ClassicTrak Battery 4 Life

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Definitions

Agreement This Agreement is a contract between You and Us.

Agreement Holder (“You” and “Your”), means the original Purchaser as described on the Declaration Page of this Agreement.

Administrator/Obligor (“We”, “Us”, “Our”), means Classic Administration Systems, LLC [1603 Capital Avenue, Suite 303D, Cheyenne, WY 82001, 1-877-222-4162].

Appropriate Dealer means any dealer that is authorized by the manufacturer to replace the OEM battery.

Deductible means the amount You must pay per Failure to replace the Covered Battery.

Lifetime means the entire time You own the Vehicle listed on the Declarations Page of this Agreement without interruption.

Repair Order (R.O.) means a written invoice showing work to be done as well as work already completed.

Seller means the place where this agreement and vehicle were  purchased.

Vehicle means the vehicle described on the Declarations Page Agreement.

 

Coverage

This Agreement is between the Agreement Holder and the Administrator. It provides for the replacement of the Vehicle’s battery, which during the Lifetime of this Agreement becomes unserviceable. Unserviceable means that the battery will no longer hold a charge or otherwise prevents Your Vehicle from operating.

  • This Agreement will cover the approved replacement of the Vehicles battery according to the Limits of Liability listed below.

Limits of Liability

This Agreement will cover up to thirty dollars ($30.00) per failure for battery installation labor costs and diagnostics. This Agreement will also cover the verifiable wholesale dealer cost of the replacement battery plus a ten percent (10%) mark up for the replacement battery under the terms, conditions and exclusions of this Agreement up to a maximum of two hundred and seventy fifty dollars ($275.00), less a twenty-five dollar ($25) Deductible per failure. If the wholesale dealer cost of the replacement battery exceeds two hundred and seventy fifty dollars ($275.00), this Agreement will cover the actual dealer cost of the replacement battery excluding dealer mark up to a maximum of three hundred dollars  ($300.00), less a twenty-five dollar ($25) Deductible,  per failure. You shall be responsible for any amounts that exceed these limits. The total aggregate limit for the term of this Agreement is one thousand two hundred dollars ($1,200).

THIS AGREEMENT HAS A THIRTY (30) DAY WAITING PERIOD. THE THIRTY (30) DAY WAITING PERIOD BEGINS ON THE DAY YOU PURCHASE THE VEHICLE LISTED IN THE DECLARATION PAGE OF THIS AGREEMENT. DURING THE FIRST THIRTY (30) DAYS OF THIS AGREEMENT NO COVERAGE WILL BE PROVIDED.

 

Terms and Conditions

  1. Battery provided to You, the Agreement Holder, must be the original equipment as provided by the manufacturer or a comparable aftermarket  brand whichever is less.
  2. Seller must attempt to charge the battery before submitting a request for battery replacement.
  3. Seller must load test the battery before submitting a request for battery replacement and be prepared to submit the printed test results to administrator.
  4. Seller must provide proof in form of a Service R.O. showing what steps have been performed to deem the battery in need of replacement.
  5. Seller must retain the core for inspection for 30 days.
  6. To initiate a request for a replacement battery the Seller or Appropriate Dealer must call Us for authorization prior to performing the replacement of the battery. Emergency or after-hours claims follow the emergency or after hours claims procedures listed below.

Exclusions

  • No battery replacement will be paid for within (30) days from the date of purchase on a new vehicle and (30) days from the date of purchase on a used vehicle.
  • No battery replacement will be paid if your vehicle is sold to a second person or registered to any person other than the original purchaser named on the Declarations Page of this Agreement.
  • Any modification or alteration made to your Vehicle not recommended by the manufacturer will exclude you from replacement paid by Us.
  • Any abuse, negligence, or lack of proper maintenance as described by the manufacturer will exclude you from receiving a battery replacement by Us.
  • Any part, repair or replacement that is covered by insurance, manufacturer’s warranty, recall, or any other special policy.
  • No battery replacement will be paid if the Vehicle is or has been used in any competitive race or speed contest.
  • No battery replacement will be paid if the Vehicle is pulling a trailer with a gross vehicle weight rating in excess of 1,500 pounds unless the Vehicle is equipped as recommended by the vehicle manufacturer.
  • Failure of or damage to the battery that is caused by failure of other electrical components or from installation of after-market accessories.
  • No battery replacement will be paid if the Vehicle is used for commercial purposes such as taxi, public hire, rider share, livery, and any Vehicle with non-standard equipment installed specifically to facilitate commercial use.
  • Storage charges, shop supplies, and materials charges; diagnostic procedures not included in the flat labor rate time to replace the covered component
  • No battery replacement will be paid if the battery is merely discharged, or damaged due to abuse, neglect, misuse, overcharging, alteration, improper installation, use of special additives, or unauthorized attempt to repair.
  • Incidental or consequential damages, such as loss of time, inconvenience, or loss of use. Some states do not allow exclusions on incidental or consequential damage limitation so this may not apply to you.
  • No battery replacement will be paid if damaged as a result of mechanical breakdown or failure of any other part of the Vehicle or from faulty or negligent repairs, or installation or defective parts.
  • Damage for bad faith, punitive or exemplary damages, property damage (except as specifically stated in the Agreement), and attorney fees.
  • Battery repair or replacement made outside of the United Stated or Canada.
  • No battery replacement will be paid for damages for bad faith, punitive or exemplary damages, property damage (except as specifically states in this Agreement) and attorney fees.
  • No battery replacement will be paid for any Vehicle not originally manufactured to meet. U.S. specifications, commonly known as grey market vehicle, or salvaged vehicles or factory buy backs.
  • Car rental and towing costs, charges or fees are not covered.
  • No battery replacement will be paid if the customer or Seller has made fraudulent acts, statements, or misrepresentations in the request for battery replacement.
  • Vehicles with more than one battery are not eligible for the Battery Agreement.

Claims Procedures

To obtain battery replacement benefits under this Agreement, You must comply with the following conditions: (1) ALL BATTERY REPLACEMENT CLAIMS MUST BE CALLED IN FOR AUTHORIZATION PRIOR TO REPLACEMENT; (2) All claims must be reported as soon as reasonably possible to the Administrator,  Classic Administration Systems, LLC [1-877-222-4162] , [Monday through Friday from 9 a.m. to 5 p.m. Eastern Time]; (3) If You are within a twenty five (25) mile radius of the Seller, You must return there to have the battery replaced. If You are outside of the twenty five (25) mile radius, or if the Seller is no longer in business, You may go to any Appropriate Dealer; (4) All non-working batteries must be made available to the Administrator for inspection; (5) The Seller or Appropriate Dealer must forward a copy of the original repair order to the Administrator for final payments; (6) The Seller or Appropriate Dealer will be paid once an appropriate repair order with Your signature is received by the Administrator; (7) If it is necessary for You to go to an Appropriate Dealer, You must call Classic Administration Systems, LLC [1-877-222-4162], [Monday through Friday from 9a.m. - 5p.m. Eastern Time], for prior approval before replacing the battery. You are responsible for paying the Appropriate Dealer for the replacement battery and will be reimbursed by the Administrator up to Your Plan limit upon the Administrator's receipt of all repair orders, sales invoices and/or other relevant or appropriate documentation, as may be requested by Classic Administration Systems, LLC .; (8) The Administrator is solely agreeing to pay the replacement cost for battery under the terms, conditions, and limitations set forth in this Agreement. The Administrator shall not provide any battery itself.  Further, the Administrator does not in any way warranty or guarantee, whether express or implied, any replacement battery obtained by You and paid for by Us.  In the event that the battery failure occurs after the Administrators regular business hours, or on a weekend, and replacement must be affected, You MUST follow these instructions: Call the Administrator on the following business day. All after-hours instructions must be followed to receive reimbursement. If You are within twenty-five (25) miles from the Seller, You must go to the Seller for battery replacement. If You are more than twenty-five (25) miles from the Seller, or if the Seller is no longer in business, You may go to any Appropriate Dealership for battery replacement. In both cases, You must pay for the replacement battery and submit documents for reimbursement up to the coverage limit of Your plan. Subsequent to any after-hours replacement, You MUST call Classic Administration Systems, LLC [1-877-222-4162] the following business day to report Your claim. You MUST provide the following: (a) the original, paid, repair invoice with Your signature; (b) legible copies of the front and back of Your Agreement; (c) photos of the damaged battery and (d) a copy of the battery charging results and load test print out. NOTE: THE ADMINISTRATOR RESERVES THE RIGHT TO INSPECT ANY DAMAGED BATTERIES PRIOR TO DISPOSAL. FAILURE TO PRESERVE DAMAGED PROPERTY MAY RESULT IN CLAIM DENIAL.

 

CANCELLATIONS

If this Agreement is cancelled by You within thirty (30) days from the Agreement Purchase Date, You will receive a refund of the full purchase price, less the amount of any claims paid or payable. If You cancel this Agreement after the first thirty (30) days from the Agreement Purchase Date, You will be refunded on a prorated basis, less a cancellation fee of fifty dollars ($50) and the amount of any claims paid or payable. The refund will be payable to You or the Lienholder, where applicable. To initiate the cancellation process, You must contact the Seller or the Administrator.  The Agreement may be cancelled by the Administrator at any time.  If the Administrator initiates the cancellation, You will receive a refund of the full purchase price. The Lienholder will be named on the check when financing has been provided for the purchase price.

 

WE EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE UNDER THIS AGREEMENT.

 

 

LIMITED APPLICABILITY OF THE FEDERAL MAGNUSON MOSS WARRANTY ACT:  You agree and acknowledge that You have paid an additional fee for this Agreement that is separate and apart from the purchase price You paid for the Vehicle.  Because of that separately stated consideration, You agree and acknowledge that this Agreement is not part of the basis of the bargain for Your purchase of the Vehicle.  You further agree and acknowledge that We, the Administrator/Obligor under this Agreement, are not the supplier of the Vehicle.  Consequently, this Agreement is not a “written warranty” under the Federal Magnuson Moss Warranty Act.  As a result, this Agreement is not subject to the provisions of the Magnuson Moss Warranty Act that apply only to a “written warranty”.

 

 

ARBITRATION

Arbitration: PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED THROUGH BINDING ARBITRATION.

  1. 1. Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are waiving our right to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration. This Arbitration Provision sets forth the terms and conditions of our Agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision.
  2. 2. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this Agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this Agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. By signing this Agreement, You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Partie
  3. 3. YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS-ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT.
  4. 4. The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will take place before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county that You live in, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at www.adr.org or call (800) 778–7879.
  5. 5. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s service If We initiate arbitration against You, We will pay Your filing fee and all costs associated with the arbitration. We shall bear the expense of Your reasonable and actual attorney’s fees, as determined by the arbitrator, regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including all attorney’s fees.
  6. 6. An arbitration award may not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction.
  7. 7. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court rather than in arbitration.
  8. NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. BY SIGNING THIS AGREEMENT, THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.
  9. 9. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights (Paragraph 3) or the Parties’ acknowledgement of no Agreement as to class arbitration (Paragraph 8) are deemed invalid or unenforceable, then this Arbitration Provision shall, upon election of any Party, be invalidated and unenforceable in its entirety.
  10. 10. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior Agreement, this Arbitration Provision govern
  11. 11. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF THE EXECUTION OF THIS AGREEMENT.

OBLIGOR

Classic Administration Systems, LLC [1603 Capital Avenue, Suite 303D, Cheyenne, WY 82001], [1-877-222-4162]

 

ADMINISTRATOR

Classic Administration Systems, LLC [1603 Capital Avenue, Suite 303D, Cheyenne, WY 82001], [1-877-222-4162]

 

INSURANCE STATEMENT

Our obligations under this contract are fully insured by a contractual liability insurance policy issued by [Old Republic Insurance Company (Tulsa Branch Office), 8282 South Memorial Drive, Tulsa, Oklahoma 74133].

If the Obligor fails to pay an authorized claim within sixty (60) days, or if the obligor becomes insolvent or ceases to conduct business during the term of this agreement, You may submit Your claim directly to the applicable insurer at the above address for consideration.

STATE REQUIREMENTS AND DISCLOSURES

ALABAMA: A twenty-five- dollar ($25) cancellation fee is applicable.  The CANCELLATION section is amended as follows:  If You are the original Agreement holder and You cancel this Agreement within thirty (30) days of the original Agreement purchase date, a ten percent (10%) penalty per month shall be added to a refund that is not made within forty-five (45) days of this Agreement to Us.  The lienholder, if any, will be named on a cancellation refund check as their interest may appear. In the event We cancel the Agreement, We will mail a written notice to You at Your last known address at least five (5) days prior to cancellation with the effective date for the cancellation and the reason for cancellation. We are not required to mail You written notice if the reason for cancellation is nonpayment of the Provider fee or a material misrepresentation by You to the Provider relating to the covered property or its use. If We cancel, refunds will be calculated according to the Pro-Rata method and no administration fee will be charged.

ALASKA: CANCELLATION section is amended as follows: We will retain a cancellation fee of seven-and- one half percent (7.5%) of the unearned pro rata Agreement purchase price, not to exceed twenty-five dollars ($25); to be based on the days in force, as related to Your Agreement’s term. The cancellation fee is only applicable if You cancel the Agreement after 30 days from the Agreement Purchase Date. If this Agreement is cancelled, We shall refund or credit to You the prorated amount of the unearned Agreement Purchase Price, less any claims paid, within forty-five (45) days after the return of this Agreement to Us. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited to You within forty-five (45) days after return of the Agreement to the provider, regardless of who initiated the cancellation.  If We cancel the Agreement, written notice of such cancellation will be mailed to You at least five (5) days before cancellation by Us. The notice shall state the effective date of the cancellation and the reason for 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 this Agreement or by You in pursuing a claim under the Agreement. The time limit claims reporting requirement for all coverage and their corresponding exclusions, are not applicable; thereby all references to such requirements are deleted in their entirety. CANCELLATION section that reads “Administrator reserves the right to rescind or cancel this Agreement at any time by refunding the original purchase price to the Agreement holder,” is deleted in its entirety and replace with: We may cancel this Agreement for non-payment of the Agreement charge, or for misrepresentation in the submission of a claim. The ARBITRATION section is deleted in its entirety and replaced with: If You and the Administrator/Obligor fail to agree on the amount of a covered first party loss, either may make written demand upon the other to submit the dispute for appraisal. Within ten (10) days of the written demand, each party must notify the other of the appraiser each has selected. The two appraisers will promptly choose a competent and impartial umpire. Not later than fifteen (15) days after the umpire has been chosen, unless the time period is extended by the umpire, each appraiser will separately state, in writing, the amount of the loss. If the appraisers submit a written report of agreement on the amount of the loss, the agreed amount will be binding. If the appraisers fail to agree, the appraisers will promptly submit their differences to the umpire. A decision agreed to by one of the appraisers and the umpire will be binding. All expenses and fees, not including counsel or adjuster fees, incurred because of the appraisal shall be paid, as determined by the umpire. Except as specifically provided, nothing in this section is intended to or shall in any manner limit or restrict Your rights or the rights of the Administrator/Obligor. If the Obligor fails to pay an authorized claim within thirty (30) days, or if the obligor becomes insolvent or ceases to conduct business during the term of this Agreement, you may submit your claim directly to the applicable insurer at the above address for consideration.

ARIZONA: Nothing in this section prevents, limits, or waives Your rights to file a complaint against Us, [Classic Administration Systems, LLC], or seek remedy available thereto, with the Arizona Department of Insurance.  CANCELLATION section is amended as follows: A twenty-five dollar ($25) cancellation fee is applicable.  You may cancel this Agreement by submitting a written request to the Seller containing a copy of Your Agreement and the current mileage on Your Vehicle. During the first thirty (30) days from the Agreement purchase date, We or the Seller will refund You one hundred percent (100%) of the Agreement purchase price with no deductions for any claims or pending claims.  After the first thirty (30) days from the Agreement purchase date, We or the Seller will refund You a pro-rated amount of the Agreement purchase price, based on the lesser of the months or miles remaining, less a twenty-five dollar ($25) cancellation fee.  We may not cancel or void this Agreement or any provisions of this Agreement due to (1) Our acts or omissions in failing to provide correct information or to perform services or repairs in a timely, competent, and workmanlike manner, (2) prior use or unlawful acts relating to the covered battery, (3) Our misrepresentation, and (4) ineligibility of the battery for coverage under the program.

Exclusions section is amended as follows: Grey Market vehicle exclusion does not apply to Arizona residents. Pre-Existing Condition(s) are not excluded, if such conditions were known or should have been known by Us or Seller selling the Agreement on Our behalf.

COLORADO: Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy issued by [Old Republic Insurance Company (Tulsa Branch Office) policy number [T3-05-0010].

CONNECTICUT:  Unresolved complaints may be addressed to the State of Connecticut, Insurance Department, [P.O. Box 816, Hartford, CT 06142-0816], Attention: Consumer Affairs.  If the warranty period is less than one (1) year, the coverage is automatically extended if the product is being repaired when the warranty expires.  CANCELLATION section is amended as follows: You may cancel this Agreement at any time for any reason by submitting a written request to the Seller containing a copy of Your

Agreement. You may cancel this agreement if the vehicle is sold, lost, stolen, or destroyed. If You have filed a claim under this Agreement and the Obligor fails to pay or provide service within sixty (60) days of filing such a claim, or if the Obligor becomes insolvent or otherwise financially impaired, You may submit Your claim in writing with a copy of this Agreement and the sales receipt for the product to [Old Republic Insurance Company (Tulsa Branch Office), 8282 South Memorial Drive, Tulsa, Oklahoma 74133] or by calling [(800) 331-3780].

GEORGIA: ARBITRATION does not apply in Georgia.  CANCELLATION  section  is  deleted  in  its  entirety  and  replaced  with  the  following:    We  may  not  cancel this Agreement except for material misrepresentation or fraud at time of sale or non-payment of Agreement purchase price. If We cancel this Agreement, We or the Seller will refund You one hundred percent (100%) of the Agreement purchase price.  Written notice of cancellation will be mailed to You at least ten (10) days prior to the cancellation of this Agreement for non-payment of the Agreement purchase price. At least thirty (30) days written notice of cancellation will be mailed to You for all other reasons. Cancellation will comply with Section 33-24-44 of the Georgia Code. Cancellation fee is not applicable.  You may cancel this Agreement at any time.  If You cancel this Agreement within the first thirty (30) days and no claims have been filed, We will refund the entire Agreement purchase price. If this Agreement is cancelled after the first thirty (30) days or a claim has been filed, We will refund the amount of the Agreement purchase price according to the pro- rata method reflecting the greater of the days in force or the miles driven. An administrative fee of ten percent (10%) of the pro-rata refund amount will be applied if the Agreement is cancelled by You. If Your Agreement is financed, the lender has the right to receive any portion of the cancellation refund amounts.  If Your Vehicle is repossessed, stolen or declared a total loss, You authorize the lender to cancel this Agreement.  The lienholder, if any, will be named on a cancellation refund check as their interest may appear. EXCLUSIONS, the third bullet point is deleted in its entirety and replaced with the following: Any modifications or alterations made to Your vehicle by You or with Your knowledge will exclude you from replacement paid by Us. Pre-Existing Condition(s) are not excluded, if such conditions were known or should have been known by Us or Seller selling the Agreement on Our behalf.

IDAHO: Coverage afforded under this Agreement is not guaranteed by the Idaho Insurance Guarantee Association. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company.

ILLINOIS: CANCELLATION section is amended as follows: If You elect cancellation, We may retain a cancellation fee not to exceed the lesser of ten percent (10%) of the Agreement purchase price or fifty dollars ($50).

INDIANA: Your proof of payment to the Seller for this Agreement shall be considered proof of payment to [Old Republic Insurance Company (Tulsa Branch Office)], which guarantees Our obligations to You, providing such insurance was in effect at the time You purchased this Agreement. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company. This Agreement is not insurance and is not subject to Indiana insurance law.

IOWA: Iowa residents only may contact the Iowa Insurance Commissioner at the following address:  Iowa Insurance Division, [1963 Bell Avenue, Suite 100, Des Moines, Iowa 50315] [(515) 654-6600]. CANCELLATION section is amended as follows: If You cancel this Contract after the first thirty days (30) from the Agreement Purchase date a fee often percent (10%) of the purchase price, will be deducted from any refund due. If You are the original Agreement Holder and You cancel this Agreement within thirty (30) days of the original Agreement purchase date, 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, unless the reason for cancelation is for; 1) Nonpayment of the Agreement Purchase Price; 2) A material misrepresentation by You to Us or Our Administrator; or 3) A substantial breach of duties by You relating to the Covered Vehicle or its use. The written notice shall state the reason and effective date of such cancellation. If We cancel this Contract for any reason other than nonpayment of the Contract Purchase Price, We will refund You one hundred percent (100%) of the unearned Agreement Purchase Price based on the Pro Rata refund method less any claims paid, less a fee of ten percent (10%) of the Agreement Purchase Price. If We cancel the Agreement, written notice of such cancellation will be mailed to You within at least fifteen (15) days of the date of cancellation. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company.

KENTUCKY: Cancellation fee is not applicable.

LOUISIANA: “This is not an insurance policy” is deleted from page one of this Agreement. CANCELLATION section is amended as follows: After thirty (30) days, We cannot cancel this Agreement except: (1) If there has been a material misrepresentation or fraud at the time of sale of the Agreement; (2) If You failed to maintain the motor Vehicle as prescribed by the manufacturer; or (3) For non-payment of the Agreement Purchase Price by You, in which case, We will provide You notice of cancellation by certified mail.  The refund will be based upon a pro-rata basis.  In calculating a refund, no deduction shall be allowed for any claim that has been paid under the Agreement.  If You have requested cancellation within the first thirty (30) days, full refund, minus any cancellation fee, shall be issued.  Cancellation fees will not exceed fifty dollars ($50).  The “less any claims paid” language does not apply in the State of Louisiana.   The DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section is voluntary and non-binding.

MARYLAND: CANCELLATION section is amended as follows: If You are the original Agreement holder and You cancel this Agreement within thirty (30) days of the original Agreement purchase date, and if no claims have been paid, a full refund will be issued. The cancellation fee does not apply in Maryland. A ten percent (10%) penalty per month shall be added to a refund that is not made within forty-five (45) days of return of this Agreement to Us.

After forty-five (45) days, We cannot cancel this Agreement except:

  1. When there exists:
  2. a material misrepresentation or fraud at the time of sale of the Agreement;
  3. b. a matter or issue related to the risk that constitutes a threat to public safety; or
  4. a change in the condition of the risk that results in an increase in the hazard insured against;
  5. for non-payment of premium; or
  6. due to the revocation or suspension of the driver’s license or motor Vehicle registration of the named insured or covered driver under the policy and for reasons related to the driving record of the named insured or covered driver. If Your Agreement is financed, the insurer shall return any gross unearned premiums that are due under the insurance Agreement, computed pro rata, and excluding any expense constant, administrative fee, or any nonrefundable charge filed with and approved by the Commissioner.

ARBITRATION does not apply in Maryland. 

You may file a claim directly with [Old Republic Insurance Company (Tulsa Branch Office)] if we fail to pay any claim or make any refund or consideration due within 60 days after the proof is filed with Us. To do so, please call the following toll free number for instructions: [(800) 331-3780].

MASSACHUSETTS: CANCELLATION section is amended as follows: If You are the original Agreement holder and You cancel this Agreement within thirty (30) days of the original Agreement purchase date, You will receive a refund within forty-five (45) days of return of this Agreement to Us; otherwise a ten percent (10%) penalty per month shall be added to a refund.

MINNESOTA: CANCELLATION section is amended as follows:  A ten percent (10%) penalty per month must be added to a refund that is not paid or credited within forty- five (45) days after return of the Agreement to the provider. If We cancel the Agreement, written notice of such cancellation will be mailed to You within fifteen (15) days of the date of cancellation and will state the effective date and the reason for cancellation; five (5) days written notice will be mailed to You for non-payment of premium, material misrepresentation or substantial breach of duties by You.

MISSISSIPPI: CANCELLATION section is amended as follows: If We cancel the Agreement, We shall refund You one hundred percent (100%) of the Agreement Purchase Price, less the amount of any claims paid. Written notice of such cancellation will be mailed to You not less than thirty (30) days prior to the effective date of such cancellation and will state the reason for cancellation; ten (10) days written notice will be mailed to You for non-payment of premium. Cancellation by the Us shall only occur in instances of non-payment of the provider fee, a material misrepresentation by the Agreement Holder to Us, or a substantial breach of duties by the Agreement Holder relating to the covered product or its use. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited to You within forty-five (45) days after return of the Agreement to the provider, regardless of who initiated the cancellation. If the Agreement is cancelled after thirty (30) days, or if a claim has been made against this Agreement, the cancellation fee is applicable not to exceed, ten percent (10%) of the Agreement Purchase Price.  ARBITRATION does not apply in Mississippi.  This Agreement is not supported by a manufacturer or distributor.

MISSOURI: CANCELLATION section is amended as follows:  If We cancel the Agreement, notice of such cancellation will be delivered to You by registered mail fifteen (15) days prior to cancellation. The applicable free-look time period on this Agreement shall only apply to the original Agreement purchaser. 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. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company.

NEBRASKA:  ARBITRATION section is deleted in its entirety and replaced with the following:  Any claim or dispute in any way related to this Agreement, by a person covered by this Agreement against Us or Us against a person covered under this Agreement, may be resolved by arbitration only upon mutual consent of the parties. Arbitration pursuant to this provision shall be subject to the following:

  1. a) No arbitrator shall have the authority to award punitive damages or attorney’s fees;
  2. b) Neither party shall be entitled to arbitrate any claims or disputes in a representative capacity or as a member of a class; and
  3. c) No arbitrator shall have the authority, without the mutual consent of the parties, to consolidate claims or disputes in arbitration.

If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company.

NEVADA:  ARBITRATION does not apply in Nevada.  CANCELLATION section is deleted in its entirety and replaced with the following: You may cancel this Agreement by submitting a written request to the Seller containing a copy of Your Agreement and the current mileage on Your Vehicle.  During the first thirty (30) days from the Agreement purchase date, We or the Seller will refund You one hundred percent (100%) of the Agreement purchase price.  After the first thirty (30) days from the Agreement purchase date, We will refund You a pro-rated amount of the Agreement purchase price, less a twenty-five dollar ($25) cancellation fee, within forty-five (45) days after the Agreement has been returned to Us.  A ten percent (10%) penalty per month shall be added to a refund that is not made within forty-five (45) days of return of this Agreement to Us. We may cancel this Agreement during the first thirty (30) days of the Agreement purchase date for any reason. After thirty (30) days, We may cancel this Agreement for material misrepresentation or fraud by You at time of sale or non-payment of Agreement purchase price by You.  If We cancel this Agreement, We or the Seller will refund You one hundred percent (100%) of the Agreement purchase price.   No claims paid on Your Agreement will ever be deducted from any refund issued pursuant to this Agreement in Nevada. If We cancel this Agreement, no cancellation will become effective until at least fifteen (15) days after the notice of cancellation is mailed to You. If Your Agreement is financed, the lender has the right to receive any portion of the cancellation refund amounts.  If Your Vehicle is repossessed, stolen or declared a total loss, You authorize the lender to cancel this Agreement.   In either case, no cancellation will become effective until at least fifteen (15) days after the notice of cancellation is mailed to You.  This Agreement is non-renewable.

This Agreement does not cover or pay for any consequential loss or damage whatsoever, including loss, damage or injury to person or property resulting from the failure of any parts of Your Vehicle, the replacement of which are covered under the terms and conditions of this Agreement.

Parts will be replaced with those of like kind and quality at our sole discretion.  We may use new or remanufactured parts in repairing Your Vehicle. If the covered component cannot be repaired, if the cost of the repair exceeds the original purchase price, or if parts are no longer available or are discontinued by the manufacturer, the covered component will be replaced as determined by Us with a component of similar features.

This Agreement does not cover pre-existing conditions or consequential damages.

Exclusions, the third bullet point is deleted in its entirety and replaced with the following: This Agreement will not cover any unauthorized  or non-manufacturer-recommended modifications to the Covered Product, or any damages arising from such unauthorized or non-manufacturer-recommended modifications. However, if the Covered Product is modified or repaired  in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Agreement will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer-recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Agreement.

This Agreement is non-transferrable.

NOTICE: If You are not satisfied with the manner with which the provider is handling your claim on the Agreement, You may contact the Commissioner with the Nevada Division of Insurance 1-888-872-3234.

NEW HAMPSHIRE: ARBITRATION does not apply in New Hampshire.  If You have any questions regarding this Agreement, You may contact Us by mail or by phone.  Refer to the front of this Agreement for Our address and toll-free number. In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department at the following address: [21 Fruit Street, Suite 14, Concord, New Hampshire 03301].

NEW    JERSEY: CANCELLATION section is amended as follows: If You are the original Agreement holder and You cancel this Agreement within thirty (30) days of the original Agreement purchase date, You will receive a refund within forty-five (45) days of return of this Agreement to Us; otherwise a ten percent (10%) penalty per month shall be added to a refund.

NEW MEXICO:  CANCELLATION section is amended as follows: No Agreement that has been in effect for at least seventy (70) days will be cancelled by Us before the expiration of the agreed term of one (1) year after the Agreement purchase date, whichever occurs first, except on any of the following grounds:

  1. Your failure to pay an amount when due;
  2. You are convicted of a crime that results in an increase in the service required under the Agreement;
  3. Discovery of fraud or material misrepresentation by You in obtaining the Agreement or in presenting a claim for service there under; or
  4. Discovery of  either  of  the  following  if  it  occurred  after  the  Agreement  purchase  date  and  substantially  and  materially  increased  the  service required under the Agreement:
  5. An act or omission by You; or b. Your violation of any condition of the Agreement.

If We cancel the Agreement, notice of such cancellation will be delivered to You by registered mail fifteen (15) days prior to cancellation.  The notice of cancellation will state the reason for cancellation and will include any reimbursement required. The cancellation will be effective as of the date of termination as stated in the notice of cancellation. 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.  The cancellation fee does not apply in New Mexico. If You have any concerns regarding the handling of Your claim, You may contact the Office of Superintendent of Insurance at 855-427-5674. ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICAION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMIAL PENALTIES.

NEW YORK: CANCELLATION section is amended as follows: If this Agreement is originally delivered to You by mail, You may cancel this Agreement within thirty (30) days after the Agreement was mailed to You and receive a full refund of the Agreement purchase price provided no claim has been made under the Agreement. If a full refund is due to You under this Agreement, a ten percent (10%) penalty per month will be added to the refund if it is not made within thirty (30) days of return of the Agreement to Us. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company.

NORTH CAROLINA: CANCELLATION section is amended as follows:  A twenty-five dollar ($25) cancellation fee or ten percent (10%) of the pro-rata refund amount, whichever is less, is applicable. We may only cancel this Agreement for non-payment of premium or for a direct violation of the Agreement by You.

OHIO: This Agreement is not an insurance policy and is not subject to the insurance laws of this state. In the event You cancel the Agreement as stated in the CANCELLATION section and no refund is received, You may contact [Old Republic Insurance Company (Tulsa Branch Office)] directly for Your refund. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company.

OKLAHOMA: Oklahoma service warranty statutes do not apply to commercial use references in service warranty Agreements. Coverage afforded under this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association. Classic Administration Systems, LLC [1603 Capital Avenue, Suite 303D, Cheyenne, WY 82001, 1-877-222-4162]. Oklahoma License No. [XXXXXXXX].

CANCELLATION section is deleted in its entirety and replaced with the following: You may cancel this Agreement by submitting a written request to the Seller containing a copy of Your Agreement. If You cancel during the first thirty (30) days from the Agreement Purchase Date, and no claim has been authorized or paid, We or the Seller will refund You one hundred percent (100%) of the Agreement Purchase Price.   After the first thirty (30) days from the Agreement Purchase Date, or if a claim was made within the first thirty (30) days, We or the Seller shall provide a refund of ninety percent (90%) of the unearned pro rata premium, less the cost of service provided under this Agreement. We may cancel this Agreement during the first thirty (30) days of the Agreement Purchase Date for any reason.  After thirty (30) days, We may cancel this Agreement for material misrepresentation or fraud at time of sale or for non-payment of Agreement Purchase Price.  If We cancel this Agreement, We or the Seller will refund You one hundred percent (100%) of the Agreement Purchase Price, less the cost of service provided under this Agreement. If Your Agreement is financed, the lienholder has the right to receive any portion of the cancellation refund amounts. If Your Vehicle is repossessed, stolen or declared a total loss, You authorize the lienholder to cancel this Agreement. ARBITRATION section is amended as follows: 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 district court of Oklahoma.

OREGON: ARBITRATION does not apply in Oregon. Emergency Repairs. Should an emergency occur which requires a repair or replacement at a time when the Administrator’s office is closed, You must call the Administrator’s office at 1-877-222-4162 on the first available business day after the date of repair to determine if such repair will be covered by this Agreement. If covered You will be reimbursed upon receipt of all repair orders, sales invoices, and/or other relevant or appropriate documentation, as many reasonably be requested by the Administrator.

SOUTH CAROLINA: If You have any questions regarding this Agreement, or a complaint against Us, You may contact the South Carolina Department of Insurance at, Capitol Center, [1201 Main Street, Ste. 1000, Columbia, South Carolina  29201] or by phone at [(800) 768-3467]. CANCELLATION section is amended as follows:  A ten percent (10%) penalty per month shall be added to a refund that is not made within forty-five (45) days of return of this Agreement to Us. The lienholder, if any, will be named on a cancellation refund check as their interest may appear.

TEXAS: If You have any questions regarding the regulation of this Agreement or a complaint against Us, You may contact the Texas Department of Licensing and Regulation at [920 Colorado, Austin, Texas 78701] or [P.O. Box 12157, Austin, Texas 78711], [(800) 803-9202]. CANCELLATION section is amended to add the following: A ten percent (10%) penalty per month shall be added to a refund that is not made within forty-five (45) days after return of the Agreement to Us. If a covered claim is not paid within forty- five (45) days after You have filed proof of loss with Us, You may file a claim directly with [Old Republic Insurance Company (Tulsa Branch Office)]. If We cancel this Agreement for any reason other than non-payment of the Agreement purchase price or material misrepresentation by You to Us, We shall mail a written notice of cancellation to You at the last known address before the fifth day preceding the effective date of cancellation. The notice will state the effective date of cancellation and the reason for cancellation.

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.

If You fail to give any notice or file any proof of loss required by this Agreement within the time specified in this Agreement, it does not invalidate a claim made by You if You show that it was not reasonably possible to give the notice or file the proof of loss within the prescribed time and that notice was given or proof of loss was filed as soon as reasonably possible.

CANCELLATION section is amended as follows: If We cancel this Agreement, We will provide written notice of cancellation, including the actual reason for the cancellation, to the last known mailing address at least:

  1. Ten (10) days before the effective date of cancellation if cancelled for non-payment of the Agreement purchase price;
  2. Forty five (45) days before the effective date of cancellation if cancelled for any other reason.

We may cancel this Agreement for any reason within (90) days of the Agreement Purchase Date for the following:

  1. Material misrepresentation;
  2. Substantial change in risk; or
  3. Substantial breaches of contractual duties

Payment Terms: This Agreement can be purchased by using Cash/Credit Card or Financed as part of Your Vehicle loan/lease.

ARBITRATION SECTION IS AMENDED AS FOLLOWS:  ANY MATTER IN DISPUTE BETWEEN YOU AND US MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF (THE AMERICAN ARBITRATION ASSOCIATION OR OTHER RECOGNIZED ARBITRATOR), A COPY OF WHICH IS AVAILABLE ON REQUEST FROM US. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND US. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY’S FEES IF ALLOWED BY STATE AND MAY BE ENTERED AS A JUDGEMENT IN ANY COURT OF PROPER JURISDICTION.

This Agreement has a $0 deductible per occurrence.

Pre-existing conditions are not covered.

INSURANCE STATEMENT section is amended as follows: Should the obligor fail to pay or provide service on any claim within 60 days after proof of loss has been filed, the Agreement holder is entitled to make a claim directly with [Old Republic Insurance Company (Tulsa Branch Office)].

VIRGINIA:  If any promise made in the 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 Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.

WEST VIRGINIA: The cancellation fee does not apply in West Virginia.  ARBITRATION section is amended as follows: If both parties agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a third arbitrator. If they cannot agree upon the selection of a third arbitrator within thirty (30) days, both parties must request that selection of a third arbitrator be made by a judge of a court having jurisdiction. Local rules of law as to procedure and evidence will apply. Payment of the arbitrator’s fee shall be made by Us if coverage is found to exist. If coverage is not found, each party will: (a) pay its chosen arbitrator; and (b) bear the other expenses of the arbitrator equally.

If a covered Claim is not paid within fifteen (15) working days from the agreed upon settlement, You may file a Claim directly with [Old Republic Insurance Company (Tulsa Branch Office)].

WISCONSIN: THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. CANCELLATION section is deleted in its entirety and replaced with the following: You may cancel this Agreement by submitting a written request to the Seller containing a copy of Your Agreement and the current mileage on Your vehicle.  During the first thirty (30) days from the Agreement purchase date, We or the Seller will refund You one hundred percent (100%) of the Agreement purchase price, less any claims paid on Your Agreement. After the first thirty (30) days from Agreement purchase date, We or the Seller will refund You a pro-rated amount of the Agreement purchase price, based on the months remaining, less a cancellation fee not to exceed the lesser of ten percent (10%) of the Agreement purchase price or fifty dollars ($50).  If You are the original Agreement holder and You cancel this Agreement within thirty (30) days of the original Agreement purchase date, We, shall pay a ten percent (10%) per month penalty of the refund amount outstanding which We shall add to the amount of the refund that is not made within forty-five (45) days of return of this Agreement to Us.

You may cancel this Agreement at any time in the event of total loss of property covered by this Agreement that is not covered by a replacement of the property pursuant to the terms of the Agreement.  We or the Seller will refund You a pro-rated amount of the Agreement purchase price less any claims paid on Your Agreement.  We may cancel this Agreement for material misrepresentation or fraud at time of sale, substantial breach of duties by the Agreement holder relating to Agreement coverage, or non-payment of Agreement purchase price. If We cancel this Agreement, We will provide written notice of cancellation, including the effective date of the cancellation and the actual reason for the cancellation, to the last known mailing address at least five (5) days prior to the effective date of the cancellation. If We cancel this Agreement, We or the Seller will refund You one hundred percent (100%) of the Agreement purchase price, less any claims paid on Your Agreement.

This Agreement has a $0 deductible per occurrence. ARBITRATION does not apply in Wisconsin.

Wyoming: ARBITRATION does not apply in Wyoming. CANCELLATION section is amended as follows: If You are the original Agreement holder and You cancel this Agreement within sixty (60) days of the original Agreement purchase date, a ten percent (10%) penalty per month shall be added to a refund that is not made within forty-five (45) days of return of this Agreement to Us. If We cancel this Agreement, We will provide written notice of cancellation, including the effective date of the cancellation and the actual reason for the cancellation, to the last known mailing address at least: Ten (10) days before the effective date of cancellation if cancelled for any reason other than non-payment of the Agreement purchase price; a material misrepresentation by You to the provider; or a substantial breach of duties by You relating to the covered product or its use.

Privacy Notice: The Obligor may collect nonpublic information received from you on this form and other documents, such as name, address, lender, Agreement coverage, pricing, terms, vehicle information and vehicle identification number. Obligor may disclose some or all of the information collected, as described above, to non-affiliated third parties in connection with the administration, processing, servicing, or payment of this Agreement. We do not disclose any nonpublic personal information to anyone else, except as permitted by law. Duties by You relating to the covered product or its use.

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