Common use of In New Jersey Clause in Contracts

In New Jersey. You expressly agree that the limitation of liability in Section 12 of Part 1 of this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of New Jersey and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. Notwithstanding any language in Section 12 to the contrary, Xxxxxx agrees that the limitation on liability for actions under or related to this Agreement will not apply to claims brought by New Jersey consumers for damages caused by Xxxxxx’s intentional, reckless or grossly negligent conduct. If one or more other provisions of this Agreement are deemed to be illegal or unenforceable under New Jersey law, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding and enforceable to the fullest extent permitted by law. IN NEW MEXICO: We will pay a penalty of 10% of the Agreement purchase price per month on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to Us. We may not cancel this Agreement once it has been in effect for seventy (70) days, except under the following conditions: (a) failure to pay the Agreement purchase price; (b) the conviction of You of a crime which results in an increase in the Service required under the Agreement; (c) fraud or material misrepresentation by You in purchasing the Agreement or obtaining Service; (d) or the discovery of an act or omission, or a violation of any condition of the Agreement by You which substantially and materially increases the Service required under the Agreement. If We cancel, You will receive a refund equal to the unearned pro rata purchase price less the cost of any repairs made. IN NEW YORK: We will pay a penalty of 10% of the Agreement purchase price per month on a refund that is not paid or credited within thirty (30) days after return of the Agreement to Us. Obligations of the Provider under this Agreement are insured under a service contract reimbursement insurance policy. If the Provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurer under the service contract reimbursement insurance policy. The Insurer is Virginia Surety Company, Inc. located at 000 Xxxx Xxxxxxx, Chicago, IL 60604: 0-000-000-0000. The terms of the manufacturer’s warranty and any applicable extended warranty related to the Product are hereby incorporated by reference into this Agreement and are a part of this Agreement. Article 79 of the New York Insurance Law applies to the manufacturer’s warranty and any extended warranty incorporated by reference into this Agreement. If there is a conflict between the manufacturer’s warranty or extended warranty incorporated by reference into this Agreement, this Agreement shall govern. The date and cost of this Agreement are as set forth in Your Invoice. If no claim has been made under this Agreement and You cancel this Agreement during the period specified in this Agreement, this Agreement shall be void and You shall be entitled to a full refund of the cost hereof.