Mechanical Breakdown Contract

CONDITIONS OF AGREEMENT

Some states do not allow limitation on how long an implied warranty should last, or the exclusions or limitations of incidental or consequential damages that may occur. Therefore, the following limitations of exclusion may or may not apply to you, depending on the state in which you reside. This Agreement is transferable to the new owner of the vehicle for a fee of $100.00 paid at the time of transfer. VS must be notified within 72 hours of the sale of the above-mentioned vehicle and the vehicle must pass a physical inspection, or agreement is cancelled. This Agreement is renewable until such time as the vehicle has 100,000 miles on the odometer. This Agreement is inclusive of a thirty (30) day and one thousand (1,000) mile probationary period. This Agreement is subject to the terms and conditions set forth by VS in this Agreement. VS agrees to replace, repair or pay for the replacement of the repair of covered parts listed in the Agreement set forth below, as a result of a mechanical breakdown arising out of normal use of your vehicle. The replacement parts that are used by VS or its authorized service facility are to be of like kind or quality and may be new, rebuilt, exchanged, or serviceable used components as customarily used in the automotive industry. As the Customer, you may recommend a service facility of your choice to have the work performed. VS will make every effort to uphold your choice of service facility; however, VS has specialists in the automotive industry. Therefore, VS, in its sole discretion, reserves the right to designate or have the vehicle moved to a service facility of its choice.

The procedure for making a claim for repairs is as follows: VS must be called prior to taking a vehicle in for repair, with information on where you would like to take your vehicle and general explanation of the problem. If this procedure is not followed VS has the right, in its sole discretion, to disallow the claim and failure to obtain prior authorization will result in the Customer assuming any and all costs. VS reserves the right to inspect your vehicle before any repairs begin. Before any diagnostics, teardowns or repairs begin; your mechanic must contact VS and provide us with the nature of the repair and estimated parts and labor charges. Payment of all diagnostics is the responsibility of Customer. Provided that the repair is covered by this Agreement, VS will issue a claim authorization number. The Agreement is in effect as of the date and time that VS receives a completed and executed agreement with full payment and the expiration of the probationary period as defined above. This Agreement terminates at the expiration of the month or miles agreed to, whichever occurs first. The Customer's deductible is set forth above. The total liability VS will pay for the warranty period is the wholesale value of the vehicle as deemed by the Black Book, as published by National Research Division, Hearst Business Media Corporation. (If you, the Customer, desire a second opinion on a claim, it will be at the Customer's expense.)

The purpose of this Agreement is to give the Customer, a means to improve the life expectancy and/or the performance of the certain components of the above-mentioned vehicle. As the Customer, you are required to follow the manufacturer's maintenance schedule. Failure to perform the required manufactures maintenance schedule will void this Agreement. Required maintenance service must be performed at any qualified service facility. This Agreement may be amended at any time by VS to comply with state laws. If an existing manufacturer's warranty or another service contract issued by another covers a claim, those warranties should be considered the primary payer. The Customer must first file the claim through them. If the claim is also covered under VS, VS will pay the deductible (not to exceed the deductible stated herein), if any, charged by the issuer of the other warranty or contract. If the other warranty or service contract pays only a portion of the repairs and the portion not covered would have been covered by this Agreement, VS will pay the portion not paid by the issuer of the other warranty of service contract, up to the limit of this Agreement. VS reserves the right to have claims adjusted by one of their internal claims adjusters in order to perform a quality assurance evaluation. Should any part of the warranty cost remain unpaid at the time of a claim, it will be deducted from the cost of the claim. You cannot rely on representations oral, written, or otherwise from anyone with respect to coverage under this warranty and must rely only on the terms and conditions herein. Any controversy or claim arising out of or relating to this contract, or breach of this contract, shall be settled by binding arbitration through net-ARB.com in accordance with the rules of net-ARB.com then in effect. Unless otherwise agreed to in writing by the parties, such proceedings shall take place in Columbus, Ohio. The decision of the arbitrator(s) and any award pursuant thereto shall be final, binding and conclusive evidence on the parties and shall not be appealable. Final judgment on such decision and any award may be entered in any court of competent jurisdiction.

The arbitrator(s) may award the cost of the arbitration proceedings, including, without limitation, reasonable attorney fees, arbitrator(s)' fees and out-of-pocket expenses incurred in connection with the arbitration hearing between the parties in such a manner as the arbitrator(s) may determine to be reasonable and equitable in light of the outcome of the arbitration proceedings. Should this arbitration provision be unenforceable or invalid in any state where the customer resides, the parties agree that any controversy or claim arising out of or relating to this contract, or the breach of this contract, shall be brought and maintained exclusively in a court of the State of Ohio, Franklin County, or in the United States District Court for the Southern District of Ohio. Customer expressly waives any right to maintain a class action lawsuit. This agreement is a warranty contract and is not a form of insurance, and therefore is not subject to state insurance laws.

COVERED COMPONENTS

• Engine:  All internally lubricated parts inclusive of:  pistons, piston rings and pins, crank shaft and main bearings, connecting rods and bearings, camshaft and bearings, timing gear chain and/or belt, rocker arms, shafts and bushings, valves, valve springs, guides and seats, push rods and lifters, oil pump.  Externally:  water pump, mechanical and/or electric fuel pump, oil pan, flywheel, valve covers, intake manifolds, distributor shaft, gear and bushing, engine head(s), engine block, gaskets and seals, if damaged as a result of failure of covered engine parts.
• Transmission:  All internally lubricated parts contained within an automatic transmission and transfer case inclusive of:  clutches, bands, pumps, carrier assemblies, internal shafts (main, intermediate, reaction), thrust washers and bearings, governor, valve body, servo and accumulator, torque converter, shift linkage, throttle valve cable, case, if damaged as a result of failure of covered automatic transmission parts. Internally lubricated parts contained within a manual transmission inclusive of:  main shaft, coupler shaft, all gears, synchronizer hub assemblies, bearings, shift rails and internal shift forks, input shaft synchronizer rings and retainers, case, if damaged as a result of failure of covered components.  Internally lubricated parts within the trans-axle of a front wheel drive; including ring and pinion gears, internal bearings, axle(s) and case, if damaged by covered components.
• Rear-Wheel Drive:  Parts contained within the rear differential housing, if damaged by failure of internally lubricated parts, axle, and universal joints.
• Four-Wheel Drive (if surcharge was applied):  Parts contained within the transfer case; transfer case, if damaged by failure of internally lubricated parts.
• Turbo Charge (if surcharge was applied):  turbocharger
• Air Conditioning, Cooling, and Heating:  Factory installed compressor, clutch, heater core, blower motor, main radiator, main fan, and fan pulley.
• Electrical:  Starter, starter solenoid, alternator or generator, voltage regulator, windshield washer pump, wiper motors, trunk lid motor, engine control computer, ignition control module, blower motor, power seat motor, door window motors, speedometer, tachometer, oil pressure gauge, water temperature gauge, electronic control module (ECM/ECU), climate control unit and power train control module.
• Sensors:  Manifold pressure temperature, throttle position, coolant temperature, vehicle speed, camshaft/crankshaft angle, wheel speed, and climate control sensors.
• Steering:  Steering gear, power steering pump, steering column shafts, and coupling rack and pinion.
• Brakes:  Master cylinder, vacuum assistant booster, emergency brake cable, brake calipers, ABS pump, ABS module, wheel cylinders, compensating valve, and brake line tubing and fittings.
• Front Suspension:  Upper and lower control arms, control arm shafts, upper and lower ball joints, tie rod ends, constant velocity joints and axle(s) wheel bearings.
• Wear & Tear:  Any covered part listed, if it breaks due to excessive wear or is worn out.
• Seals and Gaskets:  All seals and gaskets are covered in conjunction with covered parts.
• Labor:  All necessary labor will be paid by VS to repair or replace all components covered under this Agreement.
• 24/7 Roadside Program:  Towing to the nearest repair facility, emergency tire, battery, gasoline and lockout service and emergency transportation up to fifty (50) miles.
• Rental:  If a vehicle requires more than an eight (8) hour period of labor to be repaired, VS will pay up to thirty dollars ($30.00) per day, for a maximum of four (4) business days on repairs that would be covered under this Agreement.
• Trip Interruption:  If a vehicle requires more than an eight (8) hour period of labor to be repaired, and the vehicle is more than 200 miles from Customer's home address, VS will pay up to four (4) days of overnight stay and car rental up to an aggregate amount of seventy-five dollars ($75.00) per day on repairs that would be covered under this Agreement.
• Ineligible Vehicles:  Trucks over one ton classification, taxis, buses, law enforcement vehicles, motor homes, vehicles used for delivery, construction, taxi, rental or racing competition, vehicles modified from the manufacturer's original specifications, grey market vehicles, salvaged vehicles, vehicles equipped with a snowplow, vehicles with inoperable/inaccurate speedometers or odometers, vehicles used for plowing, towing and any commercial use of a vehicle will void this Agreement.
• Pre-existing:  Pre-existing conditions may be defined as, but not limited to, any part that was broken, worn beyond serviceable limits or making noise at the time of purchase of vehicle.  Any component(s) or system(s) that was not functioning properly upon the first attempt to operate is also considered pre-existing and includes, but is not limited to, four wheel drive, air conditioning, and electrical components.  Failures or breakdowns resulting from pre-existing conditions are the responsibility of the Customer.

EXCLUSIONS   

• Anything done without the authorization of VS
• Pre-existing conditions are not covered by this vehicle service agreement
• Any vehicle that is or has ever been deemed a grey market vehicle
• Any tampering or alteration to the odometer of the vehicle so that the true and actual mileage is not shown on the odometer or cannot be determined
• Delays or loss to you, the Warranty Holder, because your vehicle has broken down or other incidental or consequential damages except provided in this warranty agreement
• Defects, damage, or deterioration due to exposure, misuse, alteration, negligence, accidents, or deterioration, of non mechanical parts. For instance: rubber seals, bushings, rubber boots, etc.
• Lack of normal maintenance required by the manufacturer
• Repairs based solely on recommendation by a service technician if the part in question still functions
• Leaking oil or fluid seals. For instance: Power steering pump or rack and pinion seals if the part is performing the function for which it was designed, the part will not be covered simply because of leaks
• Non-replacement of service items. For instance: brake linings, clutch components, tune-up-related items or labor, filters, fluids, light bulbs, fuses, batteries including Hybrid vehicle battery
• Any damage caused by overheating, regardless of the cause of overheating, or damage caused by lack of oil, transmission fluid, antifreeze, power steering fluid, or differential lube oil, regardless of the cause of loss of fluids
• Any part or labor covered under existing factory or emissions warranties
• Any Manufacturers recall or bulletin
• Drive train exclusions: drive train shifter, linkages, electronic transmission switches, transmission sensors and solenoids, all wiring harnesses, manual shift clutch components and encoder motors
• Manual transmission claims will not be approved if the clutch is worn to the extent that it needs to be replaced at the time of the transmission failure
• Any part that was broken, worn beyond serviceable limits, or making noise at the time of purchase
• Damage to the internal engine parts, transmission, drive axle, or CV joints due to deteriorated seals, boots or gaskets
• Any emissions or exhaust parts including Plenum and all sensors
• Any wear or damage caused by failure to maintain the vehicle under the standards of the manufacturer
• The deductible charge, Sales and or other Use Taxes, and applicable co-pay as determined by VS
• Any diagnostics or teardowns other than if VS requests a second opinion
• Deteriorated seals and/or gaskets or the replacement of seals and/or gaskets unless replacement is required in conjunction with the repair or replacement of covered parts
• Hybrid Vehicle Electric motor(s), generator(s), batteries, electrical controls, sensors and all other components specifically intended for the proper operation of the electric drive train.
• Any other part not listed in this agreement.

CANCELLATION

Cancellation by the Warranty Holder:  This Agreement may be cancelled within thirty (30) days of the purchase date and the refund shall be one hundred percent (100%) of the purchase price.  After the first thirty (30) days from the purchase date, there will be no refund.  No portion of the price shall be refunded if any claim has been presented to VS (regardless of whether a claim has been declined or approved).  To cancel, the Customer must submit to VS via fax/phone, postal mail, or e-mail, a written request for cancellation, including the reason(s) for cancellation.

Cancellation by VS:  VS may cancel this warranty by refunding one hundred percent (100%) of the warranty purchase amount within the first thirty (30) days of purchase.  If the Customer has not paid the total warranty purchase amount of his/her warranty as agreed, VS shall be entitled to cancel this Agreement with no refund.  VS reserves the right to cancel this Agreement with no refund if the Customer's vehicle is an "Ineligible Vehicles" or if any misrepresentation by Warranty Holder, as described above.

Power Train Contract

CONDITIONS OF AGREEMENT

Some states do not allow limitation on how long an implied warranty should last, or the exclusions or limitations of incidental or consequential damages that may occur. Therefore, the following limitations of exclusion may or may not apply to you, depending on the state in which you reside. This Agreement is transferable to the new owner of the vehicle for a fee of $100.00 paid at the time of transfer. VS must be notified within 72 hours of the sale of the above-mentioned vehicle and the vehicle must pass a physical inspection, or agreement is cancelled. This Agreement is renewable until such time as the vehicle has 100,000 miles on the odometer. This Agreement is inclusive of a thirty (30) day and one thousand (1,000) mile probationary period. This Agreement is subject to the terms and conditions set forth by VS in this Agreement. VS agrees to replace, repair or pay for the replacement of the repair of covered parts listed in the Agreement set forth below, as a result of a mechanical breakdown arising out of normal use of your vehicle. The replacement parts that are used by VS or its authorized service facility are to be of like kind or quality and may be new, rebuilt, exchanged, or serviceable used components as customarily used in the automotive industry. As the Customer, you may recommend a service facility of your choice to have the work performed. VS will make every effort to uphold your choice of service facility; however, VS has specialists in the automotive industry. Therefore, VS, in its sole discretion, reserves the right to designate or have the vehicle moved to a service facility of its choice.

The procedure for making a claim for repairs is as follows: VS must be called prior to taking a vehicle in for repair, with information on where you would like to take your vehicle and general explanation of the problem. If this procedure is not followed VS has the right, in its sole discretion, to disallow the claim and failure to obtain prior authorization will result in the Customer assuming any and all costs. VS reserves the right to inspect your vehicle before any repairs begin. Before any diagnostics, teardowns or repairs begin; your mechanic must contact VS and provide us with the nature of the repair and estimated parts and labor charges. Payment of all diagnostics is the responsibility of Customer. Provided that the repair is covered by this Agreement, VS will issue a claim authorization number. The Agreement is in effect as of the date and time that VS receives a completed and executed agreement with full payment and the expiration of the probationary period as defined above. This Agreement terminates at the expiration of the month or miles agreed to, whichever occurs first. The Customer's deductible is set forth above. The total liability VS will pay for the warranty period is the wholesale value of the vehicle as deemed by the Black Book, as published by National Research Division, Hearst Business Media Corporation. (If you, the Customer, desire a second opinion on a claim, it will be at the Customer's expense.)

The purpose of this Agreement is to give the Customer, a means to improve the life expectancy and/or the performance of the certain components of the above-mentioned vehicle. As the Customer, you are required to follow the manufacturer's maintenance schedule. Failure to perform the required manufactures maintenance schedule will void this Agreement. Required maintenance service must be performed at any qualified service facility. This Agreement may be amended at any time by VS to comply with state laws. If an existing manufacturer's warranty or another service contract issued by another covers a claim, those warranties should be considered the primary payer. The Customer must first file the claim through them. If the claim is also covered under VS, VS will pay the deductible (not to exceed the deductible stated herein), if any, charged by the issuer of the other warranty or contract. If the other warranty or service contract pays only a portion of the repairs and the portion not covered would have been covered by this Agreement, VS will pay the portion not paid by the issuer of the other warranty of service contract, up to the limit of this Agreement. VS reserves the right to have claims adjusted by one of their internal claims adjusters in order to perform a quality assurance evaluation. Should any part of the warranty cost remain unpaid at the time of a claim, it will be deducted from the cost of the claim. You cannot rely on representations oral, written, or otherwise from anyone with respect to coverage under this warranty and must rely only on the terms and conditions herein. Any controversy or claim arising out of or relating to this contract, or breach of this contract, shall be settled by binding arbitration through net-ARB.com in accordance with the rules of net-ARB.com then in effect. Unless otherwise agreed to in writing by the parties, such proceedings shall take place in Columbus, Ohio. The decision of the arbitrator(s) and any award pursuant thereto shall be final, binding and conclusive evidence on the parties and shall not be appealable. Final judgment on such decision and any award may be entered in any court of competent jurisdiction.

The arbitrator(s) may award the cost of the arbitration proceedings, including, without limitation, reasonable attorney fees, arbitrator(s)' fees and out-of-pocket expenses incurred in connection with the arbitration hearing between the parties in such a manner as the arbitrator(s) may determine to be reasonable and equitable in light of the outcome of the arbitration proceedings. Should this arbitration provision be unenforceable or invalid in any state where the customer resides, the parties agree that any controversy or claim arising out of or relating to this contract, or the breach of this contract, shall be brought and maintained exclusively in a court of the State of Ohio, Franklin County, or in the United States District Court for the Southern District of Ohio. Customer expressly waives any right to maintain a class action lawsuit. This agreement is a warranty contract and is not a form of insurance, and therefore is not subject to state insurance laws.

COVERED COMPONENTS

• Engine:  All internally lubricated parts inclusive of:  pistons, piston rings and pins, crank shaft and main bearings, connecting rods and bearings, camshaft and bearings, timing gear chain and/or belt, rocker arms, shafts and bushings, valves, valve springs, guides and seats, push rods and lifters, oil pump.  Externally:  water pump, mechanical and/or electric fuel pump, oil pan, flywheel, valve covers, intake manifolds, distributor shaft, gear and bushing, engine head(s), engine block, gaskets and seals, if damaged as a result of failure of covered engine parts.
• Transmission:  All internally lubricated parts contained within an automatic transmission and transfer case inclusive of:  clutches, bands, pumps, carrier assemblies, internal shafts (main, intermediate, reaction), thrust washers and bearings, governor, valve body, servo and accumulator, torque converter, shift linkage, throttle valve cable, case, if damaged as a result of failure of covered automatic transmission parts. Internally lubricated parts contained within a manual transmission inclusive of:  main shaft, coupler shaft, all gears, synchronizer hub assemblies, bearings, shift rails and internal shift forks, input shaft synchronizer rings and retainers, case, if damaged as a result of failure of covered components.  Internally lubricated parts within the trans-axle of a front wheel drive; including ring and pinion gears, internal bearings, axle(s) and case, if damaged by covered components.
• Rear-Wheel Drive:  Parts contained within the rear differential housing, if damaged by failure of internally lubricated parts, axle, and universal joints.
• Four-Wheel Drive (if surcharge was applied):  Parts contained within the transfer case; transfer case, if damaged by failure of internally lubricated parts.
• Turbo Charge (if surcharge was applied):  turbocharger
• Wear & Tear:  Any covered part listed, if it breaks due to excessive wear or is worn out.
• Seals and Gaskets:  All seals and gaskets are covered in conjunction with covered parts.
• Labor:  All necessary labor will be paid by VS to repair or replace all components covered under this Agreement.
• 24/7 Roadside Program:  Towing to the nearest repair facility, emergency tire, battery, gasoline and lockout service and emergency transportation up to fifty (50) miles.
• Rental:  If a vehicle requires more than an eight (8) hour period of labor to be repaired, VS will pay up to thirty dollars ($30.00) per day, for a maximum of four (4) business days on repairs that would be covered under this Agreement.
• Trip Interruption:  If a vehicle requires more than an eight (8) hour period of labor to be repaired, and the vehicle is more than 200 miles from Customer's home address, VS will pay up to four (4) days of overnight stay and car rental up to an aggregate amount of seventy-five dollars ($75.00) per day on repairs that would be covered under this Agreement.
• Ineligible Vehicles:  Trucks over one ton classification, taxis, buses, law enforcement vehicles, motor homes, vehicles used for delivery, construction, taxi, rental or racing competition, vehicles modified from the manufacturer's original specifications, grey market vehicles, salvaged vehicles, vehicles equipped with a snowplow, vehicles with inoperable/inaccurate speedometers or odometers, vehicles used for plowing, towing and any commercial use of a vehicle will void this Agreement.
• Pre-existing:  Pre-existing conditions may be defined as, but not limited to, any part that was broken, worn beyond serviceable limits or making noise at the time of purchase of vehicle.  Any component(s) or system(s) that was not functioning properly upon the first attempt to operate is also considered pre-existing and includes, but is not limited to, four wheel drive, air conditioning, and electrical components.  Failures or breakdowns resulting from pre-existing conditions are the responsibility of the Customer.

EXCLUSIONS   

• Anything done without the authorization of VS
• Pre-existing conditions are not covered by this vehicle service agreement
• Any vehicle that is or has ever been deemed a grey market vehicle
• Any tampering or alteration to the odometer of the vehicle so that the true and actual mileage is not shown on the odometer or cannot be determined
• Delays or loss to you, the Warranty Holder, because your vehicle has broken down or other incidental or consequential damages except provided in this warranty agreement
• Defects, damage, or deterioration due to exposure, misuse, alteration, negligence, accidents, or deterioration, of non mechanical parts. For instance: rubber seals, bushings, rubber boots, etc.
• Lack of normal maintenance required by the manufacturer
• Repairs based solely on recommendation by a service technician if the part in question still functions
• Leaking oil or fluid seals. For instance: Power steering pump or rack and pinion seals if the part is performing the function for which it was designed, the part will not be covered simply because of leaks
• Non-replacement of service items. For instance: brake linings, clutch components, tune-up-related items or labor, filters, fluids, light bulbs, fuses, batteries including Hybrid vehicle battery
• Any damage caused by overheating, regardless of the cause of overheating, or damage caused by lack of oil, transmission fluid, antifreeze, power steering fluid, or differential lube oil, regardless of the cause of loss of fluids
• Any part or labor covered under existing factory or emissions warranties
• Any Manufacturers recall or bulletin
• Drive train exclusions: drive train shifter, linkages, electronic transmission switches, transmission sensors and solenoids, all wiring harnesses, manual shift clutch components and encoder motors
• Manual transmission claims will not be approved if the clutch is worn to the extent that it needs to be replaced at the time of the transmission failure
• Any part that was broken, worn beyond serviceable limits, or making noise at the time of purchase
• Damage to the internal engine parts, transmission, drive axle, or CV joints due to deteriorated seals, boots or gaskets
• Any emissions or exhaust parts including Plenum and all sensors
• Any wear or damage caused by failure to maintain the vehicle under the standards of the manufacturer
• The deductible charge, Sales and or other Use Taxes, and applicable co-pay as determined by VS
• Any diagnostics or teardowns other than if VS requests a second opinion
• Deteriorated seals and/or gaskets or the replacement of seals and/or gaskets unless replacement is required in conjunction with the repair or replacement of covered parts
• Hybrid Vehicle Electric motor(s), generator(s), batteries, electrical controls, sensors and all other components specifically intended for the proper operation of the electric drive train.
• Any other part not listed in this agreement.

CANCELLATION

Cancellation by the Warranty Holder:  This Agreement may be cancelled within thirty (30) days of the purchase date and the refund shall be one hundred percent (100%) of the purchase price.  After the first thirty (30) days from the purchase date, there will be no refund.  No portion of the price shall be refunded if any claim has been presented to VS (regardless of whether a claim has been declined or approved).  To cancel, the Customer must submit to VS via fax/phone, postal mail, or e-mail, a written request for cancellation, including the reason(s) for cancellation.

Cancellation by VS:  VS may cancel this warranty by refunding one hundred percent (100%) of the warranty purchase amount within the first thirty (30) days of purchase.  If the Customer has not paid the total warranty purchase amount of his/her warranty as agreed, VS shall be entitled to cancel this Agreement with no refund.  VS reserves the right to cancel this Agreement with no refund if the Customer's vehicle is an "Ineligible Vehicles" or if any misrepresentation by Warranty Holder, as described above.