|
TERMS AND CONDITIONS
<br />Insurance Law.
<br />14.11. LOUISIANA:
<br />12A. (1) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A
<br />REFUND. If the Selling Dealer receives a written notice of
<br />cancellation within thirty (30) days from the date this Agreement was
<br />delivered or mailed to You, Selling Dealer will provide You with a full
<br />refund less a $50 processing fee.
<br />(2) If You cancel this Agreement after 30 days from the date the
<br />Agreement was delivered or mailed to You, You shall receive a refund
<br />on a "Pro -Rata" basis less a $50 processing fee. For purposes of this
<br />section 12.A. (2), "Pro Rata basis" will be determined by dividing the
<br />purchase price You paid for the Agreement by the number of miles or
<br />months of coverage provided by this Agreement, whichever is greater,
<br />multiply this dollar amount by the remaining unused miles or months,
<br />whichever is less.
<br />14.12. MAINE:
<br />1. E. ADMINISTRATION: All service contract obligations in the state of
<br />Maine are administered by:
<br />Percepta Philippines, LLC
<br />P.O. Box 6045
<br />Dearborn, Michigan 48121
<br />Toll Free Number: 800-521-4144
<br />12. CANCELLATION AND REFUND
<br />(A) YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A
<br />REFUND:
<br />(2) If the Selling Dealer receives a written cancellation request,
<br />including a copy of Your Application, proof of payment and statement
<br />of the odometer reading, after the 30th day or a claim has been filed at
<br />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
<br />Agreement by the number of miles or months of coverage provided by
<br />this Agreement, whichever is greater. The Selling Dealer will multiply
<br />this dollar amount by the remaining unused miles or months,
<br />whichever is less, and refund this amount ("Pro Rata basis") to You or
<br />Your lender.
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A
<br />REFUND: We may cancel this Agreement at any time during the term
<br />of this Agreement within 15 days prior written notice when sent to You
<br />at Your last known address. We will state the effective date of the
<br />cancellation and the specific grounds for cancellation. If any refund is
<br />owed, a Pro Rata Refund will be issued to You or Your lender within
<br />thirty days of the cancellation date.
<br />14.13. MINNESOTA:
<br />3. MINNESOTA USED VEHICLE NOTICE:
<br />If, on the date You purchased a used Vehicle from a Minnesota
<br />Selling Dealer, A) the Vehicle had fewer than 36,000 miles from
<br />Zero Miles, the Selling Dealer may be required to warrant the
<br />Vehicle for (1) at least 60 days after the date You purchased the
<br />Vehicle or (ii) 2,500 miles, whichever occurs first.
<br />B) If, on the date You purchased a used Vehicle from a Minnesota
<br />Selling Dealer, the Vehicle had more than 36,000 miles but fewer
<br />than 75,000 miles from Zero Miles, the Selling Dealer may be
<br />required to warrant the Vehicle for (1) at least 30 days after the
<br />date You purchased the Vehicle or (ii) 1,000 miles, whichever
<br />occurs first.
<br />C) If, on the date You purchased a used Vehicle from a Minnesota
<br />Selling Dealer, the Vehicle had more than 75,000 miles from Zero
<br />Miles, the Selling Dealer Is not required to warrant the Vehicle.
<br />7. WHAT IS NOT COVERED BY THIS AGREEMENT: (Additional
<br />Exclusions or changes)
<br />f) Damage caused by the environment and pollution, including airborne
<br />fallout, chemicals, debris, tree sap, salt, hail, windstorm, lightning,
<br />freezing, flooding, earthquake, snow or ice;
<br />j) Scheduled Maintenance Services,
<br />1. For New Vehicles - repairs resulting from the lack of required or
<br />recommended maintenance as contained in the Scheduled Maintenance
<br />Guide for your vehicle;
<br />2. For Used Vehicles - repairs resulting from the lack of required or
<br />recommended maintenance, provided that, at the time the used Vehicle came
<br />into Your possession or control: 1) the Vehicle still retained its owner's manual;
<br />or, 2) You were offered a copy of the owner's manual for an incremental
<br />charge of ten dollars ($10) or less; or
<br />3) the maintenance requirements contained in the Scheduled Maintenance
<br />Guide were replaced with a new specific maintenance schedule.
<br />1) Repairs to the Vehicle if the odometE r
<br />1. has been tampered with, but only if the tampering occurs while the Vehicle
<br />FPLP 8240 -Nat App/Provs W/Key(July 17) (Previous Editions May Not be Used)
<br />is in Your possession or control; or
<br />2. If You have failed to have a broken odometer repaired, if the odometer
<br />failed while the Vehicle Is in Your possession or control.
<br />12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A
<br />REFUND: We may cancel this Agreement with (5) days prior written notice
<br />sent to You at Your last known address. Prior written notice is not required if
<br />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; or
<br />c) You substantially breached Your duties under this Agreement regarding the
<br />Vehicle or its use.
<br />d) if the VIN cannot be established because of actions for which You are
<br />responsible.
<br />14.14. MISSISSIPPI
<br />1. ARBITRATION MAY ONLY PROCEED ON AN
<br />INDI-VIDUAL BASIS, AND MAY NOT BE
<br />CONSOLIDATED WITH OTHER ARBITRATIONS
<br />OR ACCORDED ANY CLASS ACTION STATUS.
<br />A. THIS SERVICE CONTRACT AGREEMENT,
<br />INCLUDING THE APPLICATION, INVOKES
<br />ARBITRATION UNDER THE FEDERAL
<br />ARBITRATION ACT. EITHER YOU OR WE MAY
<br />ELECT BINDING ARBITRATION TO RESOLVE
<br />DISPUTES UNDER THIS SERVICE CONTRACT
<br />AGREEMENT.
<br />B. IF EITHER YOU OR WE DECIDE TO ARBITRATE
<br />A DI-SPUTE REGARDING ANY ASPECT OF THIS
<br />SERVICE CONTRACT AGREEMENT OR THE
<br />APPLICATION AND THE SALE OF THE SERVICE
<br />CONTRACT, AN ARBITRATOR WILL RESOLVE
<br />THE DISPUTE. IF ARBITRATION IS SELECTED
<br />TO RESOLVE THE DISPUTE, BOTH PARTIES
<br />WAIVE THEIR RIGHTS TO RESOLVE THE
<br />DISPUTE IN A COURT PROCEEDING.
<br />C. IN AN ARBITRATION, ONE OR MORE OF THE
<br />AR-BITRATORS (WHO ARE NEUTRAL
<br />DECISION MAKERS) RENDER A DECISION
<br />AFTER HEARING THE ARGUMENTS FROM ALL
<br />PARTIES. ARBITRATION TAKES THE PLACE OF
<br />A TRIAL AND DISPUTES ARE DECIDED BY
<br />ARBITRATION, NOT A JUDGE OR JURY.
<br />D. YOU AND WE ARE BOUND BY THE DECISION
<br />OF THE ARBITRATOR AND THE RESULTS OF
<br />THE ARBITRATION ARE BINDING AND FINAL
<br />AND MAY NOT BE APPEALED TO A COURT.
<br />E. IF YOU NEED ADDITIONAL INFORMATION
<br />REGA-RDING THE DISPUTE RESOLUTION AND
<br />ARBIT-RATION SECTION IN THE SERVICE
<br />CONTRACT AGREEMENT, PLEASE CALL THE
<br />TOLL FREE ASSISTANCE LINE AT 800-392-3673.
<br />F. YOU HAVE 5 DAYS FROM DELIVERY OF
<br />THIS SE-RVICE CONTRACT AGREEMENT
<br />TO REJECT THE SERVICE CONTRACT
<br />AGREEMENT IF YOU DO NOT WANT TO
<br />ACCEPT THIS BINDING ARBITRATION
<br />PROVISION. IF YOU REJECT THE SERVICE
<br />CONTRACT AGREEMENT, YOU DO NOT
<br />Page 9 of 12
<br />
|