Buick
Protection Plan
Vehicle Service Contract
CUSTOMER INFORMATION
Last Name
First Name
Street Address
Apt.
City
Phone Number
Middle Initial
State
ZIP Code
Email
CO-BUYER INFORMATION
Last Name
First Name
Street Address
Apt.
City
ZIP Code
Email
COVERED VEHICLE INFORMATION
Year
State
Make
Buick
Current Odometer Reading
SELLER INFORMATION
Name
Street Address
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Phone Number
Middle Initial
Model
Vehicle Identification Number (VIN)
New
CPO
Pre-Owned
Vehicle Purchase Price $
Seller Number
Phone Number
City
State
ZIP Code
State
ZIP Code
LENDER/LESSOR/PAYMENT PLAN PROVIDER INFORMATION
Name
Street Address
City
BUICK PROTECTION PLAN AGREEMENT INFORMATION
Agreement Coverage Term (in months/miles)
Agreement Expiration Date/Mileage:
/
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This Agreement begins on the Agreement Purchase Date and at the Current Odometer Reading. This Agreement ends when the months indicated for the Agreement Coverage Term is reached, or when the
additional miles indicated for the Agreement Coverage Term are registered on the odometer, whichever occurs first. IF THIS AGREEMENT WAS PURCHASED AFTER THE TIME-OF-SALE OF THE COVERED
VEHICLE AND THE COVERED VEHICLE WAS NO LONGER COVERED BY THE ORIGINAL MANUFACTURER’S WARRANTY WHEN YOU PURCHASED THIS AGREEMENT, THEN A MANDATORY WAITING
PERIOD OF THE LESSER OF 30 DAYS OR 1,000 MILES, WHICHEVER OCCURS FIRST, WILL APPLY BEFORE YOUR COVERAGE BEGINS. HOWEVER, AN ADDITIONAL 30 DAYS AND 1,000 MILES WILL
BE ADDED TO THE AGREEMENT’S SCHEDULED EXPIRATION. THEREFORE THE WAITING PERIOD WILL NOT REDUCE THE ACTUAL TIME/MILEAGE DURING WHICH YOU HAVE COVERAGE.
Coverage Plan:
Agreement Purchase Date
Agreement Retail Price $
Platinum
Silver
Powertrain
Deductible $
(If no deductible is listed, the $0 deductible will apply)
Optional coverages subject to a surcharge:
Optional Light Duty Commercial Use Coverage
Optional Lift Kit/Tire Modification Coverage
Optional Canadian Grey Market Vehicle Coverage
(By checking this box, Customer acknowledges that the Covered Vehicle will be used for a purpose defined under the Light Duty Commercial Use
Coverage section. Coverage for Light Duty Commercial Use is excluded, unless this box is selected and the applicable surcharge is paid by Customer.)
(By checking this box, Customer acknowledges that they are electing to purchase the optional Lift Kit/Tire Modification Coverage as defined
herein. Coverage for Lift Kit/Tire Modifications is excluded, unless this box is selected and the applicable surcharge is paid by Customer.)
(By Checking this box, Customer acknowledges that the Covered Vehicle is considered to be a Canadian Grey Market vehicle. Coverage for Canadian
Grey Market vehicles is excluded, unless this box is selected and the applicable surcharge is paid by Customer.)
THE PURCHASE OF THIS BUICK PROTECTION PLAN AGREEMENT IS OPTIONAL, AND WILL NOT BE A FACTOR IN THE PURCHASE/LEASE PROCESS OR THE CREDIT
APPROVAL PROCESS. NEITHER THE EXTENSION OF CREDIT/PAYMENT PLAN, THE TERMS OF THE CREDIT/PAYMENT PLAN NOR THE TERMS OF THE RELATED MOTOR
VEHICLE SALE OR LEASE MAY BE CONDITIONED UPON THE PURCHASE OF THIS AGREEMENT. THIS AGREEMENT IS NOT AN INSURANCE CONTRACT. THIS IS NOT AN
AUTOMOBILE LIABILITY OR PHYSICAL DAMAGE INSURANCE POLICY. SEE IMPORTANT TERMS AND CONDITIONS ON THE FOLLOWING PAGES.
I (Customer), whose signature appears below, acknowledge that the information contained above is, to the best of my knowledge, true. I have read this Buick Protection Plan
Vehicle Service Contract (“Agreement”) in its entirety and I understand and agree to all of the provisions, terms, and conditions contained herein, including the
exclusions, cancellation and transfer sections which are available electronically at addedprotection.info/3GXBIkw scanning the QR code, or in paper copy from the
Seller upon request. I agree to purchase this Agreement in exchange for payment of the Agreement Retail Price shown above. I understand that this Agreement has been
issued in accordance with the information contained on this Registration Page. I agree that the Agreement Coverage Term begins to run in accordance with Section 3.A.,
even though any components or parts covered by a manufacturer, supplier, or other warranty are NOT covered by this Agreement until the expiration of the
manufacturer’s, supplier’s, or other applicable warranty. I understand that my Agreement Coverage Term includes any periods of applicable manufacturer’s
warranties. I understand that prior authorization from the Administrator is required on repairs covered by this Agreement.
I further understand that any Mechanical Breakdown, loss, or damage that results from a Pre-Existing
Condition is not covered by this Agreement.
THE TERMS AND CONDITIONS CONTAINED HEREIN ARE THE FULL AND COMPLETE AGREEMENT BETWEEN THE PARTIES. NO ORAL
REPRESENTATION OR STATEMENT SHOULD BE RELIED UPON BY YOU.
NEVADA CUSTOMERS ONLY: By initialing this box, You acknowledge that this Agreement contains an Arbitration provision, that You have read and understand Section 11, Arbitration, and
affirmatively agree to the terms contained therein.
WASHINGTON CUSTOMERS ONLY: By initialing this box, I acknowledge that I have read, understand and agree to the terms and conditions of this Agreement. I have reviewed
with the Seller the sections of this Agreement titled: SECTION 4. AGREEMENT COVERAGE, SECTION 3. GENERAL AGREEMENT TERMS A. AGREEMENT COVERAGE
TERM, SECTION 4. AGREEMENT COVERAGE A. COVERED PARTS, SECTION 5. EXCLUSIONS FROM COVERAGE, SECTION 6. HOW TO FILE A CLAIM, SECTION 7.
YOUR RESPONSIBILITIES, SECTION 3. GENERAL AGREEMENT TERMS F. DEDUCTIBLE AND UNCOVERED COSTS, SECTION 8. TRANSFER, SECTION 9.
CANCELLATION, AND SECTION 12. STATE-SPECIFIC AMENDMENTS, WASHINGTON, IMPLIED WARRANTY OF MERCHANTABILITY.
Customer Signature
Date
Co-Buyer Signature
Date
Seller Signature
Date
Obligor: GM Protections, LLC, 801 Cherry Street, Suite 3500, Fort Worth, TX 76102, 833-959-0104.
Administrator: SAFE-GUARD PRODUCTS INTERNATIONAL, LLC, Two Concourse Parkway, Suite 500, Atlanta, GA 30328, 833-959-0104• In Florida, the Administrator
is Safe-Guard Warranty Corporation, Florida License Number 60126, Two Concourse Parkway, Suite 500, Atlanta, GA 30328, 833-959-0104
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Make copies and distribute to: Customer, Dealer, Lender/Lessor, Administrator
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Buick Protection Plan Terms & Conditions
1. INTRODUCTION AND PARTIES
A. The vehicle service contract obligations arising out of the Buick
Protection Plan Vehicle Service Contract (“Agreement”) are between
GM Protections, LLC, (Florida License Number [TBD]; Oklahoma
License Number [TBD]) the service contract provider (hereinafter
referred to as “Obligor,” “Provider,” “We,” “Us,” and “Our”), and the
Customer whose information appears on the Registration Page
(hereinafter referred to as “Customer,” “You,” and “Your”). For
administration and claims assistance, please contact the
Administrator at 833-959-0104.
2. DEFINITIONS
For the purpose of this Agreement, the following terms shall mean:
A. Administrator means Safe-Guard Products International, LLC, Two
Concourse Parkway, Suite 500, Atlanta, GA 30328, 833-959-0104,
except in Florida where the Administrator is Safe-Guard Warranty
Corporation, Florida License Number 60126.
B. Agreement means this vehicle service contract which You have
purchased from the Seller.
C. Agreement Coverage Term means the length of time or the number
of miles, whichever occurs first, for which this Agreement is in effect,
as shown on the Registration Page.
D. Consequential Damage means an event or damage that occurs
separately as a consequence or result of the failure of any part, such
as loss of time or use, inconvenience, commercial loss, personal
injury or property damage.
E. Coverage Plan means the coverage plan You selected on the
Registration Page (Platinum, Silver, or Powertrain).
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F. Covered Part means any original or like replacement part which is
not specifically excluded from coverage in Section 5, Exclusions
from Coverage.
G. Covered Vehicle means the vehicle which is covered by this
Agreement, as described on the Registration Page. Under this
Agreement, the Covered Vehicle must be a Buick.
H. Current Odometer Reading means the number of miles shown on
the Covered Vehicle’s odometer on the Agreement Purchase Date.
I.
Customer, You, Your mean the individual described on the
Registration Page (the purchaser/lessee of the Covered Vehicle) or
the individual to whom this Agreement was properly transferred.
J.
Dealer if applicable, means the automotive dealership described on
the Registration Page that sold/leased the Covered Vehicle.
K. Deductible means the amount You are required to pay, as listed on
the Registration Page, towards the repair cost of a covered
Mechanical Breakdown.
L. Grey Market means the Covered Vehicle was manufactured for and
originally introduced in the Canadian marketplace. Coverage is only
provided for Canadian Grey Market vehicles if you selected the
Optional Canadian Grey Market Vehicle Coverage on the
Registration page.
M. Incidental Damages means any damages or costs incurred by You
after a Mechanical Breakdown in an effort to avoid additional loss.
N. Light Duty Commercial Use means a vehicle owned and used by
an individual for ride share purposes or a company or pool vehicle
used for the following commercial purposes: business travel, site
inspection, light delivery, service or repair, and snow removal,
provided that the Covered Vehicle is equipped for snow removal, as
recommended by the manufacturer. Light Duty Commercial Use is
considered to be a Prohibited Commercial Purpose, unless the
Optional Light Duty Commercial Use box was selected on the
Registration Page. If you selected the Optional Light Duty
Commercial Use Coverage box on the Registration Page, please
see Section 3(B)(2), Light Duty Commercial Use Coverage.
O. Mechanical Breakdown means (i) the operational or structural
failure of a Covered Part due to a defect in materials or workmanship
or (ii) the failure of a Covered Part due to a gradual reduction in
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P. Payment Plan Provider means the entity through which the
purchase of this Agreement is financed, as listed on the Registration
Page.
Q. Permitted Commercial Purpose means a commercial purpose
generally categorized as “professional.” A Permitted Commercial
Purpose is generally limited to using the Covered Vehicle for
transportation to and from commercial work-related activities,
including, but not limited to: vehicles used by a single driver for
sales/services (e.g. real estate, cleaning services, home health/aide
care services, gardening, electrician, carpenter and plumber). If You
selected the Optional Light Duty Commercial Use Coverage box on
the Registration Page, please see Section 3(B)(2), Light Duty
Commercial Use Coverage.
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B. Subject to the terms and conditions of this Agreement, We, in return
for payment of the Agreement Retail Price, agree to cover the
approved costs to repair, or to reimburse You for the approved costs
of parts and labor (not to exceed the manufacturer’s suggested retail
price for part(s) and labor allowances as listed in a nationally
recognized parts and labor guide, such as Mitchell or Alldata), to
repair or replace a Covered Part due to a Mechanical Breakdown,
subject to the terms, conditions, and limitations herein.
operating performance as a result of normal wear and tear, prior to
the expiration of the Agreement Coverage Term. A Covered Part has
failed when it can no longer perform the function for which it was
designed solely because of its condition and not because of the
action or inaction of any non-covered parts.
R. Pre-Existing Condition means a condition that, within all
reasonable probability, existed in or on the Covered Vehicle prior to
the Agreement Purchase Date.
S. Prohibited Commercial Purpose means a commercial purpose
other than a Permitted Commercial Purpose. A Prohibited
Commercial Purpose generally involves using the Covered Vehicle
to perform commercial work-related functions, including, but not
limited to: hauling, construction work, principal off-road use, pickup
and/or delivery service, daily rentals, livery, carrying passenger for
hire (taxi, limousine, or shuttle services), ride share vehicles, towing
or road service operations, government/military use, law
enforcement, fire, ambulance or other emergency services,
snowplowing, company pool use, or if the Covered Vehicle is both
registered/titled in a company’s name and may be used by multiple
drivers. If You selected the Optional Light Duty Commercial Use
Coverage box on the Registration Page, please see Section 3(B)(2),
Light Duty Commercial Use Coverage.
T. Registration Page means the first page of this Agreement. It lists
information regarding You, the Covered Vehicle, the Coverage Plan
selected, and other pertinent information.
U. Seller means the automotive dealership or other person or entity
described on the Registration Page that sold this Agreement to the
Customer.
V. Waiting Period means the lesser of 30 days or 1,000 miles,
whichever occurs first, from the purchase date of this
Agreement if such date differs from the purchase date of the
Covered Vehicle and the Covered Vehicle was no longer
covered by the original manufacturer’s warranty when You
purchased this Agreement. No claims incurred during the
Waiting Period are covered under this Agreement.
W. We, Us, Our, Provider, Obligor mean GM Protections, LLC, Florida
License Number [TBD]; Oklahoma License Number [TBD], 801
Cherry Street, Suite 3500, Fort Worth, TX 76102, 833-959-0104.
3. GENERAL AGREEMENT TERMS
A.
Agreement Coverage Term
If You purchased this Agreement on the same day as the Covered
Vehicle, then Coverage under this Agreement begins on the
Agreement Purchase Date. The Agreement Coverage Term in
months/miles, as listed on the Registration Page, will expire when
(i) the number of additional months listed has been reached, as
measured from the Agreement Purchase Date, or (ii) when the
number of additional miles listed has been reached, as measured
from the Current Odometer Reading, whichever occurs first. If You
purchased this Agreement after the date that You purchased
the Covered Vehicle, then Coverage under this Agreement
begins after the expiration of the Waiting Period. However, an
additional 30 days and 1,000 miles will be added to the
Agreement Coverage Term so that You will not experience any
reduction in the time or mileage that You selected at the time
of purchasing this Agreement. This Agreement may be replaced
upon expiration in accordance with the guidelines outlined in the
Agreement. A request for replacement must be made at least thirty
(30) days and/or one thousand (1,000) miles before the expiration
of the Agreement to qualify for a replacement agreement. Please
see Dealer for details and current pricing.
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Buick Protection Plan Terms & Conditions
B.
100 miles, You may contact the Administrator for assistance
in changing Your Selling Dealer designation. If the same
Covered Part previously repaired under this Agreement fails
again, the deductible will be waived.
Commercial Use
1. The Covered Vehicle may be used for any Permitted
Commercial Purpose. Light Duty Commercial Use is
considered to be a Prohibited Commercial Purpose, unless the
Optional Light Duty Commercial Use box was selected on the
Registration Page. If You selected the Optional Light Duty
Commercial Use box on the Registration Page, the Covered
Vehicle may be used for any Light Duty Commercial Use,
provided that the Covered Vehicle is eligible for this coverage,
as described in Section 3(B)(2), Light Duty Commercial Use
Coverage, below. The Covered Vehicle may not be used for
any Prohibited Commercial Purpose.
G.
Miscellaneous
1.
If You have any questions regarding this Agreement, You
should contact the Seller or the Administrator.
2.
This Agreement will be governed by the laws of the state in
which it was sold, unless state law requires otherwise.
3.
No amendment, supplement, or waiver of any provision of this
Agreement will be binding against Us unless it is in writing and
signed by one of the authorized representatives at Our home
office.
4.
We may delegate the performance of Our duties and
obligations and assign Our rights and benefits hereunder, and
if required by state law, We will provide you with notice of the
identity of the delegate or assignee.
5.
Our right to recover payment (subrogation): If We make any
payment under this Agreement and You have a right to
recover against another party, Your rights shall become Our
rights and You shall do whatever is reasonably necessary to
enable Us to enforce these rights. We will not pay for a loss if
You impair Our rights to recover. Your rights to recover from
others may not be waived. Our subrogation rights become
effective after You are made whole.
6.
Your help and cooperation is required if We ask You to help
Us enforce Your rights against any manufacturer or repair
facility who may be responsible to You for the cost of repairs
covered by this Agreement.
7.
This Agreement is not an insurance policy, a warranty, or
a guarantee.
2. LIGHT DUTY COMMERCIAL USE COVERAGE: If You
C.
Payments
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selected the Optional Light Duty Commercial Use Coverage
box on the Registration Page, the Covered Vehicle may be
used for Light Duty Commercial Use, provided that the Covered
Vehicle is eligible for this coverage. Coverage for Light Duty
Commercial Use is excluded, unless the Optional Light Duty
Commercial Use Coverage box is selected on the Registration
Page and the applicable surcharge is paid by Customer.
Eligible usage is limited to ride share vehicles and company or
pool vehicles used for business travel, site inspection, light
delivery, service or repair, and snow removal, provided that the
Covered Vehicle is equipped for snow removal, as
recommended by the manufacturer. Cab/chassis, cutaways,
stripped chassis, incomplete vehicles, branded vehicles, and
any vehicles exceeding one (1) ton capacity are not eligible for
coverage.
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The repair facility should perform authorized repairs covered under
this Agreement without any charge to You for such repairs. If the
repair facility does charge You for authorized repairs covered under
this Agreement, submit copies of all invoices and receipts
pertaining to the authorized repairs, along with a copy of the
Registration Page to: Administrator, Safe-Guard Products
International, LLC, Two Concourse Parkway, Suite 500, Atlanta,
GA 30328. The amount We will pay for authorized repairs is
limited to the reasonable and customary charges for parts and
labor necessary to repair or replace the Covered Parts. These
charges shall not exceed the manufacturer’s suggested retail
price for parts and labor as listed in a nationally recognized
parts and labor guide, such as Mitchell or Alldata.
D.
Our Options
Administrator will pay the repair facility directly, or reimburse You
for the repair or replacement of any part covered by this Agreement.
Replacement parts utilized in covered repairs will be OEM new
or remanufactured parts, unless unavailable; in which case
We may use parts of like kind and quality.
E.
Limits of Liability
For any one repair visit, all benefits paid or payable shall not
exceed the actual cash value of the Covered Vehicle at the
instant prior to the event requiring the immediate repair visit.
The aggregate total of all benefits paid or payable during the
Agreement Coverage Term shall not exceed the price You paid
for the Covered Vehicle. Administrator may require You to
provide proof of the price You paid for the Covered Vehicle if
You purchased this Agreement on a different date than You
purchased the Covered Vehicle. The payment or
reimbursement for repair or replacement of Covered Parts and
the benefits stated under RENTAL CAR COVERAGE, 24 HOUR
ROADSIDE ASSISTANCE, and TRIP INTERRUPTION BENEFIT,
are the only remedies available to You. We assume no other
obligation or responsibility with regard to the Covered Vehicle.
We neither assume, nor authorize anyone to assume for Us,
any additional liability.
F.
Deductible and Uncovered Costs
For each repair visit to which You apply benefits hereunder,
You will be responsible for the deductible amount listed on the
Registration Page, and for any other costs not covered by this
Agreement. If no deductible is listed on the Registration Page,
the deductible will be $0. If You select a disappearing
deductible as listed on the Registration Page and You return
to the Dealer to have covered repairs made, the deductible will
be waived. Should Your permanent residence move more than
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4. AGREEMENT COVERAGE
A.
Covered Parts
In the event of a Mechanical Breakdown of a Covered Part, We
agree to cover the approved costs to repair or to reimburse You for
the approved costs of parts and labor (not to exceed the
manufacturer’s suggested retail price for part(s) and labor
allowances as listed in a nationally recognized parts and labor
guide, such as Mitchell or Alldata) to repair or replace a Covered
Part, less any applicable deductible, subject to the terms,
conditions, and limitations herein. This Agreement may provide
certain coverages which may already be included in the applicable
manufacturer’s warranty. IF THE MECHANICAL BREAKDOWN,
ROADSIDE EVENT OR TRIP INTERRUPTION BENEFIT
COVERED UNDER THIS AGREEMENT IS ALSO COVERED
UNDER ANY OTHER WARRANTY, ROADSIDE ASSISTANCE
PROGRAM, SERVICE POLICY, RECALL, OR REPAIR
ADJUSTMENT (“OTHER COVERAGE”), AND IF SUCH OTHER
COVERAGE IS LESS THAN THE COVERAGE PROVIDED
HEREUNDER, WE WILL PAY THE DIFFERENCE, IF ANY,
BETWEEN THE PAYMENTS DUE UNDER THIS AGREEMENT
AND THE PAYMENTS DUE UNDER THE OTHER COVERAGE.
Coverage Plans: There are three coverage plans (Powertrain,
Silver, and Platinum) described in this Agreement. The coverage
plan that applies to the Covered Vehicle is determined by the
Coverage Plan You selected and purchased, which is identified on
the Registration Page.
POWERTRAIN COVERAGE PLAN
Includes coverage for only the following Covered Parts:
ENGINE: Engine block and cylinder heads and all internally
lubricated parts including pistons, piston rings, pins and cylinder
sleeves; crankshaft, pulley, main bearings, caps and bolts;
connecting rods and rod bearings; camshaft(s), camshaft bearings,
buttons and plugs; timing gears and timing chain or belt and
tensioner; rocker arms, rocker arm pivots, shafts and bushings;
intake and exhaust valves, springs, guides, adjusters, retainers and
seats; pushrods and lifters; intake manifold; exhaust manifolds;
balance shaft; water pump; fuel pump; thermostat and thermostat
housing; oil pump, cover, gears, pressure relief valve and screen;
rotor housing, rotors, shims and silent shaft; all internal fasteners,
nuts and bolts; turbocharger/supercharger assembly including
boost valve and wastegate; seals and gaskets. Oil pan; valve,
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Buick Protection Plan Terms & Conditions
timing and side covers; water pump pulley; engine mounts;
harmonic balancer; flex plate/ flywheel and ring gear; engine oil
cooler; boost pressure control, recirculation and blow-off valve.
Engine oil cooling hoses and lines; parts of the emissions reduction
system such as the emissions reduction fluid tank, injectors,
sensors including NOx and exhaust, and the exhaust particulate
filter. Glow plug control system: control/glow plug assembly, glow
plugs, cold advance relay, and engine control module. The fuel
injection control module, integral oil cooler, transmission adapter
plate, common fuel rails, fuel filter assembly, fuel temperature
sensor, and function block.
ELECTRICAL: Alternator housing and all internal parts including
bearings, bushings, brushes, rectifier bridge, diodes, field coil and
rotor; alternator mounting bracket; voltage regulator; starter motor
housing and all internal parts including bushings, brushes, field
windings, starter drive and solenoid; Front and rear wiper motor,
transmission and linkage; power window motor; window regulators;
power seat motor; steering column multifunction switch and
individual switches for turn signal, headlamp, dimmer, wiper,
washer and speed control; mirror motor switch; brake light switch;
neutral safety switch; glove box light switch; courtesy light switch;
cooling fan relay; air control solenoid; air regulator valve; I.A.C.
motor; electronic ignition module; ignition lock cylinder; electronic
instrument panel module; ignition coil; engine distributor including
shaft, gear, bushings and modules; throttle position sensor; vehicle
speed sensor; M.A.P. sensor; knock sensor and barometric
pressure sensor; Cruise control module, servo, cables and
switches; instrument cluster including speedometer, odometer,
tachometer and all gauges, warning indicators; alarm system or
electronic entry systems including remote entry receiver, sender
and module; door lock actuators; mirror motor; power window
switch; power lock switch; rear window defogger; horn and relay;
convertible top motor; sunroof motor; electrical headlamp motor;
power trunk/hatch release motor, switch and solenoid; power
sliding door motor and switch; engine and suspension electronic
control modules including body control module, electronic control
unit, powertrain control module, transmission control module;
electronic throttle body/control module; crank angle sensor;
camshaft position sensor; throttle position motor; fuel pulse
damper; wide open throttle switch; thermo time switch; fuel pump
relay; ride height sensor and relay; oxygen (O2) sensor; mass air
flow sensor; manifold differential pressure sensor; coolant
temperature sensor; windshield washer pump; oil pressure sending
unit; temperature sending unit; manually-operated switches
TRANSMISSION/TRANSAXLE/TRANSFER CASE:
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Transmission/transaxle case and all internally lubricated parts
including ring and pinion gears; oil pump, cover, gears, housing and
vanes; torque converter; valve body(s); throttle valve; valve pack;
governor, gear and cover; parking gear and pawl; roll pins; sprags;
sprockets; chain; springs; stator and shaft; pressure regulator
valve; pressure switches; solenoids; bands; automatic
transmission/transaxle clutch, drums, pistons and steel plates;
planetary and sun gears; servos and rings; blockers; synchronizer
hubs and keys; bearings; bushings; supports and shafts; control
rings; yoke; extension housing; speedometer drive gears
accumulators and rings; adjusters; all internal fasteners, nuts and
bolts; shift cover and forks; separate bell housing transfer case and
all internal parts contained within the transfer case; seals and
gaskets. Oil pan; TVI/throttle cable; transmission mounts,
transmission oil cooler; transmission cooler hose. (STANDARD
TRANSMISSION
CLUTCH
ASSEMBLIES
AND
ALL
COMPONENT PARTS ARE NOT COVERED)
DRIVE AXLE: Differential/axle housing(s) and all internally
lubricated parts including the axle flange; ring and pinion
gear/carrier assembly; spider gears and bearings; pins; retainers;
limited slip clutches, plates and springs; cover; seals and gaskets.
Constant velocity joints; slip joint; front wheel drive axles/halfshafts
and wheel bearings; u-joints; couplings; flex disc; prop shafts;
center support bearings.
STEERING: Gear housing, rack and pinion, internal steering rack
seals, and all internal components; power steering pump and pump
seal; power steering lines/hoses; tilt wheel mechanism; steering
linkage; idler arm; tie rod ends; pitman arms; center link; steering
dampener; steering column shafts, joints and couplings.
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HYBRID/ELECTRIC COMPONENTS: Hybrid electric motor; hybrid
electric motor clutch; hybrid electric motor clutch actuator; hybrid
electric transmission oil pump (including control module); seals and
gaskets; inverter/converter/transformer units (including all internal
components and cover); continuously variable transmission
(including all internal components); power split device (including all
internal components); reduction/reducer box (including all internal
components). Fully electric vehicles are not eligible for
coverage under this Agreement.
BRAKES: Master cylinder and seals; wheel cylinders and seals;
disc brake calipers; power brake booster; hydraulic brake lines,
fittings and valves; parking brake linkage and cables; anti-lock
brake system: electronic control unit, wheel / speed sensor(s),
valve(s), hydraulic unit, accumulator, modulator, and actuator(s);
linkage and hardware (backing plates, caliper mounting pins, etc.).
Any part or component not listed above WILL NOT be covered
and is specifically excluded by the Silver Coverage Plan,
regardless of whether the damage to the non-covered part is
caused by a Covered Part.
Any part or component not listed above WILL NOT be covered
and is specifically excluded by the Powertrain Coverage Plan,
regardless of whether the damage to the non-covered part is
caused by a Covered Part.
PLATINUM COVERAGE PLAN
Includes coverage for all Covered Parts listed under the Powertrain
and Silver coverage plans, plus ANY OTHER MECHANICAL
BREAKDOWN EXCEPT for those items listed in the sections
“Exclusions from Coverage” (Section 5) and “Limits of
Liability” (Section 3(E)). All other terms and conditions of this
Agreement remain unchanged. If a Covered Part causes damage
to a non-covered part or component, the repair or replacement
costs associated with the non-covered part or component are
covered under the Platinum Plan.
SILVER COVERAGE PLAN
Includes all Covered Parts covered under the POWERTRAIN
Coverage Plan, plus the following additional Covered Parts:
FRONT SUSPENSION: Upper and lower control arms, shafts and
bushings; struts, shock absorbers, housing and cartridge;
spindle/steering knuckle and spindle support. Wheel bearings; ball
joints and bushings; stabilizer bar, links and bushings; torsion bar,
mounts and bushings; track bar, links and bushings; tension
rods/radius arm and bushings. Coil and leaf springs, seats and
bushings, electronic level control components including pump,
accumulator, lines and bags.
B.
We will pay for reasonable, necessary and customary diagnostic
charges incurred in conjunction with a covered repair, not to exceed
the labor time listed in a nationally recognized parts and labor guide
such as Mitchell or Alldata. DIAGNOSTIC/TEARDOWN TIME
WILL NOT BE PAID IF THE DIAGNOSIS IDENTIFIES A
MECHANICAL BREAKDOWN THAT IS NOT COVERED UNDER
THIS AGREEMENT OR FOR THOSE CONDITIONS WHERE THE
PROPER REPAIR IS READILY APPARENT TO THE NORMAL
SENSES OF SIGHT, TOUCH, SMELL AND/ OR SOUND.
REAR SUSPENSION: Upper and lower control arms, shafts and
bushings; upper and lower ball joints; struts, shock absorbers,
housing and cartridge; wheel bearings; spindle/steering knuckle
and spindle support; coil springs, seats and bushings, track bars,
links and bushings; electronic level control components including
pump, accumulator, lines, bags; stabilizer bar, links and bushings.
CLIMATE CONTROL: Condenser; compressor; evaporator;
orifice/expansion; seals and gaskets. Accumulator; receiver drier;
manual climate control unit; clutch assembly including coil, disc and
pulley; control cables; cutoff switch; serpentine belt tensioner,
bearing and pulley. Compressor mounting brackets; idler pulley
and bearings; air conditioning/heater blower motor; pressure lines
and hoses; heater core.
BUVSC 10/22
Diagnostics Coverage (included with the Platinum, Silver and
Powertrain Coverage Plans)
C.
Fluid Coverage (included with the Platinum, Silver and
Powertrain Coverage Plans)
We will pay for replacement of necessary fluid, oil, grease, lubricant
and approved air conditioning refrigerant that must be
replaced in conjunction with a covered repair. THIS
COVERAGE DOES NOT APPLY TO SHOP SUPPLIES.
Page 4 of 16
Buick Protection Plan Terms & Conditions
D.
Rental Car Coverage (included with the Platinum, Silver and
Powertrain Coverage Plans)
may be reimbursed for one or more of the expenses listed if
incurred within three (3) days (seventy-two (72) hours) following the
disablement. Reimbursable charges include lodging, meals, and
transportation, including airline and car rentals, incurred in the
vicinity where the disablement occurred. For reimbursement of
expenses, please forward a copy of all paid receipts to 13901
Midway Road, Suite 102-429, Dallas, TX 75244-4388. This
information must be forwarded within sixty (60) days of the
disablement. You must provide Your name, a copy of this
Agreement, and Your complete address and phone number.
You will be allowed up to forty ($40) dollars per day for a maximum
of ten (10) days for car rental expenses incurred, if required due to
a covered Mechanical Breakdown. You are responsible for
obtaining the rental car, and rental car expenses incurred must be
from a licensed rental car agency or authorized dealer. We will then
reimburse You or, if possible, the authorized dealer. RENTAL CAR
REIMBURSEMENT IS NOT PROVIDED FOR SHOP
SCHEDULING OR WORK NOT COVERED BY THIS
AGREEMENT. YOU MUST RECEIVE PRIOR AUTHORIZATION
FOR RENTAL EXPENSES. RENTAL REIMBURSEMENT IS
LIMITED TO DOWNTIME REPAIRS AND ENDS ON THE DATE
OF REPAIR COMPLETION.
24 Hour Roadside Assistance (included with the Platinum,
Silver and Powertrain Coverage Plans)
PL
E
E.
24 Hour Roadside Assistance is available on a “Sign & Drive” basis
up to one hundred ($100) dollars per occurrence throughout the
United States and Canada 24 hours a day, 365 days a year. For
prompt service, simply call 888-290-4616 for any of these benefits:
1.
Towing Assistance: When towing is necessary, as a result
of a mechanical breakdown, the Covered Vehicle will be
towed to the nearest registered service facility or location of
Your choice, up to the benefit limit of one hundred ($100)
dollars per occurrence.
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 Covered Vehicle’s spare
tire.
4.
Fuel Service: Up to three (3) times per calendar year, an
emergency supply of up to three (3) gallons of fuel will be
delivered at no additional cost.
5.
Oil, Fluid, and Water Delivery Service: An emergency
supply of oil, fluid or water will be delivered if You are in
immediate need. Payment for these fluids is Your
responsibility, due upon delivery.
G.
“Sign & Drive” means You incur no out-of-pocket expense. 24 Hour
Roadside Assistance benefit limits are available up to a maximum
of one hundred ($100) dollars per incident during the Agreement
Coverage Term. All service fees exceeding this maximum
benefit are Your responsibility. Only service requests
provided through the phone number listed below will be
honored. Services are not available in areas where state
providers are exclusively utilized. For service please call 888290-4616. When calling for service, please be prepared to
provide Your name (as listed on the Registration Page) and the
last 7 of the VIN (Vehicle Identification Number) of the Covered
Vehicle. The VIN is located on the Registration Page, on Your
Auto Insurance card, inside the driver’s side door, or on the
lower part of the dash board on the driver’s side of the
Covered Vehicle.
24 Hour Roadside Assistance Exclusions: Expenses for
mechanical breakdowns caused by collision, fire, electric fire
or meltdown, theft, freezing, vandalism, riot, explosion,
lightning, earthquake, wind storm, hail, water, flood or acts of
the 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 for the
Covered Vehicle.
Trip Interruption Benefit (included with the Platinum, Silver
and Powertrain Coverage Plans)
5. EXCLUSIONS FROM COVERAGE
THIS AGREEMENT WILL NOT PAY OR REIMBURSE YOU FOR:
A.
ANY LOSS, DAMAGE OR EXPENSE CAUSED BY ACCIDENTS,
ANY ALTERATIONS OR ADDITIONS TO THE COVERED
VEHICLE OR THE PART, USE OF OVERSIZED OR
UNDERSIZED TIRES OR WHEELS, ALTERATIONS OR
ADDITIONS TO THE COVERED VEHICLE NOT AUTHORIZED
BY ITS MANUFACTURER, ANY NONMANUFACTURER/NONFACTORY INSTALLED PARTS, THE FAILURE OF ANY PART
NOT COVERED BY THIS AGREEMENT, ACCIDENTAL LOSS;
B.
ANY LOSS, DAMAGE OR EXPENSE ASSOCIATED WITH ANY
INSTALLED AFTERMARKET PRODUCTS OR DEVICES NOT
APPROVED BY THE COVERED VEHICLE’S MANUFACTURER;
C.
ANY MECHANICAL BREAKDOWN CAUSED BY ACCIDENTS,
COLLISION, UPSET DAMAGE, FALLING OBJECTS, THEFT,
LARCENY, EXPLOSION, LIGHTNING, EARTHQUAKES, FIRE,
WINDSTORMS, HAIL, WATER, FLOODS, SUBFREEZING
TEMPERATURE, MALICIOUS MISCHIEF, VANDALISM, CIVIL
COMMOTION, RIOTS, WARS, TERRORISM, CIVIL UNREST;
D.
THAT PORTION OF THE COST TO REPAIR OR REPLACE A
COVERED PART WHICH IS COVERED BY ANY
MANUFACTURER WARRANTY OR ANY OTHER COVERAGE
OR OTHER REASON THE MANUFACTURER, IMPORTER,
DISTRIBUTOR, SELLER OR REPAIRER OF THE COVERED
VEHICLE WILL REPAIR OR REPLACE THE PART AT ITS
EXPENSE OR AT A REDUCED COST;
E.
ANY INVOICE PRESENTED TO US OR THE ADMINISTRATOR
FOR PAYMENT FOR SERVICES NOT PERFORMED AS
DESCRIBED AT THE TIME OF AUTHORIZATION;
F.
ANY CLAIM IF THE COVERED VEHICLE’S ODOMETER, SINCE
THE AGREEMENT PURCHASE DATE, HAS BEEN ALTERED,
DISCONNECTED, IS INOPERABLE, OR ACTUAL MILEAGE
CANNOT BE DOCUMENTED, OR REASONABLY BE
ESTIMATED;
G.
ANY CLAIM IF THE COVERED VEHICLE IS USED FOR
COMPETITIVE DRIVING OR RACING, OR FOR A PROHIBITED
COMMERCIAL PURPOSE, UNLESS YOU HAVE SELECTED
THE OPTIONAL LIGHT DUTY COMMERCIAL USE COVERAGE
ON THE REGISTRATION PAGE, AND THE COVERED VEHICLE
QUALIFIES FOR SUCH COVERAGE, IN WHICH CASE THE
The Trip Interruption Benefit is not available to residents of
New York.
If the Covered Vehicle suffers a mechanical breakdown, and is one
hundred (100) miles or more away from Your residence, and the
repair is delayed overnight due to the unavailability of required
parts, You may qualify for reimbursement up to a one thousand
($1,000) dollar maximum (two hundred ($200) dollars per day for
up to five (5) days) for emergency travel expenses incurred. You
BUVSC 10/22
Lift Kit/Tire Modification Surcharge
Mid-size SUVs and trucks are allowed up to a 4 inch lift and a tire
modification of up to 33 inches. Full-size trucks and SUVs are
allowed up to a 6 inch lift and a tire modification of up to 35 inches.
For vehicles with tire modifications including oversized rims, this
surcharge allows for a up to a 2 inch increase in rim diameter. In
order to be eligible for this surcharge, the lift kits/tire modifications
must be installed by the manufacturer or authorized dealer at the
point of purchase/lease of the Vehicle. The Lift Kit/Tire
Modification surcharge must be selected on the Information
Schedule. The odometer must be recalibrated to reflect the
true mileage due to the modification in order for Your Vehicle
to be eligible for coverage. Any modification to Your Vehicle
that voids the original manufacturer's warranty will not be
covered by this Service Contract.
Lockout Assistance: If Your keys are locked inside the
Covered Vehicle, assistance will be provided in gaining entry
to the Covered Vehicle.
SA
M
6.
F.
Trip Interruption Benefit Exclusions: Expenses for mechanical
breakdowns, expenses incurred due to theft of the Covered
Vehicle, expenses incurred outside of the 72-hour time limit,
meals and lodging not purchased in the vicinity of where the
Covered Vehicle is repaired or purchases from a provider not
customarily in the business of selling such services, expenses
incurred in the name of someone other than You or Your
spouse, telephone calls, photocopying fees, and expenses not
specifically identified above as covered.
Page 5 of 16
Buick Protection Plan Terms & Conditions
COVERED VEHICLE IS ELIGIBLE FOR THE USES DESCRIBED
IN SECTION 3(B)(2), LIGHT DUTY COMMERCIAL USE
COVERAGE;
H.
I.
ANY MECHANICAL BREAKDOWN CAUSED BY MISUSE,
ABUSE, NEGLIGENCE, IMPROPER TOWING, LACK OF
MAINTENANCE OF THE FAILED COVERED PART (IF LACK OF
MAINTENANCE CAUSED OR CONTRIBUTED TO THE
MECHANICAL BREAKDOWN);
ANY
MECHANICAL
BREAKDOWN
CAUSED
BY
CONTAMINATION, OVERHEATING, LACK OF COOLANT OR
LUBRICANTS, LACK OF OIL VISCOSITY, SLUDGE,
RESTRICTED OIL FLOW, SALT, RUST AND RUST DAMAGE,
ENVIRONMENTAL DAMAGE, CHEMICALS;
THE NEED TO REPAIR OR REPLACE A COVERED PART
ARISING OR RESULTING FROM THE USE OF THE COVERED
VEHICLE OUTSIDE OF THE UNITED STATES, ITS
TERRITORIES OR CANADA;
K.
HAZARDOUS
WASTE
DISPOSAL
CHARGES,
ENVIRONMENTAL FEES, STORAGE OR FREIGHT CHARGES,
ADJUSTMENTS, SHOP SUPPLIES, CORE CHARGES, AND
CORRECTION
OF
RATTLES/SQUEAKS/
WIND
NOISE/ODORS/WATER LEAKS;
L.
ANY CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO,
FIRE
DAMAGE),
SECONDARY
DAMAGES
OR
UNREASONABLE COSTS THAT YOU MAY SUFFER AS A
RESULT OF THE NEED TO REPAIR OR REPLACE A PART;
M.
ANY FAILURE OR DAMAGE TO A COVERED PART CAUSED
BY THE FAILURE OF A NON-COVERED PART;
N.
LIABILITY FOR DAMAGE TO PROPERTY, INJURY TO OR
DEATH OF ANY PERSON ARISING OUT OF THE OPERATION,
MAINTENANCE OR USE OF THE COVERED VEHICLE
WHETHER OR NOT RELATED TO THE COVERED PARTS;
ANY MAINTENANCE ON THE COVERED VEHICLE;
U.
ANY PERSONAL EXPENSES (EXCEPT WHERE NOTED
UNDER THE TRIP INTERRUPTION BENEFIT) ARISING
BECAUSE THE COVERED VEHICLE IS NOT AVAILABLE FOR
YOU TO USE;
V.
DAMAGES CAUSED TO YOUR ENGINE RESULTING FROM
THE INGESTION OF WATER THROUGH THE ENGINE AIR
INTAKE SYSTEM (COMMONLY REFERRED TO AS WATER
INGESTION);
W.
IF YOU PURCHASED THIS AGREEMENT AFTER THE DATE
YOU PURCHASED THE COVERED VEHICLE, ANY CLAIMS
OCCURRING DURING THE WAITING PERIOD.
X.
ANY CLAIM RELATING TO LIFT KIT/TIRE MODIFICATION
UNLESS YOU SELECTED THE OPTIONAL LIFT KIT/TIRE
MODIFICATION COVERAGE ON THE REGISTRATION PAGE
AND PAID THE APPLICABLE SURCHARGE.
PL
E
J.
T.
UNDER THE POWERTRAIN AND SILVER COVERAGE PLANS,
ANY PART THAT IS NOT SPECIFICALLY LISTED AS COVERED
UNDER THE COVERAGE PLAN SELECTED;
P.
UNDER THE PLATINUM COVERAGE PLAN, ANY OF THE
FOLLOWING PARTS AND/OR SERVICES: FRICTION CLUTCH
DISC, PRESSURE PLATE AND CLUTCH RELEASE BEARING,
HINGES, GLASS, GLASS FRAMEWORK AND FASTENING
ADHESIVES, LENSES, SEALED BEAMS, BODY PARTS AND/
OR PANELS, ALIGNMENT OF BODY PARTS, FLEXIBLE BODY
PARTS, STRUCTURAL FRAMEWORK, CONVERTIBLE TOP
FRAMEWORK,
STRUCTURAL
WELDS,
REMOVABLE
HARDTOP ASSEMBLIES, BUMPERS, TRIM, MOLDINGS,
DOOR PANELS, DOOR HANDLES, DOOR LOCK CYLINDERS
(OTHER THAN IGNITION LOCK CYLINDERS), TIRES, WHEELS,
WHEEL RIMS, WHEEL COVERS, WHEEL BALANCING, WHEEL
ALIGNMENT (UNLESS THE WHEEL ALIGNMENT IS
REQUIRED FOR THE REPAIR OF A COVERED PART),
BATTERIES (EXCEPT FOR HYBRID/ELECTRIC BATTERIES),
WIPER BLADES, BRAKE PADS AND ROTORS, LIGHTS,
FUSES, BULBS, FILTERS, LUBRICANTS, OR FLUIDS NOT
REPLACED IN CONJUNCTION WITH A COVERED REPAIR,
UPHOLSTERY, VINYL AND CONVERTIBLE TOPS, PAINT,
BRIGHT METAL, SHEET METAL, FREEZE PLUGS, HEATER
AND RADIATOR HOSES, EXHAUST SYSTEM, CATALYTIC
CONVERTER;
SA
M
O.
Y.
IF THE COVERED VEHICLE HAS BEEN MODIFIED TO PLOW
SNOW, WHETHER THE SNOW PLOW BLADE IS ATTACHED
TO THE COVERED VEHICLE OR NOT, ULESS YOU SELECTED
THE OPTIONAL LIGHT DUTY
COMMERCIAL USE
SURCHARGE COVERAGE ON THE REGISTRATION PAGE
AND PAID THE APPLICABLE SURCHARGE.
Z.
IF THE COVERED VEHICLE IS CONSIDERED A GREY MARKET
VEHICLE, UNLESS THE COVERED VEHICLE IS A CANADIAN
GREY MARKET VEHICLE AND YOU SELECTED THE OPTION
CANADIAN
GREY
MARKET
COVERAGE
ON THE
REGISTRATION PAGE AND PAID THE APPLICABLE
SURCHARGE.
AA. IF THE COVERED VEHICLE IS A BRANDED VEHICLE OR
EXCEEDS ONE (1) TON CAPACITY.
BB.
ANY MECHANICAL BREAKDOWN, LOSS,
DAMAGE OR EXPENSE THAT RESULTS
FROM A CONDITION EXISTING ON OR
PRIOR TO THE AGREEMENT PURCHASE
DATE (PRE-EXISTING CONDITION).
6. HOW TO FILE A CLAIM
When repairs are required, if possible, return the Covered Vehicle
to the Dealer listed on the Registration Page. If You cannot return
the Covered Vehicle to the Dealer, You must call the Administrator
at 833-959-0104 during normal working hours to receive
instructions. If You do not follow Our instructions, We are not
obligated to reimburse You for the cost of any repairs.
Authorization must be obtained from the Administrator prior to
having the Covered Vehicle repaired. We reserve the right to
inspect any vehicle before authorization of any repairs. In order to
make a claim under this Agreement, You must:
A.
Provide “teardown authorization” when requested by Us or
Administrator, so that the repair facility can provide an
accurate diagnosis and estimate of repairs;
B.
In the event that a Mechanical Breakdown of a Covered Part
occurs when the Administrator’s office is closed and
emergency repairs are necessary, You may follow the claim
procedures and commence emergency repairs without
securing the Administrator’s prior authorization. However,
You or the authorized service representative must notify the
Administrator of the repairs on the next business day. You
must submit written information and documentation
concerning the Mechanical Breakdown and repairs no later
than thirty (30) days after the Mechanical Breakdown occurs.
Reimbursement of emergency repairs will be subject to all
terms and conditions of this Agreement and nothing herein
authorizes repairs not otherwise covered. Emergency repairs
are those required because the Covered Vehicle was
inoperable or unsafe to drive. Parts must be available for
inspection when the Administrator’s office reopens;
Q.
HYBRID/ELECTRIC VEHICLE EXCLUSIONS: DAMAGE OR
MALFUNCTIONS CAUSED BY IMPROPER STORAGE OR
HANDLING OF THE HIGH-VOLTAGE COVERED VEHICLE,
INCLUDING, BUT NOT LIMITED TO PARKING THE COVERED
VEHICLE FOR MORE THAN TWENTY-FOUR (24) HOURS
WHEN THE AMBIENT TEMPERATURE IS HIGHER THAN ONE
HUNDRED EIGHTEEN (118°F) DEGREES FAHRENHEIT;
DAMAGE OR MALFUNCTIONS CAUSED BY OPERATION OF
THE HIGH- VOLTAGE VEHICLE IN AREAS FLOODED WITH
WATER HIGHER THAN THE BOTTOM OF THE COVERED
VEHICLE’S BODY;
R.
ANY HOSES AND BELTS NOT SPECIFICALLY LISTED AS
COVERED IN SECTION 4, AGREEMENT COVERAGE;
C.
S.
ANY REPAIRS OF VALVES AND/OR RINGS FOR THE
PURPOSE OF RAISING THE ENGINE’S COMPRESSION IF
A
MECHANICAL
BREAKDOWN/FAILURE
HAS
NOT
OCCURRED;
Submit a claim for reimbursement to the Administrator with all
required documents within thirty (30) days of authorization;
and
D.
Retain all replaced parts until Your claim is settled, as You may
be required to submit these parts for inspection.
BUVSC 10/22
Page 6 of 16
Buick Protection Plan Terms & Conditions
7. YOUR RESPONSIBILITIES
You must have the Covered Vehicle serviced according to the
maintenance schedule provided in the Vehicle Manufacturer’s
Owner’s Manual. You must keep original copies of all repair
orders, invoices, and receipts from the performed services
and maintenance, and, if requested, present the originals to
the Administrator; and
B.
You must use all means to protect the Covered Vehicle from
further damage in the event of a Mechanical Breakdown.
Without limiting this general rule, specifically, You must stop
the Covered Vehicle immediately and have it repaired before
driving it further. Failure to comply with the responsibilities
listed in this Section 7, Your Responsibilities, and Section 6,
How to File a Claim, may result in the denial of Your claim. If
You have any questions which cannot be answered by the
Seller, please contact the Administrator.
8. TRANSFER
This Agreement is transferable to a subsequent owner or lessee of
the Covered Vehicle when a private party purchases the Covered
Vehicle directly from the Customer or assumes the Customer’s
lease agreement, subject to a fifty ($50) dollar transfer fee. This
Agreement is not transferable to a subsequent owner or lessee if a
dealership is a party to the resale or lease assumption. To transfer
this Agreement, You must submit Your request in writing by
providing all of the following documents to Administrator at Two
Concourse Parkway, Suite 500, Atlanta, GA 30328, within thirty (30)
days of the Covered Vehicle’s resale or lease assumption: (i) a
completed transfer form (may be obtained by contacting
Administrator); (ii) a copy of the Registration Page; (iii) the
document demonstrating the sale of the Covered Vehicle to or
lease assumption by a private party; and (iv) a check for fifty ($50)
dollars made payable to Administrator. This Agreement is not
transferable to another vehicle or to a dealership via sale or tradein.
9. CANCELLATION
A.
Cancellation by You
SA
M
You may cancel this Agreement at any time. To cancel this
Agreement, You must provide the Administrator or the Seller with
written notice of Your request to cancel. A copy of Your Agreement
and a current mileage statement must be included with Your written
request for cancellation. The effective date of such cancellation is
the date such written notice and all required documents are
received by Administrator or Seller. If this Agreement was provided
at no cost, You are not entitled to a refund.
B.
How Refunds are Calculated
This Agreement may be canceled for a full refund of the Agreement
Retail Price within thirty (30) days of the Agreement Purchase Date
(or the expiration of any applicable Waiting Period), if no claim has
been paid. If canceled after thirty (30) days, or if a claim was paid
during the first thirty (30) days, a pro-rata refund will be calculated
based upon the greater of time or mileage expired from the
Agreement Purchase Date and the Current Odometer Reading,
less any claims paid, and less a fifty ($50) dollar processing fee,
unless otherwise required by applicable law (see Section 12, StateSpecific Amendments).
C.
Cancellation by Us
We cannot cancel this Agreement except for material
misrepresentation, fraud, a substantial breach of Your contractual
duties under this Agreement, or nonpayment of the Agreement
Retail Price, in which case You will be notified of the reason for
cancellation and the effective date of cancellation by certified mail
prior to the effective date of cancellation. If We cancel this
Agreement within the first thirty (30) days from the Agreement
Purchase Date (or the expiration of any applicable Waiting Period),
We will return one hundred (100%) percent of the Agreement Retail
Price, if no claim has been paid. If We cancel this Agreement after
the first thirty (30) days, or if We paid a claim during the first thirty
(30) days, We will return one hundred (100%) percent of the
unearned pro-rata Agreement Retail Price, less any claims paid.
D.
Refunds to Lender/Lessor/Payment Plan Provider
If this Agreement was financed or purchased pursuant to a payment
plan, any refund due under this Agreement will be made payable to
the Lender/Lessor/Payment Plan Provider unless You provide Us
BUVSC 10/22
with written documentation from the Lender/Lessor/Payment Plan
Provider stating that the Finance Agreement has been paid in full.
If the cancellation of this Agreement occurs as a result of a default
under the Finance Agreement or payment plan, or the repossession
of the Covered Vehicle, any refund due may be paid directly to the
Lender/Lessor/Payment Plan Provider.
10. SETTLEMENT
A. Service Contract Reimbursement Policy Statement: If You live
in Alaska, Arkansas, California, Connecticut, District of
Columbia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maryland,
Massachusetts, Mississippi, Montana, Nebraska, New
Hampshire, New Jersey, New Mexico, New York, North Dakota,
Oklahoma, Oregon, Texas, Vermont, Virginia, Washington, or
Wyoming, Our obligations under this Agreement are fully
insured by a Service Contract Reimbursement Insurance Policy
issued by Virginia Surety Company, Inc., 175 W. Jackson Blvd.,
Chicago, IL 60604, 800-209-6206. If You have not received Your
claim benefit or a refund for the cancellation of Your Agreement
within sixty (60) days (thirty (30) days in Alaska) after all claim
or cancellation requirements have been met, You may make a
direct claim against Virginia Surety Company, Inc. at the
address or phone number listed above.
PL
E
A.
B. Full Faith and Credit Statement: If You do not live in one of the
states listed in Section 10.A, all service contract obligations
under this Agreement are backed by Our full faith and credit
and are not guaranteed under a service contract reimbursement
policy.
11. ARBITRATION
You agree that all individual claims or disputes arising from or relating to
this Agreement, whether in contract, tort, pursuant to statute, regulation,
ordinance or in equity or otherwise and whether Your dispute is with
Administrator, Provider/Obligor, Seller, or the insurer listed in Section 10,
Settlement, will be settled by impartial arbitration. To initiate arbitration,
You must notify Administrator in writing of Your desire to submit Your
issue to arbitration. You are responsible for providing Administrator with
at least three (3) proposed arbitrators. Administrator has the right to
question the proposed arbitrators to confirm neutrality and select any of
the three to act as the Arbitrator. If Administrator demonstrates that none
of the three proposed arbitrators are neutral, You may be asked to
proffer additional arbitrators until one is selected. The Arbitrator is
responsible for setting the ground rules and procedures for the
arbitration. You agree to abide by the Arbitrator’s decision and share the
cost of arbitration equally, unless the Arbitrator directs otherwise. If this
section conflicts with the statutory or regulatory arbitration provision in
the state in which this Agreement was purchased, the state’s arbitration
rules will govern.
ADMINISTRATOR WILL INVESTIGATE AND PROSECUTE ANY
SUSPECTED FRAUDULENT CLAIMS TO THE FULLEST
EXTENT OF THE LAW. ADMINISTRATOR WILL CANCEL ANY
AGREEMENT THAT WAS SECURED BY THE CUSTOMER VIA
FRAUDULENT OR MISREPRESENTATIVE STATEMENTS OR
ACTIONS.
12. STATE-SPECIFIC AMENDMENTS
ALABAMA
1.
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: The Agreement may be
canceled for a full refund of the Agreement Retail Price, less any
claims paid within thirty (30) days of the Agreement Purchase Date
(or the expiration of any applicable Waiting Period). A ten (10%)
percent penalty per month will be applied to any refund for an
Agreement canceled during the first thirty (30) days that is not paid
or credited within forty-five (45) days of Our receipt of Your written
request to cancel the Agreement. After thirty (30) days, a pro-rata
refund will be calculated based upon the greater of the time or
mileage expired from the Agreement Purchase Date and the
Current Odometer Reading, less claims paid, and less a twenty-five
($25) dollar processing fee.
2.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following: If We cancel this Agreement for any reason
other than non-payment of the Agreement Retail Price or
misrepresentation at the time of sale, You will be notified of the
Page 7 of 16
Buick Protection Plan Terms & Conditions
reason for cancellation by certified mail at least five (5) days prior
to the effective date of cancellation.
3.
Section 11, Arbitration, is amended by the following: The arbitration
shall be held in the county where the Customer lives and in the
state of Alabama.
ALASKA
2.
The Agreement will not be canceled or voided by the Provider or its
representatives for Pre-Existing Conditions.
ARKANSAS
1.
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: The Agreement may be
canceled for a full refund of the Agreement Retail Price within thirty
(30) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period). After thirty (30) days, or if a claim was
made during the first thirty (30) days, a pro-rata refund will be
calculated based upon the greater of the time or mileage expired
from the Agreement Purchase Date and the Current Odometer
Reading, less claims paid, less a processing fee in the amount of
fifty ($50) dollars or seven and a half (7.5%) percent of the
unearned Agreement Retail Price, whichever is less. A penalty in
the amount of ten (10%) percent of the Agreement Retail Price per
month will be applied to any refund for a canceled Agreement that
is not paid or credited within forty-five (45) days of Our receipt of
Your written request to cancel the Agreement.
Section 9(C), Cancellation — Cancellation by Us, is replaced in its
entirety by the following: We cannot cancel the Agreement except
for material misrepresentation or fraud at the time of sale, or nonpayment of the Agreement Retail Price, in which case You will be
notified of the reason for cancellation by certified mail at least five
(5) days prior to the effective date of cancellation. If We cancel the
Agreement for any other reason than for non-payment of the
Agreement Retail Price, during the first thirty (30) days, We will
return one hundred (100%) percent of the Agreement Retail Price,
if no claim has been paid. If We cancel this Agreement for nonpayment or after the first thirty (30) days, or if We paid a claim
during the first thirty (30) days, We will return one hundred (100%)
percent of the unearned pro-rata Agreement Retail Price, less any
claims paid. A penalty in the amount of ten (10%) percent of the
Agreement Retail Price per month will be applied to any refund for
a canceled Agreement that is not paid or credited within forty-five
(45) days of the effective date of cancellation of this Agreement.
Section 2, Definitions — Prohibited Commercial Purpose, is
amended to include the following wording: Snowplowing is not
excluded so long as the Covered Vehicle is properly equipped for
such use and is only being used as such for personal
(noncommercial) use.
SA
M
3.
4.
The Cancellation section is amended to delete any reference to
claims paid being deducted from any cancellation refund due.
CALIFORNIA
1.
GM Protections, LLC’s Vehicle Service Contract Provider license
number # is [TBD].
2.
Section 10, Settlement, is replaced in its entirety by the following:
Performance to You under this Agreement is guaranteed by a
California approved insurance company. You may file a claim with
this insurance company if any promise made in this Agreement has
been denied or has not been honored within sixty (60) days of the
date the proof of loss was filed. The name, address and telephone
number of the insurance company is Virginia Surety Company, Inc.,
175 West Jackson Blvd., Chicago, Illinois 60604, 1-800-209-6206.
If You are not satisfied with the insurance company’s response,
You may contact the California Department of Insurance at 1-800927-4357 or access the department’s Internet Website
(www.insurance.ca.gov).
PL
E
1.
by contacting the Consumer Protection Division of the A.D.I.F.I. at
602-364-2499.
3.
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: The Service Contract
(referred to as the “Agreement”) may be canceled within sixty (60)
days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period) for a full refund of the Agreement Retail
Price paid if no claims have been made against the Agreement. If
canceled within sixty (60) days of the Agreement Purchase Date
and a claim was made against the Agreement during that time
period, a pro-rata refund will be calculated based upon the greater
of the time or mileage expired from the Agreement Purchase Date
and the Current Odometer Reading. After sixty (60) days, a prorata refund will be calculated based upon the greater of the time or
mileage expired from the Agreement Purchase Date and the
Current Odometer Reading, less a processing fee in the amount of
twenty-five ($25) dollars or ten (10%) percent of the Agreement
Retail Price, whichever is less. The refund amount will be paid
within thirty (30) days of Your written request to cancel the
Agreement.
4.
Section 9(C), Cancellation — Cancellation by Us, is replaced in
its entirety by the following: We may cancel this Service Contract
(referred to as the “Agreement”) within the first sixty (60) days after
the Agreement Purchase Date (or the expiration of any applicable
Waiting Period) only upon providing You with a notice of
cancellation stating the reason for cancellation postmarked before
the sixty-first (61st) day after the Agreement Purchase Date and a
full refund of the Agreement Retail Price, unless We have paid a
claim hereunder or advised You in writing that We will pay a claim,
in which case We will pay to You a pro-rata refund based upon the
greater of the time or mileage expired from the Agreement
Purchase Date and the Current Odometer Reading, less any
approved claims. We may cancel this Agreement for non-payment,
material misrepresentation, or fraud by You at any time by providing
You with a notice of cancellation and a full refund of the Agreement
Retail Price, unless We have paid a claim hereunder or advised
You in writing that We will pay a claim, in which case We will pay
to You a pro-rata refund of the Agreement Retail Price based upon
the greater of the time or mileage expired from the Agreement
Purchase Date and the Current Odometer Reading, less any
approved claims. If We cancel this Agreement for any reason, We
will not charge You a processing fee, any refund due to You will be
paid within thirty (30) days of the date of cancellation, the
Agreement will cease to be valid five (5) days after the date the
notice of cancellation is postmarked, and We will pay any covered
claim reported to Us prior to the effective date of cancellation. For
purposes of this paragraph, a claim will be deemed to have been
reported to Us if You have completed the first step required to make
a claim.
5.
Section 11, Arbitration, is replaced in its entirety by the following:
You and Provider, Administrator, Seller and the Insurance
Company listed in the Settlement Section (“Us”) agree that all
individual claims or disputes arising from or relating to the
Agreement will be settled by impartial arbitration. To initiate
arbitration, the aggrieved party must notify the aggrieving
ARIZONA
1.
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: The Agreement may be
canceled within thirty (30) days of the Agreement Purchase Date
(or the expiration of any applicable Waiting Period) for a full refund
of the Agreement Retail Price, less any claims paid. After thirty (30)
days, a pro-rata refund will be calculated based upon the greater of
the time or mileage expired from the Agreement Purchase Date and
the Current Odometer Reading, less any claims paid, and less a
cancellation fee in the amount of (i) ten (10%) percent of the
Agreement Retail Price You paid or (ii) fifty ($50) dollars, whichever
fee is less. The processing fee will not exceed the amount of any
refund due to the Customer.
2.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following language: We may only void the Agreement
or deny claims for misuse, fraud, or misrepresentation if those acts
are committed by You or Your authorized representative. If We
cancel the Agreement, We will mail You written notice at least thirty
(30) days prior to cancellation.
3.
Section 11, Arbitration, is amended to add the following: Arbitration
cannot be an absolute dispute remedy and both parties must agree
to arbitration. This arbitration provision does not prohibit an Arizona
resident from following the process to resolve complaints under the
provisions of A.R.S. §20-1095.09, Unfair trade Practices as
outlined by the Arizona Department of Insurance and Financial
Institutions. To learn more about this process, You may contact the
Arizona Department of Insurance and Financial Institutions at 100
N. 15th Ave., Suite 261, Phoenix, AZ 85007-2630, Attn: Consumer
Protection. You may directly file any complaint with the A.D.I.F.I.
against a Service Company issuing an approved Service Contract
under the provisions of A.R.S. §§ 20-1095.04 and/or 20- 1095.09
BUVSC 10/22
Page 8 of 16
Buick Protection Plan Terms & Conditions
6.
If You are unable to resolve any disputes arising under this
Agreement, You may file a formal written complaint with the
Consumer Affairs Division of the Connecticut Insurance
Department at PO Box 816, Hartford, CT 06142-0816. You are
entitled to utilize the Insurance Commissioner’s arbitration process
to settle any disputes arising under this Agreement.
If the Agreement Coverage Term is less than one (1) year, the
Agreement Coverage Term will be automatically extended while
any covered repairs are being performed and the Covered Vehicle
is in the custody of a repair facility.
3.
Section 9, Cancellation, is amended to include the following: You
may cancel this Agreement if the Covered Vehicle is returned, sold,
lost, stolen or destroyed.
SA
M
2.
4.
Agreement Retail Price based upon the greater of the time or
mileage expired from the Agreement Purchase Date and the
Current Odometer Reading, less any claims paid.
3.
Section 6, How to File a Claim, is amended by the following: Submit
a claim for reimbursement to Us along with all required documents
within ninety (90) days from the date the damage occurs.
4.
Section 11, Arbitration, is replaced in its entirety by the following:
The parties may agree that all individual claims or disputes arising
from or relating to this Agreement, whether in contract, tort,
pursuant to statute, regulation, ordinance or in equity or otherwise
and whether Your dispute is with Obligor, the Seller, or the
Insurance Company listed in the Settlement section, will be settled
by impartial arbitration. To initiate arbitration, You must notify
Administrator in writing of Your desire to submit Your issue to
arbitration. You are responsible for providing Administrator with at
least three (3) proposed arbitrators. Administrator has the right to
question the proposed arbitrators to confirm neutrality and select
any of the three (3) to act as the Arbitrator. If Administrator
demonstrates that none of the three (3) proposed arbitrators are
neutral, You may be asked to proffer additional arbitrators until one
(1) is selected. The Arbitrator is responsible for setting the ground
rules and procedures for the arbitration. The Arbitrator’s decision is
non- binding unless the parties agree otherwise. The parties will
share the cost of arbitration equally, unless the Arbitrator directs
otherwise.
Section 3(G)(4) is deleted in its entirety.
CONNECTICUT
1.
has been tampered with or disabled and You have filed to repair
the odometer; or (4) For nonpayment of the Agreement Retail Price
by You. If We cancel this Agreement, We will provide You notice of
cancellation by certified mail at least thirty (30) days prior to the
effective date of cancellation. If We cancel the Agreement, We will
return one hundred (100%) percent of the unearned pro-rata
PL
E
party in writing of its desire to submit the issue to arbitration.
The aggrieved party is responsible for providing the
aggrieving party with at least three (3) proposed arbitrators.
Potential arbitrators may be found by contacting a dispute
resolution company (e.g. JAMS or the American Arbitration
Association (AAA)). The aggrieving party has the right to
question the proposed arbitrators to confirm neutrality and
select any of the three (3) to act as the Arbitrator. If the
aggrieving party demonstrates that none of the three (3)
proposed arbitrators are neutral, the aggrieving party may be
asked to proffer additional arbitrators until one (1) is selected.
The Arbitrator is responsible for setting the ground rules and
procedures for the arbitration, as long as it doesn’t conflict with the
Consumers Legal Remedies Act. The parties agree to abide by
the Arbitrator’s decision and share the cost of arbitration
equally, unless the Arbitrator directs otherwise. If this section
conflicts with the statutory or regulatory arbitration provision in the
state in which the Agreement was purchased, the state’s arbitration
rules will govern. Any arbitration proceedings arising under the
Agreement will proceed under procedures outlined in the California
Arbitration Act. Such procedures can be found in the California
Code of Civil Procedure section 1280. The location of arbitration
will be a location in close proximity to the Customer’s residence.
The Agreement is subject to the California Consumers Legal
Remedies Act (Civ. Code section 1750 et seq.). The “consumer
rules” apply to the arbitration procedure.
Section 11, Arbitration, is amended by the following: The State of
Connecticut has established an arbitration process to settle
disputes between You and Us arising from extended warranty
contracts. A written complaint may be mailed to: State of
Connecticut, Insurance Department, P.O. Box 816, Hartford, CT
06142-0816, Attention: Consumer Affairs. The written complaint
must contain a description of the dispute, the purchase price of the
product, the cost of repair of the product, and a copy of the
Agreement.
5.
Section 10, Settlement, is amended to include the following: To
make a direct claim under Our service contract reimbursement
insurance policy, You may contact Virginia Surety Company, Inc.
by mail at 175 West Jackson Blvd., Chicago, Illinois 60604 or by
phone at 1-800-209- 6206.
6.
In house service is not provided for under this Agreement.
5.
The rate charged for this service agreement is not subject to
regulation by the Department of Financial Services — Office of
Insurance Regulation.
6.
Section 8, Transfer, is amended by the following: The reference to
a fifty ($50) dollar transfer fee is deleted and is replaced with a
forty ($40) dollar transfer fee.
GEORGIA
1.
b. Item F is amended to include the text “KNOWN TO YOU.”
c. Item I — any reference to “SLUDGE” within this item is deleted
in its entirety.
d. Item W is amended to include the text “KNOWN TO YOU.”
2.
Sections 9(B) and 9(C), Cancellation — How Refunds are
Calculated and Cancellation — Cancellation by Us, are replaced in
their entirety by the following: The Agreement may be canceled at
any time. If You cancel the Agreement within the first thirty (30)
days from the Agreement Purchase Date (or the expiration of any
applicable Waiting Period), You will receive a refund in the amount
of one hundred (100%) percent of the Agreement Retail Price, less
any claims paid. After thirty (30) days from the Agreement
Purchase Date, the refund amount will be pro-rata based upon the
greater of the time or mileage expired from the Agreement
Purchase Date and the Current Odometer Reading, less any claims
paid, and less a processing fee in the amount of (i) fifty ($50) dollars
or (ii) ten (10%) percent of the unearned pro-rata Agreement Retail
Price, whichever fee is less. A ten (10%) percent penalty per month
will be added to any refund that is not paid or credited within fortyfive (45) days after Our receipt of Your written request to cancel the
Agreement. We cannot cancel the Agreement except for material
misrepresentation or fraud at the time of sale, or non-payment of
the Agreement Retail Price, in which case You will be notified of the
reason for and the effective date of the cancellation by certified mail
at least thirty (30) days prior to the effective date of cancellation. If
We cancel this Agreement, We will refund one hundred (100%)
percent of the unearned pro-rata Agreement Retail Price, less any
claims paid. In the event of cancellation by Us, any refund amount
owed will be paid or credited within thirty (30) days of the effective
date of cancellation.
3.
Section 9(D), Cancellation, is replaced in its entirety by the
following: Any refund due under this Agreement will be made
payable to the Lender/Lessor/Payment Plan Provider unless You
FLORIDA
1.
The Obligor of this Agreement is GM Protections, LLC, Florida
License Number [TBD], 801 Cherry Street, Suite 3500, Fort
Worth, TX 76102.
2.
Sections 9(B) and 9(C), Cancellation — How Refunds are
Calculated and Cancellation — Cancellation by Us, are replaced in
their entirety by the following: The Agreement may be canceled for
a full refund of the Agreement Retail Price, less any claims paid,
within sixty (60) days of the Agreement Purchase Date (or the
expiration of any applicable Waiting Period). After sixty (60) days,
a pro- rata refund will be calculated based upon the greater of the
time or mileage expired from the Agreement Purchase Date and
the Current Odometer Reading, less any claims paid, less a
processing fee in the amount of the lesser of (a) ten (10%) percent
of the pro-rata refund amount of (b) fifty ($50) dollars. We may
cancel the Agreement: (1) If there has been a material
misrepresentation or fraud; or (2) If You have failed to maintain the
Vehicle as prescribed by the manufacturer; or (3) If the odometer
BUVSC 10/22
Section 5, Exclusions from Coverage, is amended to include:
a. Items A and B are amended to include the text “MADE BY YOU
OR WITH YOUR KNOWLEDGE.”
Page 9 of 16
Buick Protection Plan Terms & Conditions
provide
Us
with
written
documentation
from
the
Lender/Lessor/Payment Plan Provider stating that the Finance
Agreement has been paid in full. If this Agreement is financed and
the Covered Vehicle is a total loss or is repossessed, You authorize
Your Lender/Lessor/Payment Plan Provider to cancel this
Agreement and receive the refund which shall be calculated in
accordance with paragraph 2 of the Georgia specific section.
4.
the Purchaser’s county or any other county in Indiana agreed upon
by both parties.
3.
IOWA
1.
If You have questions regarding Your Agreement, You may contact
the Iowa Securities and Regulated Industries Bureau, Iowa
Insurance Division, 1963 Bell Avenue, Suite 100, Des Moines, Iowa
50315.
2.
Section 9(B), Cancellation — How Refunds are Calculated, is
deleted in its entirety and replaced by the following: This Agreement
may be canceled for a full refund of the Agreement Retail Price
within thirty (30) days of the Agreement Purchase Date (or the
expiration of any applicable Waiting Period), if no claim has been
paid. If canceled after thirty (30) days, or if a claim was paid during
the first thirty (30) days, a pro-rata refund will be calculated based
upon the greater of time or mileage expired from the Agreement
Purchase Date and the Current Odometer Reading, less any claims
paid, and less a processing fee in the amount of (i) ten (10%)
percent of the Agreement Retail Price or (ii) fifty ($50) dollars,
whichever fee is less. If You cancel this Agreement within thirty (30)
days of the Agreement Purchase Date, a ten (10%) percent penalty
per month will be applied to any refund not paid or credited to You
within thirty (30) days of Our receipt of Your written request to
cancel the Agreement. In the event You are unable to obtain Your
cancellation refund from Us, You may contact the Insurance
Company listed in Section 10, Settlement. If You cancel this
Agreement, We will mail a written notice to You at least fifteen (15)
days prior to the effective date of termination.
Section 11, Arbitration, is deleted in its entirety
HAWAII
1.
The following wording is added: Hawaii Revised Statutes requires
an automobile dealer, unless otherwise excepted, to provide a
warranty covering certain classes of used motor vehicles as
follows:
PL
E
a. Used Units with less than 25,000 miles at the time of sale:
Provides coverage for 90 days or 5,000 miles, whichever
occurs first. Used Units with 25,001 — 50,000 miles at the time
of sale: Provides coverage for 60 days or 3,000 miles,
whichever occurs first.
b. Used Units with 50,001 — 75,000 miles at the time of sale:
Provides coverage for 30 days or 1,000 miles, whichever
occurs first.
The Covered Vehicle may be covered by this law. If so, the
following is added to the Agreement: In addition to the dealer
warranty required by this law, You have elected to purchase this
Agreement, 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 the Agreement. The required dealer warranty is provided
free of charge. Furthermore, the terms, coverage plan and
exclusions stated in the Agreement apply only to the Agreement
and are not the terms of the required dealer warranty.
2.
Coverage afforded under this motor vehicle service contract is not
guaranteed by the Idaho Insurance Guarantee Association.
2.
The Cancellation section is amended to delete any reference to
claims paid being deducted from any cancellation refund due.
SA
M
1.
ILLINOIS
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: The Agreement may be
canceled for a full refund of the Agreement Retail Price within thirty
(30) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period), if no claims have been filed. After thirty
(30) days, or if a claim was made during the first thirty (30) days, a
pro-rata refund will be calculated based upon the greater of the time
or mileage expired from the Agreement Purchase Date and the
Current Odometer Reading, less claims paid, and less a processing
fee of fifty ($50) dollars or ten (10%) percent of the Agreement
Retail Price, whichever is less.
INDIANA
2.
3.
Section 9(C), Cancellation – Cancellation by Us, is amended to
include the following: If We cancel the Agreement for any reason
other than non- payment of the Agreement Retail Price, a material
misrepresentation by You to Us, or a substantial breach of duties
by You relating to the Covered Vehicle or its use, We will provide
You with at least fifteen (15) days’ prior written notice of the
cancellation. The written notice will include the reason for the
cancellation and the effective date of the cancellation.
4.
Used parts will not be used to replace Covered Parts without prior
written authorization from You. Rebuilt parts will not be used to
replace Covered Parts unless the parts are rebuilt according to
national standards recognized by the Insurance Division.
5.
This Agreement is subject to the applicable provisions of the Iowa
Consumer Credit Code, Chapter 537.
Section 9(B), Cancellation — How Refunds are Calculated, is
amended to include the following: A ten (10%) percent penalty per
month will be applied to any refund not paid or credited within fortyfive (45) days after Our receipt of Your written request to cancel the
Agreement.
IDAHO
1.
This service contract is not insurance and is not subject to Indiana
insurance law.
Section 11, Arbitration, is replaced in its entirety by the following:
The parties may agree that all individual claims or disputes arising
from
or relating to this Agreement, whether in contract, tort,
pursuant to statute, regulation, ordinance or in equity or otherwise
and whether Your dispute is with Administrator, Obligor, or the
Seller, will be settled by impartial arbitration. To initiate arbitration,
You must notify Administrator in writing of Your desire to submit
Your issue to arbitration. You are responsible for providing
Administrator with at least three (3) proposed arbitrators.
Administrator has the right to question the proposed arbitrators to
confirm neutrality and select any of the three (3) to act as the
Arbitrator. If Administrator demonstrates that none of the three (3)
proposed arbitrators are neutral, You may be asked to proffer
additional arbitrators until one (1) is selected. The Arbitrator is
responsible for setting the ground rules and procedures for the
arbitration. The Arbitrator’s decision is non-binding unless the
parties agree otherwise. The parties will share the cost of arbitration
equally, unless the Arbitrator directs otherwise. Arbitrations will
take place under the laws of the state of Indiana and will be held in
BUVSC 10/22
LOUISIANA
1.
This Agreement is not insurance. This Agreement is not regulated
by the Department of Insurance. Any concerns or complaints
regarding this Agreement may be directed to the Attorney General’s
Offices.
2.
Section 9(B), Cancellation — How Refunds are Calculated, is
amended to include the following: A ten (10%) percent penalty per
month will be applied to any refund not paid or credited to You
within forty-five (45) days of Our receipt of Your written request to
cancel the Agreement.
3.
Section 9(C), Cancellation — Cancellation by Us, is amended by
the following: If We cancel this Agreement for any reason other than
material misrepresentation, non-payment of the Agreement Retail
Price, or a substantial breach of duties by You relating to the
Covered Vehicle, We will provide You with at least fifteen (15) days
written notice prior to the effective date of cancellation stating the
effective date of and reason for cancellation.
MAINE
1.
Sections 9(B) and 9(C), Cancellation — How Refunds are
Calculated and Cancellation — Cancellation by Us, are replaced in
their entirety by the following: The Agreement may be canceled for
a full refund of the Agreement Retail Price, including any sales tax
refund required pursuant to state law, within thirty (30) days of the
Agreement Purchase Date (or the expiration of any applicable
Waiting Period) provided that no claims were made during the first
thirty (30) days. The right to cancel the Agreement during the first
thirty (30) days is not transferable and only applies to the Customer
listed on the Registration Page. A ten (10%) percent penalty per
month will be applied to any refund not paid or credited within fortyfive (45) days after Our receipt of Your written request to cancel the
Page 10 of 16
Buick Protection Plan Terms & Conditions
2.
Section 11, Arbitration, is amended as follows: Any arbitration
related to this Agreement shall take place in Maine.
MARYLAND
only for the Agreement. The required dealer warranty is provided
free of charge. Furthermore, the definitions, coverage plan, and
exclusions stated in the Agreement apply only to the Agreement
and are not the terms of the required dealer warranty.
MICHIGAN
1.
Section 9(B), Cancellation — How Refunds are Calculated, is
amended to include the following: A ten (10%) percent penalty per
month will be added to a refund that is not paid within forty-five (45)
days after Our receipt of Your written request to cancel the
Agreement.
2.
Section 3(A), Agreement Coverage Term, is amended to include
the following: The Agreement Coverage Term will automatically
extend if We fail to perform the services under the terms and
conditions this Agreement, and this Agreement will not terminate
until the services are provided in accordance with the terms and
conditions of this Agreement.
SA
M
1.
MASSACHUSETTS
1.
The Obligor of this Agreement is the Dealer listed on the
Registration Page. This Agreement is between the Dealer and the
Customer. Dealer has appointed Safe-Guard Products
International, LLC (“Safe- Guard”) as the authorized administrator
of this Agreement. Safe-Guard neither assumes nor has any liability
whatsoever for the obligations of this Agreement.
2.
The following wording is added: THE COVERAGE YOU ARE
BUYING IS NOT REQUIRED IN ORDER TO REGISTER OR
FINANCE A COVERED VEHICLE. THE BENEFITS PROVIDED
MAY DUPLICATE EXPRESS MANUFACTURER’S OR SELLER’S
WARRANTIES THAT COME AUTOMATICALLY WITH EVERY
SALE. YOU CAN BE REQUIRED BY THE SELLER OF THIS
COVERAGE TO PURSUE THOSE WARRANTIES WHICH ARE
AVAILABLE TO YOU WITHOUT THE SERVICE CONTRACT.
Chapter 90, Section 7N 1/4 of Massachusetts General Laws
requires an automobile dealer to provide a Warranty covering
certain classes of used motor units as follows:
MINNESOTA
1.
Section 9(B), Cancellation — How Refunds are Calculated, is
amended to include the following: A ten (10%) percent penalty per
month will be added to a refund that is not paid within forty-five (45)
days after Our receipt of Your written request to cancel the
Agreement.
2.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following: If We cancel this Agreement, We will mail a
written notice to You at Your last known address contained in Our
records at least fifteen (15) days before the effective date of the
cancellation. Only five (5) days’ prior written notice is required if the
reason for cancellation is non-payment of the Agreement Retail
Price, a material misrepresentation by You to Us, or a substantial
breach of duties by You relating to the Covered Vehicle or its use.
The written notice must state the effective date of the cancellation
and the reason for the cancellation.
3.
The following wording is added to this Agreement: The Agreement
does not provide coverage when the responsibility for repair is
covered by the Warranty provided by the dealer. The dealer is
required by Minnesota Statute 325F.662 to provide an express
dealer warranty for used vehicles with less than seventy-five
thousand (75,000) miles at the time of sale. The required dealer
warranty covers vehicles with less than thirty-six thousand (36,000)
miles for sixty (60) days or two thousand five hundred (2,500) miles,
whichever comes first. The required dealer warranty covers
Vehicles with less than seventy-five thousand (75,000) miles, but
more than thirty-six thousand (36,000) miles, for thirty (30) days or
one thousand (1,000) miles, whichever comes first. Some
limitations and exclusions apply. This Agreement merely contains
a general summary of the required dealer warranty. For details, You
should refer to Minnesota Statute 325F.662.
MISSISSIPPI
1.
Section 9(B), Cancellation - How Refunds are Calculated, is
replaced in its entirety by the following: This Agreement may be
canceled for a full refund of the Agreement Retail Price within thirty
(30) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period), if no claim has been paid. If canceled
after thirty (30) days, or if a claim was paid during the first thirty (30)
days, a pro-rata refund will be calculated based upon the greater of
time or mileage expired from the Agreement Purchase Date and
the Current Odometer Reading, less any claims paid, and less a
fee in the amount of fifty ($50) dollars or ten (10%) percent of the
Agreement Retail Price, whichever is less. A ten (10%) percent
penalty per month will be added to any refund that is not paid or
credited within forty-five (45) days after Our receipt of Your written
request to cancel the Agreement.
2.
Section 9(C), Cancellation - Cancellation by Us, is replaced in its
entirety by the following: We cannot cancel this Agreement except
for material misrepresentation, a substantial breach of Your
contractual duties under this Agreement, or nonpayment of the
Agreement Retail Price, in which case You will be notified of the
reason for cancellation and the effective date of cancellation by
certified mail at least thirty (30) days prior to the effective date of
cancellation. If We cancel this Agreement for any reason other than
nonpayment of the Agreement Retail Price, during the first thirty
(30) days, We will return one hundred (100%) percent of the
Agreement Retail Price, if no claim has been paid. If We cancel this
Agreement for non-payment or after the first thirty (30) days, or if
We paid a claim during the first thirty (30) days, We will return one
hundred (100%) percent of the unearned pro-rata Agreement Retail
Price, less any claims paid.
3.
Section 11, Arbitration, is deleted in its entirety.
a. Used Units with less than 40,000 miles at the time of sale:
Provides coverage for 90 days or 3,750 miles, whichever
occurs first.
b. Used Units with 40,000 miles - 80,000 miles at the time of sale:
Provides coverage for 60 days or 2,500 miles, whichever
occurs first.
c. Used Units with 80,001 miles - 125,000 miles at the time of sale:
Provides coverage for 30 days or 1,250 miles, whichever
occurs first.
The Covered Vehicle may be covered by this law. If so, the
following is added to this Agreement: In addition to the dealer
warranty required by this law, You have elected to purchase the
Agreement, 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
BUVSC 10/22
The following wording is added to this Agreement: If the
performance of this Agreement is interrupted because of a strike or
work stoppage at Our place of business, the effective period of the
Agreement shall be extended for the period of the strike or work
stoppage.
PL
E
Agreement during the first thirty (30) days. An Agreement canceled
by the Customer during the first thirty (30) days under which a claim
was made during the first thirty (30) days, or an Agreement
canceled by the Customer after the first thirty (30) days are both
eligible for a pro-rata refund calculated based upon the greater of
the time or mileage expired from the Agreement Purchase Date and
the Current Odometer Reading, less claims paid, and less a
processing fee in the amount of (i) ten (10%) percent of the
Agreement Retail Price or (ii) fifty ($50) dollars, whichever fee is
less. We cannot cancel the Agreement except for material
misrepresentation or fraud at the time of sale or in presenting a
claim for service, lack of proper maintenance, non-payment of the
Agreement Retail Price, or the discovery of an act or omission by
You or Your violation of any condition of the Agreement or a
material change in the nature or extent of the required service or
repair which occurred after the Agreement Purchase Date that
substantially or materially increases the service required under the
Agreement, in which case You will be notified of the reason for
cancellation by certified mail at least fifteen (15) days prior to the
effective date of cancellation. The written notice will state the
effective date of and the reason for the cancellation. If We cancel
the Agreement during the first thirty (30) days, We will return one
hundred (100%) percent of the Agreement Retail Price, if no claim
has been paid. If We cancel this Agreement after the first thirty (30)
days, or if We paid a claim during the first thirty (30) days, We will
return one hundred (100%) percent of the unearned pro-rata
Agreement Retail Price, less any claims paid.
Page 11 of 16
Buick Protection Plan Terms & Conditions
required under the Agreement, Your fraud or material
misrepresentation in obtaining the Agreement or in presenting a
claim for service thereunder, or the discovery of an act or omission
by You or Your violation of any condition of the Agreement, or a
material change in the nature or extent of the required service or
repair which occurred after the Agreement Purchase Date that
substantially or materially increases the service required under the
Agreement. If We cancel this Agreement, You will be notified of
the reason for cancellation and the effective date of cancellation
by certified mail at least fifteen (15) days prior to the effective date
of cancellation. If We cancel this Agreement during the first thirty
(30) days, We will return one hundred (100%) percent of the
Agreement Retail Price, if no claim has been paid. If We cancel this
Agreement after the first thirty (30) days, or if We paid a claim
during the first thirty (30) days, We will return one hundred (100%)
percent of the unearned pro-rata Agreement Retail Price and You
will not be charged a cancellation fee. In the event of cancellation
by Us, any refund amount owed will be paid or credited within thirty
(30) days of the effective date of cancellation.
MISSOURI
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: This Agreement may be
canceled for a full refund of the Agreement Retail Price within thirty
(30) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period), less any claims paid. After thirty (30)
days, a pro-rata refund will be calculated based upon the greater of
the time or mileage expired from the Agreement Purchase Date and
the Current Odometer Reading, less any claims paid, less a fifty
($50) dollar processing fee. If You cancel this Agreement within
thirty (30) days of the Agreement Purchase Date, a ten (10%)
percent penalty per month will be added to a refund that is not paid
within forty-five (45) days after Our receipt of Your written request
to cancel the Agreement. If You cancel this Agreement, We will mail
a written notice to You within forty-five (45) days of the effective
date of termination.
2.
Section 11, Arbitration, is replaced in its entirety by the following:
Arbitration is not mandatory for disputes which may arise from this
Agreement but may be chosen voluntarily by the parties to this
Agreement.
MONTANA
1.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following: If We cancel this Agreement, notice of such
cancellation will be delivered to You at Your last known address at
least five (5) days prior to cancellation. The notice of cancellation
will state the effective date of the cancellation and the reason for
cancellation. If cancellation is due to non-payment of the
Agreement Retail Price, or a material misrepresentation by You to
Us relating to the Vehicle or its use, such notice will not be required.
NEBRASKA
1.
PL
E
1.
The issuer of the motor vehicle service contract reimbursement
insurance policy is not a domestic entity and the Department of
Insurance can give no assurance that the issuer has adequate
reserves to cover potential losses.
Section 11, Arbitration, is deleted in its entirety.
3.
Section 3(E), Limits of Liability, is replaced in its entirety by the
following: For any one repair visit, all benefits paid or payable shall
not exceed the actual cash value of the Covered Vehicle as
determined by the NADA Official Used Car Guide at the instant
prior to the most recent loss. The aggregate total of all benefits paid
or payable during the Agreement Coverage Term shall not exceed
the price You paid for the Covered Vehicle. Administrator may
require You to provide proof of the price You paid for the Covered
Vehicle if You purchased this Agreement on a different date than
You purchased the Covered Vehicle. The payment or
reimbursement for repair or replacement of Covered Parts and the
benefits stated under RENTAL CAR COVERAGE, 24 HOUR
ROADSIDE ASSISTANCE, and TRIP INTERRUPTION BENEFIT
are the only remedies available to You. We assume no other
obligation or responsibility with regard to the Covered Vehicle. We
neither assume, nor authorize anyone to assume for Us, any
additional liability.
SA
M
2.
3.
This Agreement is not renewable and expires in accordance with
the selected Agreement Coverage Term in months or miles,
whichever occurs first.
4.
Section 11, Arbitration, is amended to include the following: The
laws of the state of Nevada shall govern all matters arising out of
or relating to the Agreement and all transactions contemplated by
this Agreement, including, without limitation, the validity,
interpretation, construction, performance and enforcement of this
Agreement.
5.
If You are not satisfied with the manner in which Your claim is being
handled under this Agreement, You may contact the Commissioner
by using the following toll-free number of the Division: 888-8723234.
6.
Section 8, Transfer, is amended by the following: Any reference to
a fifty ($50) dollar transfer fee is deleted in its entirety and replaced
with a twenty-five ($25) dollar transfer fee.
7.
b. Item D is replaced in its entirety by the following: This
Agreement will not cover that portion of the cost to repair or
replace a Covered Part which is covered by any manufacturer
warranty, or any other coverage or other reason that the
manufacturer, importer, distributor, seller or repairer of the
Covered Vehicle will repair or replace the part at its own
expense or at a reduced cost; coverage under this Agreement
will only be provided for that amount which is in excess of any
other applicable coverage.
NEVADA
1.
2.
Section 9(B), Cancellation — How Refunds are Calculated, is
deleted in its entirety and replaced with the following: This
Agreement may be canceled for a full refund of the Agreement
Retail Price within thirty (30) days of the Agreement Purchase Date
(or the expiration of any applicable Waiting Period), if no claim has
been paid. If canceled after thirty (30) days, or if a claim was paid
during the first thirty (30) days, a pro-rata refund will be calculated
based upon the greater of time or mileage expired from the
Agreement Purchase Date and the Current Odometer Reading,
less a twenty-five ($25) dollar cancellation fee. Under no
circumstances will any claims paid or covered services provided
under this Agreement be deducted from the refund amount. If You
cancel this Agreement within thirty (30) days of the Agreement
Purchase Date, a ten (10%) percent penalty of the Agreement
Retail Price per thirty (30) day period will be applied to any refund
not paid or credited within forty-five (45) days after Our receipt of
Your written request to cancel the Agreement.
Section 9(C), Cancellation — Cancellation by Us, is deleted in its
entirety and replaced with the following: We may only cancel this
Agreement for Your failure to pay an amount when due, Your
conviction of a crime which results in an increase in the service
BUVSC 10/22
Section 5, Exclusions from Coverage, is amended by the following:
a. Item A is replaced in its entirety by the following: This
Agreement will not cover any loss, damage or expense caused
by accidents or by the use of undersized tires or wheels.
Additionally, this Agreement will not cover any unauthorized or
non-manufacturer recommended modifications to the Covered
Vehicle, or any loss, damage, or expenses arising from such
unauthorized
or
non-manufacturer
recommended
modifications. However, if the Covered Vehicle is modified or
repaired
in
an
unauthorized
or
non-manufacturer
recommended manner, We will not automatically suspend all
coverage under this Agreement. Rather, this Agreement will
continue to provide any applicable coverage that is not related
to the unauthorized or non-manufacturer recommended
modification, or any loss, damage, or expense arising
therefrom, unless such coverage is otherwise excluded by the
terms and conditions of this Agreement.
NEW HAMPSHIRE
1.
In the event You do not receive satisfaction under this Agreement,
You may contact the New Hampshire Insurance Department, 21
South Fruit Street, Suite 14, Concord, NH 03301, 603-271-2261 or
1-800- 852-3416.
2.
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: The Agreement may be
canceled for a full refund of the Agreement Retail Price within thirty
(30) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period). After thirty (30) days, a pro-rata refund
will be calculated based upon the greater of the time or mileage
expired from the Agreement Purchase Date and the Current
Odometer Reading, less a processing fee in the amount of the
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Buick Protection Plan Terms & Conditions
lesser of ten (10%) percent of the Agreement Retail Price or fifty
($50) dollars.
4.
Section 9(C), Cancellation — Cancellation by Us, is replaced in its
entirety by the following: We cannot cancel this Agreement except
for material misrepresentation, fraud, a substantial breach of Your
contractual duties under this Agreement, or nonpayment of the
Agreement Retail Price, in which case You will be notified of the
reason for cancellation and the effective date of cancellation by
certified mail prior to the effective date of cancellation. If We cancel
this Agreement within the first thirty (30) days from the Agreement
Purchase Date (or the expiration of any applicable Waiting Period),
We will return one hundred (100%) percent of the Agreement Retail
Price, if no claim has been paid. If We cancel this Agreement after
the first thirty (30) days, or if We paid a claim during the first thirty
(30) days, We will return one hundred (100%) percent of the
unearned pro-rata Agreement Retail Price.
Section 11, Arbitration, is subject to the state rules governing the
arbitration of disputes as set forth in RSA 542.
NEW JERSEY
1.
2.
Section 9(B), Cancellation — How Refunds are Calculated, is
amended to include the following: A penalty in the amount of ten
(10%) percent of the Agreement Retail Price per month will be
applied to any refund not paid or credited within forty- five (45) days
after Our receipt of Your written request to cancel the Agreement.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following: If We cancel this Agreement for any reason
other than (a) Your failure to pay the Agreement Retail Price, (b)
Your or Your representative’s material misrepresentation or
omission, or (c) Your or Your representative’s substantial breach of
contractual obligations concerning the Covered Vehicle or its use,
You will be provided with at least fifteen (15) days prior written
notice of the effective date of cancellation and the reason for
cancellation.
NEW MEXICO
Section 9(B), Cancellation — How Refunds are Calculated, is
deleted in its entirety and replaced with the following: This
Agreement may be canceled for a full refund of the Agreement
Retail Price within thirty (30) days of the Agreement Purchase Date
(or the expiration of any applicable Waiting Period), if no claim has
been paid. If canceled after thirty (30) days, or if a claim was paid
during the first thirty (30) days, a pro-rata refund will be calculated
based upon the greater of time or mileage expired from the
Agreement Purchase Date and the Current Odometer Reading,
less any claims paid, and less a fee in the amount of (i) ten (10%)
percent of the Agreement Retail Price or (ii) fifty ($50) dollars,
whichever fee is less. If You cancel this Agreement within thirty (30)
days of the Agreement Purchase Date, a ten (10%) percent penalty
of the Agreement Retail Price per thirty (30) day period or portion
thereof will be applied to any refund not paid or credited within sixty
(60) days after Our receipt of Your written request to cancel the
Agreement.
SA
M
1.
2.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following: After seventy (70) days, We may only cancel
this Agreement for Your failure to pay an amount when due, Your
conviction of a crime which results in an increase in the service
required under the Agreement, Your fraud or material
misrepresentation in obtaining the Agreement or in presenting a
claim for service thereunder, or the discovery of an act or omission
by Your or Your violation of any condition of the Agreement or a
material change in the nature or extent of the required service or
repair which occurred after the Agreement Purchase Date that
substantially or materially increases the service required under the
Agreement. No cancellation is effective until at least fifteen (15)
days prior written notice of the effective date and the reason for
cancellation is mailed to You.
3.
This Agreement is non-renewable.
4.
Final contract price to be determined prior to presentation to
consumer for signature. See NMSA 1978 Section 59A-58-10.
5.
Section 10, Settlement, is amended to include the following: If You
have any concerns regarding the handling of your claim, You may
contact the Office of Superintendent of Insurance at 855-427-5674.
BUVSC 10/22
1.
The following wording is added to this Agreement: Section II(C) of
New York General Business Law requires an automobile dealer,
unless otherwise excepted, to provide a Warranty covering certain
classes of used motor vehicles as follows:
a. Used Units with 36,000 miles or less at the time of sale:
provides coverage for 90 days or 4,000 miles, whichever occurs
first.
b. Used Units with 36,001 miles — 80,000 miles at the time of
sale: provides coverage for 60 days or 3,000 miles, whichever
occurs first.
c. Used Units with 80,001 miles — 100,000 miles at the time of
sale: provides coverage for 30 days or 1,000 miles, whichever
occurs first.
PL
E
3.
NEW YORK
2.
The Trip Interruption Benefit referenced in Section 4(F) is
unavailable to New York residents and is deleted in its entirety.
3.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following: If We cancel the Agreement, We will provide
You with written notice at least fifteen (15) days prior to cancellation
and state the effective date for the cancellation and the reason for
the cancellation.
4.
Section 9(B), Cancellation — How Refunds are Calculated, is
amended to include the following: A ten (10%) percent penalty per
month shall be added to a refund that is not made within thirty (30)
days of Our receipt of Your written request to cancel the
Agreement.
NORTH CAROLINA
1.
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: This Agreement may be
canceled for a full refund of the Agreement Retail Price within thirty
(30) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period), if no claim has been paid. If canceled
after thirty (30) days from the Agreement Purchase Date, or if a
claim was paid during the first thirty (30) days from the Agreement
Purchase Date, the refund amount will be calculated pro-rata based
upon the greater of the time or mileage expired from the Agreement
Purchase Date and the Current Odometer Reading, less any claims
paid, and less a processing fee in the amount of ten (10%) percent
of the amount of the pro-rata refund or fifty ($50) dollars, whichever
is less.
OHIO
1.
This Agreement is not insurance and is not subject to the insurance
laws of this state.
OKLAHOMA
1.
This is not an insurance contract. Coverage afforded under this
Agreement is not guaranteed by the Oklahoma Insurance Guaranty
Association.
2.
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: The Agreement may be
canceled for a full refund of the Agreement Retail Price within thirty
(30) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period) if no claims have been authorized or
paid. After thirty (30) days, or if a claim was authorized or paid
within the first thirty (30) days, a pro-rata refund will be calculated
based upon the greater of the time or mileage expired from the
Agreement Purchase Date and the Current Odometer Reading,
less claims paid, less a processing fee in the amount of ten (10%)
percent of the pro-rata refund amount or fifty ($50) dollars,
whichever is less.
3.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following: If We cancel the Agreement, We will mail You
written notice at least thirty (30) days prior to the effective date of
cancellation.
4.
Oklahoma service warranty statutes do not apply to commercial
use references in service warranty contracts.
5.
Section 11, Arbitration, is replaced in its entirety by the following:
The parties may agree that all individual claims or disputes arising
from or relating to this Agreement, whether in contract, tort,
pursuant to statute, regulation, ordinance or in equity or otherwise
and whether Your dispute is with Obligor, the Selling Dealer, or the
Insurance Company listed in the Settlement section, will be settled
by impartial arbitration. To initiate arbitration, You must notify
Page 13 of 16
Buick Protection Plan Terms & Conditions
Administrator in writing of Your desire to submit Your issue to
arbitration. You are responsible for providing Administrator with at
least three (3) proposed arbitrators. Administrator has the right to
question the proposed arbitrators to confirm neutrality and select
any of the three (3) to act as the Arbitrator. If Administrator
demonstrates that none of the three (3) proposed arbitrators are
neutral, You may be asked to proffer additional arbitrators until one
(1) is selected. The Arbitrator is responsible for setting the ground
rules and procedures for the arbitration. The Arbitrator’s decision is
non- binding unless the parties agree otherwise. The parties will
share the cost of arbitration equally, unless the Arbitrator directs
otherwise.
written notice at least five (5) days prior to cancellation and state
the effective date of cancellation and the reason for cancellation.
4.
UTAH
1.
Coverage afforded under this Agreement is not guaranteed by the
Property and Casualty Guaranty Association.
2.
Section 6, How to File a Claim, is amended to include the following:
Your failure to contact the Administrator or provide claim
documentation within the specified time frame will not invalidate
Your claim if You can demonstrate that it was not reasonably
possible to give notice, file Your claim, or provide claim
documentation within the prescribed time frame, and that Your
notice and/or claim documentation was provided as soon as
reasonably possible. Emergency Repairs are not limited to those
required because the Covered Vehicle is inoperable or unsafe to
drive.
OREGON
Section 11, Arbitration, is replaced in its entirety by the following:
The parties may agree that all individual claims or disputes arising
from
or relating to this Agreement, whether in contract, tort,
pursuant to statute, regulation, ordinance or in equity or otherwise,
and whether Your dispute is with Obligor, the Dealer or the
Insurance Company listed in the Section 10, Settlement, will be
settled by impartial arbitration in accordance with the Oregon
Uniform Arbitration Act. To initiate arbitration, You must notify Us in
writing of Your desire to submit Your issue to arbitration. You are
responsible for providing Us with at least three (3) proposed
arbitrators. We have the right to question the proposed arbitrators
to confirm neutrality and select any of the three (3) to act as the
Arbitrator. If We demonstrate that none of the three (3) proposed
arbitrators are neutral, the Arbitrator will be appointed
in
accordance with O.R.S. § 36.645. The Arbitrator is responsible for
setting the ground rules and procedures for the arbitration. The
Arbitrator’s decision is non-binding unless the parties agree
otherwise. The parties will share the cost of arbitration equally,
unless the Arbitrator directs otherwise. Arbitrations will take place
under the laws of the state of Oregon and will be held in Your county
of residence, or any other county in Oregon agreed to by You and
Us.
SOUTH CAROLINA
3.
Section 11, Arbitration, is replaced in its entirety by the following:
Any matter in dispute between You and Us may be subject to
arbitration as an alternative to court action pursuant to the rules of
the American Arbitration Association, a copy of which is available
on request from the Administrator. Any decision reached by
arbitration shall be binding upon both You and Us. The Arbitration
award may include attorney’s fees if allowed by state law and may
be entered as a judgment in any court of proper jurisdiction. Nothing
in this section shall preclude You from bringing an action arising
under this Agreement in a small claims court having proper
jurisdiction.
4.
Sections 9(B) and 9(C), Cancellation — How Refunds are
Calculated and Cancellation — Cancellation by Us, are deleted and
replaced in their entirety by the following: The Agreement may be
canceled for a full refund of the Agreement Retail Price, less any
claims paid, within sixty (60) days of the Agreement Purchase Date
(or the expiration of any applicable Waiting Period). After sixty (60)
days, a pro-rata refund will be calculated based upon the greater of
the time or mileage expired from the Agreement Purchase Date and
the Current Odometer Reading, less any claims paid, and less a
processing fee in the amount of fifty ($50) dollars. We cannot
cancel the Agreement except for material misrepresentation at the
time of sale, a substantial change in the risk assumed, unless the
insurer should reasonably have foreseen the change or
contemplated the risk when entering into the Agreement,
substantial breaches in contractual duties, conditions or warranties,
or non-payment of the Agreement Retail Price, in which case You
will be notified by certified mail at least thirty (30) days prior to the
effective date of cancellation. If We cancel this Agreement during
the first thirty (30) days, We will return one hundred (100%) percent
of the Agreement Retail Price, if no claim has been paid. If We
cancel this Agreement after the first thirty (30) days, or if We paid a
claim during the first thirty (30) days, We will return one hundred
(100%) percent of the unearned pro-rata Agreement Retail Price,
less any claims paid.
5.
This Agreement is subject to limited regulation by the Utah
Insurance Department. To file a complaint, contact the Utah
Insurance Department.
6.
The How to File a Claim section is amended by the following: An
emergency repair is a repair performed outside normal business
hours.
Section 9(B), Cancellation — How Refunds are Calculated, is
amended to include the following: If You cancel the Agreement
within thirty (30) days of the Agreement Purchase Date (or the
expiration of any applicable Waiting Period), a ten (10%) percent
penalty per month will be applied to any refund not paid or credited
within forty- five (45) days after Our receipt of Your written request
to cancel the Agreement.
SA
M
1.
PL
E
1.
2.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following: If We cancel the Agreement, We will mail a
written notice to You at least fifteen (15) days prior to the effective
date of cancellation and state the effective date of the cancellation
and the reason for the cancellation.
3.
If You have questions, concerns or complaints regarding the
Agreement, You may contact the South Carolina Department of
Insurance at Capitol Center, 1201 Main Street, Suite 1000,
Columbia, South Carolina 29201 or at 1-800-768-3467.
TEXAS
1.
Safe-Guard Products International, LLC’s Texas Administrator
License Number is 203.
2.
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: This Agreement may be
canceled for a full refund of the Agreement Retail Price within thirty
(30) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period), less any claims paid. If canceled after
the first thirty (30) days, a pro-rata refund will be calculated based
upon the greater of time or mileage expired from the Agreement
Purchase Date and the Current Odometer Reading, less any claims
paid, and less a fifty ($50) dollar processing fee. A ten (10%)
percent penalty of the amount outstanding per month will be applied
to any refund not paid or credited within forty-five (45) days after
Our receipt of Your written request to cancel the Agreement. If Your
cancellation refund is not paid within forty-five (45) days after Our
receipt of Your written cancellation notice, You may request a
refund from Virginia Surety Company, Inc., 175 West Jackson
Blvd., Chicago, Illinois 60604, 1-800-209-6206.
3.
Section 9(C), Cancellation — Cancellation by Us, is amended to
include the following: If We cancel the Agreement, We will provide
BUVSC 10/22
Unresolved complaints concerning a provider or questions
concerning the registration of a service contract provider may be
addressed to the Texas Department of Licensing and Regulation,
P.O. Box 12157, Austin, Texas 78711, telephone number 512-4636599 or 1-800-803-9202.
VERMONT
1.
Residents of Vermont are not required to abide by Section 11,
Arbitration, but may voluntarily choose to participate in the
arbitration process.
VIRGINIA
1.
If any promise made in the Agreement has been denied or has not
been honored within sixty (60) days after Your request, You may
contact the Virginia Department of Agriculture and Consumer
Services, Office of Charitable and Regulatory Programs at
http://www.vdacs.virginia.gov/food-extended-service-contractproviders.shtml to file a complaint.
Page 14 of 16
Buick Protection Plan Terms & Conditions
cannot cancel this Agreement for any reason. In the event of
cancellation by Us, any refund amount owed will be paid or credited
within thirty (30) days of the effective date of cancellation.
WASHINGTON
1.
6.
Section 10, Settlement, is replaced in its entirety by the following:
Our obligations under this Agreement are guaranteed under
Warranty Reimbursement Policy #2622-WA issued by Virginia
Surety Company, Inc., 175 West Jackson Blvd., Chicago, Illinois
60604, 1-800-209-6206. You may file a claim or cancellation
request directly with Virginia Surety Company, Inc., 175 West
Jackson Blvd., Chicago, Illinois 60604, 1-800-209-6206.
WASHINGTON D.C.
1.
Section 9(B), How Refunds are Calculated, is replaced in its
entirety by the following: This Agreement may be canceled for a full
refund of the Agreement Retail Price within thirty (30) days of the
Agreement Purchase Date (or the expiration of any applicable
Waiting Period), if no claim has been paid. If canceled after thirty
(30) days, or if a claim was paid during the first thirty (30) days, a
pro-rata refund will be calculated based upon the greater of time or
mileage expired from the Agreement Purchase Date and the
Current Odometer Reading, less any claims paid, and less a
processing fee in the amount of (i) ten (10%) percent of the
Agreement Retail Price or (ii) fifty ($50) dollars, whichever fee is
less. A ten (10%) percent penalty per month will applied to any
refund that is not paid or credited within forty-five (45) days after
Your return of this Agreement to Us.
SA
M
PL
E
2.
The following notice is added: IMPLIED WARRANTY OF
MERCHANTABILITY: The Implied Warranty of Merchantability on
the Covered Vehicle is not waived if the Agreement has been
purchased within ninety (90) days of the purchase date of the
Covered Vehicle from the dealer who also sold the Vehicle.
Section 11, Arbitration, is replaced in its entirety by the following:
This Agreement requires binding arbitration if there is an
unresolved dispute between You and Us concerning this
Agreement (including the cost of, lack of or actual repair or
replacement arising from a Mechanical Breakdown). Under this
Arbitration provision, You give up Your right to resolve any dispute
arising from this Agreement by a judge and/or a jury. You also
agree not to participate as a class representative or class member
in any class action litigation, any class arbitration or any
consolidation of individual arbitrations. In arbitration, a group of
three arbitrators (each of whom is an independent, neutral third
party) will give a decision after hearing Your and Our positions. The
decision of a majority of the arbitrators will determine the outcome
of the arbitration and the decision of the arbitrators shall be final
and binding and cannot be reviewed or changed by, or appealed
to, a court of law. Any dispute on the application of this arbitration
provision will be made by the local court of law in the county and
state where You live. Notwithstanding this arbitration provision, You
are not prohibited from bringing an action in Small Claims Court to
resolve Your dispute. The Consumer Arbitration Rules of the
American Arbitration Association (www.adr.org) will apply to any
arbitration under this Agreement. To start arbitration, either You or
We must make a written demand to the other party for arbitration.
This demand must be made within one (1) year of the earlier of the
date the Mechanical Breakdown occurred or the dispute arose or
the applicable statute of limitations period, whichever is longer. You
and We will each separately select an arbitrator. The two arbitrators
will select a third arbitrator called an “umpire.” All costs and
expenses of the arbitration will be shared equally by You and Us.
Unless otherwise agreed to by You and Us, the arbitration will take
place in the county and state in which You live. The procedural
rules for arbitration shall be governed by the Federal Arbitration Act
(9 U.S.C.A. § 1 et. seq.) and not by any state law concerning
arbitration. The laws of the state of Washington (without giving
effect to its conflict of law principles) govern all substantive matters
arising out of or relating to this Agreement and all transactions
contemplated by this Agreement, including, without limitation, the
validity, interpretation, construction, performance and enforcement
of this Agreement.
3.
4.
5.
Section 9(A), Cancellation — Cancellation by You, is amended by
the following: Any refund amount owed will be paid or credited
within thirty (30) days of the date the Customer’s or
Lender’s/Lessor’s cancellation request is received by Us or the
Administrator.
Section 9(B), Cancellation — How Refunds are Calculated, is
replaced in its entirety by the following: This Agreement may be
canceled for a full refund of the Agreement Retail Price within thirty
(30) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period), if no claims have been incurred. After
thirty (30) days, or if a claim was incurred during the first thirty (30)
days, a pro-rata refund will be calculated based upon the greater of
the time or mileage expired from the Agreement Purchase Date and
the Current Odometer Reading, less a processing fee in the amount
of twenty-five ($25) dollars. A ten (10%) percent penalty per month
will be added to any refund that is not paid within thirty (30) days of
Our receipt of Your written cancellation request.
Section 9(C), Cancellation — Cancellation by Us, is replaced in its
entirety by the following: We may cancel this Agreement within sixty
(60) days of the Agreement Purchase Date (or the expiration of any
applicable Waiting Period) for material misrepresentation or fraud,
or non-payment of the Agreement Retail Price, in which case You
will be notified for the reason for cancellation and the effective date
of cancellation by certified mail prior to the effective date of
cancellation. If We cancel this Agreement during the first thirty (30)
days, We will return one hundred (100%) percent of the Agreement
Retail Price, if no claim has been paid. If We cancel this Agreement
after the first thirty (30) days, or if We paid a claim during the first
thirty (30) days, We will return one hundred (100%) percent of the
unearned pro-rata Agreement Retail Price, less any claims paid.
After sixty (60) days from the Agreement Purchase Date, We
BUVSC 10/22
2.
Section 9(C), Cancellation by Us, is replaced in its entirety by the
following: We cannot cancel this Agreement except for material
misrepresentation, fraud, a substantial breach of Your contractual
duties under this Agreement, or non-payment of the Agreement
Retail Price, in which case You will be notified of the reason for
cancellation and the effective date of cancellation by certified mail
at least five (5) days prior to the effective date of cancellation. The
written notice will state the effective date of the cancellation and the
reason for cancellation. Prior written notice will not be required if
the reason for the cancellation if nonpayment of the Agreement
Retail Price, a material misrepresentation by You to Us, or a
substantial breach of duties by the Customer relating to the
Covered Vehicle or its use. If We cancel this Agreement during the
first thirty (30) days, We will return one hundred (100%) percent of
the Agreement Retail Price, if no claim has been paid. If We cancel
this Agreement after the first thirty (30) days, or if We paid a claim
during the first thirty (30) days, We will return one hundred (100%)
percent of the unearned pro-rata Agreement Retail Price, less any
claims paid.
WISCONSIN
1.
THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY
THE OFFICE OF THE COMMISSIONER OF INSURANCE.
2.
Section 6, How to File a Claim, is amended to include the following:
You must submit a claim for reimbursement to Us for an emergency
repair along with all required documents within one (1) year of
authorization or commencement of the emergency repair.
3.
Section 11, Arbitration, is deleted in its entirety.
4.
Sections 9(B) and 9(C), Cancellation — How Refunds are
Calculated and Cancellation — Cancellation by Us are replaced in
their entirety by the following: The Agreement may be canceled for
a full refund of the Agreement Retail Price within thirty (30) days of
the Agreement Purchase Date (or the expiration of any applicable
Waiting Period) provided that no claims were made during the first
thirty (30) days. The right to cancel the Agreement during the first
thirty (30) days is not transferable and only applies to the Customer
listed on the Registration Page. A ten (10%) percent monthly
penalty of the refund amount outstanding will be applied to any
refund not paid or credited within forty-five (45) days after Our
receipt of Your written request to cancel the Agreement during the
first thirty (30) days. An Agreement canceled by the Customer
during the first thirty (30) days under which a claim was made
during the first thirty (30) days, or an Agreement canceled by the
Customer after the first thirty (30) days are both eligible for a prorata refund calculated based upon the greater of the time or
mileage expired from the Agreement Purchase Date and the
Current Odometer Reading, less claims paid, less a processing fee
in the amount of (i) ten (10%) percent of the Agreement Retail Price
or (ii) fifty ($50) dollars, whichever fee is less. In the event of total
loss of the Covered Vehicle, You may cancel this Agreement, in
which case Your refund will be calculated pro-rata based upon the
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Buick Protection Plan Terms & Conditions
greater of the time or mileage expired from the Agreement
Purchase Date and the Current Odometer Reading, less any claims
paid. We cannot cancel the Agreement except for a material
misrepresentation made by You, non-payment of the Agreement
Retail Price, or a substantial breach of duties by You relating to the
Covered Vehicle or its use, in which case You will be notified of the
reason for cancellation and the effective date of cancellation by
certified mail at last five (5) days prior to the effective date of
cancellation. during the first thirty (30) days, We will return one
hundred (100%) percent of the Agreement Retail Price, if no claim
has been paid. If We cancel this Agreement after the first thirty (30)
days, or if We paid a claim during the first thirty (30) days, We will
return one hundred (100%) percent of the unearned pro-rata
Agreement Retail Price, less any claims paid.
Section 3(G)(4) is deleted in its entirety.
Sections 9(B), 9(C), and 9(D), Cancellation — How Refunds are
Calculated, Cancellation — Cancellation by Us, and Cancellation—
Refunds to Lender/Lessor/Payment Plan Provider, are replaced in
their entirety by the following: The Agreement may be canceled for
a full refund of the Agreement Retail Price, less any claims paid
within thirty (30) days of the Agreement Purchase Date (or the
expiration of any applicable Waiting Period). After thirty (30) days,
a pro-rata refund will be calculated based upon the greater of the
time or mileage expired from the Agreement Purchase Date and
the Current Odometer Reading, less claims paid, and less a fifty
($50) dollar processing fee. A ten (10%) percent penalty per month
will be added to a refund that is not paid or credited within forty-five
(45) days after Our receipt of Your written request to cancel the
Agreement. We cannot cancel the Agreement except for material
misrepresentation or fraud at the time of sale, lack of proper
maintenance, or non-payment of the Agreement Retail Price, in
which case You will be notified of the reason for the cancellation
and the effective date of the cancellation by certified mail at Your
last known address at least ten (10) days prior to the effective date
of cancellation. If We cancel this Agreement during the first thirty
(30) days, We will return one hundred (100%) percent of the
Agreement Retail Price, if no claim has been paid. If We cancel this
Agreement after the first thirty (30) days, or if We paid a claim
during the first thirty (30) days, We will return one hundred (100%)
percent of the unearned pro-rata Agreement Retail Price, less any
claims paid. Any refund due will be made payable jointly to You and
the Lender/Lessor/Payment Plan Provider unless You provide Us
with written documentation from Lender/Lessor/Payment Plan
Provider stating that the Finance Agreement has been paid in full.
If the cancellation of the Agreement occurs as a result of total loss
or the repossession of the Covered Vehicle, any refund due may
be paid directly to the Lender/ Lessor.
SA
M
1.
PL
E
5.
WYOMING
2.
Section 11, Arbitration, is replaced in its entirety by the following:
At the time of any disagreement between the Customer and the
service contract Provider, in a separate written agreement, the
parties may voluntarily agree to submit their matters of difference
to arbitration in accordance with the Wyoming Uniform Arbitration
Act, and that the results of arbitration are binding on the parties
without the right of appeal.
BUVSC 10/22
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