Exceptional Neglect definition

Exceptional Neglect means (a) when the vehicle clearly evidences a lack of maintenance or care for a significant period of time of not less than one (1) year, such that the vehicle appears dilapidated, abandoned, and/or beyond repair unless such lack of maintenance was due to a Loss Event; or (b) failure of a Settlement Class member to have the KSDS (“Knock Sensor Detection Software”) installed pursuant to the KSDS Product Improvement Campaign by a Hyundai or Kia dealer within 60 days of the Notice Date, or within 60 days of the mailing of the KSDS campaign notice, whichever is later. Diagnostic costs associated with establishing Exceptional Neglect will be borne by Defendants.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Exceptional Neglect means (a) when the vehicle clearly evidences a lack of maintenance or care, such that the vehicle appears dilapidated, abandoned, and/or beyond repair as a result of gross failure to service and/or maintain the vehicle; (b) failure of a Settlement Class Member to present a Class Vehicle to an authorized Kia dealer (for Kia Class Vehicles) or an authorized Hyundai dealer (for Hyundai Class Vehicles) to have the ABS Module in their Class Vehicle inspected within ninety (90) days of the Class Vehicle’s ABS or ESC dashboard warning lights becoming illuminated; or (c) failure of a Settlement Class Member to present a Class Vehicle to an authorized Kia dealer (for Kia Class Vehicles) or an authorized Hyundai dealer (for Hyundai Class Vehicles) to have the ABS Module in their Class Vehicle inspected, repaired, and/or replaced pursuant to an applicable NHTSA Recall within ninety (90) days of: (i) the Notice Date, (ii) the mailing of the recall campaign notice, or (iii) the availability of the parts necessary to repair the Class Vehicle’s ABS Module pursuant to the recall at the nearest authorized Kia dealer (for Kia Class Vehicles) or authorized Hyundai dealer (for Hyundai Class Vehicles), whichever is later.

Exceptional Neglect means: (a) when the vehicle clearly evidences a lack of maintenance or care, such that the vehicle appears dilapidated, abandoned, and/or

Examples of Exceptional Neglect in a sentence

Upon request, HMA (for Hyundai Class members) and KMA (for Kia Class members) will reasonably promptly furnish a list of all such cases of Exceptional Neglect, if any, to Class Counsel.
A Claimant’s maintenance history or lack thereof before the repair diagnosis (except limited Exceptional Neglect circumstances), shall not be a basis for denying or limiting compensation under this section.
No Lifetime Warranty inspections or repairs shall be denied for a Class Vehicle on the grounds that the Qualifying Repair was necessitated by the owner or lessor failing to properly service or maintain the vehicle, except in instances of Exceptional Neglect.
Upon challenge by HMA that a Class Vehicle has suffered Exceptional Neglect, the Settlement Class Member will be required to furnish maintenance records sufficient to demonstrate the time and mileage between oil changes.
The vehicle’s maintenance history or lack thereof before the repair diagnosis will not be a basis for denying or limiting compensation under this section (excepting limited Exceptional Neglect circumstances).
When Exceptional Neglect is evident in a Hyundai Class Vehicle or Kia Class Vehicle, HMA and KA may request vehicle maintenance records as part of their inquiry relating to Exceptional Neglect of a Class Vehicle.
Class members are suggested to retain all vehicle maintenance records after the Notice Date, and if Hyundai or Kia believe there to be Exceptional Neglect, such class members may be required to provide records for vehicle maintenance performed after the Notice Date to receive Lifetime Warranty repairs.
Reimbursements shall be provided to Settlement Class Members even if warranty coverage was initially denied for the Qualifying Repair on the grounds that it was necessitated by a failure to properly service or maintain the vehicle and provided that the Qualifying Repair was not necessitated by Exceptional Neglect described herein.
With the exception of cases of Exceptional Neglect (defined below) and subject to the existing terms, limitations, and condition of the Class Vehicles’ original Powertrain Warranty, the warranty extension shall otherwise endure irrespective of the Class Vehicle’s mileage, duration of ownership, or prior engine repairs under warranty and/or warranty replacements.
The extended warranties described herein shall not apply in cases of Exceptional Neglect.

More Definitions of Exceptional Neglect

Exceptional Neglect means a failure to change the engine oil of a Class Vehicle for at least 365 consecutive days or 15,000 miles. Upon a good faith challenge by HMA that a Class Vehicle has suffered Exceptional Neglect, the Settlement Class Member will be required to furnish maintenance records sufficient to demonstrate the time and mileage between oil changes. HMA acknowledges an intent to seek such maintenance records only in those cases of suspected engine neglect.