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The below terms and conditions are a sample of the contract you will receive after purchasing a ZoomiCare plan.
1. INSURANCE STATEMENT:
An authorized insurance company guarantees performance to the Purchaser under this Service Contract.
If the benefits as described are not provided within sixty (60) days after You provide proof of loss covered by this Agreement, then You may file a Claim with the insurance company. The name and address of the insurance company is: Insert Insurance Company Info Here.
2. DEFINITIONS
Throughout this Vehicle Service Contract, certain words and phrases are used that have specified meanings and appear in this Service Contract. Their definitions are listed below:
Activation Period, Waiting Period: Means ten (10) days from the original Contract Activation Date in which You can review this Contract.
Actual Cash Value (ACV): Means the “average trade-in” value for the Vehicle, adjusted for mileage as shown in the then-current N.A.D.A. Official Used Car Guide.
Administrator: Refers to Dimension Service Corporation, [5500 Frantz Road, Suite 120, Dublin, Ohio 43017], [(833) 653-6610].
Aggregate Limit of Liability: Means the maximum amount of benefits allowed during all Renewed Terms.
Breakdown, Failure: Refers to the inability or failure of any Covered Part to perform the function for which the manufacturer intended it through the normal use of Your Vehicle.
Contract, Service Contract, Vehicle Service Contract: Refers to this Vehicle Service Contract You have purchased from the Seller to protect Your Vehicle.
Contract Activation Date: Means the initial date of Contract purchase by You. A [TEN (10)] DAY AND [ZERO (0)] MILE ACTIVATION PERIOD BEGINS ON THIS DATE, DURING WHICH NO CLAIMS MAY BE FILED.
Contract Activation Mileage: Means the current odometer on the sales date of the contract
Contract Activation Payment: Means the payment received by the Administrator to activate Contract coverage.
Contract Renewal Date, Renewal Date: Means the date on which the Contract Renewal Payment is due and the Contract renewed for an additional thirty (30) day Contract Renewal Term.
Contract Renewal Payment, Renewal Payment: Means the amount due to your Seller to process the renewal of Your Contract. This amount is subject to change, but You will be provided sixty (60) days notice in advance of any changes.
Contract Renewal Term, Renewal Term: Means a period of thirty (30) days after the original Activation Period or the previous Renewal Term beginning from Renewal Date and upon receipt of Renewal Payment. There is no waiting or activation period for a Renewal Term.
Covered Part(s): Refers to the mechanical or electrical components described under the What is Covered By This Contract section as contained in this Service Contract which are original parts on Your Vehicle at the time of its purchase by You or like replacement parts meeting the manufacturer’s specifications.
Declaration Page: Means the document attached to and that forms part of this Vehicle Service Contract. It lists information regarding You, Your Vehicle, the coverage selected, and other vital information.
Deductible: Means the amount You must pay, as shown on the Declaration Page, per repair visit in the event of a Breakdown.
Deductible: Means the amount You must pay, as shown on the Declaration Page, per repair visit in the event of a Breakdown.
Emergency Repairs – Emergency repairs occur when our offices are closed and only for those repairs, which, if not performed, would render your vehicle inoperable or unsafe to drive and impair its future operation.
Named Component Coverage: Refers to the coverage afforded by this Contract. Only the parts and/or components specifically listed are covered.
Repair Facility: Refers to the Repair Facility that is, has, or will be performing repairs to Your Vehicle. Such facility must be licensed and/or approved by the state to perform automotive repairs. Such facility must work within labor rates and times as approved by the Administrator. Such facility must have a tax identification number, where required, and be capable of performing the needed repairs to Your Vehicle.
Seller: Refers to the entity from whom You purchased this Contract.
Vehicle: Refers to the Vehicle covered by this Contract as described on the Declaration Page of this Contract.
We, Us, Our, Provider: Refers to National Administrative Service Co., LLC (5500 Frantz Road, Suite 120, Dublin, Ohio 43017, (833) 582-1724), the entity that is obligated to perform under this Contract.
You, Your, His/Her, Contract Holder: Refers to the person named on this Contract as the purchaser of this Contract.
3. General Provisions
This Service Contract is between You and Us and is subject to all the terms and conditions contained herein:
Service Contract Coverage Period
This Contract shall be in effect as of the date the Contract was purchased from the Seller, provided this Contract is accepted by Us and shall continue in effect until canceled, terminated, non-renewed, voided, or the Limit of Liability has been reached. UPON CONTRACT PURCHASE, THERE IS A [TEN (10)] DAY AND [ZERO (0)] MILE ACTIVATION PERIOD BEFORE COVERAGE BEGINS. Any Breakdown which occurs during the activation period will not be covered.
We reserve the right to refuse, cancel, terminate or void any Contract that does not meet Our underwriting guidelines, is submitted with insufficient payment or if You make a material misrepresentation in obtaining this Contract or in submitting a claim. We further reserve the right to not renew Your Contract at any time for any reason. If We choose to do so, You will be given thirty (30) days notice in advance of non renewal. Payments scheduled after the non-renewal date will not be processed, or if already processed, will be refunded immediately.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
Coverage Provided
We will reimburse You or a Licensed Repair Facility for the costs to repair or replace Covered Parts that fail due to a Breakdown, less any applicable Deductible, provided You have met Your obligations as stated in this Contract (see How to File a Claim and Your Responsibilities for Service and Maintenance), and if the repair is not excluded under What Is Not Covered By This Contract.
At Our sole discretion, replacement parts authorized may be aftermarket, remanufactured, or of like-kind quality including used parts. Additionally, the Administrator reserves the right to determine acceptable parts costs in its sole discretion. Labor time for any repair shall be determined by the then-current All-Data labor guide, regardless of the labor time manual utilized by the Repair Facility. In determining Our cost, the labor rate per hour shall not exceed the average local labor rate charged within the zip code of the Repair Facility, as indicated in the Administrator’s database of Repair Facilities.
Deductible: In the event of a Breakdown covered by this Service Contract, you are required to pay a Deductible, as shown on the Declaration Page, per repair for covered Breakdowns.
Renewal Process: Upon acceptance by Us of the Renewal Payment upon each Renewal Date, this Contract will renew monthly for a subsequent thirty (30) day Renewal Term. All coverage will cease if the Aggregate Limit of Liability has been reached or upon non-renewal of Your Contract by You at any time (this may include a failure to collect the Renewal Payment due to any reason, either voluntary or involuntary). The Seller will attempt to process each Renewal Payment no later than ten (10) calendar days prior to the scheduled Renewal Date to allow time for notification and/or update to Your payment information on file to be processed. If the Administrator receives the Renewal Payment on or before the Renewal Date, Renewal Term will be in effect; otherwise, the Contract will terminate at the end of the current Renewal Term. To avoid a lapse in coverage, it is Your responsibility to ensure that the Seller has Your correct account and billing information at all times. Coverage must continue without any lapse in payment, or this Contract will not renew, and all coverage will cease. If coverage is terminated or not renewed, We will not reinstate Your coverage.
TERRITORY This Service Contract applies only to Mechanical Breakdowns in the United States or Canada.
LIMITS OF LIABILITY
1. Per Incident: Liability shall be limited to the reasonable price for repair or replacement of any covered part, not to exceed the manufacturer’s suggested retail price. The reasonable price is based upon nationally recognized flat rate and/or factory manuals. In no event will the liability for each Mechanical Breakdown covered under this Service Contract exceed the Wholesale trade-in allowance of Your Vehicle established by the current NADA Official Used Car Guide at the time of Mechanical Breakdown.
2. Aggregate limit for vehicles with less than 245,000 miles on the odometer at the time of breakdown: The aggregate limit of liability of all benefits payable for all renewed terms shall never exceed the Actual Cash Value (ACV) of Your Vehicle or [Fifty Thousand Dollars ($50,000)], whichever amount is less.
3. Aggregate limit for vehicles with 245,000 miles or more on the odometer at the time of breakdown: The aggregate limit of liability of all benefits payable for all renewed terms shall never exceed the Actual Cash Value (ACV) of Your Vehicle or [Ten Thousand Dollars ($10,000)], whichever amount is less. Unless You cancel under the provisions outlined in this Contract, services provided under this Contract will terminate when You sell Your Vehicle, and no further Claims can be made against Us.
Once the maximum limit of liability has been reached, this Service Contract and its cancellation rights terminate, and no further Claims can be made against Us. We will not be liable to You for consequential damages or injuries, nor for any costs or expenses that provide betterment, upgrade, or enhancement to Your Vehicle. This limit of liability applies regardless of the cause and regardless of the legal theory asserted. There are no warranties that extend beyond the description on the face hereof. The warranties of merchantability and fitness for a particular purpose are expressly excluded and disclaimed.
Right of Removal: In the event of any dispute between Us and the Licensed Repair Facility, we shall have the right, with Your permission, to move the Vehicle to a Licensed Repair Facility of Our choice.
Subrogation In the event that Coverage is provided under this Service Contract, We shall be subrogated to all the rights. You may have to recover against any person or organization arising out of any safety defect which is the subject of a voluntary or mandatory recall campaign, as well as out of any order, judgment, consent decree, or other settlement. You shall execute and deliver instruments and papers and do whatever is necessary to secure such rights. You shall do nothing to prejudice those rights. Further, all amounts recovered by You for which You have received benefits under this Service Contract shall belong to, and be paid to Us, up to the amount of benefits paid under this Service Contract.
OTHER SERVICE CONTRACTS, WARRANTIES, OR INSURANCE POLICIES The term of this Contract may include a portion of the manufacturer’s warranty issued to the original purchaser of the Vehicle. Coverage under this Contract is secondary to, and does not replace, the manufacturer’s warranty but may provide certain additional benefits during the term of the manufacturer’s warranty. If more than one service contract, warranty, or insurance policy can be applied to a Breakdown, coverage under this Contract shall be in excess over all other coverage, whether valid or collectible, except for benefits that may be applicable under ADDITIONAL GENERAL PROTECTION AND OTHER BENEFITS of this Contract
WHAT IS COVERED
If Your Vehicle has fewer than [two hundred forty-five thousand (245,000)] odometer miles at the time of Breakdown, We will pay or reimburse You for authorized charges to repair or replace any Breakdown of any component specifically listed below, less any Deductible shown in the Service Contract Information section of the Declaration Page. Replacement parts may be New, Remanufactured or of Like Kind and Quality (LKQ) at the sole discretion of the Administrator. Labor will be verified by one of the following nationally recognized labor guides: Mitchell and All Data.
All Claims Must Be Authorized By Us Prior to Repairs Being Started.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
ANY PART OR COMPONENT THAT IS NOT SPECIFICALLY LISTED BELOW WILL NOT BE COVERED BY THIS SERVICE CONTRACT:
1. Gasoline/Diesel Engine: All internally lubricated parts including: pistons, piston rings and pins, crankshaft and main bearings, connecting rods and rod bearings, camshaft and bearings, pushrods, rocker arms, valves, valve springs, seats and guides, lifters, followers, oil pump, timing chain, timing belt, Timing gear, Harmonic balancer. Valve cover(s), vacuum pump, engine mount(s). Cylinder Block and Cylinder Head(s) is Covered Only if Damaged by Internally Lubricated Covered Part. Timing Cover and Engine Oil Pan is Covered Only if Damaged by Internally Lubricated Covered Part.
2. Transmission / Transaxle: All internally lubricated parts contained within the manual or automatic transmission housing, including oil pump, drums, planetary, sun gear and shell, shafts, bearings, side gears, carrier, pinion gear, ring gear, Viscous Coupling, Vacuum Modulator, Internal Linkage, Transmission Mount(s), shift rails, synchronizers, and torque converter. Transmission/Transaxle Case is covered only if damaged by an internally lubricated Covered Part. Damage resulting from failures by related parts or units such as, but not limited to: friction parts, such as clutches of any kind, levers, controls, linkage, cables, radiator, coolers, external or internal metal or rubber lines or hoses are Not Covered.
3. Transfer Case: All internally lubricated parts contained within the Transfer Case. Transfer case Housing is covered only if damaged by an internally lubricated Covered Part.
4. Drive Axle: Constant Velocity axle(s), Universal Joints, Yokes, Constant Velocity Boot(s), Constant Velocity Joint(s), Drive Shaft Center Bearings and Supports, Propeller Shaft(s) and Locking Hub Mechanisms.
5. Differential: All internally lubricated parts contained within the differential housing. Differential Housing is covered only if damaged by Internally Lubricated Covered Part.
6. Fuel: Mechanical Fuel Pump, In Tank (Gas) Fuel, Pump, Main (Diesel) Fuel Pump, Metal Fuel Delivery Lines, and Fuel Tank.
7. Turbo Charger/Supercharger: Internal lubricated parts including waste-gate, vanes, shafts and bearing. Turbo Charger / Super Charger Housing is covered only if damaged by an Internally Lubricated covered part.
ONCE YOUR VEHICLE’S ODOMETER HAS REACHED [245,000] MILES, THE NAMED COMPONENT COVERAGE ABOVE EXPIRES.
If Your Vehicle’s odometer had reached [two hundred forty-five thousand and one (245,001)] at the time of Breakdown, the following components are covered by this Service Contract. Any component not specifically listed in this Named Component Coverage is not covered.
[ENGINE ONLY] NAMED COMPONENT COVERAGE
GASOLINE or DIESEL ENGINE – All internally lubricated components, including pistons, piston rings and pins, crankshaft and main bearings, connecting rods and rod bearings, camshaft and bearings, timing chain and gear, intake and exhaust valves; valve springs; guides; oil pump; push rods; rocker arms; hydraulic lifters and rocker arm shafts. The engine block and cylinder heads are covered if damaged by an internally lubricated part specified above.
ADDITIONAL GENERAL PROTECTION AND OTHER BENEFITS
Additional Benefits are included with all plans. No deductible will apply to any of the Additional Benefits.
Alternate Transportation Reimbursement:
In the event of a Breakdown covered by this Contract, We will pay or reimburse You for receipted expenses to rent a replacement vehicle (from a licensed rental agency) or for rideshare expenses from an authorized rideshare company (Uber, Lyft) while Your Vehicle is at a Repair Facility. Coverage will be provided to You up to a maximum of [forty dollars ($40)] for every [eight (8)] hours or portion thereof of approved labor time to complete the covered repair with a [five (5)] day maximum, not to exceed [two hundred dollars ($200)]. You must submit receipts to the Administrator for reimbursement. Rideshare receipts must be in the general vicinity of the Repair Facility and include the date of the trip(s) and the cost of the rideshare. This coverage does not apply to service or parts delays or other time delays beyond Our control or that of the Repair Facility.
Towing Benefit:
In the event of a Breakdown covered by this Service Contract, We will pay or reimburse You for receipted towing expenses up to [one hundred dollars ($100)] per occurrence. Any payment made shall be for actual towing charges in excess of any applicable reimbursement from the manufacturer or any other towing coverage.
INELIGIBLE VEHICLES
The following vehicles are ineligible under this Contract:
1. Any vehicle that is older than the current calendar year minus twenty (20) years or the Current Odometer Reading shown on the Declaration Page of this Contract exceeds two hundred thousand (200,000) miles at the time of Contract purchase.
2. Any imported vehicle that does not meet U.S. federal motor vehicle standards.
3. Any vehicle with the following characteristics: dump bed, incomplete vehicles, or vehicles with special bodies designed for commercial use.
4. Any vehicle equipped with a snowplow or suspension/tire modification.
5. Any vehicle that has powertrain modifications or performance-enhancing add-on parts.
6. Any vehicle that is or will be used/equipped or identified as: competitive driving or racing, driven at an excessive speed on a racetrack, vehicles used for municipal or professional emergency or police services, taxi, or vehicles used for hire to the public or to transport people for hire.
7. Any vehicle that was reconstructed from salvage, declared a total loss, flood damaged, manufacturer buyback, declared a lemon, or if the original manufacturer’s warranty was voided for any reason.
WHAT IS NOT COVERED BY THIS SERVICE CONTRACT
1. This Service Contract excludes the following parts and services:
a. Any additional optional coverage, unless the optional coverage is selected and shown on your registration page, and the appropriate surcharge is paid.
b. Accessory drive belts, hoses and clamps, spark plugs and wires, clogged fuel injectors where a mechanical/electrical failure has not occurred, tires, wheels and wheel covers, wiper blades, standard transmission clutch parts (including pressure plate, clutch disc, pilot bearing, throw-out bearing, clutch engagement arm and pivot), steering wheel (except for integral electrical failures), batteries (either stand-alone or integral to a component), electric vehicle external charging stations, hybrid power packs, fuses, fusible links and circuit breakers, brake drums, rotors, pads and shoes, sub-frame, frame, frame bushings, retractable roof/convertible top, glass, lenses, light emitting assemblies (except for integral electrical failures), any individual light emitting device (i.e. bulbs of any type) that can be removed from an assembly, exhaust pipes, filters (except in conjunction with a covered repair), exhaust gas recirculation pipes/hoses and check valves, catalytic converter, conversion van appliances, door handles (except for integral electrical failures).
c. Loss of fuel, trim, upholstery, insulation, carpet, and paint, air or water leaks or wind noise, squeaks and rattles, jack and tool kit, wheel lugs and lug nuts, nuts, bolts, shop supplies, environmental waste charges or disposal fees, lost or missing parts, electronic diagnostic equipment fees, freight, vehicle body parts including but not limited to: bumpers, body panels, fasteners and mounts, moldings and outside ornamentation, bright metal parts, door stops, hinges, and weather stripping.
d. Any non-manufacturer installed parts, including but not limited to: turbochargers, superchargers, convertible tops, audio, navigation, and security systems.
e. Replacement of oil, lubricants, coolants, additives and/or other fluids, except in conjunction with the repair of a Covered Part. Replacement of A/C refrigerant and/or oil unless in conjunction with a leak resulting from the failure of a Covered Part.
f. The use of parts that improve the Vehicle beyond its condition immediately prior to the Breakdown.
g. Any service considered to be regular maintenance, or a service, labor, or adjustment operation completed to correct a complaint where a Covered Part has not failed.
h. For damage and/or breakdown caused by failure to replace leaking seals or gaskets in a timely manner. For damage and/or breakdown caused by the leaking or failure of any seal or gasket.
i. Suspension alignment (unless required in conjunction with the repair of a Breakdown).
j. Any part or repair that an Approved Repair Facility or manufacturer recommends or requires to be repaired, replaced, adjusted, or updated (including updating software or programming) in conjunction with a covered repair when a Breakdown of that part has not occurred. This includes modifications, replacement, or alteration of original systems necessitated by replacing an obsolete, superseded, redesigned, or unavailable part.
k. For voice recognition systems; perimeter warning systems or any part thereof; and infrared systems or any part thereof.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
2. This Service Contract excludes the following conditions:
a. Any Breakdown resulting from damage caused to a Covered Part by: impact or any other external force known or unknown, collision, bent or twisted parts, fire, terrorism, theft, vandalism, riot, explosion, restricted oil passages, rust or corrosion, salt, environmental damage, contamination, oxidation, carbon, sludge, varnish, damage caused when the engine exceeds the manufacturer’s maximum recommended operating temperature (as indicated by gauges, warning lights or audible warning sounds, warped or melted parts), lack of proper quality or quantity of fluids or lubricants, acts of nature including but not limited to lightning, earthquake, flood, windstorm, volcanic eruption, and freezing.
b. ANY PRE-EXISTING CONDITION WILL NOT BE COVERED. BREAKDOWNS THAT OCCUR DURING THE ACTIVATION PERIOD, OR BREAKDOWNS THAT WERE REPORTED AFTER THE EXPIRATION OF THIS CONTRACT.
c. Any repair(s) started without receiving prior authorization from Us, except for emergency repairs. (Please refer to the HOW TO FILE A CLAIM section.)
d. Any Breakdown caused by Your failure to follow the instructions in the YOUR RESPONSIBILITIES FOR SERVICE AND MAINTENANCE section or any Breakdown where maintenance records pertaining to a Breakdown have been requested by Us but cannot be produced or verified.
e. Any Breakdown caused by non-manufacturer alterations made to the Vehicle before or after the Contract Purchase Date. Alterations include but are not limited to: emissions equipment removal or modification, custom or add-on parts, trailer hitches, modification of powertrain components and/or their control systems, or offset rims.
f. Any loss if the Vehicle’s odometer has failed, been broken, disconnected, or altered, or if, for any reason, the Vehicle’s actual accumulated mileage cannot be determined.
g. Any charges or costs for inconvenience, loss of time, loss of income, commercial loss, or any other consequential losses or expenses not specifically covered by this Contract.
h. Any liability for consequential or incidental damage to property or injury or death of any person.
i. Any loss caused by faulty or negligent auto repair work, improper servicing, or installation of defective parts.
j. Any Breakdown if a manufacturer has announced its responsibility through any means, including but not limited to public recalls and special policies.
k. For any repair or replacement of any covered part if a failure of that part has not occurred, or repair or replacement of parts in connection with a covered repair when those parts are not necessary for the completion of the covered repair, or were not damaged by the failure of a covered part. Such repair or replacement is considered an improvement to your vehicle and is not covered by this service contract.
l. Any Breakdown covered by any limited warranty, manufacturer’s warranty, repairer’s guarantee, road club, or any other guarantee, warranty, or insurance policy, whether collectible or not.
m. The damage to a non-covered part resulting from the failure of a covered part, or damage of a covered part resulting from the failure of a non covered part.
n. For breakdowns that occur to your vehicle outside the United States of America or Canada.
o. For claims made if the service contract holder no longer owns the vehicle regardless of when the failure has occurred.
p. No coverage will be provided if your vehicle is used for business or commercial use such as but not limited to: rental, taxi, limousine or shuttle services, ride share enterprises, delivery, towing, road repair operations, construction, job site activities, hauling, police or emergency service, principally off-road use, racing or competitive driving, snow removal, route work, service or repair work, or any use involving regular multiple drivers.
q. No coverage will be provided for towing.
r. Road Service Benefit: the cost for fuel, labor to produce keys, replacement keys, and mechanical failure of locks or ignition system, any expenses not specifically mentioned as covered by this Contract, and any expenses that exceed Your benefit limit.
s. Rental Vehicle/Alternate Transportation: for expenses for fuel, insurance, tolls, GPS or similar equipment, or maintenance charges; for delays due to shop scheduling, and any expenses that exceed Your benefit limit.
t. For any breakdown resulting from an outside force including: road hazard, hail, water or flood, acts of God, salt, environmental damage, introduction of foreign objects, chemicals; contamination of fluids, fuels, coolants, or lubricants; any hazard insurable under standard physical damage insurance policies regardless of whether such insurance is in force. Damage resulting from coagulated coolants or oil sludge is not covered.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
3. This service contract excludes the following uses:
a. For any breakdown caused by the gradual reduction in operating performance due to normal wear and tear based on the age and mileage of the vehicle.
b. Any Breakdown resulting from neglect, abuse or misuse of the Vehicle, or failure to protect the Vehicle from further damage when any Breakdown has occurred, or if You have used the Vehicle in any manner not recommended by the manufacturer.
c. Any Breakdown caused by loading the Vehicle in any way beyond the limitations established by the manufacturer.
d. Any Breakdown resulting when the Vehicle is or will be used/equipped or identified as: driven on a racetrack, competitive driving or racing, taxi, or used for hire to the public or used to transport people for hire except for personal vehicles used by a single driver for on-demand ridesharing services (e.g., Uber, Lyft, etc.), vehicles used for municipal or professional emergency or police services.
HOW TO FILE A CLAIM
In the event of a Breakdown You must protect Your Vehicle from further damage. This may require You to stop the Vehicle (as is safe), turn off the engine, and/or have the Vehicle towed. Damage resulting from continued operation of an impaired Vehicle will be considered negligence and will result in denial of claim coverage.
You may take the Vehicle to any licensed Repair Facility, however, the Administrator reserves the right to select a different Repair Facility and/or move the Vehicle in the event that the Repair Facility selected by You charges for parts and labor in excess of amounts shown by All-Data flat rate labor guide, or does not meet the level of service necessary to insure proper repair of Your Vehicle.
You are required to authorize the Repair Facility to inspect and/or tear down Your Vehicle to determine the cause of the failure. You will be responsible for these charges if the failure is not covered under the terms of this Contract. If it is determined that the failure is covered, We will pay for the reasonable and customary cost of such tear-down and/or diagnosis. We will not review Your claim until You have authorized the inspection and/or tear down of Your Vehicle and the Repair Facility has provided Us the cause of Breakdown. We reserve the right to inspect Your Vehicle and service records prior to reviewing any claims for repairs.
You must ensure the Repair Facility calls the Administrator at [(833)-315-2146] prior to any work being performed on the Vehicle. The Administrator will ask the Repair Facility to supply the following information: a) Contract Holder’s Name, Address and Telephone Number; b) Year, Make and Model of the Vehicle; c) Vehicle Identification Number, License Plate Number and Current Odometer Mileage; d) Name, Address and Phone Number of the Repair Facility and Name of the Technician, e) Cause of Failure and the extent of damage, and f) A complete estimate of parts and labor time charges to repair the Breakdown. Authorization must be obtained from the Administrator prior to any repair.
If it is determined the failure is covered, the Administrator will confirm the cost of the repair and provide the Repair Facility with a claim authorization number. The repair cost that is approved by the Administrator is the maximum amount that will be paid for any covered repairs under the terms of this Contract. Any additional amount must receive prior approval from the Administrator. Payment will be made via direct billing, credit card, or reimbursement to You.
Once authorization is obtained and the repair has been completed, all repair orders and documentation must be signed by You and submitted to the Administrator within thirty (30) days from the date the repair to Your Vehicle was completed. All such documentation must show Our claim authorization number and be submitted to: Dimension Service Corporation, Attn: Claims, [5500 Frantz Road, Suite 120, Dublin, Ohio 43017].
You are responsible for the payment of the Deductible for each visit to the Repair Facility. If a Breakdown requires more than one (1) visit to repair, only one (1) Deductible applies to the original failure for which a claim was filed. Once a part is repaired or replaced under the terms of this contract, any Deductible amount for future repairs to that part will be waived. Present a copy of this document to the Repair Facility prior to proceeding with repairs.
Any claims made after the expiration of this Contract will be denied without regard to the date of the failure.
A Breakdown which renders the Vehicle inoperable or unsafe to operate for transportation purposes may occur when Our offices are closed. You may, at Your discretion, authorize the necessary emergency repairs. If any option of the repair carries over into Our normal business hours, You must have the repair facility stop working on the Vehicle and contact Us as soon as We are open for business. You are responsible for all expenses and repair costs if it is determined that the failure or the Breakdown does not qualify as an emergency repair as defined by this Contract. If it is determined that the repair is to be covered by this Service Contract, You will be reimbursed for the repair. Reimbursement is based on the Manufacturer’s Suggested Repair Price for Parts and the labor is based on a nationally recognized labor manual.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
YOUR RESPONSIBILITIES FOR SERVICE AND MAINTENANCE
Because this Vehicle Service Contract is not sold in conjunction with the purchase of the covered Vehicle, the Administrator may make certain assumptions in regard to Your Vehicle and its condition. The Administrator recognizes that You may have owned Your Vehicle prior to the purchase of this Contract. As such, the Administrator may wish to review maintenance records for services that pre-date the purchase of the Contract. If maintenance records cannot be provided upon request and the findings of an independent inspection confirm damage consistent with a lack of required maintenance, coverage under this Contract will be denied. To keep this Contract in force, You must:
A. Have the engine oil and filter changed by a commercial service facility every six (6) months as measured from Contract Activation Date and Contract Activation Mileage. In the event of a claim, properly documented and verifiable receipts for engine oil and oil filter changes must be provided upon request. Receipts must be computer generated on licensed Repair Facility letterhead/forms and include vehicle identification number, date and mileage at time of service.
B. Beyond requirements specified in Paragraph A. of this section, maintain Your Vehicle according to the Manufacturer’s Recommended Maintenance Schedule for Your Vehicle. For example, some manufacturers require that the timing belt be changed at specific time and/or mileage intervals. You must follow the manufacturer’s maintenance guidelines (including types and quality of products used in maintenance) to avoid denial of a claim and/or cancellation of this Contract. In addition, You must also follow the procedures described within this Contract under HOW TO FILE A CLAIM.
Note: Your owner’s manual has separate required maintenance schedules for “normal” and “more severe” operating conditions. You are required to follow the maintenance schedule that applies to Your conditions.
C. Be sure the proper grade of lubricants and coolants, as recommended by the manufacturer, are used in Your Vehicle.
D. Retain verifiable receipts for all parts and materials necessary to perform the required maintenance, regardless if the work was performed by You or a licensed Repair Facility. Verifiable receipts would be repair orders from a Licensed Repair Facility and/or a self-maintained maintenance log that has corresponding “purchase receipts” for oil, filter, coolant, brake system flush, etc. The “purchase receipts” that do not reflect a date within two (2) weeks of the service date is not acceptable. A self-maintained log without corresponding “purchase receipts” is not acceptable as “Proof” of maintenance.
Repair orders from a Licensed Repair Facility must be readable and understandable, with customer complaint and repair diagnosis, parts, labor hours, vehicle identification number, date, Vehicle mileage, Your name and signature, repair facility name address and phone number, repair totals, Deductible (if applicable), and method of payment to satisfy the repair order. “Proof” of maintenance and/or Your self-maintained log, with corresponding original receipts, may be requested by the Administrator for related repairs.
HOW TO CANCEL THIS CONTRACT
By You: You may cancel this Service Contract at any time by returning to the Seller or directly to Us to complete and sign a cancellation form or by mailing written notice to Us of Your desire to cancel the Service Contract with the following information: 1. Your name and address, 2. Your VIN, 3. Your contract number, 4. Your odometer reading at the time of Your cancellation.
Your request for cancellation must be made to Us no later than thirty (30) days of the date that the cancellation is to be effective.
By Us: After this Service Contract has been in force for more than thirty (30) days, we may cancel this Service Contract only for: Non-payment of the Service Contract purchase price, intentional misrepresentation in obtaining the Service Contract, intentional misrepresentation in the submission of a Claim; or Discovery of an act or omission by You or a violation of any of the conditions of this Service Contract which occurs after the purchase date of this Service Contract and which substantially and materially increases the service required under this Service Contract.
We may cancel this Service Contract by mailing written notice to You at Your last known address at least ten (10) days prior to the effective date of cancellation with the reason for the cancellation in the notice.
Refund Calculation: If this Contract is cancelled within the first sixty (60) days and no Claim has been made under this Service Contract, the Service Contract will be void and We will refund to You the full amount of money paid by You. This right to void the Service Contract is not transferable and applies only to the original Service Contract Holder. If the purchase price of Your Service Contract has been paid in full at the time of Your cancellation request and You cancel this Service Contract after the first sixty (60) days or if a Claim has been authorized or paid, You will be refunded a pro- rated amount of the Service Contract Purchase Price, based on the lesser of the months or miles remaining, less any Claims paid on the Service Contract where applicable by law. An administrative fee of fifty dollars ($50.00) will be deducted from the cancellation refund. (In the event of a cancellation due to repossession only, Claims paid shall not be deducted from any cancellation refund due. In the event Your Service Contract is cancelled for non-payment, You forfeit all refund rights under this Service Contract). If We cancel this contract and no Claim has been paid, You will receive a refund of the full amount of money paid by You. No cancellation fee will apply in the event We cancel this Contract.
Limited Rights of Lienholder: If we have notice of a Finance Company and a Discharge of Lien is not provided, payments made will apply only to Your Service Contract, not Your Vehicle. The Lienholder shown on the Declaration Page may cancel Your Service Contract in the event of Your non-payment of the Service Contract charge.
If the purchase price of Your Service Contract has not been paid in full at the time of Your cancellation request, any refund due may be fully or partially paid to the Lienholder or other party responsible for collecting payment on Your Service Contract, as listed on the Declaration Page, or any separate payment plan agreement entered into at the time of purchase.
NOTE: We agree to pay on behalf of the Seller, the unearned refund based on consideration We received from the Seller. The Seller agrees to pay the unearned portion of the commission originated from the sale of this Agreement. Neither the Seller’s Administrator, claims service, nor the Seller’s insurer can be held liable for return of the Seller’s commission or any part thereof as paid under this Agreement.
These Cancellation Provisions apply to the original Service Contract Purchaser. Service Contracts that have been transferred are not eligible for cancellation.
HOW TO TRANSFER THIS CONTRACT
Unless otherwise required by law, this Contract is non-transferable.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
ARBITRATION
READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.
To begin Arbitration, either You or We must make a written demand to the other party for Arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of the AAA Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019 or visiting www.adr.org. We will advance to You all or part of the fees of the AAA and of the arbitrator. Unless You and We agree otherwise, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. You agree and understand that this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. The arbitration action will take place in the county where You reside.
CLASS ACTION
Any claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. An arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION.
If You have any questions regarding these provisions, please call or contact Us at:
Dimension Service Corporation
Attention: Claims
5500 Frantz Rd., Suite 120
Dublin, OH 43017
[833-653-6610]
1. INSURANCE STATEMENT:
An authorized insurance company guarantees performance to the Purchaser under this Service Contract.
If the benefits as described are not provided within sixty (60) days after You provide proof of loss covered by this Agreement, then You may file a Claim with the insurance company. The name and address of the insurance company is: Insert Insurance Company Info Here.
2. DEFINITIONS
Throughout this Vehicle Service Contract, certain words and phrases are used that have specified meanings and appear in this Service Contract. Their definitions are listed below:
Activation Period, Waiting Period: Means ten (10) days from the original Contract Activation Date in which You can review this Contract.
Actual Cash Value (ACV): Means the “average trade-in” value for the Vehicle, adjusted for mileage as shown in the then-current N.A.D.A. Official Used Car Guide.
Administrator: Refers to Dimension Service Corporation, [5500 Frantz Road, Suite 120, Dublin, Ohio 43017], [(833) 653-6610].
Aggregate Limit of Liability: Means the maximum amount of benefits allowed during all Renewed Terms.
Breakdown, Failure: Refers to the inability or failure of any Covered Part to perform the function for which the manufacturer intended it through the normal use of Your Vehicle.
Contract, Service Contract, Vehicle Service Contract: Refers to this Vehicle Service Contract You have purchased from the Seller to protect Your Vehicle.
Contract Activation Date: Means the initial date of Contract purchase by You. A [TEN (10)] DAY AND [ZERO (0)] MILE ACTIVATION PERIOD BEGINS ON THIS DATE, DURING WHICH NO CLAIMS MAY BE FILED.
Contract Activation Mileage: Means the current odometer on the sales date of the contract
Contract Activation Payment: Means the payment received by the Administrator to activate Contract coverage.
Contract Renewal Date, Renewal Date: Means the date on which the Contract Renewal Payment is due and the Contract renewed for an additional thirty (30) day Contract Renewal Term.
Contract Renewal Payment, Renewal Payment: Means the amount due to your Seller to process the renewal of Your Contract. This amount is subject to change, but You will be provided sixty (60) days notice in advance of any changes.
Contract Renewal Term, Renewal Term: Means a period of thirty (30) days after the original Activation Period or the previous Renewal Term beginning from Renewal Date and upon receipt of Renewal Payment. There is no waiting or activation period for a Renewal Term.
Covered Part(s): Refers to the mechanical or electrical components described under the What is Covered By This Contract section as contained in this Service Contract which are original parts on Your Vehicle at the time of its purchase by You or like replacement parts meeting the manufacturer’s specifications.
Declaration Page: Means the document attached to and that forms part of this Vehicle Service Contract. It lists information regarding You, Your Vehicle, the coverage selected, and other vital information.
Deductible: Means the amount You must pay, as shown on the Declaration Page, per repair visit in the event of a Breakdown.
Deductible: Means the amount You must pay, as shown on the Declaration Page, per repair visit in the event of a Breakdown.
Emergency Repairs – Emergency repairs occur when our offices are closed and only for those repairs, which, if not performed, would render your vehicle inoperable or unsafe to drive and impair its future operation.
Named Component Coverage: Refers to the coverage afforded by this Contract. Only the parts and/or components specifically listed are covered.
Repair Facility: Refers to the Repair Facility that is, has, or will be performing repairs to Your Vehicle. Such facility must be licensed and/or approved by the state to perform automotive repairs. Such facility must work within labor rates and times as approved by the Administrator. Such facility must have a tax identification number, where required, and be capable of performing the needed repairs to Your Vehicle.
Seller: Refers to the entity from whom You purchased this Contract.
Vehicle: Refers to the Vehicle covered by this Contract as described on the Declaration Page of this Contract.
We, Us, Our, Provider: Refers to National Administrative Service Co., LLC (5500 Frantz Road, Suite 120, Dublin, Ohio 43017, ), the entity that is obligated to perform under this Contract.
You, Your, His/Her, Contract Holder: Refers to the person named on this Contract as the purchaser of this Contract.
3. General Provisions
This Service Contract is between You and Us and is subject to all the terms and conditions contained herein:
Service Contract Coverage Period
This Contract shall be in effect as of the date the Contract was purchased from the Seller, provided this Contract is accepted by Us and shall continue in effect until canceled, terminated, non-renewed, voided, or the Limit of Liability has been reached. UPON CONTRACT PURCHASE, THERE IS A [TEN (10)] DAY AND [ZERO (0)] MILE ACTIVATION PERIOD BEFORE COVERAGE BEGINS. Any Breakdown which occurs during the activation period will not be covered.
We reserve the right to refuse, cancel, terminate or void any Contract that does not meet Our underwriting guidelines, is submitted with insufficient payment or if You make a material misrepresentation in obtaining this Contract or in submitting a claim. We further reserve the right to not renew Your Contract at any time for any reason. If We choose to do so, You will be given thirty (30) days notice in advance of non renewal. Payments scheduled after the non-renewal date will not be processed, or if already processed, will be refunded immediately.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
Coverage Provided
We will reimburse You or a Licensed Repair Facility for the costs to repair or replace Covered Parts that fail due to a Breakdown, less any applicable Deductible, provided You have met Your obligations as stated in this Contract (see How to File a Claim and Your Responsibilities for Service and Maintenance), and if the repair is not excluded under What Is Not Covered By This Contract.
At Our sole discretion, replacement parts authorized may be aftermarket, remanufactured, or of like-kind quality including used parts. Additionally, the Administrator reserves the right to determine acceptable parts costs in its sole discretion. Labor time for any repair shall be determined by the then-current All-Data labor guide, regardless of the labor time manual utilized by the Repair Facility. In determining Our cost, the labor rate per hour shall not exceed the average local labor rate charged within the zip code of the Repair Facility, as indicated in the Administrator’s database of Repair Facilities.
Deductible: In the event of a Breakdown covered by this Service Contract, you are required to pay a Deductible, as shown on the Declaration Page, per repair for covered Breakdowns.
Renewal Process: Upon acceptance by Us of the Renewal Payment upon each Renewal Date, this Contract will renew monthly for a subsequent thirty (30) day Renewal Term. All coverage will cease if the Aggregate Limit of Liability has been reached or upon non-renewal of Your Contract by You at any time (this may include a failure to collect the Renewal Payment due to any reason, either voluntary or involuntary). The Seller will attempt to process each Renewal Payment no later than ten (10) calendar days prior to the scheduled Renewal Date to allow time for notification and/or update to Your payment information on file to be processed. If the Administrator receives the Renewal Payment on or before the Renewal Date, Renewal Term will be in effect; otherwise, the Contract will terminate at the end of the current Renewal Term. To avoid a lapse in coverage, it is Your responsibility to ensure that the Seller has Your correct account and billing information at all times. Coverage must continue without any lapse in payment, or this Contract will not renew, and all coverage will cease. If coverage is terminated or not renewed, We will not reinstate Your coverage.
TERRITORY This Service Contract applies only to Mechanical Breakdowns in the United States or Canada.
LIMITS OF LIABILITY
1. Per Incident: Liability shall be limited to the reasonable price for repair or replacement of any covered part, not to exceed the manufacturer’s suggested retail price. The reasonable price is based upon nationally recognized flat rate and/or factory manuals. In no event will the liability for each Mechanical Breakdown covered under this Service Contract exceed the Wholesale trade-in allowance of Your Vehicle established by the current NADA Official Used Car Guide at the time of Mechanical Breakdown.
2. Aggregate limit for vehicles with less than 200,000 miles on the odometer at the time of breakdown: The aggregate limit of liability of all benefits payable for all renewed terms shall never exceed the Actual Cash Value (ACV) of Your Vehicle or [Fifty Thousand Dollars ($50,000)], whichever amount is less.
3. Aggregate limit for vehicles with 200,000 miles or more on the odometer at the time of breakdown: The aggregate limit of liability of all benefits payable for all renewed terms shall never exceed the Actual Cash Value (ACV) of Your Vehicle or [Ten Thousand Dollars ($10,000)], whichever amount is less. Unless You cancel under the provisions outlined in this Contract, services provided under this Contract will terminate when You sell Your Vehicle, and no further Claims can be made against Us.
Once the maximum limit of liability has been reached, this Service Contract and its cancellation rights terminate, and no further Claims can be made against Us. We will not be liable to You for consequential damages or injuries, nor for any costs or expenses that provide betterment, upgrade, or enhancement to Your Vehicle. This limit of liability applies regardless of the cause and regardless of the legal theory asserted. There are no warranties that extend beyond the description on the face hereof. The warranties of merchantability and fitness for a particular purpose are expressly excluded and disclaimed.
Right of Removal: In the event of any dispute between Us and the Licensed Repair Facility, we shall have the right, with Your permission, to move the Vehicle to a Licensed Repair Facility of Our choice.
Subrogation In the event that Coverage is provided under this Service Contract, We shall be subrogated to all the rights. You may have to recover against any person or organization arising out of any safety defect which is the subject of a voluntary or mandatory recall campaign, as well as out of any order, judgment, consent decree, or other settlement. You shall execute and deliver instruments and papers and do whatever is necessary to secure such rights. You shall do nothing to prejudice those rights. Further, all amounts recovered by You for which You have received benefits under this Service Contract shall belong to, and be paid to Us, up to the amount of benefits paid under this Service Contract.
OTHER SERVICE CONTRACTS, WARRANTIES, OR INSURANCE POLICIES The term of this Contract may include a portion of the manufacturer’s warranty issued to the original purchaser of the Vehicle. Coverage under this Contract is secondary to, and does not replace, the manufacturer’s warranty but may provide certain additional benefits during the term of the manufacturer’s warranty. If more than one service contract, warranty, or insurance policy can be applied to a Breakdown, coverage under this Contract shall be in excess over all other coverage, whether valid or collectible, except for benefits that may be applicable under ADDITIONAL GENERAL PROTECTION AND OTHER BENEFITS of this Contract
WHAT IS COVERED
If Your Vehicle has fewer than [two hundred thousand (200,000)] odometer miles at the time of Breakdown, We will pay or reimburse You for authorized charges to repair or replace any Breakdown of any component specifically listed below, less any Deductible shown in the Service Contract Information section of the Declaration Page. Replacement parts may be New, Remanufactured or of Like Kind and Quality (LKQ) at the sole discretion of the Administrator. Labor will be verified by one of the following nationally recognized labor guides: Mitchell and All Data.
All Claims Must Be Authorized By Us Prior to Repairs Being Started.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
ANY PART OR COMPONENT THAT IS NOT SPECIFICALLY LISTED BELOW WILL NOT BE COVERED BY THIS SERVICE CONTRACT:
1. Gasoline/Diesel Engine: All internally lubricated parts including; pistons, piston rings and pins, crankshaft and main bearings, connecting rods and rod bearings, camshaft and bearings, pushrods, rocker arms, valves, valve springs, seats and guides, lifters, followers, oil pump, timing chain, timing belt, Timing gear, Harmonic balancer. Valve cover(s), vacuum pump, engine mount(s). Cylinder Block and Cylinder Head(s) is Covered Only if Damaged by Internally Lubricated Covered Part. Timing Cover and Engine Oil Pan is Covered Only if Damaged by Internally Lubricated Covered Part.
2. Transmission / Transaxle: All internally lubricated parts contained within the manual or automatic transmission housing, including oil pump, drums, planetary, sun gear and shell, shafts, bearings, side gears, carrier, pinion gear, ring gear, Viscous Coupling, Vacuum Modulator, Internal Linkage, Transmission Mount(s), shift rails, synchronizers, and torque converter. Transmission/Transaxle Case is covered only if damaged by an internally lubricated Covered Part. Damage resulting from failures by related parts or units such as, but not limited to: friction parts, such as clutches of any kind, levers, controls, linkage, cables, radiator, coolers, external or internal metal or rubber lines or hoses are Not Covered.
3. Transfer Case: All internally lubricated parts contained within the Transfer Case. Transfer case Housing is covered only if damaged by an internally lubricated Covered Part.
4. Drive Axle: Constant Velocity axle(s), Universal Joints, Yokes, Constant Velocity Boot(s), Constant Velocity Joint(s), Drive Shaft Center Bearings and Supports, Propeller Shaft(s) and Locking Hub Mechanisms.
5. Differential: All internally lubricated parts contained within the differential housing. Differential Housing is covered only if damaged by Internally Lubricated Covered Part.
6. Steering: Steering Box, Rack and Pinion Unit, Power Steering Pump, Main and intermediate steering shaft(s) and couplings, steering knuckles, pitman arm, idler arm, tie rods end(s) and drag link.
7. Brakes: Non–ABS master cylinder, Power Brake Booster, calipers, wheel cylinders hydraulic lines and fittings; proportioning valve, backing plates, springs, clips and retainers, self-adjusters, parking brake linkage and cables.
8. Electrical: Alternator, voltage regulator, starter motor, starter solenoid, distributor (excluding cap, rotor and wires), window regulator(s), Window Motor(s), Power Door Lock Switch and HVAC Blower Motor.
9. Heater and Air Conditioning: Evaporator, Condenser, Compressor, Compressor Clutch, Receiver/Drier, Accumulator, Thermistor Probe and Heater Core.
10. Front/Rear Suspension: Upper and lower control arms, control arm shafts and bushings, spindle supports, stabilizer shaft, stabilizer linkage, bushings, ball joints, spindles and Wheel Bearing(s) / Hub(s).
11. Cooling: Radiator, Radiator Fan Motor(s), Fan Clutch, Water Pump and Water Pump Housing.
12. Fuel: Mechanical Fuel Pump, In Tank (Gas) Fuel, Pump, Main (Diesel) Fuel Pump, Metal Fuel Delivery Lines, and Fuel Tank.
13. Odometer & Speedometer: Odometer and speedometer and their cables and connectors.
14. Turbo Charger/Supercharger: Internal lubricated parts, including waste-gate, vanes, shafts, and bearings. Turbo Charger / Super Charger Housing is covered only if damaged by an Internally Lubricated covered part.
15. Hi-Tech: Electronic shift control unit; ABS master cylinder, ABS processor, hydraulic pump motor, pressure modulator valve and sensors; temperature control programmer, fuel management controls (including modules and sensors), fuel nozzles, fuel injection pump, ignition management controls (including modules and sensors), ignition coils, wiper motor(s), power window motors, power door locks automatic temperature control, keyless entry system (excluding remote), power antenna, speed control and electronic level control compressor.
ONCE YOUR VEHICLE’S ODOMETER HAS REACHED [200,000] MILES, THE NAMED COMPONENT COVERAGE ABOVE EXPIRES.
If Your Vehicle’s odometer had reached [two hundred thousand and one (200,001)] at the time of Breakdown, the following components are covered by this Service Contract. Any component not specifically listed in this Named Component Coverage is not covered.
[ENGINE ONLY] NAMED COMPONENT COVERAGE
GASOLINE or DIESEL ENGINE – All internally lubricated components, including pistons, piston rings and pins, crankshaft and main bearings, connecting rods and rod bearings, camshaft and bearings, timing chain and gear, intake and exhaust valves; valve springs; guides; oil pump; push rods; rocker arms; hydraulic lifters and rocker arm shafts. The engine block and cylinder heads are covered if damaged by an internally lubricated part specified above.
ADDITIONAL GENERAL PROTECTION AND OTHER BENEFITS
Additional Benefits are included with all plans. No deductible will apply to any of the Additional Benefits.
Alternate Transportation Reimbursement:
In the event of a Breakdown covered by this Contract, We will pay or reimburse You for receipted expenses to rent a replacement vehicle (from a licensed rental agency) or for rideshare expenses from an authorized rideshare company (Uber, Lyft) while Your Vehicle is at a Repair Facility. Coverage will be provided to You up to a maximum of [forty dollars ($40)] for every [eight (8)] hours or portion thereof of approved labor time to complete the covered repair with a [five (5)] day maximum, not to exceed [two hundred dollars ($200)]. You must submit receipts to the Administrator for reimbursement. Rideshare receipts must be in the general vicinity of the Repair Facility and include the date of the trip(s) and the cost of the rideshare. This coverage does not apply to service or parts delays or other time delays beyond Our control or that of the Repair Facility.
Towing Benefit:
In the event of a Breakdown covered by this Service Contract, We will pay or reimburse You for receipted towing expenses up to [one hundred dollars ($100)] per occurrence. Any payment made shall be for actual towing charges in excess of any applicable reimbursement from the manufacturer or any other towing coverage.
INELIGIBLE VEHICLES
The following vehicles are ineligible under this Contract:
1. Any vehicle that is older than the current calendar year minus fifteen (15) years or the Current Odometer Reading shown on the Declaration Page of this Contract exceeds one hundred sixty thousand (160,000) miles at the time of Contract purchase.
2. Any imported vehicle that does not meet U.S. federal motor vehicle standards.
3. Any vehicle with the following characteristics: dump bed, incomplete vehicles, or vehicles with special bodies designed for commercial use.
4. Any vehicle equipped with a snowplow or suspension/tire modification.
5. Any vehicle that has powertrain modifications or performance-enhancing add-on parts.
6. Any vehicle that is or will be used/equipped or identified as: competitive driving or racing, driven at an excessive speed on a racetrack, vehicles used for municipal or professional emergency or police services, taxi, or vehicles used for hire to the public or to transport people for hire.
7. Any vehicle that was reconstructed from salvage, declared a total loss, flood damaged, manufacturer buyback, declared a lemon, or if the original manufacturer’s warranty was voided for any reason.
WHAT IS NOT COVERED BY THIS SERVICE CONTRACT
1. This Service Contract excludes the following parts and services:
a. Any additional optional coverage, unless the optional coverage is selected and shown on your registration page, and the appropriate surcharge is paid.
b. Accessory drive belts, hoses and clamps, spark plugs and wires, clogged fuel injectors where a mechanical/electrical failure has not occurred, tires, wheels and wheel covers, wiper blades, standard transmission clutch parts (including pressure plate, clutch disc, pilot bearing, throw-out bearing, clutch engagement arm and pivot), steering wheel (except for integral electrical failures), batteries (either stand-alone or integral to a component), electric vehicle external charging stations, hybrid power packs, fuses, fusible links and circuit breakers, brake drums, rotors, pads and shoes, sub-frame, frame, frame bushings, retractable roof/convertible top, glass, lenses, light emitting assemblies (except for integral electrical failures), any individual light emitting device (i.e. bulbs of any type) that can be removed from an assembly, exhaust pipes, filters (except in conjunction with a covered repair), exhaust gas recirculation pipes/hoses and check valves, catalytic converter, conversion van appliances, door handles (except for integral electrical failures).
c. Loss of fuel, trim, upholstery, insulation, carpet, and paint, air or water leaks or wind noise, squeaks and rattles, jack and tool kit, wheel lugs and lug nuts, nuts, bolts, shop supplies, environmental waste charges or disposal fees, lost or missing parts, electronic diagnostic equipment fees, freight, vehicle body parts including but not limited to: bumpers, body panels, fasteners and mounts, moldings and outside ornamentation, bright metal parts, door stops, hinges, and weather stripping.
d. Any non-manufacturer installed parts, including but not limited to: turbochargers, superchargers, convertible tops, audio, navigation, and security systems.
e. Replacement of oil, lubricants, coolants, additives and/or other fluids, except in conjunction with the repair of a Covered Part. Replacement of A/C refrigerant and/or oil unless in conjunction with a leak resulting from the failure of a Covered Part.
f. The use of parts that improve the Vehicle beyond its condition immediately prior to the Breakdown.
g. Any service considered to be regular maintenance, or a service, labor, or adjustment operation completed to correct a complaint where a Covered Part has not failed.
h. For damage and/or breakdown caused by failure to replace leaking seals or gaskets in a timely manner. For damage and/or breakdown caused by the leaking or failure of any seal or gasket.
i. Suspension alignment (unless required in conjunction with the repair of a Breakdown).
j. Any part or repair that an Approved Repair Facility or manufacturer recommends or requires to be repaired, replaced, adjusted, or updated (including updating software or programming) in conjunction with a covered repair when a Breakdown of that part has not occurred. This includes modifications, replacement, or alteration of original systems necessitated by replacing an obsolete, superseded, redesigned, or unavailable part.
k. For voice recognition systems; perimeter warning systems or any part thereof; and infrared systems or any part thereof.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
2. This Service Contract excludes the following conditions:
a. Any Breakdown resulting from damage caused to a Covered Part by: impact or any other external force known or unknown, collision, bent or twisted parts, fire, terrorism, theft, vandalism, riot, explosion, restricted oil passages, rust or corrosion, salt, environmental damage, contamination, oxidation, carbon, sludge, varnish, damage caused when the engine exceeds the manufacturer’s maximum recommended operating temperature (as indicated by gauges, warning lights or audible warning sounds, warped or melted parts), lack of proper quality or quantity of fluids or lubricants, acts of nature including but not limited to lightning, earthquake, flood, windstorm, volcanic eruption, and freezing.
b. ANY PRE-EXISTING CONDITION WILL NOT BE COVERED. BREAKDOWNS THAT OCCUR DURING THE ACTIVATION PERIOD, OR BREAKDOWNS THAT WERE REPORTED AFTER THE EXPIRATION OF THIS CONTRACT.
c. Any repair(s) started without receiving prior authorization from Us, except for emergency repairs. (Please refer to the HOW TO FILE A CLAIM section.)
d. Any Breakdown caused by Your failure to follow the instructions in the YOUR RESPONSIBILITIES FOR SERVICE AND MAINTENANCE section or any Breakdown where maintenance records pertaining to a Breakdown have been requested by Us but cannot be produced or verified.
e. Any Breakdown caused by non-manufacturer alterations made to the Vehicle before or after the Contract Purchase Date. Alterations include but are not limited to: emissions equipment removal or modification, custom or add-on parts, trailer hitches, modification of powertrain components and/or their control systems, or offset rims.
f. Any loss if the Vehicle’s odometer has failed, been broken, disconnected, or altered, or if, for any reason, the Vehicle’s actual accumulated mileage cannot be determined.
g. Any charges or costs for inconvenience, loss of time, loss of income, commercial loss, or any other consequential losses or expenses not specifically covered by this Contract.
h. Any liability for consequential or incidental damage to property or injury or death of any person.
i. Any loss caused by faulty or negligent auto repair work, improper servicing, or installation of defective parts.
j. Any Breakdown if a manufacturer has announced its responsibility through any means, including but not limited to public recalls and special policies.
k. For any repair or replacement of any covered part if a failure of that part has not occurred, or repair or replacement of parts in connection with a covered repair when those parts are not necessary for the completion of the covered repair, or were not damaged by the failure of a covered part. Such repair or replacement is considered an improvement to your vehicle and is not covered by this service contract.
l. Any Breakdown covered by any limited warranty, manufacturer’s warranty, repairer’s guarantee, road club, or any other guarantee, warranty, or insurance policy, whether collectible or not.
m. The damage to a non-covered part resulting from the failure of a covered part, or damage of a covered part resulting from the failure of a non covered part.
n. For breakdowns that occur to your vehicle outside the United States of America or Canada.
o. For claims made if the service contract holder no longer owns the vehicle regardless of when the failure has occurred.
p. No coverage will be provided if your vehicle is used for business or commercial use such as but not limited to: rental, taxi, limousine or shuttle services, ride share enterprises, delivery, towing, road repair operations, construction, job site activities, hauling, police or emergency service, principally off-road use, racing or competitive driving, snow removal, route work, service or repair work, or any use involving regular multiple drivers.
q. No coverage will be provided for towing.
r. Road Service Benefit: the cost for fuel, labor to produce keys, replacement keys, and mechanical failure of locks or ignition system, any expenses not specifically mentioned as covered by this Contract, and any expenses that exceed Your benefit limit.
s. Rental Vehicle/Alternate Transportation: for expenses for fuel, insurance, tolls, GPS or similar equipment, or maintenance charges; for delays due to shop scheduling, and any expenses that exceed Your benefit limit.
t. For any breakdown resulting from an outside force including: road hazard, hail, water or flood, acts of God, salt, environmental damage, introduction of foreign objects, chemicals; contamination of fluids, fuels, coolants, or lubricants; any hazard insurable under standard physical damage insurance policies regardless of whether such insurance is in force. Damage resulting from coagulated coolants or oil sludge is not covered.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
3. This service contract excludes the following uses:
a. For any breakdown caused by the gradual reduction in operating performance due to normal wear and tear based on the age and mileage of the vehicle.
b. Any Breakdown resulting from neglect, abuse or misuse of the Vehicle, or failure to protect the Vehicle from further damage when any Breakdown has occurred, or if You have used the Vehicle in any manner not recommended by the manufacturer.
c. Any Breakdown caused by loading the Vehicle in any way beyond the limitations established by the manufacturer.
d. Any Breakdown resulting when the Vehicle is or will be used/equipped or identified as: driven on a racetrack, competitive driving or racing, taxi, or used for hire to the public or used to transport people for hire except for personal vehicles used by a single driver for on-demand ridesharing services (e.g., Uber, Lyft, etc.), vehicles used for municipal or professional emergency or police services.
HOW TO FILE A CLAIM
In the event of a Breakdown You must protect Your Vehicle from further damage. This may require You to stop the Vehicle (as is safe), turn off the engine, and/or have the Vehicle towed. Damage resulting from continued operation of an impaired Vehicle will be considered negligence and will result in denial of claim coverage.
You may take the Vehicle to any licensed Repair Facility, however, the Administrator reserves the right to select a different Repair Facility and/or move the Vehicle in the event that the Repair Facility selected by You charges for parts and labor in excess of amounts shown by All-Data flat rate labor guide, or does not meet the level of service necessary to insure proper repair of Your Vehicle.
You are required to authorize the Repair Facility to inspect and/or tear down Your Vehicle to determine the cause of the failure. You will be responsible for these charges if the failure is not covered under the terms of this Contract. If it is determined that the failure is covered, We will pay for the reasonable and customary cost of such tear-down and/or diagnosis. We will not review Your claim until You have authorized the inspection and/or tear down of Your Vehicle and the Repair Facility has provided Us the cause of Breakdown. We reserve the right to inspect Your Vehicle and service records prior to reviewing any claims for repairs.
You must ensure the Repair Facility calls the Administrator at [(833)-315-2146] prior to any work being performed on the Vehicle. The Administrator will ask the Repair Facility to supply the following information: a) Contract Holder’s Name, Address and Telephone Number; b) Year, Make and Model of the Vehicle; c) Vehicle Identification Number, License Plate Number and Current Odometer Mileage; d) Name, Address and Phone Number of the Repair Facility and Name of the Technician, e) Cause of Failure and the extent of damage, and f) A complete estimate of parts and labor time charges to repair the Breakdown. Authorization must be obtained from the Administrator prior to any repair.
If it is determined the failure is covered, the Administrator will confirm the cost of the repair and provide the Repair Facility with a claim authorization number. The repair cost that is approved by the Administrator is the maximum amount that will be paid for any covered repairs under the terms of this Contract. Any additional amount must receive prior approval from the Administrator. Payment will be made via direct billing, credit card, or reimbursement to You.
Once authorization is obtained and the repair has been completed, all repair orders and documentation must be signed by You and submitted to the Administrator within thirty (30) days from the date the repair to Your Vehicle was completed. All such documentation must show Our claim authorization number and be submitted to: Dimension Service Corporation, Attn: Claims, [5500 Frantz Road, Suite 120, Dublin, Ohio 43017].
You are responsible for the payment of the Deductible for each visit to the Repair Facility. If a Breakdown requires more than one (1) visit to repair, only one (1) Deductible applies to the original failure for which a claim was filed. Once a part is repaired or replaced under the terms of this contract, any Deductible amount for future repairs to that part will be waived. Present a copy of this document to the Repair Facility prior to proceeding with repairs.
Any claims made after the expiration of this Contract will be denied without regard to the date of the failure.
A Breakdown which renders the Vehicle inoperable or unsafe to operate for transportation purposes may occur when Our offices are closed. You may, at Your discretion, authorize the necessary emergency repairs. If any option of the repair carries over into Our normal business hours, You must have the repair facility stop working on the Vehicle and contact Us as soon as We are open for business. You are responsible for all expenses and repair costs if it is determined that the failure or the Breakdown does not qualify as an emergency repair as defined by this Contract. If it is determined that the repair is to be covered by this Service Contract, You will be reimbursed for the repair. Reimbursement is based on the Manufacturer’s Suggested Repair Price for Parts and the labor is based on a nationally recognized labor manual.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
YOUR RESPONSIBILITIES FOR SERVICE AND MAINTENANCE
Because this Vehicle Service Contract is not sold in conjunction with the purchase of the covered Vehicle, the Administrator may make certain assumptions in regard to Your Vehicle and its condition. The Administrator recognizes that You may have owned Your Vehicle prior to the purchase of this Contract. As such, the Administrator may wish to review maintenance records for services that pre-date the purchase of the Contract. If maintenance records cannot be provided upon request and the findings of an independent inspection confirm damage consistent with a lack of required maintenance, coverage under this Contract will be denied. To keep this Contract in force, You must:
A. Have the engine oil and filter changed by a commercial service facility every six (6) months as measured from Contract Activation Date and Contract Activation Mileage. In the event of a claim, properly documented and verifiable receipts for engine oil and oil filter changes must be provided upon request. Receipts must be computer generated on licensed Repair Facility letterhead/forms and include vehicle identification number, date and mileage at time of service.
B. Beyond requirements specified in Paragraph A. of this section, maintain Your Vehicle according to the Manufacturer’s Recommended Maintenance Schedule for Your Vehicle. For example, some manufacturers require that the timing belt be changed at specific time and/or mileage intervals. You must follow the manufacturer’s maintenance guidelines (including types and quality of products used in maintenance) to avoid denial of a claim and/or cancellation of this Contract. In addition, You must also follow the procedures described within this Contract under HOW TO FILE A CLAIM.
Note: Your owner’s manual has separate required maintenance schedules for “normal” and “more severe” operating conditions. You are required to follow the maintenance schedule that applies to Your conditions.
C. Be sure the proper grade of lubricants and coolants, as recommended by the manufacturer, are used in Your Vehicle.
D. Retain verifiable receipts for all parts and materials necessary to perform the required maintenance, regardless if the work was performed by You or a licensed Repair Facility. Verifiable receipts would be repair orders from a Licensed Repair Facility and/or a self-maintained maintenance log that has corresponding “purchase receipts” for oil, filter, coolant, brake system flush, etc. The “purchase receipts” that do not reflect a date within two (2) weeks of the service date is not acceptable. A self-maintained log without corresponding “purchase receipts” is not acceptable as “Proof” of maintenance.
Repair orders from a Licensed Repair Facility must be readable and understandable, with customer complaint and repair diagnosis, parts, labor hours, vehicle identification number, date, Vehicle mileage, Your name and signature, repair facility name address and phone number, repair totals, Deductible (if applicable), and method of payment to satisfy the repair order. “Proof” of maintenance and/or Your self-maintained log, with corresponding original receipts, may be requested by the Administrator for related repairs.
HOW TO CANCEL THIS CONTRACT
By You: You may cancel this Service Contract at any time by returning to the Seller or directly to Us to complete and sign a cancellation form or by mailing written notice to Us of Your desire to cancel the Service Contract with the following information: 1. Your name and address, 2. Your VIN, 3. Your contract number, 4. Your odometer reading at the time of Your cancellation.
Your request for cancellation must be made to Us no later than thirty (30) days of the date that the cancellation is to be effective.
By Us: After this Service Contract has been in force for more than thirty (30) days, we may cancel this Service Contract only for: Non-payment of the Service Contract purchase price, intentional misrepresentation in obtaining the Service Contract, intentional misrepresentation in the submission of a Claim; or Discovery of an act or omission by You or a violation of any of the conditions of this Service Contract which occurs after the purchase date of this Service Contract and which substantially and materially increases the service required under this Service Contract.
We may cancel this Service Contract by mailing written notice to You at Your last known address at least ten (10) days prior to the effective date of cancellation with the reason for the cancellation in the notice.
Refund Calculation: If this Contract is cancelled within the first sixty (60) days and no Claim has been made under this Service Contract, the Service Contract will be void and We will refund to You the full amount of money paid by You. This right to void the Service Contract is not transferable and applies only to the original Service Contract Holder. If the purchase price of Your Service Contract has been paid in full at the time of Your cancellation request and You cancel this Service Contract after the first sixty (60) days or if a Claim has been authorized or paid, You will be refunded a pro- rated amount of the Service Contract Purchase Price, based on the lesser of the months or miles remaining, less any Claims paid on the Service Contract where applicable by law. An administrative fee of fifty dollars ($50.00) will be deducted from the cancellation refund. (In the event of a cancellation due to repossession only, Claims paid shall not be deducted from any cancellation refund due. In the event Your Service Contract is cancelled for non-payment, You forfeit all refund rights under this Service Contract). If We cancel this contract and no Claim has been paid, You will receive a refund of the full amount of money paid by You. No cancellation fee will apply in the event We cancel this Contract.
Limited Rights of Lienholder: If we have notice of a Finance Company and a Discharge of Lien is not provided, payments made will apply only to Your Service Contract, not Your Vehicle. The Lienholder shown on the Declaration Page may cancel Your Service Contract in the event of Your non-payment of the Service Contract charge.
If the purchase price of Your Service Contract has not been paid in full at the time of Your cancellation request, any refund due may be fully or partially paid to the Lienholder or other party responsible for collecting payment on Your Service Contract, as listed on the Declaration Page, or any separate payment plan agreement entered into at the time of purchase.
NOTE: We agree to pay on behalf of the Seller, the unearned refund based on consideration We received from the Seller. The Seller agrees to pay the unearned portion of the commission originated from the sale of this Agreement. Neither the Seller’s Administrator, claims service, nor the Seller’s insurer can be held liable for return of the Seller’s commission or any part thereof as paid under this Agreement.
These Cancellation Provisions apply to the original Service Contract Purchaser. Service Contracts that have been transferred are not eligible for cancellation.
HOW TO TRANSFER THIS CONTRACT
Unless otherwise required by law, this Contract is non-transferable.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
ARBITRATION
READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.
To begin Arbitration, either You or We must make a written demand to the other party for Arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of the AAA Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019 or visiting www.adr.org. We will advance to You all or part of the fees of the AAA and of the arbitrator. Unless You and We agree otherwise, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. You agree and understand that this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. The arbitration action will take place in the county where You reside.
CLASS ACTION
Any claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. An arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION.
If You have any questions regarding these provisions, please call or contact Us at:
Dimension Service Corporation
Attention: Claims
5500 Frantz Rd., Suite 120
Dublin, OH 43017
[833-653-6610]
1. INSURANCE STATEMENT:
An authorized insurance company guarantees performance to the Purchaser under this Service Contract.
If the benefits as described are not provided within sixty (60) days after You provide proof of loss covered by this Agreement, then You may file a Claim with the insurance company. The name and address of the insurance company is: Insert Insurance Company Info Here.
2. DEFINITIONS
Throughout this Vehicle Service Contract, certain words and phrases are used that have specified meanings and appear in this Service Contract. Their definitions are listed below:
Activation Period, Waiting Period: Means ten (10) days from the original Contract Activation Date in which You can review this Contract.
Actual Cash Value (ACV): Means the “average trade-in” value for the Vehicle, adjusted for mileage as shown in the then-current N.A.D.A. Official Used Car Guide.
Administrator: Refers to Dimension Service Corporation, [5500 Frantz Road, Suite 120, Dublin, Ohio 43017], [(833) 653-6610].
Aggregate Limit of Liability: Means the maximum amount of benefits allowed during all Renewed Terms.
Breakdown, Failure: Refers to the inability or failure of any Covered Part to perform the function for which the manufacturer intended it through the normal use of Your Vehicle.
Contract, Service Contract, Vehicle Service Contract: Refers to this Vehicle Service Contract You have purchased from the Seller to protect Your Vehicle.
Contract Activation Date: Means the initial date of Contract purchase by You. A [TEN (10)] DAY AND [ZERO (0)] MILE ACTIVATION PERIOD BEGINS ON THIS DATE, DURING WHICH NO CLAIMS MAY BE FILED.
Contract Activation Mileage: Means the current odometer on the sales date of the contract
Contract Activation Payment: Means the payment received by the Administrator to activate Contract coverage.
Contract Renewal Date, Renewal Date: Means the date on which the Contract Renewal Payment is due and the Contract renewed for an additional thirty (30) day Contract Renewal Term.
Contract Renewal Payment, Renewal Payment: Means the amount due to your Seller to process the renewal of Your Contract. This amount is subject to change, but You will be provided sixty (60) days notice in advance of any changes.
Contract Renewal Term, Renewal Term: Means a period of thirty (30) days after the original Activation Period or the previous Renewal Term beginning from Renewal Date and upon receipt of Renewal Payment. There is no waiting or activation period for a Renewal Term.
Covered Part(s): Refers to the mechanical or electrical components described under the What is Covered By This Contract section as contained in this Service Contract which are original parts on Your Vehicle at the time of its purchase by You or like replacement parts meeting the manufacturer’s specifications.
Declaration Page: Means the document attached to and that forms part of this Vehicle Service Contract. It lists information regarding You, Your Vehicle, the coverage selected, and other vital information.
Deductible: Means the amount You must pay, as shown on the Declaration Page, per repair visit in the event of a Breakdown.
Deductible: Means the amount You must pay, as shown on the Declaration Page, per repair visit in the event of a Breakdown.
Emergency Repairs – Emergency repairs occur when our offices are closed and only for those repairs, which, if not performed, would render your vehicle inoperable or unsafe to drive and impair its future operation.
Named Component Coverage: Refers to the coverage afforded by this Contract. Only the parts and/or components specifically listed are covered.
Repair Facility: Refers to the Repair Facility that is, has, or will be performing repairs to Your Vehicle. Such facility must be licensed and/or approved by the state to perform automotive repairs. Such facility must work within labor rates and times as approved by the Administrator. Such facility must have a tax identification number, where required, and be capable of performing the needed repairs to Your Vehicle.
Seller: Refers to the entity from whom You purchased this Contract.
Vehicle: Refers to the Vehicle covered by this Contract as described on the Declaration Page of this Contract.
We, Us, Our, Provider: Refers to National Administrative Service Co., LLC (5500 Frantz Road, Suite 120, Dublin, Ohio 43017, (833) 582-1724), the entity that is obligated to perform under this Contract.
You, Your, His/Her, Contract Holder: Refers to the person named on this Contract as the purchaser of this Contract.
3. General Provisions
This Service Contract is between You and Us and is subject to all the terms and conditions contained herein:
Service Contract Coverage Period
This Contract shall be in effect as of the date the Contract was purchased from the Seller, provided this Contract is accepted by Us and shall continue in effect until canceled, terminated, non-renewed, voided, or the Limit of Liability has been reached. UPON CONTRACT PURCHASE, THERE IS A [TEN (10)] DAY AND [ZERO (0)] MILE ACTIVATION PERIOD BEFORE COVERAGE BEGINS. Any Breakdown which occurs during the activation period will not be covered.
We reserve the right to refuse, cancel, terminate or void any Contract that does not meet Our underwriting guidelines, is submitted with insufficient payment or if You make a material misrepresentation in obtaining this Contract or in submitting a claim. We further reserve the right to not renew Your Contract at any time for any reason. If We choose to do so, You will be given thirty (30) days notice in advance of non renewal. Payments scheduled after the non-renewal date will not be processed, or if already processed, will be refunded immediately.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
Coverage Provided
We will reimburse You or a Licensed Repair Facility for the costs to repair or replace Covered Parts that fail due to a Breakdown, less any applicable Deductible, provided You have met Your obligations as stated in this Contract (see How to File a Claim and Your Responsibilities for Service and Maintenance), and if the repair is not excluded under What Is Not Covered By This Contract.
At Our sole discretion, replacement parts authorized may be aftermarket, remanufactured, or of like-kind quality including used parts. Additionally, the Administrator reserves the right to determine acceptable parts costs in its sole discretion. Labor time for any repair shall be determined by the then-current All-Data labor guide, regardless of the labor time manual utilized by the Repair Facility. In determining Our cost, the labor rate per hour shall not exceed the average local labor rate charged within the zip code of the Repair Facility, as indicated in the Administrator’s database of Repair Facilities.
Deductible: In the event of a Breakdown covered by this Service Contract, you are required to pay a Deductible, as shown on the Declaration Page, per repair for covered Breakdowns.
Renewal Process: Upon acceptance by Us of the Renewal Payment upon each Renewal Date, this Contract will renew monthly for a subsequent thirty (30) day Renewal Term. All coverage will cease if the Aggregate Limit of Liability has been reached or upon non-renewal of Your Contract by You at any time (this may include a failure to collect the Renewal Payment due to any reason, either voluntary or involuntary). The Seller will attempt to process each Renewal Payment no later than ten (10) calendar days prior to the scheduled Renewal Date to allow time for notification and/or update to Your payment information on file to be processed. If the Administrator receives the Renewal Payment on or before the Renewal Date, Renewal Term will be in effect; otherwise, the Contract will terminate at the end of the current Renewal Term. To avoid a lapse in coverage, it is Your responsibility to ensure that the Seller has Your correct account and billing information at all times. Coverage must continue without any lapse in payment, or this Contract will not renew, and all coverage will cease. If coverage is terminated or not renewed, We will not reinstate Your coverage.
TERRITORY This Service Contract applies only to Mechanical Breakdowns in the United States or Canada.
LIMITS OF LIABILITY
1. Per Incident: Liability shall be limited to the reasonable price for repair or replacement of any covered part, not to exceed the manufacturer’s suggested retail price. The reasonable price is based upon nationally recognized flat rate and/or factory manuals. In no event will the liability for each Mechanical Breakdown covered under this Service Contract exceed the Wholesale trade-in allowance of Your Vehicle established by the current NADA Official Used Car Guide at the time of Mechanical Breakdown.
2. Aggregate limit for vehicles with less than 185,000 miles on the odometer at the time of breakdown: The aggregate limit of liability of all benefits payable for all renewed terms shall never exceed the Actual Cash Value (ACV) of Your Vehicle or [Fifty Thousand Dollars ($50,000)], whichever amount is less.
3. Aggregate limit for vehicles with 185,000 miles or more on the odometer at the time of breakdown: The aggregate limit of liability of all benefits payable for all renewed terms shall never exceed the Actual Cash Value (ACV) of Your Vehicle or [Ten Thousand Dollars ($10,000)], whichever amount is less. Unless You cancel under the provisions outlined in this Contract, services provided under this Contract will terminate when You sell Your Vehicle, and no further Claims can be made against Us.
Once the maximum limit of liability has been reached, this Service Contract and its cancellation rights terminate, and no further Claims can be made against Us. We will not be liable to You for consequential damages or injuries, nor for any costs or expenses that provide betterment, upgrade, or enhancement to Your Vehicle. This limit of liability applies regardless of the cause and regardless of the legal theory asserted. There are no warranties that extend beyond the description on the face hereof. The warranties of merchantability and fitness for a particular purpose are expressly excluded and disclaimed.
Right of Removal: In the event of any dispute between Us and the Licensed Repair Facility, we shall have the right, with Your permission, to move the Vehicle to a Licensed Repair Facility of Our choice.
Subrogation In the event that Coverage is provided under this Service Contract, We shall be subrogated to all the rights. You may have to recover against any person or organization arising out of any safety defect which is the subject of a voluntary or mandatory recall campaign, as well as out of any order, judgment, consent decree, or other settlement. You shall execute and deliver instruments and papers and do whatever is necessary to secure such rights. You shall do nothing to prejudice those rights. Further, all amounts recovered by You for which You have received benefits under this Service Contract shall belong to, and be paid to Us, up to the amount of benefits paid under this Service Contract.
OTHER SERVICE CONTRACTS, WARRANTIES, OR INSURANCE POLICIES The term of this Contract may include a portion of the manufacturer’s warranty issued to the original purchaser of the Vehicle. Coverage under this Contract is secondary to, and does not replace, the manufacturer’s warranty but may provide certain additional benefits during the term of the manufacturer’s warranty. If more than one service contract, warranty, or insurance policy can be applied to a Breakdown, coverage under this Contract shall be in excess over all other coverage, whether valid or collectible, except for benefits that may be applicable under ADDITIONAL GENERAL PROTECTION AND OTHER BENEFITS of this Contract
WHAT IS COVERED
If Your Vehicle has fewer than [one hundred eighty-five thousand (185,000)] odometer miles at the time of Breakdown, We will pay the Repair Facility or reimburse You for a Breakdown of any of Your Vehicle’s mechanical and electrical components, except those items listed in WHAT IS NOT COVERED BY THIS SERVICE CONTRACT.
All Claims Must Be Authorized By Us Prior to Repairs Being Started.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
ONCE YOUR VEHICLE’S ODOMETER HAS REACHED [185,000] MILES, EXCLUSIONARY COVERAGE EXPIRES.
If Your Vehicle’s odometer had reached [one hundred eighty-five thousand and one (185,001)] at the time of Breakdown, the following components are covered by this Service Contract. Any component not specifically listed in this Named Component Coverage is not covered.
[ENGINE ONLY] NAMED COMPONENT COVERAGE
GASOLINE or DIESEL ENGINE – All internally lubricated components, including pistons, piston rings and pins, crankshaft and main bearings, connecting rods and rod bearings, camshaft and bearings, timing chain and gear, intake and exhaust valves; valve springs; guides; oil pump; push rods; rocker arms; hydraulic lifters and rocker arm shafts. The engine block and cylinder heads are covered if damaged by an internally lubricated part specified above.
ADDITIONAL GENERAL PROTECTION AND OTHER BENEFITS
Additional Benefits are included with all plans. No deductible will apply to any of the Additional Benefits.
Alternate Transportation Reimbursement:
In the event of a Breakdown covered by this Contract, We will pay or reimburse You for receipted expenses to rent a replacement vehicle (from a licensed rental agency) or for rideshare expenses from an authorized rideshare company (Uber, Lyft) while Your Vehicle is at a Repair Facility. Coverage will be provided to You up to a maximum of [forty dollars ($40)] for every [eight (8)] hours or portion thereof of approved labor time to complete the covered repair with a [five (5)] day maximum, not to exceed [two hundred dollars ($200)]. You must submit receipts to the Administrator for reimbursement. Rideshare receipts must be in the general vicinity of the Repair Facility and include the date of the trip(s) and the cost of the rideshare. This coverage does not apply to service or parts delays or other time delays beyond Our control or that of the Repair Facility.
Towing Benefit:
In the event of a Breakdown covered by this Service Contract, We will pay or reimburse You for receipted towing expenses up to [one hundred dollars ($100)] per occurrence. Any payment made shall be for actual towing charges in excess of any applicable reimbursement from the manufacturer or any other towing coverage.
INELIGIBLE VEHICLES
The following vehicles are ineligible under this Contract:
1. Any vehicle that is older than the current calendar year minus eight (8) years or the Current Odometer Reading shown on the Declaration Page of this Contract exceeds sixty thousand (60,000) miles at the time of Contract purchase.
2. Any imported vehicle that does not meet U.S. federal motor vehicle standards.
3. Any vehicle with the following characteristics: dump bed, incomplete vehicles, or vehicles with special bodies designed for commercial use.
4. Any vehicle equipped with a snowplow or suspension/tire modification.
5. Any vehicle that has powertrain modifications or performance-enhancing add-on parts.
6. Any vehicle that is or will be used/equipped or identified as: competitive driving or racing, driven at an excessive speed on a racetrack, vehicles used for municipal or professional emergency or police services, taxi, or vehicles used for hire to the public or to transport people for hire.
7. Any vehicle that was reconstructed from salvage, declared a total loss, flood damaged, manufacturer buyback, declared a lemon, or if the original manufacturer’s warranty was voided for any reason.
WHAT IS NOT COVERED BY THIS SERVICE CONTRACT
1. This Service Contract excludes the following parts and services:
a. Any additional optional coverage, unless the optional coverage is selected and shown on your registration page, and the appropriate surcharge is paid.
b. Accessory drive belts, hoses and clamps, spark plugs and wires, clogged fuel injectors where a mechanical/electrical failure has not occurred, tires, wheels and wheel covers, wiper blades, standard transmission clutch parts (including pressure plate, clutch disc, pilot bearing, throw-out bearing, clutch engagement arm and pivot), steering wheel (except for integral electrical failures), batteries (either stand-alone or integral to a component), electric vehicle external charging stations, hybrid power packs, fuses, fusible links and circuit breakers, brake drums, rotors, pads and shoes, sub-frame, frame, frame bushings, retractable roof/convertible top, glass, lenses, light emitting assemblies (except for integral electrical failures), any individual light emitting device (i.e. bulbs of any type) that can be removed from an assembly, exhaust pipes, filters (except in conjunction with a covered repair), exhaust gas recirculation pipes/hoses and check valves, catalytic converter, conversion van appliances, door handles (except for integral electrical failures).
c. Loss of fuel, trim, upholstery, insulation, carpet, and paint, air or water leaks or wind noise, squeaks and rattles, jack and tool kit, wheel lugs and lug nuts, nuts, bolts, shop supplies, environmental waste charges or disposal fees, lost or missing parts, electronic diagnostic equipment fees, freight, vehicle body parts including but not limited to: bumpers, body panels, fasteners and mounts, moldings and outside ornamentation, bright metal parts, door stops, hinges, and weather stripping.
d. Any non-manufacturer installed parts, including but not limited to: turbochargers, superchargers, convertible tops, audio, navigation, and security systems.
e. Replacement of oil, lubricants, coolants, additives and/or other fluids, except in conjunction with the repair of a Covered Part. Replacement of A/C refrigerant and/or oil unless in conjunction with a leak resulting from the failure of a Covered Part.
f. The use of parts that improve the Vehicle beyond its condition immediately prior to the Breakdown.
g. Any service considered to be regular maintenance, or a service, labor, or adjustment operation completed to correct a complaint where a Covered Part has not failed.
h. For damage and/or breakdown caused by failure to replace leaking seals or gaskets in a timely manner. For damage and/or breakdown caused by the leaking or failure of any seal or gasket.
i. Suspension alignment (unless required in conjunction with the repair of a Breakdown).
j. Any part or repair that an Approved Repair Facility or manufacturer recommends or requires to be repaired, replaced, adjusted, or updated (including updating software or programming) in conjunction with a covered repair when a Breakdown of that part has not occurred. This includes modifications, replacement, or alteration of original systems necessitated by replacing an obsolete, superseded, redesigned, or unavailable part.
k. For voice recognition systems; perimeter warning systems or any part thereof; and infrared systems or any part thereof.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
2. This Service Contract excludes the following conditions:
a. Any Breakdown resulting from damage caused to a Covered Part by: impact or any other external force known or unknown, collision, bent or twisted parts, fire, terrorism, theft, vandalism, riot, explosion, restricted oil passages, rust or corrosion, salt, environmental damage, contamination, oxidation, carbon, sludge, varnish, damage caused when the engine exceeds the manufacturer’s maximum recommended operating temperature (as indicated by gauges, warning lights or audible warning sounds, warped or melted parts), lack of proper quality or quantity of fluids or lubricants, acts of nature including but not limited to lightning, earthquake, flood, windstorm, volcanic eruption, and freezing.
b. ANY PRE-EXISTING CONDITION WILL NOT BE COVERED. BREAKDOWNS THAT OCCUR DURING THE ACTIVATION PERIOD, OR BREAKDOWNS THAT WERE REPORTED AFTER THE EXPIRATION OF THIS CONTRACT.
c. Any repair(s) started without receiving prior authorization from Us, except for emergency repairs. (Please refer to the HOW TO FILE A CLAIM section.)
d. Any Breakdown caused by Your failure to follow the instructions in the YOUR RESPONSIBILITIES FOR SERVICE AND MAINTENANCE section or any Breakdown where maintenance records pertaining to a Breakdown have been requested by Us but cannot be produced or verified.
e. Any Breakdown caused by non-manufacturer alterations made to the Vehicle before or after the Contract Purchase Date. Alterations include but are not limited to: emissions equipment removal or modification, custom or add-on parts, trailer hitches, modification of powertrain components and/or their control systems, or offset rims.
f. Any loss if the Vehicle’s odometer has failed, been broken, disconnected, or altered, or if, for any reason, the Vehicle’s actual accumulated mileage cannot be determined.
g. Any charges or costs for inconvenience, loss of time, loss of income, commercial loss, or any other consequential losses or expenses not specifically covered by this Contract.
h. Any liability for consequential or incidental damage to property or injury or death of any person.
i. Any loss caused by faulty or negligent auto repair work, improper servicing, or installation of defective parts.
j. Any Breakdown if a manufacturer has announced its responsibility through any means, including but not limited to public recalls and special policies.
k. For any repair or replacement of any covered part if a failure of that part has not occurred, or repair or replacement of parts in connection with a covered repair when those parts are not necessary for the completion of the covered repair, or were not damaged by the failure of a covered part. Such repair or replacement is considered an improvement to your vehicle and is not covered by this service contract.
l. Any Breakdown covered by any limited warranty, manufacturer’s warranty, repairer’s guarantee, road club, or any other guarantee, warranty, or insurance policy, whether collectible or not.
m. The damage to a non-covered part resulting from the failure of a covered part, or damage of a covered part resulting from the failure of a non covered part.
n. For breakdowns that occur to your vehicle outside the United States of America or Canada.
o. For claims made if the service contract holder no longer owns the vehicle regardless of when the failure has occurred.
p. No coverage will be provided if your vehicle is used for business or commercial use such as but not limited to: rental, taxi, limousine or shuttle services, ride share enterprises, delivery, towing, road repair operations, construction, job site activities, hauling, police or emergency service, principally off-road use, racing or competitive driving, snow removal, route work, service or repair work, or any use involving regular multiple drivers.
q. No coverage will be provided for towing.
r. Road Service Benefit: the cost for fuel, labor to produce keys, replacement keys, and mechanical failure of locks or ignition system, any expenses not specifically mentioned as covered by this Contract, and any expenses that exceed Your benefit limit.
s. Rental Vehicle/Alternate Transportation: for expenses for fuel, insurance, tolls, GPS or similar equipment, or maintenance charges; for delays due to shop scheduling, and any expenses that exceed Your benefit limit.
t. For any breakdown resulting from an outside force including: road hazard, hail, water or flood, acts of God, salt, environmental damage, introduction of foreign objects, chemicals; contamination of fluids, fuels, coolants, or lubricants; any hazard insurable under standard physical damage insurance policies regardless of whether such insurance is in force. Damage resulting from coagulated coolants or oil sludge is not covered.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
3. This service contract excludes the following uses:
a. For any breakdown caused by the gradual reduction in operating performance due to normal wear and tear based on the age and mileage of the vehicle.
b. Any Breakdown resulting from neglect, abuse or misuse of the Vehicle, or failure to protect the Vehicle from further damage when any Breakdown has occurred, or if You have used the Vehicle in any manner not recommended by the manufacturer.
c. Any Breakdown caused by loading the Vehicle in any way beyond the limitations established by the manufacturer.
d. Any Breakdown resulting when the Vehicle is or will be used/equipped or identified as: driven on a racetrack, competitive driving or racing, taxi, or used for hire to the public or used to transport people for hire except for personal vehicles used by a single driver for on-demand ridesharing services (e.g., Uber, Lyft, etc.), vehicles used for municipal or professional emergency or police services.
HOW TO FILE A CLAIM
In the event of a Breakdown You must protect Your Vehicle from further damage. This may require You to stop the Vehicle (as is safe), turn off the engine, and/or have the Vehicle towed. Damage resulting from continued operation of an impaired Vehicle will be considered negligence and will result in denial of claim coverage.
You may take the Vehicle to any licensed Repair Facility, however, the Administrator reserves the right to select a different Repair Facility and/or move the Vehicle in the event that the Repair Facility selected by You charges for parts and labor in excess of amounts shown by All-Data flat rate labor guide, or does not meet the level of service necessary to insure proper repair of Your Vehicle.
You are required to authorize the Repair Facility to inspect and/or tear down Your Vehicle to determine the cause of the failure. You will be responsible for these charges if the failure is not covered under the terms of this Contract. If it is determined that the failure is covered, We will pay for the reasonable and customary cost of such tear-down and/or diagnosis. We will not review Your claim until You have authorized the inspection and/or tear down of Your Vehicle and the Repair Facility has provided Us the cause of Breakdown. We reserve the right to inspect Your Vehicle and service records prior to reviewing any claims for repairs.
You must ensure the Repair Facility calls the Administrator at [(833)-315-2146] prior to any work being performed on the Vehicle. The Administrator will ask the Repair Facility to supply the following information: a) Contract Holder’s Name, Address and Telephone Number; b) Year, Make and Model of the Vehicle; c) Vehicle Identification Number, License Plate Number and Current Odometer Mileage; d) Name, Address and Phone Number of the Repair Facility and Name of the Technician, e) Cause of Failure and the extent of damage, and f) A complete estimate of parts and labor time charges to repair the Breakdown. Authorization must be obtained from the Administrator prior to any repair.
If it is determined the failure is covered, the Administrator will confirm the cost of the repair and provide the Repair Facility with a claim authorization number. The repair cost that is approved by the Administrator is the maximum amount that will be paid for any covered repairs under the terms of this Contract. Any additional amount must receive prior approval from the Administrator. Payment will be made via direct billing, credit card, or reimbursement to You.
Once authorization is obtained and the repair has been completed, all repair orders and documentation must be signed by You and submitted to the Administrator within thirty (30) days from the date the repair to Your Vehicle was completed. All such documentation must show Our claim authorization number and be submitted to: Dimension Service Corporation, Attn: Claims, [5500 Frantz Road, Suite 120, Dublin, Ohio 43017].
You are responsible for the payment of the Deductible for each visit to the Repair Facility. If a Breakdown requires more than one (1) visit to repair, only one (1) Deductible applies to the original failure for which a claim was filed. Once a part is repaired or replaced under the terms of this contract, any Deductible amount for future repairs to that part will be waived. Present a copy of this document to the Repair Facility prior to proceeding with repairs.
Any claims made after the expiration of this Contract will be denied without regard to the date of the failure.
A Breakdown which renders the Vehicle inoperable or unsafe to operate for transportation purposes may occur when Our offices are closed. You may, at Your discretion, authorize the necessary emergency repairs. If any option of the repair carries over into Our normal business hours, You must have the repair facility stop working on the Vehicle and contact Us as soon as We are open for business. You are responsible for all expenses and repair costs if it is determined that the failure or the Breakdown does not qualify as an emergency repair as defined by this Contract. If it is determined that the repair is to be covered by this Service Contract, You will be reimbursed for the repair. Reimbursement is based on the Manufacturer’s Suggested Repair Price for Parts and the labor is based on a nationally recognized labor manual.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
YOUR RESPONSIBILITIES FOR SERVICE AND MAINTENANCE
Because this Vehicle Service Contract is not sold in conjunction with the purchase of the covered Vehicle, the Administrator may make certain assumptions in regard to Your Vehicle and its condition. The Administrator recognizes that You may have owned Your Vehicle prior to the purchase of this Contract. As such, the Administrator may wish to review maintenance records for services that pre-date the purchase of the Contract. If maintenance records cannot be provided upon request and the findings of an independent inspection confirm damage consistent with a lack of required maintenance, coverage under this Contract will be denied. To keep this Contract in force, You must:
A. Have the engine oil and filter changed by a commercial service facility every six (6) months as measured from Contract Activation Date and Contract Activation Mileage. In the event of a claim, properly documented and verifiable receipts for engine oil and oil filter changes must be provided upon request. Receipts must be computer generated on licensed Repair Facility letterhead/forms and include vehicle identification number, date and mileage at time of service.
B. Beyond requirements specified in Paragraph A. of this section, maintain Your Vehicle according to the Manufacturer’s Recommended Maintenance Schedule for Your Vehicle. For example, some manufacturers require that the timing belt be changed at specific time and/or mileage intervals. You must follow the manufacturer’s maintenance guidelines (including types and quality of products used in maintenance) to avoid denial of a claim and/or cancellation of this Contract. In addition, You must also follow the procedures described within this Contract under HOW TO FILE A CLAIM.
Note: Your owner’s manual has separate required maintenance schedules for “normal” and “more severe” operating conditions. You are required to follow the maintenance schedule that applies to Your conditions.
C. Be sure the proper grade of lubricants and coolants, as recommended by the manufacturer, are used in Your Vehicle.
D. Retain verifiable receipts for all parts and materials necessary to perform the required maintenance, regardless if the work was performed by You or a licensed Repair Facility. Verifiable receipts would be repair orders from a Licensed Repair Facility and/or a self-maintained maintenance log that has corresponding “purchase receipts” for oil, filter, coolant, brake system flush, etc. The “purchase receipts” that do not reflect a date within two (2) weeks of the service date is not acceptable. A self-maintained log without corresponding “purchase receipts” is not acceptable as “Proof” of maintenance.
Repair orders from a Licensed Repair Facility must be readable and understandable, with customer complaint and repair diagnosis, parts, labor hours, vehicle identification number, date, Vehicle mileage, Your name and signature, repair facility name address and phone number, repair totals, Deductible (if applicable), and method of payment to satisfy the repair order. “Proof” of maintenance and/or Your self-maintained log, with corresponding original receipts, may be requested by the Administrator for related repairs.
HOW TO CANCEL THIS CONTRACT
By You: You may cancel this Service Contract at any time by returning to the Seller or directly to Us to complete and sign a cancellation form or by mailing written notice to Us of Your desire to cancel the Service Contract with the following information: 1. Your name and address, 2. Your VIN, 3. Your contract number, 4. Your odometer reading at the time of Your cancellation.
Your request for cancellation must be made to Us no later than thirty (30) days of the date that the cancellation is to be effective.
By Us: After this Service Contract has been in force for more than thirty (30) days, we may cancel this Service Contract only for: Non-payment of the Service Contract purchase price, intentional misrepresentation in obtaining the Service Contract, intentional misrepresentation in the submission of a Claim; or Discovery of an act or omission by You or a violation of any of the conditions of this Service Contract which occurs after the purchase date of this Service Contract and which substantially and materially increases the service required under this Service Contract.
We may cancel this Service Contract by mailing written notice to You at Your last known address at least ten (10) days prior to the effective date of cancellation with the reason for the cancellation in the notice.
Refund Calculation: If this Contract is cancelled within the first sixty (60) days and no Claim has been made under this Service Contract, the Service Contract will be void and We will refund to You the full amount of money paid by You. This right to void the Service Contract is not transferable and applies only to the original Service Contract Holder. If the purchase price of Your Service Contract has been paid in full at the time of Your cancellation request and You cancel this Service Contract after the first sixty (60) days or if a Claim has been authorized or paid, You will be refunded a pro- rated amount of the Service Contract Purchase Price, based on the lesser of the months or miles remaining, less any Claims paid on the Service Contract where applicable by law. An administrative fee of fifty dollars ($50.00) will be deducted from the cancellation refund. (In the event of a cancellation due to repossession only, Claims paid shall not be deducted from any cancellation refund due. In the event Your Service Contract is cancelled for non-payment, You forfeit all refund rights under this Service Contract). If We cancel this contract and no Claim has been paid, You will receive a refund of the full amount of money paid by You. No cancellation fee will apply in the event We cancel this Contract.
Limited Rights of Lienholder: If we have notice of a Finance Company and a Discharge of Lien is not provided, payments made will apply only to Your Service Contract, not Your Vehicle. The Lienholder shown on the Declaration Page may cancel Your Service Contract in the event of Your non-payment of the Service Contract charge.
If the purchase price of Your Service Contract has not been paid in full at the time of Your cancellation request, any refund due may be fully or partially paid to the Lienholder or other party responsible for collecting payment on Your Service Contract, as listed on the Declaration Page, or any separate payment plan agreement entered into at the time of purchase.
NOTE: We agree to pay on behalf of the Seller, the unearned refund based on consideration We received from the Seller. The Seller agrees to pay the unearned portion of the commission originated from the sale of this Agreement. Neither the Seller’s Administrator, claims service, nor the Seller’s insurer can be held liable for return of the Seller’s commission or any part thereof as paid under this Agreement.
These Cancellation Provisions apply to the original Service Contract Purchaser. Service Contracts that have been transferred are not eligible for cancellation.
HOW TO TRANSFER THIS CONTRACT
Unless otherwise required by law, this Contract is non-transferable.
NO CLAIMS WILL BE PAID WITHOUT PRIOR AUTHORIZATION! CLAIMS: [(833)-315-2146]
ARBITRATION
READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.
To begin Arbitration, either You or We must make a written demand to the other party for Arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of the AAA Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019 or visiting www.adr.org. We will advance to You all or part of the fees of the AAA and of the arbitrator. Unless You and We agree otherwise, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. You agree and understand that this arbitration provision means that You give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. The arbitration action will take place in the county where You reside.
CLASS ACTION
Any claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. An arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION.
If You have any questions regarding these provisions, please call or contact Us at:
Dimension Service Corporation
Attention: Claims
5500 Frantz Rd., Suite 120
Dublin, OH 43017
[833-653-6610]
