Common use of Conditions Not Covered Clause in Contracts

Conditions Not Covered. This Agreement 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. (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, nuclear contamination, collision (including roadbed collision) or upset, glass breakage, earthquake, explosion, volcanic eruption, falling objects, fire or smoke, flood, fluid contamination, freezing, fuel contamination, fuels containing more than ten percent (10%) ethanol, Biofuel, gas with lower octane rating than required by the manufacturer, use of motor oil, or any other type of lubricant that is not recommended by the manufacturer, hail, lightening, malicious mischief, oil contamination, rust or corrosion, theft or larceny, vandalism, water, water contamination, windstorm, and other external forces or events. (4) Breakdown of any part which the United States Environmental Protection Agency (EPA) has determined to be emission related, which is included on a current list published by the EPA of such parts. (5) 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. (6) The repair or replacement of a covered part that any manufacturer warranty or any other coverage or other reason the manufacturer, importer, distributor, seller, or repairer of the vehicle will repair or replace the part at its expense or at a reduced cost. Sole coverage for such repairs or replacements shall rest with the manufacturer or other coverage provider. This does not apply to notices that do not provide manufacturer or other coverage provider payment, such as tool or repair directives without coverage, or acknowledgement of a known or common failure that has no coverage, but rather is just a notification that potentially saves time in diagnosis and/or repair. (7) Breakdown of a Covered Part caused by a non-covered part. (8) Components or parts which have not failed or resulted in a Breakdown, but are replaced based on the manufacturer’s or the Repair Facility’s recommendation. (9) A Breakdown caused by negligence, misuse, improper servicing, or failure by You to perform manufacturer required/recommended maintenance services. (10) A Breakdown caused by the lack of proper and necessary amounts of coolants or lubricants, or resulting from carbon, contaminate(s) and contamination of fluids, environmental damage, foreign object(s), rust or corrosion, sludge, salt, or due to leaking fluids, fuels, coolants, or lubricants from non-covered parts. Any repair or replacement of any Covered Part if a Breakdown/Mechanical Breakdown has not occurred. Gradual reduction in operating performance is not covered unless it exceeds the published tolerances allowed by the manufacturer. Valves, valve guides, valve seals, and/or piston rings are not covered if the purpose of such is simply to raise the engine’s compression, performance, or to reach acceptable oil consumption. (11) A Breakdown of any part if the odometer is inoperative or has been disconnected subsequent to Your purchase of the Vehicle. (12) 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, illuminated warning lights, etc.). (13) A Breakdown or repair occurring outside the United States, its territories and possessions, or Canada. (14) Any fees or expenses charged for the disposal, cleanup, neutralization, removal, treatment, or detoxification of environmentally unsafe materials. (15) Any Breakdown occurring before breakdown coverage takes effect. (16) If the information provided by You or the Repair Facility cannot be verified as accurate or is found to be deceptively inaccurate. (17) Incidental or consequential damages, except as expressly provided otherwise in this Agreement, including personal injury, physical damage, loss of use, loss of time, storage charges, inconvenience, and commercial loss. (18) Any PRE-EXISTING condition including any COVERED PART that was broken, worn beyond serviceable limits, or making noise at the time of purchase, or any component or system that was not functioning properly upon the first attempt to operate. (19) All COVERED PARTS not in good working order prior to the Vehicle Purchase Date.

Conditions Not Covered. This Agreement does NOT provide coverage under any of the following circumstances/conditions: (1a) Any repair(s) and/or replacement(s) not authorized by Us prior to the commencement of any repair(s) or for loss, damage, damage or expense arising from or incurred in connection with repairs performed without receipt of prior authorization from Us. (2b) Loss, damage, damage or expense resulting directly or indirectly from an intentional, dishonest, fraudulent, criminal, criminal or illegal act committed by You, Your employee or agent, or occurring due to confiscation confiscation or repossession. (3c) A Breakdown breakdown caused by accident, civil commotion or riot, nuclear contamination, collision (including roadbed collision) or upset, glass breakage, earthquake, explosion, volcanic eruption, falling objects, fire fire or smoke, floodflood, fluid fluid contamination, freezing, fuel contamination, fuels containing more than ten percent (10%) % ethanol, Biofuel, gas with lower octane rating than required by the manufacturer, use of motor oil, or any other type of lubricant that is not recommended by the manufacturer, manufacturer hail, lightening, malicious mischief, oil contamination, rust or corrosion, theft or larceny, vandalism, water, water contamination, windstorm, wind- storm and other external forces or events. (4d) Breakdown of any part which the United States Environmental Protection Agency (EPA) has determined to be emission related, which is included on a current list published by the EPA of such parts, and which is within the EPA time and mileage emissions warranty period. (5e) Any loss, damage, or expense normally covered by a standard automobile insurance policy including personal or property liability coverages, comprehensive coverages, com- prehensive coverages or uninsured motorist coverages. (6f) The When the responsibility for the repair is covered by an insurance policy, manufacturer and/or dealer customer assistance program, or replacement any warranty from the manufacturer, such as extended drivetrain, major component or full coverage warranties, or a repairer’s guarantee/warranty (regardless of the manufacturer’s or repairer’s ability to pay for such repairs) or event of a breakdown if the manufacturer has announced its responsibility through any means, including public recalls and factory service campaigns. (g) 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, including but not limited to technical service bulletins. (h) Breakdown of a covered part that any manufacturer warranty or any other coverage or other reason the manufacturer, importer, distributor, seller, or repairer of the vehicle will repair or replace the part at its expense or at a reduced cost. Sole coverage for such repairs or replacements shall rest with the manufacturer or other coverage provider. This does not apply to notices that do not provide manufacturer or other coverage provider payment, such as tool or repair directives without coverage, or acknowledgement of a known or common failure that has no coverage, but rather is just a notification that potentially saves time in diagnosis and/or repair. (7) Breakdown of a Covered Part caused by a non-covered part. (8) i) Components or parts which have not failed or resulted in a Breakdown, but are replaced based on the manufacturer’s or the Repair Facilityrepair facility’s recommendation. (9j) A Breakdown breakdown caused by negligence, misuse, improper servicing, servicing or failure by You to perform manufacturer required/recommended maintenance services. (10k) A Breakdown breakdown caused by the lack of proper and necessary amounts of coolants or lubricantslubricants or caused by sludge buildup, contaminant(s), or resulting from carbon, contaminate(s) and contamination of fluids, environmental damage, foreign object(s), rust or corrosion, sludge, salt, or due to leaking fluids, fuels, coolants, or lubricants from non-covered parts. Any repair or replacement of any Covered Part if a Breakdown/Mechanical Breakdown has not occurred. Gradual reduction in operating performance is not covered unless it exceeds the published tolerances allowed by the manufacturer. Valves, valve guides, valve seals, and/or piston rings are not covered if the purpose of such is simply to raise the engine’s compression, performance, or to reach acceptable oil consumption. (11l) A Breakdown breakdown of any part if the odometer is inoperative for more than one (1) month or 1,000 miles or has been disconnected tampered with or has been dis- connected subsequent to Your purchase of the Vehicle. (12m) Damage caused by Your failure to take reasonable precautions to prevent damage when an apparent problem exists (e.g., change in engine temperature tem- perature condition, unusual noises, leaking fluidsfluids, shaking, unusual shifting, illuminated warning lights, etc.). (13n) A Breakdown breakdown or repair occurring outside the United States, its territories and possessions, or Canada. (14o) Any fees or expenses charged for the disposal, cleanup, neutralization, removal, treatment, treatment or detoxification detoxification of environmentally unsafe materials. (15p) Any Breakdown breakdown occurring before breakdown coverage Breakdown Coverage takes effect. (16) If effect or if the information provided by You You, or the Repair Facility repair fa- cility cannot be verified verified as accurate or is found to be deceptively inaccurate. (17q) Incidental or consequential damages, except as expressly provided otherwise in this Agreement, including personal injury, physical damage, loss of use, loss of time, storage charges, inconvenience, inconvenience and commercial loss. (18) Any PRE-EXISTING condition including any COVERED PART that was broken, worn beyond serviceable limits, or making noise at the time of purchase, or any component or system that was not functioning properly upon the first attempt to operate. (19) All COVERED PARTS not in good working order prior to the Vehicle Purchase Date.

Conditions Not Covered. This Agreement does NOT provide coverage under any of the following circumstances/conditions: (1a) Any repair(s) and/or replacement(s) not authorized by Us prior to the commencement of any repair(s) or for loss, damage, damage or expense arising from or incurred in connection with repairs performed without receipt of prior authorization from Us. (2b) Loss, damage, damage or expense resulting directly or indirectly from an intentional, dishonest, fraudulent, criminal, criminal or illegal act committed by You, Your employee or agent, or occurring due to confiscation or repossession. (3c) A Breakdown breakdown caused by accident, civil commotion or riot, nuclear contamination, collision (including roadbed collision) or upset, glass breakage, earthquake, explosion, volcanic eruption, falling objects, fire or smoke, flood, fluid contamination, freezing, fuel contamination, fuels containing more than ten percent (10%) % ethanol, Biofuel, gas with lower octane rating than required by the manufacturer, use of motor oil, or any other type of lubricant that is not recommended by the manufacturer, manufacturer hail, lightening, malicious mischief, oil contamination, rust or corrosion, theft or larceny, vandalism, water, water contamination, windstorm, wind- storm and other external forces or events. (4d) Breakdown of any part which the United States Environmental Protection Agency (EPA) has determined to be emission related, which is included on a current list published by the EPA of such parts, and which is within the EPA time and mileage emissions warranty period. (5e) Any loss, damage, or expense normally covered by a standard automobile insurance policy including personal or property liability coverages, comprehensive coverages, coverages or uninsured motorist coverages. (6f) The When the responsibility for the repair is covered by an insurance policy, manufacturer and/or dealer customer assistance program, or replacement any warranty from the manufacturer, such as extended drivetrain, major component or full coverage warranties, or a repairer’s guarantee/warranty (regardless of the manufacturer’s or repairer’s ability to pay for such repairs) or event of a breakdown if the manufacturer has announced its responsibility through any means, including public recalls and factory service campaigns. (g) 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, including but not limited to technical service bulletins. (h) Breakdown of a covered part that any manufacturer warranty or any other coverage or other reason the manufacturer, importer, distributor, seller, or repairer of the vehicle will repair or replace the part at its expense or at a reduced cost. Sole coverage for such repairs or replacements shall rest with the manufacturer or other coverage provider. This does not apply to notices that do not provide manufacturer or other coverage provider payment, such as tool or repair directives without coverage, or acknowledgement of a known or common failure that has no coverage, but rather is just a notification that potentially saves time in diagnosis and/or repair. (7) Breakdown of a Covered Part caused by a non-covered part. (8) i) Components or parts which have not failed or resulted in a Breakdown, but are replaced based on the manufacturer’s or the Repair Facilityrepair facility’s recommendation. (9j) A Breakdown breakdown caused by negligence, misuse, improper servicing, servicing or failure by You to perform manufacturer required/recommended maintenance services. (10k) A Breakdown breakdown caused by the lack of proper and necessary amounts of coolants or lubricantslubricants or caused by sludge buildup, contaminant(s), or resulting from carbon, contaminate(s) and contamination of fluids, environmental damage, foreign object(s), rust or corrosion, sludge, salt, or due to leaking fluids, fuels, coolants, or lubricants from non-covered parts. Any repair or replacement of any Covered Part if a Breakdown/Mechanical Breakdown has not occurred. Gradual reduction in operating performance is not covered unless it exceeds the published tolerances allowed by the manufacturer. Valves, valve guides, valve seals, and/or piston rings are not covered if the purpose of such is simply to raise the engine’s compression, performance, or to reach acceptable oil consumption. (11l) A Breakdown breakdown of any part if the odometer is inoperative for more than one (1) month or 1,000 miles or has been disconnected tampered with or has been dis- connected subsequent to Your purchase of the Vehicle. (12m) 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, illuminated warning lights, etc.). (13n) A Breakdown breakdown or repair occurring outside the United States, its territories and possessions, or Canada. (14o) Any fees or expenses charged for the disposal, cleanup, neutralization, removal, treatment, treatment or detoxification of environmentally unsafe materials. (15p) Any Breakdown breakdown occurring before breakdown coverage Breakdown Coverage takes effect. Coverage begins upon the expiration of the Validation Period. (16q) If the information provided by You You, or the Repair Facility repair facility cannot be verified as accurate or is found to be deceptively inaccurate. (17r) Incidental or consequential damages, except as expressly provided otherwise in this Agreement, including personal injury, physical damage, loss of use, loss of time, storage charges, inconvenience, inconvenience and commercial loss. (18s) Any PRE-EXISTING condition including any COVERED PART that was broken, worn beyond serviceable limits, or making noise at the time of purchase, or any component or system that was not functioning properly upon the first attempt to operate. (19t) All COVERED PARTS not in good working order prior to sale for the Vehicle Purchase DateVehicle.

Conditions Not Covered. This Agreement does NOT provide coverage under any of the following circumstances/conditions: (1a) Any repair(s) and/or replacement(s) not authorized by Us prior to the commencement of any repair(s) or for loss, damage, damage or expense arising from or incurred in connection with repairs performed without receipt of prior authorization from Us. (2b) Loss, damage, damage or expense resulting directly or indirectly from an intentional, dishonest, fraudulent, criminal, criminal or illegal act committed by You, Your employee or agent, or occurring due to confiscation confiscation or repossession. (3c) A Breakdown breakdown caused by accident, civil commotion or riot, nuclear contamination, collision (including roadbed collision) or upset, glass breakage, earthquake, explosion, volcanic eruption, falling objects, fire fire or smoke, floodflood, fluid fluid contamination, freezing, fuel contamination, fuels containing more than ten percent (10%) ethanol, Biofuel, gas with lower octane rating than required by the manufacturer, use of motor oil, or any other type of lubricant that is not recommended by the manufacturer, hail, lightening, malicious mischief, oil contamination, rust or corrosion, theft or larceny, vandalism, water, water contamination, windstorm, and other external forces or events., (4d) Breakdown of any part which the United States Environmental Protection Agency (EPA) has determined to be emission related, which is included on a current list published by the EPA of such parts, and which is within the EPA time and mileage emissions warranty period. (5e) Any loss, damage, or expense normally covered by a standard automobile insurance policy including personal or property liability coverages, comprehensive coverages, coverages or uninsured motorist coverages. (6f) The repair or replacement of a covered part that any manufacturer warranty or any other coverage or other reason the manufacturer, importer, distributor, seller, seller or repairer of the vehicle will repair or replace the part at its expense or at a reduced cost. Sole coverage for such repairs or replacements shall rest with the manufacturer or other coverage provider. This does not apply to notices that do not provide manufacturer or other coverage provider payment, such as tool or repair directives without coverage, or acknowledgement of a known or common failure that has no coverage, but rather is just a notification notification that potentially saves time in diagnosis and/or repair. (7g) Breakdown of a Covered Part covered part caused by a non-covered part. (8) h) Components or parts which have not failed or resulted in a Breakdown, but are replaced based on the manufacturer’s or the Repair Facilityrepair facility’s recommendation. (9i) A Breakdown breakdown caused by negligence, misuse, improper servicing, servicing or failure by You to perform manufacturer required/recommended maintenance services. (10j) A Breakdown breakdown caused by the lack of proper and necessary amounts of coolants or lubricants, or resulting from carbon, contaminate(s) and contamination of fluidsfluids, environmental damage, foreign object(s), rust or corrosion, sludge, salt, or due to leaking fluidsfluids, fuels, coolants, coolants or lubricants from non-covered parts. Any repair or replacement of any Covered Part covered part if a Breakdown/Breakdown / Mechanical Breakdown has not occurred. Gradual reduction in operating performance is not covered unless it exceeds the published tolerances allowed by the manufacturer. Valves, valve guides, valve seals, and/or piston rings are not covered if the purpose of such is simply to raise the engine’s compression, performance, or to reach acceptable oil consumption. (11k) A Breakdown 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. (12l) 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 fluidsfluids, shaking, unusual shifting, illuminated luminated warning lights, lights etc.). (13m) A Breakdown breakdown or repair occurring outside the United States, its territories and possessions, or Canada. (14n) Any fees or expenses charged for the disposal, cleanup, neutralization, removal, treatment, treatment or detoxification detoxification of environmentally unsafe materials. (15o) Any Breakdown occurring before breakdown coverage Breakdown Coverage takes effect. (16p) If the information provided by You You, or the Repair Facility repair facility cannot be verified verified as accurate or is found to be deceptively inaccurate. (17q) Incidental or consequential damages, except as expressly provided otherwise in this Agreement, including personal injury, physical damage, loss of use, loss of time, storage charges, inconvenience, inconvenience and commercial loss. (18r) Any PRE-EXISTING condition including any COVERED PART that was broken, worn beyond serviceable limits, or making noise at the time of purchase, or any component or system that was not functioning properly upon the first first attempt to operate. (19s) All COVERED PARTS not in good working order prior to sale for the Vehicle Purchase DateVehicle.