NAAC 2 year Parts & Labor Warranty

Description

The description of all three warranties is the same, only the length of coverage time is changed

Administrative Office:
5900 S. Lake Forest Dr. Ste. 250,
McKinney, TX 75070 Tel: 877-484-6222
Claims call: 877-484-6222 REGISTRATION NUMBER
Asheville-NAAC 2

I. DEFINITIONS
The following words whether capitalized or in bold have the following meaning throughout this Limited Warranty:
Administrator – North American Auto Care, 5900 S. Lake Forest Dr. Ste. 250, McKinney TX 75070 877-484-6222.
Limited Warranty – This agreement providing replacement coverage for Covered Part(s) which is a contract between You and Us.
Replacement Cost – The replacement cost of Covered Part(s). Replacement of any covered part may be made with rebuilt or like kind and quality at the time of repairs at the
discretion of the Administrator/Warrantor.
Covered Part(s) – The part(s) named on the Registration Page listed as “PART(S) COVERED”.
Term – The number of Years (selected in the Registration Page) the Limited Warranty is in force provided the appropriate fee is paid and received by Us.
Vehicle or Covered Vehicle – The Vehicle described in the Vehicle Information section on the Registration Page.
Warrantor (“We”, “Us”, “Our”) –Asheville Engine Inc, P.O. BOX 40, Alexander North Carolina, 28701, Ph. 1-828-775-0450.
Warranty – Any warranty of the manufacturer required by a state or given by the Warrantor. Effective Date and Coverage Start Mileage as indicated on the Registration Page
begin at the end of any manufacturer Warranty.
You or Your – The customer identified under the Customer Information section on the Registration Page.
II. LIMIT OF LIABILITY
The total of all benefits payable under this Limited Warranty shall not exceed Cost of Part plus 10% and MSRP Guides for Labor. Labor Guides are under the discretion of the
Administrator. Each Covered Part is eligible for one replacement during the Term of this Limited Warranty.
III. EXCLUSIONS – WHAT THIS LIMITED WARRANTY DOES NOTCOVER
This Limited Warranty excludes the following parts and services (Please see within Agreement for ALL EXCLUSIONS):
1. Repairs or replacements performed without the Administrator’s prior authorization.
2. For Costs covered by any Warranty, insurance policy or any other guarantee. We may require You to assign Your rights of recovery against others in the event
that We pay for any claim made under this Limited Warranty. We will not pay for any claim hereunder if You impair these rights of recovery. You may not waive
Your right(s) to recover from others.
3. Covered Part(s) damaged by abnormal use, misuse, neglect, accident and alteration or “tampering with”.
4. Failure caused by contamination, overheating, lack of coolant or fluids.
5. Parts needed to maintain Your Vehicle (oil, filters, tune-up, spark plugs, etc.) or parts of the Vehicle that require regular maintenance (belts, hoses, etc.) as
recommended by the manufacturer’s maintenance or replacement intervals, unlessthe part is specifically listed as “PART(S) COVERED” on the Registration Page.
6. Fuses, relays, speakers, graphic equalizers, DVD players, VHS players, speakers, visual and other electronic equipment (including game systems), telephones,
radar detectors and GPS equipment, and electronic transmitting/receiving devices, unless the part is specifically listed as “PART(S) COVERED” on the Registration
Page.
7. Freon, fluids, fluid leaks or damage caused by fluid leaks; damage or failure caused by sludge or wateringestion.
8. Seals and Gaskets are not covered by this Limited Warranty.
9. Diagnostic and tear-down charges.
10. If the responsibility for the repair is covered by an insurance policy, manufacturer and/or recalls, or any other warranty or service contract.
11. Exhaust systems including catalytic converters and/or for repairs made solely to maintain any governmental emission standards.
12. Failure(s) caused by Normal Wear and Tear.
13. Failure(s) caused by collision or impact.
14. Heads are NOT Covered.
15. Vehicles that are used or for excessive hauling and pulling, tow trucks, snowplows, emergency vehicles, taxi cabs, livery and police vehicles are specifically
excluded from coverage.
16. Any damage that occurs outside the continental United States of America, Alaska, Hawaii orCanada.
17. Any Cost other than the Cost of the qualifying Covered Part(s).
18. Repairs if Your Vehicle has been declared a total loss, salvaged or junk vehicle.
19. Fraudulent representations to obtain this Limited Warranty or when presenting a request for repair under this LimitedWarranty.
20. This Limited Warranty does not cover repair(s) or replacement(s) of any part(s) other than those listed under Part(s) Covered on the Registration Page.
21. This Limited Warranty does not in any way cover incidental or consequential damages even if caused by the failure of a Covered Part.
22. More than a one replacement of the same Covered Part.
IV. CANCELLATION AND TRANSFER OF THIS LIMITED WARRANTY
Cancellation: This LimitedWarranty is non-cancelable and non-refundable. Cancellation can only occurfor non-payment by You forthe Limited Warranty, a material
misrepresentation by You to the Warrantor, fraud as determined by the Administrator orsubstantial breach of dutiesrelating to this Limited Warranty by You.
Transfer: This Limited Warranty is non-transferrable.
V. DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS DISPUTE RESOLUTION/ARBITRATION AGREEMENTANDCLASS ACTIONWAIVER, INCLUDINGTHE OPT-OUT PROVISION, CAREFULLY TOUNDERSTANDYOUR
RIGHTS. IT REQUIRES THAT CLAIMS (AS DEFINED BELOW) BE RESOLVED SOLELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY A JURY OR IN
A CLASS ACTION.
Arbitration is a method of resolving any Claim without filing a lawsuit. In this Arbitration Agreement and Class Action Waiver (collectively including all of this section of this
Limited Warranty), You, We, and the Administrator/Warrantor (the “Parties”) are agreeing to submit any and all Claims to binding arbitration on an individual basis for
resolution. This Arbitration Agreement and Class Action Waiver sets forth the terms and conditions of our Agreement to binding arbitration. The Parties agree that any and all
claims, disputes and controversiesrelated in any way to this Limited Warranty, including but not limited to claimsrelated to the underlying transaction giving rise to this Limited
Warranty, or claimsrelated to the sale, financing or fulfillment of this Limited Warranty (collectively, “Claims”), shall be resolved by final and binding arbitration. “Claims” shall
be given the broadest meaning possible and includes, without limitation, Claims arising under Agreement, tort, statute, regulation, rule, ordinance or other rule of law or equity,
and Claims against any of Our or the Administrator’s owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, agents,
successors, or assigns. “Claims” does not include a statutory claim for public injunctive relief brought under any California statute enacted for a public reason, provided that You
are a California resident or that You purchased Your Limited Warranty in California. In arbitration, Claims are resolved by an arbitrator and not by a judge or jury. THE PARTIES,
INCLUDING YOU, WAIVE ANY RIGHT TO HAVE CLAIMS DECIDED BY A JUDGE OR JURY. In addition, except as expressly stated in the Class Action Waiver or otherwise expressly
stated herein, the arbitrator shall have exclusive authority to decide all issues related to the enforcement, applicability, scope, validity, and interpretation of this Arbitration
Agreement, including but not limited to any unconscionability challenge or any other challenge that the Arbitration Agreement is void, voidable or otherwise invalid.
Notwithstanding this Agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim, on an individual basis, within the
jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve
any Claims arising under or related to this Limited Warranty.
The Parties agree and acknowledge that the transaction evidenced by this Limited Warranty affects interstate commerce. The Parties further agree that all issues relating to
this Arbitration Agreement and Class Action Waiver, including its enforcement, scope, validity, interpretation, and implementation, will be determined pursuant to federal
substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply
to any issue relating to this Arbitration Agreement and Class Action Waiver, then the law of the state where You purchased the Limited Warranty shall apply, without regards
to conflicts of law.
CLASS ACTION WAIVER. All Claims must be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action,
representative action, mass action, private attorney general action or action on behalf of the general public, or similar proceeding (any such action is referred to herein as a
“Class Action”). NO CLAIM WILL BE ARBITRATED ON A CLASS ACTION BASIS. The Parties, including You, expressly waive any right or ability to bring, assert, maintain, or
participate as a class member in any Class Action in court, arbitration, or any other forum, and the rightfor anyone to do so on Your behalf. The arbitrator may not consolidate
more than one person or entity’s claims and may not otherwise preside over any Class Action. The arbitrator shall not have the authority to combine or aggregate multiple
persons’ or entities’ Claims or discovery, to conduct a Class Action or to make an award to any person or entity not a party to the arbitration. Notwithstanding anything to
the contrary, the Parties agree that the enforcement, applicability,scope, validity, and/or interpretation of this Class Action Waiver shall be decided by a court of competent
jurisdiction and not by an arbitrator. If this Class Action Waiver is ruled unenforceable or is interpreted to not prevent a Class Action, then the Arbitration Agreement shall
be null and void, and any Claims shall proceed in a court of law and not in arbitration. The Parties agree that if an arbitrator renders a decision regarding the enforcement,
applicability, scope, validity, and/or interpretation of this Class Action Waiver, or determines that a Class Action may proceed in arbitration, then: (1) the arbitrator has
exceeded his powers, pursuant to §10(a)(4) of the FAA, by taking such action; (2) either party may seek immediate review of that decision by a court of competent jurisdiction;
and (3) a court of competent jurisdiction shall apply a “de novo” standard of review of that decision ifsuch standard of review is allowed by the common law or
Asheville-NAAC 3
statutes of that state. The Parties, including You, agree that if for any reason a Claim proceeds to Court, rather than arbitration, (1) the Claim will proceed solely on an
individual, non-class, non-representative basis, and (2) no Party may be a class representative or class member or otherwise participate in any Class Action.
The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be conducted pursuant to the AAA Consumer Arbitration Rules (the
“Code”). Information on AAA and a copy of the Code may be found at the following number and URL: American Arbitration Association, (800) 778-7879, www.adr.org. The
arbitration will be governed by federalsubstantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federalsubstantive
law holds that state law should apply to any issue relating to the arbitration, then the law of the state where You purchased the Limited Warranty shall apply, without regards
to conflicts of law. The arbitration will occur before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. If Your
total damage claims (not including attorney’s fees) do not exceed $25,000, then all Claims shall be resolved by the Code’s Procedures for the Resolution of Disputes through
Document Submission, except that a Party may ask for a hearing or the arbitrator may decide that a hearing is necessary. If a hearing is held, You have a right to attend the
arbitration hearing in person, and You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via
telephone. In the event that the specified arbitration forum is unavailable, the Parties may agree on a substitute arbitration forum. If the Parties cannot agree, a court of
competent jurisdiction may appoint a substitute arbitration forum. For information about how to initiate arbitration with the AAA, the Parties may refer to the AAA Code and
forms at www.adr.org or call (800) 778–7879. If You initiate arbitration with AAA, You must pay the AAA filing fee in an amount no greater than the fee You would have to pay
if You filed a complaint in federal court. We will pay any remaining Costs of arbitration required by the Code (“Arbitration Costs”); however, if the arbitrator determines that
any of Your claims are frivolous, You shall bear all of the Arbitration Costs. If We initiate arbitration against You, We will pay the AAA filing fee and the Arbitration Costs. Each
party will pay his/her/its own attorney’s fees, as well as costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the Code gives a party the
right to recover any of those fees from the other party. An arbitration award may not be set aside except upon the limited circumstancesset forth in the Federal Arbitration Act.
An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall
be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in
arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than inarbitration.
If any portion of this Arbitration Agreement is deemed invalid or unenforceable, all the remaining portions of this Arbitration Agreement shall nevertheless remain valid and
enforceable, provided, however, that if any portion of the Class Action Waiver is deemed invalid or unenforceable, then this Arbitration Agreement shall be invalidated and
unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Agreement and Class Action Waiver and the other provisions of this Agreement
or any other Agreement, this Arbitration Agreement and Class Action Waivergoverns.
OPT-OUT PROVISION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDING WRITTEN NOTICE OF YOUR
INTENTION TO DO SO TO US WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS LIMITED WARRANTY (THE DATE OF PURCHASE BEING INDICATED ON YOUR LIMITED
WARRANTY. To opt out, You must send written notice to either: (1) 5900 S. Lake Forest Dr. St. 250, McKinney TX. 75070, Attn: Legal or (2) info@northamericanautocare.com,
with the subject line, “Arbitration/Class Action Waiver Opt Out.” You must include in Your opt out notice: (a) Your name and address; (b) the date You purchased Your Limited
Warranty; and (c) the Warrantor. If You properly and timely opt out, then all Claims will be resolved in court rather than arbitration.