Lifetime powertrain warranty disclaimer

This Contract is between you and us and applies only to the Vehicle
identified on the Registration Page. You may contact us by mail at P.O.
Box 830637, Birmingham, AL 35283‑0637 or by phone at 1‑800‑432‑4566.
A. DEFINITIONS
The following definitions apply to this Contract along with definitions
appearing elsewhere in this Contract. The Registration Page
contains boxes with capitalized terms. When any of those terms
appear in this Contract, they refer to the specific vehicle, person,
date or other item that has been entered into the associated box in
the Registration Page.
Administrator means the organization that we have retained
to provide administrative and claim services for this plan. The
Administrator is not a party to this plan. The Administrator is
United States Warranty Corp., P.O. Box 830637, Birmingham, AL
35283-0637, 1-800-432-4566. United States Warranty Corp. does
business under the name of United States Warranty Corp. of Florida
in AZ, CT, DE, IL, IN, IA, ME, MI, MN, MS, NV, OK, OR, SC, SD, TN,
WA, WI and WY; USWC, Inc. in CA, HI and RI; USWC of Florida in
ND and NH; and USWC in MA.
Covered Part(s) means one or more of the parts or components
identified as subject to coverage in Section E (Coverage) for the
Coverage indicated on the Registration Page and not specifically
excluded in Section G (Exclusions and Other Coverage Limitations).
Covered Repair means the repair or replacement of one or more
Covered Parts for which we have a reimbursement obligation
greater than zero dollars under this Contract.
Mechanical Breakdown means the failure of one or more parts to
perform the function for which they were designed due to defects,
faulty workmanship in the manufacturing process, or normal wear
and tear.
Registration Page means the first page of this Contract containing
information about this Contract, you and the Vehicle.
Repair Facility means any licensed automotive repair facility
operated by the Dealer.
You and your refer to the Contract Holder(s) as named on the
Registration Page.
We, us and our refer to the obligor and provider, Hello Assurance,
Inc. doing business as Hello Protection, P.O. Box 830637,
Birmingham, AL 35283-0637, 800‑432-4566.
B. YOUR RESPONSIBILITIES
You have the responsibility to properly maintain the Vehicle
as recommended by the manufacturer, to reasonably protect
the Vehicle from further damage when one or more parts
fail, to maintain records of routine Vehicle maintenance
performed by you or others, to follow the procedures for
reporting a claim for benefits as described in this Contract,
and to cooperate fully with our reasonable requests to examine
Vehicle maintenance records, inspect the Vehicle, or establish
ownership of the Vehicle in the event you report a claim for
benefits. Maintenance records generally include a detailed
log of maintenance you perform and receipts for purchases
of services provided by others and parts and supplies used
by you or others in performing maintenance services. YOU
MUST OBTAIN PREAUTHORIZATION FROM US BEFORE ANY
REPAIRS ARE MADE TO THE VEHICLE.
C. WHEN COVERAGE BEGINS AND ENDS
Coverage under this Contract begins at 12:01 AM (your local time)
on the Contract Effective Date and ends when the Contract expires
or is cancelled by us under the provisions of Section K (Cancellation
Procedures). This Contract expires when you no longer own the
Vehicle.
D. DEDUCTIBLE
Each time there is a Covered Repair, you must pay the
amount of the Deductible. If a Deductible is not stated on the
Registration Page, the Deductible will be $100.
E. COVERAGE
Subject to the Deductible and other provisions of this Contract,
we will reimburse you or the Repair Facility, as applicable, for the
pre‑authorized cost of a Covered Repair resulting from a Mechanical
Breakdown occurring and reported to us after Coverage begins and
before this Contract expires or is cancelled by us. We are entitled
to apply the following limits and restrictions to our pre‑authorization
and reimbursement decisions:
1. The replaced parts will, at our option, be remanufactured,
used or new parts of like kind and quality compatible with
the original design specifications and wear tolerances of
the Vehicle.
2. We will not pay for expenses that exceed the manufacturer’s
suggested retail price or the Repair Facility’s posted hourly
labor rate multiplied by the appropriate operation time, as
published in a nationally‑recognized labor time guide.
3. We will not reimburse you for a Mechanical Breakdown that
is a Covered Repair under this Contract if it is also covered
by a third party’s warranty, insurance policy or service
contract, regardless of whether the third party honors its
coverage obligation.
We reserve the right to inspect the Vehicle and its maintenance
records and to request proof of its ownership in the event of a
Mechanical Breakdown claim. We reserve the right to recoup any
amount we paid for a Covered Repair to the extent you recover
more than your actual loss, collectively, from us and one or more
third parties.
Coverage is limited to the Vehicle parts and other items
described below:
Powertrain Coverage
Gasoline/Diesel Engine: all internal lubricated parts ♦ engine block
♦ cylinder heads ♦ harmonic balancer ♦ manifold(s) exhaust/intake
(excluding catalytic converters) ♦ oil pan (excluding drain plug
related failures) ♦ oil pump ♦ electric oil pump ♦ timing belt/chain,
gear, cover and tensioner ♦ manufacturer‑installed turbocharger(s)
♦ manufacturer‑installed supercharger ♦ valve covers.
Transmission (Automatic, Continuous Variable (CVT),
Standard and Transfer Case): all internal lubricated parts ♦
transmission and transfer case housing ♦ transmission control
unit/module ♦ torque converter ♦ mounts ♦ flywheel/flexplate ♦
vacuum modulator.
Drive Axle (Front/Rear/AWD/4‑Wheel Drive): all internal
lubricated parts within the drive/transaxle assembly and housing,
including axles and axle bearings ♦ hubs, bearings and front hub
locking assemblies ♦ constant velocity joints ♦ universal joints ♦
drive shaft ♦ locking rings ♦ wheel bearings.
Cooling/Fuel: thermostat/housing ♦ water pump/housing ♦
electric coolant pump ♦ throttle body assembly ♦ diesel accessory
vacuum pump, lift pump, injectors and injection pump (excludes
clogged injectors) ♦ fuel pump ♦ fuel injectors (excludes clogged
injectors).
Hybrid Vehicle: hybrid vehicle electric motor assembly ♦ electronic
transmission/transaxle assembly ♦ electric traction‑drive motor
assembly.
Filters, Fluids, Lubricants and Taxes: filters, fluids, lubricants
and taxes required to complete a Covered Repair for any Covered
Part listed above.
Seals and Gaskets: seals and gaskets for all Covered Parts listed
above when subject to a Covered Repair.
F. REPORTING A MECHANICAL BREAKDOWN CLAIM
To obtain service during normal business hours:
1. Take immediate action to prevent further damage to the
Vehicle.
2. Take the Vehicle to a Repair Facility before this Contract
expires or is cancelled by us and provide the Repair Facility
with a copy of the Contract or the Contract Number, if
possible.
Page 4
PAGE 3 OF 4
HELA LHE 01-22
3. You or the Repair Facility must contact us at 1‑800‑432‑4566
to obtain authorization before any parts are repaired,
replaced or cleaned.
4. Authorize disassembly of the Vehicle if disassembly is
necessary to diagnose the cause and cost of the reported
Mechanical Breakdown. You will be responsible for any
disassembly charges if the associated repairs are not
Covered Repairs.
5. If requested, provide us or the Repair Facility with copies
of the Vehicle’s maintenance records.
6. Within 90 calendar days after the Covered Repair is
performed, you or the Repair Facility must furnish us with
copies of an itemized, dated repair order and paid receipt(s).
To obtain service after normal business hours:
1. Take immediate action to prevent further damage to the
Vehicle.
2. Obtain a written repair estimate from the Repair Facility.
3. You may have the Repair Facility proceed with the repair
without losing any rights to receive reimbursement if the
repair otherwise qualifies as a Covered Repair.
4. Follow steps 4‑6 listed above for obtaining service during
normal business hours.
G. EXCLUSIONS AND OTHER COVERAGE LIMITATIONS
This Contract does not cover the following:
1. Repairs or replacements falling within any of the
following descriptions: not authorized in advance, unless
made after normal business hours as provided for in
Section F (Reporting a Mechanical Breakdown Claim) ♦
performed outside of the United States, its territories and
possessions, or Canada ♦ constituting upgrades or changes
recommended by the Repair Facility or manufacturer and
repair or replacement of parts to improve the Vehicle’s
operating performance when, in either case, a Mechanical
Breakdown has not occurred ♦ to address noises such as
rattles and squeaks not attributable to or indicative of a
Mechanical Breakdown ♦ to address water or air leaks ♦
to a cellular phone or any communication, navigational or
entertainment device because it was rendered inoperable
due to exposure to malware or change(s) in content,
wireless service or technology, including the cost to update
or upgrade software ♦ to remedy the failure of heated/cooled
seat part(s) resulting from accidental punctures or cuts in
fabric or leather, spilled fluids or abuse (such as standing or
jumping on the seat) ♦ to address oil sludging, burnt valves
or engine detonation failure.
2. Damages and costs falling within any of the following
descriptions: arising from fraud, bad faith or personal
injury ♦ punitive or exemplary ♦ to property, other than
as specifically covered in this Contract ♦ attorney fees
♦ arising from unauthorized diagnostic time, hazardous
waste disposal, environmental fees, recycling fees, core
charges, freight charges or fuel surcharges ♦ odor removal.
3. If the Vehicle falls within any of the following descriptions: is
used for competitive driving, racing, snow plowing or police
or emergency services ♦ is driven by multiple, unrelated
drivers (such as a fleet vehicle) ♦ is used commercially ♦
is retrofitted with aftermarket equipment to use alternative
fuels ♦ has aftermarket, manufacturer and/or dealer installed
suspension alteration parts, non‑OEM tire modifications
and/or lift kits.
4. A Mechanical Breakdown or damage to a part resulting
from or falling within any of the following descriptions:
your negligence or misuse ♦ improper servicing ♦ failure to
perform general and safety‑related maintenance required
or recommended by the Vehicle manufacturer ♦ failure to
take reasonable precautions to prevent further damage
when an apparent problem exists ♦ continued operation
of the Vehicle in an overheated state ♦ collision, upset,
civil commotion, riot, illegal acts, nuclear events, war, or
terrorism ♦ contamination of any fluid ♦ use of fluids and
fuels that are not compatible with your Vehicle ♦ rust or
corrosion ♦ water, explosion, lightning strikes, acts of
nature or other external forces or events ♦ a mechanical
or structural flaw acknowledged by the manufacturer or
that the manufacturer will repair at its expense ♦ failure of
a Covered Part when caused by the failure of or damage to
a non‑covered part ♦ failure of a non‑covered part even if
caused by the failure of a Covered Part ♦ occurring when
a condition exists that permits us to cancel the Contract
(see Section K (Cancellation Procedures) for further
details) ♦ overloading or towing beyond original equipment
manufacturer specifications ♦ reverse polarity, power
surges and overloaded circuits ♦ pre‑existing condition.
5. A part falling within any of the following descriptions:
key‑fobs ♦ expansion plugs ♦ weather strips ♦ batteries,
hybrid battery module/pack ♦ external battery charger and
service plug ♦ body and trim items (such as upholstery,
seat frames, conventional seat belt assembly, glass
of any kind, sheet metal, bright metals, sealed beams,
paint, sunroof assembly, convertible top and removable
hardtop) ♦ after‑market (non‑manufacturer) equipment ♦
any replacement part not of the same kind and quality as
the manufacturer‑installed part it replaced or incompatible
with the design specifications and wear tolerances of the
Vehicle manufacturer ♦ mobility or conversion equipment.
6. Any of the following parts, services and items generally
constituting scheduled maintenance and wear‑damaged
items: belts (except timing belts) ♦ fasteners ♦ brake
drums ♦ brake rotors ♦ exhaust systems including catalytic
converters ♦ all friction materials ♦ constant velocity boots
♦ valve grinding ♦ hoses ♦ all fluid caps and reservoirs ♦
all illumination devices ♦ head and tail light assemblies ♦
fuses ♦ lubricants (except to complete a Covered Repair)
♦ brackets ♦ throw out bearing ♦ pilot bushing and manual
clutch parts ♦ spark plugs and wires ♦ tires ♦ wheels/rims
♦ wheel balancing ♦ wiper arms and blades ♦ adjustments
and alignments ♦ shop supplies ♦ any other items subject
to scheduled maintenance or wear damage.
H. CLAIM APPEAL PROCESS
You may appeal a claim denial by submitting a written request for
an appeal describing the basis of your appeal to us by email or US
mail within 20 business days after we notify you of our determination.
Upon our receipt of your appeal request, we will assign a service
representative to provide you with information about the appeal process.
A panel of three persons with experience in vehicle service
contract coverage, but who were not responsible for adjudicating
your Mechanical Breakdown claim, will review your appeal within
20 business days after our receipt of your written appeal. We will send
written notification by mail or email of our appeal determination within
20 business days after our review of your appeal request.
Email Address:
[email protected]
Mailing Address:
Protective
P.O. Box 830637 Birmingham, AL 35283‑0637
Attn: VSC Claim Review
I. LIMITS OF LIABILITY
Our liability under this Contract shall never exceed either of
the following:
Over the Life of This Contract: The Vehicle Purchase Price if
you purchased the Vehicle or the Lease Price if you leased the
Vehicle on the Contract Effective Date as determined using
leading industry used car value guides such as the National
Automobile Dealers Association (NADA) Official Used Car
Guide or Kelley Blue Book.
Page 5
PAGE 4 OF 4
HELA LHE 01-22
Per Repair Visit: The lesser of the cost of the Covered Repair(s)
or the actual cash value of the Vehicle immediately prior to the
Mechanical Breakdown as determined using leading industry
used car value guides such as the NADA Official Used Car
Guide or Kelley Blue Book.
Liability for incidental and consequential damages arising
from anyone’s performance or failure to perform under this
Contract or breach of any implied warranties is expressly
excluded to the extent allowed by law.
J. CONTRACT TRANSFER
This Contract may not be transferred or assigned.
K. CANCELLATION PROCEDURES
This Contract is non‑cancellable by you.
1. We may cancel this Contract at any time before it expires for any
of the following reasons:
a. Material misrepresentation or fraud by you with regard to the
Contract;
b. If you fail to maintain the Vehicle as prescribed by the
manufacturer; or
c. If the odometer has been tampered with or disabled and you
failed to repair or replace the odometer.
Cancellation will be effective as of the date we discover the reason
for cancellation.
L. ARBITRATION AND OTHER MATTERS CONCERNING
DISPUTES
Except for matters that may be taken to small claims court or as
otherwise provided in this Contract, any controversy or claim arising
out of or relating to it, or to its breach, shall be settled by binding
arbitration administered by the American Arbitration Association
(the “AAA”) in accordance with the rules and provisions of its most
appropriate dispute resolution program then in effect. Judgment
on the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction to enter such a judgment. You and we
acknowledge that this Contract evidences a transaction involving
interstate commerce. The Federal Arbitration Act will govern the
interpretation, enforcement and proceedings pursuant to this
Contract’s arbitration provisions.
1. In no event will you have the right to file or participate in a
class action or any other collective proceeding against us.
Only a court, and not arbitrators, can determine the validity
of this class action waiver.
2. Subject to the preceding paragraph, you and we consent
to have arbitration under this Contract joined with any other
arbitration between you, on the one hand, and us, our agent
and/or the insurer backing our obligations under this Contract,
on the other hand, to the extent the disputes are related and
joinder is reasonably feasible. The combined arbitration will be
governed by this Contract’s arbitration provisions, unless that
is not practical. In that case, it will be governed by the other
arbitration provisions.
3. If the AAA is not available to administer this Contract’s arbitration,
we will select another generally recognized arbitration
administrator, reasonably acceptable to you. The arbitration
will be under that administrator’s rules, subject to any contrary
provisions of this Contract.
4. If you remain unsatisfied following a claim or other determination
by us, our appeals panel or the insurer backing our obligations
under this Contract, and you wish to initiate arbitration (or, when
applicable, a court proceeding), you must initiate the arbitration
or court proceeding within 60 calendar days following when
you receive notification of the last to occur of the following: (a)
the insurer’s determination, if you have exercised your right to
seek satisfaction from an insurer backing our obligations under
this Contract; (b) the appeals determination, if you have filed
an appeal under Section H (Claim Appeal Process); or (c) our
determination under this Contract, if you have neither sought
satisfaction from the insurer nor filed an appeal. Your failure
to meet this requirement will deny you the right to dispute the
determination through arbitration or a court proceeding. In no
event may arbitration or a court proceeding arising out of or
relating to this Contract, or to its breach, be brought more than
two years after this Contract has expired.
5. These provisions under “Arbitration and Other Matters
Concerning Disputes” will survive the termination of this Contract
and apply to cover any controversy, claim or dispute you may
have with an insurer backing our obligations under this Contract.
If this Contract is found not to be subject to arbitration, any
legal proceeding with respect to a dispute will be tried before a
judge in a court of competent jurisdiction. YOU AND WE WAIVE
THE RIGHT TO A JURY TRIAL IN ANY SUCH PROCEEDING.
M. GENERAL TERMS
1. Any provision of this Contract which, on the Contract Effective
Date, conflicts with applicable federal, state or local laws is
amended to conform to the minimum requirements of such laws.
2. The terms and conditions outlined above are the full and
complete Contract between the parties. No oral representations
or statements should be relied upon by the Contract Holder(s).
3. No amendment, supplement, or waiver of any provision of this
Contract will be binding against us unless it is in writing and
signed by us.
4. If we make any payment under this Contract and you have
a right to recover against another party, your rights shall
become our rights and you shall do whatever is necessary
to enable us to enforce those rights. Our subrogation rights
become effective after you are made whole.
5. This Contract is not renewable.
N. STATE AMENDMENT REQUIREMENTS / DISCLOSURES
This Contract is amended to comply with the requirements and
disclosures for the Dealer’s state set forth below.