Direct Provisions Booklet

Extended Service Plan from
Ford Terms and Conditions

Ford Motor Service Company California License Number: OC41369

TABLE OF CONTENTS PAGE

1. Introduction & Parties 1
2. Entire Agreement 1
3. Definitions 1
4. Deductibles 2
A. Deductibles – Standard Deductibles 2
B. Deductibles – Optional Deductibles 2
5. What This Agreement Covers 2
A. PowertrainCARE 2
B. BaseCARE 2
C. ExtraCARE 2
D. PremiumCARE 3
E. Scheduled Maintenance Plan Coverages 3
6. Additional Benefits ….
A. Roadside Assistance Coverage 3
B. Rental Transportation Assistance 3
7. What Is Not Covered by this Agreement 3
8. Repair Information 4
A. Where to go for Repairs 4
B. Usage of New or
Remanufactured Parts 4
C. Loss Limits 4
9. Your Responsibilities For
Care of the Vehicle 4
10. Ineligible or Excess Coverage 4
11. Contract Modifications 4
A. Transferability 5
12. Your and Our Rights to Cancel This
Agreement and Receive a Refund 5
13. Dispute Resolution & Arbitration 5
14. State Specific Provisions 5

1. INTRODUCTION & PARTIES: This service contract and/or maintenance contract, including the Application (this “Agreement”) is between Ford Motor Service Company (referred to in this Agreement as “Us” or “We”) and the service contract holder (referred to in this Agreement as “You” or “Your”) except as otherwise stated in the Application or the State Specific Provisions. You may contact Us at the following address:
Ford Motor Service Company
Extended Service Plan Headquarters
P.O. Box 6045
Dearborn, Michigan 48121
and at the toll-free number: 800-392-FORD (3673).
2. ENTIRE AGREEMENT: This Agreement, which includes the Application, is the complete and exclusive statement of the agreement and understanding between You and Us regarding the extended service contract and related benefits for Your vehicle.
3. DEFINITIONS: In this Agreement, the following capitalized terms have the meanings assigned to them:
Branded Vehicle means a vehicle that, as of the Signature Date, has a valid certificate of title that indicates: (i) a salvage title, (ii) that the vehicle was stolen or (iii) that an insurance carrier insuring the vehicle determined that the physical damage to the vehicle exceeded the value of the vehicle.
Commercial Business Use means the Vehicle is: (i) used primarily for business purposes, including farm, delivery or construction purposes. Ford, Lincoln and Mercury vehicles reported sold with delivery codes: “7”, “D”, “E” or “L” are vehicles used for Commercial Business Use.
Competitive Make Vehicle means any vehicle not manufactured by Ford, Lincoln or Mercury.
CORE Coverages means PowertrainCARE, BaseCARE, ExtraCARE, and PremiumCARE, available under this Agreement.
Eligible Maintenance Visit means a single visit to a dealer or other service provider for maintenance to the Vehicle covered by this Agreement.
Eligible Repair Visit means a single visit to a dealer or other repair provider for service or repair of a failure to the Vehicle covered by this Agreement.
Emergency Service or Repair means necessary service or repair to an inoperable Vehicle at a dealer or repair provider other than a Ford or Lincoln Mercury dealership, because all Ford or Lincoln Mercury dealership service departments within a 25 mile radius are closed.
Emergency Travel Expenses means the costs of Your meals, lodging, car rental and commercial transportation to Your destination and the return trip to retrieve Your Vehicle after it is repaired.
Failure means a cessation of normal functioning of the Vehicle or components covered by this Agreement that arise from defects in materials or workmanship or caused by wear and tear covered by this Agreement.
Focus Vehicles means a Focus model vehicle manufactured by Ford Motor Company for any model year.
New Vehicle Limited Warranty means the manufacturer’s original limited warranty covering a new Vehicle or the parts and components of the new Vehicle.
Replacement Tire means a tire of the same brand and model as the one that the manufacturer originally equipped on the Vehicle, unless the same brand and model is not available, provided that in such case, Replacement Tire means a tire of the same brand, size, load, speed and tread type. In some circumstances, We may authorize another brand or model to substitute for the original brand or model, even if the original tire is available.
Retail Value of the Vehicle means the retail value of the Vehicle at the time of repair or service, as determined by “National Auto Dealers’ Association (N.A.D.A.) Guide”, taking into consideration the location, mileage and condition of the Vehicle.
Scheduled Maintenance Services means all scheduled maintenance services at the service intervals listed in the Scheduled Maintenance Guide for the Vehicle.
Signature Date means the date You signed the Application to this Agreement.
Vehicle means the vehicle identified in the Application by the VIN.
VIN means the 17 alpha-numeric identifier assigned to a motor vehicle by the manufacturer and commonly referred to as the Vehicle Identification Number.
Warranty Start Date, for the New Vehicle Limited Warranty, means the date on which the Vehicle was placed into service. If the Vehicle was used by the dealership as a demonstrator unit, the Warranty Start Date is the date the Vehicle was placed into service as a demonstrator unit.
Wear Items means brake pads and linings, clutch disc, spark plugs, engine belts and hoses, wiper blades and shock absorbers installed on the Vehicle.
We, Us, or Our means: (i) for the service contract purposes of this Agreement: Ford Motor Service Company, except in AK, CT, DC, KS, ME, MA, MO, NE, NH, NJ and RI. In AK, CT, DC, KS, ME, MA, MO, NE, NH, NJ and RI We, Us, or Our means Ford Motor Company or (ii) for Focus Vehicles and maintenance coverages, We, Us, or Our means Ford Motor Company.
Zero Miles means the starting mileage for the calculation of the expiration of all New Vehicle Limited Warranties. For benefit determinations, all New Vehicle Limited Warranties are considered to begin with zero miles on the Vehicle.
4. DEDUCTIBLES, STANDARD & OPTIONAL
If You elected coverage with a Standard Deductible or Optional Deductible, We will charge You that deductible for each Eligible Repair Visit, regardless of the number of Failures to be repaired.
4A. STANDARD DEDUCTIBLES
The following standard deductibles apply to the coverage You selected:
Coverage: Deductible
CORE Coverages $100
Scheduled Maintenance Plan Coverages $0
4B. OPTIONAL DEDUCTIBLES
One of the following optional deductibles will apply instead of the Standard Deductible if You selected certain coverages in the Application:
NEW PLAN – CORE COVERAGES:
a) a $0 Deductible;
b) a $50 Deductible;
c) a $200 Deductible (available only on plans for mileage limits of 75,000 or 100,000 miles).
5. WHAT THIS AGREEMENT COVERS: Subject to the deductibles, exclusions and other limitations in this Agreement and depending on the Plan and Coverage You elected, service and repairs (including parts and labor costs) will be provided as shown below. We will either: (a) service Your Vehicle; (b) repair or replace covered Failures or (c) reimburse You for the Vehicle's servicing or for the repair or replacement of covered Failures. We may inspect the Vehicle before performing any service or repairs and inspect parts that are serviced, repaired or replaced.
5A. COVERED ITEMS - “PowertrainCARE”
If You elected PowertrainCARE, the following items are covered:
Engine - Cylinder block and all internal lubricated parts, seals and gaskets, the cylinder heads, manifold and bolts (exhaust), manifold and bolts (intake), factory installed turbocharger/ supercharger units, timing chain (gears or belt), flywheel, valve covers, oil pan, timing chain cover, oil pump, water pump, thermostat, thermostat housing. (EXCEPTIONS: CARBURETION AND FUEL INJECTION COMPONENTS ARE NOT COVERED).
Transmission - Transmission case and all internal parts including torque converter and transfer case (all internal parts), seals and gaskets.
Front-Wheel Drive - Final drive housing and all internal parts, universal and constant velocity joints, front-wheel bearings, axleshafts, locking rings (four-wheel drive vehicles), seals and gaskets, automatic front locking hubs (four-wheel drive), rear wheel bearings.
Rear-Wheel Drive - Drive axle housings and all internal parts, universal and constant velocity joints, rear-wheel bearings and retainers, axle shafts, seals and gaskets, driveshafts, front-wheel bearings.
Vehicles With Snow Plows - Only new Ford, Lincoln or Mercury vehicles that are equipped with Snow Plow Prep Package models 53C, 86M or 627 (7700 Payload Group-V8) up to F-550 Vehicles.
5B. COVERED ITEMS - “BaseCARE”
If You elected BaseCARE, You have PowertrainCARE coverage and coverage for the following additional items:
Odometer & Speedometer - Coverage is provided for both the odometer and speedometer, including all cables and connectors.
Engine - Gas fuel injectors and lines, harmonic balancer and bolt, and diesel injector pump.
Transmission - Governor Assembly.
Steering - Power steering pump, cooler and lines, couplings, seals and gaskets, manual and power steering gear housing and all internal parts, including linkages, control valve, column lock (tilt wheel), pulley assembly for power steering pump, and the idler arm.
Suspension - MacPherson struts (front or rear), upper and lower control arms, stabilizer bar, linkage and bushings, tie rods, control arm shafts and bushings, upper and lower ball joints, kingpins and bushings, spindle and spindle supports. NOTE: This coverage includes only the items listed in this paragraph and does not include either front end alignments or wheel balancing, unless the repair to such items is required in conjunction with the repair of a Failure.
Brakes - Master cylinder, calipers and wheel cylinders, combination valve, all lines and fittings, power brake booster, backing plates, springs, clips and retainers, self adjusters, parking brake linkage and cables, brake pedal shaft. NOTE: This coverage includes only the items listed in this paragraph and does not include brake drums, rotors, linings or pads, unless the repair to such items is required in conjunction with the repair of a covered Failure.
Air Conditioning - Compressor, condenser, evaporator, A/C compressor head, A/C compressor clutch switch, A/C clutch and clutch bearings, compressor seals, pulley and field coil. If Your A/C system has R-12 refrigerant, R-12 will be used for replacement while supplies last. If R-12 refrigerant is no longer available, the Vehicle's A/C system will be converted to use R-134a refrigerant to meet environmental standards. If the replacement is due to the Failure of a covered part, we will make the repair at our cost. If the replacement is due to the Failure of a non-covered part You will be responsible for any additional cost.
Electrical - Alternator, starter motor, voltage regulator, manually operated electrical switches, ignition switch, wiper motors, electronic ignition module, radiator fan relay, fuel pump, starter motor solenoid, wiring harnesses (excluding spark plug wires), and electrical components of a heated backglass. NOTE: Heated backglass coverage is for electrical components only and does not include general glass damage or breakage.
5C. COVERED ITEMS - “ExtraCARE”
If You elected ExtraCARE, You have PowertrainCARE and BaseCARE coverage and coverage for the following additional items:
Engine - Flywheel ring gear, diesel lift pump and diesel injectors.
Electrical - Distributor assembly.
High Tech - Air conditioner accumulator, ETA pump hose assembly, anti-lock brake module and sensor, automatic temperature control, compass and thermometer read-out displays, distributor housing and shaft, distributor cap and rotor, electronic air suspension (switch–vacuum pump, control-assembly suspension air spring, spring & solenoid assembly front suspension, air spring solenoid, o-ring solenoid, left/right-front spring, dryer assembly, sensor-air level, air line protector, spring-load leveling, control module-air suspension, sensor right/left rear suspension leveling, air suspension quick connect, air line repair kit, switch-right/left rear suspension leveling, o-ring suspension air spring dryer, silencer-air suspension, wire assembly air suspension switch, front spring air suspension and rear spring air suspension), electronic instrument cluster (excluding the dash pad, clock, audio and visual equipment), fuel tank and lines, diesel injectors and lines, heater blower motor and core assembly, keyless entry system (excluding door handles), power seat motors, power window motors and regulators, power antenna, power door locks (excluding door handles and electronic key fobs), power door lock retainer clip, radiator, radiator fan, radiator fan clutch or motor, speed control, engine mounts, transmission vacuum module and mounts, and external transmission module.
5D. COVERED ITEMS - “PremiumCARE”
If You elected PremiumCARE, all Failures are covered EXCEPT for those items excluded in the Provision titled: “WHAT IS NOT COVERED BY THIS AGREEMENT”.
5E. COVERED ITEMS - NEW PLAN - SCHEDULED MAINTENANCE PLAN COVERAGES
If You elected: Premium Maintenance Plan Coverage, You have Scheduled Maintenance Services and coverage for Wear Items, which will be replaced if required due to wear.
If you elected Extra Maintenance Plan Coverage, You have Scheduled Maintenance Services benefits under this Agreement.
You are not entitled to a refund if You do not use all the services provided by these maintenance protection plans.
6. ADDITIONAL BENEFITS
6A. ROADSIDE ASSISTANCE COVERAGE - Only available with Core Coverages:
We arranged with Ford Auto Club, Inc. (“Ford Auto Club”), to provide roadside assistance to You as part of this Agreement. Roadside Assistance includes: (i) Roadside Assistance Items, (ii) Emergency Travel Expense Reimbursement, and (iii) Destination Assistance. The Roadside Assistance benefits provided under this Agreement are available from Ford Auto Club 24 hours a day, 7 days a week. To request roadside assistance or for customer inquiries, call Ford Auto Club at 800-241-3673. Ford Auto Club’s address is P.O. Box 224688, Dallas, Texas 75222-4688. Service providers who provide Roadside Assistance are independent contractors and not employees, agents or representatives of Ford Auto Club or Us.
1. ROADSIDE ASSISTANCE ITEMS
ITEMS COVERED: Roadside Assistance provides coverage of up to $100 in benefits for the following items (including the cost of the service call and labor costs for services performed at the site of the disablement): (a) lock-out assistance; (b) flat tire changes; (c) battery jump starts, provided that coverage is limited to 3 “no charge” service calls during a 12 month period (an electric Vehicle’s main power cell batteries are not included in this coverage); (d) out of fuel assistance, which provides the delivery of gasoline or diesel fuel to You, including the cost of up to 2 gallons of fuel (5 gallons for E & F series 350 - 750 trucks), provided that coverage is limited to 3 “no charge” service calls during a 12 month period; and (e) towing, when the Vehicle is disabled, provided this coverage is limited to one tow per disablement. We will pay up to $200 for towing a hybrid vehicle.
ITEMS NOT COVERED: Roadside Assistance does not provide coverage for: (a) replacement parts, (b) gasoline or diesel fuel (except for an out of fuel assistance call provided in section 6. 1(d) above), (c) tire repair, (d) rental of towing equipment, (e) storage fees; (f) fees for labor performed at a garage or service facility; or, (g) any “out of fuel” service request if the Vehicle is located at Your residence or an operating commercial fueling station; (h) impound towing or towing by a person other than a licensed service station or garage; (i) the assistance of any private parties or (j) alternative fuel (such as compressed natural gas/liquid propane gas).
WHEN YOU CALL FOR SERVICE, YOU WILL BE CONNECTED WITH THE DISPATCHER AND A SERVICE VEHICLE WILL BE SENT TO YOUR LOCATION. PLEASE PROVIDE THE DISPATCHER WITH:
1) Your name and address and the VIN;
2) the exact location of the Vehicle; and,
3) the nature of Your emergency (for example: “You need a tow”; “the Vehicle will not start”; “You are out of gas”).
LIMIT OF LIABILITY: If You prefer to arrange Your own roadside assistance or towing, We will reimburse You up to $100 per disablement (up to $200 for towing a hybrid vehicle) for the emergency expenses You actually incur, provided that within twenty (20) days of the disablement You send a written request for Roadside Assistance benefits that includes a statement of Your loss and the original receipts for Your expenses to Ford Auto Club at the address shown above.
2. EMERGENCY TRAVEL EXPENSE REIMBURSEMENT - If Your Vehicle is disabled 100 or more miles from Your residence (according to Ford Auto Club's records) as a result of a collision or a mechanical Failure covered by this Agreement or the New Vehicle Limited Warranty, We will reimburse You up to $500 for the actual Emergency Travel Expenses You incur within the first 72 hours following the disablement, including but not limited to meals, lodging, car rental and commercial transportation to your destination (and return after repair) within the vicinity of the disablement.
3. DESTINATION ASSISTANCE - If the Vehicle is disabled because of a collision or Failure covered by this Agreement or a New Vehicle Limited Warranty and You require transportation to Your destination, We will reimburse Your transportation costs up to $75.
To receive reimbursement expenses under “EMERGENCY TRAVEL EXPENSE REIMBURSEMENT” and “DESTINATION ASSISTANCE”, within twenty (20) days of the disablement, You must send to Ford Auto Club at the address shown above a written request for benefits that includes: (i) a statement of Your loss; (ii) the original receipts for Your expenses; (iii) a copy of the accident report filed with the state or local police (if the disablement is caused by a collision); (iv) a copy of the repair order indicating the service or repairs performed under this Agreement or the Vehicle’s New Vehicle Limited Warranty (if the disablement is due to a Failure).
6B. RENTAL TRANSPORTATION ASSISTANCE:
If You selected any of the CORE Coverages, You may be eligible for rental transportation assistance if: (i) the servicing or repair facility determines that the service or repair is: (a) covered under this Agreement or a New Vehicle Limited Warranty or (b) the result of a Ford Motor Company manufacturer's recall, (ii) the Vehicle must be kept overnight by the repair facility because it was inoperable or would become inoperable if it continued to be operated; and (iii) You rent the vehicle from a Ford or Lincoln Mercury dealership or other commercial agency. If You meet the eligibility requirements set forth in this Section 6C (i), (ii) and (iii), We will reimburse You for vehicle rental charges You actually incur up to $28 per day for Ford and Mercury vehicles and $35 per day for Lincoln vehicles for up to 10 days or until the repair is complete, whichever occurs first.
Rental transportation assistance starts when the Vehicle is delivered to a Ford Motor Company franchised dealer for service.
7. WHAT IS NOT COVERED BY THIS AGREEMENT –Unless stated otherwise (See Arizona and Minnesota provisions), this Agreement does NOT cover:
a) Repairs covered by manufacturer recalls or any insurance or warranty;
b) Service adjustments and cleaning not made with a covered repair, unless You purchased Scheduled Maintenance Plan Coverage;
c) repairs to any engine, transmission and final drive components for damages caused by an after-market turbocharger or supercharger;
d) Repairs caused by loss of lubricants or fluids or contamination of oil, fluids or fuel;
e) Repairs caused by collisions or other physical damage to the Vehicle, unreasonable use (including driving over curbs, overloading, or using the Vehicle as a stationary power source), damage from fire or explosions, road hazards, other casualty losses, or losses due to negligence, racing or Failures caused by: (1) alterations or modifications of the Vehicle, including the body, chassis, or components, after the Vehicle leaves the control of the manufacturer; (2) tampering with the Vehicle or the emissions systems and components; (3) the installation or use of any part not approved, certified or authorized by the Vehicle's manufacturer; or (4) any part designated for “off-road use only” that is not installed by the manufacturer, including, but not limited to, lift kits, oversized tires, aftermarket wheels that do not provide equivalent fit and function as the original equipment installed by the manufacturer, roll bars, cellular phones, alarm systems, automatic starting systems and performance-enhancing powertrain components;
f) Damage caused by the environment and pollution, including airborne fallout, chemicals, tree sap, salt, hail, windstorm, lightning, freezing, flooding, earthquake, snow or ice;
g) Damage caused by theft, vandalism, terrorism, riot or acts of war;
h) Repairs caused by lack of required or recommended maintenance;
i) Scheduled Maintenance Services, unless You purchase Scheduled Maintenance Plan Coverage;
j) Repairs needed to a covered part caused by the Failure of a non-covered part;
k) Repairs to the Vehicle if the odometer is altered, broken, repaired or replaced so that We cannot determine the actual mileage on the Vehicle;
l) Loss of use of the Vehicle, special or consequential damages, and personal expenses, such as motels, food, gas and mileage (except as provided by Roadside Assistance);
m) Mileage charges, drop-off fees, insurance, or gasoline;
n) State or local taxes for Rental Transportation Assistance;
o) Vehicles manufactured for sale outside the United States, District of Columbia or Canada;
p) Repairs to the Vehicle performed outside of the United States, District of Columbia, Guam, Puerto Rico or Canada;
q) Repairs required as a result of operation outside the United States, District of Columbia or Canada;
r) Shop supplies and disposal of environmental wastes from the Vehicle;
s) A Vehicle is excluded from coverage if, on the Signature Date, (1) the New Vehicle Limited Warranty for the Vehicle or specified component parts is voided, in whole or part, (2) the Vehicle is a Branded Vehicle, or (3) if We cannot determine the VIN.
t) The following vehicles are not covered by this Agreement: (1) taxis, liveries, ambulances, tow vehicles, shuttles, vehicles used for rental or commuter vehicles, (2) the following make or model vehicles: Acura NSX models, all Aston Martin models, Audi V8 4x4s, all Bentley models, BMW Z8s, Cadillac XLRs or any Cadillac model with a 4.1 liter engine; all Daewoo models, all Dodge Stealth or Viper models, all Ferrari models, Honda Insight models, all Hummer models, all Jaguar models except “S” or “X” models, all Lotus models, all Mitsubishi 3000 Series models, Mustang Cobra R models, all Porsche or Rolls Royce models; all Roush modified vehicles or Saleen modified vehicles, all Toyota Prius models, Cadillac CTS-V, Volkswagen Phaeton, Maybach, Mercedes Benz G-Class, (3) electric vehicles and any Competitive Make Vehicle that is a hybrid vehicle, (4) compressed natural gas or propane fuel system components, (5) Branded Vehicles and (6) any vehicles equipped with snow plows that are not specifically included in the “Covered Items” section of this Agreement, or for which snow plow use coverage has not been purchased.
u) Competitive Make and Incomplete Vehicles are not eligible for any Plan or Coverage.
v) Battery and cables, brakes (front hub, drums, shoes, disc rotors), coolant, exhaust systems, catalytic converters, filters, fluids, lubricants, lights (bulbs, sealed beam, lenses), squeaks and rattles, tires, tune-ups, wheel balancing, wheel alignment, and wheel studs are excluded from this Agreement. Unless You purchased Scheduled Maintenance Plan Coverage, the following additional items are not covered: belts and hoses, brake pads and linings, manual clutch disc, shock absorbers, spark plugs and spark plug wires and wiper blades.
w) Service adjustments for glass and/or body parts, bumpers, door handles, glass, molding, outside ornamentation, paint, rust, sheet metal, structural underbody framework, side-view mirrors (glass or housing), water leaks, wind noise, weather-stripping, wheel covers, ornaments, convertible top, fabric, liners, zippers, fasteners, buttons, carpets, dash pad, door and window handles, knobs, rear-view mirror (glass or housing), trim and upholstery.
x) Costs or expenses for the teardown, inspection or diagnosis of Failures not covered by this Agreement.
8. REPAIR INFORMATION
8A. WHERE TO GO FOR REPAIRS: Unless You need an Emergency Repair or Service, We recommend that You obtain repairs or service from any Ford or Lincoln Mercury franchised dealership in the United States or Canada. Call Ford Customer Relations Center at 800-392-FORD if You need to determine if repairs or services to the Vehicle are covered by this Agreement. If Your Vehicle is a Ford or Mercury, call 800-392-FORD to find the nearest Ford or Mercury dealership. If the Vehicle is a Lincoln, call 800-521-4140 to find the nearest Lincoln dealership.
8B. REPAIRS & MAINTENANCE SERVICES ARE MADE WITH AUTHORIZED NEW OR REMANUFACTURED PARTS: All repairs and covered maintenance services will be made with Ford authorized new or remanufactured parts or other new or remanufactured parts that We authorize.
8C. LOSS LIMITS:
We will pay up to the Retail Value of the Vehicle for all service contract repairs for CORE Coverages for each Eligible Repair Visit.
9. YOUR RESPONSIBILITIES FOR CARE OF THE VEHICLE: To obtain coverage under this Agreement, You must: (i) properly operate the Vehicle and (ii) provide proof of Scheduled Maintenance Services. Proof of Scheduled Maintenance Services includes maintenance records that show mileage, date of maintenance service, VIN and the maintenance that was performed. If You perform your own Scheduled Maintenance Services, You must provide receipts for purchases and descriptions of services.
10. INELIGIBLE OR EXCESS COVERAGE: If You were charged for coverage for which Your Vehicle is ineligible or coverage in excess of the maximum allowed under this Agreement, We will refund the excess charge. If You financed Your Agreement We will send the refund to Your lender with instructions to credit Your loan. You will be notified of the refund and the termination of any ineligible or excess coverage.
11. CONTRACT MODIFICATIONS & CHANGES: Provided your coverage under this Agreement has not expired or been otherwise limited, it may be modified or changed by You, as shown below:
For all Vehicles except Lincolns, You may change Your coverage under this Agreement:
(i) before the expiration of the first 3 years from the Warranty Start Date or within the first 36,000 miles from Zero Miles; whichever occurs first; or
(ii) within the first 90 days after the Signature Date, whichever date (i) or (ii) is later.
For Lincolns, You may change Your coverage under this Agreement:
(iii) before the expiration of the first 4 years from the Warranty Start Date or within the first 50,000 miles from Zero Miles; whichever occurs first; or
(iv) within the first 90 days after the Signature Date, whichever date in (iii) or (iv) is later.
We will charge a fee for changes to coverage that are made after 12 months after the Warranty Start Date or 12,000 miles from Zero Miles, whichever occurs first.
11A. TRANSFERABILITY: If You pay Us a $50 transfer fee and have Core Coverages or Scheduled Maintenance Plan Coverages:
You may transfer the remaining coverage of the Vehicle under this Agreement, provided You or the transferee of this Agreement sends the following items to Us at P.O. Box 6045, Dearborn, Michigan 48121 or provide the following to any Ford or Lincoln Mercury dealer:
(i) a letter, signed by You, transferring this Agreement to the transferee;
(ii) a statement of the mileage on the Vehicle at the time of transfer; and
(iii) the name and address of the transferee;.
You may not transfer coverage if the Vehicle becomes a Branded Vehicle or is repossessed. Transferred Agreements may not be cancelled.
12. CANCELLATION AND REFUND
A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND:
If We receive a written cancellation request, including a copy of Your Application, proof of payment and statement of the odometer reading, on or before the 60th day after the Signature Date and no claims have been filed under this Agreement, We will cancel this Agreement and refund the purchase price You paid for this Agreement, minus a $50 processing fee for each plan cancelled.
If We receive a written cancellation request, including a copy of Your Application, proof of payment and statement of the odometer reading, after the 60th day or a claim has been filed after the Signature Date. Under this Agreement, We will divide the purchase price You paid for the Agreement by the number of miles or months of coverage provided by this Agreement, whichever is greater, multiply this dollar amount by the remaining unused miles or months, whichever is less, and refund this amount (“Pro Rata basis”) to You or Your lender.
You may not cancel the options You purchased without canceling the entire Agreement. A cancellation processing fee will be charged for each plan You cancel. If this Agreement expires under the time or mileage limitations, You are not entitled to a refund. If we provided this Agreement to You at no cost, You are not entitled to a refund.
B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: We may cancel this Agreement if You fail to comply with this Agreement. If We cancel this Agreement, We will refund the purchase price on a Pro Rata basis. If We provided this Agreement at no cost, You are not entitled to a refund.
13. DISPUTE RESOLUTION & ARBITRATION: Either You or We may choose to have any dispute related to this Agreement, the Application or the solicitation or sale of the service contract and related coverages under this Agreement decided by binding arbitration. You agree not to consolidate or group Your dispute with other arbitrations or disputes concerning this Agreement, the Application or the solicitation or sale of any service contract. You agree that You will not participate in any class arbitration concerning this Agreement, the Application or the solicitation or sale of any service contract. You or We may contact the National Arbitration Forum at 1-800-474-2371 or www.arb-forum.com to begin arbitration. You may obtain the National Arbitration Forum rules (the “Rules”) from the National Arbitration Forum. If there is a conflict between the Rules and this Agreement, this Agreement shall govern.
We will pay Your reasonable arbitration fees and expenses that are in excess of $125. You may employ an attorney to represent You in the Arbitration, but an attorney is not required. We will not pay Your attorney fees if You use an attorney. If we request arbitration, We will pay the filing fee.
This Agreement is subject to the Federal Arbitration Act (9 U.S.C. section 1 et. seq.) and the arbitration decision shall be in writing with a supporting opinion.
14. STATE SPECIFIC PROVISIONS: The following provisions are applicable in the states set forth below and may modify the terms of this Agreement:
14.01. For Agreements in ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, CONNECTICUT, GEORGIA, IDAHO, INDIANA, IOWA, KENTUCKY, MINNESOTA, MISSISSIPPI, NORTH DAKOTA, UTAH, WASHINGTON and WISCONSIN, the Agreement is modified by the following terms and conditions:
2A. INSURED AGREEMENT: Our service contract obligations under this Agreement are fully insured by a contractual liability insurance policy or service contract reimbursement insurance policy issued by The American Road Insurance Company, P.O. Box 6123, Dearborn, Michigan 48121, 800-392-FORD policy form number TAR 9956 and all applicable endorsements.
2B. INSURER “CUT-THROUGH” BENEFITS: If an insured service contract repair or reimbursement claim has not been completed within 60 days from the date You filed a claim with Us, You may make a claim directly against The American Road Insurance Company for the cost of your repairs (including all sums which We are legally obligated to pay to You), subject to the exclusions, deductions and limitations contained in this Agreement and in the underlying policy of insurance. You may not make a cut-through claim against The American Road Insurance Company for Focus Vehicles and Scheduled Maintenance Plan Coverages.
14.02. For Agreements in ALASKA, DISTRICT OF COLUMBIA, KANSAS, MAINE, MASSACHUSETTS, MISSOURI, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, and RHODE ISLAND, the Agreement is modified by the following terms and conditions:
1. INTRODUCTION & PARTIES: You may contact Us at:
Ford Motor Company
Extended Service Plan Headquarters
P.O. Box 6045
Dearborn, Michigan 48121
and at the toll-free number: 800-392-FORD (3673).
14.03 For Agreements in ALABAMA, HAWAII, NEVADA, SOUTH CAROLINA, TEXAS, and WYOMING, if the refund amount is not made within forty-five (45) days of Your cancellation request, You are entitled to receive ten percent (10%) of the refund amount outstanding for every month that the refund is delayed.
14.04. For Agreements in ALABAMA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND: If You have not made a claim under this Agreement, We will not charge You a cancellation processing fee if We receive notice of cancellation within 20 days after the date We mailed or delivered this Agreement to You. If You have not made a claim, but We did not receive notice of cancellation within 20 days after the date We mailed or delivered this Agreement to You, We will charge You a cancellation processing fee not to exceed $25.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND: We may cancel this Agreement with five (5) days prior written notice sent to You at your last known address. Prior written notice is not required if cancellation is for any of the following reasons:
a) You failed to pay the purchase price for this Agreement; or
b) You materially misrepresented any fact or circumstance to Us
FULL FAITH & CREDIT STATEMENT: Except for Focus Vehicles and Scheduled Maintenance Plan Coverages, the obligations under this Agreement are backed by the full faith and credit of Ford Motor Service Company. The obligations under Focus Vehicles and Scheduled Maintenance Plan Coverages, are backed by the full faith and credit of Ford Motor Company.
14.05. For Agreements in ARIZONA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. REQUIRED NOTICE FOR INFORMATION OR COMPLAINT CONTACTS:
a) IF THIS AGREEMENT COVERS A “CONSUMER USE” PRODUCT (that is, if the product covered by this Agreement is normally used for personal, family or household purposes), it is subject to regulation by the Arizona Department of Insurance.
b) IF THIS AGREEMENT COVERS A “COMMERCIAL USE” PRODUCT (that is, if the product covered by this Agreement is used commercially, and is not normally used for personal, family or household purposes) it is not subject to regulation by the Arizona Department of Insurance.
For general information, or to make a complaint, You may call Us at 800-392-FORD.
7. WHAT IS NOT COVERED BY THIS AGREEMENT (ARIZONA): Unless stated otherwise, this Agreement does not cover:
a) Repairs covered by manufacturer recalls or any insurance or warranty;
b) Service adjustments and cleaning not made with a covered repair, unless You purchased Scheduled Maintenance Plan Coverage.
c) Repairs to any engine, transmission and final drive components for damages caused by an after-market turbocharger or supercharger added by You:
d) Repairs caused by loss of lubricants or fluids or contamination of oil, fluids or fuel;
e) Repairs caused by collisions or other physical damage to the Vehicle, unreasonable use (including driving over curbs, overloading, or using the Vehicle as a stationary power source), damage from fire or explosions, road hazards, other casualty losses, or losses due to negligence, racing or Failures caused by: (1) alterations or modifications of the Vehicle, including the body, chassis, or components, after the Vehicle leaves the control of the manufacturer; (2) tampering with the Vehicle or the emissions systems and components; (3) the installation or use of any part not approved, certified or authorized by the Vehicle's manufacturer; or (4) any part designated for “off-road use only” that is not installed by the manufacturer, including, but not limited to, lift kits, oversized tires, aftermarket wheels that do not provide equivalent fit and function as the original equipment installed by the manufacturer, roll bars, cellular phones, alarm systems, automatic starting systems and performance-enhancing powertrain components;
f) Damage caused by the environment and pollution, including airborne fallout, chemicals, tree sap, salt, hail, windstorm, lightning, freezing, flooding, earthquake, snow or ice;
g) Damage caused by theft, vandalism, terrorism, riot or acts of war;
h) Repairs caused by lack of required or recommended maintenance;
i) Scheduled Maintenance Services, unless You purchase Scheduled Maintenance Plan Coverage;
j) Repairs needed to a covered part caused by the Failure of a non-covered part;
k) Repairs to the Vehicle if the odometer is altered, broken, repaired or replaced, subsequent to Your purchase of the Vehicle, so that We cannot determine the actual mileage on the Vehicle;
l) Loss of use of the Vehicle, special or consequential damages, and personal expenses, such as motels, food, gas and mileage (except as provided by Roadside Assistance);
m) Mileage charges, drop-off fees, insurance, or gasoline;
n) State or local taxes for Rental Transportation Assistance;
o) Shop supplies and disposal of environmental wastes from the Vehicle;
p) A Vehicle is excluded from coverage if, on the Signature Date, (1) the New Vehicle Limited Warranty for the Vehicle or specified component parts is voided, in whole or part, (2) the Vehicle is a Branded Vehicle, or (3) if We cannot determine the VIN.
q) The following vehicles are not covered by this Agreement: (1) taxis, liveries, ambulances, tow vehicles, shuttles, vehicles used for rental or commuter vehicles, (2) the following make or model vehicles: Acura NSX models, all Aston Martin models, Audi V8 4x4s, all Bentley models, BMW Z8s, Cadillac XLRs or any Cadillac model with a 4.1 liter engine; all Daewoo models, all Dodge Stealth or Viper models, all Ferrari models, Honda Insight models, all Hummer models, all Jaguar models except “S” or “X” models, all Lotus models, all Mitsubishi 3000 Series models, Mustang Cobra R models, all Porsche or Rolls Royce models; all Roush modified vehicles or Saleen modified vehicles, all Toyota Prius models, Cadillac CTS-V, Volkswagen Phaeton, Maybach, Mercedes Benz G-Class, (3) electric vehicles and any Competitive Make Vehicle that is a hybrid vehicle, (4) compressed natural gas or propane fuel system components, (5) Branded Vehicles and (6) any vehicles equipped with snow plows that are not specifically included in the “Covered Items” section of this Agreement, or for which snow plow use coverage has not been purchased.
r) Competitive Make and Incomplete Vehicles are not eligible for any Plan or Coverage.
s) Battery and cables, brakes (front hub, drums, shoes, disc rotors), coolant, exhaust systems, catalytic converters, filters, fluids, lubricants, lights (bulbs, sealed beam, lenses), squeaks and rattles, tires, tune-ups, wheel balancing, wheel alignment, and wheel studs are excluded from this Agreement. Unless You purchased Scheduled Maintenance Plan Coverage, the following additional items are not covered: belts and hoses, brake pads and linings, manual clutch disc, shock absorbers, spark plugs and spark plug wires and wiper blades.
t) Service adjustments for glass and/or body parts, bumpers, door handles, glass, molding, outside ornamentation, paint, rust, sheet metal, structural underbody framework, side-view mirrors (glass or housing), water leaks, wind noise, weather-stripping, wheel covers, ornaments, convertible top, fabric, liners, zippers, fasteners, buttons, carpets, dash pad, door and window handles, knobs, rear-view mirror (glass or housing), trim and upholstery.
u) Costs or expenses for the teardown, inspection or diagnosis of Failures not covered by this Agreement.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (ARIZONA):
We may cancel this Agreement with (5) days prior written notice sent to You at your last known address. Prior written notice is not required if cancellation is for any of the following reasons:
a) failed to pay the purchase price for this Agreement,
b) materially misrepresented any fact or circumstance to Us; or
c) a substantial breach of Your duties under this Agreement, relating to the covered product or its use.
14.06. For Agreements in CALIFORNIA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2B. INSURER “CUT-THROUGH” BENEFITS (CALIFORNIA) - 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 60 days the date proof of loss was filed. The name and address of the insurance company is The American Road Insurance Company, P.O. Box 6123, Dearborn, Michigan 48121. If You are not satisfied with the insurance company's response, You may contact the California Department of Insurance at 1-800-927-4357.
5E. COVERED ITEMS - NEW PLAN - SCHEDULED MAINTENANCE PLAN COVERAGE (CALIFORNIA) -
Coverage for wear items does not include spark plugs.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (CALIFORNIA): If You cancel the Agreement, the amount of any refund will be reduced by a cancellation processing fee equal to the lesser of $25 dollars or 10% of the purchase price.
13. DISPUTE RESOLUTION & ARBITRATION (CALIFORNIA) - After pursuing the other remedies of provision 2B. INSURER “CUT-THROUGH” BENEFITS of this Agreement, either You or We (as “Parties” to this Agreement) may choose to have any Claim decided by arbitration. We have the burden of proving that a claim is not covered by this Agreement. We also have the burden of proving that a claim settlement amount is proper under the terms of this Agreement.
14.07. For Agreements in CONNECTICUT, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
13. DISPUTE RESOLUTION & ARBITRATION (CONNECTICUT): If you purchased this Agreement in Connecticut, you may pursue arbitration to settle disputes between You and Us. You may mail your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, 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.
14.08. For Agreements in GEORGIA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
11A. TRANSFERABILITY (GEORGIA): All coverages may be transferred. All transferred Agreements may be cancelled.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (GEORGIA): We will not deduct from a cancellation refund to which You are entitled any: (a) cancellation processing fee or (b) costs for claims paid under this Agreement. If You cancel this Agreement after the 60th day following the Signature Date or made a claim, We will refund You an amount equal to 90% of the unearned purchase price paid, pro rated based upon the unused months or miles of coverage remaining, whichever is less.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (GEORGIA): We may cancel this Agreement with thirty (30) days prior written notice sent to You at your last known address. We may only cancel for any of the following reasons:
a) failed to pay the purchase price for this Agreement;
b) materially misrepresented any fact or circumstance to Us; or
c) committed fraud against Us.
If a refund is not made by the effective date of the cancellation, in addition to the refund We owe You, You are entitled to receive 25% of the refund amount outstanding, plus interest at a rate of 18% per annum for the period of time that the refund is delayed beyond the effective date of this cancellation.
14.09. For Agreements in HAWAII, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (HAWAII): If no claim for service under this Agreement has been made and We receive a written notice of cancellation within 30 days of the Signature Date, We will not charge You a cancellation processing fee.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (HAWAII): We may cancel this Agreement with five (5) days prior written notice sent to You at your last known address. Prior written notice is not required if cancellation is for any of the following reasons:
a) failed to pay the purchase price for this Agreement;
b) materially misrepresented any fact or circumstance to Us; or
c) substantially breached Your duties under this Agreement regarding the Vehicle or its use.
FULL FAITH & CREDIT STATEMENT: Except for Focus Vehicles and Scheduled Maintenance Plan Coverages, the obligations under this Agreement are backed by the full faith and credit of Ford Motor Service Company. The obligations under Focus Vehicles and Scheduled Maintenance Plan Coverages, are backed by the full faith and credit of Ford Motor Company.
14.10. For Agreements in ILLINOIS, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
5. WHAT THIS AGREEMENT COVERS (ILLINOIS): Unless specifically provided in this Agreement, this Agreement does not cover “wear and tear.”
12.A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (ILLINOIS): If no claim for service under this Agreement has been made and We have received a written notice of cancellation within 30 days after the Signature Date, We will not charge You a cancellation processing fee. If You have made a claim for service under this Agreement or We have not received a written notice of cancellation within 30 days after the Signature Date, We will deduct from the refund amount: (a) the cost of any claims paid under this Agreement and (b) a cancellation processing fee, not to exceed 10% purchase price of the Agreement or $50, whichever is less.
14.11. For Agreements in IOWA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. SPECIAL NOTICE - IMPLIED WARRANTY OF MERCHANTABILITY NOT WAIVED (IOWA): If You purchased this Agreement within 90 days of the date You purchased the Vehicle from the dealer, You have not waived the implied warranty of merchantability on the Vehicle.
8B. REPAIRS & MAINTENANCE SERVICES ARE MADE WITH AUTHORIZED NEW OR REMANUFACTURED PARTS (IOWA): All repairs and covered maintenance services MUST be made with Ford authorized new, remanufactured or recycled parts, or other products authorized by Us.
Recycled parts (used parts) will not be used without Your written authorization. Remanufactured parts (rebuilt parts) will not be used unless they are rebuilt in accordance with national standards recognized by the Iowa Insurance Division. Remanufactured parts (rebuilt parts) require the following:
a) The parts must be dismantled and reconstructed as necessary.
b) All of the internal and external parts must have been cleaned and made free from rust and corrosion.
c) All impaired, defective, or substantially worn parts must have been restored to a sound condition or replaced with new, rebuilt or unimpaired parts.
d) All missing parts must have been replaced with new, rebuilt or unimpaired parts.
e) All necessary operations such as rewinding or machining must have been performed.
f) The parts must be in working condition, using, if publicly available, the manufacturer’s performance specifications in existence when the parts were originally manufactured as minimum standards.
14.12. For Agreements in LOUISIANA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (LOUISIANA):
If We or the Selling Dealer have received a written notice of cancellation within 30 days after this Agreement was delivered or mailed to You, We or the Selling Dealer will provide you with a full refund less a $50 dollar processing fee. If You cancel this agreement after 30 days from the date the Agreement was delivered or mailed to You, You shall receive a refund on a “Pro Rata basis” less a $50 processing fee. For purposes of this section 12A., “Pro Rata basis” will be determined by dividing the purchase price You paid for the Agreement by the number of miles or months of coverage provided by this Agreement, whichever is greater, multiply this dollar amount by the remaining unused miles or months, whichever is less.
14.13. For Agreements in MINNESOTA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. MINNESOTA USED VEHICLE NOTICE:
If, on the date You purchased a used Vehicle from a Minnesota dealer and the Vehicle had fewer than 36,000 miles from Zero Miles, the dealer may be required to warrant the Vehicle for (i) at least 60 days after the date You purchased the Vehicle or (ii) 2,500 miles, whichever occurs first.
7. WHAT IS NOT COVERED BY THIS AGREEMENT (MINNESOTA): Unless stated otherwise, this Agreement does not cover:
a) Repairs covered by manufacturer recalls or any insurance or warranty;
b) Service adjustments and cleaning not made with a covered repair, unless You purchased Scheduled Maintenance Plan Coverage;
c) Repairs to any engine, transmission and final drive components for damages caused by an after-market turbocharger or supercharger;
d) Repairs caused by loss of lubricants or fluids;
e) Repairs caused by collisions or other physical damage to the Vehicle, unreasonable use (including driving over curbs, overloading, or using the Vehicle as a stationary power source), damage from fire or explosions, road hazards, other casualty losses, or losses due to negligence, racing or Failures caused by: (1) alterations or modifications of the Vehicle, including the body, chassis, or components, after the Vehicle leaves the control of the manufacturer; (2) tampering with the Vehicle or the emissions systems and components; (3) the installation or use of any part not approved, certified or authorized by the Vehicle's manufacturer; or (4) any part designated for “off-road use only” that is not installed by the manufacturer, including, but not limited to, lift kits, oversized tires, aftermarket wheels that do not provide equivalent fit and function as the original equipment installed by the manufacturer, roll bars, cellular phones, alarm systems, automatic starting systems and performance-enhancing powertrain components;
f) Damage caused by the environment and pollution, including airborne fallout, chemicals, tree sap, salt, hail, windstorm, lightning, freezing, flooding, earthquake, snow or ice;
g) Damage caused by theft, vandalism, terrorism, riot or acts of war;
h) Repairs caused by lack of required or recommended maintenance;
i) Scheduled Maintenance Services, unless You purchase Scheduled Maintenance Plan;
j) For New Vehicles – repairs resulting from the lack of required or recommended maintenance as contained in the Scheduled Maintenance Guide for your vehicle;
k) For Used Vehicles – repairs resulting from the lack of required or recommended maintenance, provided that, at the time the used Vehicle came into Your possession or control: (1) the Vehicle still retained its owner's manual; or, (2) You were offered a copy of the owner's manual for an incremental charge of ten dollars ($10) or less; or (3) the maintenance requirements contained in the Scheduled Maintenance Guide were replaced with a new specific maintenance schedule.
l) Repairs needed to a covered part caused by the Failure of a non-covered part;
m) Repairs to the Vehicle if the odometer
1. has been tampered with, but only if the tampering occurs while the Vehicle is in Your possession or control; or
2. if You have failed to have a broken odometer repaired, if the odometer failed while the Vehicle is in Your possession or control.
n) Loss of use of the Vehicle, special or consequential damages, and personal expenses, such as motels, food, gas and mileage (except as provided by Roadside Assistance);
o) Mileage charges, drop-off fees, insurance, or gasoline;
p) State or local taxes for Rental Transportation Assistance;
q) Vehicles manufactured for sale outside the United States, District of Columbia or Canada;
r) Repairs to the Vehicle performed outside of the United States, District of Columbia, Guam, Puerto Rico or Canada;
s) Repairs required as a result of operation outside the United States, District of Columbia or Canada;
t) Shop supplies and disposal of environmental wastes from the Vehicle;
u) A Vehicle is excluded from coverage if, on the Signature Date, (1) the New Vehicle Limited Warranty for the Vehicle or specified component parts is voided, in whole or part, (2) the Vehicle is a Branded Vehicle, or (3) if We cannot determine the VIN.
v) The following vehicles are not covered by this Agreement: (1) taxis, liveries, ambulances, tow vehicles, shuttles, vehicles used for rental or commuter vehicles, (2) the following make or model vehicles: Acura NSX models, all Aston Martin models, Audi V8 4x4s, all Bentley models, BMW Z8s, Cadillac XLRs or any Cadillac model with a 4.1 liter engine; all Daewoo models, all Dodge Stealth or Viper models, all Ferrari models, Honda Insight models, all Hummer models, all Jaguar models except “S” or “X” models, all Lotus models, all Mitsubishi 3000 Series models, Mustang Cobra R models, all Porsche or Rolls Royce models; all Roush modified vehicles or Saleen modified vehicles, all Toyota Prius models, Cadillac CTS-V, Volkswagen Phaeton, Maybach, Mercedes Benz G-Class, (3) electric vehicles and any Competitive Make Vehicle that is a hybrid vehicle, (4) compressed natural gas or propane fuel system components, (5) Branded Vehicles and (6) any vehicles equipped with snow plows that are not specifically included in the “Covered Items” section of this Agreement, or for which snow plow use coverage has not been purchased.
w) Competitive Make and Incomplete Vehicles are not eligible for any Plan or Coverage.
x) Battery and cables, brakes (front hub, drums, shoes, disc rotors), coolant, exhaust systems, catalytic converters, filters, fluids, lubricants, lights (bulbs, sealed beam, lenses), squeaks and rattles, tires, tune-ups, wheel balancing, wheel alignment, and wheel studs are excluded from this Agreement. Unless You purchased Scheduled Maintenance Plan Coverage, the following additional items are not covered: belts and hoses, brake pads and linings, manual clutch disc, shock absorbers, spark plugs and spark plug wires and wiper blades.
y) Service adjustments for glass and/or body parts, bumpers, door handles, glass, molding, outside ornamentation, paint, rust, sheet metal, structural underbody framework, side-view mirrors (glass or housing), water leaks, wind noise, weather-stripping, wheel covers, ornaments, convertible top, fabric, liners, zippers, fasteners, buttons, carpets, dash pad, door and window handles, knobs, rear-view mirror (glass or housing), trim and upholstery.
z) Costs or expenses for the teardown, inspection or diagnosis of Failures not covered by this Agreement.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (MINNESOTA): We may cancel this Agreement with (5) days prior written notice sent to You at your last known address. Prior written notice is not required if cancellation is for any of the following reasons:
a) failed to pay the purchase price for this Agreement;
b) materially misrepresented any fact or circumstance to Us; or
c) substantially breached Your duties under this Agreement regarding the Vehicle or its use.
d) if the VIN cannot be established because of actions for which You are responsible.
14.14. For Agreements in MISSISSIPPI, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
13. DISPUTE RESOLUTION & ARBITRATION (MISSISSIPPI): Arbitration may only proceed on an individual basis, and may not be consolidated with other arbitrations or accorded any class action status.
IMPORTANT NOTICE ABOUT YOUR SERVICE CONTRACT COVERAGE (MISSISSIPPI)
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. READ THE FOLLOWING INFORMATION CAREFULLY.
A) This Service Contract Agreement, including the Application, invokes arbitration under the Federal Arbitration Act. Either You or We may elect binding arbitration to resolve disputes under this Service Contract Agreement.
B) If either You or We decide to arbitrate a dispute regarding any aspect of this Service Contact Agreement or the Application and the sale of the service contract, an arbitrator will resolve the dispute. If arbitration is selected to resolve the dispute, both parties waive their rights to resolve the dispute in a court proceeding.
C) In an arbitration, one or more of the arbitrators (who are neutral decision-makers) render a decision after hearing the arguments from all parties. Arbitration takes the place of a trial and disputes are decided by arbitration, not a judge or jury.
D) You and We are bound by the decision of the arbitrator and the results of the arbitration are binding and final and may not be appealed to a court.
E) If You need additional information regarding the arbitration provision in the Service Contract Agreement, please call the toll free assistance line at 800-392-FORD.
F) You have 5 days from delivery of this Service Contract Agreement to reject the Service Contract Agreement if You do not want to accept this binding arbitration provision. If You reject the Service Contract Agreement, You do not have the service contract coverage it provides and You are entitled to a full refund of the amount You paid. If you do not reject the Service Contract Agreement within 5 days, you have accepted it.
We will pay your total reasonable arbitration fees and expenses. Arbitration proceedings must commence no later than 120 days after the first notification by You or Us of an election to arbitrate a dispute. Unless You and We agree otherwise, all arbitration proceedings will be conducted at a location in the county of Your residence.
14.15. For Agreements in NEBRASKA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
11A. TRANSFERABILITY (NEBRASKA): All transferred Agreements may be cancelled.
14.16. For Agreements in NEVADA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. SPECIAL NOTICE - RENEWABILITY (NEVADA) - This Agreement is non-renewable.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (NEVADA): If We received a written notice of cancellation within 30 days after the Signature Date, We will not charge You a cancellation processing fee.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (NEVADA): If this Agreement has been in effect for at least seventy (70) days, We cannot cancel it prior to either: i) its stated term, or, ii) the one (1) year anniversary of its original effective date, whichever occurs first. We may, however, cancel this Agreement at any time, with fifteen (15) days prior written notice sent to You at your last known address, if the cancellation is for any of the following reasons:
a) You failed to pay the purchase price for this Agreement;
b) You materially misrepresented any fact or circumstance to Us;
c) You were convicted of a crime that results in an increase in the service required under this Agreement;
d) there is a material change in the nature or extent of the required service or repair that occurs after the Signature Date that causes the required service or repair to be substantially and materially increased beyond that contemplated at the time this Agreement was issued (such as the New Vehicle Limited Warranty of the Vehicle has been voided, in whole or in part, the Vehicle is a Branded Vehicle, or the VIN cannot be established) or;
e) We discover (1) an act or omission by You or (2) a violation by You of any condition of the Agreement that occurs during the term of the Agreement and that substantially and materially increases the service required under this Agreement.
FULL FAITH & CREDIT STATEMENT: Except for Focus vehicles and Scheduled Maintenance Plan Coverages, the obligations under this Agreement are backed by the full faith and credit of Ford Motor Service Company. The obligations under Focus Vehicles and Scheduled Maintenance Plan Coverages, are backed by the full faith and credit of Ford Motor Company.
14.17. For Agreements in NEW HAMPSHIRE, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. SPECIAL NOTICE - RENEWABILITY (NEW HAMPSHIRE): This Agreement is non-renewable.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (NEW HAMPSHIRE): We will not charge You a cancellation processing fee if You cancel this Agreement. We will pay You a refund within 30 days from the date We receive Your written notice that You canceled this Agreement. If We do not pay You a refund within 30 days of the date We receive Your notice of cancellation, We will pay You interest on the refund at the lawful rate.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (NEW HAMPSHIRE): Within the first 60 days that this Agreement is in effect, we may cancel the Agreement with sixty (60) days prior written notice (ten (10) days for nonpayment of the Agreement's purchase price) sent to You , by certified mail, at your last known address, for any of the following reasons:
a) You failed to pay the purchase price for this Agreement;
b) You materially misrepresented any fact or circumstance to Us that adversely affects Our obligations under this Agreement;
c) You committed fraud against Us; or
d) the New Hampshire Commissioner of Insurance agrees that there is a substantial increase in the hazardous risk assumed under the Agreement.
We may cancel this Agreement, after it has been effective for 60 days from the Signature Date by providing You written notice at Your last known address.
Refunds shall be paid within (30) days after the date they become due. Any refund not paid during the (30) day period shall accrue interest at the lawful rate.
14.18. For Agreements in NEW JERSEY, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
11A. TRANSFERABILITY (NEW JERSEY): We will not charge You a fee for transferring this Agreement.
14.19. For Agreements in NEW MEXICO, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (NEW MEXICO): If You have not made a claim for service under this Agreement and We received a written notice of cancellation within 20 days after the Signature Date, We will not charge You a cancellation processing fee. If We do not pay You the full refund amount within 60 days of Our receipt of Your cancellation request, We will pay You 10% of the refund amount We owe You for each month that the refund is delayed.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (NEW MEXICO): If this Agreement has been in effect for at least seventy (70) days, We cannot cancel it prior to either: i) its stated term, or, ii) the one (1) year anniversary of its original effective date, whichever occurs first. We may, however, cancel this Agreement at any time, with fifteen (15) days prior written notice sent to You at your last known address, if the cancellation is for any of the following reasons:
a) You failed to pay the purchase price for this Agreement;
b) You materially misrepresented any fact or circumstance to Us;
c) You were convicted of a crime that results in an increase in the service required under this Agreement;
d) there is a material change in the nature or extent of the required service or repair that occurs after the Signature Date that causes the required service or repair to be substantially and materially increased beyond that contemplated at the time this Agreement was issued (such as the New Vehicle Limited Warranty of the Vehicle has been voided, in whole or in part, the Vehicle is a Branded Vehicle, or the VIN cannot be established) or,
e) We discover (1) an act or omission by You or (2) a violation by You of any condition of the Agreement that occurs during the term of the Agreement and that substantially and materially increases the service required under this Agreement.
14.20. For Agreements in NEW YORK, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. SPECIAL NOTICE (NEW YORK) - FOR GENERAL INFORMATION, WE MAY BE CONTACTED AT 800-392-FORD.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (NEW YORK): If You have not made a claim for service under this Agreement and We have received a written notice of cancellation within 20 days after the Signature Date, We will not charge You a cancellation processing fee. If We do not pay You the full refund amount within 30 days of Our receipt of Your cancellation request, We will pay You 10% of the refund amount We owe You for each month that the refund is delayed.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (NEW YORK): We may cancel this Agreement with fifteen (15) days prior written notice sent to You at your last known address. Prior written notice is not required if cancellation is for any of the following reasons:
a) failed to pay the purchase price for this Agreement;
b) materially misrepresented any fact or circumstance to Us; or
c) substantially breached Your duties under this Agreement regarding the Vehicle or its use.
FULL FAITH & CREDIT STATEMENT: Except for Focus Vehicles and Scheduled Maintenance Plan Coverages, the obligations under this Agreement are backed by the full faith and credit of Ford Motor Service Company. The obligations under Focus Vehicles and Scheduled Maintenance Plan Coverages, are backed by the full faith and credit of Ford Motor Company.
14.21. For Agreements in NORTH CAROLINA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (NORTH CAROLINA): If You cancel this Agreement, We will deduct from any refund (a) the cost of any claims paid under this Agreement and (b) a cancellation processing fee equal to 10% of the unearned purchase price pro rated based upon the unused months or miles of coverage remaining, whichever is lower.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (NORTH CAROLINA): We may cancel this Agreement, with five (5) days prior written notice sent to You at your last known address, only for the following reasons:
a) failed to pay the purchase price for this Agreement; or,
b) materially misrepresented any fact or circumstance to Us; or,
c) substantially breached Your duties under this Agreement regarding the Vehicle or its use.
14.22. For Agreements in OKLAHOMA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (OKLAHOMA): We will not charge You a cancellation processing fee if You cancel this Agreement. If you cancel this Agreement, We will pay You a refund equal to 90% of the unearned purchase price paid, pro rated based upon the mileage or months of coverage remaining, whichever is less.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT & PROVIDE REFUND (OKLAHOMA): We will not charge You a cancellation processing fee if We cancel this Agreement. If We cancel this Agreement, We will pay You a refund equal to 100% of the unearned purchase price paid, pro rated based upon the mileage or months of coverage remaining, whichever is less.
14.23. For Agreements in SOUTH CAROLINA, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. SPECIAL NOTICE - WHO YOU SHOULD CONTACT (SOUTH CAROLINA RESIDENTS ONLY): Please direct all questions or complaints concerning this Agreement to Us at P.O. Box 6123, Dearborn, Michigan 48121. In the event that We do not timely resolve such matters, You may contact the South Carolina Department of Insurance at either: Post Office Box 100105, Columbia, South Carolina, 29202-3105, or (800) 768-3467.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (SOUTH CAROLINA): If You have not made a claim for service under this Agreement and We have received a written notice of cancellation within 20 days after the Signature Date, We will not charge You a cancellation processing fee.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (SOUTH CAROLINA): We may cancel this Agreement with fifteen (15) days prior written notice sent to You at your last known address. Prior written notice is not required if cancellation is for any of the following reasons:
a) failed to pay the purchase price for this Agreement;
b) materially misrepresented any fact or circumstance to Us; or
c) substantially breached Your duties under this Agreement regarding the Vehicle or its use, We are not required to give prior written notice.
FULL FAITH & CREDIT STATEMENT: Except for Focus Vehicles and Scheduled Maintenance Plan Coverages, the obligations under this Agreement are backed by the full faith and credit of Ford Motor Service Company. The obligations under Focus Vehicles and Scheduled Maintenance Plan Coverages, are backed by the full faith and credit of Ford Motor Company.
14.24. For Agreements in TEXAS, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. SPECIAL NOTICE (TEXAS) - FOR GENERAL INFORMATION, WE MAY BE CONTACTED AT 800-392-FORD.
2D. COMPLAINTS (TEXAS): 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 512-463-2906 or 800-803-9202.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (TEXAS): If We have not paid a claim for service under this Agreement and We have received a written notice of cancellation within 20 days after the Signature Date, We will not charge You a cancellation processing fee.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (TEXAS): We may cancel this Agreement with five (5) days prior written notice sent to You at your last known address. Prior written notice is not required if cancellation is for any of the following reasons:
a) failed to pay the purchase price for this Agreement;
b) materially misrepresented any fact or circumstance to Us; or
c) substantially breached Your duties under this Agreement regarding the Vehicle or its use.
FULL FAITH & CREDIT STATEMENT: Except for Focus Vehicles and Scheduled Maintenance Plan Coverages, the obligations under this Agreement are backed by the full faith and credit of Ford Motor Service Company. The obligations under Focus Vehicles and Scheduled Maintenance Plan Coverages, are backed by the full faith and credit of Ford Motor Company.
14.25. For Agreements in UTAH, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. UTAH DISCLOSURE: The coverage provided by this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (UTAH): We may only cancel this Agreement with a written notice sent to You at your last known address for any of the following reasons:
a) You failed to pay the purchase price for this Agreement
b) You materially misrepresented any fact or circumstance to Us; or
c) We have assumed a substantial change in the risk.
Cancellation by Us pursuant to subparagraph “a” shall be effective ten (10) days after You receive Our written notice of cancellation; otherwise, all other cancellations by Us shall be effective thirty (30) days after You receive Our written notice. If We terminate this Agreement, We will make a refund to You on a Pro Rata basis, but with no processing fee being charged.
14.26. For Agreements in VERMONT, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (VERMONT): No cancellation processing fee applies to any cancellation request received by Us within twenty (20) days of the date this Agreement was mailed or delivered to you, provided no claim has been paid.
14.27. For Agreements in WASHINGTON this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. INSURANCE (WASHINGTON): You are not required to wait sixty (60) days to file a claim for service or other benefit owed pursuant to this Agreement directly with the insurer of this Agreement.
2D. SPECIAL NOTICE TO SERVICE CONTRACT PURCHASERS - IMPLIED WARRANTY OF MERCHANTABILITY NOT WAIVED (WASHINGTON): If You purchased this Agreement within 90 days of the date You purchased the Vehicle from the dealer, You have not waived the implied warranty of merchantability on the Vehicle.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (WASHINGTON):
If We have received a written notice of cancellation within 30 days after the Agreement was delivered or mailed to You, We will provide you with a full refund of the purchase price paid. If You cancel this agreement after 30 days from the date the Agreement was delivered or mailed to You, You shall receive a pro rata refund of the unearned purchase price based upon the unused months or miles of coverage remaining, whichever is less. Any cancellation made after 10 days from the date this Agreement was delivered or mailed to You shall be less a cancellation processing fee equal to $25. If We do not pay You the full refund amount within 30 days of Our receipt of Your cancellation request, You are entitled to receive 10% of the refund amount owed to You for each month that the refund is delayed.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (WASHINGTON): We may cancel this Agreement by providing You 45 days prior written notice of Our intent to cancel the Agreement at your last known address. Our written notice will include a statement of the reason for the cancellation. If the reason for the cancellation is Your nonpayment of the purchase price of the Agreement, We will only provide You with 10 days prior written notice of Our intent to cancel the Agreement.
12C. WHO GETS REFUND PAYMENTS (WASHINGTON): Refund payments will be made by your lienholder, The American Road Insurance Company, or Us.
14.28. For Agreements in WISCONSIN, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. WISCONSIN DISCLOSURE: This Agreement is subject to limited regulation by the Wisconsin Office of the Commissioner of Insurance.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (WISCONSIN): If We have received a written notice of cancellation within 15 days after the Signature Date, We will not charge You a cancellation processing fee.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (WISCONSIN): We may cancel this Agreement with ten (10) days prior written notice sent to You at your last known address. Prior written notice is not required if cancellation is for any of the following reasons:
a) failed to pay the purchase price for this Agreement;
b) materially misrepresented any fact or circumstance to Us;
c) substantially breached Your duties under this Agreement regarding the Vehicle or its use, We are not required to give prior written notice; or
d) there is a material change in the nature or extent of the required service or repair that occurs after the Signature Date that causes the required service or repair to be substantially and materially increased beyond that contemplated at the time this Agreement was issued (such as the New Vehicle Limited Warranty of the Vehicle has been voided, in whole or in part, the Vehicle is a Branded Vehicle, or the VIN cannot be established).
14.29. For Agreements in WYOMING, this Agreement is modified by the following terms and conditions only. All other terms and conditions are unchanged.
2C. The Wyoming Insurance Department does not regulate Maintenance Plans or Maintenance Contracts. As such, the Maintenance & Wear benefits contained in the Scheduled Maintenance Plan Coverages contained in this Agreement ARE NOT REGULATED BY THE WYOMING INSURANCE DEPARTMENT.
12A. YOUR RIGHT TO CANCEL THIS AGREEMENT AND RECEIVE A REFUND (WYOMING): If You have not made a claim for service under this Agreement and We have received a written notice of cancellation within 20 days after the Signature Date, We will not charge You a cancellation processing fee.
12B. OUR RIGHT TO CANCEL THIS AGREEMENT AND PROVIDE A REFUND (WYOMING): We may cancel this Agreement with ten (10) days prior written notice sent to You at your last known address. Prior written notice is not required if cancellation is for any of the following reasons:
a) failed to pay the purchase price for this Agreement;
b) materially misrepresented any fact or circumstance to Us; or
c) substantially breached Your duties under this Agreement regarding the Vehicle or its use, We are not required to give prior written notice.
13. DISPUTE RESOLUTION & ARBITRATION (WYOMING): Any arbitration taking place in Wyoming will comply with the Wyoming Uniform Arbitration Act.
FULL FAITH & CREDIT STATEMENT: Except for Focus Vehicles and Scheduled Maintenance Plan Coverages, the obligations under this Agreement are backed by the full faith and credit of Ford Motor Service Company. The obligations under Focus Vehicles and Scheduled Maintenance Plan Coverages are backed by the full faith and credit of Ford Motor Company.