| ••PROVIDER’S RIGHT TO CANCEL THIS CONTRACT• • • Failure by the Contract Holder to pay an amount when due. • Discovery of fraud or material misrepresentation by the Contract Holder in obtaining this Contract or in presenting a claim for service hereunder. • Discovery of an act or omission by the Contract Holder, or a violation by the Contract Holder of any condition of this Contract, which occurred after the effective date of this Contract and which substantially and materially increases the service required under this Contract, including but not limited to failure of the odometer of the vehicle or if for any reason it does not record the actual mileage of the vehicle after the Contract. Date and the actual mileage of the vehicle cannot be established to a reasonable degree of certainty, if there is a lack of required maintenance, if the vehicle is operated without coolant or lubricant, and if the vehicle is used for commercial purposes (unless the commercial use option is part of this Contract). • Notice of cancellation for non-payment of premium shall include a statement of the reason for cancellation. Material misrepresentation; Substantial change in the risk assumed, unless Kens Register should reasonably have foreseen the change or contemplated risk when entering the contract; Substantial breaches of contractual duties, conditions, or warranties. ••OTHER IMPORTANT CONTRACT PROVISIONS• • ARBITRATION All claims or disputes relating to this Service Contract or the breach thereof shall be decided by binding arbitration unless YOU and Kens Register agree otherwise. Arbitration shall be specifically enforceable under the prevailing arbitration law. Kens Register agrees to use one (1) arbitrator, mutually acceptable to YOU and Kens Register. Written notice of the request for arbitration must be filed with Kens Register within a reasonable time after the claim or dispute has arisen, but not later than one (1) year after the claim or dispute arises. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. If YOU have any legal claim against Kens Register and do not agree to arbitration, YOU agree that any action, claim, or suit shall only be brought in the District Court, Converse, Texas. If YOU bring any such action, claim, or suit against Kens Register in any court or forum other than in the District Court, Converse, Kens Register can seek dismissal of YOUR action, claim, or suit and require that it be maintained in Converse, Texas. TEXAS – Unresolved complaints concerning Provider or questions concerning the regulation of Service Contract providers may be addressed to the Texas Department of Licensing and Regulation, E.O. Thompson State Office Building, 920 Colorado, Austin, Texas 78701, (512) 463-2906 The aggregate total of Provider’s liability for all benefits paid or payable during the term of this Contract shall not exceed the actual cash value of the vehicle according to current National Auto Dealers Association standards at the time of Breakdown. Cancellation: Typical cancellation clauses are for the owner to receive a money back (less processing fee of $35) guarantee if the policy is cancelled with in the first 35 days of enrolling, if there have been no claims filed. After 35 days a cancellation can only occur in the event that the Vehicle is declared a “total loss” by an Insurance company. In this case, owner's membership is temporarily suspended until he/she is able to get another vehicle. Kens Register will then enrol the replacement vehicle automatically without requesting for new membership processing fee. But the member must be up to date in payment before this transfer could be applied. There is no refund on monthly fees previously paid by a member in the event his vehicle is declared total loss by insurance company. If a member sell his vehicle to another individual, this contract cannot be transferred to the new owner. Deductible: The amount that you must pay the repair facility for work when vehicle is being repaired. In most cases a deductible may need to be paid for each type of mechanical break down. Diagnostics: The exploration the repair facility administers to certain parts of your vehicle to determine the necessary repairs needed for your vehicle to be operable. You are responsible for all expenses associated with diagnosis before any repairs begin. Eligibility: Determining if a vehicle being in certain classifications and if your vehicle is qualified for coverage: A vehicle typically must be less than 12 model years old and have less than 140,000 odometer miles to be eligible for acceptance. Additionally, vehicles with In-Service Date: The date the Vehicle was purchased by the original owner and driven or the date the Vehicle was placed in use for rental, demonstration or other purposes. Inspection: The examination or review of your vehicle's components by a certified mechanic. A vehicle will pass a pre-membership inspection only after the mechanic attests to the proper working condition of all components of your vehicle. We run this information through your local MVA/ DPS to make sure we identify fake inspections. This is in part is why we require VIN number/ Registration in order to process applications. Suspicious inspection reports are referred to local law enforcement for verification only. Insurance Company: The insurance company that issues an insurance policy and guarantees the obligations of the administrator. A vehicle must have a valid insurance contract and must remain under the coverage to enjoy our benefits. Vehicles without insurance are automatically cancelled. We constantly and randomly run insurance checks. This is for your own safety. We believe that vehicles without insurance shows signs of pure irresponsibility and negligence of property value. Thus, it shows the owner does not take proper care of such vehicle and may pose higher risks to Ken Register. We will terminate contracts on vehicles without insurance. So be sure your vehicle has insurance before you contact us for claims on repairs. This is why we also ask for your insurance information. Insurer: Most reputable auto warranty companies contract with another company to insure their obligations for a service contract. For example, if a warranty company ran into financial difficulties and failed to meet their obligations under the service contract, the insurer could step in to pay the claims. As the exact arrangement between the warranty company, the insurer, and any re-insurers varies from company to company, always read your contract carefully. Make: The Make of your vehicle is the same company that manufactured your vehicle. Manufacturer: The manufacturer is the company that built your vehicle. Manufacturer's Recommended Maintenance Guidelines: This is the routine maintenance that is recommended by the manufacturer of your vehicle to keep the vehicle in satisfactory working order. Typical guidelines to be followed include: changing the engine oil, checking proper fluid levels, tire rotations, wheel alignments. Not following the recommend maintenance guidelines may void your service contract please keep all records of such repairs. Manufacturer's Warranty: This is the promise of your vehicle's manufacturer to repair your vehicle for a specified period of time and/or mileage. All factory-installed parts are covered against defects and workmanship. Typical manufacturer warranties are 3 years or 36,000 miles or 4 years or 50,000 miles. Check your manufacturer's warranty manual for warranty information. Odometer Miles: The actual total miles the Vehicle has traveled as viewed on the odometer. This is the mileage stated on the odometer. Failure of the odometer or removal may void the service contract. Unless the change of the new working odometer has been documented to the warranty company Plan Term: The amount of time in years that KENS RSEGISTER protects your vehicle. Plan Expiration: This is the date that policy will no longer be in effect. Among the parts that product warranties do not cover are computers and other electronic problems. These computer and electronic problems are some of the most frequent types of breakdowns in newer cars. Finally, service contracts must be guaranteed by an insurance company. Product warranties do not have to be guaranteed by an insurance company. Kens Register has voluntarily obtained backup insurance for the product. Our service is backed by an insurance company Repair Facility: An authorized licensed repair facility located in the United States or Canada. This includes, but is not limited to your dealership, local mechanical facility or national repair facilities. |
| National Auto Club |
| Service Contract Coverage •DEFINITIONS• • “Breakdown” or “Mechanical Breakdown” means the event caused by the total failure of any Covered Part to work as it was designed to work in normal service. Please refer to the wording under exclusions for a listing of conditions under which the failure of a Covered Part is not considered a Mechanical Breakdown. • “Commercial Use” means any vehicle used for business purposes. Vehicles that are used in excess of manufacturer’s g.v.w.r. for excessive hauling and pulling or are in excess of 1-ton classification are excluded from coverage hereunder. • “Contract Holder” means the purchaser or holder of this Contract. • “Covered Part” means any part of the vehicle listed herein as a covered part and not excluded from coverage by this Contract. • “Lubricated Parts” means any parts, which requires lubrication to perform its function. • “Repair Facility” means any automotive repair facility at which the Contract Holder seeks to acquire service under this Contract. • “Obligor” means Kens Auto Register (dba National Auto Club). • “Waiting Period” means no claims or Roadside assistance benefits will be paid on any claims or failures that occur within the first 45 days and “Registration Date” • ********************************************************* New members must sign a year agreement. Membership is renewable. • MEMBER OBLIGATIONS •• • The member hereby authorizes National Auto Club to cancel this contract in the event the member defaults in his/her payment for 45-days. • Member agrees to pay National Auto Club the sum of $250 cancellation fee. NAC reserves the full rights to collect balance payment from defaulted member through any legal means deemed necessary by the company. • Re-admission fee for a suspended account is $200.00 deposit. Plus full payment of all previous balance, and a 45-day waiting period for application processing. Vehicle must pass inspection and be verified through your local DMV database • Except on bogus or suspicious cases and default payment by a member, there is no denial of claims. • The member and the Repair Facility are required to obtain from National Auto Club), and an authorization number prior to beginning any repair covered by this Contract. • The member is responsible for authorizing and paying for any tear down or diagnosis time needed to determine if the vehicle has a covered Breakdown. If it is subsequently determined that the repair is needed due to a covered Breakdown, the National Auto Club will pay 60 or 70% of such tear down or diagnosis depending on a member's package. ••PROVIDER OBLIGATIONS• • If a covered Mechanical Breakdown or Maintenance of the vehicle occurs during the term of this Contract, the Provider will: • Pay the Contract Holder or the Repair Facility for repair or replacement, as National Auto Club deems appropriate, of the Covered Part(s) which caused the Breakdown if the member has met his/her obligations as described in this Contract and if the Breakdown/ maintenance is not excluded under the exclusions section of this Contract. Replacement parts can be of like kind and quality. This may include the use of new, re-manufactured or used parts as determined by National Auto Club • Labor will be authorized based on a nationally recognized labor manual. • Reimburse the member for the actual expenses occurred for towing, not to exceed the amount stated on the Declaration Page when a breakdown has occurred. ••HOW THIS CONTRACT MAY BE CANCELED Member may cancel this Contract by contacting National Auto Club. Early cancellation after certain claims has been made on behalf of a member is not allowed until the expiration of contract. (Members sign a 1-yr contract). In the case where a member decides to terminate his/her membership prematurely, the member must pay the sum of $250. (termination fee). However, member may cancel this Contract within sixty (35) days of the membership date, if no claim has been paid on your behalf, you will a full refund of any membership fee that you have paid except the non- refundable fee, less the application processing $ 35.00. (Money back guarantee) National Auto Club can terminate your membership in the following events: ** Payment default for up to 45-days. ** When a member makes a fraudulent claim/s ** When a vehicle is altered during contract period ** When a member makes consistent bogus claims •• WHAT TO DO IF YOU HAVE A BREAKDOWN• • 1) Use all reasonable means to protect the vehicle from further damage. This may require you to stop the vehicle, turn off the engine, and have the vehicle towed. 2) If your vehicle is within forty (40) miles of the selling dealer and the dealer has a repair facility, you must call them and make sure they can work on your particular vehicle. If they can, you need to make arrangements to get the vehicle to them. If the selling dealer doesn’t do repairs you can take the vehicle to any qualified repair facility. To assure coverage under the terms of the Contact, Authorization must be obtained prior to any repair. 3) Present your contract to the Repair Facility (contract plan will be sent to you upon becoming our member), call National Auto Club, and fax any required maintenance receipts. National Auto Club can be reached through the mail at: 1950 Universal City Blvd, Suite 812, U.C. TX 78148. 4) Prior to proceeding with repairs, ensure the Repair Facility calls National Auto Club, with an estimate of repairs and receives an authorization number from National Auto Club ) 5) National Auto Club reserves the right to inspect any Breakdown prior to authorization. Local law enforcement may be sent to verify auto condition at the repair shop before authorization is given. This happens only during suspicious, random and claims or on a claim over a certain amount as internally determined by the company. 6) The Claims Department, is responsible for the performance of Provider under this Contract. 7) In-home repair service is not provided under this Contract. Any payment of the costs of transporting the vehicle for service is not provided under this Contract exclusively pursuant to the terms and conditions. 8) The Contract Holder is responsible for paying their deductible for each visit to the Repair Facility. 9) Reimbursement for emergency repairs performed outside of normal business hours can be obtained by the Contract Holder only if he/she follows the above procedures on the first business day after such emergency repairs are performed. ••WHAT WE WILL DO WHEN YOU REPORT A CLAIM•• Upon the filing of a claim under this Contract, National Auto Club, will verify the validity of the Contract (proper owner, proper vehicle, Contract still in force), verify the Breakdown with the Repair Facility, verify coverage, and authorize repair of covered parts (provide Repair Facility with authorization code and confirm cost of repair). Payment is provided through direct billing, credit card, or Contract Holder reimbursement. We reserve the right to inspect the vehicle prior to issuing an authorization. In the event of a dispute between the administrator and the repair facility, National Auto Club reserves the right to move your vehicle to a repair facility of the administrator choice. |
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