Common use of IN NEW MEXICO Clause in Contracts

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 this Agreement shall be void and You shall be entitled to a full refund of the cost hereof.

IN NEW MEXICO. We will pay a penalty of 10% of the Agreement purchase price per month on a refund that Section (H.) General Provisions #1 is not paid or credited within forty-five (45) days after return of the Agreement to Us. We may not cancel amended as follows: If this Agreement once it has been in effect force for a period of seventy (70) days, except under We may not cancel before the following conditionsexpiration of the Agreement Term or one (1) year, whichever occurs first, unless: (a1) failure You fail to pay the Agreement purchase priceany amount due; (b2) the conviction of You are convicted of a crime which results in an increase in the Service service required under the Agreement; (c3) You engage in fraud or material misrepresentation by in obtaining this Agreement; or 4) You in purchasing the Agreement or obtaining Service; (d) or the discovery of an act or commit any act, omission, or a violation of any condition terms of this Agreement after the effective date of this Agreement by You which substantially and materially increases increase the Service service required under the this 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 cancel Your Agreement purchase price per month on a refund that is not paid or credited within thirty (30) days after return of the receipt of Your Agreement to Us. Obligations of the Provider under this Agreement are insured under and do not receive a service contract reimbursement insurance policy. If the Provider fails to pay refund or provide service on a claim credit within sixty (60) days after proof of loss has been filedreceipt of the returned service agreement, a ten percent (10%) penalty per month shall be applied to the refund. The following statement is added to Section (H.) General Provisions #1: We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of this Agreement. The following statement is added to Section (H.) General Provisions #7: You understand that the purchase of this Agreement is not required to purchase or, to obtain financing for, the Covered Product. The following statement is removed from Section (H.) General Provisions #5: The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all matters arising out of or relating to this Agreement and all transactions contemplated by this Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Agreement. Section (H.) General Provisions #1, is deleted and replaced with the following: You may cancel this Agreement for any reason at any time. To cancel, contact the Administrator in writing. If You cancel within the first thirty (30) days of receipt of Your Agreement, You are entitled will receive a full refund. If You cancel after thirty (30) days, You will receive a pro-rata refund based on one-hundred percent (100%) of the unearned pro-rata premium, less ten percent (10%) of the unearned pro-rata premium or twenty-five dollars ($25.00), whichever is less. No claim incurred or paid nor any repair made, will be deducted from the amount to make a claim directly against be returned in event of cancellation. We may not cancel this Agreement except for fraud, material misrepresentation or non-payment by You. Notice of such cancellation will be mailed to You at least thirty (30) days prior to cancellation. If We cancel, the insurer under return premium is based on one-hundred percent (100%) of the service contract reimbursement insurance policyunearned pro-rata premium. The Insurer following statement is added to Section (H.) General Provisions #7: NOTICE: This service warranty is not issued by the manufacturer or wholesale company marketing the product. This service warranty will not be honored by such manufacturer or wholesale company. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Obligations of the Obligor under this Agreement are insured by a policy of insurance issued by Virginia Surety Company, Inc. located at Inc., 000 Xxxx XxxxxxxXxxxxxx Xxxx., Chicago, IL Illinois, 60604: 0-, (000) 000-0000. Oklahoma service warranty Statutes do not apply to commercial use references in service warranty contracts. The following statement is added to Section (H.) General Provisions #5: The Arbitration Provision section of this CONTRACT is amended to include the following: While arbitration is mandatory, the outcome of any arbitration shall be non- binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a district court of Oklahoma. Section (H.) General Provisions #5 is removed. The following statement is added to Section (H.) General Provisions #7: If You purchased this Agreement in South Carolina, complaints or questions about this Agreement may be directed to the South Carolina Department of Insurance, X.X. Xxx 000000, Xxxxxxxx, Xxxxx Xxxxxxxx 00000-0000, telephone number (000) 000-0000. The terms following statement is added to Section (H.) General Provisions #1: If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement and do not receive a refund or credit within thirty (30) days of receipt of the manufacturer’s warranty and any applicable extended warranty related returned service agreement, a ten percent (10%) penalty per month shall be applied 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 this Agreement shall be void and You shall be entitled to a full refund of the cost hereofrefund.

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 incorproated 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 10 of this Agreement, this Agreement shall be void and You shall be entitled to a full refund of the cost hereof.

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 10 of this Agreement, this Agreement shall be void and You shall be entitled to a full refund of the cost hereof.