TruTruck VSC and GAP Program
Compliance-driven F&I Products
KEY FEATURES
TruWarranty combines best practices in compliance, technology, and underwriting strength: • Products underwritten in partnership with Fortegra • Most advanced reporting available, anywhere • Online dashboards show you exactly how your dealerships perform • All-digital contract administration and tracking • Full reinsurance participation, using your existing provider • Innovative TruMenu interface makes it simple to sell • Private labeling available on all F&I products
menu THE BEST F&I MENU, AT ANY PRICE
NEVER PAY FOR A MENU AGAIN
HIGHLIGHTS Sign your dealerships up for any TruWarranty product, and get TruMenu at no extra cost. No monthly fees. No gimmicks. No long-term commitment. No minimums. Compatible with all F&I administrators via Provider Exchange Network (PEN). Multiple products sold by multiple administrators? No problem—aggregate them all.
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truwarranty.co
AVAILABLE VIA WEB BROWSER OR BY IPAD—YOUR CHOICE.
Warranties and Service Contracts for all the brands your dealerships sell.
13+
YEARS IN BUSINESS
50
COMPLIANT IN ALL STATES
BEST IN CLASS CLAIMS ADMINISTRATION
Designed for dealerships: our simple selling interface provides a quick path to significant revenue.
• Headquartered in Joplin, MIssouri • Founded on Groundhog Day, 2008 • Servicing 500+ dealers nationwide • All claims paid by virtual credit card, instantly • No paper forms— everything is electronic • Easy remitting process, using ACH or eChecks
We are now AM Best Financial Category VIII,
40+
YEARS IN BUSINESS
A-
35,000,000
A.M. BEST FINANCIAL STRENGTH RATINGS OF EXCELLENT
CONSUMERS PROTECTED WORLDWIDE
As a vertically-integrated insurer, we have the structure and flexibility to support a variety of warranty products and risk structures.
PRODUCTS VSC • Ancillary • GAP • Diminished Value • VVP • MSI •
• Motor Club •
Key Auto • Powersports • RV • VPP •
• Home
Electronics •
VERSATILE RISK STRUCTURES First Dollar & Failure to Perform • Flat Fee & Percentage Fee • 100% Re-insured CFC or NCFC •
Proud Partners With
*Fortegra®
• A/O & DOWC
Designed For Reinsurance 100% compatible with your existing reinsurance program 100% participation in underwriting profits Log in 24/7 to see how your program is performing Backed by A-rated Insurance and Compliant Nationwide
FINALLY: now you can match up your reinsurance cession reports (available online, 24/7) against your custodial accounts. Reinsurance just got really easy—stop wasting time on quarterly reviews that no one understands. Reinsurance Company:
Dunder Mifflin Reinsurance
Product Type: Report Group: Dealer: Owner:
ALL ALL Sabre Auto Group ALL
PERSONNEL CONTD
TRUTRUCK AGREEMENT TruTruckWARRANTY Dealer Agreement This Dealer Agreement (“Agreement”) is made and entered into by and between Administrator and Dealer as identified below and shall be deemed effective as of the date set forth in the signature block (“Effective Date”). Administrator has expertise in administering extended service contracts, ancillary products, free limited warranty (“Limited Warranty”) and trade in protection plans (collectively “Protection Plans”) and desires to assist Dealer in selling, maintaining and administering the Protection Plan program (“Program”) for the benefit of Dealer and the Protection Plan Holders. Dealer is in the business of repairing new and/or used vehicles/crafts and desires to provide repair services for its customers who have purchased a Protection Plan (“Protection Plan Holder(s)”). 1. Sales. Administrator directly or through its related entities shall administer the Program for Dealer. 1.1. Dealer shall use its best efforts to market the Program and faithfully perform in every way its duties in compliance with the instructions of Administrator. Dealer shall not sell, solicit the sale of, or accept requests to purchase Protection Plans via the internet. 1.2. Administrator shall furnish Dealer with Protection Plan forms and other supplies approved by Administrator necessary for Dealer to implement the Program, all of which shall remain the property of Administrator and shall be returned to Administrator in the event of the termination of this Agreement or upon demand of Administrator. 1.3. Dealer shall offer to its customers, Protection Plans on a form approved in writing by Administrator. Each approved Protection Plan shall be sold only with respect to a qualifying vehicle/craft and at the fee indicated by Administrator as the Protection Plan Fee (“Protection Plan Fee”) in Administrator’s then current rate chart (“Rate Chart”) and subject to Administrator’s current procedures, coverages, rules and regulations. Administrator may at any time revise its procedures, coverages, rules, and regulations and Dealer shall promptly conform to any such revisions. Administrator shall not be obligated to perform administrative services with respect to any Protection Plan sold by Dealer on a form which has not been approved by Administrator or the use of which has been discontinued by Administrator or otherwise sold in violation of this Agreement. Dealer shall have no authority to alter, modify, waive or discharge any terms or conditions of any Program or any approved Protection Plan, or to incur any liability on behalf of Administrator, or to make representations about Protection Plan coverage not contained in the Protection Plan. 1.4. Dealer represents and warrants that it shall not, directly or indirectly, make any misrepresentation to a customer regarding: (i) the nature, status, or coverage of the Protection Plans, (ii) the extent of Dealer’s relationship with the customer or its role with respect to the Protection Plans, (iii) the identity of the administrator or obligor of the Protection Plans, or (iv) the status of the manufacturer’s warranty. Dealer shall provide accurate coverage, cancellation and price-related information to customers. Dealer agrees that it will comply with the cancellation and refund provisions and all other provisions of the Protection Plans. To the extent applicable, Dealer shall make its privacy policy available on its website. 1.5. Administrator shall pay a specified amount to Dealer or its designee with respect to certain Protection Plans sold pursuant to this Agreement (“Third Party Pass Through Payment”). The amount and eligibility requirements for payment shall be provided in a format approved by Administrator. Third Party Pass Through Payment shall not be considered due until such Protection Plan has been accepted by Administrator and fully paid to Administrator. Furthermore, payment of Third Party Pass Through Payment shall be contingent upon Dealer or the applicable Payment Provider, as defined below, remitting an amount equal to the Third-Party Pass Through Payment in addition to any and all other amounts payable to Administrator for the applicable Protection Plan. Administrator shall determine eligibility for Third Party Pass Through Payment with respect to Protection Plan(s) based on the net amounts received by Administrator from the sale or distribution of the Protection Plan(s). For purposes of this determination, “net amounts received” by Administrator shall mean the amount remaining from the gross sales price of the Protection Plan after deducting all applicable taxes and cancellations. Payment of Third Party Pass Through Payment amounts to Dealer or its designee shall be made by Administrator on a monthly basis, in arrears. 1.6. All amounts constituting Protection Plan Fee which are received by Dealer from the sale of Protection Plans shall remain at all times the property of Administrator and insurance company, and neither Dealer nor any third party claiming under, through or on behalf of Dealer shall have any interest in, or rights with respect to, such amounts. All amounts constituting Protection Plan Fee which are received by Dealer from the sale of Protection Plans shall be held separately in a fiduciary capacity by Dealer for the benefit of Administrator and the insurance company, until remitted to the Administrator. Dealer acknowledges and agrees that no acts or omissions by either party shall be deemed to waive or modify the creation of the fiduciary relationship as to the amounts referenced in the preceding sentence. Dealer agrees to remit to Administrator funds representing the Protection Plan Fee relating to each Protection Plan sold by the Dealer, within a maximum of thirty (30) days after Dealer issues the Protection Plan, along with a properly executed copy of such Protection Plan. Any amounts identified as due to Administrator for prior Protection Plan sales once a periodic Dealer statement has been provided to Dealer by Administrator, via Administrator’s online systems, shall be immediately due to Administrator. If such amounts have not been paid by the close of the month following the month in the Dealer statement was made available, the amounts due to Administrator may be deducted from any cancellation refunds due to Dealer from Administrator or the applicable Protection Plan(s) may be subject to rejection. Late submission and/or payment for a Protection Plans may result in a surcharge and a denial of claims. .1.7. Administrator shall be responsible for setting the Protection Plan Fee for each Protection Plan sold by Dealer. Such Protection Plan Fee shall be presented to Dealer in the current Rate Chart. The Rate Chart may be periodically adjusted by Administrator and any adjustment shall take effect no more than thirty (30) days after Dealer receives notice, in writing, of the revised Rate Chart. .1.7.1. If Dealer fails to properly remit funds and expenses for any Protection Plan issued by it, Dealer shall be responsible for any costs and expenses which may include, without limitation, the costs of repair, the Protection Plan Fee and the amount of any cancellation refunds. The failure of Dealer to properly remit funds for any Protection Plan issued by it shall constitute a material breach of this Agreement. .1.7.2. Upon receipt of amounts representing the Protection Plan Fee or Dealer Fee for Protection Plans sold by Dealer, Administrator shall forward insurance premiums to the insurance company for the insurance covering Protection Plans sold by the Dealer. .1.7.3. Periodically, Administrator shall make available to Dealer statements reflecting sales paid and reported for the previous month. If Dealer has objections with respect to any information contained in such statement, Dealer shall communicate such objections to Administrator, in writing, within thirty (30) days of the date the statement is made available to Dealer. Any and all objections not received in writing, by the Administrator, within the thirty (30) day period shall be deemed waived and abandoned. 1.8. In the event of a cancellation request, Administrator shall calculate the pro rata refund associated with any Protection Plan Fee or Dealer Fee previously paid to Administrator, which is due to the Protection Plan Holder or entity financing the Protection Plan (“Payment Provider”). Such pro rata refund shall be determined by Administrator in accordance with the Protection Plan terms and conditions, Payment Provider requirements and applicable law. Administrator shall promptly process cancellation requests, which are received with all required documentation, and shall issue any refunds due to Dealer in a timely manner. Except with respect to month to month Protection Plans, Dealer shall be solely responsible for remittance of any cancellation refund due to the Protection Plan Holder or any other party entitled to receive such refund under law. .1.8.1. If a Protection Plan is cancelled which was financed through a Payment Provider, Dealer shall refund to such Payment Provider a pro rata portion as specified by Administrator.
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.1.8.2. If a Protection Plan is cancelled which was not financed through a Payment Provider, Dealer shall refund to the Protection Plan Holder a pro rata portion (unless required by law to return the entire amount) as specified by Administrator. 1.8.3. For all Protection Plans (whether financed through a Payment Provider or not and including month-to-month Protection Plans), Dealer shall pay Administrator a cancellation fee regardless of the reason for cancellation, and Administrator shall be entitled to deduct such amount from the pro rata portion of the Protection Plan Fee which shall be returned. If Administrator pays Dealer an amount representing a pro rata portion of the Protection Plan Fee relating to a cancelled Protection Plan (other than a month-tomonth Protection Plan), Dealer shall be solely responsible for remitting the full amount of any cancellation refund to the Protection Plan Holder of the canceled Protection Plan or any other party entitled to receive such refund under law. .1.8.4. If a Protection Plan is cancelled for which Third Party Pass Through Payment was paid to Dealer’s designee, such cancellation shall result in the pro rata cancellation of the Third Party Pass Through Payment. Dealer shall be responsible for paying Administrator for the pro rata portion of Third Party Pass Through Payment for any cancelled Protection Plan(s); such pro rat aportion to be determined by Administrator in accordance with the terms of the Protection Plan and applicable law. Administrator shall have no obligation to seek repayment from Dealer’s prior or current designee of Third Party Pass Through Payment. Administrator shall have a right to offset amounts owed by Dealer, as a result of such pro rata portion of Third Party Pass Through Payment, against any amounts owed to Dealer by Administrator. 2. Agreement. Such right to renew shall survive termination of this Agreement. Service or Claim. Dealer shall contact and notify Administrator of any potential claim. In connection with any claim, Dealer shall report the following information to Administrator: Protection Plan number; Customer name, address and telephone number; vehicle/craft make, model, year, unique identifying number (e.g. VIN, hull, or motor) and current mileage; Owner’s original complaint, Dealer’s diagnosis and description of required repair; cost of repair including labor, required parts, cost of each required individual part and sublet cost and any information or documentation requested by Administrator. Administrator shall review report associated with a potential claim to determine eligibility for payment under the Protection Plan; Administrator shall verify the labor rates and parts prices that shall be used for any repair made pursuant to this Agreement. 2.1.1. The labor time authorized by Administrator to complete a repair shall be based upon one of the following nationally recognized labor guides: original equipment manufacturer labor guides, All-Data, Chilton, Mitchell, Mitchell OnDemand, or Spader. Upon execution of this Agreement, Dealer shall advise Administrator of Dealer’s preferred labor guide to price any repairs which may be authorized by Administrator under this Agreement. Once Dealer establishes the Dealer’s preferred labor guide, all repairs shall be priced consistent with such manual. If Dealer elects to change Dealer’s preferred labor guide, Dealer shall submit such request in writing to Administrator for prior written approval. Such approval shall not be unreasonably withheld. 2.1. Upon execution of this Agreement, Dealer must notify Administrator of Dealer’s hourly labor rate and require in the Dealer Profile. The Administrator shall authorize repairs based upon either (a) the dealership manufacturer’s approved retail labor rate or (b) the average retail labor rate charged by similar facilities in the same geographic region (“ARLR”). If the ARLR is elected by Administrator, the actual labor rate charged by Dealer may not exceed the ARLR. If Dealer requests a higher labor rate at any time in the future, Dealer shall submit such request in writing to Administrator. Such higher labor rate shall be used only following written approval of Administrator. .2.1.1. Sublet work shall be reimbursed at the lesser of (a) Dealer’s cost plus ten percent (10%) or (b) $75.00 provided, however, that if the entire repair has been sublet, it shall be reimbursed only at Dealer’s cost. .2.1.2. The cost of replacement parts for covered claims shall not exceed the manufacturer’s suggested retail price. .2.1.3. Administrator reserves the right, in its sole discretion, to adjust parts and labor reimbursement. Administrator shall provide notice of such changes and such changes shall apply only to repairs commenced thirty (30) or more days after Dealer has received notice of such changes. .2.1.4. Dealer shall be solely responsible for the following: (a) Parts, labor or other services provided which are (i) not authorized by Administrator; (ii) not specifically covered by Protection Plan; (iii) specifically excluded by Protection Plan; (iv) a result of Dealer’s failure to perform original repair in a good and workmanlike manner; (b) Any pre-existing conditions for any breakdown occurring (i) before coverage takes effect; (ii) prior to the Protection Plan purchase or coverage date (as applicable), (iii) if the information provided by Dealer cannot be verified as accurate or is found to be deceptively inaccurate; (c) Repair covered by (i) a manufacturer’s warranty, (ii) repairer’s guarantee, or (iii) service contract or other similar agreement, and (d) Shop supplies, hazardous material and/or environmental disposal fees. .2.1.5. Administrator shall in its sole discretion determine if Dealer may utilize replacement parts which are new, rebuilt or of “like kind and quality” based on the nature of the repair and the specific vehicle/craft involved. 2.2. Administrator shall provide a reference number with an agreed upon claim amount related to an approved repair under the Protection Plan. 2.3. Dealer shall submit a repair order to Administrator for completed repairs not more than sixty (60) days after the completion of such repairs. Administrator may reject any improperly submitted repair order, and such related repairs shall be the responsibility of Dealer. .2.3.1. Administrator shall review such repair orders to determine eligibility for payment under the Protection Plan. Administrator shall only process repair orders that contain the following information: Protection Plan number; Customer name, address and telephone number; vehicle make, model, year, unique identifying number (e.g. VIN, hull, or motor), and current mileage; Customer’s original complaint, Dealer’s diagnosis and description of required repairs; cost of repair including labor, required parts, cost of each required part and sublet cost; Administrator’s reference number and agreed upon claim amount; and Customer’s signature. .2.3.2. Administrator shall provide payment based upon the established reference number and the agreed upon claim amount which payment shall constitute payment in full. .2.3.3. Dealer shall be solely responsible for collecting, directly from the owner of the vehicle/craft, (a) the Protection Plan deductible (if any) for the repair, and (b) the cost of any non-covered and/or unauthorized parts, labor or other services. 2.4. Administrator may require an inspection to document the claim. Inspections shall be performed by independent companies, normally completed within forty-eight (48) hours. Dealer shall be advised if an inspection has been scheduled. 2.5. Dealer shall warrant all repairs and other services provided pursuant to this Agreement against defects in workmanship and materials, under normal use, for a minimum period of twelve (12) months or twelve thousand (12,000) miles after the service date, whichever comes first. 3. Term. The term of this Agreement will begin on the Effective Date and continue until terminated, by either party, upon written notice by the terminating party and the expiration of the thirty (30) day period following notice. 4. Termination. 4.1. This Agreement may be terminated by the Administrator immediately, if the Dealer fails to remit to the Administrator, on a consistent and timely basis, any and all amounts due to Administrator. Termination for failure to remit such amounts shall be effective immediately upon receipt by the Dealer of written notice from the Administrator. 4.2. This Agreement shall terminate automatically and in its entirety, without notice from Administrator, if (a) a petition of bankruptcy is filed by or against Dealer, (b) Dealer has made an assignment for the benefit of creditors or has been voluntarily adjudicated as bankrupt by any court of competent jurisdiction, (c) a petition for reorganization of Dealer, or an arrangement with creditors is filed by or against Dealer, (d) a receiver has been appointed for all or a substantial part of Dealer’s business, or (e) Dealer has permitted or suffered any attachment, levy, or execution agreement. 4.3. In the event a party (a) materially defaults in the performance of any of its duties or obligations under this Agreement, or (b) commits any fraud in connection with its performance under this Agreement, the other party may terminate this Agreement, in its entirety, by providing written notice to the defaulting or fraudulent party. Termination of this Agreement for fraud or material breach shall be effective immediately upon receipt of written notice by the non- terminating party.
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4.4. Termination of this Agreement, shall not alter the responsibilities of the parties with respect to Protection Plans issued and paid for prior to the date of such termination and shall not alter Dealer’s responsibilities with regard to the handling of refunds and each other payment obligation set forth herein. 5. Intellectual Property. Neither party shall use the registered trademarks, service marks, logos, name or any other proprietary designations of the other party or any of its parents or subsidiaries without the prior written consent of the other party of the proposed use. Furthermore, neither party shall issue any press release or disclosure to the general public regarding (a) the terms or execution of this Agreement; or (b) in any way make reference to its relationship with the other party or the other party’s related entities, without the prior written consent of the other party. 6. Indemnification. Dealer shall indemnify and hold Administrator, its parent, affiliates, related entities, officers, directors, employees, and agents harmless from and against any and all claims, actions, demands or liabilities (including, but not limited to attorneys’ fees and other legal costs) of any type arising out of or resulting from Dealer’s negligence, gross negligence, willful misconduct or breach of this Agreement, its failure to comply with any and all applicable laws, rules, regulations and ordinances or resulting from any act or omission by Dealer or its employees, if any. 7. Limitations on Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFIT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT THE OTHER PARTY, ITS EMPLOYEES, AGENTS OR ASSIGNS, MAY SUFFER WHICH ARE CAUSED BY OR RESULT FROM THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT BY THE OTHER PARTY. IN NO EVENT SHALL ADMINISTRATOR’S LIABILITY TO DEALER FOR ANY CLAIM, LOSS, LIABILITY, COST OR EXPENSE RELATING IN ANY WAY TO THIS AGREEMENT, WHETHER BASED IN WHOLE OR IN PART ON NEGLIGENCE, EXCEED THE AMOUNTS REMITTED BY DEALER TO ADMINISTRATOR IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, LOSS, LIABILITY, COST OR EXPENSE. FURTHER, NEITHER PARTY SHALL BE RESPONSIBLE TO THE OTHER FOR ANY TAX LIABILITY OR ASSOCIATED PENALTIES. 8. Insurance. Dealer shall procure, pay for, and maintain such policy or policies of insurance as are required by law or as are commercially reasonable for the transaction and business contemplated by this Agreement. 9. Confidential Information. Dealer acknowledges that by reason of the business relationship created by the Agreement, Dealer shall have access to certain information and materials concerning Administrator’s business plans, agents, customers, technology, pricing and products that are confidential and of substantial value to Administrator, which value would be impaired if such information were disclosed to third parties. Except as otherwise provided, Dealer shall not use in any way for its own account or the account of any third party, nor disclose to a third party, any such confidential information revealed to it by Administrator or accessible to Dealer pursuant to this Agreement. Disclosure of confidential information by Dealer to a third party shall not be permitted during the term of this Agreement or for three (3) years following termination of this Agreement. Confidential information shall not include such information that is in the public domain at the time of its disclosure to Dealer or becomes available in the public domain through no fault of Dealer. 10. Information Security. Both parties agree that during the term of this Agreement, the parties may receive or be given access to information , which may include nonpublic personal information (“NPI”) as such is defined in applicable state and federal privacy and data security laws and regulations (“Privacy & Data Laws”) relating to each party’s respective employees, customers, insureds or claimants. Accordingly, both parties agree to maintain effective information security policies and procedures that include administrative, technical and physical safeguards designed to: a) ensure the security of NPI, b) protect against anticipated threats or hazards to the security or integrity of NPI, c) protect against unauthorized access or use of NPI, and d) ensure the proper disposal of NPI (“Security Procedures”). Each party further agrees to immediately notify the other party of any actual or potential data breach involving NPI and to appropriately document any and all corrective actions taken. Both parties represent and warrant that it will contractually require its subcontractors to comply with Privacy & Data Laws and to maintain Security Procedures. To the extent that Dealer is authorized by Administrator to offer the Program in any Provinces or Territories of Canada, the parties shall comply with the Personal Information and Protection of Electronics Documents Act (“PIPEDA”), with regard to information received from Canadian residents. 11. Customer Data. In connection with the sale or ongoing administration of a Protection Plan, except as otherwise mutually agreed to in writing by the parties, the parties shall not collect the following NPI from customers: social security number, account passwords or pass codes, driver’s license or government-issued identification numbers, mother’s maiden name, healthcare or disability records. Further, the parties agree that they shall only solicit data or information from customers if such data or information is necessary to transact the sale or to perform the ongoing administration of the Protection Plan. And, each party agrees that it shall not send or otherwise make available to the other party any information described in this Section, unless agreed to in writing, in advance. Neither party shall share NPI with any other person or entity unless such sharing is necessary to transact the sale or to perform the ongoing administration of the Protection Plan. Notwithstanding the foregoing, the parties shall comply with all state and federal rules affecting the collection, maintenance and use of personally identifiable information (including, but not limited to the following, as appropriate: The Federal Trade Commission Act, the Gramm Leach Bliley Act, the Fair Credit Reporting Act, and the state data breach notification statutes). 12. Record Retention and Audit. Dealer shall keep, maintain and preserve during the term of this Agreement and for five (5) years thereafter or for such longer period as may be required by law accurate records which may include electronic files relating to the information gathered and created under this Agreement and showing its compliance with and performance of this Agreement. Administrator’s authorized representatives shall have the right to audit, inspect and copy such records of the Dealer, excluding any proprietary or privileged records, at all reasonable times during the business week (Monday through Friday, excluding holidays) upon receipt of two (2) weeks prior written notice. The costs of the audit shall be borne by the Administrator. 13. Relationship. The relationship between the parties shall be that of independent contractors. This Agreement is not intended to, nor does it create, a principal/agent, employer/employee, partnership or joint venture relationship between the parties. 14. Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Nevada, without regard to its choice of law principles. 15. Compliance with Laws. Each party shall, at its own expense, comply with any and all applicable local, state and federal laws, ordinances, codes, rules (including but not limited to rules promulgated by the Office of Foreign Assets Control) or those laws applicable to a marketer or seller of Protection Plans and regulations now or hereafter pertaining to its obligations under this Agreement. 16. Dispute Resolution. Any dispute relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be at a location within thirty (30) miles of Bedford, Texas. The arbitration shall be conducted by a single arbitrator who shall be bound to apply the laws of the State of Nevada and, where applicable, federal law. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The fact that arbitration is or may be used by the parties shall not impair the exercise of any termination rights under this Agreement. 17. Notices. Administrator may provide notice to Dealer under this Agreement by posting it on its program website, emailing it to the email address Dealer provided, or mailing it to the street address provided. Dealer shall notify Administrator of any changes to email address or street address in writing. Notice sent by Administrator shall be considered to be received by Dealer within 24 hours of the time it is posted to their respective program website or emailed to Dealer unless Administrator receives notice that the email was not delivered. All notices, demands, or communications from Dealer regarding this Agreement shall be in writing and shall be (a) delivered personally; (b) sent by certified mail with return receipt requested or (c) sent by overnight courier to the appropriate address indicated herein. Notice sent by overnight courier shall be deemed received on the day following shipping. Notice sent by USPS shall be deemed received on the third day following mailing. 18. Waiver. The failure by either party to require strict performance of any provision of this Agreement shall not be a waiver of such provision in the future. Neither party shall be deemed to have waived any provision of this Agreement unless such waiver is set forth in a writing signed by the waiving party. 19. Assignment. Dealer may not assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of Administrator. Notwithstanding the foregoing, Administrator may, in its sole discretion elect to utilize any of its subsidiaries or affiliates to perform any of Administrator’s duties or obligations required pursuant to this Agreement.
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20. Amendment. This Agreement may be amended or supplemented only by a written agreement of both parties. 21. Severability. If any provision(s) of this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 22. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior written and oral agreements between the parties relating to such subject matter.
IN WITNESS WHEREOF, THE PARTIES HAVE AGREED AS OF (DATE)
ADMINISTRATOR BY
NAME
TITLE
CORPORATE ENTITY
ADDRESS
CITY
STATE
ZIP
STATE
ZIP
DEALER BY
NAME
TITLE
CORPORATE NAME
DBI
ADDRESS
CITY
0421-V01
CONTRACT NUMBER
trutruck LIMITED WARRANTY AGREEMENT VEHICLE INFORMATION VIN
YEAR
MAKE
ECM MILES
SPEEDOMETER MILES
MODEL
ENG MAKE
ENGINE HOURS
ENG MODEL
PURCHASE DATE
IN SERVICE DATE
PURCHASER INFORMATION PURCHASER NAME
EMAIL ADDRESS
STREET ADDRESS
PHONE
CITY
STATE
ZIP
SELLING DEALER INFORMATION NAME
DEALER NUMBER
STREET ADDRESS
PHONE
CITY
STATE
ZIP
STATE
ZIP
LEINHOLDER INFORMATION NAME
PHONE
STREET ADDRESS
CITY
COVERAGE INFORMATION PLAN TYPE
TERM MONTHS/MILES
EXP DATE
EXP MILEAGE
COST
FACTORY INFORMATION OEM WARRANTY EXP MILEAGE
OEM WARRANTY EXP DATE
DECLARATIONS ENTIRE AGREEMENT: This document contains the entire agreement between you and us and cannot be modified or altered in any respect without a written addendum or exception signed by the Warranty Agreement Customer and SideCars, Inc., the Authorized Administrator. Written addendums or exceptions are only approved and drafted by the Authorized Administrators. I sign this Agreement voluntarily and understand that this warranty is not required in order to obtain financing for the listed vehicle. I have read and understand my rights and responsibilities as outlined in this four (4) page Warranty Agreement and accompanying Summary of Customer Responsibilities. This Limited Warranty Agreement is between the Customer listed on the previous Warranty Registration page and SideCars, Inc. Authorized Administrator for TruWarranty programs. You are encouraged to immediately call 1-866-217-5309 upon noticing any mechanical issues with the vehicle listed on the previous Warranty Registration page. Repairs made without prior written authorization will not be eligible. You must obtain prior authorization before beginning repairs. This is a stated component warranty policy. The customer agrees that they have read and understood the entire terms and conditions of this Mechanical Limited Warranty Agreement. CUSTOMER SIGNATURE
DATE
0521-V02
trutruck LIMITED WARRANTY AGREEMENT
THIS LIMITED WARRANTY CONSISTS OF THE WARRANTY REGISTRATION PAGE ABOVE AND THE FOLLOWING PROVISIONS: This Limited Warranty Agreement is between the Customer listed one the previous Warranty Registration page and SideCars, Inc., Authorized Administrator for TruWarranty programs. You are encouraged to immediately call 1-866-217-5309 upon noticing any mechanical issues with the vehicle listed on the previous Warranty Registration page. Repairs made without prior written authorization will not be eligible. You must obtain prior authorization before beginning repairs. This is a stated component warranty policy. The customer agrees that they have read and understood the entire terms and conditions of this Mechanical Limited Warranty Agreement. DEFINITIONS THIS MECHANICAL LIMITED WARRANTY CONSISTS OF THE WARRANTY REGISTRATION PAGE ABOVE AND THE FOLLOWING PROVISIONS: • In this Limited Warranty, certain words appear in bold print; they have the following meanings: • "You" and "Your" - Means the warranty shown on the Registration Page as purchaser. • "We, "Us" and "Our" - Means the selling dealer issuing the Limited Warranty, whose name and address appear on the Registration Page. The dealer is the Warrantor under this Limited Warranty. • "Vehicle" - Means the Vehicle which is described on the Registration Page. • "Breakdown" - Means the failure of a covered part under normal service. A covered part has failed when it can no longer perform the function for which it was designed solely because of its condition and not because of the action or inaction of any non-covered part. • "Effective Date" - Means the date shown on the Registration Page which is the date Your Vehicle was purchased. • "Deductible" - Means the amount, as shown on the Registration Page, that We will subtract from the cost incurred to remedy each Breakdown. You will incur the Deductible on a per repair visit basis. Should a Breakdown take more than one visit to repair, only one Deductible will apply for that Breakdown. • "Licensed Repair Facility" Repair facility that employs Automotive Service Excellence (ASE) or Original Equipment Manufacture certified Technicians COVERAGE PLAN TYPES ENGINE: Pistons, Piston Rings, Wrist Pins, Connecting Rod Bearings, Crankshaft, Main Bearings, Cam Followers, Rocker Arm Shafts, Push Rods, Hydraulic Lifters, Turbocharger, Intake and Exhaust Valves, Valve Guides, Oil Pump and Pickup Screen, Timing Chain and Gears, Fuel Injectors and Water Pump. The Engine Block, Cylinder Heads, Cylinder Liners, Timing Case Cover, Oil Pan, Valve Covers and Intake Manifold are covered only if damaged by the failure of a covered component. Plan Types CPO90E3, CPO90E5 or CPO90E8. OPTIONAL TRANSMISSION COVERAGE: All Internal Lubricated Parts of the Manual or Automatic Transmissions, including: Torque Converter, Oil Pump, Valve Body, Governor, Bands, Drums, Planetaries, Sun Gear, Sprag(s), Shaft(s), Bearings and Related Bushings, Shift Rail, Forks and Synchronizers. The Transmission Case is only covered in conjunction with a covered failure. Optional transmission coverage must be indicated on the Plan Type section of the Registration Page as Plan Types CPO90ET3, CPO90ET5 or CPO90ET8. OPTIONAL REAR AXLE COVERAGE: All Internal Lubricated Parts including: Output Shaft, Bearings, Bushings, Gear Sets, Axle and Bearings, Carrier, Ring and Pinion Gears, Bearings, Bushings, Axle Shaft. The Drive Axle Housing is only covered if damaged by an internally lubricated part. Optional rear axle coverage must be indicated on the Plan Type section of the Registration Page as Plan Types CPO90ETR3, CPO90ETR5 or CPO90ETR8. TOWING REIMBURSEMENT: If towing assistance becomes necessary due to the Breakdown of a covered part, receipted towing costs not payable by the manufacturer or any other towing or road service coverage will be reimbursed for up to three hundred seventy-five dollars ($375.00) per occurrence. Towing Reimbursement services and benefits are administered through Nation Motor Club, LLC administrative offices at 800 Yamato Road, Suite 100, Boca Raton, FL 33431. Arizona, Arkansas, Hawaii, Louisiana, Massachusetts, Nevada, Tennessee, Texas and Washington members, services are provided by Nation Motor Club, LLC dba Nation Safe Drivers. For California members, services are provided by Nation Motor Club, LLC, California Motor Club Permit Number 5157-3. For Alabama, Alaska, Utah and Virginia members, service are provided by Nation Safe Drivers Services, Inc. No Deductible applies to this benefit. LIMITS OF LIABILITY Replacement parts may be new, remanufactured, or replacement parts of like, kind and quality. The cost of repairs or replacements are not to exceed the actual cash value of the Vehicle immediately prior to Breakdown, less the Deductible. The total of all claims and benefits paid or payable while this Limited Warranty is in force shall not exceed $10,000.00. Coverage under this Limited Warranty begins on the Vehicle Purchase Date shown on the Registration Page and will expire according to the term (months/miles, whichever occurs first) as shown on the Registration Page. Expiration is determined by adding the Term Months to the Effective Date and expiration mileage is derived by adding the Term Miles to the ECM Mileage Reading (at Effective Purchase Date). This Limited Warranty applies only to Breakdowns that occur and repairs made within the United States of America and Canada. EXCLUSIONS THIS LIMITED WARRANTY DOES NOT PROVIDE COVERAGE FOR: A. . A pre-existing breakdown, failure, or improper repair whether performed prior to purchase or sale date. These conditions may not have been known to the parties at the time of vehicle sale. B. Damage to a covered part caused by the failure of a non-covered or part not listed under this Limited Warranty. D. Any cost, repair, replacement or benefit for which the manufacturer has announced its responsibility through any means including recalls. E. Any part that has not suffered a BREAKDOWN. F. ANY COVERED REPAIR NOT AUTHORIZED IN ADVANCE BY THE ADMINISTRATOR. G. Damage caused by continued operation of an impaired Vehicle. H. Seals and Gaskets unless required in conjunction with a covered repair. Damage caused from failures of related parts or units including, without limitation, levers, controls, linkages, radiator, coolers, rubber mounts and external oil gauges, electronic control components external to the transmission case. I. Damage caused by towing the Vehicle in a manner not consistent with the manufacturer’s recommendations. J. Damage caused by overloading the Vehicle beyond the manufacturer’s recommended capacity. K. A Breakdown caused by or involving modifications, alterations or additions to the Vehicle unless those modifications, alterations or additions were performed by or recommended by the original Vehicle manufacturer. L. For towing another vehicle unless Your Vehicle was equipped by the manufacturer for that purpose. M. Repairs required because of technician negligence, overheating, detonation, sludge or carbon deposits, contamination, rust, corrosion, electrolysis, operation without the proper lubrication levels or fluid type, and the failure to perform the manufacturer’s recommended maintenance. All seals or gaskets failures, cracked heads or block, overheating or other engine failure due to lack of fluids, fuels coolants or lubricants or improper maintenance. For Software updates and programming or retrofitting due to unavailability of parts; adding parts due to manufacture defects. Due to any BREAKDOWN, which is caused by any repair when the purpose is to raise the vehicle engines compression or to stop excessive oil consumption. Wiring Harness. N. Repairs made outside of the United States and Canada. O. Repairs required because of fraud, collision, abuse, negligence, neglect, misuse, abuse, road hazard, racing, off-road use, vandalism, riot, theft, flood, fire, war, acts of God, or loss that is normally covered by casualty insurance. P. The cost of teardown, disassembly or assembly when a Breakdown is not covered by this Limited Warranty. Q. Repairs that are covered under a repairer’s guarantee, service contract or other warranty regardless of their ability to pay for such repairs. R. *Incidental or consequential damage, loss of profits, property damage, personal injury, inconvenience, loss of Vehicle use, commercial loss, punitive or exemplary damages, attorney fees, loss of earnings, personal damage or per diem expenses. THIS LIMITED WARRANTY PROVIDES NO BENEFIT OR COVERAGE AND WE HAVE NO OBLIGATION IF: S. The Vehicle odometer fails to register, record actual mileage or true mileage cannot be determined for any reason while owned by You.
0521-V02
T. You rent Your Vehicle to someone else. U. Your Vehicle is used for postal service, taxi, police or other emergency services. V. Your Vehicle is used for snow plowing, competition or speed events. W. Your Vehicle is modified from the Vehicle manufacturer’s original specifications regardless of who made the modifications or when the modifications were made. X. Your Vehicle is identified as a grey market vehicle, total loss, salvaged, rebuilt, flood damaged or similarly titled. *SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY WILL LAST OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOUR RESPONSIBILITIES Have Your Vehicle checked and serviced in accordance with the manufacturer’s recommendations, as outlined in the Owner’s Manual. If You experience a Breakdown, You agree to: 1. see all reasonable means to protect Your Vehicle from more damage. 2. Notify Us, or Our Administrator, as soon as possible. 3. Furnish Us, or Our Administrator, with such information as We may reasonably require. 4. Allow Us to examine Your Vehicle if We ask to do so. If this is not possible, call Us or Our Administrator, SideCars, Inc., using the toll-free number 1-866-217-5309. 5. Pay a Deductible per repair visit. Should a covered repair take more than one visit to repair, only one Deductible will apply for that Breakdown. 6. Incur only those expenses which We have authorized in advance. WHAT TO DO IF YOU EXPERIENCE A BREAKDOWN 1. Prevent Further Damage - Take immediate action to prevent further damage. This Limited Warranty will not cover the damage caused by not securing a timely repair when a Breakdown has occurred. The operator is responsible for observing Vehicle warning lights and gauges and taking appropriate action immediately. Failure to do so, may result in the denial of coverage. 2. Take Your Vehicle to a Licensed Repair Facility - If Your Vehicle breaks down, take it back to the Warrantor. If this is not possible, take Your Vehicle to any Licensed Repair Facility (You may contact the Administrator for help in locating a Licensed Repair Facility). 3. Provide Warrantor/Repair Facility with a copy of Your Limited Warranty and/or Your Limited Warranty Number. 4. Obtain Authorization from the Administrator - Prior to any repair being made, instruct the Service Manager at the Licensed Repair Facility to contact the Administrator to obtain an authorization for the claim. Any claim for repairs without prior authorization will not be covered. We or the Administrator will provide authorization for covered repairs as soon as reasonably possible after such request for authorization is made, and within normal business hours. The amount authorized by the Administrator is the maximum amount that will be paid for repairs covered under the terms of this Limited Warranty. Any additional amount must receive prior approval from Our Administrator. 5. Authorize Teardown and/or Inspection - In some cases, You may need to authorize the Licensed Repair Facility to inspect and/or teardown Your Vehicle in order to determine the cause and cost of the repair. You will be responsible for these charges if the failure is not covered under this Limited Warranty. We reserve the right to require an inspection of Your Vehicle prior to any repair being made. 6. Review Coverage - After the Administrator has been contacted, review with the Service Manager what will be covered by this Limited Warranty. 7. Pay Any Applicable Deductible - We will reimburse the Licensed Repair Facility or You for the reasonable cost of the work performed on Your Vehicle that is covered by this Limited Warranty and previously authorized, less the Deductible (if any). Once authorization is obtained, and the repair is completed, all repair orders and documentation must be submitted to the Administrator within thirty (30) days to be eligible for payment. 8. Emergency Repairs - Should an emergency occur which requires repairs covered by this Limited Warranty be made at a time when the Administrator’s office is closed, You must call the Administrator’s office within five (5) business days from the date of repair to determine if such repair will be covered by this Limited Warranty. If covered, You will be reimbursed for the repair. 9. LABOR RATE REIMBURSEMENT: The maximum retail labor rate is $100.00 per hour or the Repair Facilities posted shop rate, whichever is less. No event shall the Aggregate Limit of liability exceed the amount identified by Vehicle Class below or the Actual Cash Value (ACV) of the Vehicle at the time of repair, whichever is less. You are responsible for any additional labor charges over the maximum reimbursement amount or any amount that exceeds the limit of liability. Repair facilities are not required to reduce their published labor rates. WHAT TO DO IF YOU EXPERIENCE A BREAKDOWN WHILE TRAVELING Follow the same steps as above. If necessary, the Licensed Repair Facility will be paid, less Your Deductible (if any), by the Administrator's national charge card system (MasterCard or VISA) on Your behalf. In some cases, You may need to pay the repair bill in full. If so, You will be reimbursed for the authorized cost of the repair, less Your Deductible (if any). If You have any questions regarding claim procedures or coverages, please call the Administrator at 1-866-217-5309: SideCars, Inc. GENERAL PROVISIONS 1. Our Right to Recover Payment: If You have a right to recover against another party for anything We have paid under this Limited Warranty, Your rights shall become Our rights. You shall do whatever is necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss. 2. Transfer of Protection: Your rights under this Limited Warranty may not be assigned or transferred. GUARANTEE Our obligations under this Limited Warranty are insured under an insurance policy issued by Symi Insurance, LTD, 100 Marwood Circle, Boardman, OH 44512. GOVERNING LAW This Guarantee shall be deemed to have been made in and governed by the laws of the State of Florida. ARBITRATION AND JURISDICTION AND VENUE The parties agree that any action at law or in equity instituted against either party to this Contract must be commenced and litigated to conclusion (unless settled) only in any court of competent jurisdiction located closest to Our Administrators’ then-current headquarters or, if appropriate, the United States District Court for the Middle District of Florida or the Thirteenth Judicial Circuit in and for Hillsborough County, FL. The undersigned hereby irrevocably consent to the jurisdiction of these courts. You agree that Arbitration is the sole method of dispute resolution between us. Your written demand for Arbitration must be completed and received by within sixty (60) days of the day you filed you claim. Each party will select one certified arbitrator. The two arbitrators will select a third arbitrator. Each of the parties will pay equally the total of the three (3) arbitrators selected. The in-person arbitration hearing will take place only and exclusively in Hillsborough County, Florida unless both you and we agree in writing to a different location. The rules utilized by the American Arbitration Association will apply. A majority decision from the three (3) arbitrators will be binding between you and us. The determination and award of the arbitrators may be filed by the prevailing party in a court of competent jurisdiction and shall therefore have the full force and effect of a judgment at law. ATTORNEY FEES, EXPENSES AND COSTS If any of the Parties engage in legal action to defend, enforce, construe, or interpret this contract, the prevailing Party shall be entitled to recover attorneys’ fees, expenses of investigation and litigation, and court costs for such action, including those on appeal, those in bankruptcy and those in determining the amount of any such fees.
0521-V02
SEVERABILITY The parties agree that if any provisions of this Contract may be construed in two ways, one of which would render the provision illegal or otherwise voidable or unenforceable and the other which would render it valid and enforceable, such provision shall have the meaning, which renders it valid and enforceable. The language of all provisions of this Contract shall be construed according to fair meaning and not strictly construed against either party. The provisions of this Contract are severable, and this Contract shall be interpreted and enforced as if all completely invalid or unenforceable provisions were not contained herein, and partially valid and enforceable provisions shall be enforced to the extent that they are valid and enforceable. If any material provision of this Contract shall be stricken or declared invalid, the parties agree to negotiate mutually acceptable substitute provisions. In the event that the parties are unable to agree upon such provisions, Our Administrators reserve the right to terminate this Contract. WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY EXCLUDED. This Agreement is between two commercial entities regarding a vehicle used for the purpose of carrying goods or fare-paying passengers. This Limited Warranty Agreement is regulated by the Federal Magnuson-Moss Act and is not subject to State Insurance Law but is regulated by State Laws governing limited warranties. This warranty gives you specific legal rights and you may also have other rights which vary from state to state or province. YOU MUST OBTAIN REPAIR AUTHORIZATION FROM US PRIOR TO BEGINNING ANY REPAIRS COVERED BY THIS AGREEMENT.
SUMMARY OF CUSTOMER RESPONSIBILITIES HOW TO FILE A NEW CLAIM WITH SIDECARS, INC. BEFORE REPAIRS ARE MADE CONTACT SIDECARS, INC. AT 1-866-217-5309 OR GO ONLINE TO www.truclaims.co TO START A NEW CLAIM CONTRACT HOLDERS RESPONSIBILITY: It is the responsibility of the Contract Holder (vehicle owner) to authorize the repair facility to inspect diagnosis and troubleshoot any problem they are experiencing. Contract Holders are responsible for any charges for diagnostics until a warrantable failed part has been identified. The part in question must be listed in the service contract in order to be eligible for coverage. At that point, SideCars, Inc. will initiate the claim, negotiate with the repair facility and process agreed amount of payment. The Contract Holder is responsible to pay the stated deductible amount in their contract, any additional labor costs above the maximum reimbursement amount stated in the contract, shop supplies fees, any other repairs made that are not approved repairs and any other charges that are not specified in the contract. Repairs made without prior authorization will not be eligible REPAIR FACILITIES: SideCars, Inc. will need a detailed estimate that contains what diagnostics were performed, electronic supporting documents such as ECM printouts showing the fault codes, OEM diagnostic data if available, photographs of failed parts if available and an itemized list of the parts required to repair a warrantable failed part. It is imperative we receive this data as soon as possible because without supporting documentation the claim process will be delayed. Repairs made without prior written authorization will not be eligible. SIDECARS, INC. RESPONSIBILITIES: Once SideCars, Inc. approves the claim, they will send a written approval that itemizes exactly what they will be paying for. When SideCars, Inc. receives the final invoice signed by the Contract Holder and all supporting documentation requested, they will issue a credit card payment authorization immediately for the pre-approved dollar amount. After the credit card has been processed SideCars, Inc. will need a copy of the transaction receipt.
CONTRACT NUMBER
trutruck MECHANICAL BREAKDOWN LIMITED WARRANTY AGREEMENT VEHICLE INFORMATION VIN
YEAR
MAKE
ECM MILES
SPEEDOMETER MILES
MODEL
ENG MAKE
ENGINE HOURS
ENG MODEL
PURCHASE DATE
IN SERVICE DATE
PURCHASER INFORMATION PURCHASER NAME
EMAIL ADDRESS
STREET ADDRESS
PHONE
CITY
STATE
ZIP
SELLING DEALER INFORMATION NAME
DEALER NUMBER
STREET ADDRESS
PHONE
CITY
STATE
ZIP
STATE
ZIP
LEINHOLDER INFORMATION NAME
PHONE
STREET ADDRESS
CITY
COVERAGE INFORMATION PLAN TYPE
TERM MONTHS/MILES
EXP DATE
EXP MILEAGE
COST
FACTORY INFORMATION OEM WARRANTY EXP MILEAGE
OEM WARRANTY EXP DATE
OPTIONAL COVERAGES
If this option is selected, there will be date and mileage information below. This option indicates that this warranty coverage will begin when the factory warranty coverage expires by time or miles. This also applies to ENGINE Coverage. TRANSMISSION AND REAR AXLE COVERAGE
EXHAUST AFTER TREATMENT SYSTEM COVERAGE
TURBO, WATER PUMP, FUEL INJECTORS, FUEL PUMP & ECM COVERAGE (ACP)
DOWNTIME
DECLARATIONS ENTIRE AGREEMENT: This document contains the entire agreement between you and us and cannot be modified or altered in any respect without a written addendum or exception signed by the Warranty Agreement Customer and SideCars, Inc., the Authorized Administrator. Written addendums or exceptions are only approved and drafted by the Authorized Administrators. I sign this Agreement voluntarily and understand that this warranty is not required in order to obtain financing for the listed vehicle. I have read and understand my rights and responsibilities as outlined in this four (4) page Warranty Agreement and accompanying Summary of Customer Responsibilities. This Limited Warranty Agreement is between the Customer listed on the previous Warranty Registration page and SideCars, Inc. Authorized Administrator for TruWarranty programs. You are encouraged to immediately call 866-217-5309 upon noticing any mechanical issues with the vehicle listed on the previous Warranty Registration page. Repairs made without prior written authorization will not be eligible. You must obtain prior authorization before beginning repairs. This is a stated component warranty policy. The customer agrees that they have read and understood the entire terms and conditions of this Mechanical Limited Warranty Agreement. CUSTOMER SIGNATURE
DATE
0421-V01
TRUTRUCK MECHANICAL BREAKDOWN LIMITED WARRANTY AGREEMENT THIS CONTRACT IS NOT VALID UNLESS A COMPLETED REGISTRATION PAGE IS ATTACHED
IMPORTANT INFORMATION YOU NEED TO KNOW CUSTOMER SUPPORT NUMBER – 1-866-217-5309. Please see the box labeled CONTRACT NUMBER on the Registration Page. This is Your CONTRACT Number. Please refer to this number in any written or verbal communication, such as requesting information or filing a claim. PURCHASE OF THIS VEHICLE SERVICE CONTRACT IS NOT REQUIRED IN ORDER TO PURCHASE OR FINANCE A MOTOR VEHICLE. THIS CONTRACT IS INCLUSIVE OF THE MANUFACTURER’S WARRANTY; IT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY, BUT PROVIDES CERTAIN ADDITIONAL BENEFITS DURING THE TERM OF THE MANUFACTURER’S WARRANTY. This Mechanical Breakdown Limited Warranty, Vehicle Inspection Form, ECM Data Printout along with the Registration Page make up Your entire Contract. No other documents, unless provided directly to You from the Administrator, are legal and binding. This Limited Warranty does not cover all Breakdowns and excludes some conditions and Vehicles. Please read the SCHEDULE OF COVERAGES, TERMS AND CONDITIONS, and EXCLUSIONS sections of this Agreement so You fully understand what Coverage is provided to You for Your Vehicle. If You have any questions regarding this Contract, please contact the Administrator toll-free at 1-866-217-5309. This Limited Warranty contains Limits of Liability. Please read the LIMITS OF LIABILITY section under TERMS AND CONDITIONS to determine what those are. This is not an insurance policy. This Agreement is secured by a contractual liability policy provided by Symi Insurance Company, LTD. THINGS TO DO NOW The Registration Page, Vehicle Inspection Form and ECM Data Printout must be attached to the front of this Contract to complete and validate this Contract. CHECK YOUR CONTRACT COVERAGE - Not every part of Your Vehicle is covered by this Contract. Coverage is identified by the Contract Coverage as shown on the Registration Page of this Contract. Please compare the Coverage on the Registration Page with the Corresponding Coverage as listed under the SCHEDULE OF COVERAGES. If this box was left blank, or the Coverage is inaccurate, contact Your Selling Dealer immediately. Your Deductible is $250.00 per occurrence. Claims for Turbos, Water Pump, Fuel Injectors, Fuel Pump and ECM’s received within the first (90) days of Contract date will have a $500.00 per occurrence Deductible. If within 60, we have not paid a covered and approved claim, You may make a claim directly to the insurance company. Please enclose a copy of Your Agreement when sending correspondence to the insurance company. THINGS YOU MUST DO THROUGHOUT THE TERM OF YOUR CONTRACT Properly Maintain Your Vehicle and KEEP THE RECEIPTS – This Contract is only valid if Your Vehicle has been maintained in accordance with the manufacturer’s specifications. Keep copies of all receipts (oil changes, lubrication, etc.), as proof of maintenance may be required when You file a claim. SEE TERMS AND CONDITIONS SECTION FOR SPECIFIC MAINTENANCE REQUIREMENTS. OBTAIN APPROVAL PRIOR TO HAVING WORK PERFORMED THAT MAY BE COVERED BY THIS CONTRACT. If You believe the failure may be covered by this Contract, call the Administrator personally, or instruct the repair facility performing the work to call and register the claim BEFORE THE WORK IS PERFORMED. SEE THE WHAT TO DO IF REPAIRS ARE NEEDED SECTION. DEFINITIONS The following definitions apply to words frequently used in this Contract: You, Your - means the Purchaser identified on the Registration Page attached to this Contract. We, Us, Our - means the Agreement provider obligated to provide service under this Contract as shown on the Registration Page. Administrator - means the Administrator as shown on the Registration Page. Contract or Agreement - means this Mechanical Breakdown Limited Warranty Agreement which You have purchased from Us to protect Your Vehicle Agreement Term and the covered Vehicle. Coverage - means the Plan Type and Optional Coverages provided to You for the covered Vehicle as shown on the Registration Page and as described in the SCHEDULE OF COVERAGES section of this Agreement. Vehicle - means the Vehicle described on the Registration Page. Deductible - means the amount that You must pay for covered repairs. Your Deductible is $250.00 per occurrence. Claims for Turbos, Water Pump, Fuel Injectors, Fuel Pump and ECM’s received within the first (90) days of Contract date will have a $500.00 per occurrence Deductible. Once a part is repaired or replaced under the terms of this Contract, there will be no Deductible for future repairs to that same part. Vehicle Inspection Form - means the form that provides the results of the Inspection that occurred on Your Vehicle prior to the issuance of this Contract. Please note the components listed on the inspection form must indicate a Pass in order to obtain coverage for that component under this Contract. Breakdown or Mechanical Failure - means the failure of a covered part under normal service. A covered part has failed when it can no longer perform its function as it was originally designed to work in normal service with required maintenance due to material failure, wear and tear or defects in material or workmanship and outside the manufacturer’s tolerance. OEM or OEM Warranty means the Original Equipment Manufacturers warranty coverage. SCHEDULE OF COVERAGES In the event of a Breakdown, We agree to pay or reimburse for the parts and labor costs to repair or replace covered parts listed below (including replacement of all lost fluids) for the Plan Type Selected on the Registration Page, less applicable Deductible, subject to the terms, conditions and limitations herein. Replacement of any covered part may be made with new, remanufactured, rebuilt or like, kind and quality parts at the discretion of the Administrator. Parts will be reimbursed up to the manufacturer’s suggested list price. Labor time will be reimbursed using nationally recognized labor time standards. A maximum labor rate of $125.00 per hour or the Repair Facilities posted shop rate, whichever is less will be authorized for covered repairs. You are responsible for any additional labor charges. Repair facilities are not required to discount their published labor rates. This Limited Warranty Agreement is limited to the components listed under the Coverage selected on the Registration Page. ENGINE ONLY COVERAGE ENGINE: All internal lubricated parts within the engine including camshaft, cam followers, camshaft bearings, connecting rods, connecting rod bearings, crankshaft, crankshaft bearings, exhaust valves, fuel transfer pump, intake valves, lifters, main bearings, oil cooler and housing; oil pan; oil pump, pump gears, pump housing, pump pickup screen, pump pickup tube, pump pressure relief springs and valves; pistons, piston rings, pushrods, rocker arms, rocker arm shafts, timing case cover, timing chain, timing gears, valve guides, valve retainers, valve springs, valve stem seals, wrist pins; required seals, gaskets and fluids needed to complete a covered repair; associated state and local taxes when applicable by state law; The engine block, cylinder head(s) and cylinder liners are only covered in conjunction with a covered Mechanical part Failure. Engine ECM, Engine Fuel Injectors, Water Pump and all internal lubricated parts of the Turbo Charger, Turbo Charger housing and Fuel Pump are included for the first 12 months or 100,000 miles from Contract Purchase Date and ECM Miles as listed on the Registration Page unless additional years are selected by choosing the optional Additional Component Package (ACP). OPTIONAL COVERAGES The following optional Coverages are available when listed on the Contract Registration Page and surcharge amount(s) have been paid at the time of sale: 1. TRANSMISSION AND REAR AXLE COVERAGE – If this Optional Coverage is listed as Yes, Coverage is for the entire term of any Contract when this option is selected on the Contract Registration Page, and includes: a) Transmission Coverage – All internal lubricated parts of the manual or automatic transmissions, including: torque converter, oil pump, valve body, governor, bands, drums, planetaries, sun gear, sprag(s), shaft(s), bearings and related bushings, shift rail, forks and synchronizers. The transmission case is only covered in conjunction with a failed covered part. b) Rear Axle Coverage – All internal lubricated parts including: output shaft, bearings, bushings, gear sets, axle and bearings, carrier, ring and pinion gears, bearings, bushings, axle shaft. The drive axle housing is only covered if damaged by a failed covered part. 2. EXHAUST AFTER TREATMENT SYSTEM (E.A.S.) COVERAGE – If this optional Coverage is selected, the Contract Registration Page will list the number of Years and miles selected for this option. This Optional Coverage expires based on the Numbers of Years and mileage listed, when the Term Months/Miles expire or when the Limit of Liability is exhausted, whichever occurs first. This option includes the following components; back pressure control valve (BPV), BPV regen valve, BPV control cylinder; Diesel exhaust fluid (DEF) pump, DEF doser injector, DEF level sensor, DEF temp sensor, DEF heater control valve, DEF heating element; Diesel Oxidation Catalyst (DOC) catalyst only DOC temperature sensors pre and post; Diesel Particulate Filter (DPF) filter assembly, DPF hydrocarbon doser injector, DPF air / fuel manifold, DPF back pressure sensor, DPF fuel pressure sensor, Exhaust Gas Recirculation (EGR) valve assembly one or two, EGR cooler assembly, Electronic Control Modules (ECU) after treatment ECM, ECU dosing ECM; Select Catalyst Reduction (SCR) catalyst, SCR temperature sensors pre and post; Oxides of Nitrogen (NOx) sensor.
0421-V01
3. ADDITIONAL COMPONENT PACKAGE (A.C.P.) – If this optional Coverage is selected, the Contract Registration Page will list the number of Years and miles selected for this option. This Optional Coverage expires based on the Numbers of Years and mileage listed, when the Term Months/Miles expire or when the Limit of Liability is exhausted, whichever occurs first. This Coverage includes: Turbo Chargers (turbine and housing), Water Pump, Engine Fuel injectors, Engine ECM and Fuel Pump. 4. DOWNTIME COVERAGE: – If this optional Coverage is selected, the Contract Registration Page will list the number of Years and miles selected for this option. This Optional Coverage expires based on the Numbers of Years and mileage listed, when the Term Months/Miles expire or when the Limit of Liability is exhausted, whichever occurs first. If a Registered Vehicle suffers a covered Major Mechanical Breakdown, the Administrator shall pay the Registered Operator $300.00 per day, for up to 5 days, not to exceed $1500.00 per occurrence (maximum 3 occurrences in a 12 month period), while the Registered Vehicle is being repaired in a repair facility. The Registered Owner will not be compensated for the first (5) business days during which the Registered Vehicle is being repaired in a repair facility. The covered period will begin on the date of the Major Mechanical Breakdown as reported by the Repair Facility and a claim is opened by the administrator. In the event that Registered Owner wishes to make a claim for this optional coverage, the Registered Owner shall give notice to the Administrator, in writing, with twenty-one (21) days of the date of the occurrence that gave rise to the claim, giving all the information required by Administrator. Should the Registered Owner fail to give notice of claim to the Administrator as required above, the Administrator shall not be liable for any loss. Within the written notice of claim, the Registered Owner shall provide details of the occurrence including Registered Owner’s name, address, contract number and original repair shop invoice. Any alterations on invoices, receipts or other documents for service shall render them invalid. All original receipts and/or charge copies must be made available if requested by the Administrator. There is an initial 30 day waiting period from the time of contract purchase. 24-HOUR ROADSIDE ASSISTANCE SERVICES, CALL 1-706-302-6043 These services are provided, independent of this Vehicle Service Contract. Roadside Assistance Services are provided by Motor Club LLC, or Nation Motor Club LLC, d/b/a Nation Safe Drivers. The obligor and Provider for the Roadside Assistance Service is Nation Motor Club LLC, administrative offices at 800 Yamato Road, Suite 100, Boca Raton, FL 33431. For Arizona, Arkansas, Louisiana, Massachusetts, Nevada, Tennessee, Texas and Washington members, the obligor and provider of services is Nation Motor Club LLC, dba Nation Safe Drivers. For Alabama, Alaska, Utah and Virginia members, the obligor and provider of services is Nation Safe Drivers Services, Inc. For California members, the obligor and provider of services is Nation Motor Club, LLC California Motor Club Permit Number 5157-3. As a member of Nation Motor Club LLC, all benefits are available to You up to Your benefit limit without any additional payments. You are responsible for any non-covered expenses. In the event Your Vehicle is disabled, a service provider will be dispatched to Your location to assist You. In the event Your Vehicle is unable to continue under its own power Your Vehicle may be towed to a location of Your choosing. You will receive up to $375.00 of towing at no cost, any additional mileage/ cost will be Your responsibility and payment will be expected at the time service is rendered. When calling for towing or road service You must call toll-free (844) 964- 5307. You will be required to give the representative assisting You the following information: Producer Code 70389, Your Vehicle Service Contract Number on Your Registration Page and Your Plan Letter which is X. COVERAGE: One service is available per 72-hour period. Services Available to You at no cost are: Towing (up $375.00), Battery Jump Start, Emergency Fluid/Fuel Delivery (You are responsible for the actual cost of delivered materials), Locksmith. Five (5) dispatched road services are available per each year of Contract term. If You exceed five (5) dispatched service calls You will be placed on a “Cash Call Basis” meaning Nations Safe Drivers, LLC will still dispatch a service provider to You but You will have to pay the service provider for the service call at the time the service is rendered. REIMBURSEMENT: In the event Your Vehicle is disabled and You contracted for any of the above covered services on Your own, You will be able to submit Your original receipted road service expenses for reimbursement consideration to Specialty Administration Services LLC; 400 Frandorson Circle, Apollo Beach, FL 33572 1-866021705309; claims@truwarranty.co; Reimbursable Costs: • Towing $375 • All other services listed $50. WHAT TO DO IF REPAIRS ARE NEEDED Call Toll Free 1-866-217-5309 for Instructions and Repair Authorization. Prior Administrator Authorization is required to Obtain Claim Payment. If Your Vehicle is unsafe and needs to be towed, contact a tow company or Roadside Assistance (above) to arrange towing service. Otherwise, deliver Your Vehicle to a repair facility and authorize them to diagnose the failure. Provide the repairer with Your Contract number and direct them to call the Administrator for repair authorization at 1-866-217-5309 before repairs are completed. The Administrators regular business hours are Monday through Friday 8:00 am – 6:00 pm EST. For after-hours claims assistance call 1-866-217-5309 or vis it www.truclaims.co. EMERGENCY REPAIRS FAILURE TO OBTAIN PRIOR AUTHORIZATION TO COMPLETE ANY REPAIRS MAY RESULT IN CLAIM DENIAL If You experience a Breakdown at any time outside of the Administrator’s regular business hours, You may take one of the following steps: 1. Wait until regular business hours and then follow the normal claims procedure outlined above; or 2. Authorize and pay for any teardown or diagnostic time needed to determine whether Your Breakdown is covered by this Contract. If You reasonably determine that Your Breakdown is covered by this Contract and You choose to have Your Vehicle repaired, You are responsible for paying the repair. You must then call the Administrator during the next available regular business day so that the Administrator may determine whether Your repairs are covered. If the Administrator determines that there was a covered Breakdown and You meet the requirements outlined herein, then We will reimburse You in accordance with the terms and conditions of this Contract. TERMS AND CONDITIONS This Contract is subject to the following terms and conditions. No alterations, changes or waivers of provisions may be made to this Contract. The benefits available under this Contract are strictly provided to You for repairs to the covered Vehicle. A. CONTRACT PERIOD: Expiration is measured in Term Months/mileage from the Contract Purchase Date and ECM Mileage Reading (at Contract Purchase Date). Expiration is determined by adding the Term Months to the Contract Purchase Date and expiration mileage is derived by adding the Term Miles to the ECM Mileage Reading (at Contract Purchase Date). B. YOUR RESPONSIBILITIES: 1. You must perform an engine oil change every ten thousand 10,000 miles or ACCORDING TO THE MANUFACTURER’S RECOMMENDED MAINTENANCE SCHEDULE. It is required that verifiable receipts be retained for service work. Verifiable receipts must show purchases of all required parts and materials necessary to perform required maintenance and must show the date and mileage when the services were performed. These records will be requested by the Administrator for the investigation of a claim or transfer. IT IS RECOMMENDED THAT YOU KEEP MAINTENANCE RECORDS WITH THE VEHICLE. 2. Use all reasonable means to protect Your Vehicle from further damage when a Breakdown occurs. 3. You must authorize necessary labor time for the repairer to diagnose a Breakdown. 4. Direct the repair facility to call the Administrator at 1-866-217-5309 to report a claim. You must obtain authorization from the Administrator prior to commencing any repair of any covered part(s). 5. In the event You need to receive reimbursement for Your authorized claim, You must submit the following within ninety (90) days of approval (as soon as reasonably possible in Utah) (365 days in Wisconsin): a)The original repair order signed by You; b)Proof of Payment with a cash register receipt/credit card receipt/personal check copy; and c)Where applicable, copies of original towing bill with proof of payment. C. OUR RESPONSIBILITIES: Subject to the Coverage and Deductible selected and as shown on the Registration Page of this Contract, the Limits of Liability and items foundunder Exclusions, the Administrator will pay or reimburse for the cost of covered repairs. The Administrator reserves the right to request teardown in order to inspect Your Vehicle to evaluate covered repairs. The total of all claims and benefits paid or payable while this Contract is in force shall not exceed the amounts listed in the Limits of Liability in section E.
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D. LABOR RATE REIMBURSEMENT: The maximum retail labor rate is $125.00 per hour or the Repair Facilities posted shop rate, whichever is less. In no event shall the Aggregate Limit of Liability exceed the amount identified by Vehicle Class below or the Actual Cash Value (ACV) of the Vehicle at the time of repair, whichever is less. You are responsible for any additional labor charges over the maximum reimbursement amount or any amount that exceeds the limit of liability. Repair facilities are not required to reduce their published labor rates. E. LIMITS OF LIABILITY Engine Transmission Rear Axle Exhaust After Treatment system Turbo Chargers Fuel Injectors/Water Pump, Fuel Pump, ECM Total Aggregate Limits
Class 3-7 Gas $7,000.00 $4,500.00 $3,500.00 N/A N/A $4,500.00 $13,500.00
Class 3-7 Diesel $12,500.00 $5,500.00 $4,500.00 $5,500.00 $7,500.00 $6,500.00 $18,500.00
Class 8 $21,000.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $35,000.00
EXCLUSIONS The following are not covered: A. PRE-EXISTING CONDITIONS or any Part listed on the Vehicle Inspection Form as failed. Unless You have proof the part was repaired prior to the Breakdown. To any part that has not suffered a BREAKDOWN. Wiring Harnesses. B. Damage to a covered part caused by the failure of a part not listed as covered under this Contract. C. Repairs that are covered under the original manufacturer’s warranty regardless of whether or not that warranty was transferred to You or the manufacturer refuses to honor its obligations. Any cost, repair, replacement or benefit for which the manufacturer has announced its responsibility through any means including recalls or service bulletins. D. Repairs beyond those required to correct a Breakdown. E. ANY COVERED REPAIR NOT AUTHORIZED IN ADVANCE BY THE ADMINISTRATOR, EXCEPT AS SPECIFIED IN THE EMERGENCY REPAIRS PROVISION OF THIS CONTRACT. F. Damage caused by continued operation of an impaired Vehicle. G. Seals and Gaskets unless required in conjunction with a covered repair. Damage caused from failures of related parts or units including, without limitation, levers, controls, linkages, radiator, coolers, rubber mounts and external oil gauges, electronic control components external to the transmission case. H. Damage caused by towing the Vehicle in a manner not consistent with the manufacturer’s recommendations. I. Damage caused by overloading the Vehicle beyond manufacturer’s recommended capacity. J. A Breakdown caused by or involving modifications, alterations or additions to the Vehicle unless those modifications, alterations or additions were performed by or recommended by the original Vehicle manufacturer. K. For towing another Vehicle unless Your Vehicle was equipped by the manufacturer for that purpose. L. Repairs required because of technician negligence, OVERHEATING, detonation, sludge, carbon deposits, contamination, rust, corrosion, cavitation and electrolysis, operation without the proper lubrication levels or fluid type, and the failure to perform manufacturer’s recommended maintenance. All seal or gasket failures, cracked heads or block or other engine failure due to lack of fluids, coolants or lubricants, improper maintenance or to stop excessive oil consumption. M. Repairs made outside the United States or Canada. N. Repairs required because of fraud, collision, abuse, negligence, neglect, misuse, abuse, road hazard, racing, off-road use, vandalism, riot, theft, flood, fire, war, acts of God or loss that is normally covered by casualty insurance. O. The cost of teardown, disassembly or assembly when a breakdown is not covered by this Contract. P. Repairs that are covered under a repairer’s guarantee, Service Contract or other warranty regardless of their ability to pay for such repairs. Q. Incidental or consequential damage, loss of profits, property damage, personal injury, inconvenience, loss of Vehicle use, commercial loss, punitive or exemplary damages, attorney fees, loss of earning, personal damage or per diem expenses. THIS CONTRACT PROVIDES NO BENEFIT OR COVERAGE AND WE HAVE NO OBLIGATION IF: R. The Vehicle odometer fails to register, record actual mileage or true mileage cannot be determined for any reason while owned by You. S. You rent your Vehicle to someone else. T. Your Vehicle is used for postal service, taxi, police or other emergency services. U. Your Vehicle is used for snow plowing, competition or speed events. V. Your Vehicle is modified from the Vehicle manufacturer’s original specifications regardless who made the modifications or when the modifications were made. W. Your Vehicle is identified as a grey market vehicle, total loss, salvaged, rebuilt, flood damaged or similarly titled. X. Software updates and programming (unless in conjunction with a covered repair); paint, paint matching, cosmetic repairs, outside mirrors, glass, windshield wipers and arms, all phones including smart phones, tablets, appliances or external devices connecting to the Vehicle or Auxiliary Power unit, loss of pixels, retrofitting due to unavailability of parts, key fobs, seats and seat tracks, headphones, remote controls, batteries and battery accessories of any kind; any component whose only purpose is for illumination; any body components such as ,but not limited to, chassis, frame, sub frame, bright metal parts, rubber moldings, weather strips, metal, plastic trim, upholstery, seat pads, carpet, ashtrays, cup holders ,normal maintenance items or services, any non-factory installed parts, safety restraints and systems (air bags or seat belts) or any part thereof, suspension components of any kind. SUBROGATION If You have a right to recover funds that We have paid under this Contract against another party (such as a manufacturer’s warranty claim, parts warranty, other service Contract, etc.), Your rights shall become Our rights. You agree to provide reasonable assistance to help Us recover these funds. We shall only recover the excess after You are fully compensated for Your loss. CANCELLATION A. You may cancel this Contract at any time, including when a loss of the Vehicle occurs or when You sell Your Vehicle without transfer of this Contract. To cancel, You must submit a written request to the Issuing Dealer. If You cancel this Contract, it will not be reinstated. An odometer or notarized statement indicating the odometer reading on the date of the request will be required. This Contract can only be canceled by the original Contract Holder. B. We may cancel this Contract for non-payment of the Contract charge, or for misrepresentation in the submission of a claim. We may cancel this Contract if Your Vehicle is found to be modified in a manner not recommended by the manufacturer. C. If Your Vehicle and this Contract have been financed, the lienholder shown on the Registration Page may cancel this Contract for non-payment, or if Your Vehicle is declared a total loss or is repossessed. D. If this Contract is canceled within the first sixty (60) days and no claims have been filed, We will refund the entire Contract charge paid. If this Contract is canceled after the first sixty (60) days . We will refund an amount of the Contract charge according to the pro-rata method reflecting the greater of the days in force or the miles driven based on the term/miles selected and the date Coverage begins, less a hundred dollar ($100.00) administrative fee. In the event of cancellation, the lienholder, if any, will be named on a cancellation refund check as their interest may appear. E. Any amount(s) paid out for approved claims or benefits will be deducted from the refund amount. TRANSFER OF CONTRACT A. Your Contract may be transferable to someone to whom You sell or otherwise transfer Your Vehicle while this Contract is still in force. This Contract cannot be transferred if the title transfer of Your Vehicle passes through an entity other than the subsequent buyer, or Your Vehicle is sold or traded to a dealership, leasing agency or entity/individual in the business of selling Vehicles. This Contract can only be transferred once, and the transfer must be initiated by the original Contract Holder. B. To transfer, the following must be submitted to the Administrator within thirty(30) days of the change of ownership to a subsequent individual purchaser: - A completed transfer form; with - Name and Address of new owner, date of sale to new owner, current mileage; and - $100.00 Transfer Fee made payable to the Administrator. C. Any remaining manufacturer’s warranty must also be transferred at the same time as Vehicle ownership transfer. Copies of all maintenance records showing actual oil changes and manufacturer’s maintenance must be given to the new owner. These maintenance records must be retained along with similar documentation for future mainte-
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nance work which the new owner has performed in accordance with the maintenance requirements of this Contract. If necessary, these documents will be verified by the Administrator. PAYMENT PLAN AGREEMENTS A. If this Contract was financed (purchased on a payment plan) by a funding party, the funding party shall be entitled to any refund(s) resulting from cancellation of this Contract for any reason including repossession of Your Vehicle, or total loss of Your Vehicle. Failure to make monthly payments in a timely manner may result in cancellation of this Contract and no refund will be due and no claims will be approved. B. If this Contract was financed (purchased on a payment plan) by a funding party, We are not required to refund any monies collected as payment. In the event there is a claim against this Contract, the claim expense cannot exceed the amount paid in by You. If it does, You will be responsible for the difference in the Premium, up to the Premium total. WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY EXCLUDED. This Agreement is between two commercial entities regarding a vehicle used for the purpose of carrying goods or fare-paying passengers. This Limited Warranty Agreement is regulated by the Federal Magnuson-Moss Act and is not subject to State Insurance Law but is regulated by State Laws governing limited warranties. This warranty gives you specific legal rights and you may have other rights, which vary from state to state, or province. YOU MUST OBTAIN REPAIR AUTHORIZATION FROM US PRIOR TO BEGINNING ANY REPAIRS COVERED BY THIS AGREEMENT ARBITRATION, JURISDICTION AND VENUE The parties agree that any action at law or in equity instituted against either party to this Contract must be commenced and litigated to conclusion (unless settled) only in any court of competent jurisdiction located closest to Our Administrators’ then-current headquarters or, if appropriate, the United States District Court for the Middle District of Florida or the Thirteenth Judicial Circuit in and for Hillsborough County, FL. The undersigned hereby irrevocably consent to the jurisdiction of these courts. You agree that Arbitration is the sole method of dispute resolution between us. Your written demand for Arbitration must be completed and received by within sixty (60) days of the day you filed you claim. Each party will select one certified arbitrator. The two arbitrators will select a third arbitrator. Each of the parties will pay equally the total of the three (3) arbitrators selected. The in-person arbitration hearing will take place only and exclusively in Hillsborough County, Florida unless both you and we agree in writing to a different location. The rules utilized by the American Arbitration Association will apply. A majority decision from the three (3) arbitrators will be binding between you and us. The determination and award of the arbitrators may be filed by the prevailing party in a court of competent jurisdiction and shall therefore have the full force and effect of a judgment at law. The parties agree that any action, suit or proceeding arising out of or relative to this Agreement, not required to be submitted to arbitration, shall be instituted only in the state or federal courts located in Hillsborough County, Florida. ATTORNEY FEES, EXPENSES AND COSTS If any of the Parties engage in legal action to defend, enforce, construe, or interpret this contract, the prevailing Party shall be entitled to recover attorneys’ fees, expenses of investigation and litigation, and court costs for such action, including those on appeal, those in bankruptcy and those in determining the amount of any such fees. GOVERNING LAW This Guaranty shall be deemed to have been made in and governed by the laws of the State of Florida. SEVERABILITY The parties agree that if any provisions of this Contract may be construed in two ways, one of which would render the provision illegal or otherwise voidable or unenforceable and the other which would render it valid and enforceable, such provision shall have the meaning, which renders it valid and enforceable. The language of all provisions of this Contract shall be construed according to fair meaning and not strictly construed against either party. The provisions of this Contract are severable, and this Contract shall be interpreted and enforced as if all completely invalid or unenforceable provisions were not contained herein, and partially valid and enforceable provisions shall be enforced to the extent that they are valid and enforceable. If any material provision of this Contract shall be stricken or declared invalid, the parties agree to negotiate mutually acceptable substitute provisions. In the event that the parties are unable to agree upon such provisions, Our Administrators reserve the right to terminate this Contract.
SUMMARY OF CUSTOMER RESPONSIBILITIES BEFORE REPAIRS ARE MADE CONTACT SideCars, Inc. AT 1-866-217-5309 OR GO ONLINE TO www.truclaims.co TO START A NEW CLAIM CONTRACT HOLDERS RESPONSIBILITY: It is the responsibility of the Contract Holder (vehicle owner) to authorize the repair facility to inspect, diagnosis and troubleshoot any problem they are experiencing. Contract Holders are responsible for any charges for diagnostics until a warrantable failed part has been identified. The part in question must be listed in the service contract in order to be eligible for coverage. At that point SideCars, Inc. will initiate the claim, negotiate with the repair facility and process agreed amount of payment. The Contract Holder is responsible to pay the stated deductible amount in their contract, any additional labor costs above the maximum reimbursement amount stated in the contract, shop supplies fees, any other repairs made that are not approved repairs and any other charges that are not specified in the contract. Repairs made without prior authorization will not be eligible REPAIR FACILITIES: SideCars, Inc. will need a detailed estimate that contains what diagnostics were performed, electronic supporting documents such as ECM printouts showing the fault codes, OEM diagnostic data if available, photographs of failed parts if available and an itemized list of the parts required to repair a warrantable failed part. It is imperative we receive this data as soon as possible because without supporting documentation the claim process will be delayed. Repairs made without prior written authorization will not be eligible. SideCars, Inc. RESPONSIBILITIES: Once SideCars, Inc. approves the claim they will send a written approval that itemizes exactly what they will be paying for. When SideCars, Inc. receives the final invoice signed by the Contract Holder and all supporting documentation requested, they will issue a credit card payment authorization immediately for the pre-approved dollar amount. After the credit card has been processed, SideCars, Inc. will need a copy of the transaction receipt. Our obligations and the performance to you under this Contract are guaranteed and insured by a policy issued by by Symi Insurance, LTD, 100 Marwood Circle, Boardman, OH 44512. If a covered claim is not paid within sixty (60) days after proof of loss has been filed, you may file a claim directly with the Insurance Company. TO REPORT A NEW CLAIM OR INQUIRE ABOUT A CLAIM IN PROCESS CALL: 1-866-217-5309 24 HOUR ROADSIDE ASSISTANCE CALL: 1-760-302-6043
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