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TERMS AND CONDITIONS
<br />consolidate or group Your dispute with other arbitration or disputes concerning
<br />this Agreement or Application. You agree that You will not participate in any class
<br />arbitration concerning this Agreement or Application . We do not agree to class
<br />arbitration . 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 />extendedserviceplan.
<br />If there is a conflict between the Rules and this Agreement, this Agreement shall
<br />govern. If You initiate the arbitration process, BBB will charge You an arbitration
<br />filing fee of $50 .
<br />You may employ an attorney to represent You in the arbitration, but an attorney is
<br />not required. We will not pay Your attorney fees if You use an attorney.
<br />This Agreement is subject to the Federal Arbitration Act, 9 U.s.c. §§1 et seq. The
<br />arbitration decision shall be in writing with a supporting opinion.
<br />14. STATE SPECIFIC PROVISIONS: The following provisions are applicable in
<br />the states set forth below and modifies only those specific terms referenced.
<br />All other terms and conditions are unchanged.
<br />14.01 For Agreements in ALABAMA, ALASKA, HAWAII, MAINE, MINNESOTA,
<br />MISSOURI, NEW JERSEY, NEW MEXICO, NEW YORK, SOUTH CAROLINA, TEXAS,
<br />WISCONSIN and WYOMING:
<br />12A. (6) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
<br />In New Mexico, if You have not received your refund amount within sixty (60) days
<br />of your cancellation request, and within forty five (45) days of Your cancellation
<br />request in AL, AK, HI, ME, MN, MO, NJ, S(, TX, WI and WY, and within thirty (30 days)
<br />of Your cancellation request in NY , You are entitled to receive ten percent (10%) of
<br />the refund amount outstanding for every month that the refund is delayed.
<br />14.02 For Agreements in ALABAMA, ALASKA, HAWAII, MAINE, MINNESOTA,
<br />MISSOURI, NEW JERSEY, NEW MEXICO, NEW YORK, SOUTH CAROLINA, TEXAS,
<br />VERMONT and WYOMING:
<br />12A. (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.
<br />14.03 For Agreements in HAWAII, MINNESOTA, MISSOURI, MONTANA, NEW
<br />JERSEY, NEW YORK, NORTH CAROLINA, SOUTH CAROLINA, TEXAS and
<br />WYOMING:
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: In HI,
<br />MN, MT, N(, NJ and TX, We may cancel this Agreement within 5 days prior written
<br />notice, 10 days prior written notice in WY , and 15 days prior written notice in MO,
<br />NJ, NY and SC when sent to You at Your last know address. Prior written notice is
<br />not required if cancellation is for any of the following reasons:
<br />(a) You failed to pay the purchase price of this Agreement;
<br />(b) You materially misrepresented any fact or circumstance to Us; or
<br />(c) You substantially breached Your duties under this Agreement regarding the
<br />Vehicle or its use.
<br />14.04. ALABAMA:
<br />12A. (1) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
<br />If You have not made a claim, and the Selling Dealer did not receive notice of
<br />cancellation within 30 days from the date the Selling Dealer mailed or delivered this
<br />Agreement to You, We will charge You a cancellation processing fee not to exceed
<br />$25 .
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: We
<br />may cancel this Agreement with five (5) days prior written notice sent to You at
<br />Your last known address. Prior written notice is not required if cancellation is for any
<br />of the following reasons:
<br />a) You failed to pay the purchase price for this Agreement; or
<br />b) You materially misrepresented any fact or circumstance to Us
<br />14.0S ALASKA: 12. CANCELLATION AND REFUND (A) YOUR RIGHT TO CANCEL
<br />THIS AGREEMENT AND RECEIVE A REFUND: (2) If the Selling Dealer receives a
<br />written cancellation request, including a copy of Your Application, proof of
<br />payment and statement of the odometer reading, after the 30th day or a claim has
<br />been filed at any time during the term of this Agreement from the Signature Date
<br />the Selling Dealer will divide the purchase price You paid for the Agreement by the
<br />number of miles or months of coverage provided by this Agreement, whichever is
<br />greater. The Selling Dealer will multiply this dollar amount by the remaining unused
<br />miles or months, whichever is less, and refund this amount ("Pro Rata basis") to You
<br />or Your lender, minus a cancellation processing fee equal to the lesser of 7.0% or
<br />$75.00.
<br />12 (B). OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND :
<br />We may cancel this Agreement within five days of written notice sent to You at Your
<br />last known address. Prior written notice is not required if cancellation is for any of
<br />the following reasons: (a) You failed to pay the purchase price of this Agreement; or
<br />(b) You materially misrepresented any fact or circumstance to Us. If We cancel this
<br />Agreement, We will refund the purchase price on a Pro Rata basis. If We provided
<br />this Agreement at no cost, You are not entitled to a refund.
<br />14.06. CALIFORNIA:
<br />ESP 8240-Nat App/Provs (Oct 15) (Previous Editions May Not be Used)
<br />lA. CALIFORNIA LICENSE NUMBER DISCLOSURE: THE CALIFORNIA LICENSE
<br />NUMBER OF FORD MOTOR SERVICE COMPANY IS OC41369 .
<br />1 E. CALIFORNIA DEPARTMENT OF INSURANCE CONTACT INFORMATION: If any
<br />promise made in this contract has been denied or has not been honored within 60
<br />days after Your request, You may contact the California Department of Insurance at
<br />1-800-927-4357.
<br />2C. SALES TAX: Sales tax is not applicable in California.
<br />6(A)2 and 6(B)2 EMERGENCY TRAVEL EXPENSE REIMBURSEMENT: If Your
<br />Vehicle is disabled 100 or more miles from Your residence as a result of a
<br />mechanical Failure covered by this Agreement or the New Vehicle Limited
<br />Warranty, We will reimburse You up to $500 for the actual Emergency Travel
<br />Expenses You incur within the first 72 hours following the disablement.
<br />6(A)3 and 6(B)3. DESTINATION ASSISTANCE: If the Vehicle is inoperable because
<br />of a Failure covered by this Agreement or the New Vehicle Limited Warranty and
<br />You require transportation to Your destination, We will reimburse Your
<br />transportation costs up to $ 75.
<br />7. WHAT IS NOT COVERED BY THIS AGREEMENT
<br />q. Repairs made to the Vehicle that are required due to a
<br />condition that existed prior to the purchase of this
<br />Agreement.
<br />80. CLAIMS APPROVAL: A valid claim will not be denied based solely on a failure
<br />to obtain claim approval before commencing the repair if the repair facility
<br />reasonably attempted to obtain approval.
<br />9. YOUR RESPONSIBILITIES FOR CARE OF THE VEHICLE: To obtain coverage or
<br />reimbursement under this Agreement, You must: (i) properly operate and maintain
<br />the Vehicle, and (ii) provide proof of Scheduled Maintenance Services when the
<br />Failure appears to be directly related to the lack of required or recommended
<br />maintenance for Your Vehicle as outlined in the Owner's or Scheduled Maintenance
<br />Guide. Proof of Scheduled Maintenance Services includes maintenance records that
<br />show mileage, date of maintenance service, VIN and the maintenance that was
<br />performed. Scheduled Maintenance Services require periodic service checks based
<br />on mileage intervals and the make and model of Your Vehicle . Please review the
<br />Owner's Guide for Your Scheduled Maintenance Service requirements that are
<br />provided to You at the time of vehicle purchase. If You perform Your own
<br />Scheduled Maintenance Services, You must maintain a log including date, mileage
<br />and description of each maintenance service and provide corresponding receipts
<br />for purchases of parts and fluids.
<br />12A. (1) (A) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A
<br />REFUND: If the Selling Dealer receives a written cancellation request, including a
<br />copy of Your Application, proof of payment and statement of odometer reading, on
<br />or before the 60th day from the Signature Date and no claims have been filed under
<br />this Agreement, the Selling Dealer will cancel this Agreement and refund the
<br />purchase price You paid for this Agreement.
<br />(1 )(B) If the Selling Dealer receives a written cancellation request, including a copy
<br />of Your application, proof of payment and statement of the odometer reading, on
<br />or before the 60th day from the Signature date and a claim has been filed under this
<br />Agreement, the Selling Dealer will divide the purchase price You paid for this
<br />Agreement by the number of miles or months of coverage provided by this
<br />Agreement, whichever is greater. The Selling Dealer will multiply this dollar amount
<br />by the remaining unused months or miles, whichever is greater, and refund this
<br />amount ("Pro Rata" basis) to You or Your lender.
<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 60th day from the Signature Date the Selling Dealer will divide the purchase
<br />price You paid for the Agreement by the number of miles or months of coverage
<br />provided by this Agreement, whichever is greater. The Selling Dealer will issue a Pro
<br />Rata refund to You or Your lender, minus a cancellation processing fee equal to the
<br />the lesser of $25 or 10% of the purchase price.
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND:
<br />We may cancel this Agreement at any time during the term of this Agreement if You
<br />fail to pay the purchase price of this Agreement or for any material
<br />misrepresentation or fraud. We will provide written notice, stating the specific
<br />grounds for cancellation, to You at Your last known address. This Agreement will no
<br />longer be valid five days after the postmark date of the notice. If any refund is owed,
<br />a Pro Rata Refund will be issued to You or Your lender within thirty days of the
<br />cancellation date. If We cancel this Agreement for any of the reasons stated above,
<br />We will honor any claims for repair or reimbursement if submitted to Us prior to the
<br />effective date of cancellation, if eligibility requirements are met.
<br />13. DISPUTE RESOLUTION & ARBITRATION -Either You or We may choose to
<br />have any dispute related to this Agreement, or the Application decided by non
<br />binding arbitration administered by the Better Business Bureau (BBB). To learn
<br />about or begin arbitration, or get a copy of the Arbitration Rules, You may contact
<br />BBB at 800-955-5100 or www.auto.bbb.org/extendedserviceplan .
<br />We will pay Your reasonable arbitration fees and expenses that are in excess of
<br />$125.
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