LIMITED GUARANTEE
When you buy the Theft Loss Protectionsm system through CarsDirect.com, OwnerGUARD Corporate guarantees you that in the event the OwnerGUARD TLP System fails to prevent the protected vehicle from being stolen and further that the alphanumeric identification Code fails to effect recovery of the protected vehicle or that the protected vehicle is recovered and your primary insurance company declares it a total loss as a direct result of the theft, then we will pay you the guarantee benefit set forth below in accordance with all terms and conditions of this Limited Guarantee.
GUARANTEE BENEFIT
OwnerGUARD will (1) pay you $1,000.00 as a cash benefit and (2) provide you a credit of $2,000.00 for the sole purpose of purchasing a replacement vehicle. The replacement vehicle must be of equal or greater value than the original purchase price you paid for the protected vehicle, and you must utilize CarsDirect.com to facilitate your purchase of the replacement vehicle. GUARANTEE RESTRICTIONS
The cash benefit will be processed and paid in accordance with the BENEFIT PAYMENT PROCEDURES as set forth on page 7. There is no cash value to the credit. The credit shall be void if it is not used within sixty (60) days of its issue date. The combined payment hereunder shall not exceed the actual cash value of the protected vehicle as of the date of loss. The Limited Guarantee is effective on the installation date of the OwnerGuard TLP System indicated of the Limited Guarantee Installation and Registration Form. LIMITED GUARANTEE ELIGIBILITY
To be eligible for and to continue the protection under this Limited Guarantee, you agree to ensure that the OwnerGUARD TLP System labels are at all times properly install on the protected vehicle and to use the protected vehicle in the United States of America, its territories or possessions, or Canada. ASSIGNMENT/TRANSFER
This Limited Guarantee is void should you transfer ownership of the protected vehicle to any third party. TERMINATION
This Limited Guarantee is nonrefundable and noncancelable. The Limited Guarantee on New Vehicle is 5 Years and the Limited Guarantee period on Used Vehicles is 3 Years from the OwnerGUARD TLP System purchase date. In the event of a paid guarantee claim, this Limited Guarantee is automatically terminated. DEFINITIONS
We, us, or our means OwnerGUARD Corporation. You or your means the owner who registered the protected vehicle with OwnerGUARD. Limited Guarantee means this document and all of its terms and conditions. Actual cash value means the current, region-specific Kelley Blue Book average retail value of the protected vehicle, including all appropriate adjustments for mileage or optional equipment, as of the date of loss. Date of loss means the date on which the total loss to the protected vehicle occurred. Protected vehicle means a vehicle properly registered with OwnerGUARD Corporation as a vehicle with the OwnerGUARD TLP System labels properly affixed. Total loss means that the protected vehicle is deemed a total loss by your primary insurance company solely due to the theft of the entire vehicle (whether or not the protected vehicle has been recovered) or due to constructive total loss from a collision that results form any incident relating to the theft of the protected vehicle. Limited Guarantee means this document and all of its terms and conditions EXCLUSIONS This Limited Guarantee shall be void if there have been any material facts withheld, concealed, or misrepresented or in the event of fraud by you. No payment will be made under this Limited Guarantee for a total loss (1) that occurs prior to its effective date; (2) resulting from an intentional act, forgery, or any criminal or illegal act committed by you at your direction; (3) due to confiscation or repossession; (4) due to a theft when the protected vehicle is left unlocked or with keys in the vehicle; (5) if you do not immediately report a theft of the protected vehicle to the police; or (6) due to theft by or at the direction of you, a family member of yours, or by any other person having permissive access to the keys of the protected vehicle. There is no payment due under this Limited Guarantee for incidental or consequential expenses such as, but not limited to, loss of time or use, inconvenience, personal injury, or property damage. This Limited Guarantee is subject to all of the terms and conditions set forth within this document and is lieu of all other express guarantees, warranties, or liabilities. In no case shall we be liable for any consequential or incidental damages for breach of this guarantee, express or implied, whatsoever. No person or representative is authorized to assume any liability other than as expressed herein in connection with the sale of the OwnerGUARD TLP System. BENEFIT PAYMENT PROCEDURES In the event of a total loss, you shall provide the following documentation to OwnerGUARD Corporation at the address shown below within thirty (30) calendar days of the date of your primary insurance company's final settlement. Failure to submit a claim hereunder in a timely manner will result in the denial of any claim made. - A complete, legible copy of the primary insurance company's settlement statement, including cause of loss and gross settlement amount.
- A complete, legible copy of the police report made for the incident. Such report shall include the date of loss and the protected vehicle mileage as of the date of loss, as well as the circumstances involved in the total loss.
- You shall also provide any other reasonable documentation that is requested by us in order to complete your request for claim payment.
Upon timely submission of proper documentation indicating that the OwnerGUARD TLP System failed to prevent the theft and subsequent recovery of the protected vehicle, we will within seven (7) days of the receipt and verification of the documentation: - pay the $1,000.00 cash benefit directly to you and
- issue you the $2,000.00 replacement vehicle credit.
You must utilize CarsDirect.com to facilitate your purchase of the replacement vehicle within sixty (60) days of the issue date of the credit, after which date the credit shall be void. If comprehensive primary insurance is not maintained on the protected vehicle, we will deem the uninsured protected vehicle unrecovered if the police confirm to us that the protected vehicle has been recovered within thirty (30) days after our receipt of the original police theft report. We will calculate the actual cash value of the protected vehicle as of the date of loss to determine whether the protected vehicle is constructive total loss when the protected vehicle is not insured. You may direct all inquires-including claim information-regarding this Limited Guarantee to: OwnerGUARD Corporation 1775 Hancock Street, Suite 210 San Diego, CA 92110-2036 Telephone (800) 524-4205 Fax (619) 228-0128 The OwnerGUARD Theft Deterrent Security System is a product of OwnerGUARD Corporation. CarsDirect.com has no obligations or responsibilities to you regarding the OwnerGUARD TLP System of its Limited Guarantee. |