Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
*C-0108342663-1*
0108342663-1
RETAIL INSTALLMENT CONTRACT
100036800
ACCOUNT #____________________
F81
LOT #____________________
Buyer Name and Address
Co-Buyer Name and Address
Creditor-Seller Name and Address
INDIA STRINGER
900 RUE DE LA PAIX
Apt. # 1110
CINCINNATI, OH 45220
N/A
MCCLUSKEY CHEVROLET INC
435 E GALBRAITH ROAD
CINCINNATI, OH 45215
“You” and “Your” mean each Buyer above, jointly and severally. “Us” and “We” mean Creditor-Seller and Creditor-Seller’s assignee. You may buy the Vehicle described below for cash or credit.
The cash price is shown below as the “Cash Price”. The credit price is shown below as “Total Sale Price”. You have agreed to buy the Vehicle from Us on credit for the Total Sale Price. You
acknowledge delivery and acceptance of the Vehicle in good condition and repair. You promise to pay Us all amounts due under this Retail Installment Contract (“Contract”), including the Total
Sale Price, in accordance with the payment schedule shown in the Truth in Lending Disclosures below. You also agree to the terms and conditions (including the Truth in Lending Disclosures)
and on the additional pages of this Contract. The Annual Percentage Rate may be negotiable with Us.
Used
Year and Make
Model and Body Style
2016 Dodge
Dart
Color
GRAY
Vehicle Identification Number
Odometer Reading
1C3CDFBB8GD661124
139,522
TRUTH IN LENDING DISCLOSURES
ANNUAL
PERCENTAGE
RATE
Amount
Financed
FINANCE
CHARGE
The dollar amount
the credit will cost
You.
The cost of Your
credit as a yearly
rate.
22.99 % $ 7,912.89
Payment Schedule: Your payment schedule will be:
No. of Payments
Amount of Payments
The amount of credit
provided to You or on
Your behalf.
$ 11,450.31
Total of
Payments
The amount You will
have paid after You
have made all payments as scheduled.
$ 19,363.20
Total Sale Price
The total cost of Your
purchase on credit,
including Your
down payment of
$ 2,000.00
is
$ 21,363.20
When Payments Are Due
$
$
60
$ 322.72
Monthly, beginning September 29, 2020
Security: You are giving a security interest in the Vehicle being purchased.
Late Charge: If a payment is more than 10 days late, You will be charged 5% of the payment.
Prepayment: If You pay early, You may be entitled to a refund of part of the Finance Charge.
Additional Information: Please read this Contract for any additional information about nonpayment, default and any required repayment
in full before the scheduled date, and prepayment refunds and penalties.
COPY OF ELECTRONIC ORIGINAL
THE INSURANCE, IF ANY, REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR BODILY INJURY LIABILITY,
PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY OR COMPLY WITH ANY MINIMUM STATE LIABILITY LAWS.
PROPERTY INSURANCE: You must insure the Vehicle securing this Contract. YOU MAY PURCHASE OR PROVIDE THE INSURANCE
THROUGH ANYONE YOU CHOOSE WHO IS REASONABLY ACCEPTABLE TO US, as more fully described on page 3.
ARBITRATION: The Contract contains an Arbitration Clause that states You and We may elect to resolve any dispute by arbitration and not by court
action. See the Arbitration Clause on page 5 of this Contract for the full terms and conditions of the agreement to arbitrate. By initialing below, you confirm
that you have read, understand and agree to the terms and conditions in the Arbitration Clause.
Inits
Buyer’s Initials
IS
Buyer’s Initials
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR
COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF.
RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
USED CAR BUYERS GUIDE. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES
ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE.
Guía para compradores de vehículos usados. La información que ve en el formulario de la ventanilla para este vehículo forma parte del presente contrato. La información del formulario de
la ventanilla deja sin efecto toda disposición en contrario contenida en el contrato de venta.
ADDITIONAL TERMS AND CONDITIONS: THE ADDITIONAL TERMS AND CONDITIONS, INCLUDING THE AGREEMENT TO ARBITRATE SET
FORTH ON THE ADDITIONAL PAGES OF THIS CONTRACT ARE A PART OF THIS CONTRACT AND ARE INCORPORATED HEREIN BY REFERENCE.
Inits
OHIO CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation.
All Rights Reserved.
PAGE 1 of 5
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
Buyer’s Initials
IS
__________
Buyer’s Initials
__________
*C-0108342663-2*
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
0108342663-2
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price (including accessories and improvements to the Vehicle).......................................................................................... $
2. Sales Tax......................................................................................................................................................................................... $
2,000.00 (A)
3. Down-Payment Calculation:
Cash Down Payment..................................... $
N/A (B)
Deferred Down Payment................................ $
N/A (C)
Trade-In Description:
Gross Trade-In.............. $
Make: N/A
N/A (D)
Model: N/A
Payoff Made by Seller $
Net Trade-In (If negative number, Insert “0” in line 3(E) and itemize difference in 5(F) below) ...................(C-D) $
N/A (E)
Trade-In Description:
Make: N/A
Model: N/A
Gross Trade-In.............. $
N/A (F)
Payoff Made by Seller
N/A (G)
$
Net Trade-In (If negative number, Insert “0” in line 3(H) and itemize difference in 5(K) below) .................(F-G) $
10,723.00 (1)
877.31 (2)
N/A (H)
N/A (I)
Other: Manufacturers Rebate....................................................................................$
Total Down Payment.................................................... (A+B+E+H+I) $ 2,000.00
9,600.31
4. Unpaid Balance of Cash Price (1+ 2 less 3)..................................................................................................................................$
5. Other Charges Including Amounts Paid to Others on Your Behalf:
*(NOTICE: A portion of these charges may be paid to or retained by Us.)
N/A (A)
A. *Cost of Required Physical Damage Insurance Paid to Insurance Company.................................... $
1,560.00
B. *Cost of Optional Extended Warranty or Service Contract Paid to the Company named below........ $
(B)
250.00 (C)
C. *Documentation Fee........................................................................................................................... $
N/A (D)
D. Cost of Fees Paid to Public Officials for Perfecting, Releasing or Satisfying a Security Interest ....... $
40.00
E. Cost of Fees Paid to Public Officials for Certificate of Title, License and Registration ...................... $
(E)
Other Charges (Seller must identify who will receive payment and describe purpose)
N/A (F)
F. to N/A
for lien or lease payoff.................................................. $
N/A (G)
G. *to N/A
for Optional GAP Protection........................................ $
N/A (H)
H. *to N/A
for N/A
$
N/A (I)
I.
*to N/A
for N/A
$
N/A (J)
J. *to N/A
for N/A
$
N/A (K)
K. *to N/A
for lien or lease payoff..................................................$
1,850.00
Total of Other Charges and Amounts Paid to Others on Your Behalf............................................................................................ $
N/A
6. Less Prepaid Finance Charge ........................................................................................................................................................ $
7. Amount Financed - Unpaid Balance (4 + 5 less 6)...................................................................................................................... $ 11,450.31
(3)
(4)
(5)
(6)
(7)
COPY OF ELECTRONIC ORIGINAL
OPTIONAL EXTENDED WARRANTY OR SERVICE CONTRACT: Although You are not required to purchase an optional extended warranty or
service contract as a condition of purchasing this Vehicle on credit, by signing below You are indicating that You voluntarily elect to buy an optional
extended warranty or service contract covering the repair of certain major mechanical breakdowns of the Vehicle and related expenses. Refer to the
optional extended warranty or service contract for details about coverage and duration.
Price $ 1,560.00
India Stringer
eSigned By:
Term: 24 Mos.\
Aug 29, 2020 4:54:53 PM EDT
24000 Miles
Company:
Wynn's Extended Care, Inc.
08/29/2020
Buyer’s Signature
Date
Buyer’s Signature
Date
GAP PROTECTION: Optional Guaranteed Auto Protection (GAP) is not required to obtain credit. GAP protection will not be provided under this Contract
unless You sign for it below and agree to pay the additional cost shown below and on Line 5G of the ITEMIZATION OF AMOUNT FINANCED. You may obtain
optional GAP protection from a person of Your choice that is authorized to sell such coverage and is acceptable to Us. The GAP contract issued by the
provider of the protection will describe the terms and conditions of coverage in further detail. If You want GAP protection, sign below.
Cost: $ N/A
Term:
N/A
Provider:
N/A
****NOT PURCHASED - DO NOT SIGN****
Buyer’s Signature
Date
Buyer’s Signature
Date
You agree to the terms of this Contract and acknowledge that You have received a copy of this Contract with all blanks filled in and that
You have read it and understand it.
NOTICE TO THE BUYER: 1. Do not sign this Contract before You read it or if it contains any blank spaces. 2. You are entitled to an exact
copy of the Contract You sign.
Buyer’s Signature: x
eSigned By:
India Stringer
Seller: MCCLUSKEY CHEVROLET INC
By:
This Contract is signed by the Seller and Buyer(s) hereto this
OHIO CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation.
All Rights Reserved.
Buyer’s Signature: x
Aug 29, 2020 4:54:53 PM EDT
eSigned By:
29th
Gary Freese
August
day of
Aug 29, 2020 4:56:27 PM EDT
PAGE 2 of 5
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
Title:
AGENT
, 2020
*C-0108342663-3*
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
0108342663-3
ADDITIONAL TERMS AND CONDITIONS
Security Interest and Assignment of Proceeds. You give Us a security interest in the Vehicle. This secures payment of all You owe on this Contract and in
any transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree to have the certificate of title show our security
interest (lien) in the Vehicle. Until Your obligations under this Contract are satisfied, You assign to Us all Your right, title and interest in and to: 1) all parts or goods put on the
Vehicle; 2) all money or goods received (proceeds) for the Vehicle (including all parts or goods put on the Vehicle); 3) all insurance, service, or other contracts We finance for You;
and 4) all proceeds from insurance, service, or other contracts We finance for You. This includes any refunds of premiums.
Late Charge. You promise to make all payments when due. If You fail to make a payment when it is due, You agree to pay Us a late charge as stated on page 1 of this Contract.
You agree that We do not waive any of our rights by accepting one or more late payments from You.
Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the Vehicle is damaged, destroyed or missing.
Bad Check Charge. You agree to pay Us a bad check charge of $20 (or such other amount permitted by applicable law) for any check or like instrument given by You to
Us that is returned by Your bank because of insufficient funds or because Your bank account was closed.
Your Other Promises to Us. You promise that:
-
You will not remove the Vehicle from the United States or Canada.
You will not sell, rent, lease or otherwise transfer any interest in the Vehicle or this Contract without our written permission.
You will not expose the Vehicle to misuse or confiscation.
You will not permit any other lien or security interest to be placed on the Vehicle.
You will preserve and protect the Vehicle and keep it in good condition and repair.
You will not use the Vehicle in a trade or business without our written consent.
You will not use the Vehicle unlawfully or abandon it. If a governmental agency impounds the Vehicle, You will notify Us immediately and regain possession of the Vehicle.
We may regain possession of the Vehicle and treat it as a default.
You will pay all taxes, assessments, rentals, charges, and other fees imposed on the Vehicle when they are due. If We pay any repair bills, storage bills, taxes, fines, fees,
or other charges on the Vehicle, You agree to repay the amount to Us.
You will permit Us to inspect the Vehicle at any reasonable time.
You will promptly sign, or cause others to sign, and give Us any documents We reasonably request to perfect our security interest.
You have not made and will not make an untrue, misleading or incomplete statement in a credit application, this Contract or any information provided in connection with
this Contract.
You will promptly provide Us with any additional personal or financial information concerning You or any information about the Vehicle that We may reasonably request from time to time.
You will immediately notify Us if You change Your name or address.
Prepayment. You have the right to prepay Your account balance early without a penalty. If You prepay in full, You may be entitled to a refund credit of part of the pre-computed
finance charge. This credit will be calculated in accordance with the actuarial method. We will apply the credit to the amount You owe Us or if You paid Us more than the amount
owed to Us under this Contract, We will refund it to You. A minimum finance charge of $15 may be charged. We will not credit or refund amounts less than $1.00.
If You prepay only a portion of the balance remaining under this Contract, We will apply the prepayment to Your account balance, however a prepayment will not excuse any
later scheduled payments. You must still make all scheduled payments on time until Your obligation under this Contract is paid in full. If You make a partial prepayment Your last
payment or payments may be less than the scheduled amount due.
COPY OF ELECTRONIC ORIGINAL
Required Physical Damage Insurance. You must insure Yourself and Us for the term of this Contract against loss of, or physical damage to, the Vehicle with a policy
in Your name that is acceptable to Us. We must approve the type and amount of insurance. At any time during the term of this Contract, if You do not have physical damage insurance
which covers both the interest of You and Us in the Vehicle, then We may buy it for You. If We do not buy physical damage insurance which covers both interests in the Vehicle, We
may, if We decide, buy insurance which covers only our interest, to the extent permitted by law.
We are under no obligation to buy any insurance, but may do so if We desire. If We buy either of these coverages, We will let You know what type it is and the charge You must
pay. The amount You must pay will be the premium for the insurance and a finance charge at the Annual Percentage Rate shown on this
Contract. You agree to pay the amount and finance charge in equal installments along with the payments shown on the Payment Schedule.
If the Vehicle is lost or damaged, You agree that We can use any insurance settlement either to repair the Vehicle or apply to Your account balance. If applied to Your account
balance, the insurance settlement proceeds that do not pay Your obligation in full under this Contract will be applied as a partial payment.
Optional Insurance, Maintenance or Service Contracts. This Contract may contain charges for optional insurance, maintenance, service or warranty
contracts. If the Vehicle is repossessed, You agree that We may claim benefits under these contracts and terminate them to obtain refunds of unearned charges.
Insurance, Maintenance, Service or Other Contract Charges Returned to Us. If any charge for insurance, maintenance, service, warranty or other
contract is returned to Us, it will be credited to Your account in accordance with the Prepayment section of this Contract.
Default and Acceleration of the Contract. You will be in default if:
-
You fail to pay any amount due under this Contract when it is due.
You break any of Your other promises You made in this Contract.
A proceeding in bankruptcy, receivership or insolvency is started by You or against You or Your property.
If You are in default of this Contract, We may declare the entire unpaid balance of this Contract due and payable immediately at any time without notice to You, unless We are required
by law to provide You with such notice, and subject to any right You may have to reinstate the Contract. If Your default consists solely of a failure to pay a payment when it is due,
We may demand that You pay all that You owe on this Contract only if Your failure to pay has continued for at least thirty (30) days.
Inits
OHIO CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation.
All Rights Reserved.
PAGE 3 of 5
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
IS
Buyer’s Initials
__________
Buyer’s Initials
__________
*C-0108342663-4*
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
0108342663-4
ADDITIONAL TERMS AND CONDITIONS
Starter Interruption Device and GPS. You understand and agree that if You are in default, We may use any starter interruption device and/or global positioning
system (collectively, the Device) installed on the Vehicle to prevent the Vehicle from starting and/or to locate the Vehicle when permissible law and the terms of this Contract
allow Us to repossess the Vehicle. You agree that if the Vehicle is disabled, You will need to cure Your default in order to restart the Vehicle. You acknowledge that You have
been provided with a toll free telephone number that You may call, no more than once per month, if the Vehicle is disabled but You need an emergency activation which will allow
the Vehicle to operate for 24 hours. Refer to the terms and conditions of the Buyer’s Disclosure for additional information on the Device.
Repossession of the Vehicle. If You default, We may take (repossess) the Vehicle from You. To repossess the Vehicle, We can enter Your property, or the property
where the Vehicle is stored, so long as it is done peacefully and the law allows it. Any accessories, equipment or replacements will remain with the Vehicle. You hereby acknowledge
and agree that any personal property contained within the Vehicle may be removed and held without liability to Us or our agent. It is Your responsibility to promptly and immediately
contact Us to make arrangements for the return of Your personal property. You are responsible for paying all reasonable charges associated with the repossession.
Getting the Vehicle Back After Repossession. If We repossess the Vehicle, You have the right to get it back (redeem). You may reinstate the Contract as
permitted by applicable law. You may redeem the Vehicle at any time before We sell, lease, license or otherwise dispose of any or all of the Vehicle in its present condition or
following any commercially reasonable preparation or processing.
Sale of the Repossessed Vehicle. Any notice that is required to be given to You of an intended sale or transfer of the Vehicle will be mailed to Your last known
address, as reflected in our records, in a reasonable period before the date of the intended sale or transfer (or such other period of time as is required by law). If the Vehicle is sold,
We will use the net proceeds of the sale to pay all or part of Your debt.
The net proceeds of the sale will be figured this way: Any charges for taking, holding, preparing for sale, and selling the Vehicle, and any attorney fees and court costs, if permitted
by law, will be subtracted from the selling price.
If You owe Us less than the net proceeds of sale, We will pay You the difference, unless We are required to pay it to someone else. For example, We may be required to pay a
lender who has given You a loan and has also taken a security interest in the Vehicle.
If You owe more than the net proceeds of sale, You will pay Us the difference between the net proceeds of sale and what You owe when We ask for it. If You do not pay this amount
when asked, You may also be charged interest at the highest lawful rate until You do pay all You owe to Us.
Delay in Enforcing Rights and Changes of this Contract. We can delay or refrain from enforcing any of our rights under this Contract without losing them. For
example, We can extend the time for making some payments without extending others. Any change in the terms of this Contract must be in writing and signed by Us. No oral changes
are binding. If any part of this Contract is not valid, all other parts will remain enforceable.
WARRANTIES SELLER DISCLAIMS. YOU UNDERSTAND THAT THE SELLER IS NOT OFFERING ANY WARRANTIES AND THAT THERE
ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES,
EXPRESS OR IMPLIED BY THE SELLER, COVERING THE VEHICLE UNLESS THE SELLER EXTENDS A WRITTEN WARRANTY OR
SERVICE CONTRACT WITHIN 90 DAYS FROM THE DATE OF THIS CONTRACT.
THIS PROVISION DOES NOT AFFECT ANY WARRANTIES COVERING THE VEHICLE THAT MAY BE PROVIDED BY THE VEHICLE
MANUFACTURER.
COPY OF ELECTRONIC ORIGINAL
Interest After Maturity. You further agree to pay interest at the Annual Percentage Rate stated on page 1 of this Contract or at the highest rate permitted by applicable
law, on any amounts that remain unpaid after maturity of this Contract. For the purposes of this provision, maturity means the earlier of the date Your final payment is due or the
date We accelerate the Contract.
Judgment Rate. Interest on any judgment awarded on this Contract will be at the Annual Percentage Rate stated on page 1 of this Contract or at the highest rate permitted
by applicable law.
Governing Law. The terms of this Contract are governed by law of the state of the Seller’s address shown on page 1 of this Contract, except to the extent preempted by
applicable federal law.
ASSIGNMENT
FOR VALUE RECEIVED, Seller hereby assigns and transfers all Seller’s right, title and interest in and to this Contract, and in and to the Vehicle described
herein, to CREDIT ACCEPTANCE CORPORATION (“Assignee”), its successors and assigns, pursuant to and in accordance with the terms and conditions set
forth in the existing dealer agreement between Seller and Assignee in effect on the date hereof. Seller gives Assignee full power, either in Assignee’s name or
in Seller’s name, to take all actions which Seller could have taken under this Contract. In order to induce Assignee to accept assignment of this Contract, Seller
represents and warrants to Assignee as set forth in the existing dealer agreement.
NOTICE OF ASSIGNMENT: The Seller has assigned this Contract to Credit Acceptance Corporation in accordance with the terms and conditions set forth on page 4 of this Contract. This assignment is without recourse. You must make all future payments to: CREDIT ACCEPTANCE
CORPORATION, 25505 WEST TWELVE MILE ROAD-SUITE 3000, SOUTHFIELD, MICHIGAN 48034-8339, 1-(800)-634-1506.
Seller: MCCLUSKEY CHEVROLET INC
By:
eSigned By:
Gary Freese
Title:
AGENT
Aug 29, 2020 4:56:27 PM EDT
Inits
OHIO CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation.
All Rights Reserved.
PAGE 4 of 5
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
Buyer’s Initials
IS
__________
Buyer’s Initials
__________
*C-0108342663-5*
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
0108342663-5
ARBITRATION CLAUSE
This Arbitration Clause describes how a Dispute (as defined below) may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons,
instead of having a trial in court in front of a judge and/or jury. In this Arbitration Clause, “We” and “Us” mean Seller and/or Seller’s assignee (including, without limitation,
Credit Acceptance Corporation) or their employees, assignees, or any third party providing any goods or services in connection with the origination, servicing and collection
of amounts due under the Contract if such third party is named as a party between You and Us. “You” and “Your” means each Buyer named above.
Your Right to Reject: If You don’t want this Arbitration Clause to apply, You may reject it by mailing Us at P.O. Box 5070, Southfield, Michigan 48086-5070 a written rejection
notice that describes the Contract and tells Us that You are rejecting this Arbitration Clause. A rejection notice is only effective if it is signed by all buyers, co-buyers and
cosigners and the envelope that the rejection notice is sent in has a post mark of 30 days or less after the date of this Contract. If You reject this Arbitration Clause, that
will not affect any other provision of this Contract or the status of Your Contract. If You don’t reject this Arbitration Clause, it will be effective as of the date of this Contract.
A “Dispute” is any controversy or claim between You and Us arising out of or in any way related to this Contract, including, but not limited to, any default under this Contract,
the collection of amounts due under this Contract, the purchase, sale, delivery, set-up, quality of the Vehicle, advertising for the Vehicle or its financing, or any product or
service included in this Contract. “Dispute” shall have the broadest meaning possible, and includes contract claims, and claims based on tort, violations of laws, statutes,
ordinances or regulations or any other legal or equitable theories. Notwithstanding the foregoing, “Dispute” does not include any individual action brought by You in small
claims court or Your state’s equivalent court, unless such action is transferred, removed or appealed to a different court. “Dispute” does not include any repossession of the
Vehicle upon Your default and any exercise of the power of sale of the Vehicle under this Contract or any individual action by You to prevent Us from using any such remedy,
so long as such individual action does not involve a request for monetary relief of any kind. In addition, “dispute” does not include disputes about the validity, enforceability,
coverage or scope of this Arbitration Clause or any part thereof (including, without limitation, the Class Action Waiver described in the sixth paragraph of this Arbitration
Clause, the last sentence of the seventh paragraph of this Arbitration Clause and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However,
any dispute or argument that concerns the validity or enforceability of the Contract as a whole is for the arbitrator, not a court, to decide.
If a Dispute arises, the complaining party shall give the other party a written Dispute Notice and a reasonable opportunity, not less than 30 days, to resolve the Dispute.
Any Dispute Notice to You will be sent in writing to the address on this Contract (or any updated address You subsequently provide to Us). Any Dispute Notice to Us must
be sent by mail to: Credit Acceptance, Attn: Corporate Legal, 25505 West Twelve Mile Road, Suite 3000, Southfield, Michigan 48034-8339 (or any updated address We
subsequently provide to You). Any Dispute Notice You send must give Your Account Number, telephone number and address. Any Dispute Notice must explain the
nature of the Dispute and the relief that is demanded. The complaining party must reasonably cooperate in providing any information about the Dispute that the other party
reasonably requests.
Either You or We may require any Dispute to be arbitrated and may do so before or after a lawsuit has been started over the Dispute or with respect to other Disputes or
counterclaims brought later in the lawsuit. If You or We elect to arbitrate a Dispute, this Arbitration Clause applies. A Dispute shall be fully resolved by binding arbitration.
Judgment on the arbitration award may be entered in any court with jurisdiction. All statutes of limitation that otherwise would apply to an action brought in court will apply
in arbitration. The arbitrator is authorized to award all remedies permitted by the substantive law that would apply if the action were pending in court, including, without
limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and attorneys’ fees and costs.
If You or We elect to arbitrate a Dispute, neither You nor We will have the right to pursue that Dispute in court or have a jury resolve that dispute. In addition, if You or We
elect to arbitrate a Dispute, (a) neither You nor We may participate in a class action in court or in a class-wide arbitration, either as a plaintiff, defendant or class member; (b)
neither You nor We may act as a private attorney general in court or in arbitration; (c) Disputes brought by or against You may not be joined or consolidated with Disputes
brought by or against any other person; and (d) the arbitrator shall have no power or authority to conduct a class-wide arbitration, private attorney general arbitration or joined
or consolidated arbitration (this sentence including subparts a through d hereof is referred to in this Arbitration Clause as the “Class Action Waiver”). In the event there is
an agreement to arbitrate claims or disputes that conflicts with this Arbitration Clause, whether such agreement is executed before, at the same time, or after this Arbitration
Clause, the terms of this Arbitration Clause shall control any and all Disputes between You and Us.
COPY OF ELECTRONIC ORIGINAL
Notwithstanding the foregoing, We retain the right to repossess the Vehicle upon Your default and to exercise any power of sale under this Contract. If any provision of this
Arbitration Clause other than the Class Action Waiver is invalid or unenforceable under the Federal Arbitration Act or any other applicable law, the invalid or unenforceable
provision shall be inapplicable and deemed omitted, but shall not invalidate the rest of this Arbitration Clause, and shall not diminish the parties’ obligation to arbitrate
Disputes subject to this Arbitration Clause. In the event that the Class Action Waiver is determined to be invalid or unenforceable, then, subject to the right to appeal such
a ruling, this entire Arbitration Clause (except for this sentence) shall be null and void.
Whoever first elects arbitration may choose to arbitrate under the rules and procedures of either JAMS or the American Arbitration Association; however in the event of a
conflict between these rules and procedures and the provisions of this Arbitration Clause, You and We agree that this Arbitration Clause governs for that specific conflict. You
may obtain the rules and procedures, information on fees and costs (including waiver of the fees), and other materials, and may file a claim by contacting the organization
of Your choice. The addresses and websites of the organizations are: JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com ; and American Arbitration
Association, 335 Madison Avenue, Floor 10, New York, New York 10017-4605, www.adr.org. If neither JAMS nor the American Arbitration Association is able or willing to
serve, and You and We can’t otherwise agree on a substitute administrator or arbitrator, then a court with appropriate jurisdiction shall appoint an arbitrator. We will consider
any good faith request You make to Us to pay the administrator’s or arbitrator’s filing, administrative, hearing and/or other fees if You cannot obtain a waiver of such fees
from the administrator and We will not seek or accept reimbursement of any such fees. We will bear the expense of our attorneys, experts and witnesses, except where
applicable law and this Contract allow Us to recover attorneys’ fees and/or court costs in a collection action We bring. You will bear the expense of Your attorneys, experts
and witnesses if We prevail in an arbitration. However, in an arbitration You commence, We will pay Your fees if You prevail or if We must bear such fees in order for this
Arbitration Clause to be enforced. Also, We will bear any fees if applicable law requires Us to. The arbitrator may decide that an in-person hearing is unnecessary and that
he or she can resolve the Dispute based on the papers submitted by You or Us and/or through a telephonic hearing. However, any arbitration hearing that You attend will
take place at a location that is reasonably convenient to You. Notice of the time, date and location shall be provided to You and Us under the rules and procedures of the
arbitration organization selected.
The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act, 9 U.S.C. §§ 1 et. Seq. (“FAA”). However, if the amount
of the Dispute exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $50,000,
any party can appeal the award to a three-arbitrator panel administered by the Administrator, which panel shall reconsider any aspect of the initial award requested by the
appealing party. The decision of the panel shall be by majority vote. Reference in this Arbitration Clause to “the arbitrator” shall mean the panel of arbitrators if an appeal
of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with the section of this Arbitration Clause that describes who will bear
the costs for the initial proceeding before a single arbitrator.
It is expressly agreed that this Contract evidences a transaction in interstate commerce. This Arbitration Clause is governed by the FAA and not by any state
arbitration law.
Inits
OHIO CREDIT ACCEPTANCE CORPORATION (11-16)
© 2012-2016 Credit Acceptance Corporation.
All Rights Reserved.
PAGE 5 of 5
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
Buyer’s Initials
__________
IS
Buyer’s Initials
__________
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
*C-0108342666-1*
0108342666-1
CREDIT ACCEPTANCE CORPORATION DISCLOSURE FORM
INDIA STRINGER
___________________________________
(Buyer)/ ___________________________________ (Co-Signer) (both hereinafter
referred to as “I”), are considering entering into a “Retail Installment Sales Contract” (hereinafter referred to as “Contract”) with
_________________________________________________________
(hereinafter referred to as “Car Dealership”). I have been given an
MCCLUSKEY CHEVROLET INC
opportunity to read both sides of the Contract, which has been completely filled in, and to ask all questions I may have concerning the terms
and conditions of the Contract. I understand that this Contract contains the entire agreement between I and Car Dealership and that the Car
Dealership will be assigning this Contract to Credit Acceptance Corporation ("Credit Acceptance"). I understand that any changes to this
Contract must be in writing and signed by I and Credit Acceptance. Oral changes are not binding.
I understand that the price of vehicle is the price which is set forth in the Contract and that I personally negotiated this price with the
Car Dealership. This “cash price” is the price that the Car Dealership would have charged had I purchased the vehicle with cash. I further
represent that the Car Dealership did not quote me a lower cash price for the vehicle and that the Car Dealership did not increase the price of
the vehicle because I was purchasing the vehicle on credit or because the Contract would be assigned to Credit Acceptance.
I understand that the Annual Percentage Rate (“APR”) is the rate set forth in the Contract and means the cost of my credit as a yearly
rate. I understand that the APR may be negotiable with the Car Dealership and represent I had the opportunity to negotiate the APR with the
Car Dealership.
I understand that Credit Acceptance will hold a lien on the vehicle I am purchasing. I understand that Credit Acceptance will be
servicing my account and that the assignment of the Contract to Credit Acceptance will not relieve me of any obligation under the Contract.
Unless I entered into a contract with a third party vendor to remit my payments under Contract to Credit Acceptance on my behalf, I understand
that Credit Acceptance will be sending me a payment book or statement that will be used by me to make my payments under the Contract to
Credit Acceptance.
I understand that Credit Acceptance and the Car Dealership have an agreement that provides that Credit Acceptance will pay the Car
Dealership a portion of the amount I actually owe under the Contract and that this amount is sometimes referred to as a “discount”. I
understand that the Car Dealership that sold me the vehicle may retain an interest in the payments I make to Credit Acceptance and after the
amounts initially paid to the Car Dealership by Credit Acceptance are recovered by Credit Acceptance, the Car Dealership may begin to receive
part of the money I pay on the Contract.
COPY OF ELECTRONIC ORIGINAL
I understand that the Car Dealership’s agreement with Credit Acceptance does not in any way affect the amount of my obligation
under the Contract as I purchased the subject vehicle on terms acceptable to me with full and complete knowledge that Credit Acceptance will
advance to the Car Dealership only a portion of the amount I have actually agreed to pay and that Credit Acceptance will retain the “discount”.
If the purchase price of the vehicle includes ancillary products, such as a service contract; extended warranty; GAP product; credit
life, accident and health insurance; collision insurance coverage, and/or other related goods and services, I understand that I am not required to
purchase these goods and services in order to buy the car on credit and that these goods and services were sold to me at the fair market retail
value and have not in any way been overstated or inflated and that these goods and services were sold to me at the same price as they would
have been sold by the Car Dealership in a cash transaction. I understand that the Car Dealership, Credit Acceptance or a subsidiary of Credit
Acceptance may receive a portion of the proceeds of the sale of these ancillary products as a commission, administrative fee reimbursement,
earned premium or fee.
I further acknowledge that if I enrolled in an electronic payment program where my payments are to be automatically withdrawn
from my bank account, that this program is optional and is not required in order to finance the purchase of the vehicle.
IeSigned
ACKNOWLEDGE
THAT I HAVE READ AND UNDERSTAND THIS DOCUMENT.
By:
India Stringer
Aug 29, 2020 4:55:11 PM EDT
BUYER: ________________________________
SIGNATURE
08/29/2020
DATED: ________________________________
CO-SIGNER: __________________________________
SIGNATURE
DATED: _______________________________________
CAR DEALERSHIP CERTIFICATION: Car Dealership hereby represents to Credit Acceptance that it has explained the information in this
document to the Buyer and Co-Signer and that it has no knowledge, information or belief that would cause the Car Dealership to believe that
any of the representations of Buyer set forth herein are inaccurate or incomplete in any respect.
CAR DEALERSHIP: MCCLUSKEY CHEVROLET INC
eSigned By:
BY:
ITS:
Gary Freese
Aug 29, 2020 4:56:33 PM EDT
AGENT
08/29/2020
DATED: ________________________________________________________________
© 2008 Credit Acceptance Corporation (8/18/08). All Rights Reserved
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
WYNN’S EXTENDED CARE, INC.*
6303 Blue Lagoon Dr., Suite 225, Miami, FL 33126
*Not affiliated with Wynn Oil Company
CONTRACT NO: CAP 10002269537
WYNN’S PLUS+
VEHICLE SERVICE CONTRACT/APPLICATION
*C-0108344669-1*
0108344669-1
This document is an Application for a vehicle service contract. If this Application is accepted by Us, then it will become Your Contract.
THE PURCHASE OF THIS CONTRACT IS NOT REQUIRED EITHER TO PURCHASE OR TO OBTAIN FINANCING FOR A MOTOR VEHICLE.
SELLING DEALER
Dealer Name
CUSTOMER INFORMATION
Customer Name (Contract Holder)
INDIA STRINGER
Address
MCCLUSKEY CHEVROLET INC
900 RUE DE LA PAIX, Apt. # 1110
City
Telephone
State
513-212-7732
VEHICLE INFORMATION
Vehicle Identification Number (VIN)
Year
Make
1C3CDFBB8GD661124
2016
Dodge
CONTRACT INFORMATION
COVERAGE
[
Email Address
OH
CINCINNATI
Zip
45220
indiastrngr@live.com
Model
Dart
Lienholder - Credit Acceptance Corporation
Wynn’s Plus+ Deluxe
(This Contract Must Be Purchased On Date Of Vehicle Sale.)
] Extended Coverage (In-Service Date Required)
Address
435 E GALBRAITH ROAD
City
Telephone
State
Dealer Account Number
CINCINNATI
OH
513-761-1111
Zip
45215
F81
Current Odometer Reading
Vehicle Purchase Price $
CA Approval #
100036800
DEDUCTIBLE
139,522 Miles
10,723.00
Contract Price $
TERM
$0.00
[
] Standard Coverage
1,560.00
Months:
Miles:
24
24,000
(Whichever Occurs First.)
Extended Coverage begins on the date that the Manufacturer’s Warranty Standard Coverage begins on the Contract Purchase Date and ends with
expires, and ends with the passing of the “Term” listed herein.
the passing of the “Term” listed herein.
Manufacturer’s Warranty In-Service Date:
Note On All Coverages:
Manufacturer’s Warranty Expiration Date:
, or Seals and Gaskets and High-Tech Coverage is included on Vehicles with
100,000 miles or less on the odometer on the Contract Purchase Date.
Manufacturer’s Warranty Expiration Miles:
COPY OF ELECTRONIC ORIGINAL
OPTIONAL COVERAGE (Available for both Extended and Standard Coverage)
Optional Coverage is only available during the Coverage Period, as further
Emergency Roadside Assistance [ ] Accept [ ] Decline
described in “Section 3. Coverage Period” below. Note, for Extended
Emergency Roadside Assistance Charge $ 96.00
Coverage Contracts, this optional coverage is not effective until the
(Included in the Contract Price shown above.)
expiration of the Manufacturer’s Warranty.
This Applies To The State Of Washington Only.
THAT THE IMPLIED WARRANTY OF MERCHANTABILITY ON THE MOTOR VEHICLE IS NOT WAIVED IF THE CONTRACT HAS BEEN
PURCHASED WITHIN NINETY (90) DAYS OF THE PURCHASE DATE OF THE MOTOR VEHICLE FROM A PROVIDER WHO ALSO SOLD THE
MOTOR VEHICLE COVERED BY THE CONTRACT. INITIALS
CONTRACT OBLIGOR (OUR, US, or WE): ADMINISTRATOR
I hereby agree to and acknowledge the terms and conditions of this Contract, including but not limited to the maintenance schedule, the
claim process, the coverage provided, the time and mileage limitations, the exclusions of coverage, the cancellations provisions of this
Contract, the “Dispute Resolution” section including the arbitration provision, the “10. Other Important Contract Provisions/ Limitations”
section, and have read and understood said provisions, which are incorporated herein by reference. It is understood that the purchase
of this Vehicle Service Contract is NOT a requirement to purchase or obtain financing. I understand that the above information may be
subject to verification and that this Application may be rejected if any of the above information is incorrect or if the above Vehicle is not
eligible for the term or coverage written as determined by the Administrator in its sole discretion. For residents of the State of Arizona,
this Service Contract Agreement shall be effective from the date of Sale of the agreement and the agreement is additionally subject to all
the provisions of Arizona Administrative Code rule number R20-6-407(E)(4).
Gary Freese
India Stringer
eSigned By:
eSigned By:
CUSTOMER NAME (CONTRACT HOLDER’S) SIGNATURE
Aug 29, 2020 4:55:31 PM EDT
Purchase Date:
08/29/2020
AUTHORIZED REPRESENTATIVE OF SELLING DEALER
Aug 29, 2020 4:56:49 PM EDT
Date:
08/29/2020
THIS SERVICE CONTRACT IS INSURED FOR ITS LIABILITY UNDER A SERVICE CONTRACT REIMBURSEMENT INSURANCE POLICY ISSUED
BY NATIONAL CASUALTY COMPANY, A MEMBER COMPANY OF THE Nationwide® Insurance group. IF WE DO NOT SETTLE YOUR CLAIM(S),
AS ADMINISTRATOR WITHIN SIXTY (60) DAYS (THIRTY (30) DAYS IN ARIZONA) OF OUR RECEIPT OF YOUR PROOF OF LOSS, YOU MAY
MAKE A CLAIM DIRECTLY AGAINST: NATIONAL CASUALTY COMPANY, P.O. BOX 4110, SCOTTSDALE, AZ 85261-4110, (800) 423-7675.
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
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The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
Item No. 9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
Protection under this Contract is the primary responsibility of NATIONAL
CASUALTY COMPANY.
We agree that in return for an administrative fee paid by You, this Contract
will be administered on Your behalf. Please refer to the “4. YOUR
OBLIGATIONS” section below.
1. DEFINITIONS
• Administrator, Our, Us, and We means Wynn’s Extended Care, Inc.*
• Application means this Application for a Contract.
• Breakdown means the total failure of any Covered Part to perform its
function due solely to defect in workmanship or material.
• Contract means this Application once it is accepted by Administrator
(if at all). For Contract Holders in the state of Washington, Service
Contract means a Contract or agreement for consideration over and
above the lease or purchase price of the Motor Vehicle for a specific
duration of time and/or mileage to perform the repair or replacement for
Breakdowns due to a defect in materials or workmanship, or normal wear
and tear and may provide incidental payment of indemnity under limited
circumstances including towing, services, or other expenses relating to the
failure of the Motor Vehicle or of a component part thereof.
• Contract Holder and Service Contract Holder means the person who is
the purchaser or holder of a Service Contract.
• Contract Price means the price of this Contract as specified on Page 1
of this Contract, which includes the charge for any optional coverage. For
Contract Holders in the state of Washington, Provider Fee means the
price a consumer paid for a Service Contract.
2. TERMS AND CONDITIONS
This Contract is subject to the following terms, conditions, limitations, and
exclusions. No party has the right to change this Contract or to waive any
of the terms and conditions herein except, however, Administrator may in
its sole discretion modify the type of coverage between Extended and
Standard, as identified on Page 1 in the “Coverage/Term”, based upon
Vehicle eligibility. This Contract is for the sole benefit of the Contract
Holder as identified on Page 1 in the “Customer Information” section of this
Contract and applies only to the Vehicle as identified in the “Vehicle
Information” section on Page 1.
3. COVERAGE PERIOD
Application Acceptance: This document is an Application for coverage
under a vehicle service contract. Upon acceptance by the Administrator,
this Contract/Application will become Your Contract. In the event that
Your Application is not accepted, You will receive a refund of the Contract
Price of this Contact. A Contract must be purchased on the Vehicle
purchase date. Your coverage becomes effective as follows:
The type of coverage as identified on Page 1 in the “Coverage/Term” section
are described below. Administrator reserves the right to change the type
of coverage based upon Vehicle eligibility. Any such changes will be at no
additional charge to You.
• Extended Coverage
This coverage is only available for vehicles with Manufacturer’s
Warranty remaining on the Contract Purchase Date. Until the
expiration of the Manufacturer’s Warranty, there is no coverage under
this Contract. Coverage under this Contract begins on the day the
Manufacturer’s Warranty expires by either time or miles. Coverage
under this Contract expires upon the passing of the number of months
or miles, whichever occurs first, as specified in the “Coverage/Term”
section on Page 1.
• Contract Purchase Date means the date You purchased this Contract.
• Contract Obligor means the Administrator.
• Coverage Period means the period of time and miles during which this
Contract is effective and provides benefits, as specified in the
“3. COVERAGE PERIOD” section below.
Based on information available to Us, the Manufacturer’s Warranty
will expire upon the passing of the date or miles, whichever occurs first,
as specified in the “Coverage/Term” section on Page 1. We will use that
date and those miles to process claims and cancellations under this
Contract. However, if You are able to provide reasonable proof to Us
that the actual expiration of the Manufacturer’s Warranty is different
from the date or miles specified in the “Coverage/Term” section on
Page 1, and that claimed expiration is confirmed by Us, then that
revised expiration will be used to determine the beginning of coverage
and to process claims and cancellations under this Contract.
• Covered Breakdown means a Breakdown that is covered by this
Contract, as specified in the “5. OUR OBLIGATIONS” below.
• Covered Part means an item listed as a Covered Part in the
“6. COVERED PARTS” section on Page 3.
• Covered Repair means a repair to a Covered Part approved by the
Administrator.
• Deductible means the Deductible shown on Page 1 of this Contract.
• Installment Contract means the agreement You sign with the Selling
Dealer whereby You agree to buy the Vehicle on credit.
COPY OF ELECTRONIC ORIGINAL
Call the Administrator toll-free at (800) 901-6182 if You have questions
regarding the beginning or expiration of coverage.
• Lienholder means the entity to whom the Selling Dealer assigns an
Installment Contract as identified on Page 1 of this Contract.
• Standard Coverage
Upon acceptance by Administrator, coverage begins on the Contract
Purchase Date and at the mileage on the Vehicle’s odometer as of
the Contract Purchase Date. Coverage expires upon the passing of
the number of months or miles, whichever occurs first, as specified in
the “Coverage/Term” section on Page 1.
• Limits of Liability has the meaning given to such term in the “10. OTHER
IMPORTANT CONTRACT PROVISIONS/LIMITATIONS - LIMITS OF
OUR LIABILITY” on Page 5.
• Lubricated Part means a part that requires lubrication to perform its
function.
• Manufacturer’s Warranty means the basic “bumper-to-bumper” limited
warranty provided by the Vehicle Manufacturer to repair Your Vehicle.
• Manufacturer’s Warranty In-Service Date” means the Manufacturer’s
Warranty start date.
• Motor Vehicle for Contract Holders in the state of Washington means a
Vehicle subject to registration under chapter 46.16 RCW.
4. YOUR OBLIGATIONS
1. In order for this Contract to remain in force, You must:
• Selling Dealer means the automobile dealer identified on Page 1 of this
Contract.
• Service Contract Provider for Contract Holders in the state of
Washington, means a person who is contractually obligated to the Service
Contract Holder under the terms of the Contract is the Administrator,
Wynn’s Extended Care, Inc.*, 6303 Blue Lagoon Drive, Suite 225, Miami,
FL 33126; (800) 901-6182.
• Vehicle means the Vehicle covered by this Contract, as identified in the
“Vehicle Information” section on Page 1 of this Contract.
• Vehicle Manufacturer means the manufacturer of the Vehicle.
• You, Your, Yours and I means the customer identified in the “Customer
Information” section on Page 1 of this Contract.
• Change the oil and oil filter in the Vehicle at least every six (6) months
or 5,000 miles, whichever comes first, or at the intervals specified by
the Vehicle Manufacturer;
• Replace the timing belt in the Vehicle at the intervals specified by the
Vehicle Manufacturer;
• Perform all other maintenance and servicing of the Vehicle as
recommended by the Vehicle Manufacturer; and
• Keep and make available to Administrator upon request, verified
signed repair orders issued by a repair facility performing the above
required maintenance and servicing that show that the above required
maintenance and servicing were performed on a timely basis. Each
repair order must contain the then-current date, then-current odometer
reading, and a detailed list of each and every service performed on the
Vehicle and the parts replaced.
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
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The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
2. In order for a claim payment to be made under this Contract, You must
take the Vehicle to any licensed repair facility and abide by the following:
You must advise the repair facility that You have this Contract and have
them call (800) 901-6182 to obtain an authorization number from the
Administrator prior to beginning any repair(s) to a Covered Part.
• Emergency Roadside Assistance (Additional Charge Required)
Emergency Roadside Assistance Benefits are only available under this
Contact when the option is accepted on Page 1 and the charge for
such coverage has been included in the Contract Price. Emergency
Roadside Assistance terms and conditions are set forth on Page 7 of
this Contact.
• You are responsible for authorizing and paying for any teardown costs
and diagnostic time to determine if the Vehicle has a Covered
Breakdown. If Administrator determines that there is a Covered
Breakdown, then We will pay for the reasonable cost of the teardown
and diagnostic time as part of the Covered Repair.
Subject to the terms and conditions of this Contract, We will pay or
reimburse You for the reasonable costs to repair or replace any or all of the
following listed Covered Parts (for the coverage specified below that You
have purchased) that fail as the result of a Covered Breakdown, subject to
the exclusions listed in the “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER“ section below. For convenience, the Covered Parts
are listed next to the vehicle systems to which they relate. The vehicle
systems listed are not Covered Parts.
• Once Your claim has been authorized, You will be responsible for the
Deductible as stated in the “Customer Information” section on Page 1
for each visit to the repair facility.
• Upon completion of a Covered Repair payment can be made directly
to the repair facility or You can send all repair documentation requested
by Administrator to the following address:
WYNN’S EXTENDED CARE, INC.*
6303 Blue Lagoon Dr., Suite 225, Miami, FL 33126
To make a claim, call the Administrator toll-free at (800) 901-6182
Claims Department hours are
Monday through Friday, 8 a.m. to 7 p.m., EST
CLAIMS MUST BE SUBMITTED WITHIN 180 DAYS FROM
AUTHORIZATION TO QUALIFY FOR REIMBURSEMENT
5. OUR OBLIGATIONS
A. Covered Breakdown (Deductible Applies). If a Covered Part has a
Breakdown during the term of this Contract, We will pay You or the
repair facility, less the Deductible, up to the Limits of Liability, for the
repair or replacement, as the Administrator deems appropriate, of the
Covered Part(s) that caused the Breakdown, but only if:
• You have met Your obligations as described in this Contract; and
• The Breakdown is not one of the excluded Breakdowns listed under
the heading “7. EXCLUSIONS - WHAT THIS CONTRACT DOES NOT
COVER” on Page 3 of this Contract.
Replacement parts can be of like kind and quality. They may include
new, remanufactured or used parts as determined by the
Administrator. The use of non-original manufacturer’s parts is
permitted.
Administrator reserves the right to inspect any Vehicle prior to
authorization of a claim.
6. COVERED PARTS
WYNN’S PLUS+ DELUXE COVERAGE
1. Engine - All internal Lubricated Parts, Camshaft; Cylinder Block;
Cylinder Head(s); Cylinder Sleeves; Engine Mounts; Harmonic Balancer;
Head Gasket; Intake and Exhaust Manifolds; Oil Pan; Supercharger;
Thermostat; Timing Belt; Timing Belt Tensioner; Timing Cover; Timing
Gear, Chain and Bolt; Turbocharger; Valve Covers and Valve Seats.
2. Transmission - Transmission Case and all internal Lubricated Parts;
Automatic Transmission Dry Clutch Assembly; Bell Housing; Flex Plate;
Oil Pump Housing; Throttle Valve; Torque Converter Transmission
Mounts; and Vacuum Modulator.
3. Drive Axle(s) - Drive Axle Housing and all internal Lubricated Parts;
Drive Shafts; Universal Joints; and Constant Velocity Joint (unless failure
was caused by neglected, torn, cracked, or perforated Constant Velocity
Joint Boot).
4. Transfer Case - Transfer Case and all internal Lubricated Parts.
5. Steering - Steering Gear Box or Rack and all internal Lubricated Parts;
Center Link; Draglink; Electric Power Steering Pump; Electric Steering
Gear; Electric Steering Motor; Electric Rack and Pinion; Idler Arm;
Pitman Arm; Power Steering Pump; Steering Column Shaft; Steering
Column Shaft Couplings; and Tie Rod Ends.
6. Electrical - Alternator; Ignition Coil; Ignition Module; Starter Motor;
Starter Solenoid; Voltage Regulator; and Windshield Wiper Motors.
7. Air Conditioner - Blower Motor; Compressor; Compressor Clutch;
Condenser; Evaporator; and Pulley; Receiver/Dryer; Tensioner Pulley
and Bearing; (Only if the Air Conditioner is factory or dealer installed
equipment).
8. Suspension - Bearings and Bushings; Control Arms; Control Arm
Shafts; Radius Arm; Radius Arm Bushing; Spindle; Spring Seat and
Bushing; Stabilizer Bar; Stabilizer Bushing; Stabilizer Link; Strut Bar and
Bushings; Suspension Strut(s); Torsion Bars; Torsion Bar Bushings;
Track Bar Bushings; and Wheel Bearings.
9. Cooling - Engine Cooling Fan Motor; Radiator; Radiator Fan and Fan
Clutch; and Water Pump.
10. Fuel - Fuel Delivery Pump; Fuel Injectors; Fuel Tank and Throttle Body.
11. Brake - Standard and ABS Brake System Master Cylinder; ABS
Accumulator; ABS Control Module; ABS Motor; ABS Pump; ABS
Reservoir and ABS Wheel Speed Sensors; Combo Valve; Compensating
Valve; Disc Brake Calipers; Hydraulic Lines; Hydraulic Line Fittings;
Hydraulic Motor Assembly; Hydraulic Pump Assembly; Power Brake
Cylinder; Vacuum Assist Booster; Vacuum Brake Booster Pump; and
Wheel Cylinders.
12. Seals and Gaskets - Leaking Seals and Gaskets on any Covered Part
listed above; provided that the Vehicle has 100,000 odometer miles or
less on the Contract Purchase Date. Minor loss of fluid or seepage is
considered normal and is not considered a Covered Breakdown.
13. High-Tech Coverage is included on Vehicles with 100,000 odometer
miles or less on Contract Purchase Date. Body Control Module (BCM);
Camshaft Position Sensor; Control Dash Power Supply; Convertible Top
Motor; Coolant Temperature Sensor; Crankshaft Angle Sensors; Cruise
Control Module and Servo/Transducer; Driver Information Gauge
Indicators relating to the operation of the Vehicle (Burned Out
Lights/Lamps are not covered); Engine Control Module (E.C.M); Fuel
Gauge; Fuel Pressure Regulator; Fuel Sending Unit; Idle Speed Motor;
Manifold Pressure Sensors; Manifold Temperature Sensors; Mass Air
Flow Sensor; Metal Fuel Delivery Lines; Oxygen Sensor; Power Antenna
Motor; Power Door Lock Actuator; Power Seat Motor; Power Window
Motors; Primary Fuel Injection Computer; Sunroof Motor; Temperature
Control Programmer; Throttle Position Sensor; and Vehicle Speed
Sensor.
COPY OF ELECTRONIC ORIGINAL
B. Additional Benefits (No Deductible Applies)
These benefits are only available during the Coverage Period of the
Contract.
Note - Extended Coverage Only: Rental Car, Towing, and Emergency
Roadside Assistance (if selected and the charge paid) will become
effective upon the expiration of Your Vehicle’s Manufacturer’s
Warranty.
• Rental Car
We will reimburse You for a rental car at a rate of up to thirty dollars
($30.00) for every eight (8) hours of labor time required to complete a
Covered Repair, up to a maximum of one hundred fifty ($150.00)
dollars per Covered Breakdown. If there is a verifiable delay in
obtaining a part needed to complete a Covered Repair, We will
reimburse You for a rental car for up to an additional two (2) days.
Labor time required is determined from the national repair manual in
use by the repair facility. You must provide the Administrator with a
valid receipt from a licensed rental agency to obtain reimbursement for
a rental car.
• Towing.
We will reimburse You for towing if the Vehicle is disabled due to
Covered Breakdown, up to a maximum of fifty dollars ($50.00) per
occurrence. You must provide the Administrator with a valid receipt
to obtain reimbursement for towing.
C. Optional Coverage (No Deductible Applies)
This coverage is only available during the Coverage Period of the
Contract.
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
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The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
Covered Parts include fluids when required as part of the repair or
replacement of another Covered Part.
a Covered Part), all hoses and belts that are not specifically
listed under “6. COVERED PARTS,” wiper blades, brake pads
and shoes, brake rotors and drums, suspension alignment,
tires, wheel balancing, shock absorbers, exhaust system,
manual transmission friction clutch disc and pressure plate, and
manual transmission clutch throw out bearing.
23. Glass, glass framework and fastening adhesives, sealed beam
headlamps, light bulbs, lenses, trim, moldings, bright metal,
upholstery and carpeting, paint, sheet metal, body panels,
structural framework and structural welds.
24. Aftermarket
accessories
or
non-original
equipment,
components and systems not installed by the Vehicle
Manufacturer, including, without limitation, anti-theft systems,
radio/speaker equipment, telephones, cruise control and
sunroof.
25. GPS navigation systems and TV/Video/Entertainment Systems.
26. Damage to a Covered Part caused by a part that is not a Covered
Part.
27. Repairs performed without Our prior authorization.
28. Alternative fuel, Electric, or Hybrid vehicle specific parts,
components, or systems, as identified in the Manufacturer’s
Warranty, including but not limited to batteries and battery
packs.
7. EXCLUSIONS - WHAT THIS CONTRACT DOES NOT COVER
A. This Contract provides no benefits or coverage and We have no
obligation under this Contract for:
1. A Breakdown caused by lack of customary, proper or Vehicle
Manufacturer’s specified maintenance.
2. A Breakdown caused by contamination of or lack of proper fuels,
fluids, coolants or lubricants, including a Breakdown caused by
a failure to replace seals or gaskets in a timely manner.
3. A Breakdown caused by towing a trailer, another vehicle or any
other object unless Your Vehicle is equipped for this use as
recommended by the Vehicle Manufacturer.
4. Repair of any parts in connection with a Covered Repair when
those parts are not necessary for the completion of the Covered
Repair or were not damaged by the failure of a Covered Part.
Such repair or replacement is an improvement to Your Vehicle
and is not covered by this Contract.
5. Pre-existing damage or a Breakdown that occurred
before Your purchase of this Contract, either of
which would have been obvious and apparent if
that component was inspected at time of purchase.
6. A Breakdown caused by or involving modifications or additions
to Your Vehicle unless those modifications or additions were
performed or recommended by the Vehicle Manufacturer.
7. A Breakdown caused by off-roading, misuse, abuse, racing or
any form of competition.
8. Any cost covered by a repair facility’s or part supplier’s
guarantee, or any cost which would normally be covered by a
Manufacturer’s Warranty or a dealer warranty required under
state law, whether or not such warranty is in force respecting
Your Vehicle.
9. Costs or other damages caused by the failure of a part listed in
this Contract as an excluded part.
10. Damage to the Vehicle caused by continued Vehicle operation
after the Breakdown of a Covered Part.
11. Any liability, cost or damages You incur or may incur to any third
parties, other than for Covered Parts.
12. A Breakdown caused by overheating, rust or corrosion.
13. A Breakdown caused by collision, fire, electrical fire or
meltdown, theft, freezing, vandalism, riot, explosion, lightning,
earthquake, windstorm, hail, water, flood, acts of public enemy
or any government authority, or for any hazard insurable under
standard physical damage insurance policies whether or not
such insurance is in force respecting Your Vehicle.
14. A Breakdown not occurring in the continental United States,
Alaska, Hawaii or Canada.
15. Loss of use, loss of time, lost profits or savings, inconvenience,
commercial loss, or other incidental or consequential damages
or loss that results from a Breakdown, including damage to a
non-covered part.
16. Liability for damage to property, or for injury to or death of any
person arising out of the operation, maintenance or use of Your
Vehicle whether or not related to a Breakdown.
17. Any cost or other benefit for which the Vehicle Manufacturer has
announced its responsibility through any means including
public recalls or factory service bulletins.
18. Any part not covered or excluded by the original Manufacturer’s
Warranty.
19. Loss of compression through gradual failure of rings and
valves.
20. A gradual reduction in performance capability due to day-to-day
routine operation.
21. The maintenance services and parts described in paragraph 1
under “4. YOUR OBLIGATIONS” on Page 2 or in the Vehicle
Manufacturer’s maintenance schedule for Your Vehicle.
22. Other normal maintenance services and parts, including,
without limitation, engine tune-up, spark plugs, ignition wires,
distributor cap and rotor, carburetor, EGR valve, batteries,
filters, lubricants or fluids, air conditioning refrigerant or engine
coolant (except when such lubricants, fluids, refrigerant or
coolant must be replaced as part of the repair or replacement of
B. In addition, this Contract provides no benefits or coverage and We
have no obligation under this Contract if:
1. The Vehicle odometer fails, or for any reason does not record
the actual mileage of Your Vehicle after the Contract Purchase
Date, and You do not have it repaired and the mileage certified
within thirty (30) days of failure date.
2. Your Vehicle is used for business, deliveries, construction or
commercial hauling, or as a postal vehicle, taxi, ride-sharing
vehicle, police car or other emergency vehicle.
3. You rent Your Vehicle to someone else.
4. Your Vehicle is equipped with a snowplow or used to plow snow.
5. You are using or have used Your Vehicle in a manner that is not
recommended by the Vehicle Manufacturer.
6. Your Vehicle is modified from the Vehicle Manufacturer’s original
specifications.
7. Your Vehicle is equipped to use fuel other than gasoline or
diesel.
8. The Vehicle has a salvage title or is a grey market vehicle.
8. TRANSFER OF COVERAGE
COPY OF ELECTRONIC ORIGINAL
How Coverage May Be Transferred
This Contract covers the original Contract Holder and is transferable to a
subsequent Vehicle owner if You sell the Vehicle, but only if:
1. You are the first holder of this Contract;
2. The Vehicle is sold to a private purchaser of the Vehicle. (Transfer
rights are voided when the Vehicle is sold, traded, or put on
consignment to an individual or entity engaged in the wholesale or
retail sale, leasing or rental of vehicles.);
3. Administrator receives from You the complete Transfer Information
section (see below) within thirty (30) days after the date You sell the
Vehicle;
4. You pay Administrator a fifty dollar ($50.00) transfer fee; and
5. You provide the new owner with copies of all Vehicle maintenance
and service records required by this Contract. (Refer to the 4. YOUR
OBLIGATIONS section on Page 2.)
The transfer will be effective when You receive a transfer confirmation letter
from Administrator. If the purchase of the Vehicle was financed and the
Vehicle is a total loss or is repossessed, Your rights and obligations under
this Contract immediately and automatically transfer to the Lienholder.
TRANSFER INFORMATION
To transfer this Contract, You must contact Administrator and submit the
following:
1. A letter requesting We transfer the Contract to the new owner.
2. A fifty dollar ($50.00) check or money order payable to Wynn’s
Extended Care, Inc.
3. Documentation verifying a change of ownership of the Vehicle,
including the following: Name of the New Owner; Address; City, State,
Zip; Date of Transfer; Odometer Mileage on Date of Transfer;
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
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The original retail installment contract is assigned to Credit Acceptance Corporation.
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10. OTHER IMPORTANT CONTRACT PROVISIONS/LIMITATIONS
Signature of New Owner; and Signature of Vehicle Seller.
4. A photocopy of the front of the Contract.
5. Submit all of the above stated information to:
Wynn’s Extended Care, Inc.*
6303 Blue Lagoon Drive, Suite 225, Miami, FL 33126
9. CANCELLATION OF THIS CONTRACT
By You
You may cancel this Contract by contacting the Administrator or
Lienholder.
By Us
We reserve the right to cancel this Contract and will not pay for a Covered
Breakdown if:
• The Vehicle odometer fails, or for any reason does not record the actual
mileage of Your Vehicle after the Contract Purchase Date and You do
not have it repaired and the mileage certified within thirty (30) days of
failure date.
• Your Vehicle is used for business, deliveries, construction or commercial
hauling, or as a postal vehicle, taxi, ride-sharing vehicle, police car or
other emergency vehicle.
• You rent Your Vehicle to someone else.
• Your Vehicle is equipped with a snowplow or used to plow snow.
• You are using or have used Your Vehicle in a manner that is not
recommended by the Vehicle Manufacturer.
• Your Vehicle is modified from the Vehicle Manufacturer’s original
specifications.
• The Vehicle has a salvage title or is a grey market vehicle.
By the Lienholder
You understand and acknowledge that the Lienholder (if any) has the right
to cancel this Contract if the Vehicle is repossessed or destroyed or You
are otherwise in default of Your obligations to repay the amount financed
by the Lienholder.
Refunds and Charges
You may cancel this Contract by providing verbal or written notice to the
Lienholder or to Us. If the Contract Price was financed, any and all refunds
will be paid to the Lienholder. Your cancellation notice must be
accompanied by the then current Vehicle mileage.
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
Limits Of Our Liability
The Limit of Our Liability for any Covered Breakdown or series of
Covered Breakdowns related in time or cause shall not exceed the actual
cash value of Your Vehicle at the time of Covered Breakdown as
determined by the Administrator in its sole discretion in accordance with
the then current National Auto Dealers Association (NADA) Appraisal Guide
Trade in Price. The Limit of Our Liability for all Covered Breakdowns
occurring during the term of this Contract is the amount of the Vehicle
purchase price. These limits are referred to in this Contract as Limits of
Liability.
Our Rights Against Others
If You receive any benefits under this Contract, We will be entitled to all
Your rights of recovery against any manufacturer, repairer or other party
who may be responsible to You for the costs covered by this Contract or
for any other payment made by Us. If We ask, You agree to help Us enforce
these rights. You also agree to cooperate and help Us in any other matter
concerning this Contract.
Entire Agreement
This Contract contains the entire agreement between You and Us and
supersedes any and all prior and contemporaneous agreements (both
written and verbal) between You and Us concerning the subject matter of
this Contract. This Contract is not valid unless signed by both You and an
authorized representative of the Selling Dealer.
When This Contract Will End
This Contract will terminate when:
• Your Vehicle exceeds the Term specified in the “Coverage/Term” section
on Page 1.
• You sell Your Vehicle unless this Contract is properly transferred as
provided in the section of this Contract entitled “8. TRANSFER OF
COVERAGE”; or
• This Contract is cancelled as outlined in the “9. CANCELLATION OF
THIS CONTRACT” section on Page 4 of this Contract.
Severability
If one or more of the provisions of this Contract are held to be invalid by a
court of competent jurisdiction, then such provision or provisions shall be
severed herefrom and shall be inoperable with no effect upon the validity of
the remaining provisions hereof, and the remaining provisions hereof will
continue in full force and effect for all purposes.
DISPUTE RESOLUTION
1. ARBITRATION. READ THIS ARBITRATION PROVISION CAREFULLY,
AS IT INVOLVES THE WAIVER OF RIGHTS TO ACCESS AND
MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES,
SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING.
SPECIFICALLY, INSTEAD OF SUING IN COURT, DISPUTES ARE
RESOLVED THROUGH AN ARBITRATION PROCESS WHERE THE
RULES ARE DIFFERENT, AND NEITHER YOU NOR US WILL HAVE
THE RIGHT TO ACCESS A JUDGE OR JURY, OR PARTICIPATE AS
ANY MEMBER OF A CLASS, AND JUDICIAL REVIEW AND CERTAIN
LEGAL RIGHTS, ALONG WITH DAMAGES, MAY BE LIMITED.
COPY OF ELECTRONIC ORIGINAL
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of the
Manufacturer’s Warranty, You will be entitled to a full refund of the
Contract Price less a fifty dollar ($50.00) cancellation fee.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a prorated refund of
the Contract Price based on the greater of the number of days the
Contract was in force or the miles driven compared to the total time or
mileage specified under the “Coverage/Term” section on Page 1 of this
Contract, less a fifty dollar ($50.00) cancellation fee.
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to Administrator
or if We cancel the Contract within the first thirty (30) days after the
Contract Purchase Date, You will be entitled to a full refund of the
Contract Price. If You or the Lienholder provide notice of cancellation
of the Contract or if We cancel the Contract after the first thirty (30) days
from the Contract Purchase Date, You will be entitled to a prorated
refund of the Contract Price based on the greater of the number of days
the Contract was in force or the miles driven compared to the total time
or mileage specified under the “Coverage/Term” section on Page 1 of this
Contract, less a fifty dollar ($50.00) cancellation fee.
If a dispute between You and Us arises under the Contract which cannot
be resolved amicably by You and Us through reasonable cooperation,
upon election of either Party, any and all unresolved claims,
counterclaims, disputes or controversies of any nature whatsoever
(whether in tort, contract or otherwise) and including statutory law
(including any and all so called consumer fraud and protection statutes),
common law, fraud (whether based on misrepresentation or omission)
or other intentional tort, property or equitable claims arising out of,
relating to, under or in connection with this Contract (or the
dissemination, display, offer, purchase or sale thereof), or the validity,
scope, interpretation and enforcement of any provision of this Contract
(Dispute), shall be settled exclusively through confidential binding
arbitration in accordance with the provisions hereunder and the then in
effect Expedited Procedures of either (i) the American Arbitration
Association’s (AAA) Commercial Arbitration Rules (the AAA Rules) or (ii)
the JAMS Comprehensive Arbitration Rules (the JAMS Rules), as elected
by whoever first files an action, unless You and Us agree otherwise in a
writing signed by both. The arbitration shall be conducted before one (1)
arbitrator selected in accordance with either the AAA Rules or the JAMS
Rules. The provisions in this Contract shall govern and control over any
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
5 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
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inconsistency or conflict between them and either the AAA Rules or the
JAMS Rules. The addresses and websites of the relevant arbitration
organizations are: (i) AAA, 335 Madison Ave., Floor 10, New York, New
York 10017-4605, www.adr.org; and (ii) JAMS, 1920 Main Street, Suite
300, Irvine, CA 92614, www.jamsadr.com. If neither AAA nor JAMS is
able or willing to serve, and You and Us cannot otherwise agree on a
substitute administrator or arbitrator, then a court of competent
jurisdiction shall appoint an arbitrator. We will consider any good faith
request You make to Us to pay the arbitrator’s filing, administrative,
hearing and/or other fees if You cannot obtain a waiver of such fees from
the arbitrator and, if granted in Our sole discretion, We will not seek or
accept reimbursement of any such fees. We will bear any fees and costs
required of Us under applicable law.
Notwithstanding the foregoing and without modifying anything herein,
this agreement is not intended to and shall not alter, amend or supersede
the agreement to arbitration in the Installment Contract. In the event
that a dispute arises under the Contract between You, on the one hand,
and the Lienholder and Us, on the other hand, whether or not the
Lienholder or We are named as a party upon commencement of any
proceedings or by joinder thereafter, the arbitration provision contained
in the Installment Contract shall govern the resolution of such dispute.
For purposes of clarification, any dispute under this Contract solely
between You and Us shall be governed by the arbitration provisions in
this Contract, and any dispute under this Contract that involves the
Lienholder shall be governed by the arbitration provisions in the
Installment Contract.
a. Governing Law; Venue; Decision. The arbitration provisions in this
Contract shall be governed by the Federal Arbitration Act, 9 U.S.C.
§§1 et seq. (the FAA) and not by any state arbitration law, and it is
expressly agreed that this Contract evidences a transaction in
interstate commerce. The interpretation and enforcement of the
substantive provisions of this Contract and the resolution of any
Dispute shall be governed by the law of the state in which You
purchased this Contract. The applicable rules of evidence shall be
the U.S. Federal Rules of Evidence. All statutes of limitation that
otherwise would apply to an action brought in court will apply in
arbitration. The arbitrator shall be authorized to award all remedies
permitted by the substantive law that would apply if the action were
pending in court. Any arbitral award may be entered and enforced by
any court of competent jurisdiction. The arbitration shall take place
Miami-Dade County, Florida, or in the state and county in which this
Contract was executed by You, unless You and Us otherwise agree
in a writing signed by both. You and Us consent to the personal
jurisdiction of and laying of venue before any court located in the state
in which the arbitration is held, for purposes of enforcement of any
arbitral award. The arbitrator may decide that an in-person hearing
is unnecessary and that the arbitrator can resolve a Dispute based
on the papers submitted by You and Us and/or through a telephonic
hearing. However, any arbitration hearing that You attend will take
place at a location that is reasonably convenient to You, and notice
of the time, date and location thereof shall be provided to You and
Us under the applicable arbitration rules. The arbitrator’s decision is
final and binding, except for any right of appeal provided by the FAA.
However, if the amount in controversy in a Dispute exceeds $50,000
or involves a request for injunctive or declaratory relief where it is
foreseeable to involve a cost or benefit to either You or Us exceeding
$50,000, then either You or Us may appeal the award to a panel
consisting of three arbitrators and administered by either AAA or
JAMS, as the case may be, which panel shall reconsider any aspect
of the initial award as requested by You or Us, and the decision of
such panel shall be by majority vote, final and binding except for any
right of appeal provided by the FAA. All references to arbitrator herein
shall, in such instance, mean to apply to such panel of arbitrators.
The costs of such appeal will be borne in accordance with the
provisions of this section that describe who will bear the costs for the
initial arbitration proceeding and, as applicable, as set forth in the
FAA.
b. Limitation on Damages. Unless otherwise expressly permitted
under applicable state law, in which case the arbitrator shall have the
authority to award such damages as expressly permitted thereunder,
the arbitrators shall not have authority to award consequential,
punitive, moral or other exemplary damages, attorneys’ fees and
costs, or interest, including pre-award interest, in any arbitration
proceedings hereunder, and any court of competent jurisdiction
entering or enforcing any such award shall not have the authority to
modify such award to include any such damages or amounts. For
purposes of clarification, in the event that a court of competent
jurisdiction finds that an applicable federal or state statute precludes
such limitation of any of the foregoing damages, or finds otherwise
that the We must bear Your attorneys’ fees and costs if You prevail
in order to enforce the arbitration provisions herein, then the arbitrator
and court shall treat any such limitation as severed herefrom without
affecting the validity of any other provision of this Contract, and such
limitation shall not form the basis of any action by You under
applicable law.
c. JURY WAIVER. EACH PARTY HEREBY AGREES THAT IT
IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO
A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY
OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS
ADDENDUM.
d. CLASS ACTION WAIVER. FURTHER, ANY DISPUTE RELATED
HERETO SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS
WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED OR
LITIGATED ON A CLASS ACTION BASIS OR ON BASES
INVOLVING
CLAIMS
BROUGHT
INA
PURPORTED
REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
AWARDS SHALL BE LIMITED TO CLAIMS BETWEEN YOU AND
US. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS
AGREED TO IN WRITING BY ALL RELEVANT PARTIES. NO
AWARD OR DECISION WILL HAVE ANY PRECLUSIVE EFFECT AS
TO ISSUES OR CLAIMS IN ANY DISPUTE WITH ANYONE WHO IS
NOT A NAMED PARTY TO THE PROCEEDING. THE ARBITRATOR
SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A
CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL
ARBITRATION OR JOINED OR CONSOLIDATED ARBITRATION.
e. Severability. If one or more of the provisions of this section are held
to be invalid by a court of competent jurisdiction, then such provision
or provisions shall be severed herefrom and shall be inoperable with
no effect upon the validity of the remaining provisions hereof, and the
remaining provisions hereof will continue in full force and effect for all
purposes. In addition, and notwithstanding anything to the contrary
in this Contract, in the event that the class action waiver in this
section is determined to be invalid or unenforceable by a court of
competent jurisdiction, then, subject to the right to appeal such a
ruling, any class action, if allowed to proceed, shall proceed only
before a court of competent jurisdiction and not in class-wide
arbitration. The right to participate in arbitration, in such case, shall
be automatically null and void, and the remaining provisions of this
section will continue in force and effect for all purposes before the
court.
COPY OF ELECTRONIC ORIGINAL
f. Small Claims Court Exception. Notwithstanding anything to the
contrary in this Contract, if available in accordance with applicable
law and rules, either Party may bring an individual action in small
claims court (or the applicable state equivalent) located in the
jurisdiction where You purchased this Contract, and in such event
the arbitration provisions of this Contract shall have no effect unless
such action is transferred or removed to a different court, in which
case the arbitration provisions of this Contract shall control for all
purposes, provided that nothing herein shall be construed as limiting
any right of appeal of You or Us related to any decision by a small
claims court (or applicable state equivalent).
This Contract may be subject to applicable state endorsements for the State in which You purchased this Contract. Any applicable endorsements will be
attached hereto on the following page(s).
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
6 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
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EMERGENCY ROADSIDE ASSISTANCE BENEFITS
COVERAGE AND LIMITATIONS
Deductible Does Not Apply
(This Optional Coverage is Only Available if it is Selected on Page 1 of the Contract and the Additional Charge has been Paid.)
Emergency Roadside Assistance benefits are administered by SafeRide Motor Club, Inc, a company independent of Administrator. SafeRide Motor
Club, Inc administers the Emergency Roadside Assistance service through a network of contracted independent service providers who have
arrangements with SafeRide to perform road service and towing for SafeRide clients. As independent contractors, they have exclusive control over
their own equipment and personnel. SafeRide is not responsible for their acts or omissions. All 24-Hour Roadside Assistance services are administered
by SafeRide Motor Club, Inc., 4287 Beltline Road, #238, Addison, TX 75001.
• All Emergency Roadside Assistance benefits are available to You up to Your $50.00 benefit limit without any additional payments. You are
responsible for any non-covered expenses and overages.
• Your service begins on the purchase/effective date shown on the first page of this Contract and will continue until the expiration or termination of
this Contract, whichever occurs first. Emergency Roadside Assistance is not separately cancellable. Emergency Roadside Assistance is available
throughout the United States and Canada, 24 hours a day, 365 days a year. You will only have to pay for any costs in excess of the $50.00 per
occurrence limit plus any non-covered costs.
TO RECEIVE SERVICE, CALL THE TOLL-FREE NUMBER: (855) 446-6528
IDENTIFY YOURSELF AS A WYNN’S PLUS+ CUSTOMER.
COVERAGE IS EXTENDED ONLY TO VEHICLES COVERED AND REGISTERED WITH ADMINISTRATOR.
IMPORTANT: Please be with Your Vehicle when the service provider arrives, as they cannot service an unattended Vehicle. Service provided must
be a covered benefit under the following terms and conditions.
The following are covered emergencies, subject to the $50.00 per occurrence limitation:
1. Towing Assistance: When towing is necessary, the disabled covered Vehicle will be towed to the destination of Your choice.
2. Battery Service: If a battery failure occurs, a jump-start will be applied to start the covered Vehicle.
3. Flat Tire Assistance: Service consists of the removal of the flat tire and its replacement with the spare tire.
4. Gasoline, Oil, Fluid and Water Delivery Service: An emergency supply of gasoline, oil, fluid and water will be delivered if You are in immediate
need. You must pay for the fuel or other fluid when it is delivered.
5. Lockout Assistance: If Your keys are locked inside of the covered Vehicle, assistance will be provided to gain entry to that Vehicle.
The following items are not included as part of the Emergency Roadside Assistance benefits: Cost of parts, replacement keys, fluids,
lubricants or fuel, cost of installation of product or materials. Non-emergency towing or other non-emergency service. Mounting or removing
of snow tires or chains. Tire repair. Trucks over one-ton capacity, taxicabs or other commercial vehicles. Camping trailers, travel trailers or
any vehicles in tow. Any and all taxes and fines. Towing from or repair work performed at a service station, garage or repair shop; vehicle
storage charges; a second tow. Service on a Vehicle that is not in a safe condition to be towed. Towing or service on roads not regularly
maintained, such as sand beaches, open fields, forests, and areas designated as not passable due to construction, etc. Towing at the
direction of a law enforcement officer relating to traffic obstruction, impoundment, abandonment, illegal parking or other violations of law.
Repeated service calls for a covered Vehicle in need of routine maintenance or repair. Only one disablement for the same cause during any
seven-day period will be accepted. Services obtained independently of SafeRide.
COPY OF ELECTRONIC ORIGINAL
PLEASE NOTE: THIS IS NOT A REIMBURSEMENT SERVICE. Assistance obtained through any source other than by calling (855) 446-6528
is not covered and is not reimbursable.
TO RECEIVE THE FASTEST SERVICE POSSIBLE, please have the following information ready to give the operator:
1. Your Contract Number and coverage expiration date.
2. The location of Your disabled Vehicle (state, town, street address, and/or closest intersection).
3. Type of service necessary (flat tire, jump-start, tow, etc.).
DISPATCH SERVICE: You may be asked to wait by the phone for a short period of time, in order to call You back and confirm the type of service
SafeRide is sending to You , as well as the estimated time of arrival. IMPORTANT - If You have been promised a call back by the dispatch operator
within a certain period of time and You do not receive the call, please call again. SafeRide may be experiencing a problem getting through to Your
phone. Also, if service does not arrive within the time promised by the dispatch operator, please call again. SafeRide may have experienced a problem
in locating You.
IN THE EVENT OF AN ACCIDENT OR DAMAGE DUE TO FIRE, FLOOD OR VANDALISM: Costs related to physical damage due to accident, fire,
flood or vandalism are normally covered under Your Vehicle insurance, but You will be required to pay for these services and then submit Your bill
to Your insurance company or agent as part of Your insurance claim.
EXTREME WEATHER: When weather or road conditions are extremely bad, We ask for Your patience and understanding. This program is designed
to render prompt and reliable service. In cases of extreme weather or conditions, assistance to Your disabled Vehicle will be provided as soon as
possible.
Roadside Assistance is available only during the Coverage Period and services obtained through any source other than the toll-free number listed
above are not covered and are not reimbursable. (Services not available in areas where state providers are exclusively utilized.)
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
7 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
ALABAMA (NATL ACCT 280 AL (06/19))
1. Under the section entitled “9. CANCELLATION OF THIS CONTRACT
- Refunds and Charges” the paragraph is amended to read as follows:
notice of cancellation; if We fail to do so within that time, We will pay
You a penalty of 10 percent (10%) of the cancellation refund amount
for each month that the refund remains unpaid.
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first thirty (30)
days after the Contract Purchase Date You will be entitled to a full
refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract or if We cancel the Contract after the
first thirty (30) days from the Contract Purchase Date, You will be
entitled to a prorated refund of the Contract Price based on the
greater of the number of days the Contract was in force or the miles
driven compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract, less a
cancellation fee equal to the lesser of fifty dollars ($50.00) or seven
and a half percent (7.5%) of the Contract Price.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of
the Manufacturer’s Warranty, You will be entitled to a full refund of
the Contract Price less a twenty-five dollar ($25.00) cancellation fee.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a prorated refund of
the Contract Price based on the greater of the number of days the
Contract was in force or the miles driven compared to the total time
or mileage specified under the “Coverage/Term” section on Page 1 of
this Contract, less a twenty-five dollar ($25.00) cancellation fee.
You will be provided with the applicable cancellation refund within fortyfive (45) days after the Administrator or Lienholder receives Your
notice of cancellation; if We fail to do so within that time, We will pay
You a penalty of 10 percent (10%) of the cancellation refund amount
for each month that the refund remains unpaid.
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first thirty (30)
days after the Contract Purchase Date You will be entitled to a full
refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract or if We cancel the Contract after the
first thirty (30) days from the Contract Purchase Date, You will be
entitled to a prorated refund of the Contract Price based on the
greater of the number of days the Contract was in force or the miles
driven compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract, less a twentyfive dollar ($25.00) cancellation fee.
You will be provided with the applicable cancellation refund within fortyfive (45) days after the Administrator or Lienholder receives Your
notice of cancellation; if We fail to do so within that time, We will pay
You a penalty of 10 percent (10%) of the cancellation refund amount
for each month that the refund remains unpaid.
You will be provided with the applicable cancellation refund within fortyfive (45) days after the Administrator or Lienholder receives Your
notice of cancellation; if We fail to do so within that time, We will pay
You a penalty of 10 percent (10%) of the cancellation refund amount
for each month that the refund remains unpaid.
ARIZONA (NATL ACCT 280 AZ (06/19))
1. Under the section entitled “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER,” Item A. 2. under is amended to read:
“2. A Breakdown caused by contamination of or lack of proper fuels,
coolants, or lubricants, including a Breakdown caused by a failure to
replace seals or gaskets in a timely manner after You purchased the
Vehicle from the Selling Dealer.”
2. Under the section entitled “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER” Item A. 5. is deleted in its entirety.
3. Under the section entitled “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER,” Item A. 6. is amended to read:
“6. A. Breakdown caused by or involving modification or additions to
Your Vehicle by You or with Your knowledge unless those modifications
or additions were performed or recommended by the Vehicle
Manufacturer.”
4. Under the section entitled “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER,” Item A. 7. is amended to read:
“7. A Breakdown caused by off-roading, misuse, abuse, racing, or any
form of competition after You purchased the Vehicle from the Selling
Dealer.”
5. Under the section entitled “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER,” Item B. 6. is amended to read:
“6. Your Vehicle is modified from the Vehicle Manufacturer’s original
specifications by You or with Your knowledge.”
6. Under the section entitled “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER,” Item B. 8. is deleted.
7. Under the section entitled “9. CANCELLATION OF THIS CONTRACT By Us,”the last bullet is amended to read: •Your Vehicle is modified by
You or with Your knowledge from the Vehicle Manufacturer’s original
specifications.
8. Under the section entitled “9. CANCELLATION OF THIS CONTRACT –
By Us” the last bullet point “The Vehicle has a salvage title or is a grey
market vehicle” is deleted.
9. Under the section entitled “9. CANCELLATION OF THIS CONTRACT –
Refunds and Charges” the following is amended to include:
“No claim incurred or paid shall be deducted from the amount to be
refunded. State Law and Administrative Code supersede any other
provisions herein. We are primarily responsible for providing any refund
to You to which You may be entitled under this Contract.”
10.Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS”,
“DISPUTE
RESOLUTION
–
1. Arbitration” the second sentence under the first bullet point
• Governing Law; Venue; Decision is amended to read: “The arbitration
shall take place in Arizona.
11. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISION/LIMITATIONS” the following is added to the “DISPUTE
RESOLUTION – 1. Arbitration” section: “Arbitration does not prevent
You from Your rights to file a complaint with the Arizona Department of
Insurance (A.D.O.I.) for any remedy, including those subject to the
provisions stated by A.R.S. §§20-1095.04 and 20-1095.09.
COPY OF ELECTRONIC ORIGINAL
ALASKA (NATL ACCT 280 AK (06/19)
1. The section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” is amended to read as follows:
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of
the Manufacturer’s Warranty, You will be entitled to a full refund of
the Contract Price less a cancellation fee equal to the lesser of fifty
dollars ($50.00) or seven and a half percent (7.5%) of the Contract
Price.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a prorated refund of
the Contract Price based on the greater of the number of days the
Contract was in force or the miles driven compared to the total time
or mileage specified under the “Coverage/Term” section on Page 1 of
this Contract, less a cancellation fee equal to the lesser of fifty dollars
($50.00) or seven and a half percent (7.5%) of the Contract Price.
You will be provided with the applicable cancellation refund within fortyfive (45) days after the Administrator or Lienholder receives Your
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
8 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
You may contact the A.D.O.I. at 1-800-325-2548.The A.D.O.I. address is
100 N. 15th Ave., Suite 102, Phoenix, AZ 85007, Attention: Consumer Affairs
Division.”
ARKANSAS (NATL ACCT 280 AR (06/19))
1. The section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS, DISPUTE RESOLUTION – Our Rights
Against Others” is amended to include:
“We are entitled to recovery only after You have been fully compensated
by the loss sustained under the terms and conditions of this Contract.”
2. The section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS, DISPUTE RESOLUTION – 1. Arbitration”
is amended to include:
a. Arbitration in Arkansas is voluntary and this provision is non-binding
and shall not be construed as depriving You of a trial by Jury.
b. Exemplary or Punitive Damages as used in this provision shall be
defined as “Those damages imposed to punish a wrongdoer and to
deter others from similar conduct.”
3. Under the section entitled "10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS – 1. Arbitration” sub-section “c. JURY
WAIVER” is deleted in its entirety.
CALIFORNIA (NATL ACCT 280 CA (06/19))
1. Performance to You under this Contract is guaranteed by a California
approved insurance company. You may file a claim with this insurance
company if any promise made in the Contract has been denied or has
not been honored within sixty (60) days from the date proof of loss was
filed. The name and address of the insurance company is NATIONAL
CASUALTY COMPANY, P.O. Box 4110, Scottsdale, AZ 85261-4110
(800) 423-7675. If You are not satisfied with the insurance company’s
response, You may contact the California Department of Insurance at
(800) 927-4357.
2. The Contract Obligor is Wynn’s Extended Care, Inc.*, 6303 Blue
Lagoon Dr., Suite 225, Miami, FL 33126, (800) 901-6182. Our California
Vehicle Service Contract Provider License number is 0C32110.
3. You may contact the California Department of Insurance toll free at
(800) 927-4357, or on the web site at www.insurance.ca.gov
4. Under the section entitled “9. CANCELLATION OF THIS CONTRACT –
Refunds and Charges” is amended to read as follows:
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first notice of
cancellation to Us within the first sixty (60) days after the Contract
Purchase Date for New Vehicles and thirty (30) days for Used
Vehicles after the Contract Purchase Date, You will be entitled to a
full refund of the Contract Price.
cancel the Contract after the first sixty (60) days from the Contract
Purchase Date for New Vehicles and thirty (30) days for Used
Vehicles from the Contract Purchase Date, You will be entitled to a
prorated refund of the Contract Price based on the greater of the
number of days the Contract was in force or the miles driven
compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract, less a
cancellation fee equal to the lesser of twenty-five dollars ($25.00) or
ten percent (10%) of the Contract Price.
5. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS”, the “DISPUTE RESOLUTION – 1.
Arbitration” section is amended to include:
“You may first file a complaint with the Insurer and the California
Department of Insurance. If Your complaint is not settled, then the
California Arbitration Act will apply.
CONNECTICUT (NATL ACCT 280 CT R(06/19))
1. Under the section entitled “1. Definitions” Administrator, Our, Us, and
We means Wynn’s Extended Care, Inc., 6303 Blue Lagoon Drive, Suite
225, Miami, FL 33126, Telephone (800) 922-4392.
2. Connecticut Public Act, 87-393, Laws 1987, requires an automobile
dealer to provide a warranty covering certain classes of used motor
vehicles as follows:
Used Vehicles with a sale price of $3,000 but less than $5,000
Provides Coverage for 30 days or 1,500 miles, whichever occurs first.
Used Vehicles with a sale price of $5,000 or more
Provides Coverage for 60 days or 3,000 miles, whichever occurs first.
The Vehicle You have purchased may be covered by this law. If so, the
following is added to this Contract: In addition to the dealer warranty
required by this law, You have elected to purchase this Contract, which
may provide You with additional protection during the dealer warranty
period and provides protection after the dealer warranty has expired. You
have been charged separately only for this Contract. The required
dealer warranty is provided free of charge. Furthermore, the definitions,
component coverage, and exclusions stated in this Contract apply only
to this Contract and are not the terms of the required dealer warranty.
You may pursue mediation to resolve disputes between You and the
Administrator. If a dispute arises between Us and You, in the event that
the parties cannot reach an agreement, You may file a formal written
complaint containing a description of the dispute, and the results of such
attempts, the purchase or lease price of the Vehicle, the cost of the
repair of the Vehicle and a copy of Your Agreement. The complaint shall
be mailed to: State of Connecticut, Insurance Department, P.O. Box 816,
Hartford, CT 06142-0816, Attention: Consumer Affairs Division
3. The first paragraph, last sentence on Page 2 “Protection under this
Contract is the primary responsibility of NATIONAL CASUALTY
COMPANY” is deleted in its entirety.
4. If Your Contract expires while Your Vehicle is being repaired due to an
approved claim by the Administrator and Your Term Time is only for
one year, the Contract will remain in effect until Your Vehicle is repaired
by the repair facility that initiated the approved claim.
5. Under the section entitled “9. CANCELLATION OF THIS CONTRACT –
By You,” is amended to read:
By You
“You may cancel this Contract if the Vehicle is returned, sold, lost,
stolen, or destroyed, or at any time by contacting the Administrator or
Lienholder.”
COPY OF ELECTRONIC ORIGINAL
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first sixty (60)
days from the Contract Purchase Date for New Vehicles and thirty
(30) days for Used Vehicles from the Contract Purchase Date, but
before the expiration of the Manufacturer’s Warranty, You will be
entitled to a full refund of the Contract Price less a cancellation fee
equal to the lesser of twenty-five dollars ($25.00) or ten percent (10%)
of the Contract Price.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first sixty (60)
days from the Contract Purchase Date for New Vehicles and thirty
(30) days for Used Vehicles from the Contract Purchase Date and
after the expiration of the Manufacturer’s Warranty, You will be
entitled to a prorated refund of the Contract Price based on the
greater of the number of days the Contract was in force or the miles
driven compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract, less a
cancellation fee equal to the lesser of twenty-five dollars ($25.00) or
ten percent (10%) of the Contract Price.
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first sixty (60)
days after the Contract Purchase Date for New Vehicles and thirty
(30) days for Used Vehicles after the Contract Purchase Date, You
will be entitled to a full refund of the Contract Price. If You or the
Lienholder provide notice of cancellation of the Contract or if We
GEORGIA (NATL ACCT 280 GA (06/19))
1. Unless otherwise specified on Page 1 of this Contract, You paid for this
Contract in cash. If You financed the Contract Price, the terms of the
financing are contained in a separate agreement entered into between
You and the Lienholder.
2. Under the section entitled “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER”: the following items are amended to read:
1. A. 5. “Pre-existing damage or a Breakdown known to You that
occurred before Your purchase of the Contract, either of which would
have been obvious and apparent if that component was inspected at
time of purchase.”
2. A. 6. is amended to read:” A. 6. A Breakdown caused by or involving
modifications or additions to Your Vehicle made by or known to You,
unless those modifications or additions were performed or
recommended by the Vehicle Manufacturer.”
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
9 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
3.
4.
5.
6.
3. A. 24. is amended to read: 24. Aftermarket accessories or nonoriginal equipment, components and systems installed by You
or with Your knowledge, including, without limitation, anti-theft
systems, radio/speaker equipment, telephones, cruise control
and sunroof.
4. B. 6. is amended to read: “B.6 . Your Vehicle is modified by You or
with Your knowledge from the Vehicle Manufacturer’s original
specifications.”
The section entitled “9. CANCELLATION OF THIS CONTRACT – By
You is amended to include: “You may cancel this Contract at any time
and receive a refund of the total Contract Price subject to the refund
provisions set forth in the “9. CANCELLATION OF THIS CONTRACT Refund and Charges”section. The deduction of claims paid is not
allowed. The Contract Administrator may only cancel the Contract for
fraud, material misrepresentation or for nonpayment and issue a pro rata
refund of the total Contract Price based on the greater of days in force
or the miles driven compared to the total Contract term.
The section entitled “9. CANCELLATION OF THIS CONTRACT - By
Us” is replaced in its entirety with the following: By Us
“We reserve the right to cancel this Contract and will not pay for a
Covered Breakdown if We discover fraud or material misrepresentation
in connection with Your obtaining this Contract or a claim made under
this Contract, or (ii) the Lienholder advises Us that You have defaulted
in Your obligation to repay the amount financed by the Lienholder. In
general, if We cancel this Contract, We will mail to You written notice
of cancellation at least thirty (30) days before the cancellation date.
However, if We cancel this Contract for any reason within the first sixty
(60) days after the Contract Purchase Date, or if We cancel this
Contract because You have defaulted in Your obligation to repay the
amount financed by the Lienholder, We will mail to You written notice
of cancellation at least ten (10) days before the cancellation date. The
notice of cancellation must be in writing and comply with 33-24-44 of the
Georgia Code. If a refund is not paid or credited within sixty (60) days
after proof of loss is filed, The Contract Holder may file a claim with the
insurance company. For cancellations by Us there is no cancellation
fee.”
The section entitled “9. CANCELLATION OF THIS CONTRACT – By
The Lienholder” is amended to include:
“The Lienholder must hold a power of attorney in order to cancel the
Contract due to Your default in Your obligations to such Lienholder.”
The section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” is amended to read as follows:
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
greater of the number of days the Contract was in force or the miles
driven compared to the total time or mileage specified under the
“Coverage/Term”section on Page 1 of this Contract, less a
cancellation fee equal to the lesser of fifty dollars ($50.00) or ten
percent (10%) of the prorated refund (if We cancel the Contract, no
cancellation fee will be charged).
7. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS,
“DISPUTE
RESOLUTION
–
1. Arbitration” is deleted in its entirety.
HAWAII (NATL ACCT 280 HI (06/19))
1. Under the section entitled “9. CANCELLATION OF THIS CONTRACT By Us,” the following paragraph is added:
By Us
“If We cancel this Contract, We will mail a written notice to You at Your
last known address contained in Our records at least five (5) days prior
to cancellation. The notice will state the effective date of cancellation and
the reason for cancellation. We will not send You advance notice if the
reason for cancellation is nonpayment of the Contract Price, a material
misrepresentation by You to Us, or a substantial breach of Your duties
under this Contract relating to the Vehicle or its use.”
2. Under the section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” the following is added at the end of the first
paragraph:
“In that case, We will provide You with a refund within forty-five (45) days
after the Administrator or Lienholder receive Your written notice of
cancellation, and if We fail to do so within that time, We will pay You a
penalty of 10 percent (10%) of the Contract Price for each month that
the refund remains unpaid.”
IDAHO (NATL ACCT 280 ID (06/19))
1. Coverage afforded under this Contract is not guaranteed by the Idaho
Insurance Guarantee Association.
2. Under the section entitled “4. YOUR OBLIGATIONS” the following
language is added after Item 2:
3. If a Covered Part has a Covered Breakdown at any time outside of
Claims Department regular business hours, You may take one of the
following steps:
• Wait until regular business hours and then follow the normal claims
procedure outlined above; or:
• Authorize and pay for any tear down or diagnostic time needed to
determine whether Your Vehicle has a Covered Breakdown. If You
reasonably determine that You have a Covered Breakdown and You
choose to have Your Vehicle repaired, You are responsible for paying
for the repair. You must then call the Administrator during the next
available regular business hours so that the Administrator may
determine whether there was a Covered Breakdown. If the
Administrator determines that there was a Covered Breakdown,
then We will pay You in accordance with the terms and conditions of
this Contract.”
COPY OF ELECTRONIC ORIGINAL
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of
the Manufacturer’s Warranty, You will be entitled to a full refund of
the Contract Price less a cancellation fee equal to the lesser of fifty
dollars ($50.00) or ten percent (10%) of the Contract Price (if We
cancel the Contract, no cancellation fee will be charged).
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a prorated refund of
the Contract Price based on the greater of the number of days the
Contract was in force or the miles driven compared to the total time
or mileage specified under the “Coverage/Term”section on Page 1 of
this Contract, less a cancellation fee equal to the lesser of fifty dollars
($50.00) or ten percent (10%) of the prorated refund (if We cancel the
Contract, no cancellation fee will be charged).
ILLINOIS (NATL ACCT 280 IL (06/19))
1. Under the section entitled “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER,” Item A. 20. is replaced with the following:
“20. A gradual reduction in operating performance due to normal wear
and tear.”
2. The section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” is amended to read as follows:
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first thirty (30)
days after the Contract Purchase Date You will be entitled to a full
refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract or if We cancel the Contract after the
first thirty (30) days from the Contract Purchase Date, You will be
entitled to a prorated refund of the Contract Price based on the
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of
the Manufacturer’s Warranty, You will be entitled to a full refund of
the Contract Price less a cancellation fee equal to the lesser of fifty
dollars ($50.00) or ten percent (10%) of the Contract Price.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a prorated refund of
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
10 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
the Contract Price based on the greater of the number of days the
Contract was in force or the miles driven compared to the total time
or mileage specified under the “Coverage/Term” section on Page 1 of
this Contract, less a cancellation fee equal to the lesser of fifty dollars
($50.00) or ten percent (10%) of the Contract Price.
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first thirty (30)
days after the Contract Purchase Date You will be entitled to a full
refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract or if We cancel the Contract after the
first thirty (30) days from the Contract Purchase Date, You will be
entitled to a prorated refund of the Contract Price based on the
greater of the number of days the Contract was in force or the miles
driven compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract, less a
cancellation fee equal to the lesser of fifty dollars ($50.00) or ten
percent (10%) of the Contract Price.
INDIANA (NATL ACCT 280 IN (06/19))
1. Your proof of payment for this Contract shall be considered proof of
payment to the Insurance Company that guarantees Our obligations to
You, providing such insurance was in affect at the time You purchased
this Contract.
2. This Service Contract is not insurance and is not subject to Indiana
insurance law.
3. The section entitled “ 7. EXCLUSIONS- WHAT THIS CONTRACT DOES
NOT COVER,” Item A. 5. Is replaced in its entirety with the following:
“5. Those Pre-existing damage(s) or Breakdown(s) known to the
Contract Holder.
IOWA (NATL ACCT 280 IA (06/19))
1. Unless otherwise specified on the first page of this Contract, You paid
for this Contract in cash. If “You financed the Contract Price, the terms
of the financing are contained in the Installment Contract entered into
between You and the Selling Dealer.”
2. For Iowa Residents only: If You have problems or questions about this
Contract, You may contact The Iowa Commissioner of Insurance at the
following address: Iowa Insurance Division, Two Ruan Center, 601
Locust Street, 4th Floor, Des Moines, Iowa 50309-3738, (515) 281-5705.
3. Under the section entitled “5. OUR OBLIGATIONS” - Covered
Breakdown (Deductible Applies)” paragraph three (3) is replaced in its
entirety with the following:
“Replacement parts can be of like kind and quality and may include
new, remanufactured or used parts as determined by the
Administrator, except that: (i) used parts may only be used with
Your prior written authorization to do so, and (ii) rebuilt parts may
only be used if the parts are rebuilt according to national standards
recognized by the insurance division (Commissioner of Insurance
of the State of Iowa/Iowa Securities Bureau).”
4. Under the section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” the following language is added at the end of the
first paragraph:
“A ten percent (10%) penalty shall be added each month to a refund that
is not paid to You within thirty (30) days. The Administrator is primarily
responsible for providing any refund to You to which You may be entitled
5. Under the section entitled “9. CANCELLATION OF THIS CONTRACT
under this Contract - By You” the following language is added at the end
of the first paragraph: If You, cancel the service contract, the service
contract company shall mail a written notice of termination to the Service
Contact Holder within fifteen (15) days of the date of termination.
“In that case, We will provide You with a refund within forty-five (45) days
and if We fail to do so within that time, We will pay You a penalty of ten
percent (10%) of the Contract Price for each month that the refund
remains unpaid.”
MASSACHUSETTS (NATL ACCT 280 MA (06/19))
1. “NOTICE TO CUSTOMER: PURCHASE OF THIS CONTRACT IS NOT
REQUIRED IN ORDER TO REGISTER OR FINANCE A VEHICLE. THE
BENEFITS
PROVIDED
MAY
DUPLICATE
EXPRESS
MANUFACTURER’S OR SELLER’S WARRANTIES THAT COME
AUTOMATICALLY WITH EVERY SALE. THE SELLER OF THIS
COVERAGE IS REQUIRED TO INFORM YOU OF ANY WARRANTIES
AVAILABLE TO YOU WITHOUT THIS CONTRACT.”
Chapter 90, Section 7N1/4 of Massachusetts General Laws requires an
automobile dealer to provide a warranty covering certain classes of used
motor vehicles as follows:
• Used Vehicles with less than 40,000 miles at the time of sale are
covered for 90 days or 3,750 miles, whichever comes first.
• Used Vehicles with 40,000 miles or more, but less than 80,000 miles,
at the time of sale are covered for 60 days or 2,500 miles, whichever
comes first.
• Used Vehicles with 80,000 miles or more, but less than 125,000 miles,
at the time of sale are covered for 30 days or 1,250 miles, whichever
comes first.
The Vehicle You have purchased may be covered by this law. If so, the
following is added to this Contract: In addition to the dealer warranty
required by this law, You have elected to purchase this Contract, which
may provide You with additional protection during the dealer warranty
period and provides protection after the dealer warranty has expired. You
have been charged separately only for this Contract. The required dealer
warranty is provided free of charge. Furthermore, the definitions,
coverages, and exclusions stated in this Contract apply only to this
Contract and are not the terms of the required dealer warranty.”
MINNESOTA (NATL ACCT 280 MN (06/19))
1. Under the section entitled “4. YOUR OBLIGATIONS”, Item 1. is replaced
with the following:
1. In order for this Contract to remain in force, You must:
• Change the oil and oil filter in the Vehicle at least every six (6)
months or five thousand (5,000) miles, whichever comes first;
• Replace the timing belt in the Vehicle at least every ninety thousand
(90,000) miles; and
• Keep and make available to the Administrator upon request
verifiable signed receipts that show that the above required
maintenance and servicing was timely performed.”
2. Under the section entitled “7. EXCLUSIONS - WHAT THIS CONTRACT
DOES NOT COVER”:
a. Item A. 1. is replaced with the following:
“1. A Breakdown caused by lack of customary or proper
maintenance.”
b. Item A. 5. is replaced with the following:
“5. Fraud, material misrepresentation or material omission made by
You in pursuing a claim under this Contract.”
c. Item A. 17. is replaced with the following:
“17. Any cost or other benefit that the Vehicle Manufacturer will pay
as a result of a public recall or factory service bulletin.
d. Item A. 21. is deleted.
e. Item B. 5. is deleted.
3. Under the section entitled “9. CANCELLATION OF THIS CONTRACT Refunds and Charges”, the first paragraph is amended to include the
following:
“If the Contract is cancelled within the first thirty (30) days, You will be
provided with the applicable cancellation refund within forty-five (45) days
after the Administrator or Lienholder receives Your notice of
cancellation; if We fail to do so within that time, We will pay You a penalty
of 10 percent (10%) of the cancellation refund amount for each month
that the refund remains unpaid.”
4. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS, DISPUTE RESOLUTION – 1. Arbitration”
is amended to include the following:
“This Section is subject to the rules and regulations set forth in the
Minnesota Uniform Arbitration Act, §572B.01 et. seq.”
5. As required by Section 325F. 662 of the Minnesota Statutes, the Selling
Dealer is providing to You the coverage listed below at no charge if the
COPY OF ELECTRONIC ORIGINAL
MARYLAND (NATL ACCT 280 MD (06/19))
1. THIS SERVICE CONTRACT IS INSURED FOR ITS LIABILITY
UNDER A SERVICE CONTRACT REIMBURSEMENT INSURANCE
POLICY ISSUED BY SCOTTSDALE INSURANCE COMPANY, A
MEMBER COMPANY OF THE Nationwide® Insurance group. YOU
shall be entitled to make a direct claim against: SCOTTSDALE
INSURANCE COMPANY, P.O. BOX 4110, SCOTTSDALE, AZ 852614110, (800) 423-7675, upon failure of the ADMINISTRATOR to pay
any claim or make any refund or consideration due within sixty (60)
days after the proof is filed with the ADMINISTRATOR.
2. Under the section entitled “9. CANCELLATION OF THIS CONTRACT
– Refund And Charges” the following is inserted after the third sentence
of the first paragraph:
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
11 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
Vehicle has less than seventy-five thousand (75,000) miles at the time
You purchased the Vehicle or if the purchase price of the Vehicle is
three thousand ($3,000) or more (including the trade-in value of any
vehicle traded in by You, but excluding tax, license fees, registration fees,
and finance charges) or if the Vehicle does not fall within any of the other
exclusions listed under Subdivision 3 of Section 325F.662 of the
Minnesota Statutes. The term of such coverage is based upon the
mileage of the Vehicle at the time of purchase and is as follows:
• Used Vehicles with less than thirty-six thousand (36,000) miles are
covered for sixty (60) days or two thousand five hundred (2,500) miles,
whichever comes first.
• Used Vehicles with thirty-six thousand (36,000) miles or more, but less
than seventy-five thousand (75,000) miles, are covered for three (3)
days or one-thousand (1,000) miles, whichever comes first.
The following parts are covered by the Selling Dealer’s limited warranty:
1. Engine: All Lubricated Parts, intake manifolds, engine block, cylinder
engine housings, and ring gear;
2. Transmission: Automatic transmission case, internal parts, and the
torque converter; or the manual transmission case and the internal parts;
3. Drive Axle: Axle housings and internal parts, axle shafts, drive shafts
and output shafts, and universal joints; but excluding the secondary drive
axle on vehicles, other than passenger vans, mounted on a truck chassis;
4. Brakes: Master cylinder, vacuum assist booster, wheel cylinders,
hydraulic lines and fittings, and disc brakes calipers;
5. Steering: Steering gear housing and all internal parts, power steering
pump, valve body, and piston;
6. Water Pump; and
7. Externally Mounted Mechanical Fuel Pump.
In addition, the following parts are covered if the Vehicle has less than
thirty-six thousand (36,000) miles: Steering rack, radiator, alternator,
generator, and starter.
The above coverage is excluded from this Contract during the applicable
warranty period unless the Selling Dealer is unable to meet its
obligations. Your rights and obligations regarding this coverage are more
fully explained in the used vehicle limited warranty document provided to
You by the Selling Dealer.
MISSISSIPPI (NATL ACCT 280 MS (06/19))
1. Unless otherwise specified on the first page of this Contract, You paid
for this Contract in cash. If You financed the Contract Price, the terms
of the financing are contained in the Installment Contract entered into
between You and the Selling Dealer.
2. In the section under “4. YOUR OBLIGATIONS” the following language
is added at the end of Item 2: “3. If a Covered Part has a Covered
Breakdown at any time outside of Claims Department regular business
hours, You may take one of the following steps:
• Wait until regular business hours and then follow the normal claims
procedure outlined above; or
• Authorize and pay for any teardown or diagnostic time needed to
determine whether Your Vehicle has a Covered Breakdown. If You
reasonably determine that You have a Covered Breakdown and You
choose to have Your Vehicle repaired, You are responsible for paying
for the repair. You must then call the Administrator during the next
available regular business hours so that the Administrator may
determine whether there was a Covered Breakdown. If the
Administrator determines that there was a Covered Breakdown,
then We will pay You in accordance with the terms and conditions of
this Contract.
3. The section entitled “5. OUR OBLIGATIONS – 1. Covered Breakdown”
is amended to read as follows: Replacement parts can be of like kind
and quality; this means that the replacement parts can be the same age
as the failed parts at the time of the Breakdown based upon time or
mileage – replacement parts will not be older than the failed parts. They
may include new, remanufactured, or used parts as determined by the
Administrator and dependent upon the Limits of Liability. The use of
non-original manufactured parts is permitted. Like kind and quality parts
will be utilized unless such parts are unavailable or will not properly repair
the Vehicle, as determined by the Administrator. You may apply the
approved dollar amount for a Covered Breakdown towards the cost to
use new parts to repair the Vehicle when used or remanufactured parts
were approved, in which case You will be responsible for any additional
amounts greater than the approved dollar amount of this Contract.
4. The section entitled “9. CANCELLATION OF THIS CONTRACT - By
Us” is deleted in its entirety and replaced with the following: “We reserve
the right to cancel this Contract and will not pay for a Covered
Breakdown if:
• You fail to pay the Contract Price.
• A material misrepresentation by You to Us.
• A substantial breach of duties by You related to the Vehicle or its use.
5. The section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” is amended to read as follows:
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract to Administrator or if We cancel the
Contract after the first thirty (30) days after the Contract Purchase
Date, but before the expiration of the Manufacturer’s Warranty, You
will be entitled to a full refund of the Contract Price less a cancellation
fee equal to the lesser of fifty dollars ($50.00) ten percent (10%) of the
gross service contract provider fee paid by You.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to one hundred percent
(100%) of the unearned pro rata purchase price of the Contract Price,
less a cancellation fee equal to the lesser of fifty dollars ($50.00) or
ten percent (10%) of the gross service contract provider fee paid by
You.
A ten percent (10%) penalty per month shall be added to a refund for
a cancellation made within the first thirty (30) days that is not received
within forty-five (45) days after cancellation of the Contract.
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first thirty (30)
days after the Contract Purchase Date You will be entitled to a full
refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract or if We cancel the Contract after the
first thirty (30) days from the Contract Purchase Date, You will be
entitled to one hundred percent (100%) of the unearned pro rata
purchase price of the Contract Price, less a cancellation fee equal to
the lesser of fifty dollars ($50.00) or ten percent (10%) of the gross
service contract provider fee paid by You. A ten percent (10%) penalty
per month shall be added to a refund for a cancellation made within
the first thirty (30) days that is not received within forty-five (45) days
after cancellation of the Contract.
6. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS, DISPUTE RESOLUTION – 1. Arbitration”
is deleted.
COPY OF ELECTRONIC ORIGINAL
MISSOURI (NATL ACCT 280 MO (06/19))
1. Under the section entitled “4. YOUR OBLIGATIONS” the following
language is added at the end of Item 2:
“3. If a Covered Part has a Covered Breakdown at any time outside of
Claims Department regular business hours, You may take one of the
following steps:
• Wait until regular business hours and then follow the normal claims
procedure outlined above; or
• Authorize and pay for any teardown or diagnostic time needed to
determine whether Your Vehicle has a Covered Breakdown. If You
reasonably determine that You have a Covered Breakdown and You
choose to have Your Vehicle repaired, You are responsible for paying
for the repair. You must then call the Administrator during the next
available regular business hours so that the Administrator may
determine whether there was a Covered Breakdown. If the
Administrator determines that there was a Covered Breakdown,
then We will pay You in accordance with the terms and conditions of
this Contract.”
2. Under the section entitled “9. CANCELLATION OF THIS CONTRACT –
By Us” : the following language is added :
By Us
“If We cancel this Contract, We will mail a written notice to You at Your
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
12 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
last known address contained in Our records at least forty-five (45) days
prior to cancellation.”
3. Under the section entitled “9. CANCELLATION OF THIS CONTRACT –
Refund and Charges” the following language is added after the third
sentence of the first paragraph:
A ten percent (10%) penalty per month will be added to any refund that
is not paid or credited within thirty (30) days after the Administrator
receives Your request for cancellation.”
4. This Contract is not an insurance contract.
MONTANA (NATL ACCT 280 MT (06/19))
1. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS, DISPUTE RESOLUTION – 1. Arbitration”
is deleted.
NEBRASKA (NATL ACCT 280 NE (06/19))
1. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS
DISPUTE
RESOLUTION
–
1. Arbitration” is replaced in its entirety with the following:
“Subject to Nebraska statute 25-2602.01, If claim settlement cannot be
reached, the parties may elect arbitration by mutual agreement at the
time of the dispute after the claimant has exhausted all internal appeals
and can be binding by consent of the insured person. Arbitration takes
place under the laws of the State of Nebraska and is held in the insured’s
county or any other county in this state agreed to by both parties.”
NEVADA (NATL ACCT 280 NV (06/19))
1. Under the section, entitled “5. OUR OBLIGATIONS” the following
language is added to the end of the last sentence of Item 1. Paragraph
3;
“and may include parts that are not made for or by the original
manufacturer of the Vehicle.”
2. Under the section entitled “7. EXCLUSIONS – WHAT THIS CONTRACT
DOES NOT COVER,” subsection A. 8. is amended to read:
“8. Any cost covered by a repair facility or part suppliers guarantee
or warranty, or any cost that would normally be covered by a Vehicle
Manufacturer’s warranty or a dealer warranty required under state
law, whether or not such warranty is in force respecting the Vehicle.
This Contract will provide coverage once the limits of any existing
Contract have been reached providing it is a Covered Part(s) as
stated in terms of the Contract.”
3. Under the section entitled “7. EXCLUSIONS – WHAT THIS CONTRACT
DOES NOT COVER,” subsection B. 6. Is deleted in its entirety and
replaced with the following:
“6. If the Vehicle is modified from the Vehicle manufacturer’s
original specifications. We will not provide coverage to any Covered
Part that is modified or any Covered Part or Vehicle System that is
impacted by the improper modification. The Contract will remain in
force and provide any applicable coverage for a Covered
Breakdown that is not related to or impacted by the improper
Vehicle modifications.”
4. Under the section entitled “8 TRANSFER OF COVERAGE - How
Coverage May Be Transferred, Item 4. is deleted in its entirety and
replaced with the following”:
4. You pay Administrator a twenty-five dollar ($25.00) transfer fee; and
5. Under the section entitled “9. CANCELLATION OF THIS CONTRACT By Us”: the following language is added:
By Us
“Notwithstanding the foregoing, if this Contract has been in effect for at
least seventy (70) days, We will not be entitled to cancel it before the
expiration of the term of this Contract or for one (1) year after the
effective date of this Contract, whichever occurs first, except on any of
the following grounds:
(e) A material change in the nature or extent of the required service or
repair that occurs after the effective date of this Contract and that
causes the required service or repair to be substantially and
materially increased beyond that contemplated at the time that this
Contract was issued or sold.
If We cancel this Contract at any time based upon the foregoing terms
(a) through (e), then no cancellation fee will be charged.
If We cancel this Contract, We will mail to You written notice of
cancellation (stating the date of and reason for the cancellation) at least
fifteen (15) days before the cancellation date.”
6. The section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” is deleted in its entirety and replaced with the
following:
Refunds and Charges
You may cancel this Contract by providing verbal or written notice to the
Lienholder or to Us. If the Contract Price was financed, any and all
refunds will be paid to the Lienholder. Your cancellation notice must be
accompanied by the then current Vehicle mileage.
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of
the Manufacturer’s Warranty, You will be entitled to a full refund of
the Contract Price less a twenty-five dollar ($25.00) cancellation fee.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a prorated refund of
the Contract Price based on the greater of the number of days the
Contract was in force or the miles driven compared to the total time
or mileage specified under the “Coverage/Term” section on Page 1 of
this Contract, less a twenty-five dollar ($25.00) cancellation fee.
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first thirty (30)
days after the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract or if We cancel the Contract after the
first thirty (30) days from the Contract Purchase Date, You will be
entitled to a prorated refund of the Contract Price based on the
greater of the number of days the Contract was in force or the miles
driven compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract, less a twentyfive dollar ($25.00) cancellation fee.
COPY OF ELECTRONIC ORIGINAL
(a) Failure by You to pay an amount when due;
(b) Conviction of You of a crime that results in an increase in the service
required under this Contract;
(c) Discovery of fraud or material misrepresentation by You in obtaining
this Contract, or in presenting a claim for service under this
Contract;
(d) Discovery of:
(1) An act or omission by You; or
(2) A violation by You of any condition of this Contract, which
occurred after the effective date of this Contract and which
substantially and materially increases the service required under
this Contract; or
If We cancel Your Contract at any time, then no cancellation fee will
be charged. We will provide You with a refund within forty-five (45)
days after the Administrator or Lienholder receives Your written
notice of cancellation, and if We fail to do so within that time, We will
pay You a penalty of ten (10%) percent of the Contract Price for each
thirty (30) day period or portion thereof that the refund and any accrued
penalties remain unpaid.
7. This Contract is not renewable.
8. Wynn’s Extended Care, Inc., is the “Provider” obligated to the Holder as
defined in NRS 690C.070 and this Contract is backed by a Service
Contract Reimbursement Insurance Policy issued by National Casualty
Company/Scottsdale Insurance Company, P.O. Box 4110, Scottsdale,
AZ 85261- 4110. Toll-Free (800) 423-7675.
9. If You are not satisfied with Our handling of Your claim, You may contact
the Commissioner of Insurance at the Nevada Division of Insurance
toll-free at (800) 872-3234.
NEW HAMPSHIRE (NATL ACCT 280 NH (06/19))
1. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS,”
“DISPUTE
RESOLUTION
–
1. Arbitration” the first sentence is revised to read:
• “Any dispute arising out of or relating to this Contract shall be settled
by arbitration, unless the parties agree otherwise.”
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
13 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
2. The seventh sentence under the first bullet point • Governing Law;
Venue; Decision is revised to read:
• “The arbitration shall take place in New Hampshire, unless the parties
agree otherwise.”
3. In the event You do not receive satisfaction under the Contract, You
may contact the New Hampshire Insurance Department at 21 South Fruit
Street, Suite 14, Concord, NH 03301 or phone (800) 852-3416.
NEW JERSEY (NATL ACCT 280 NJ (06/19))
1. The section entitled “9. CANCELLATION OF THIS CONTRACT – By
Us” is amended to include the following
“If We cancel the Contract at any time, written notice of that cancellation
identifying the effective date of the cancellation and the reason for such
cancellation shall be delivered to you no less than five (5) days prior to
the effective date of the cancellation. No written notice will be provided if
We cancel the Contract for nonpayment of the provider fee, a material
misrepresentation or omission, or a substantial breach of the contractual
obligations concerning the property or its use.
2. The section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” is amended to include the following:
• Extended Coverage Contracts
A ten percent (10%) per month penalty, based upon the Contract
Price, shall be added to a refund for a cancellation made within the
first thirty (30) days that is not received within forty-five (45) days after
cancellation of the Contract.
• Standard Coverage Contracts
A ten percent (10%) per month penalty, based upon the Contract
Price, shall be added to a refund for a cancellation made within the
first thirty (30) days that is not received within forty-five (45) days after
cancellation of the Contract.
NEW MEXICO (NATL ACCT 280 NM (06/19))
1. The last paragraph on Page 1 is deleted and replaced with the following:
This service contract is insured by National Casualty Company, a
member company of The Nationwide® Insurance Group. If the We
fail to pay You or otherwise provide You with the covered service within
sixty (60) days of Your submission of a valid claim, You may submit Your
claim to National Casualty Company, P.O. Box 4110, Scottsdale, AZ
85261-4110, (800) 423-7675. If You have any concerns regarding the
handling of Your claim, You may contact the Office of Superintendent of
Insurance at 855-427-5674.
2. The section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” is amended to include the following:
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
entitled to a prorated refund of the Contract Price based on the
greater of the number of days the Contract was in force or the miles
driven compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract, less a
cancellation fee equal to the lesser of fifty dollars ($50.00) or ten
percent (10%) of the Contract Price (if We cancel the Contract, no
cancellation fee will be charged).
NEW YORK (NATL ACCT 280 NY (06/19))
1. Unless otherwise specified on the first page of this Contract, You paid
for this Contract in cash. If You financed the Contract Price, the terms
of the financing are contained in the Installment Contract entered into
between You and the Selling Dealer.
2. The section entitled “9. CANCELLATION OF THIS CONTRACT—
Refunds and Charges” is amended to include the following:
A ten percent (10%) penalty per month will be added to any refund that
is not paid within thirty (30) days after the Administrator receives Your
request for cancellation.
NORTH CAROLINA (NATL ACCT 280 NC (06/19))
1. The section entitled “9. CANCELLATION OF THIS CONTRACT – By
Us” is amended to read as follows:
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of
the Manufacturer’s Warranty, You will be entitled to a full refund of
the Contract Price less a cancellation fee equal to the lesser of fifty
dollars ($50.00) or ten percent (10%) of the amount of the prorated
refund.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a prorated refund of
the Contract Price based on the greater of the number of days the
Contract was in force or the miles driven compared to the total time or
mileage specified under the “Coverage/Term” section on Page 1 of this
Contract, less a cancellation fee equal to the lesser of fifty dollars
($50.00) or ten percent (10%) of the amount of the prorated refund.
COPY OF ELECTRONIC ORIGINAL
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of
the Manufacturer’s Warranty, You will be entitled to a full refund of
the Contract Price less a cancellation fee equal to the lesser of fifty
dollars ($50.00) or ten percent (10%) of the Contract Price (if We
cancel the Contract, no cancellation fee will be charged).
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a prorated refund of
the Contract Price based on the greater of the number of days the
Contract was in force or the miles driven compared to the total time
or mileage specified under the “Coverage/Term” section on Page 1 of
this Contract, less a cancellation fee equal to the lesser of fifty dollars
($50.00) or ten percent (10%) of the Contract Price (if We cancel the
Contract, no cancellation fee will be charged).
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first thirty (30)
days after the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract or if We cancel the Contract after the
first thirty (30) days from the Contract Purchase Date, You will be
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first thirty (30)
days after the Contract Purchase Date You will be entitled to a full
refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract or if We cancel the Contract after the
first thirty (30) days from the Contract Purchase Date, You will be
entitled to a prorated refund of the Contract Price based on the greater
of the number of days the Contract was in force or the miles driven
compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract, less a
cancellation fee equal to the lesser of fifty dollars ($50.00) or ten
percent (10%) of the amount of the prorated refund.
OKLAHOMA (NATL ACCT 280 OK (06/19))
1. Under the “9. CANCELLATION Of THIS CONTRACT”- Refunds and
Charges” is amended to read as follows:
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of
the Manufacturer’s Warranty, You will be entitled to a full refund of
the Contract Price.
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
14 of 17
The original retail installment contract is assigned to Credit Acceptance Corporation.
This copy was created on 08/29/2020
9P0268
Copy of Electronic Original
Not required to mail or fax this copy to Credit Acceptance
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a refund of the
Contract Price based upon one hundred percent (100%) of the
unearned pro rata Contract Price, based upon the greater of the
number of days the Contract was in force or the miles driven
compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract.
2.
3.
4.
5.
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a refund
of the Contract Price based upon one hundred percent (100%) of the
unearned pro rata Contract Price, based upon the greater of the
number of days the Contract was in force or the miles driven
compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract.
Under the section entitled “10 OTHER IMPORTANT CONTACT
PROVISIONS/LIMITATIONS, DISPUTE RESOLUTION – 1. Arbitration”
is deleted.
The following disclosure statement is added to the first page of this
Contract:
“THIS SERVICE WARRANTY IS NOT ISSUED BY THE
MANUFACTURER OR WHOLESALE COMPANY MARKETING THIS
PRODUCT. THIS WARRANTY WILL NOT BE HONORED BY SUCH
MANUFACTURER OR WHOLESALE COMPANY.”
Contract Obligor means Phoenix American Warranty Company, Inc.,
License Number 44198002.
This is not an Insurance Contact. The coverage afforded under this
Contact is not guaranteed by the Oklahoma Insurance Guaranty
Association. Oklahoma service warrant Statutes do not apply to
commercial use.
OREGON (NATL ACCT 280 OR (06/19))
1. Under the section entitled “4. YOUR OBLIGATIONS”: the following
language is added after Item. 2.:
“3. If a Covered Part has a Covered Breakdown at any time outside of
Claims Department regular business hours, You may take one of the
following steps:
• Wait until regular business hours and then follow the normal claims
procedure outlined above; or
• Authorize and pay for any teardown or diagnostic time needed to
determine whether Your Vehicle has a Covered Breakdown. If You
reasonably determine that You have a Covered Breakdown and You
choose to have Your Vehicle repaired, You are responsible for paying
for the repair. You must then call the Administrator during the next
available regular business hours so that the Administrator may
determine whether there was a Covered Breakdown. If the
Administrator determines that there was a Covered Breakdown,
then We will pay You in accordance with the terms and conditions of
this Contract.”
3. Under the section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” is amended to include the following after the third
sentence in the first paragraph:
We will provide You with a refund within forty-five (45) days after the
Administrator receives Your notice of cancellation, and if We fail to do
so within that time, We will pay You a penalty of ten percent (10%) of the
Contract Price for each month that the refund remains unpaid.
4. Under the section entitled “9. CANCELLATION OF THIS CONTRACT By Us” the following paragraph is added after the last bullet point:
“If We cancel this Contract, We will mail a written notice to You at Your
last known address contained in Our records at least fifteen (15) days
prior to cancellation. The notice will state the effective date of cancellation
and the reason for cancellation. We will not send You advance notice if
the reason for cancellation is nonpayment of the Contract Price, a
material misrepresentation by You to Us, or a substantial breach of duties
by You relating to the Vehicle or its use.
TEXAS (NATL ACCT 280 TX (06/19))
1. Unless otherwise specified on the first page of this Contract, You paid
for this Contract in cash. If You financed the Contract Price, the terms
of the financing are contained in the Installment Contract entered into
between You and the Selling Dealer.
2. Under the section entitled “9. CANCELLATION OF THIS CONTRACT—
By Us” the following paragraph is added:
By Us
“If We cancel this Contract, We will mail a written notice to You at Your
last known address contained in Our records at least six (6) days prior
to cancellation. The notice will state the effective date of cancellation and
the reason for cancellation. We will not send You advance notice if the
reason for cancellation is nonpayment of the Contract Price, a material
misrepresentation by You to Us, or a substantial breach of duties by You
relating to the Vehicle or its use.”
3. Under the section entitled “9. CANCELLATION OF THIS CONTRACT
— Refund and Charges” is amended to include the following after the
third sentence in the first paragraph:
“We will provide You with a refund within forty-five (45) days after the
Administrator receives notice of cancellation, and if We fail to do so
within that time, We will pay You a penalty of ten percent (10%) of the
Contract Price for each month that the refund remains unpaid. If the
refund is not paid before the 46th day after the date You cancelled the
Contract, You may apply for reimbursement directly to the insurer.”
4. Any unresolved complaints concerning Us or questions concerning the
regulation of service Contract providers may be addressed to Office of
Consumer Credit Commissioner (OCCC) is located at 2601 N. Lamar
Blvd., Austin, Texas 78705. Direct general inquiries to 512.936.7600 or
to Toll-free Consumer Helpline number is 800.538.1579.Website:
http://www.occc.texas.gov/.
COPY OF ELECTRONIC ORIGINAL
You may address any unresolved complaints to the Division of
Financial Regulation, Consumer Advocacy Unit, 350 Winter St., NE.
Room 440, P.O. Box 14480, Salem, OR 97309-0405.
2. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS, DISPUTE RESOLUTION – 1. Arbitration”
is replaced in its entirety with the following:
“Subject to ORS 36.600-36.740, If claim settlement cannot be reached,
the parties may elect arbitration by mutual agreement at the time of the
dispute after the claimant has exhausted all internal appeals and can be
binding by consent of the insured person. Arbitration takes place under
the laws of the State of Oregon and is held in the insured’s county or any
other county in this state agreed to by both parties.”
SOUTH CAROLINA (NATL ACCT 280 SC (06/19))
1. Unless otherwise specified on the first page of this Contract, You paid
for this Contract in cash. If You financed the Contract Price, the terms
of the financing are contained in a separate agreement entered into
between You and the Lienholder.
2. Any unresolved complaints or questions about this Contract may be
addressed to:
South Carolina Department of Insurance,
P.O. Box 100105, Columbia, SC 29202-3105, (803) 737-6134
UTAH (NATL ACCT 280 UT (06/19))
1. Coverage afforded under this Contract is not guaranteed by the Property
and Casualty Guaranty Association.
2. This Contract shall be paid in full on Contract Purchase Date. You may
pay the full amount by check, or You may purchase the Contract via the
loan agreement.
3. This service contract or warranty is subject to limited regulation by the
Utah Insurance Department. To file a complaint, contact the Utah
Insurance Department.
4. Under the section entitled “4. YOUR OBLIGATIONS,” the last sentence
of the last paragraph is deleted in its entirety and replaced with the
following:
“Claims must be submitted within one-hundred eighty (180) days
from Wynn’s Extended Care, Inc. authorization date to qualify for
reimbursement”
5. If a Covered Part has a Covered Breakdown at any time outside of
Claims Department regular business hours, You may take one of the
following steps:
• Wait until regular business hours and then follow the normal claims
procedure outlined above; or
• Authorize and pay for any teardown or diagnostic time needed to
determine that Your Vehicle has a Covered Breakdown. If You
reasonably determine that You have a Covered Breakdown and You
choose to have Your Vehicle repaired, You are responsible for paying
for the repair. You must then call the Administrator during regular
business hours so that the Administrator may determine whether
there was a Covered Breakdown. If the Administrator determines
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
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6.
7.
8.
9.
that there was a Covered Breakdown, then We will pay You in
accordance with the terms and conditions of this Contract.
Under the section entitled “9. CANCELLATION OF THIS CONTRACT By Us”: the following language deleted in its entirety and replaced with
the following:
We reserve the right to cancel this Contract and will not pay for a
Covered Breakdown if:
• There is a material misrepresentation.
• There is a substantial change in risk assumed, unless the insurer
should reasonably have foreseen the change or contemplated the risk
when entering into the Contract.
• There is a failure to pay the premium required for coverage under this
Contract.
Under the section entitled “9. CANCELLATION OF THIS CONTRACT By Us” the following sentence is added:
By Us
“If We cancel this Contract, the cancellation will be effective no sooner
than thirty (30) days after the delivery or first-class mailing of written
notice to Contract Holder. If We cancel the Contract due to nonpayment
of premium the cancellation will be effective no sooner than ten (10) days
after or first class mailing of a written notice to Contract Holder.
Failure to give any notice or file any proof of loss required by this
Contract within the time specified in this Contract does not invalidate a
claim made by You, if You show that it was not reasonably possible to
give the notice or file the proof of loss within the prescribed time and that
the notice was given or proof of loss filed as soon as reasonably possible.
Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS,“DISPUTE RESOLUTION –1. Arbitration”
is amended to include:
ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY
BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT
ACTION PURSUANT TO THE RULES OF (THE AMERICAN
ARBITRATION ASSOCIATION
OR
OTHER
RECOGNIZED
ARBITRATOR), A COPY OF WHICH IS AVAILABLE ON REQUEST
FROM THE COMPANY. ANY DECISION REACHED BY ARBITRATION
SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE
ARBITRATION AWARD MAY INCLUDE ATTORNEY'S FEES IF
ALLOWED BY STATE LAW AND MAY BE ENTERED AS A
JUDGEMENT IN ANY COURT OF PROPER JURISDICTION.
VIRGINIA (NATL ACCT 280 VA (06/19))
1. If any promise made in the Contract has been denied or has not been
honored within sixty (60) days after Your request, You may contact the
Virginia Department of Agriculture and Consumer Services, Office of
Charitable and Regulatory Programs at www.vdacs.virginia.gov/foodextended-service-contract-providers.shtml to file a complaint.
4. Under the section entitled “4. YOUR OBLIGATIONS” the following
language is added after Item 2: “3. If a Covered Part has a Covered
Breakdown at any time outside of Claims Department regular business
hours, You may take one of the following steps:
• Wait until regular business hours and then follow the normal claims
procedure outlined above; or
• Authorize and pay for any teardown or diagnostic time needed to
determine whether Your Vehicle has a Covered Breakdown. If You
reasonably determine that You have a Covered Breakdown and You
choose to have Your Vehicle repaired, You are responsible for paying
for the repair. You must then call the Administrator during the next
available regular business hours so that the Administrator may
determine whether there was a Covered Breakdown. If the
Administrator determines that there was a Covered Breakdown,
then We will pay You in accordance with the terms and conditions of
this Contract.”
5. Under the section entitled “7. EXCLUSIONS — WHAT THIS
CONTRACT DOES NOT COVER”: Item A. 1 is replaced with the
following:
“1. A Breakdown caused by lack of customary, proper or Vehicle
Manufacturer’s specified maintenance of the failed Covered Part(s).”
6. The section entitled “9. CANCELLATION OF THIS CONTRACT — By
Us” is replaced in its entirety with the following:
“We have sixty (60) days from the date of the sale of the Service
Contract to determine whether or not the Vehicle qualifies for coverage
under the Service Contract program. If We have not cancelled Your
Service Contract within sixty (60) days, We may not cancel this
Contract and are fully obligated under the terms of the Contract sold to
You, except for the following:
• The Vehicle odometer fails, or for any reason does not record the
actual mileage of Your Vehicle after purchase date, and You do not
have it repaired and the mileage certified within thirty (30) days of
failure date.
• Fraud, material misrepresentation or non-payment.”
7. The section entitled “9. CANCELLATION OF THIS CONTRACT —
Refunds And Charges” is replaced in its entirety and replaced with the
following:
“You may cancel this Contract by providing verbal or written notice to
the Lienholder or to Us. If the Contract Price was financed, any and all
refunds will be paid to the Lienholder. Your cancellation notice must be
accompanied by the then current Vehicle mileage. A ten percent (10%)
penalty will be added to any refund that is not paid within thirty (30) days
after We received Your request for cancellation. Written notice of
cancellation by Us shall include the actual reason for cancellation and
shall be mailed or delivered to You no less than ten (10) days prior to the
effective date of cancellation where such cancellation is for nonpayment
of the Contract, and no less than forty-five (45) days prior to the effective
date of cancellation, where such cancellation is for any other reason.
COPY OF ELECTRONIC ORIGINAL
VERMONT (NATL ACCT 280 VT (06/19))
1. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS,” Item 1. a. Governing Law; Venue;
Decision, the seventh sentence is revised to read:
“If the Contract Holder is a Vermont resident, arbitration will be held in
Vermont. If the Contract Holder is not a Vermont resident, arbitration
will be held in Miami-Dade County Florida.”
WASHINGTON (NATL ACCT 280 WA (06/19))
1. The paragraph under the Customer Signature Section on Page 1 is
replaced with the following: “THIS SERVICE CONTRACT IS
GUARANTEED FOR ITS LIABILITY UNDER A SERVICE CONTRACT
REIMBURSEMENT INSURANCE POLICY ISSUED BY NATIONAL
CASUALTY COMPANY, A MEMBER COMPANY OF The Nationwide®
Insurance group. YOU MAY MAKE A CLAIM DIRECTLY AGAINST
NATIONAL CASUALTY COMPANY, P.O. BOX 4110, SCOTTSDALE, AZ
85261-4110, (800) 423-7675. The policy number is SC-1270.”
2. Under the section entitled “1. DEFINITIONS” the following definition is
added:
“Reimbursement Insurance Policy” means a policy of insurance that
is issued to a Service Contract Provider to provide reimbursement to
the Service Contract Provider or to pay on behalf of the Service
Contract Provider all contractual obligations incurred by the Service
Contract Provider under the terms of the insured Service Contracts
issued or sold by the Service Contract Provider.”
3. Under the section entitled “4. YOUR OBLIGATIONS” the sentence “In
order for this Contract to remain in force, You must” is replaced in its
entirety and replaced with the following.
• “You must adhere to the following:”
• Extended Coverage Contracts
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract within the first thirty (30)
days from the Contract Purchase Date, You will be entitled to a full
refund of the Contract Price.
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days after the Contract Purchase Date, but before the expiration of
the Manufacturer’s Warranty, You will be entitled to a full refund of
the Contract Price less a cancellation fee of twenty-five dollars
($25.00).
If You or the Lienholder provide notice of cancellation of the Contract
to Administrator or if We cancel the Contract after the first thirty (30)
days from the Contract Purchase Date and after the expiration of the
Manufacturer’s Warranty, You will be entitled to a prorated refund of
the Contract Price based on the greater of the number of days the
Contract was in force or the miles driven compared to the total time
or mileage specified under the “Coverage/Term” section on Page 1 of
this Contract, less a cancellation fee equal to twenty-five dollars
($25.00).
• Standard Coverage Contracts
If You or the Lienholder provide notice of cancellation to
Administrator or if We cancel the Contract within the first thirty (30)
days after the Contract Purchase Date You will be entitled to a full
BEFORE BEGINNING ANY REPAIR WORK ON YOUR VEHICLE CALL WYNN’S EXTENDED CARE* AT (800) 901-6182
NATL ACCT 280 (06/19)
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refund of the Contract Price. If You or the Lienholder provide notice
of cancellation of the Contract or if We cancel the Contract after the
first thirty (30) days from the Contract Purchase Date, You will be
entitled to a prorated refund of the Contract Price based on the greater
of the number of days the Contract was in force or the miles driven
compared to the total time or mileage specified under the
“Coverage/Term” section on Page 1 of this Contract, less a
cancellation fee equal to twenty-five dollars ($25.00).”
8. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS — Our Rights Against Others” is replaced
in its entirety with the following:
“Our Rights Against Others”
If You receive any benefits under this Contract, We will be entitled to
Your rights of recovery (for the amount due Us per the conditions of this
Contract) against any manufacturer, repairer or other party who may be
responsible to You for the costs covered by this Contract or for any other
payment made by Us. If We ask, You agree to help Us enforce these
rights. You also agree to cooperate and help Us in any other matter
concerning this Contract. Our rights of recovery exist only after You have
been made whole under Washington law.
9. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS” the section entitled 1. Arbitration is
deleted in its entirety.
10.The following is added to this Contract:
“Any civil action in connection with this Contract will be handled under
the jurisdiction of the State of Washington.”
misrepresentation by You to Us, or a substantial breach of duties by You
relating to the Vehicle or its use.
3. The section entitled “9. CANCELLATION OF THIS CONTRACT - By
The Lienholder” is amended to read:
By Lienholder
“You understand and acknowledge that the Lienholder (if any) has the
right to cancel this Contract if the Vehicle is repossessed or destroyed.
4. Under the section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” the second sentence of the first paragraph is
amended to read as follows:
“If the Contract Price has been financed, any refund will be made
payable jointly to the Lienholder and You except, if Your Vehicle has
been repossessed or is a total loss, the refund may be made payable
solely to the Lienholder.”
5. Under the section entitled “9. CANCELLATION OF THIS CONTRACT Refund and Charges” the following is added after the third sentence of
the first paragraph:
“A ten percent (10%) penalty per month shall be added to a refund that
is not paid or credited within forty-five (45) days after return of the service
contract to the provider.”
WISCONSIN (NATL ACCT 280 WI (06/19))
1. THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE
OFFICE OF THE COMMISSIONER OF INSURANCE.
2. Under the section entitled “4. YOUR OBLIGATIONS,” the last sentence
of the last paragraph “CLAIMS MUST BE SUBMITTED WITH 180 DAYS
FROM AUTHORIZATION TO QUALIFY FOR REIMBURSEMENT” is
deleted in its entirety and replaced with the following:
“Notice of loss should be made as soon as reasonably possible and
within one year after the time it was required by the policy.”
3. The following sentences are added to the first bullet point Item 2. under
“4. YOUR OBLIGATIONS” and to Item A. 27. under “7. EXCLUSIONS What This Contract Does Not Cover”:
“However, the failure by You to obtain an authorization number from the
Administrator prior to beginning a repair will not invalidate or reduce a
claim unless We are prejudiced by Your failure to obtain an authorization
number. In other words, We will not deny a claim solely because You or
Your repair facility failed to obtain an authorization number before
beginning a repair.”
4. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS - Our Rights Against Others” the first
sentence is replaced with the following:
“If You receive any benefits under this Contract, We will be entitled to
all Your rights of recovery against any manufacturer, repairer or other
party who may be responsible to You for the costs covered by this
Contract or for any other payment made by Us, but only after You have
been made whole for Your loss (i.e., You have been fully compensated
for Your damages).”
5. Under the section entitled “10. OTHER IMPORTANT CONTRACT
PROVISIONS/LIMITATIONS,” the first paragraph of the subsection
entitled “DISPUTE RESOLUTION – 1. Arbitration” is amended to read:
“Any dispute arising out of or relating to this Contract can be settled by
final and binding arbitration. In order for arbitration to take place, You
and We must agree that the matter be arbitrated. This Contract is subject
to the applicable Wisconsin laws.”
COPY OF ELECTRONIC ORIGINAL
WYOMING (NATL ACCT 280 WY (06/19))
1. Unless otherwise specified on Page 1 of this Contract, You paid for this
Contract in cash. If You financed the Contract Price, the terms of the
financing are contained in a separate agreement entered into between
You and the Lienholder.
2. Under the section entitled “9. CANCELLATION OF THIS CONTRACT By Us” the following paragraph is added:
By Us
“If We cancel this Contract, We will mail a written notice to You at Your
last known address contained in Our records at least ten (10) days prior
to cancellation. The notice will state the effective date of cancellation and
the reason for cancellation. We will not send You advance notice if the
reason for cancellation is nonpayment of the Contract Price, a material
NATL ACCT 280 (02/17)
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The original retail installment contract is assigned to Credit Acceptance Corporation.
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