Vehicle Service Plan
Terms and Conditions

I. AGREEMENT

The Declarations Page and Vehicle Service Plan Terms and Conditions make up the entire Agreement (the “Agreement”) between You and Us regarding the Coverage and related benefits for Your Vehicle. This Agreement begins on the Effective Date and ends on the Expiration Date or when the Expiration Mileage has been reached on the Vehicle Odometer, whichever occurs first.

II.DEFINITIONS

Throughout this Agreement, the words “You” and “Your” refer to the named Agreement holder as shown in the declarations page. This Agreement is between [QBE Administration Services, Inc.] (the Obligor) and You. The words “We“, “Us” and “Our” refers to the Obligor providing this Agreement. Other words and phrases that appear in bold face type have special meaning. They are defined as follows:

1. Administrator means [QBE Administration Service, Inc.] You may contact the Administrator’s office at any time for coverage questions or receive assistance in filing a claim at [1-800-773-9980], [P.O. Box 372790, Denver, CO 80237-9714].
2. Approved Vehicle means the vehicle identified by the VIN in the Declarations Page.
3. Coverage means the Coverage You selected for the Approved Vehicle as fully described under Section COVERAGES.
4. Covered Part: if you purchased the olive powertrain Coverage or the olive powertrain plus Coverage, Covered Parts are the parts installed at the time of the manufacturing of the Approved Vehicle that are specifically listed after each component group heading of the Coverage plan purchased. Any part not listed on the Coverage You purchased is not covered, regardless of the cause for its failure.

   If you purchased the olive complete care Coverage, all parts installed at the time of the manufacturing of the Approved Vehicle are covered, except for those parts and services found in Section VI. EXCLUSIONS of this Agreement. Repairs needed to a non-covered part caused by the Mechanical Breakdown of a Covered Part will also be covered under the olive complete care Coverage.

5. Deductible: The amount shown in Item 3. of the Declaration Page for which You are responsible to pay to the repair facility in the event of a claim being covered by this Agreement. This does not include any non-covered repairs or expenses which You will be responsible for.
6. Effective Date means the date on which Your Agreement will become effective, for the Coverage You have selected.
7. Emergency Repair means a necessary repair to Your Approved Vehicle at a state licensed repair facility when the Administrator’s offices are closed.
8. Expiration Date means the date shown on the Declarations Page that will cause this Agreement to expire, even if the Expiration Mileage has not been reached.
9. Expiration Mileage means the maximum total mileage indicated on the Vehicle’s odometer that will cause this Agreement to automatically expire, even if the Expiration Date has not been reached.
10. Mechanical Breakdown means the failure of a Covered Part to perform its intended function due to defects in materials or faulty workmanship in its manufacturing. This does not include the normal reduction in operating performance of a Covered Part due to normal wear and tear, including parts in which wear tolerances that are outside the manufacturer’s specifications are exceeded that are not due to defect in material or faulty workmanship in the manufacturing of a Covered Part. (Please refer to Section EXCLUSIONS for other exclusion that may apply). Leaks of a Covered Part will only be considered a Mechanical Breakdown if it is an active leak to a drip. Seepage and/or buildup is considered normal and will not be covered.
11. Retail Value of the Vehicle means the retail value of the Vehicle at the time of repair or service, as determined by NADA (https://www.nadaguides.com/Cars), taking into consideration the location, mileage and condition of the Approved Vehicle.
12. Vehicle Identification Number (VIN) means the seventeen alpha-numeric identifiers assigned to a motor vehicle by the manufacturer.

III. HOW TO MAKE A CLAIM

1. 1. If the Approved Vehicle is inoperable, and to prevent any further damage, immediately stop the vehicle and call for towing or roadside assistance. It is Your responsibility to use all reasonable means and precautions to protect the Approved Vehicle from further damage. Continued operation of the Approved Vehicle after any Mechanical Breakdown shall constitute failure to protect the Approved Vehicle. Any damage from failure to protect the Approved Vehicle shall not be recoverable.
   2. Prior to starting repairs, the repair facility must contact the Administrator’s claims office at [1- 800-773-9980] with diagnosis and estimate of repairs. If You experience an Emergency Repair when a covered Mechanical Breakdown occurs when the Administrator’s office is closed, You must have the repair facility contact the Administrator during the next business day. Failure to contact the Administrator and report the claim on the next business day may result in nonpayment (see Section VI. EXCLUSIONS).
   3. You must authorize Your chosen state licensed repair facility to inspect and diagnose the Mechanical Breakdown, as necessary, to determine the cause of failure and the cost of parts and labor to repair. IMPORTANT: You must call the Administrator prior to any engine or transmission disassembly. You are responsible for the cost of disassembly in the event the Mechanical Breakdown is NOT payable under this Agreement (see General Agreement Exclusions).
   4. If requested, permit inspection of the Approved Vehicle by the Administrator BEFORE repairs are performed.
   5. Upon request, provide proof of maintenance (see YOUR RESPONSIBILITIES).
   6. You must pay the Deductible and any other non-covered expenses as applicable.
   7. Payment for covered Mechanical Breakdowns will be made to either the repair facility or You in accordance with Agreement provisions within thirty (30) days after receipt of the repair order. Repair orders must be received by the Administrator within ninety (90) days of completion of repairs and the repair order must be signed by You. Failure to sign repair order may cause delays in processing Your claim.

Claims mailed in without prior authorization from the Administrator will be denied.

IV. COVERAGES

1. olive powertrain Coverage

If You elected the olive powertrain Coverage, the following parts listed after each component group heading are covered:

Engine: Engine block; cylinder head; rotor housing (rotary engine); oil pan; valve cover; timing cover; all internally lubricated parts contained within the engine block, cylinder head, or rotor housing; oil pump; timing chain, timing chain gears and timing chain tensioners; timing belt and timing belt tensioner; balance belt; variable valve camshaft actuator (not the variable valve solenoid); intake and exhaust manifolds (If the catalytic converter is permanently attached to the exhaust manifold, the exhaust manifold will not be covered if the mechanical breakdown is the catalytic converter.); harmonic balancer; engine mounts; water pump; flywheel or flexplate.

Transmission, transaxle and transfer case: Case housings, housing covers and pans; all internally lubricated parts contained within the housings; torque converter; viscous couplings; vacuum modulator; transmission mounts; transfer case shift/encoder motor; transmission/transaxle range position sensor/switch.

Drive axle (includes FWD, 4WD and AWD vehicles): Front and rear drive axle housings and covers; all internally lubricated parts contained within the drive axle housings; axle shafts; constant velocity joints and boots; driveshafts; universal joints; flex discs; driveshaft center support bearing; driveshaft yokes; 4WD engagement actuators and motors; 4WD manual locking hubs.; all seals and gaskets forth

Air and Fuel System: Fuel pumps; supercharger/turbocharger housing and all internal parts of the housings (does not include wastegates or other attaching parts).

Seals and Gaskets: Seals and Gaskets are covered for only the listed parts in this section.

2. olive powertrain plus Coverage

If You elected the olive powertrain plus Coverage, your Coverage includes olive powertrain and the additional listed parts shown for olive powertrain plus

Odometer & Speedometer: Odometer and speedometer and their cables and connectors.

Steering: Steering gear assembly; rack and pinion housing all internally lubricated parts contained within the housing; power steering pump and it’s reservoir; seals and gaskets for the steering gear assembly and the rack and pinion housing; power steering pump pulley; steering column shafts, their couplings and bearings; tie rod ends; pitman arm, idler arm, and all other steering linkages; power steering metal lines.

Front Suspension: MacPherson struts; upper and lower control arms; control arm shafts and bushings; upper and lower ball joints; Front wheel hub and bearing; steering knuckles and spindles; stabilizer bar, stabilizer bar bushings and links; coil springs; torsion bars.

Brakes: Master cylinder, vacuum or hydro booster; calipers; wheel cylinders; equalizer and distributing valves, proportioning valve.

Interior Climate Control; A/C Compressor, compressor clutch and it’s pulley; accumulator; receiver dryer; evaporator; condenser; serpentine belt tensioner and idler pulley; expansion valve; orifice tube; A/C pressure switches, blower motor and blower motor resistor.

Electrical – Alternator; voltage regulator; starter motor; starter solenoid; manually operated electrical switches; ignition switch; wiper motors; electronic ignition control module; radiator fan relay; wiring harnesses; and electrical components of a heated back glass defroster. NOTE: Heated backglass coverage is for electrical components only and does not include general glass or other physical damage.

Seals and Gaskets: Seals and Gaskets are covered for only the listed parts in this section

3. olive complete care Coverage

If You elected the olive complete care Coverage, all parts installed at the time of the manufacturing of the Approved Vehicle are covered, except for those parts and services found in Section V Exclusion section of this Agreement. Repairs needed to a non-covered part caused by the Mechanical Breakdown of a Covered Part will also be covered under the olive complete care plan.

4. Additional Benefits of the Agreement

Towing Reimbursement:
If towing is necessary because a covered Mechanical Breakdown occurs or services provided by Your Coverage are required, We will reimburse You for towing costs up to $100 per covered claim occurrence.

Car Rental:
If Your Approved Vehicle becomes inoperative due to a Mechanical Breakdown that is covered by this Agreement or any repair being covered under a manufacturer’s warranty, We will pay for Car Rental reimbursement up to $35 per day, not to exceed 5 days for a total of $175 for any one (1) period. Car Rental will be based on the number of labor hours approved for the Mechanical Breakdown repair. Each eight (8) hours or portion thereof of approved labor counts as one (1) day Car Rental. In the event the Approved Vehicle needs to be inspected by Us, We will pay up to an additional two (2) days Car Rental. Car Rental is not provided for delays because of shop scheduling or for work not covered by this Agreement. Car Rental will be reimbursed only upon receipt of an invoice from a licensed car rental agency.

V. YOUR RESPONSIBILITIES

To obtain coverage or reimbursement under this Agreement, You must: (i) properly operate the Vehicle and (ii) provide proof of scheduled maintenance services. Proof of scheduled maintenance services includes maintenance records that show mileage, date of maintenance service, VIN and the maintenance that was performed.

Scheduled maintenance service requires periodic service checks based on mileage and/or time intervals based on the year, make and model of Your Vehicle. Please review the Owner’s Guide for Approved Vehicle for Your scheduled maintenance service requirements. If You perform Your own scheduled maintenance services, You must maintain a log including date, mileage and description of each maintenance service and provide corresponding receipts for purchases of parts and fluids. Covered Parts that require replacement at certain time and/or mileage intervals are not covered due to scheduled maintenance service requirements. In the event a Covered Part was not replaced at its prescribed replacement interval it will not be covered in the event a Mechanical Breakdown occurs.

VI. EXCLUSIONS

This Agreement Excludes the Following:

1. Any claim submitted without the authorization of the Administrator prior to starting any repairs. (see How to Make a Claim)
2. Any Mechanical Breakdown or damage resulting from continued operation, such as not stopping Your Vehicle immediately or having it towed or caused by Your failure to take reasonable precautions to prevent further damage when an apparent problem exists (see section III. HOW TO MAKE A CLAIM).
3. The repair or replacement of any Covered Part if a Mechanical Breakdown has not occurred.
4. Any costs incurred for diagnostics or disassembly work if a Mechanical Breakdown is not covered by this Agreement (see X. PAYMENT OF COVERED REPAIRS).
5. Any preexisting conditions (a condition that already existed on the Approved Vehicle when You purchased Your Agreement) or any Mechanical Breakdown occurring prior to the Effective Date of the Agreement, whether it be known or unknown.
6. Any repair or replacement of a Covered Part that has failed due to normal wear and tear and not due to a defect in material or faulty workmanship in the manufacturing of a Covered Part.
7. Repair or replacement of an engine due to oil consumption, loss of compression or misfires (which may cause a check engine light), if the only problem is due to normal wear and tear such as worn piston and/or piston rings, lining up of piston rings, worn engine block, worn valves or valve guides, or carbon/sludge build up on these parts.
8. Any environmental surcharges, waste disposal fees, shop supplies, and other similar miscellaneous charges.
9. For olive powertrain Coverage and olive powertrain plus Coverage: Any part that is not listed for coverage is not covered.
10. Any non-covered parts or services, including but not limited to, the performance of normal maintenance services as set forth in the owner’s guide for the Approved Vehicle, scheduled replacement of parts and wear items, and parts and services such as: adjustments of any type unless required with a repair being covered by this Agreement; all rubber, plastic and metal lines, hoses and tubes; fittings and connectors for lines, hoses and tubes; spark plugs; tune-ups; fan, engine, and serpentine belts; all filters; oil drain plug and oil filter housing caps and covers; glow plugs; engine block plugs (also called Welch or freeze plugs); adjustments to carburetors or fuel injection systems; complete exhaust systems including catalytic converters and particulate filters; brake rotors; brake drums; brake shoes; brake pads; brake springs and other brake mounting hardware; all batteries; external charging stations or systems; battery cables and connectors; fuses and circuit breakers; clutch slave and master cylinder; clutch disc, pressure plate, throw-out (release) bearing, dry clutch assemblies for automatically shifted manual transmissions, and pilot bearings; body and frame mounts; wheel alignments; wheel balance; tires, wheels and rims; flushing or cleaning of any system; wiper blades and arms; clamps; attaching hardware; grommets; glass; mirror glass; body parts; body and glass seals; paint/trim; soft trim; moldings; bright metal and chrome; door and window weather stripping; upholstery; fabric; convertible top frames and upholstery; electronic device software; digital video and compact audio discs; all HID, LED, halogen bulbs and standard incandescent bulbs; headlight, taillight, turn light and all other all other lighting assemblies; freight and core charges; any part that was not originally installed by the manufacturer; oil, coolant, additives, and refrigerants or other fluids, except in conjunction with the repair of a Covered Part (this is limited to necessary amounts required to refill the system one (1) time for the repair of the Covered Part); nuts, bolts, and fasteners except when required to complete a covered repair on a Covered Part.
11. Any part that a repair facility or manufacturer recommends or requires to be repaired, replaced, or is an update (including updated software or programming), and is not a Mechanical Breakdown. This includes modifications, replacement or alteration of existing parts or systems necessitated by the replacement of an obsolete, superseded, or unavailable part, and improper maintenance or repair.
12. Any Mechanical Breakdown or damage resulting from misuse; abuse; negligence; damage due to overcharging; jump starting; allowing an electric or hybrid drive vehicle’s high voltage drive battery to reach zero or near zero; exposing the vehicle to temperatures above 120 degrees Fahrenheit over 24 hours or -13 degrees Fahrenheit for over 7 days; use of any electric or hybrid vehicle charger not recommended by the manufacturer;
13. Any Mechanical Breakdown or damage resulting from collision or upset; fire or smoke; theft or attempted theft; vandalism; riot or civil commotion; acts of war or invasion; terrorism; explosion; lightning; earthquake; freezing; rust or corrosion; windstorm; hail; water or flood; acts of God; salt; pollution or contamination; environmental and road hazard damage; chemical or nuclear incident; ionizing radiations or contamination by radioactivity from any irradiated nuclear fuel.
14. Any Mechanical Breakdown caused by a lack of required maintenance as set forth under Section V. YOUR RESPONSIBILITIES; contaminants or contaminated fluids, fuel, coolants, oils, and lubricants; foreign objects; improper amounts or types of lubricants, fuels, or coolants; sludge and/or varnish.
15. Any loss or expense that is a direct result of a mechanical or structural defect for which a manufacturer has announced a recall or other announcement for the purpose of correcting a defect, or the repair of any part covered by the Federal Emission Warranty, whether collectable or not.
16. Any vehicle that currently has or at any time has had an altered, or inoperative odometer that has been left unrepaired, whether such repair is covered by this Agreement or not.
17. Any vehicle modified or altered with, but not limited to, high performance, off-road equipment, and/or battery/electrical system that is not original factory equipment, done before or after the Effective Date of this Agreement. Any vehicle used for any type of competitive driving or racing.
18. Any vehicle that is used or equipped with any of the following: Any tire or wheel sizes and/or offsets not recommended by the manufacturer. Any vehicle equipped with a lift kit or has any parts that are used to lift a vehicle or its suspension.
19. Mechanical Breakdown or failure as a result of spinning of tires or over revving.
20. Any vehicle used for pulling a trailer, unless the vehicle was properly equipped beforehand for this purpose as recommended by the manufacturer.
21. Any vehicle that is reconstructed from salvage; declared a total loss; is a manufacturer or Dealer buyback; declared a lemon; the vehicle identification number has been changed or altered; or if the original manufacturer’s warranty has been voided for any reason.

22. Any loss or expense if Your Approved Vehicle is used for the following: Any commercial or business use (full or part time), taxi, livery or ride share services; municipal, volunteer or professional emergency services; fleet or pool services; towing a trailer whose weight exceeds the manufacturer’s recommendations for that vehicle, or is used for any snowplowing.
23. Any vehicle that has the following characteristics: step-van; high-cube van; box body; cab and chassis or other incomplete vehicle; right hand steering; any vehicle that has business related equipment permanently mounted to the chassis or bed of the vehicle; or that have special bodies designed for construction, hauling or delivery.
24. Any vehicle not originally manufactured to be sold in the U.S. meeting U.S. specifications, commonly known as a gray market vehicle.
25. Consequential damages to non-covered parts caused by the failure of a covered part are excluded from coverage Unless you have purchased the olive complete care Coverage.
26. Our liability for incidental and consequential damages including, but not limited to, personal injury, physical damage, property damage, loss of use of Your Approved Vehicle, loss of time, inconvenience, and commercial loss resulting from the operation, maintenance, or use of Your Approved Vehicle is expressly excluded.
27. Any Mechanical Breakdown covered by any limited warranty, manufacturer’s warranty, manufacturer’s and/or dealer customer assistance program, repairer’s guarantee, road club, or any other guarantee, warranty, or insurance policy, whether collectible or not. It is Your responsibility for making sure that all remaining manufacturer’s original warranties are transferred to You.
28. Loss, damage, cost, expense, or any other sum payable under this Agreement of whatsoever nature directly or indirectly caused by, resulting from or in connection with:
    • any actual or threatened unauthorized, malicious, or criminal act, or series of actual or threatened unauthorized, malicious, or criminal acts, or any hoax relating to any of these.

(b) any failure to act, error, omission or accident or series of related failures to act, series of related errors, series of related omissions or series of related accidents; or

(c) partial or total unavailability or failure, or series of related partial or total unavailability or failures,

involving or affecting the use or operation of, access to, or the processing of any computer, hardware, software, data, information technology and communications system, electronic device, server, cloud or microcontroller including any similar system or any configuration of the aforementioned, and including any associated input, output or data storage device.

We shall not provide cover nor be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Us or any member of Our group to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of any country.

VII. LIMIT OF LIABILITY

This Agreement is limited to the repair or replacement of a failed Covered Part, due to a covered Mechanical Breakdown, only to restore the Approved Vehicle to the same or like condition prior to the Mechanical Breakdown. The aggregate total of all claims paid will not exceed the Retail Value of the Vehicle at the time of a current claim. Once this limit has been reached no further claims will be payable.

VIII. PARTS REPAIR AND REPLACEMENT

Replacement of parts shall be made with parts of like kind and quality, which may include new, remanufactured, rebuilt, refurbished, reconditioned, or used parts. Aftermarket parts that meet original equipment specification may also be used. At times it may be necessary

to request repair facilities to send out parts for refurbishing at special facilities. You may also request a betterment offer in which you may pay the difference between the part We will authorize and part you wish to use (Example: We will authorize a rebuilt part but You wish to use a new part. We will pay the amount that we would authorize towards the new part and you will pay the difference.)

XI. REPAIRERS GUARANTEE

Any repair facility repairing Your Approved Vehicle for a Mechanical Breakdown covered by this Agreement is fully responsible for that repair for the term of the warranty indicated on the repair order (minimum ninety (90) days). This Agreement has no liability for similar repairs to the same part(s) during the warranty period. If more than one mechanical breakdown contract or insurance policy can be applied to a Mechanical Breakdown covered by this Agreement, then this Agreement shall be excess over all other contracts or policies, regardless of collectability.

X. PAYMENT OF COVERED REPAIRS

We will pay for the reasonable cost or reimburse You for the reasonable cost to repair a covered Mechanical Breakdown (diagnostic and repair time are allowed only for Covered Repairs and as indicated in a current edition of a Mitchell or AllData labor guides, or in the event there is a Technical Service Bulletins (TSB) We will use that published time listed on the TSB.), when repaired by a state licensed repair facility or, if necessary, We will arrange for the repair of such covered Mechanical Breakdown at Our expense. The payment of sales tax on Covered Repairs will be made in accordance with the regulations of the taxing authority in the state where Your Approved Vehicle has been repaired. Payment of covered Mechanical Breakdowns will only be released upon the receipt of a verifiable invoice signed by the Agreement holder shown on the Declaration Page or the person to whom this Agreement was properly transferred, indicating that the authorized repairs were properly performed and completed. Failure to sign the repair order may cause delays in processing Your claim. In the event We will be reimbursing you for repairs, reimbursement will be made via electronic fund transfer and We will contact you with instructions for this.

XI. DEDUCTIBLE

The deductible is the amount stated on the Declarations Page that You must pay for each repair visit.

XII. GENERAL PROVISIONS

1. Dispute Resolution & Arbitration

Any controversy or claim arising out of or relating to this Agreement or the breach thereof, may be settled by mutually agreed upon arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law to procedure and evidence will apply.

2. Fraud or Misrepresentation

This Agreement is issued in reliance upon the truth of all representations made by You. We will not pay a claim where You have made any misrepresentations, omissions, concealment of fact or made incorrect statements that were fraudulent or are material in either Our acceptance of the risk or hazard from the Agreement holder:

3. Transferability

You may transfer the remaining coverage of the Approved Vehicle under this Agreement, if You or the transferee of this Agreement initiates the transfer process and provides the following items to Us, within thirty (30) days of the Approved Vehicle sale:

(i) a statement of the mileage on the Vehicle at the time of transfer; and

(ii) the name, address and phone number of the transferee.

You may not transfer coverage if the Approved Vehicle becomes ineligible for coverage or is repossessed. Transferred Agreements may not be cancelled by You.

4. Legal Action Against Us

No suit or action may be brought against Us unless there has been full compliance with all terms of this Agreement.

5. Right to Recover

If anything is paid under this Agreement and You have the right to recover from another party, Your rights became subrogated to Us up to the amount paid. You must do whatever is necessary to enable Us to enforce these rights.

6. No Benefit to Bailee

We do not cover, directly or indirectly, any person or organization transporting or holding property for a fee.

7. Non-Renewal

We are under no obligation to renew this Agreement. Once We choose to non-renew this Agreement or condition its renewal upon changes of limits or elimination of any Coverages, We shall mail or deliver written notice to You at least thirty (30) days before the end of the Agreement’s Expiration Date. The notice of non-renewal or conditional renewal shall include the reason for non-renewal or conditional renewal, which may be based on Your involvement in an accident, a change in, or addition of, a Vehicle or an insured; a change in the location of the use or storage of the Vehicle, payment of claims filed by You or someone else, or other reasons that are both lawful and not unfairly discriminatory.

8. Entire Agreement

This Agreement represents the entire agreement between You and Us. No person has the authority to change this Agreement or to waive any provisions.

9. Territory

This Agreement applies to a Mechanical Breakdown occurring within the United States of America or Canada.

XIII. CANCELLATION AND REFUNDS

1. Cancellation

a. You may cancel this Agreement by returning it to Us; or by notifying Us in writing when, at a future date, cancellation is to take effect.

b. We may only cancel this Agreement for the following reasons:

i. Nonpayment of premium.

ii.Fraud by

iii. Material misrepresentation by

iv. Gross negligent acts or omissions by You which substantially increase the hazards insured against; or

v. Physical changes in the property causing it to be uninsurable.

If We cancel due to nonpayment of premium, We will give you at least ten (10) days advance written notice. If We cancel because of fraud or material misrepresentation by You, We will give You at least twenty (20) days written notice. If We cancel for any other reason, We will give You at least thirty (30) days advance written notice. Notice of cancellation shall state the reason for cancellation. Proof of mailing will be sufficient proof of notice.

A lienholder or financer of this Agreement, if any, may cancel this Agreement for nonpayment or if the Vehicle is declared a total loss or is repossessed by providing written notice of cancellation at least ten (10) days before the effective date of cancellation. If the Agreement is canceled for any of these reasons, any refunds will be issued to the lienholder on behalf of Your account.

2. Refunds

If We receive a written cancellation request, including a copy of Your Application and proof of payment on or before the 30th day from the Signature Date or Effective Date and no claims have been filed under this Agreement, We will cancel this Agreement and refund any premium paid either to you, or if there is a lienholder or financer, back to the lienholder or financer.

If We receive a written cancellation request, including a copy of Your Application and proof of payment after the 30th day or if a claim has been filed at any time during the term of this Agreement from the Signature Date or Effective Date, We will refund Your premium on a pro rata basis either to you, or if there is a lienholder or financer, back to the lienholder or financer.

XIV. AGREEMENT INSURED BY

This Agreement is not an insurance policy. However, We have an reimbursement insurance policy in effect with QBE Insurance Corporation, [P.O. Box 372390, Denver, CO 80237-9714], [1-800-773-9980]. You are entitled to make a direct claim against QBE Insurance Corporation, upon Our failure to perform under the Agreement within sixty (60) days after the repair order has been filed with Us. QBE Insurance Corporation, which issued the reimbursement insurance policy, shall pay on behalf of Us any sums We are legally obligated to pay or shall provide the service which We are legally obligated to perform according to Our contractual obligations under the Agreement issued or sold by Us.

XV. STATE SPECIFIC PROVISIONS

This Agreement is amended, and the language below governs if You purchased this Agreement in the state listed below:

ALABAMA:

Refunds: If You have not received Your refund amount within forty-five (45) days of Your cancellation request, You are entitled to receive ten percent (10%) of the refund amount outstanding for every month that the refund is delayed.

ALASKA:

Cancellation and Refunds:

a. The Agreement must allow You to cancel the Agreement not later than 30 days after the date that the Agreement was delivered to You. If You return the Agreement to Us within the applicable time period and a claim has not been made under the Agreement before the Agreement is returned to Us, the Agreement is void, and We shall refund the full amount of the provider fee to You or credit Your account not later than 45 days after the return of the Agreement to Us. If We do not pay or credit a refund owed under this subsection not later than 45 days after You return the Agreement, a penalty in the amount of 10 percent of the provider fee paid by You for each month the refund remains unpaid shall be added to the refund.

b. After the time specified in (a) of this section, or if a claim has been made under the Agreement within that time, You may cancel the Agreement, and We shall refund to or credit Your account the prorated amount of the unearned Provider Fee, less any claims paid, not later than 45 days after the return of the Agreement to Us. If We do not pay or credit a refund owed under this subsection not later than 45 days after You returns the Agreement, a penalty in the amount of 10 percent of the unearned provider fee paid by You for each month the refund remains unpaid shall be added to the refund. We may charge a reasonable cancellation fee of 7.5 percent of the unearned provider fee paid by You.

c. The Agreement shall state the terms, restrictions or conditions governing cancellation of the Agreement by Us. We may only cancel the Agreement for:

i. nonpayment of the provider fee.

ii. conviction of You of a crime having as one of its necessary elements an act increasing a hazard covered by the

iii. discovery of fraud or material misrepresentation made by You or a representative of You in obtaining the Agreement or by You in pursuing a claim under the

iv. discovery of a grossly negligent act or omission by You that substantially increases the hazards covered by the

v. physical changes in the property covered by the Agreement that result in the property becoming ineligible for coverage under the Agreement; or

vi. a substantial breach of duties by You related to the covered motor Vehicle.

d. We shall mail a written notice to You at Your last known address contained in Our records at least five days before cancellation by Us. The notice shall state the effective date of the cancellation and the reason for the cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or fraud or a material misrepresentation by You in obtaining the Agreement or by You in pursuing a claim under the Agreement. If We cancel the Agreement, We shall refund or credit to the Your account the prorated amount of the unearned provider fee, less any claims paid, within 45 days after the return of the Agreement to Us. If We do not pay or credit a refund owed under this subsection within 45 days after We cancel the Agreement, a penalty in the amount of 10 percent of the unearned provider fee paid by You for each month the refund remains unpaid shall be added to the refund.

ARIZONA:

Cancellation and Refunds:

a. This Agreement may be cancelled by You at any time during the Agreement period. To cancel this Agreement, You must return this Agreement to Your Selling Dealer or the Administrator.

i. If You cancel during the first thirty (30) days, a one hundred percent (100%) refund of the Agreement purchase price will be made.

ii. If You cancel after thirty (30) days, the administration fee that We will charge and retain will be no more than ten percent (10%) of the amount paid by the You or $50, whichever is less

b. This Agreement is non-cancellable by Us except for Your fraud or material misrepresentation in submitting a claim, or failure to pay the Agreement purchase price.

If We cancel after sixty (60) days, refunds will be calculated according to the pro-rata method and no administration fee will be charged.

CONNECTICUT:

If this Agreement’s term is for less than one (1) year, Your Agreement will be automatically extended if Your Vehicle is in Our custody for a repair.

Dispute Resolution & Arbitration: If You purchased this Agreement in Connecticut, You may pursue arbitration to settle disputes between You and Us. You may mail your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attention: Consumer Affairs. The written complaint must describe the dispute, identify the price of the product and cost of repair, and include a copy of this Agreement.

Cancellation by You: If Your Covered Vehicle is sold, lost, stolen, or destroyed, You may cancel this Agreement.

DISTRICT OF COLUMBIA (WASHINGTON D. C.):

Refunds: If We fail to provide Your full refund within forty-five (45) days, a ten percent (10%) per month penalty shall be added to a refund not paid or credited.

FLORIDA:

Our Florida license number is # [ ]. The Florida Office of Insurance Regulation does not regulate the rates charged for this Agreement.

Transferability: You may transfer the remaining coverage of the Vehicle under this Agreement, if You or if the transferee of this Agreement initiates the transfer process and provides the following items to Us at [P.O. Box 372790, Denver, CO 80237-9714 within 180 days of the vehicle sale: a letter, signed by You, transferring this Agreement to the transferee; a statement of the mileage on the Vehicle at the time of transfer; and the name and address of the transferee.

You may not transfer coverage if the Vehicle becomes a Branded Vehicle or is repossessed. Transferred Agreements may not be cancelled.

Cancellation by You: You may cancel this Agreement within sixty (60) days after purchase and You will receive a refund equal to one hundred percent (100%) of the gross premium paid by. After sixty (60) days, if this Agreement is cancelled by You, lender, finance company, or creditor, We shall return directly to You no less than ninety percent (90%) of the unearned pro rata premium, less any claims paid. Cancellations initiated by lenders, creditors, or finance companies are only valid if authorized by the terms of this Agreement.

Cancellation Us: After this Agreement has been in effect for sixty (60) days, We can only cancel this Agreement for the following reasons:

i. there has been a material misrepresentation or fraud at the time of sale of this Agreement.

ii. You have failed to maintain the Covered Vehicle as prescribed by the manufacturer.

iii. the odometer has been tampered with or disabled and You failed to repair it; or

iv. nonpayment of premium by You, in which case We shall mail you written notice of cancellation via certified mail.

GEORGIA:

1. EXCLUSIONS:
2. Repair or replacement of an engine due to oil consumption, loss of compression or misfires (which may cause a check engine light), if the only problem is due to normal wear and tear such as worn piston and/or piston rings, lining up of piston rings, worn engine block, worn valves or valve guides, or carbon build up on these parts.

XII. GENERAL PROVISIONS:

1. Dispute Resolution & Arbitration is deleted in its entirety.

Cancellation by Us: We may only cancel this Agreement for the following reasons:

(i) Nonpayment of the premium; or

(ii) Discovery of fraud or material misrepresentation in obtaining the Agreement or in presenting a claim.

We will mail or deliver You written notice at least 30 days prior to the effective date of cancellation. If we cancel the Agreement for nonpayment of premium, We will mail or deliver to You written notice at least 10 days prior to the effective date of cancellation. The notice of cancellation shall state the reason for cancellation. If We cancel the Agreement, you will receive a refund calculated on a pro-rata basis.

HAWAII:

A ten percent (10%) penalty shall be added to a refund not paid or credited within forty-five (45) days after You return this Agreement to Us.

IDAHO:

Coverage afforded under this Agreement is not guaranteed by the Idaho Insurance Guaranty Association.

IOWA:

Cancellation by Us: If We cancel this Agreement, We shall provide You written notice at Your last known address at least fifteen days prior to the effective date and such notice shall state the reason and effective date of cancellation.

Refunds: A ten percent (10%) penalty shall be added each month to a refund is not paid to You within thirty (30) days after You return this Agreement.

LOUISIANA:

This Agreement is not regulated by the Louisiana Department of Insurance. Any concerns You have under this Agreement may be directed to the state attorney general.

Refunds: A ten percent (10%) penalty per month shall be added to any full refund not paid or credited to You within forty-five (45) days after You return this Agreement to Us.

MAINE:

Cancellation by Us: If We cancel this Agreement, We shall mail to You written notice to Your last known address, stating the reason and effective date of cancellation at least fifteen (15) days prior to cancellation.

Refunds: A monthly penalty equal to ten percent (10%) of the provider fee will be added to any full refund not paid or credited within forty-five (45) days after return of the Agreement to Us. Any refunds You are entitled to will also include any sales tax You paid on this Agreement.

MARYLAND:

This Agreement is automatically extended if We fail to perform the services under this Agreement and it will not terminate until the services are provided in accordance with this Agreement.

Refunds: If We fail to provide Your full refund or credit Your account within forty-five (45) days of cancellation, a monthly penalty equal to ten percent (10%) of the purchase price for each month the refund is not paid or credited.

MINNESOTA:

Your Responsibilities: For Used Vehicles – repairs resulting from the lack of required or recommended maintenance, provided that, at the time the used Vehicle came into Your possession or control: 1) the Vehicle still retained its owner’s manual; or, 2) You were offered a copy of the owner’s manual for an incremental charge of ten dollars ($10) or less; or 3) the maintenance requirements contained in the Scheduled Maintenance Guide were replaced with a new specific maintenance schedule.

Exclusions:

15. Repairs to the Vehicle if the odometer: (a) has been tampered with, but only if the tampering occurs while the Vehicle is in Your possession or control; or (b) If You have failed to have a broken odometer repaired, if the odometer failed while the Vehicle is in Your possession or

Cancellation by Us: If We cancel this Agreement, We shall mail written notice to You at Your last known address, stating the reason and effective date of cancellation, at least fifteen (15) days prior to cancellation, unless We cancel for nonpayment, material misrepresentation by You to Us, or a substantial breach of duties by You relating to the Covered Vehicle or its use, in which case We will provide five (5) days’ notice.

Refunds: A ten percent (10%) penalty per month shall be added to a full refund not paid or credited within forty-five (45) days after return of this Agreement to Us.

MISSISSIPPI:

XII. GENERAL PROVISIONS:

1. Dispute Resolution & Arbitration is deleted in its entirety.

Cancellation and Refunds:

a. Cancellation by You shall require Us to permit You to return the Agreement within twenty (20) days of the date the Agreement was mailed to You, within ten (10) days of delivery if the Agreement was delivered to You at the time of sale, or within a longer time period permitted under the Agreement. Upon return of the Agreement to Us within the applicable time period, if no claim has been made under the Agreement prior to its return to Us, the Agreement will be voided, and We will refund to You, or credit to the Your account, the full purchase price of the Agreement. The right to void the Agreement provided in this subsection is not transferrable, applies only to the original Agreement Holder, and is allowed only when no claim has been made prior to its return to Us. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Agreement to Us.

Subsequent to the time period specified in subsection (1), or if a claim has been made under the Agreement within that time period, You may cancel the Agreement, and We shall refund to You one hundred percent (100%) of the unearned pro rata purchase price of the Agreement, less the amount of any claims paid.

b. Cancellation by Us shall only occur in instances of nonpayment of the provider fee, a material misrepresentation by You to Us, or a substantial breach of duties by You relating to the covered product or its use.

In the event of cancellation by Us for reason other than nonpayment of the provider fee, We shall refund to You one hundred percent (100%) of the unearned pro rata purchase price of the Agreement, less the amount of any claims paid.

MISSOURI:

Refunds: A ten percent (10%) penalty per month shall be added to a full refund not paid within forty-five (45) days after You return this Agreement.

NEVADA:

XII. GENERAL PROVISIONS:

1. Dispute Resolution & Arbitration is deleted in its entirety.

If You are not satisfied with the manner in which We handle Your claim, You may contact the Nevada Commissioner of Insurance at (888) 872-3234.

Cancellation and Refunds: You may cancel this Agreement by mailing written notice to the Dealer or Us. If the Agreement is cancelled within thirty (30) days from the Effective Date and no claim has been made, You will be refunded one hundred percent (100%) of the full purchase price of the Agreement. If the Agreement is cancelled within thirty (30) days from the Effective Date and a claim has been made, You will be refunded on a prorated basis. If the Agreement is cancelled after the first thirty (30) days, We shall refund the premium for this Agreement on a prorated basis.

The Agreement may be cancelled by Us within the first seventy (70) days. In the event of cancellation after seventy (70) days, We may only cancel this Agreement if We discover one of the following: 1) fraud or material misrepresentation by You; 2) failure by You to pay an amount when due; or 3) act or omission by You, which occurred after the effective date of this Agreement and which substantially and materially increases the service required under this Agreement. If We cancel the Agreement, the return premium will be one hundred percent (100%) of the full purchase price of the Agreement. Cancellation will not become effective until fifteen (15) days after We mail You a notice of cancellation to Your last known address. We will pay a ten percent (10%) penalty per month to any refund that is not paid or credited to You within forty-five (45) days after the return of this Agreement.

Whether this Agreement is cancelled by You or by Us, no cancellation fees will be deducted from any returned premiums.

NEW HAMPSHIRE: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department at (603) 271-2261 or 21 S. Fruit Street, #14, Concord, NH 03301.

NEW JERSEY:

Refunds: A ten percent (10%) penalty of the purchase price shall be added, per month, to any full refund not provided to You within forty-five (45) days of cancellation.

NEW MEXICO:

Cancellation by Us: If this Agreement has been in effect for at least seventy (70) days, We cannot cancel this Agreement before expiration of the term or one (1) year after the effective date of this Agreement. No cancellation will be effective until at least fifteen (15) days after the notice of cancellation is mailed to You. We will not impose an administrative fee if We cancel.

Refunds: A ten percent (10%) penalty of the purchase price shall be added to Your full refund for each thirty (30) day period that We fail to pay Your refund if We fail to provide a refund within sixty (60) days of cancellation. If Your Agreement is financed and Your loan has not been fully paid, We may provide a refund to Your lender but such payment shall not exceed any outstanding balance on Your loan.

NEW YORK:

Refunds: A ten percent (10%) penalty per month shall be added to a refund not made within thirty (30) days after return of this Agreement to Us.

NORTH CAROLINA:

Cancellation by Us: We may not cancel this Agreement in Our discretion and may only cancel for nonpayment or for a direct violation of this Agreement by You.

OKLAHOMA: This is not an insurance contract. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association.

WARNING: Any person who knowingly, and with intent to injure, defraud or deceive and insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

OREGON:

Complaints: Unresolved complaints can be addressed to the Department of Consumer and Business Services, Oregon Division of Financial Regulation, Consumer Advocacy Unit, 350 Winter Street NE, Room 300-2, Salem, Oregon 97301. The telephone number is 1-888-877-4894.

SOUTH CARLOINA: In the event of a dispute with Us, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Suite 1000, Columbia, SC 29201 or call (800) 768-3467.

Refunds: A ten percent (10%) penalty per month shall be added to any full refund not paid or credited to You within forty-five (45) days after return of this Agreement to Us.

TEXAS:

Refunds: If we fail to pay or credit any refund due to You within forty-five (45) days, a ten percent (10%) penalty of the amount outstanding per month shall be added to Your refund.

UTAH: Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.

XII. GENERAL PROVISIONS:

1. Dispute Resolution & Arbitration is deleted in its entirety.

Cancellation by Us: We may only cancel this Agreement for material misrepresentation, substantial change in the risk assumed unless We should have reasonably foreseen the change or contemplated the risk when entering into the contract, substantial breach in contractual duties, or nonpayment.

Notice of cancellation stating the reason and effective date of cancellation will be mailed to You no later than thirty (30) days in advance, except for nonpayment, and We shall mail written notice to You via first-class mail.

VIRGINIA: If any promise made in this Agreement has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Service, Office of Charitable and Regulatory Programs to file a complaint.

WASHINGTON:

We only have sixty (60) days from the date of the sale of this Agreement to determine whether or not Your Vehicle qualifies for this Agreement and after sixty (60) days, Your Vehicle will be qualified and We cannot cancel based on eligibility. The implied warranty of merchantability on the Covered Vehicle is not waived if You purchased this Agreement within 90 days of the purchase of the Covered Vehicle and We also sold the Covered Vehicle.

The definition of “We“, “Us“, “Our” and Administrator means the Service Contract Provider of this Agreement.

Dispute Resolution & Arbitration: Arbitration proceedings under this Agreement will be binding. All arbitration will be conducted in conformity with Chapter 7.04A RCW. Any dispute arising out of this Agreement shall be brought in a state court of Washington. Any arbitration proceeding initiated under this Agreement shall be held at a location in closest proximity to Your permanent residence.

XIV. CANCELLATION AND REFUNDS is deleted in its entirety and replaced with the following:

a. Cancellation by You: You may cancel this Agreement by submitting a written request to the Seller stating the date upon which the cancellation is effective and containing a copy of Your Agreement and the current mileage on Your Vehicle. During the first sixty (60) days from the Agreement Sale Date, We or the Seller will refund You 100% of the Agreement Sale Price, less any claims paid on Your After the first sixty (60) days from the Agreement Sale Date, We or the Seller will refund You a pro-rated amount of the Agreement Sale Price, based on the lesser of the months or miles remaining, less a twenty-five-dollar ($25) cancellation fee. A ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of this Agreement to Us.

b. Cancellation by Us: We may cancel this Agreement during the first sixty (60) days of the Agreement Sale Date for any reason. After sixty (60) days, We may cancel this Agreement for non-payment of Agreement Sale Price by the Seller to Us, or for material misrepresentation or fraud at time of sale. If We cancel this Agreement, We or the Seller will refund You 100% of the Contract Sale Price. If We have notice of a lienholder and a Discharge of Lien is not provided, any refund will be issued to the lienholder. If Your Vehicle is repossessed, stolen or declared a total loss, You authorize the lienholder on the Declaration Page to cancel this Agreement. If cancelled, the Agreement will not be reinstated.

You may file a claim directly with the QBE Insurance Corporation at any time. The insurance policy number for the service contract reimbursement policy issued by QBE Insurance Corporation is QAS00001-00-2021.

WISCONSIN: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.

Cancellation by You: A ten percent (10%) penalty of the amount outstanding shall be added per month if We fail to provide Your full refund within forty-five (45) days of return of this Agreement. In the event of a total loss of the Covered Vehicle that is not covered by this Agreement, You may cancel and receive a pro rata refund.

Cancellation by Us: We may cancel this Agreement for nonpayment, material misrepresentation by You to Us, or a substantial breach of duties by You relating to the Covered Vehicle or its use. If We cancel, We shall mail to You written notice to Your last known address stating the reason and effective date of cancellation at least five (5) days prior to cancellation.

WYOMING:

XII. GENERAL PROVISIONS:

1. Dispute Resolution & Arbitration is deleted in its entirety.

Cancellation by You: A ten percent (10%) penalty per month shall be added to any full refund not paid or credited within forty-five (45) days after return of this Agreement to Us.

Cancellation by Us: If We cancel this Agreement, We shall mail to You written notice to Your last known address stating the reason and effective date of cancellation at least ten (10) days prior to cancellation by Us. Prior notice is not required if We cancel for nonpayment, material misrepresentation by You to Us, or substantial breach of duties by You relating to the Covered Vehicle or its uses, nonpayment.