Double Factory Warranty Disclaimers

LIMITED WARRANTY

SECTION ONE – What will We do to correct problems?

During the Term of this Warranty, We will pay or reimburse You for approved costs to repair or replace any Covered Part that experiences a Breakdown. Coverage is limited to the parts listed below in SECTION TWO – What parts does this Warranty cover? We will reimburse you or your repair facility for preauthorized expenses incurred for the repair or replacement of a Covered Part. Such expense(s) are not to exceed the manufacturer’s suggested retail price for a part and the repair facility’s published hourly labor rate multiplied by the appropriate operation time as published in a national labor rate time guide. Replacement may be made with a part that is of a like kind and quality comparable with the original design specifications and wear tolerances of Your Vehicle. In case of Breakdown You must follow the procedures in SECTION FIVE – How do You get service?

SECTION TWO – What parts does this Warranty cover? 

Covered Parts are listed following the system or component heading. Component and system headings in bold are for reference only.

ENGINE – Cylinder block, cylinder head, rotor housings and all internal parts within the engine including pistons, piston rings, rotors, wrist pins, crankshaft, eccentric shaft, main bearings, thrust bearings, thrust shims, thrust washer, thrust plates, connecting rods, connecting rod bearings, camshaft, camshaft sprocket, camshaft solenoids, camshaft bearings, followers, timing chain, timing chain gears, timing chain guides, timing chain tensioner, fixed timing gear, rotating timing gear, push rods, rocker arms, rocker arm shafts, balance shaft, hydraulic lifters, solid lifters, intake valves, exhaust valves, valve seats, valve guides, valve springs, valve spring retainer, valve keepers, valve stem seals, oil pump assembly, oil pump drive gear, pickup tube, bushings. Water pump. Seals and gaskets of Covered Parts.

TURBOCHARGER/SUPERCHARGER – Turbine wheel; compressor wheel; vanes; vane plate; pulleys; gears; waste gate; bypass valve; turbo actuator; vacuum manifold; intercooler; housings; bearings; bushings; shaft; supercharger rotor assembly.

TRANSMISSION – Transmission case and all internal parts within the transmission including valve body, electronic shift solenoids, accumulator rings, accumulators, adjusters, bands, cvt belt, cvt chain, cvt pulley, bearings, bushings, oil pump, boost valve, center support chain, check balls, clips, clutch drums, clutch piston, automatic transmission clutches, control rings, counter shaft, throttle valve,, gear sets, governor, governor gear, output shaft, parking gear, planetary gears carrier, planetary gears, pressure regulator valve, pressure switches, ring gears, roll pins, separator plate, servo rings, servo sleeves, shift forks, shift rail,, snap rings, sprags, springs, sprockets, stator shaft, sun gear shell, sun gears, synchronizer hub, synchronizer keys, synchronizer ring, synchronizer sleeves, synchronizer springs, synchronizers, transfer shaft, band apply servo, parking pawl, center support, input shaft. Seals and gaskets of Covered Parts.

TRANSFER CASE – Transfer case and all internal parts within the transfer case including main shaft, output shafts, counter shaft, input shaft, bearings, bushings, gear sets, drive sprockets, synchronizer hub, synchronizer keys; synchronizer ring; synchronizer sleeves; synchronizer springs; synchronizers; planet carriers, shift forks, chain, rings, thrust washer, oil pump, viscous coupling. Seals and gaskets of Covered Parts.

DRIVE SYSTEM – Drive axle housing and all internal parts within the drive axles; transaxle assembly including differentials, carrier case, ring gear, pinion gear, pinion shaft, pinion bearings, carrier bearing, center bearings, pins, retainers, shims, spacers, cups, bushings, side gears, spider gears, limited slip clutch pack, chains, sprockets. Pinion flange; U joints; axle shafts; slip yoke, constant velocity joints; drive shaft; flex disc; center support bearings. Seals and gaskets of Covered Parts.

SECTION THREE – Is roadside assistance available?

The following roadside assistance coverage is available during the first twelve (12) months of Vehicle ownership:

Emergency Roadside Assistance is available 24 hours a day/365 days a year, anywhere in the United States and Canada. The following non-accident related services are available up to a maximum benefit of one hundred dollars ($100.00) per incident restricted to one (1) service per seventy-two (72) hour period: TOWING: If a non-accident related tow is necessary, Your disabled Vehicle will be taken to the selling Dealer. If Your Vehicle is more than forty (40) miles from the selling Dealer Your Vehicle will be taken to the nearest qualified repair facility. JUMP STARTS: Service provided to start Your Vehicle because of a weak or dead battery. FLAT TIRE CHANGES: Service provided to change a tire with Your inflated spare. FLUID DELIVERY: Service provided to deliver gas, oil or coolant (cost of fluids extra). LOCKOUT ASSISTANCE: Service provided to gain entry into Your Vehicle (key cutting/replacement extra).

FOR EMERGENCY ROADSIDE ASSISTANCE CALL NATIONS SAFE DRIVERS 844-286-4578 TOLL FREE AND REFERENCE PRODUCER CODE 75102 AND PLAN LETTER AB. Services not available in areas where state providers are exclusively utilized.

SECTION FOUR – Are there any additional benefits? The following trip interruption benefits are available during the first twelve (12) months of Vehicle ownership:

TRIP INTERRUPTION COVERAGE In the event that Your Vehicle requires Emergency Repair more than one hundred (100) miles from Your home and the repair results in a repair facility keeping Your Vehicle overnight, We will reimburse You up to seventy-five dollars ($75.00) per day for a maximum of three (3) days for lodging and restaurant expenses incurred between the date of the Breakdown and the date on which the repairs are completed. The total benefit per Breakdown occurrence shall not exceed two hundred and twenty-five dollars ($225.00). Lodging and restaurant expense receipts are required for reimbursement and must be submitted to Us (see SECTION FIVE – How do You get service? CONTACT INFORMATION).

SECTION FIVE – How do You get service?

In case of Breakdown: 1. Take immediate action to prevent further damage. This Warranty will not cover damage caused by not securing a timely repair of the failed component. 2. If it is dangerous to operate Your Vehicle, or if operating Your Vehicle may cause further damage, You must have the Vehicle towed. 3. Take Your Vehicle to the selling Dealer or if impractical any state-licensed repair facility. 4. You or the repair facility must call Our Claim Department at 844-463-1618 for approval prior to repairing or cleaning any parts. 5. You or the repair facility must provide an estimate of parts and labor costs in order to obtain approval. No claim payments will be made if Our Claim Department has not issued a claim approval reference number prior to repairing, replacing, or cleaning any parts, unless the repair or replacement was performed at a time outside of Our business hours and the repair is determined by Us to be a Breakdown and meets the definition of Emergency Repair. 6. You must authorize any charge(s) necessary to determine cause of failure. This includes necessary diagnostic and teardown charges. If it is determined that the failure does not constitute a Breakdown under the terms of this Warranty, You must pay for all diagnostic, teardown and repair charges. 7. You must cooperate in Our investigation of any breakdown. You must allow Us to inspect Your Vehicle if We ask to do so. We have no obligation to inspect Your Vehicle or to certify its condition before or after covered repairs are completed. 8. You must, upon request, show Us and/or the repair facility all sales receipts, invoices, or work orders showing that the Vehicle has been properly serviced or maintained according to manufacturer’s specifications and provide documentation to prove ownership of the Vehicle. 9. Within thirty (30) days of the repair, You must furnish Us with copies of an itemized, dated repair order signed by You and paid receipt(s), including any paid receipt(s) for substitute transportation and, if applicable, emergency roadside assistance expenses. All receipts must be in Your name and must show the date(s), Vehicle description, and odometer reading at the time of the Breakdown. 

CONTACT INFORMATION

IN THE EVENT OF A Breakdown, OR FOR ANY OTHER QUESTIONS OR CONCERNS, CALL 844-463-1618 TOLL FREE.

Any required documents may be sent to Us at: Capital Processing Systems, Inc. PO Box 241274 Charlotte NC 28224 or faxed to 888-855-5173 or via email to [email protected]

SECTION SIX – What do the words in italics mean? 

Breakdown – The failure of any Covered Part to perform the function for which it was intended, that is not otherwise excluded by the terms and conditions of this Warranty.

Covered Part(s) – Any part that is factory-installed original equipment on Your Vehicle or like replacement parts meeting the manufacturer’s specifications that are not excluded from Breakdown coverage.

Deductible – One hundred dollars ($100.00), which is the amount that you must pay for each covered Breakdown repair visit. Should a Breakdown require more than one visit to repair, only one Deductible will apply to that Breakdown. A Deductible does not apply to emergency roadside assistance or trip interruption coverage.

Emergency Repair – Only those repairs that if not performed would cause further damage to Your Vehicle or render it inoperable or unsafe to drive and are repairs determined by Us to be covered under this Warranty, including all its terms and conditions.

Normal Wear and Tear – The natural and inherent wear characteristics of automobile parts. Reduction in operating performance of a Covered Part that exceeds the published tolerances allowed by the manufacturer will not be considered Normal Wear and Tear. Term-Coverage begins on the Vehicle purchase date. New Vehicle Limited Warranty Coverage expires on the date calculated by adding ten (10) years to the Vehicle Purchase Date or when Your Vehicle’s odometer reading reaches 120,000 miles or on the date You sell or otherwise transfer the Vehicle to another person or entity, whichever comes first. Pre-Owned Vehicle Limited Warranty Coverage expires ten (10) years from January 1st of Your Vehicle’s model year or when Your Vehicle’s odometer reaches 120,000 miles or on the date You sell or otherwise transfer the Vehicle to another person or entity, whichever comes first.

Vehicle – The vehicle You purchased that is covered by the terms and conditions of this Warranty. Proof of Vehicle purchase may be required if repairs are not performed at the selling dealer.

Warranty – This powertrain limited warranty.

We, Us or Our – The Administrator and Warrantor of this Warranty: Capital Processing Systems, Inc. PO Box 241274 Charlotte NC 28224.

You or Your – The purchaser(s) of the vehicle.

SECTION SEVEN – What does this Warranty not cover?

PARTS, SERVICES AND CHARGES NOT COVERED This Warranty does NOT provide coverage for any of the following parts, services or charges: 1. Any part not listed in SECTION TWO-What parts does this Warranty cover? 2. A replacement part not supplied by the Vehicle manufacturer, unless it is of a kind and quality compatible with the design specifications and wear tolerances of the Vehicle manufacturer. 3. Any part listed or described as covered under the manufacturer’s warranties on Your Vehicle, including but not limited to full and powertrain warranties, for the original manufacturer stated term of those warranties, whether collectable or not. 4. Service adjustments, cleaning, tune-ups or wheel balancing. Squeaks or other noises where a failure cannot be verified. Reprogramming or alignments unless required in connection with a Breakdown. 

VEHICLES NOT COVERED This Warranty does NOT provide coverage for any of the following vehicles: 1. Any vehicle not certified for sale within the United States, salvaged vehicles, a vehicle whose title has been branded, or a vehicle that has been flood damaged or declared a total loss. 2. Any vehicle with an engine that has more than 8-cylinders. 3. Any vehicle with a Gross Vehicle Weight (GVW) in excess of 14,000 lbs. 4. Any vehicle used for commercial construction, commercial deliveries, commercial towing, commercial hauling, postal service, volunteer public service(s), snow plowing, rental, livery, taxi, motor pool vehicles, police or any type of emergency vehicle. 5. Any vehicle used for farming, ranching, route sales, route service, inspection service or transportation of tools to a job site. 6. Any vehicle used for on- or off-road racing or vehicles that are equipped or used for towing in a manner not consistent with the manufacturer’s recommendations. 7. Any vehicle with modifications or alterations to the powertrain, exhaust system or suspension that do not meet manufacturer’s specifications or are not approved by the vehicle manufacturer, including but not limited to oversize tires, altered ignition systems, free flow exhaust systems and lift kits. 

CONDITIONS NOT COVERED This Warranty does NOT provide coverage under any of the following circumstances/conditions: 1. Any repair(s) and/or replacement(s) not authorized by Us prior to the commencement of any repair(s) or for loss, damage or expense arising from or incurred in connection with repairs performed without receipt of prior authorization from Us, unless the repair or replacement was performed outside of Our business hours and the repair is determined by Us to be coverable under the definition of Emergency Repair. 2. Loss, damage or expense resulting directly or indirectly from an intentional, dishonest, fraudulent, criminal or illegal act committed by You, Your employee or agent, or occurring due to confiscation or repossession. 3. A breakdown caused by accident, civil commotion or riot, war, nuclear contamination, collision (including roadbed collision) or upset, glass breakage, earthquake, explosion, falling objects, fire or smoke, flood, fluid contamination, freezing, fuel contamination, fuels containing more than 10% ethanol, hail, lightning, malicious mischief, oil contamination, rust or corrosion, theft or larceny, abuse, vandalism, water, water contamination, windstorm and other external forces or events, acts of God or any loss that is normally covered by casualty insurance, or physical damage to alignment, bumper, or body parts. 4. Interior or exterior rattles, water leaks, air leaks or wind noise. 5. A breakdown of any part that the United States Environmental Protection Agency (EPA) or manufacturer has determined to be emission-related. 6. Any loss, damage, or expense normally covered by a standard automobile insurance policy including personal or property liability coverages, comprehensive coverages or uninsured motorist coverages. 7. When the responsibility for the repair is covered by an insurance policy, manufacturer and/or dealer customer assistance program, or any warranty or service agreement from the manufacturer or other provider, including but not limited to extended drivetrain, major component or full coverage warranties, a repairer’s or part provider’s guarantee/warranty (regardless of the manufacturer’s, repairer’s or provider’s ability to pay for such repairs) or a breakdown if the manufacturer has announced its responsibility through any means, including public recalls and factory service bulletins. 8. A breakdown that is the direct result of a mechanical or structural flaw that the manufacturer has acknowledged through any means, or that the manufacturer will repair at its expense. 9. A breakdown of an otherwise covered part caused by a non-covered part. 10. Components or parts that have not failed or resulted in a breakdown, but are replaced based on the manufacturer’s or the repair facility’s recommendation or due to compliance with any law or legislation. 11. Reduction in operating performance of an otherwise covered part due to Normal Wear and Tear that does not exceed the published tolerances allowed by the manufacturer. 12. A breakdown caused by negligence, misuse including but not limited to overloading beyond manufacturer’s recommended capacities, improper servicing or failure by You to perform manufacturer required/recommended maintenance services. 13. A breakdown caused by loss of fluid or the lack of proper and necessary amounts of coolants or lubricants or caused by sludge buildup, carbon deposits, contaminant(s), rust, corrosion, electrolysis, detonation, foreign object(s), repairer’s negligence or overheating. Seepage of seals and gaskets is considered normal and is not covered under this Warranty at any time. 14. A breakdown of any part if the odometer is inoperative for more than one (1) month or 1,000 miles or has been tampered with or has been disconnected subsequent to your purchase of the Vehicle. 15. Damage caused by Your failure to take reasonable precautions to prevent damage when an apparent problem exists (e.g., change in engine temperature condition, unusual noises, leaking fluids, shaking, unusual shifting, etc.) or damage caused by continued operation of an impaired Vehicle. 16. A breakdown or repair occurring outside the United States, its territories and possessions, or Canada. 17. Any fees or expenses charged for the disposal, cleanup, neutralization, removal, treatment or detoxification of environmentally unsafe materials. 18. The cost of teardown, disassembly or assembly when a breakdown is not covered by this Warranty. 19. Any breakdown occurring before the Vehicle purchase date or any breakdown that occurs on or after the date You sell or otherwise transfer the Vehicle to another person or entity. Any breakdown if the information provided by You, or the repair facility cannot be verified as accurate or is found to be deceptively inaccurate. 20. Incidental or consequential damages, except as expressly provided otherwise in this Warranty, including towing charges, telephone charges, personal injury, physical damage, loss of use, loss of time, loss of profits, storage charges, inconvenience, commercial loss, punitive damages or attorney fees. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. 

SECTION EIGHT – What must You do to keep the Warranty in effect? 

You must keep all fluids at proper levels and have Your Vehicle checked and serviced in accordance with the manufacturer’s recommendations, as outlined in the owner’s manual for Your Vehicle. Your owner’s manual lists different servicing recommendations based on Your individual driving habits and climate conditions. You are required to follow the normal or severe maintenance schedule that applies to Your driving habits and conditions. If You do not follow these recommendations and such failure causes a breakdown, further damage or unnecessary repairs, coverage under this Warranty will be denied or reduced. You must retain all sales receipts, invoices, or work orders showing the date, odometer mileage, a description of Your Vehicle, the vehicle identification number (VIN), and the maintenance services performed, including parts and fluids used to complete these services. Maintenance services necessary to meet the requirements of this Warranty must be performed at the selling Dealer or at a state licensed repair facility that is not owned or operated by You. You must take reasonable precaution to protect Your Vehicle from damage or further damage. If You notice a problem with Your Vehicle (e.g., change in engine temperature, unusual noises, leaking fluids, shaking, unusual shifting, etc.) it is Your responsibility to take appropriate action immediately. If you do not take reasonable precaution to protect Your Vehicle from damage or further damage, coverage under this Warranty will be denied or reduced. 

SECTION NINE – What other conditions are there? 

WARRANTY GENERAL PROVISIONS 1. If We ask, You agree to assist Us in enforcing Your rights against any manufacturer, insurance company, service agreement provider or repair facility that may have responsibility to You for the cost of repairs covered under this Warranty. 2. We may require You to assign Your rights of recovery against others in the event that We pay for any claim made under this 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.

TRANSFER AND CANCELLATION This Warranty is Non-Transferable and Non-Cancellable.

LIMITS OF LIABILITY The total of all benefits paid or payable under this Warranty shall not exceed the N.A.D.A. retail value of the Vehicle on the date of Vehicle purchase. The total benefits payable for any single repair shall not exceed the N.A.D.A. retail value of the Vehicle immediately prior to the Breakdown. This determination will be made using the most recent N.A.D.A. valuation guide on the date of Vehicle purchase or Breakdown, as the case may be. The duration of any implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, is limited to the duration of this Warranty. Some states do not allow limitations on how long an implied warranty lasts, so the preceding limitation may not apply to You. This Warranty gives You specific legal rights, and you may also have other rights which vary from state to state.

ARBITRATION PROVISION 

READ THE FOLLOWING ARBITRATION PROVISION (“PROVISION”) CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION. 

As used in this provision, You and Your means the purchaser of the Vehicle covered by this Warranty and all of their heirs, survivors, assigns and representatives. And We and Us shall be deemed to include all of its agents, affiliates, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees and employees of any of the foregoing entities. Any and all claims disputes, or controversies of any nature whatsoever (whether in contract, tort or otherwise, including statutory, common law, fraud [whether by misrepresentation or by omission] or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with (1) this Warranty; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Warranty (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the claim is filed. The terms of this Provision shall control any inconsistency between the AAA’s rules and this Provision. You may obtain a copy of the AAA’s rules by calling 800-778-7879. Upon written request, We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Arbitration Provision. This Arbitration Provision shall inure to the benefit of and be binding on You and Us and its Provisions shall continue in force and effect subsequent to and notwithstanding the expiration of termination of this Warranty. You agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims.

YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION PROVISION, NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS TO ANY CLAIM.