EXTENDED SERVICE AGREEMENT - APPLIANCES This Agreement is not a Contract of Insurance

Transcription

1 Administrator: [ New Leaf Service Contracts, LLC 909 Lake Carolyn Parkway, Suite 900, Irving, TX EXTENDED SERVICE AGREEMENT - APPLIANCES This Agreement is not a Contract of Insurance PLEASE READ CAREFULLY: IN RETURN FOR PAYMENT BY YOU AND SUBJECT TO ALL TERMS OF THIS AGREEMENT, WE WILL PROVIDE COVERAGE AS STATED IN THIS AGREEMENT. PLEASE REFER TO THE DECLARATIONS PAGE AND/OR YOUR SALES RECEIPT TO DETERMINE WHAT APPLIANCES ARE COVERED, THE TERM OF THIS AGREEMENT AND IF THERE IS A CO-PAY AMOUNT AND WAITING PERIOD. YOU MUST MAINTAIN THE COVERED PRODUCT AS RECOMMENDED BY THE MANUFACTURER S OWNERS MANUAL OR PRODUCT WARRANTY. NOTICE: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY OBLIGOR AND FILES A STATEMENT OF CLAIM OR ANY APPLICATION CONTAINING FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE. DEFINITIONS Administrator : [New Leaf Service Contracts, LLC, 909 Lake Carolyn Parkway, Suite 900, Irving, TX ]. Agreement : This Extended Service Agreement is a contract between You and Us. Breakdown : A mechanical failure of Your covered appliance(s) to perform its fundamental operation(s) in normal service. Obligor, We, Us and Our : The company obligated under this Agreement, 4warranty Corporation, [10151 Deerwood Park Blvd, Bldg. 100 Ste. 500, Jacksonville Florida (800) ], in all states except in Florida and Oklahoma where it is Lyndon Southern Insurance Company, [10151 Deerwood Park Blvd, Bldg. 100 Ste. 500, Jacksonville Florida (800) ] and in Wisconsin where it is The Service Doc, [10151 Deerwood Park Blvd, Bldg. 100, Suite 500, Jacksonville, FL (800) ] and in Washington where it is Dealers Alliance Corporation, [240 N. Fifth Street, Suite 350, Columbus, OH 43215]. You and Your : The purchaser of the covered product(s). COVERAGE Coverage under this Agreement is only valid after Our receipt and acceptance of payment. In the event of a covered Breakdown, We will arrange for a qualified service provider to repair or replace the appliance(s) located within Your primary dwelling listed on the Declarations Page and/or Your sales receipt attached to this Agreement. Single family home, condominium, townhouse or mobile home built on a permanent foundation less than five thousand (5,000) square feet are eligible for coverage. Co-Pay Amount: You will be required to satisfy a Co-Pay of [fifty dollars ($50)] for each repair. This amount will be paid directly to the Authorized Service Technician at the time of service in order to satisfy Your Co-Pay prior to receiving service. TERM The Term of this Agreement begins on the date of purchase and continues for the period indicated on the Declarations Page and/or Your sales receipt or invoice. Coverage begins the [thirty-first (31 st ) day] after the Purchase Date of this Agreement. Payment is due at the time of purchase and must be received for Your coverage to be effective. Failures that occur within the first [thirty (30) days] of plan purchase are not eligible for coverage and will be Your sole responsibility. 1. Monthly Term: If the Term indicated on the Declarations Page and/or Your sales receipt is Monthly, coverage continues as long as the monthly Agreement fees are paid by You in full by the billing due date. This Agreement will renew automatically on a monthly basis and will continue to renew unless full payment is not received by the billing due date. We may non-renew this Agreement for any reason at any time. a. For Monthly Term coverage, We have the right to modify rates and/or Agreement provisions. Notice of any changes to rate and/or Agreement provisions will be given to You, in writing, at least thirty (30) days prior to implementation. You may terminate coverage by giving written notice at any time prior to the effective date of the change. WHAT IS COVERED Your Agreement covers parts and labor to repair or replace the appliance(s) currently in use by You and covered by this Agreement. Your appliance(s), which are covered by this Agreement, are indicated on the Declarations Page and/or Your sales receipt. We may use new or remanufactured parts, or non-original manufacturer parts in repairing Your covered appliance. Parts used will be of like, kind and quality. We reserve the right to restrict certain makes of equipment from coverage eligibility based on commercial design and use, and due to obsolete parts. HOW TO GET SERVICE In the event of a covered Breakdown under this Agreement, You must: 1. Notify Us as soon as possible by calling toll free (844) We will arrange for a qualified service provider to diagnose and repair or replace Your covered appliance. Service will be scheduled during normal business hours. 3. Your responsibilities: a. Ensure that an adult will be present at the time of scheduled service. b. Provide a non-threatening and safe environment in all circumstances. c. Provide access to the appliance. d. Cooperate and assist Us in any matter concerning a covered Breakdown. e. Take every precaution to protect the failed system or appliance until We authorize the necessary repair or replacement and the work is completed. f. Provide payment directly to the Authorized Service Technician in order to satisfy Your Co-Pay amount indicated in the Co-Payment Amount section of this Agreement. 4. If You refuse service on a covered item after We have dispatched the repair service to Your location, You will be billed for that servicer s applicable trip charge.

2 EMERGENCY SERVICE Emergency Service is available for the following items ONLY: REFRIGERATORS; FREEZERS; CENTRAL A/C; HVAC- HIGH OR STANDARD EFFICENCY HEAT PUMP. If after [5:00 PM Central Time] You require service, You may contact any manufacturer authorized service repair facility listed online or in your local phone book. Mail Us Your original repair bill and a copy of this Agreement for reimbursement. You will be reimbursed for the standard repair rate; any additional charges for emergency service will be Your sole responsibility. ALL COVERAGES AND EXCLUSIONS IN THIS AGREEMENT WILL APPLY. COVERAGE DESCRIPTION Only the appliance(s) listed on the Declarations Page and/or Your sales receipt are eligible for coverage under this Agreement. We will cover all components and parts, except for those NOT COVERED. NOT COVERED: Racks baskets rollers interior linings doors hinges glass fuses hoses handles belts light bulbs clocks freezers which are not an integral part of the kitchen refrigerator rollers shelves portable or counter-top units meat probe assemblies rotisseries sensi-heat burners (will only be replaced with standard burners) ice crusher refrigerator ice and/or beverage dispenser interior thermal shells Plastic minitubs soap dispenser filter screens knobs and dials damage to clothing switches venting tubes lint screen removable buckets gaskets. WHAT IS NOT COVERED Performance of a Home Inspection will not prevent Our applying any of the following EXCLUSIONS. We shall not be responsible for and do not cover any of the following: 1. Any failures that occur during the first [thirty (30) days] of plan purchase. 2. Repairs or replacements if Breakdown is caused by any of the following: a. Alteration, modification, addition to or deletion from the covered appliances, negligence, abuse, misuses, inadequate plumbing, wiring, and power supply. b. Breakdown caused by introduction of foreign objects into the covered appliance, clothing lodged in the appliance and lint buildup. c. Gradual reductions in performance due to normal wear and tear where no failure has occurred. d. Lack of capacity, adequacy, efficiency, design, or improper installation. Adding of additional loads in greater quantities or capacity than the original design. e. Failure to perform routine maintenance/service. f. Chemical, sediment, or mineral build-up or deposits, mold, rust, corrosion. g. Freezing, fire, wind, water, flood, lightning, ice, hail, snow, explosion, mud, earthquake, soil movement, storm, pet damage, pest damage, vandalism, theft, electrical or water fluctuations, power surge, riot, military unrest, accident, physical damage of any kind, noises and no problem found. 3. Any and all costs associated with a service visit, if it is determined that coverage under this Agreement does not apply, or no covered Breakdown is discovered. 4. Any failure to provide service due to conditions beyond Our control, such as, delays in obtaining parts or equipment or labor difficulties. 5. Obstructed access to covered equipment. This Agreement provides coverage for unobstructed access to walls, floors, and ceilings only and returning site to a rough finish. We are not responsible for any wall or floor covering, cabinets, counter tops, tiling, paint, wall paper, or th e like. 6. Consequential or incidental damages. 7. Repairs or replacements caused by pre-existing conditions, defects or deficiencies. 8. Repairs or replacements arising from manufacturer s recalls and/or class action suits. 9. Repairs or replacements performed without Our prior authorization. 10. Repairs or replacement of covered items otherwise covered under any other type of manufacturer warranty, service agreement or insurance policy. 11. Repairs or replacement of appliances classified by the manufacturer as commercial. 12. Costs associated with treatment, removal, recovery, disposal, transport or storage of any known or suspected toxic or hazardous substance/material. 13. Cost to correct or upgrade any parts, equipment and/or systems in order to comply with any federal, state or local laws, code violation, regulations or ordinances or utility regulations. 14. Costs associated in obtaining permits. 15. Performance of routine maintenance/service or maintenance parts and/or materials. 16. Cost of construction, carpentry, or other modifications made necessary because of the disconnection and/or installation of th e appliance(s) or the cost of hauling away or disposing of the appliance(s). 17. Systems or appliances recessed in the foundation or exterior walls that are exposed to outside perils. 18. Access to a covered appliance through an exterior wall. 19. Shared appliances. 20. Residential property that is used for any commercial, business, community living, or care purposes. Mobile homes NOT built on a permanent foundation. 21. Appliances not located within the perimeter of the main foundation or the attached garage at the covered address. 22. Appliances not properly installed, maintained and fully operational on the effective date of this Agreement. 23. Repairs or replacement to residential property where all utilities were not in service throughout the coverage period. 24. Breakdown caused by a non-covered part. 25. Repairs to or replacement of used appliances purchased by You after the purchase date of Your Agreement. [Specific to HVAC: In addition to any applicable exclusions listed above, this Agreement only covers the operating condition of Your Product and does not cover (1) non-operating or external parts, e.g. protective glass; housings; insulation; conduit; frames; cabinets; knobs; dials; drawers; handles; shelves; doors; hinges; light bulbs; clogged drain lines; electrodes; nozzles; gaskets; nuts/bolts; exterior disconnect box; thermostat calibration; incorrect wiring; high/low voltage lines external of the equipment; ductwork; items outside the installed unit s cabinet; routine maintenance; refrigerant disposal fees; cosmetic damage; failures due to incorrect refrigerant; improperly matched condensing units and evaporator coils; filters; hoses; premature failure and corrosion due to use of inferior building materials such as Chinese drywall, etc.; (2) any installed accessory item, e.g., gas or electronic connectors; (3) Service or adjustments due to changes in external power.] Page 2 of 5

3 [Specific to Water Heaters: In addition to any applicable exclusions listed above, We do not cover auxiliary holding or storage tanks; noise(s); fuel storage tank; energy conservation units; removal of carbon, varnish, sludge, or contaminants; necessary fuel and ignition system calibrations and adjustments.] LIMITS OF LIABILITY If there is a covered Breakdown, We will at Our option, either: (1) Repair the covered item; or (2) Replace the covered item with equipment of similar features, efficiency, and capacity, but not for matching dimension, brand, or color. Our maximum Limit of Liability for access, diagnosis and repair or replacement within the last twelve (12) month period from the current Breakdown date shall not exceed [one thousand two hundred dollars ($1,200)] for each covered Appliance. The maximum benefits under this Agreement is [three thousand five hundred dollars ($3,500)] in the aggregate within the last twelve (12) months from the current Breakdown date. We are only responsible for basic site restoration to the access point on a covered repair or replacement. Such site restoration is limited to closing openings in walls, ceilings, and floors and returning it to a rough finish. We may elect to issue a check to You in the event the cost of repair or replacement exceeds the maximum limits. IN NO EVENT SHALL WE OR ANY OF OUR AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CON- TRACT, TORT, OR NEGLIGENCE. THIS CONTRACT WILL NOT COVER LOSS OR DAMAGE NOT SPECIFICALLY LISTED UNDER WHAT IS COVERED. CONDITIONS 1. Renewal: We may renew Your Agreement at Our sole discretion. 2. Non-Renewal: We have the right to non-renew this Agreement for any reason. 3. Transferability: This Agreement is not transferable. 4. Territories: The Agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canadian or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands. 5. Subrogation: If We pay for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover. 6. Arbitration: In the event of a disagreement between You and Us concerning costs, either party may make a written demand for arbitration. T his must be done within sixty (60) days after the day You filed Your claim. Each party will select an arbitrator. The two (2) arbitrators will select an umpire. Each party will pay the expenses of the respective arbitrator selected. The expenses of the umpire will be shared equally. Unless both parties agree otherwise, arbitration will take place in the county and state in which You live. Local rules will apply. A majority decision will be binding. 7. Cancellation: Annual Term: You may cancel this Agreement for any reason at any time. If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement You must first return to the selling retailer or to Administrator for a full refund. If You cancel after thirty (30) days of receipt of Your Agreement, You must first return to the selling retailer or to Administrator should the selling retailer not be available, and You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the Agreement Fee (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation. If We cancel, the return Agreement Fee is based upon one hundred percent (100%) of the unearned pro-rata Agreement Fee. Monthly Term: You may cancel the Contract within the first 30 days by surrendering Your copy of the Contract with written notice to Seller or Administrator. You are entitled to a full refund, less any claims paid, during your initial 30 day coverage, if You contact and provide written notice of cancellation within the first one (1) month term after the Contract purchase date. If You do not renew this Contract after the first one (1) month term, the Contract will terminate and no refund will be provided. 8. Entire Agreement: This is the entire Service Agreement between the parties, and no representation, promise or condition not contained herein shall modify these items. INSURANCE THE OBLIGOR UNDER THIS AGREEMENT IS INSURED BY LYNDON SOUTHERN INSURANCE COMPANY, [10151 DEERWOOD PARK BLVD, BLDG. 100, SUITE 500, JACKSONVILLE, FL (800) ], EXCEPT IN GEORGIA WHERE THE OBLIGOR IS INSURED BY INSURANCE COMPANY OF THE SOUTH, [10151 DEERWOOD PARK BLVD., BLDG., SUITE 500, JACKSONVILLE, FL (800) ], EXCEPT IN CALIFORNIA WHERE THE OBLIGOR IS INSURED BY RESPONSE INDEMNITY COMPANY OF CALIFORNIA, [10151 DEERWOOD PARK BLVD., BLDG., SUITE 500, JACKSONVILLE, FL (800) ], AND EXCEPT IN NEW YORK, RHODE ISLAND, WASHINGTON AND WISCONSIN WHERE THE OBLIGOR IS INSURED BY DEALERS ASSURANCE COMPANY, [240 N. FIFTH STREET, SUITE 350, COLUMBUS, OH 43215, (800) ]. IF THE ADMINISTRATOR FAILS TO PROVIDE SERVICE OR PAY A CLAIM WITHIN SIXTY (60) DAYS YOU MAY SUBMIT YOUR CLAIM DIRECLTY TO THE INSURER AT THE ABOVE ADDRESS. STATE REQUIREMENTS AND DISCLOSURES THIS AGREEMENT IS AMENDED TO COMPLY WITH THE FOLLOWING REQUIREMENTS AND DISCLOSURES. Alabama: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days Arizona: In the WHAT IS NOT COVERED section of this Agreement, exclusion 6 is removed. CANCELLATION section is amended as follows: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. Arbitration does not preclude the consumer s right to file a complaint with the [Arizona Department of Insurance Consumer Affairs Division, (800) ]. Arkansas: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days California: For residents of California, the Administrator of this Agreement is 4warranty Corporation [10151 Deerwood Park Blvd., Bldg. 100, Suite 500, Jacksonville, Florida 32256]. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days Arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at [ ], or You may write to Department of Consumer Affairs, [3485 Orange Grove Avenue, North Highlands, California 95660], or You may visit their website at Informal dispute resolution is not available. Page 3 of 5

4 Colorado: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days Connecticut: If You purchased this Agreement in Connecticut, You may pursue arbitration to settle disputes between You and the provider of this Agreement. You may mail Your complaint to: State of Connecticut, Insurance Department, [P.O. Box 816, Hartford, Connecticut , Attention: Consumer Affairs]. The written complaint must describe the dispute, identify the price of the product and cost of repair, and include a copy of this Agreement. CANCELLATION section is amended as follows: You may cancel this Agreement if You return the Product or the Product is sold, lost, stolen, or destroyed. Florida: The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation. ARBITRATION section of this Agreement is removed. Georgia: Coverage is effective upon the expiration of the shortest portion of the manufacturer s warranty. In the WHAT IS NOT COVERED section of this Agreement, exclusion 6 is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Agreement and/or any sold AS- IS including but not limited to floor models, demonstration models, etc. CANCELLATION section is amended as follows: If You cancel after thirty (30) days of receipt of Your Agreement, You will receive a pro rata refund of the Agreement price. In the event of cancellation by US, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You. ARBITRATION section of this Agreement is removed. Hawaii: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned Service Agreement. Iowa: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned Service Agreement. Maine: CANCELLATION section is amended as follows: The provider of the Agreement shall mail a written notice to the Service Agreement Holder at the last known address of the Service Agreement Holder contained in the records of the provider at least fifteen (15) days prior to cancellation by the provider. The notice must state the effective date of the cancellation and the reason for the cancellation. If a Agreement is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the Service Agreement Holder one hundred percent (100%) of the unearned pro-rata provider fee, less any claims paid. An administrative fee not to exceed ten percent (10%) of the provider fee paid by the Service Agreement Holder may be charged by the provider. A monthly penalty equal to ten percent (10%) of the outstanding provider fee outstanding must be added to a refund that is not paid or credited within forty-five (45) days after the return of the Agreement to the provider. Maryland: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days Massachusetts: CANCELLATION section is amended as follows: The provider shall mail a written notice to the Service Agreement Holder, including the effective date of the cancellation and the reason for the cancellation at the last known address of the Service Agreement Holder contained in the records of the provider at least five (5) days prior to cancellation by the provider unless the reason for cancellation is nonpayment of the provider fee, material misrepresentation or a substantial breach of duties by the Service Agreement Holder relating to the Covered Product or its use. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days Michigan: If performance under 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. Minnesota: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days Mississippi: ARBITRATION section of this Agreement is removed. Missouri: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days Nevada: CANCELLATION section is amended as follows: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days EMERGENCY SERVICE section is amended as follows: If, in the situation described above, You are unable to locate any manufacturer-authorized service repair facility listed in Your local phone book and to arrange for service with such a facility, then We guarantee that repairs will commence within twenty-four (24) hours after the report of the claim. If We determine that repairs cannot practicably be completed within three (3) calendar days after the report of the claim, then We will provide a status report to You. ARBITRATION section of this Agreement is removed. This Agreement may contain a Waiting Period. Please check Your Declarations Page and/or sales receipt to see whether a Waiting Period exists for this Agreement and, if so, what the length of the Waiting period is. New Hampshire: In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department, [21 South Fruit Street, Concord, NH 03301, (603) ]. ARBITRATION section of this Agreement is removed. New Jersey: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days New Mexico: CANCELLATION section is amended as follows: We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Agreement has been in force for a period of seventy (70) days, We may not cancel it before the expiration of the Agreement term or one (1) year, whichever occurs first, unless: 1) You fail to pay any amount due; 2) You are convicted of a crime which results in an increase in the service required under the Agreement; 3) You engage in fraud or material misrepresentation in obtaining this Agreement; or 4) You commit any act, omission, or violation of any terms of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within sixty (60) days of receipt of a returned Agreement. New York: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days North Carolina: CANCELLATION section is amended as follows: We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of this Agreement. Oklahoma: This Agreement is not issued by the manufacturer or wholesale company marketing the product covered by this Agreement. This Agreement will not be honored by such manufacturer or wholesale company. Oklahoma service warranty Statutes do not apply to commercial use references in service warranty contracts. Page 4 of 5

5 Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. CANCELLATION section is amended as follows: In the event You cancel this Agreement, return of premium shall be based upon ninety percent (90%) of the unearned pro rata premium. In the event We cancel this Agreement, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium. Arbitration does not preclude Your right to a judicial review. If Agreement by arbitration is not reached within three months from the date of the demand for arbitration, You retain the right to sue the tortfesor. Oregon: Upon failure of the Obligor to perform under the Agreement, the insurer shall pay on behalf of the Obligor any sums the Obligor is legally obligated to pay and any service that the Obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination. CANCELLATION section is amended as follows: You, the Service Agreement Holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46 th day after the date on which Your Agreement is returned to the provider. ARBITRATION section of this Agreement is removed. South Carolina: If You purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, [P.O. Box , Columbia, South Carolina , telephone number ]. CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days Texas: If You purchased this Agreement in Texas, unresolved complaints or questions concerning the regulations of service contracts may be addressed to the Texas Department of Licensing and Regulation, [P.O. Box 12157, Austin, Texas 78711, telephone number (512) or (800) ]. Administrator: 4warranty Corporation, [10151 Deerwood Park Blvd, Bldg. 100 Ste. 500, Jacksonville Florida (800) ] Lic # 275. CANCELLATION section is amended as follows: You, the Service Agreement Holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46 th day after the date on which Your Agreement is returned to the provider. Utah: This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. CANCELLATION section is amended as follows: We can cancel this Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Agreement during such time period for non-payment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for non-payment of premium and thirty (30) days prior to the cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless the We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement or (c) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Agreement number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation. Any matter in dispute between You and the company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the company. Any decision reached by arbitration shall be binding upon both You and the company. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction. EMERGENCY SERVICE section is amended as follows: If after 5pm Eastern Time, You are unable to reach Us at [(800) ] and You require emergency repair, You may contact any manufacturer authorized service repair facility listed in Your phone book or online. Mail Us Your original repair bill along with the technician s report and a copy of the Agreement to 4warranty Corporation [10151 Deerwood Park Blvd, Bldg. 100 Ste. 500, Jacksonville Florida (800) ] for reimbursement. All coverage and exclusions in this agreement will apply. Washington: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service agreement. We may not cancel this Agreement without providing You with written notice at least twenty-one (21) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. You are not required to wait sixty (60) days before filing a claim directly with the insurer. ARBITRATION section is amended to add the following: The Insurance Commissioner of Washington is the Service Provider s attorney to receive service of process in any action, suit or proceeding in any court, and the state of Washington has jurisdiction of any civil action in connection with this Agreement. Arbitration proceedings shall be held at a location in closest proximity to the service Agreement holder s permanent residence. You may file a direct claim with the insurance company at any time. Wisconsin: ARBITRATION section of this Agreement is removed. CANCELLATION section is amended as follows: Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of this Agreement. In the WHAT IS NOT COVERED section of this Agreement, exclusion (L) and the unauthorized repairs and/or parts exclusion is removed. THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Agreement. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days If Administrator fails to provide, or reimburse or pay for, a service that is covered under this Agreement within sixty-one (61) days after You provide proof of loss, or if the Administrator becomes insolvent or otherwise financially impaired, You may file a claim directly with the Insurer for reimbursement, payment, or provision of the service. Wyoming: CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days ARBITRATION section of this Agreement is removed. Page 5 of 5