CAR DEALER - USED CAR WARRANTY - ADMINISTRATION AGREEMENT

  CAR  DEALER  -­‐  USED  CAR  WARRANTY  -­‐  ADMINISTRATION   AGREEMENT     Terms and Conditions 1. SUMMARY 1.1 This Car Dealer Used Car Warranty A...
Author: Jessica Neal
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  CAR  DEALER  -­‐  USED  CAR  WARRANTY  -­‐  ADMINISTRATION   AGREEMENT    

Terms and Conditions 1. SUMMARY 1.1 This Car Dealer Used Car Warranty Administration Agreement (the AGREEMENT) is designed to manage the costs of administering, repairing and rectifying mechanical and electrical breakdowns (FAILURES) that occur to motor vehicles (VEHICLES) sold by you (the DEALER) to its customers under the terms of warranties (WARRANTYWISE PLANS) issued by you during the period of this AGREEMENT. 1.2 The Administrator Warranty Wise Insurance Services (WARRANTYWISE) whose office address is at 5 Petre Court Clayton le Moors Lancashire BB5 5HY provide and administer the WARRANTYWISE PLANS within the terms of this AGREEMENT on behalf of the DEALER. 1.3 What is not included There are some things that this AGREEMENT does not include. Importantly, these are: .

1.3.1 Any FAILURE that is excluded under the terms of the WARRANTYWISE PLAN,

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1.3.2 Any payment made by the DEALER on an ex-gratia or without prejudice basis unless

agreed by WARRANTYWISE,1.3.3 Any FAILURE which at the time of its occurrence is insured by or would but for the existence of this AGREEMENT be covered by any other warranty policy or guarantee, .

1.3.4 Any repairs made beyond the extent of this AGREEMENT,

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1.3.5 Any FAILURE which occurred prior to the respective WARRANTYWISE PLAN start date or which in our reasonable opinion more than likely existed at that time,

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1.3.6 Any FAILURE within the first 30 days or 1,000 miles (whichever is the later to occur) is due solely or in part to wear and tear,

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1.3.7 Any FAILURE which presents itself on VEHICLES after the respective WARRANTYWISE PLAN expiry date,

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1.3.8 Any FAILURE caused by or due to a lack of previous servicing of the VEHICLE, and

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1.3.9 Any costs or out of pocket expenses howsoever arising out of loss of use of any

VEHICLE or any part thereof caused by any legal liability or consequential loss of any nature. Note: There are other exclusions which are explained in full below. 1.4 Cancellation If having applied for this AGREEMENT you decide that you do not want to use the services offered by this AGREEMENT simply return all relevant documentation to WARRANTYWISE together

with your request in writing, within 14 (fourteen) days of arranging the AGREEMENT and all arrangements will be cancelled and any monies refunded in full providing that no repairs have been registered or authorised by WARRANTYWISE. 1.5 How long this AGREEMENT lasts This AGREEMENT will remain in force until cancelled by either party in accordance with its terms . 1.6 How you can cancel Periodically the DEALER should review whether this AGREEMENT is suitable for your needs. You can cancel this AGREEMENT at any time by writing to WARRANTYWISE however there is no refund of any monies paid will be made if you cancel after 14 (fourteen) days or if WARRANTYWISE have registered or authorised any repairs against any WARRANTYWISE PLAN. 1.7 How repairs are registered and authorised All claims for repairs are to be handled by WARRANTYWISE. If a customer contacts you directly they should be referred to WARRANTYWISE on the following number: 0844 335 1988. Only those repairs administered by WARRANTYWISE will be registered and/or authorised. Note: Further details about repairs are set out later in this AGREEMENT. 1.8 How to contact us or make a complaint Firstly, if you have any questions, please contact your Account Manager by telephoning 0800 169 7880 and explain your query. Your query should be dealt with either while you are on the phone or by return of post or by email.

1.8.1 If you require a review of any amount we have agreed to pay towards an Authorised Repair please telephone 0844 335 1988 and speak to the Customer Services Department. Your query should be dealt with either while you are on the phone or by return of post or by email within working 3 days. 1.8.2 If you are unhappy with how we have exercised our discretion in relation to any repair decision which has been declined or approved at a sum less than you feel entitled and wish to have a further review you need to do so in writing within 14 days to: Customer Services Warrantywise 5 Petre Court Clayton Le Moors Lancashire BB5 5HY or by email to: [email protected]. Your query should be acknowledged by return of post or by email and answered within 3 working days. Note: Please do not phone, if you wish to have any decline decision reviewed as we will only advise you to write in via email or letter as we require the details in writing. Thank you. 1.8.3 If you are not completely satisfied with the outcome of any review, please write to the Chief Executive Officer at: [email protected] or via post at the above address. Your query should be acknowledged by return of post or by email and answered within 3 working days. 1.8.4 Last of all... You can ask for your case to be reviewed personally by Quentin Willson via email at: [email protected]. Your query should be acknowledged by email and answered within 3 working days. 1.9 Fraud If we have any reason to believe that you, your customer or a repairer acting on either’s behalf has provided us (or any Independent Vehicle Examiner) with any false, dishonest or exaggerated information or statement in order to obtain repair costs

then we will suspend any repair authorisation until our fraud investigation team has completed their investigation. Within four weeks we will provide our final response or advise you when our fraud team will be able to provide such a response. Note: Telephone calls may be recorded for quality and training purposes. 2.0 THIS AGREEMENT It is hereby agreed that subject to the terms definitions exclusions and conditions contained herein or endorsed hereon. WARRANTYWISE will in its discretion administer at the DEALERS cost and expense FAILURES that occur within the terms and conditions of WARRANTYWISE PLANS that are: 2.1 issued by the DEALER during the period of the AGREEMENT, and 2.2 accepted by WARRANTYWISE. Note: An important aspect of the WARRANTYWISE PLAN is that we both contractually and legally operate on a discretionary basis. We use this discretion to ensure that you and you and your customers receive a fair and equitable resolution to each and every repair request made. In the event of any complaint Quentin Willson is the final arbiter for the exercise of this discretion on behalf of WARRANTYWISE, and can be contacted via email at: [email protected]. 2.3 The DEALER should complete together with each CUSTOMER an on-line (Dealernet) WARRANTYWISE PLAN application for every WARRANTYWISE PLAN supplied. 2.4 WARRANTYWISE shall confirm with the customer that the WARRANTYWISE PLAN is in force by the issue of a schedule which confirms the terms of the WARRANTYWISE PLAN before the WARRANTYWISE PLAN becomes effective.

2.5 Only those WARRANTY PLANS confirmed by WARRANTYWISE with the issue of a schedule will be included under the terms of this AGREEMENT. 3.0 EXCLUSIONS WARRANTYWISE shall not be liable for the following: 3.1 WARRANTYWISE PLAN Exclusions Any failure repair of replacement of any part that is excluded under the terms of the WARRANTYWISE PLAN. 3.2 Ex-gratia and Without Prejudice Settlements Any cost where the DEALER or VEHICLE manufacturer makes an ex gratia or without prejudice settlement or which has not specifically been agreed by WARRANTYWISE. 3.3 Other warranties This AGREEMENT does not cover any FAILURE which at the time of the breakdown is insured by or would but for the existence of this AGREEMENT be insured or covered by any other policy guarantee or warranty. 3.4 Loss of Use Any costs or out of pocket expenses of the DEALER howsoever arising or any loss arising out of any customer’s loss of use of their VEHICLE or any part thereof are particularly excluded. 3.5 Legal Liability and/or Consequential Loss This AGREEMENT also excludes any legal liability or any consequential loss of the DEALER or its customer. 3.6 EXTENT OF THIS AGREEMENT

The services provided within the terms of this AGREEMENT and within the terms of the WARRANTYWISE PLAN are in addition (and not any substitute) to any rights the CUSTOMER may have under the Sale of Goods Act and Sale of Goods to Consumer Regulations. WARRANTYWISE will not be liable for any repairs which are required to be made beyond the extent of this AGREEMENT. 3.6.1 Any amounts required (by the customer) to be paid in excess of the limit of this AGREEMENT shall be the sole responsibility and at the expense of the DEALER. 3.7 Force Majure No liability is accepted for any consequence outside of the limit of control of WARRANTYWISE such as: war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolutions, insurrection, military or usurped power, riot, civil commotion, strikes, lockout, terrorism, malicious intent or vandalism, confiscation or nationalisation of or requisition or destruction of or damage to property by or under the order of any government or public or local authority. 4.0 CONDITIONS 4.1 Payments The DEALER is required to pay WARRANTYWISE the appropriate payment as required by WARRANTYWISE including Value Added Tax (VAT) at the current rate together with any other fee or charge required in order to comply with any industry standard regulations for each VEHICLE accepted by WARRANTYWISE under this AGREEMENT. 4.2 Variation of Payments WARRANTYWISE have the right to amend any future payments

required under this AGREEMENT, at any time at and in its absolute discretion, by making alterations to the pricing matrix of the on-line (Dealernet) booking facility. 4.3 Sales Declaration and Collection of Payment On a daily basis, or depending on the arrangements made with WARRANTYWISE, the DEALER shall: 4.3.1 using the on-line (Dealernet) booking facilities provided forward to WARRANTYWISE copies of all application forms completed by them for all WARRANTY PLANS provided to its customers during the period of this AGREEMENT and 4.3.2 depending upon the arrangements made with WARRANTYWISE on either a weekly or monthly basis the DEALER shall pay WARRANTYWISE the total amount of payments due by the due date (including VAT) and the DEALER shall either .

4.3.3 forward cheque payment by post or

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4.3.4 pay directly by BACS or

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4.3.5 agree payment by credit card or direct debit.

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4.3.6 WARRANTYWISE will prepare a report of the DEALER’S account annually from

the date of this AGREEMENT or at intervals as may be determined by WARRANTYWISE in its absolute discretion showing details of the amounts set against (i) repairs completed (ii) administration expenses (iii) claims handling (iv) payments (v) deficits (vi) surpluses. 4.3.7 The DEALER agrees to accept any amendments or alterations to either future service levels and/or charges determined necessary by WARRANTYWISE from time to time in its absolute

discretion in order to provide and maintain the AGREEMENT services at the levels required by the DEALER and in particular in order to redress any deficit balances of the DEALER’S account with WARRANTYWISE. 4.4 Amendments and Suspension of AGREEMENT Services The WARRANTYWISE reserve in its absolute discretion and at any time to issue 30 (thirty) days written notice to the DEALER to amend the AGREEMENT services and may suspend the AGREEMENT until any further future requirements of WARRANTYWISE have been fulfilled. 4.5 Cancellation and Termination WARRANTYWISE reserve the right at any time to issue 30 (thirty) days notice of cancellation to the DEALER. WARRANTYWISE will not accept any responsibility or liability in respect of WARRANTY PLANS issued after the cancellation date. 4.5.1 WARRANTYWISE reserves the absolute right to terminate this AGREEMENT immediately and without notice in the event that the DEALER refuses to accept its full responsibilities with these terms or provides WARRANTYWISE with any misleading or false information in order to secure the services of WARRANTYWISE within these terms or within the terms of any WARRANTYWISE PLAN. 4.5.2 In the event of cancellation or termination of this AGREEMENT in respect of WARRANTYWISE PLANS issued by the DEALER prior to the cancellation or termination date and accepted by WARRANTYWISE such WARRANTYWISE PLANS will not be affected in any way and WARRANTYWISE will continue to administer the AGREEMENT until the respective WARRANTYWISE PLANS expiry dates, unless the aggregate of payments made by the DEALER up until and including the date of

cancellation or termination are deemed by WARRANTYWISE in its absolute discretion as being insufficient to continue to administer the AGREEMENT or are otherwise cancelled within the terms of the WARRANTYWISE PLAN after such time any remaining liability shall rest with the DEALER. 5.6 GENERAL 5.6.1 This AGREEMENT shall only apply in respect of repairs made to VEHICLES that have been accepted by WARRANTYWISE within the terms of the WARRANTYWISE PLAN. 5.6.2 The cost of any repairs carried out before the commencement date of any WARRANTYWISE PLAN will not be accepted nor will any repairs for faults which an independent qualified engineer appointed by WARRANTYWISE believes were developing on or before the commencement date of the WARRANTYWISE PLAN. 5.6.3 The DEALER is responsible for completing a pre-sale inspection and servicing check on behalf of WARRANTYWISE as required and in a format as provided herein in order to satisfy our requirements that the VEHICLE is: (a) in a road worthy condition in line with the Road Traffic Act, Sale of Goods Act and Sale of Goods to Consumer Regulations and (b) is free from any mechanical or electrical defects covered by the WARRANTYWISE PLAN and (c) is not in need of any immediate servicing within the time and mileage recommended by the VEHICLE manufacturer or as outlined within the WARRANTYWISE PLAN and (d) has at least 6 (six) months MOT remaining before the DEALER completes the sale of the VEHICLE to a customer. The

DEALER shall complete at its own cost any rectification work that is necessary to meet these requirements before or after the sale of the VEHICLE. 5.6.4 WARRANTYWISE may, at their absolute discretion and at any time alter the terms and conditions of the WARRANTYWISE PLAN. 5.6.5 The DEALER shall not advertise, market or promote this AGREEMENT or WARRANTYWISE in any documentation or publication other than as authorised by WARRANTYWISE. 5.6.6 The DEALER should declare all material facts that may affect WARRANTYWISE’S decision to accept a VEHICLE within the context of this AGREEMENT for a WARRANTYWISE PLAN. If there was any doubt about what was material then the DEALER should declare it. Failure to disclose the correct information at the time of application for the WARRANTYWISE PLAN may invalidate this AGREEMENT. There are examples of VEHICLES which are considered as unacceptable detailed within the WARRANTYWISE PLAN. 5.7 Geographical Limits This AGREEMENT shall only apply to FAILURES that occur within the geographical limits specified in the WARRANTYWISE PLAN. 5.8 Sole Provider It is agreed by the DEALER that WARRANTYWISE will be the sole provider to the DEALER of such a warranty service as offered by the WARRANTYWISE PLAN and hereby agrees to utilise this AGREEMENT for all qualifying VEHICLES sold. 5.9 Access The WARRANTYWISE or their representatives shall have the

right at all reasonable times to have access to any VEHICLES that are to be the subject of aWARRANTYWISE PLAN. 5.10 Subrogation WARRANTYWISE may at any time at their expense use all legal means in the name of the DEALER of securing reimbursement for loss or damage and the DEALER shall give all reasonable assistance for this purpose. 5.11 Observance The due observance and fulfilment of the terms and conditions contained in this AGREEMENT and endorsed hereon (insofar as they relate to anything to be done or complied with by the DEALER) and the truth of the statements and answers in the proposal shall be conditions precedent to any liability of WARRANTYWISE to make any payment under this AGREEMENT. 5.12 Contracts (Rights of Third Parties) Act 1999 Clarification ClauseA person who is not named in this contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 5.13 Law and jurisdiction Any disputes under this AGREEMENT shall be subject to English Law and the jurisdiction of the English Courts. 5.14 Data Protection Act WARRANTYWISE is registered under the Data Protection Act. You (the DEALER) are the only person authorised to make representations to WARRANTYWISE about this AGREEMENT. The data supplied by you will only be used for the purposes of

processing this AGREEMENT including your payments administration and handling any repair which may arise. We will not sell or in any way pass over your personal details to any third party unless required to do so in order to comply with the terms of any lawfully authorised investigation. 5.15 Language All documents and all communications about this AGREEMENT will be in easy to understand English. No language other than English will be used. Any words relating to the male gender shall also refer to the female gender and vice-versa. 5.16 Section Headings and Numbering The headings and numbering of this AGREEMENT are for convenience only and shall not affect the construction thereof. 5.17 Notices Any notices required to be given to the DEALER under the terms of this AGREEMENT shall be forwarded to its last known address by Next Day Special Delivery Post and will be deemed to have been received by the DEALER within 24 hours from the date of posting. 5.18 Any notices required to be given to WARRANTYWISE under the terms of this AGREEMENT shall be forwarded to its last known address by Next Day Special Delivery Post and will be deemed to have been received by WARRANTYWISE within 24 hours from the date of posting. 6.0 REPAIRS NOTIFICATION AND REQUIREMENTS 6.1 Repairs Authority The DEALER agrees that WARRANTYWISE, has sole responsibility within its discretion to handle, negotiate and decline

or accept any claims for repairs made under any WARRANTYWISE PLAN issued by the DEALER during the period of this AGREEMENT and any WARRANTYWISE PLANS issued pursuant to it. 6.1.1 The DEALER accepts that any repairs which are not authorised by WARRANTYWISE will not be accepted under the terms of this AGREEMENT. 6.2 Repairs Notification Any repairs notified directly by a CUSTOMER to the DEALER should be immediately referred to WARRANTYWISE. 6.3 Repairs Settlement WARRANTYWISE will use its reasonable endeavours to obtain the most cost effective settlement for each valid repair either directly with the customer and/or the customer’s chosen repairer. 6.3.1 Once a repair has been validated and payment made WARRANTYWISE will arrange any further reimbursement of costs from the DEALER on an ongoing basis. Where WARRANTYWISE declines a repair claim or part thereof under the terms of the WARRANTYWISE PLAN the remaining liability (if any) will rest with the DEALER. 6.4 Repairs Assistance The DEALER shall provide all reasonable assistance as and when requested by WARRANTYWISE in investigating and/or negotiating any repairs made against WARRANTYWISE PLANS under the terms of this AGREEMENT. 7.0 WARRANTY 7.1 Warranty

In consideration of payment(s) being paid in full WARRANTYWISE are hereby bound to the DEALER for the benefits set out herein subject to the terms, definitions, exclusions and conditions specified within this AGREEMENT. 7.2 Extent of thisAGREEMENT The maximum amount WARRANTYWISE will pay in respect of any one repair will not exceed £10,000 (including VAT) and in the aggregate will not exceed the retail value of the VEHICLE (including VAT) during the period of each WARRANTYWISE PLAN or any lower amount as may be specified in the individual application/documentation of the WARRANTYWISE PLAN. 7.3 WARRANTYWISE PLAN Current versions of WARRANTYWISE PLAN booklets at www.warrantywise.co.uk / downloads and available in booklet form from our offices. 7.4 Pre WARRANTYWISE PLAN checks Prior to the issue of a WARRANTYWISE PLAN the DEALER is required to ensure the following: 7.4.1 Pre-Sale Inspection The VEHICLE should be made ready for sale as required by the Road Traffic Act, Sale of Goods Act and Sale of Goods to Consumer Regulations. A pre-delivery inspection should be carried out by a qualified engineer to ensure there are no obvious mechanical or electrical faults apparent. Any faults discovered should be repaired at the DEALER’S expense. 7.4.2 Previous Servicing The VEHICLE must have received the servicing as detailed within

the WARRANTYWISE PLAN and proof must be made available to the customer that this servicing has been carried out previously or by the DEALER or a VAT registered garage. 7.4.3 If the previous servicing as required within the terms of the WARRANTYWISE PLAN has not been completed then the DEALER must complete the required servicing and bring the VEHICLE’S servicing up to date at its own expense (or) inform his customer‘in writing’ (preferably on the sales invoice) that the servicing must be completed and brought up to date by the customerbefore the WARRANTYWISE PLAN will become effective. 7.5 Important Your CUSTOMER should be made aware of the terms and conditions (and in particular the servicing requirements) of the WARRANTYWISE PLAN.