Common use of Washington Clause in Contracts

Washington. CANCELLATION, C., 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 Dealer/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 Dealer/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 Vehicle 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 Dealer/Seller receive notice of cancellation from the Agreement Holder. In the event of cancellation, the lienholder identified on the Schedule Page, if any, will be named on a cancellation refund check as its interest may appear. If the Vehicle and this Agreement have been financed, the lienholder shown on the Schedule Page may cancel this Agreement for non-payment or if the Vehicle 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.

Washington. CANCELLATION, C., The Cancellation section of this Agreement is deleted replaced in its entirety and replaced with by the following: How If this Agreement is cancelled by the Agreement Holder within thirty (30) days from the Effective Date, and no claim has been made, the Agreement Holder will receive a refund of the full purchase price of the Agreement. If this Agreement is cancelled by the Agreement Holder within thirty (30) days from the Effective Date, and a claim has been made, the Agreement Holder will receive a refund of the full purchase price less a cancellation fee of twenty five dollars ($25) and the amount of any claims paid or payable. If the Agreement Holder cancels this Agreement after the first thirty (30) days, the Agreement Holder will be refunded on a prorated basis, less a cancellation fee of twenty five dollars ($25) and the amount of any claims paid or payable. The refund will be payable to You May Cancel or the Lienholder, where applicable. To initiate the cancellation process, the Agreement Holder must contact the Selling Dealer or the Administrator. The Administrator will refund to You the purchase price of the contract within thirty (30) days after the contract has been returned to them. If the Administrator does not refund the purchase price within thirty(30) days, they will pay a penalty of ten percent (10%) of the purchase price for each thirty (30) day period that the refund remains unpaid. The Administrator may cancel this service contract within the first sixty (60) days by mailing written notice of cancellation to You at the last known address in their records. Notice will be mailed before the twenty first (21st) day preceding the effective date of the cancellation. The cancellation notice will state the effective date and reason for cancellation. If the Administrator initiates the cancellation, no cancellation fee will apply. After the first sixty (60) days, the Agreement may not be cancelled by the Administrator. Obligations of the service contract provider under this service contract are insured under a service contract reimbursement insurance policy. You are entitled to make a direct claim against the insurance company. This AgreementAgreement is guaranteed by policy number WIC-NSD-VSC-WA-071510 issued by Wesco Insurance Company located at 00 Xxxxxx Xxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000; (866) 505-4048. WA Only, Customer Initials: WISCONSIN The Cancellation section of this Agreement is replaced in its entirety by the following: You may cancel this Agreement by surrendering Your copy of this Agreement with mailing written notice to the Dealer/Seller Selling Dealer or directly to Us. Written notice shall contain an odometer statement indicating the odometer reading at the date of the request of cancellationAdministrator. If You cancel this the Agreement is cancelled within the first thirty (30) days and no claims have been filedof the Effective Date You will be refunded one hundred percent (100%) of the full purchase price of the Agreement. If You cancel this Agreement after the first thirty (30) days, We will the Administrator shall refund the entire premium for this Agreement Purchase Priceon a prorated basis. A The Agreement may be cancelled by the Administrator within the first seventy (70) days. In the event of cancellation after seventy (70) days, the Administrator may only cancel this Agreement if they discover one of the following: 1) fraud or material misrepresentation by You; 2) failure by You to pay an amount when due; or 3) act or omission by You, which occurred after the effective date of this Agreement and which substantially and materially increases the service required under this Agreement. If the Administrator cancels the Agreement, the return premium will be one hundred percent (100%) of the full purchase price of the Agreement. Cancellation will not become effective until fifteen (15) days after the Administrator mails You a notice of cancellation to Your last known address. The Administrator will pay a ten percent (10%) penalty shall be added per month to any refund that is not paid or credited to You within thirty forty five (3045) days after the return of this Agreement to the Dealer/Seller or to UsAgreement. If Whether this Agreement is canceled after cancelled by You or by the first thirty (30) days or a claim has been filedAdministrator, We no cancellation fees 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 Vehicle was driven prior to cancellation, less a cancellation fee of twenty-five dollars ($25). Claims paid will not be deducted from Your cancellation refund amountany returned premiums. If a refund is owed, the refund will be paid or credited within thirty (30) days from the date the Obligor or Dealer/Seller receive notice of cancellation from the Agreement HolderTHIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. In the event of cancellation, the lienholder identified on the Schedule Page, if any, will be named on a cancellation refund check as its interest may appear. If the Vehicle and this Agreement have been financed, the lienholder shown on the Schedule Page may cancel this Agreement for non-payment or if the Vehicle is declared a total loss or is repossessed. This right of cancellation does not confer ownership The Arbitration section of this Agreement to the lienholder or otherwise entitle the lienholder to performance under this Agreement.is not applicable

Washington. E. CANCELLATION, C.Item 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 Dealer/Seller or directly to Us. Written notice shall contain an odometer statement indicating the odometer reading at the date of the request of for 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 Dealer/Seller Administrator 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 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 Vehicle 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 Dealer/Seller receive notice of cancellation from the Agreement Holder. In the event of cancellation, the lienholder identified on the Schedule Page, if any, will be named on a cancellation refund check as its interest may appear. If the Vehicle and this Agreement have been financed, the lienholder shown on the Schedule Page may cancel this Agreement for non-payment or if the Vehicle 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. The Administrator section is deleted in its entirety and replaced with the following: Our Right To Cancel This Agreement: We may cancel this Agreement based on one or more of the following reasons: (1) non-payment of the Agreement Purchase Price; (2) a material misrepresentation made by You; or (3) a substantial breach of duties by You under the Agreement relating to the Vehicle or its use. If this Agreement is canceled by Us within thirty (30) days of the Agreement Purchase Date, a full refund of the total Agreement Purchase Price will be issued. If this Agreement is cancelled by Us after thirty (30) days, 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 will be issued. In the event of cancellation, the lienholder identified on the Schedule Page, if any, will be named on a cancellation refund check as its interest may appear. Written notice of such cancellation shall include the actual reason for cancellation and shall be mailed or delivered to You not less than ten (10) days prior to the effective date of cancellation, where such cancellation is for non-payment of the Agreement Purchase Price, or not less than forty-five (45) days prior to the effective date of cancellation, where such cancellation is for any other reason. We have only sixty (60) days from the date of the sale of the Agreement to the Agreement Holder to determine whether or not the Vehicle qualifies for the program. Except as set forth above, after sixty (60) days the Vehicle qualifies for the issued Agreement and the Obligor may not cancel the Agreement and is fully obligated under the terms of the Agreement sold to the Agreement Holder. If We cancels this Agreement and a refund is owed, the refund will be paid or credited within thirty (30) days from the effective date of the cancellation. SAMPLE Our performance under this Agreement is insured by an insurance policy issued to Us by the insurance company listed in G. OBLIGATIONS (Policy No. IDG-WA). If You cancel this Agreement, You may apply for a refund with the insurance company. You may make a claim directly to insurance company for payment or performance due. The warranty of merchantability on the Vehicle is not waived if the Agreement was purchased within ninety (90) days of the purchase date of the Vehicle, and the provider or service contract seller also sold the covered Vehicle. The state of Washington is the jurisdiction for any civil action in connection with this Agreement. The Warranty of merchantability on the Vehicle is not waived if the Agreement was purchased within ninety (90) days of the purchase date of the Vehicle, and the provider or the service contract seller also sold the covered Vehicle. If You are in need of emergency repairs and are unable to contact Us for prior authorization, then You may take Your Vehicle 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 AGREEMENT AND CLASS ACTION WAIVER section is amended to add the following: 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 closest proximity to the service Agreement Holder’s permanent residence.

Washington. CANCELLATION, C., The Cancellation section of this Agreement is deleted replaced in its entirety and replaced with by the following: How If this Agreement is cancelled by the Agreement Holder within thirty (30) days from the Effective Date, and no claim has been made, the Agreement Holder will receive a refund of the full purchase price of the Agreement. If this Agreement is cancelled by the Agreement Holder within thirty (30) days from the Effective Date, and a claim has been made, the Agreement Holder will receive a refund of the full purchase price less a cancellation fee of twenty five dollars ($25) and the amount of any claims paid or payable. If the Agreement Holder cancels this Agreement after the first thirty (30) days, the Agreement Holder will be refunded by the Provider on a prorated basis, less a cancellation fee of twenty five dollars ($25) and the amount of any claims paid or payable. The Refund will be payable to You May Cancel or the Lienholder, where applicable. To initiate the cancellation process, the Agreement Holder must contact the Provider or the Administrator. The Administrator will refund to You the purchase price of the contract within thirty (30) days after the contract has been returned to them. If the Administrator does not refund the purchase price within thirty(30) days, they will pay a penalty of ten percent (10%) of the purchase price for each thirty (30) day period that the refund remains unpaid. The Administrator may cancel this service contract within the first sixty (60) days by mailing written notice of cancellation to You at the last known address in their records. Notice will be mailed before the fifteenth (15th) day preceding the effective date of the cancellation. The cancellation notice will state the effective date and reason for cancellation. If the Administrator initiates the cancellation, no cancellation fee will apply. After the first sixty (60) days, the Agreement may not be cancelled by the Administrator. Obligations of the service contract provider under this service contract are insured under a service contract reimbursement insurance policy. You are entitled to make a direct claim against the insurance company. This AgreementAgreement is guaranteed by policy number WIC-NSD-VSC- WA-071510 issued by Wesco Insurance Company located at 00 Xxxxxx Xxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000; (000) 000-0000. Customer Initials: WISCONSIN The Cancellation section of this Agreement is replaced in its entirety by the following: You may cancel this Agreement by surrendering Your copy of this Agreement with mailing written notice to the Dealer/Seller Provider or directly to Us. Written notice shall contain an odometer statement indicating the odometer reading at the date of the request of cancellationAdministrator. If You cancel this the Agreement is cancelled within the first thirty (30) days of the Effective Date, and no claim has been made, You will be refunded one hundred percent (100%) of the full purchase price of the Agreement. If the Agreement is cancelled within the first thirty (30) days of the Effective Date, and a claim has been made, You will be refunded the full purchase price of the Agreement less the amount of any claims have been filedpaid or payable. If You cancel this Agreement after the first thirty (30) days, We will the Administrator shall refund the entire premium for this Agreement Purchase Priceon a prorated basis less the amount of any claims paid or payable. A The Agreement may be cancelled by the Administrator within the first seventy (70) days. In the event of cancellation after seventy (70) days, the Administrator may only cancel this Agreement if they discover one of the following: 1) fraud or material misrepresentation by You; 2) failure by You to pay an amount when due; or 3) act or omission by You, which occurred after the effective date of this Agreement and which substantially and materially increases the service required under this Agreement. If the Administrator cancels the Agreement, the return premium will be one hundred percent (100%) of the full purchase price of the Agreement. Cancellation will not become effective until fifteen (15) days after the Administrator mails You a notice of cancellation to Your last known address. The Administrator will pay a ten percent (10%) penalty shall be added per month to any refund that is not paid or credited to You within thirty forty five (3045) days after the return of this Agreement to the Dealer/Seller or to UsAgreement. If Whether this Agreement is canceled after cancelled by You or by the first thirty (30) days or a claim has been filedAdministrator, We no cancellation fees 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 Vehicle was driven prior to cancellation, less a cancellation fee of twenty-five dollars ($25). Claims paid will not be deducted from Your cancellation refund amountany returned premiums. If a refund is owed, the refund will be paid or credited within thirty (30) days from the date the Obligor or Dealer/Seller receive notice of cancellation from the Agreement HolderTHIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. In the event of cancellation, the lienholder identified on the Schedule Page, if any, will be named on a cancellation refund check as its interest may appear. If the Vehicle and this Agreement have been financed, the lienholder shown on the Schedule Page may cancel this Agreement for non-payment or if the Vehicle is declared a total loss or is repossessed. This right of cancellation does not confer ownership The Arbitration section of this Agreement to the lienholder or otherwise entitle the lienholder to performance under this Agreementis not applicable.

Washington. CANCELLATIONWithin the DEFINITIONS section, C.the definition of Deductible is amended to add the following: If no deductible amount was shown on Your Purchase Confirmation, this Agreement does not have a deductible. COVERAGE PERIOD AND HOW TO CANCEL THIS AGREEMENT is amended as follows: If We cancel this Agreement, We shall provide written notice to You at the last known address held by Us at least twenty-one (21) days preceding the effective date of cancellation. The notice will state the effective date and the reason for the cancellation. HOW TO GET SERVICE is amended to add the following: Please Note: xxx.xxxxxx.xxx is available 24/7. Failure to report the claim may result in non-payment. EXCLUSIONS is amended to add the following – What is excluded from coverage is limited to that which is expressly stated under the EXCLUSIONS section of this Agreement. GUARANTY is amended to include the following: You are entitled to apply directly to Wesco Insurance Company, at 00 Xxxxxx Xxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 or 000-000-0000 for any refund, payment or performance due. WISCONSIN Within the DEFINITIONS section, the definition of Deductible is amended to add the following: If no deductible amount was shown on Your Purchase Confirmation, this Agreement does not have a deductible. The Agreement is amended to include the following: THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. COVERAGE PERIOD AND HOW TO CANCEL THIS AGREEMENT is amended as follows: If You request cancellation due to a total loss of Your Covered Product, which is not covered by a replacement under the terms of Your Agreement, the Administrator shall return one hundred percent (100%) of the unearned pro-rata Agreement Purchase Price paid less claims paid. We may only cancel this Agreement for material misrepresentation by You, nonpayment by You or a substantial breach of duties by You relating to the Covered Product or its use. If We cancel for any reason other than nonpayment, then We shall refund one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid. GUARANTY is deleted in its entirety and replaced with the following: How You May Cancel This Agreement: You may cancel Our obligations under this Agreement by surrendering Your copy are insured under a service contract reimbursement insurance policy. Should We fail to pay any claim within sixty (60) days after You provide proof of this Agreement with written notice to loss or, in the Dealer/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 event You cancel this Agreement within the first thirty (30) days and no claims have been filed, We will fail to refund the entire unearned portion of the 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 Dealer/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 Vehicle 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 Dealer/Seller receive notice of cancellation from the Agreement Holder. In the event of cancellation, the lienholder identified on the Schedule Page, if any, will be named on a cancellation refund check as its interest may appear. If the Vehicle and this Agreement have been financed, the lienholder shown on the Schedule Page may cancel this Agreement for non-payment or if the Vehicle is declared a total loss or is repossessed. This right of cancellation does not confer ownership of this Agreement to the lienholder Provider becomes insolvent or otherwise entitle financially impaired, You are entitled to make a direct claim against the lienholder to performance under this Agreementinsurer, Wesco Insurance Company, at 0-000-000-0000 or 00 Xxxxxx Xxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000.