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TERMS AND CONDITIONS
<br />parts are covered except for the performance modified parts and failures or
<br />repairs resulting from the performance modified parts that were not
<br />permanently affixed at point of sale), 4X2-equipped vehicles modified with
<br />4X4 AWD capabilities and incomplete vehicles (e.g. chassis, cabs, cutaways,
<br />stripped chassis except Ford, Chevrolet, Doge and GMC.
<br />7(y). WHAT IS NOT COVERED BY THIS AGREEMENT: This Agreement will not be
<br />issued for any Vehicle where the New Vehicle Limited Warranty is void at the time of
<br />Application . If this Agreement is already in effect and the New Vehicle Limited
<br />Warranty on the vehicle becomes void, this Agreement will not automatically
<br />exclude all coverage for the Vehicle. In such situations, the Agreement will not
<br />cover any services that would otherwise have been provided under the New Vehicle
<br />Limited Warranty, but the Agreement will cover any other service listed in the
<br />Agreement, unless such coverage is subject to other exclusions.
<br />8A. (4). Prior approval may be necessary for services depending on the total cost of
<br />the repair. If prior approval is required, Your servicing dealer will contact Ford ESP
<br />Prior Approval Headquarters for authorization.
<br />12 A. (1). YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
<br />If the Selling Dealer receives a written cancellation request, including a copy of Your
<br />Application, proof of payment and statement of the odometer reading, on or before
<br />the 30th day from the Signature Date and no claims have been filed under this
<br />Agreement, the Selling Dealer will cancel this Agreement and refund the purchase
<br />price You paid for this Agreement. We will refund the purchase price of the
<br />Agreement within 45 days of written notice. If a full refund is not received within 45
<br />days of Your written cancellat ion request, You are entitled to receive an additional
<br />10% on the refund amount owed to You for each thirty day period.
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: If this
<br />Agreement has been in effect for at least seventy (70) days, We cannot cancel it
<br />prior to either: (i) its stated term, or (ii) the one (1) year anniversary of its original
<br />effective date, whichever occurs first. We may, however, cancel this Agreement, at
<br />any time, within 15 days prior written notice w hen sent to You at Your last known
<br />address, if the cancellation is for any of the following reasons :
<br />a) You failed to pay the purchase price for this Agreement;
<br />b) You materially misrepresented any fact or circumstance to Us;
<br />c) You were convicted of a crime that results in an increase in the service required
<br />under this Agreement;
<br />d) There is a material change in the nature or extent of the required service or repair
<br />to be substantially and materially increased beyond that contemplated at the time
<br />this Agreement was issued (such as t he Vehicle is a Branded, Totaled or Salvaged
<br />Vehicle, or the VIN cannot be established); or
<br />e) We discover (1) an act or omission by You, or (2) a violation by You of any
<br />condition of the Agreement that occurs during the term of the Agreement and that
<br />subs t antially and materially increases the service required under this Agreement.
<br />14.18. NEW HAMPSHIRE:
<br />2C. SPECIAL NOTICE TO NEW HAMPSHIRE RESIDENTS ONLY: Please direct all
<br />questions or complaints concerning this Agreement to Us at P.O. Box 6045,
<br />Dearborn, Michigan 48121. In the event You do not receive satis faction under this
<br />contract, You may contact the New Hampshire Insurance Department at either: 21
<br />South Fruit Street, Suite 14, Concord, New Hampshire 03301, or (800) 852-3416.
<br />14.19. NEW MEXICO:
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: If this
<br />Agreement has been in effect for at least seventy (70) days, We cannot cancel it
<br />prior to either: i) its stated term, or, ii) the one (1) year anniversary of its original
<br />effective date, whichever occurs first. We may, however, cancel this Agreement at
<br />any time, with fifteen (15) days prior written notice sent to You at your last known
<br />address, if the cancellation is for any of the following reasons:
<br />a) You failed to pay the purchase price for this Agreement;
<br />b) You materially misrepresented any fact or circumstance to Us;
<br />c) You were convicted of a crime that results in an increase in the service required
<br />under this Agreement;
<br />d) there is a material change in the nature or extent of the required service or repair
<br />that occurs after the Signature Date that causes the required serv ice or repair to be
<br />substant ially and materially increased beyond that contemplated at the time this
<br />Agreement was issued (such as the New Vehicle Limited Warranty of the Vehicle has
<br />been voided, in whole or in part, the Vehicle is a Branded, Totaled or Salvaged
<br />Vehicle, or the VIN cannot be established) or,
<br />e) We discover (1) an act or omission by Yo u or (2) a violation by You of any
<br />condition of the Agreement that occurs during the term of the Agreement and that
<br />substantially and materially increases the service required under this Agreement.
<br />14.20. NEW YORK:
<br />2C. SPECIAL NOTICE -FOR GENERAL INFORMATION, WE MAY BE CONTACTED
<br />AT 800-392-FORD.
<br />14.21. NORTH CAROLINA:
<br />12A. (1) & (2) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A
<br />REFUND: If You ca ncel this Agreement, the Selling Dealer will refund the unearned
<br />purchase price prorated based upon the lesser of the unused months or miles of
<br />coverages, minus a cancellation processing fee equal to the lesser of 10% or $75.00.
<br />14.22. OREGON:
<br />ESP 8240-Nat App/Provs (Oct 15) (Previous Editions May Not be Used)
<br />2C. COMPLAINTS: Unresolved complaints can be addressed to the Department of
<br />Consumer and Business Services, Oregon Insurance Division, Consumer Advocacy
<br />Unit, 350 Winter Street NE , Room 300 -2, Salem, Oregon 97301. The telephone
<br />number is 1-888-877-4894.
<br />13. DISPUTE RESOLUTION AND ARBITRATION: If You and We cannot agree to a
<br />claim settlement and You have exhausted all internal appeals, You and We may
<br />agree to have any dispute related to or arising from this Agreement or the
<br />Application decided by non-binding arbitration administered by the Better Business
<br />Bureau (BBB). To learn about or begin arbitration, or get a copy of the Arbitration
<br />Rules, You may contact BBB at 800-955-5100 or www.auto.bbb.org/
<br />extendedservicep lan. We will pay Your reasonable arbitration fees and expenses
<br />that are in excess of $ 1 00. You may employ an attorney to represent You in
<br />Arbitration, but an Attorney is not required. We will not pay Your attorney fees if
<br />You use an attorney. If We request arbitration, We will pay the arbitration filing fee.
<br />This Agreement is subject to ORS 36.600-36.740. Arbitration will take place in the
<br />state of Oregon in accordance with Oregon laws unless You and We mutually agree
<br />to another location. All arbitration decisions shall be in writing with a supporting
<br />opinion.
<br />14.23. SOUTH CAROLINA:
<br />2C. SPECIAL NOTICE -WHO YOU SHOULD CONTACT (SOUTH CAROLINA
<br />RESIDENTS ONLY): Please direct all questions or complaints concerning this
<br />Agreement to Us at P.O. Box 6045, Dearborn, Michigan 48121. In the event that We
<br />do not timely resolve such matters, You may contact the South Carolina of
<br />Insurance at either: Post Office Box 100105, Columbia, South Carolina, 29202-3105,
<br />or (800) 768-3467.
<br />14.24. TEXAS:
<br />2C. SPECIAL NOTICE -FOR GENERAL INFORMATION, WE MAY BE CONTACTED
<br />AT 800-392-FORD.
<br />2D. COMPLAINTS: Unresolved compla ints concerning a provider or questions
<br />concerning the registration of a service contract provider may be addressed to the
<br />Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 7871 1,
<br />telephone number 512-463-6599 or 800-803-9202.
<br />12. (A). YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
<br />(2). If the Selling Dealer receives a written cancellation request, including a copy of
<br />Your Application, proof of payment and statement of the odometer reading, after
<br />the 30th day or a claim has been filed at any time during the term of this Agreement
<br />from the Signature Date the Selling Dealer will divide the purchase price You paid
<br />for the Agreement by the number of miles or months of coverage provided by this
<br />Agreement, whichever is greater. The Selling Dealer w ill multiply this dollar amount
<br />by the remaining unused miles or months, whichever is less, and refund this
<br />amount ("Pro Rata basis") to You or Your lender, minus a $50 processing fee for each
<br />plan cancelled.
<br />(6) The right to cancel this Agreement is not transferable to subsequent Service
<br />Contract Holders.
<br />14.25. WASHINGTON:
<br />2B. INSURER CUT-THROUGH BENEFITS: You are not required to wait Sixty (60)
<br />days to file a claim for serv ice or other benefit owed pursuant to this Agreement
<br />directly with the insurer of this Agreement.
<br />7. WHAT IS NOT COVERED BY THIS AGREEMENT:
<br />i) Repairs to a covered part caused by the lack of required or recommended
<br />maintenance.
<br />10. INELIGIBLE OR EXCESS COVERAGE: If You were charged for coverage for
<br />which Your vehicle is ineligible or coverage in excess of the maximum allowed
<br />under this Agreement, We will refund the excess charge. If You financed Your
<br />Agreement We will send the refund to Your lender with instructions to credit Your
<br />loan. We may cancel this Agreement within 60 days of this Agreement being mailed
<br />or delivered to You for ineligible or excess coverage. You will be notified of the
<br />refund and the termination of any ineligible or excess coverage.
<br />12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
<br />(1) If You have not made a claim under this Agreement and the Selling Dealer
<br />receives written notice of cancellation within 30 days after this Agreement was
<br />delivered or mailed to You, the Selling Dealer will provide you with a full refund of
<br />the purchase price paid.
<br />(2) If You have not made a claim under this Agreement and You cancel this
<br />Agreement 30 days after the date this Agreement was delivered or mailed to You,
<br />You shall receive a pro rata refund of the unearned purchase price based upon the
<br />unused months or miles of coverage remaining, whichever is less, minus a $25
<br />cancellation proceSSing fee.
<br />(6) If the Selling Dealer does not pay You the full refund amount within 30 days of
<br />Our receipt of Your cancellation request, You are entitled to receive an additional
<br />10% based on the refund amount owed to You.
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: We
<br />may cancel this Agreement only within 60 days of this Agreement being mailed or
<br />delivered if You fail to comply with this Agreement. If We cancel this Agreement,
<br />We will refund the purchase price on a Pro Rata basis. If We provided this
<br />Agreement at no cost, You are not entitled to a refund.
<br />12C. WHO ISSUES REFUND PAYMENTS: Refund payments wi ll be made by the
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