AVAILABLE TO YOU WITHOUT THIS CONTRACT. Minnesota statue 325F.662 requires that every used motor PRODUCT sold by a dealer is covered by an express warranty which the dealer shall provide to the customer. At a minimum, the express warranty applies to the following terms: (1) if the used motor PRODUCT has less than 36,000 miles, the warranty must remain in effect for at least 60 days or 2,500 miles, whichever comes first; (2) if the used PRODUCT has 36,000 miles or more, but less than 75,000 miles, the warranty must remain in effect for at least 30 days or 1,000 miles, whichever comes first. Some coverage afforded under the section titled: COVERAGES, may be covered by the express warranty and is covered by this AGREEMENT only after expiration of the express warranty.
Appears in 1 contract
Sources: Battery Service Contract
STATE-SPECIFIC AMENDMENTS. This AGREEMENT is amended to comply with the following state requirements: A ten percent (10%) penalty per month shall be added to a refund that is not paid within thirty (30) days in Arkansas, Hawaii, Iowa, Maryland, New Mexico, and New York or that is not paid within forty-five (45) days in Alabama, Alaska, Maine, Minnesota, Mississippi, Missouri, Nevada, New Jersey, South Carolina, Texas, Wisconsin and Wyoming of YOUR cancellation and return of this AGREEMENT to US. Alaska: Cancellation By Us section is amended to delete reasons: 5, 6, 8 and 9. The cancellation fee may not exceed 7.5% of the TOTAL AGREEMENT SALE PRICE. Arizona - CANCELLATION BY US is modified to read: Notwithstanding any of the forgoing provisions in this section, WE will not cancel or void YOUR AGREEMENT for any of the following reasons:
a. due to acts or omissions of the PROVIDER, its assignees, or subcontractors for their failure to provide correct information or their failure to perform the services or repairs provided in a timely, competent, workmanlike manner;
b. Pre-existing conditions;
c. Prior use or unlawful acts relating to the PRODUCT;
d. Misrepresentation by either the PROVIDER or its subcontractors;
e. Ineligibility for the program, including gray market, high performance, and GM diesel autos. A gray market vehicle (also known as an overseas vehicle) is an imported vehicle that has been brought into the United States with the intent to have the vehicle titled and registered in the United States. California: Performance to YOU under this AGREEMENT is guaranteed by a California approved insurance company. YOU may file a claim with the insurance company, Atlantic Specialty Insurance Company, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, if any promise made in the AGREEMENT has been denied or has not been honored within sixty (60) days after the date of YOUR request. If YOU are not satisfied with the insurance company’s response, YOU may contact the California Department of Insurance at 1▇-800- 927▇▇▇-4357; ▇▇▇-▇▇▇▇://; ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The FREE LOOK term is changed from thirty (30) days to sixty (60) days. The cancellation fee for a cancellation is twenty-five dollars ($25.00) or 10% of the refund amount, whichever is less. If WE cancel this AGREEMENT, WE remain liable for any COVERED MECHANICAL BREAKDOWN reported to US prior to the effective date of the cancellation. A MECHANICAL BREAKDOWN is deemed to have been reported once YOU have completed item #1 under CLAIMS PROCEDURES. Colorado, Illinois, Mississippi, Maine: The cancellation fee for a cancellation is twenty-five dollars ($25.00), not to exceed 10% of the TOTAL AGREEMENT SALE PRICE, whichever is less. Connecticut: Resolution of Disputes: Both parties to an extended warranty contract or agreement shall make reasonable efforts to resolve disputes over the terms of the warranty. In the event that the parties cannot reach agreement, the claimant may file a formal written complaint with the Consumer Affairs Division of the Insurance Department at: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0186, Attention: Consumer Affairs. Please include in YOUR correspondence a description of the dispute, the purchase price of the AGREEMENT, the cost of the claim that was filed on YOUR VEHICLE and a copy of this AGREEMENT. This AGREEMENT does not include in-home service. YOUR right to cancel includes cancellation if the PRODUCT is lost, stolen, sold or destroyed. Georgia: AUTHORIZED CLAIM AMOUNT (or) Claims Paid will not be deducted from any refund that is owed to YOU. Exclusion #14 is modified to read: MECHANICAL BREAKDOWN caused by alteration, modification or use of the IDENTIFIED PRODUCT not recommended by the manufacturer, subsequent to YOUR Your purchase of the Product. If YOU cancel this AGREEMENT YOU will receive ninety percent (90%) of the unearned pro-rata TOTAL AGREEMENT SALE PRICE. Under CANCELLATION BY US, # 3 through # 10 9 are deleted. CANCELLATION BY US is amended to include: If the Agreement has been in effect for less than sixty (60) days, and WE We cancel the Agreement for non- non-payment, We will notify You in writing at Your last known address at least ten (10) days prior to the effective date of cancellation. If the Agreement has been in effect for sixty (60) days or more, and We cancel the Agreement for fraud or misrepresentation, We will notify You in writing at Your last known address at least thirty (30) days prior to the effective date of cancellation. Idaho: Coverage afforded under this AGREEMENT is not guaranteed by the Idaho Insurance Guarantee Association. Iowa: In the event YOU have any questions regarding YOUR AGREEMENT, YOU may contact the Iowa Insurance Commissioner at the following address: Iowa Insurance Department, 6th floor, ▇▇▇▇▇ State Office Building, Des Moines, Iowa 50319. If WE determine that used parts are to be utilized for a COVERED MECHANICAL BREAKDOWN, WE will obtain YOUR consent in writing before issuing a CLAIMS AUTHORIZATION NUMBER for said COVERED MECHANICAL BREAKDOWN. Louisiana - AUTHORIZED CLAIM AMOUNT (or) Claims Paid will not be deducted from any refund that is owed to YOU. Massachusetts: NOTICE TO CUSTOMER. THE COVERAGE YOU ARE BUYING IS NOT REQUIRED IN ORDER TO REGISTER OR FINANCE A VEHICLE. THE BENEFITS PROVIDED MAY DUPLICATE EXPRESS MANUFACTURER’S OR SELLER’S WARRANTIES WHICH ARE AVAILABLE TO YOU WITHOUT THIS CONTRACT. Minnesota statue 325F.662 requires that every used motor PRODUCT sold by a dealer is covered by an express warranty which the dealer shall provide to the customer. At a minimum, the express warranty applies to the following terms: (1) if the used motor PRODUCT has less than 36,000 miles, the warranty must remain in effect for at least 60 days or 2,500 miles, whichever comes first; (2) if the used PRODUCT has 36,000 miles or more, but less than 75,000 miles, the warranty must remain in effect for at least 30 days or 1,000 miles, whichever comes first. Some coverage afforded under the section titled: COVERAGES, may be covered by the express warranty and is covered by this AGREEMENT only after expiration of the express warranty.
Appears in 1 contract
Sources: Aftercare Tire and Wheel Agreement