POLARISTAR PROTECTION PLUS
TERMS AND CONDITIONS
SECTION 1 - REQUIRED MAINTENANCE
In order to keep this Contract in force or transfer this Contract, You must maintain the vehicle in accordance with Polaris’ maintenance requirements from the date You purchased the vehicle. Before any repair is authorized or transfer approved, We will require You to prove You have properly maintained the vehicle as required. You are responsible for retaining the receipts identifying the vehicle showing dates, mileage, services performed, year, make, model, and vehicle identification number (VIN), and providing them to the Administrator in the event of a claim or transfer. The performance of normal maintenance services is not covered by this Contract.
SECTION 2 - HOW TO MAKE A CLAIM
1. Take all reasonable precautions to protect the vehicle from further damage in order to prevent additional cost or repairs (see Section 4, Exclusions);
2. You must authorize a Polaris/Victory Dealer to inspect and diagnose the Mechanical Breakdown, as necessary, to determine the cause of failure and the cost of parts and labor to repair;
3. If requested, permit inspection of the vehicle by the Administrator BEFORE repairs are performed;
4. Prior to starting repairs, You or the repair facility must call the Administrator at 866-576-5274 with diagnosis and estimate of repairs. If a covered Mechanical Breakdown occurs when the Administrator’s office is closed, You or the repair facility must call the Administrator during the next business day. Failure to call in and report the claim on the next business day may result in nonpayment (see Exclusions, Section 4). Repair Facility may also submit claims online at www.polaristaresc.com;
5. Upon request, provide proof of maintenance (see Section 1, Required Maintenance);
6. You must pay the deductible and any other non-covered expenses as applicable;
7. If a Mechanical Breakdown is NOT covered by this Contract, any cost incurred for disassembly or diagnostic work is Your responsibility and expense (see Section 4, Exclusions); Claims mailed in without prior authorization from the Administrator will be denied (see Section 4, Exclusions).
SECTION 3 - COVERAGE
MECHANICAL BREAKDOWN: The failure of a Covered Part to perform its intended function due to defects in materials or faulty workmanship in its manufacturing.
A. COVERED COMPONENTS
This Contract provides Mechanical Breakdown coverage for repair or replacement of all factory-installed mechanical and electrical operating parts on the vehicle. Replacement shall be made with genuine new or rebuilt Polaris/Victory parts, when possible. Coverage includes fluids and labor when required as part of a covered repair. See Section 4, Exclusions.
B. ADDED COVERAGES
The following coverages are included at no additional cost to You on all new or preowned vehicles: RENTAL: In the event of a covered Mechanical Breakdown, We will reimburse You for actual expenses incurred for substitute transportation at a maximum daily rental rate of $20 per day, not to exceed a total of six (6) days. One (1) day’s rental shall be allowed for each eight (8) hours, or portion thereof, of labor hours required as listed in rates established by the manufacturer for use in Polaris-licensed repair facilities. PICKUP: In the event of a covered Mechanical Breakdown, We will reimburse You for reasonable pickup charges, not to exceed $50, which You incur to have Your Polaris/Victory vehicle picked up and taken to a repair facility.
SECTION 4 - EXCLUSIONS
THIS CONTRACT DOES NOT COVER OR APPLY TO THE FOLLOWING CONDITIONS:
1. Any claim submitted without the authorization of the Administrator prior to starting the repair(s).
2. Any non-covered components or services, environmental surcharges, waste disposal fees, shop supplies, and similar charges including but not limited to, the performance of normalmaintenance services as set forth in the owner’s guide for the vehicle, scheduled replacement of parts and wear items, and parts and services such as: spark plugs, filter, fuses, battery, battery cables, belts, body parts and mounts, clutch friction disc, glass, lenses, non-permanent attaching parts, non-specialized bolts, clamps, windscreens, thermostat, head lamps and bulbs, timing belts, tune-ups, grommets, rubber or rubber-like hoses and lines, rubber tracks, paint, cosmetic trimparts, additives, freight, storage charges, core charges, brake linings, brake rotors, brake drums, complete exhaust system, upholstery. Fluids are not covered except in conjunction with repair of a covered mechanical breakdown. Fluid refill is limited to necessary amounts for one (1) refill on the covered component being repaired.
3. Repair or replacement of any Covered Component if a Mechanical Breakdown has not occurred.
4. Any part that a repair facility or manufacturer recommends or requires to be repaired or replaced, or is an update, and is not a Mechanical Breakdown is Your responsibility and expense.
5. Any Mechanical Breakdown resulting from the Mechanical Breakdown of any non-covered part and/or any pre-existing condition.
6. Any Mechanical Breakdown or overheating resulting from misuse, abuse, accident, dirty or poor quality fuel, improper fuel or fluids, improper fuel mixture, oil additive, negligence, hazard, inadequate coolant or oil level, ingestion of foreign objects ormaterial, impropermaintenance or repair, or failure to performthe required maintenance services.
7. Any repair of valves or rings, where the only malfunction is low compression or excessive use of oil, stuck and/or carbonized piston rings, improper spark plug heat range, or piston seizure not caused by a manufacturing defect.
8. Any Mechanical Breakdown due to the misapplication of your vehicle.
9. Any loss or expense that is the direct result of amechanical or structural defect for which the manufacturer has announced its responsibility by a recall or other announcement for the purpose of correcting such defect, or the repair of any component/part covered by the Federal Emissions Warranty.
10. Any vehiclemodified or altered with, but not limited to, high performance and/or off-road equipment that is not original factory equipment done before or after the effective date of this Contract.
11. Any vehicle used for any form of competitive driving or racing.
12. Any vehicle reconstructed from salvage.
13. Any Mechanical Breakdown caused by collision or upset, fire or smoke, theft or attempted theft, vandalism, rust or corrosion, explosion, earthquake, lightning, windstorm, hail, water, flood, freezing, contamination, riot or civil commotion, nuclear incident or act of war.
14. Use as a rental vehicle, shuttle, or any “for hire” business.
15. AnyMechanical Breakdown resulting from improper storage of Your vehicle as specified by Your Polaris/Victory owner’s manual.
IF YOU MODIFY YOUR VEHICLE IN A MANNER THAT RENDERS IT INELIGIBLE FOR THE COVERAGES PROVIDED BY THIS CONTRACT,WE WILL THEN HAVE THE RIGHT TO CANCEL THIS CONTRACT. IF WE CANCEL THE CONTRACT, YOU WILL BE ENTITLED TO A REFUND COMPUTED AS OF THE DATE OF THE MODIFICATION, CALCULATED UNDER THE TERMS HEREIN, AND NO CLAIMS WILL BE PAYABLE.
SECTION 5 -GENERAL PROVISIONS
A. LIMIT OF LIABILITY: Our Limit of Liability and the total of all benefits paid or payable during the Termof this Contract shall in no event exceed the average retail value of Your vehicle at the time of a Mechanical Breakdown as currently listed on the NADA website. This Contract is limited to repair or replacement of the covered failed part only to restore the failed part to the same or like condition prior to Mechanical Breakdown. Our liability for incidental and consequential damages including, but not limited to, personal injury, physical damage, property damage, loss of use of Your vehicle, loss of time, inconvenience and commercial loss resulting fromthe operation,maintenance, or use of Your vehicle is expressly excluded. However, this exclusionmay not apply in some jurisdictions that disallow the exclusion of consequential or incidental damage.
B. TRANSFER: This Contract is transferable once during its lifetime, between You or Your Polaris/Victory Dealer and a subsequent individual retail purchaser of the vehicle, provided: (1) The transfer request is received within thirty (30) days of the date of sale of the vehicle. (2) Required maintenance and servicing has been performed and these records are provided to Us. (3) You or Your Polaris Dealer submit a completed Transfer Request Form, the transfer fee of $25 (no fee assessed in the state of NH),maintenance records, and a copy of the bill of sale. If the transfer request is not approved, upon Your written request Your Contract will be terminated as of the date You sold the vehicle. Any transfer fee and unearned portion of the Contract Price You paid for this Contract will be refunded.
C. CANCELLATION: You may terminate this Contract by contacting the Dealer on the front of this Contract, or by written notice to the Administrator requesting termination while this Contract is in force. The information required to process a cancellation includes: date of cancellation, odometer reading at cancellation, reason for cancellation, and contract holder’s signature. The Administrator may terminate this Contract for nonpayment of the Contract Price or for any material misrepresentation. If the Administrator cancels this Contract written notice shall bemailed to You stating the specific grounds for cancellation. In the event this Contract is terminated, the amount We retain will be determined as follows: (1) If this Contract is terminated within sixty (60) days of the Contract purchase date, the total amount paid by You for this Contract will be refunded, provided no repair work has been performed or commenced. (2) After the first sixty (60) days,We will retain an amount calculated pro rata based on the months or mileage elapsed since the purchase date, whichever is greater, plus a $25 processing charge. The Issuing Dealer will refund the balance to You. If the amount paid for this Contract was financed, the Issuing Dealer willmake the refund to the Lien holder unless it has been notified the debt has been paid off. (3) Within the first sixty (60) days, if repair work has been performed or commenced and this Contract is terminated, or if this Contract is terminated by the Administrator for nonpayment of the Contract Price o rmaterial misrepresentation at any time, We will retain an amount calculated pro rata based on the months or mileage elapsed since the purchase date, whichever is greater, plus the amount of any claims paid prior to cancellation.
D. CONTRACT INSURED BY: You are reminded that this Contract is not an insurance policy. Performance to You under this Contract is guaranteed by a California approved insurance company. You may file a claim with Heritage Indemnity Company, California Certificate of Authority Number 08549/2008. You are entitled to make a direct claim against Heritage Indemnity Company, P.O. Box 140057, Denver, Colorado 80214-0057, 800-322-3933, if any promise made in the Contract has been denied or has not been honored within sixty (60) days after the repair order has been filed with Us.
E. MANUFACTURER’S WARRANTY: Any repair facility repairing Your vehicle for a Mechanical Breakdown covered by this Contract is fully responsible for that repair for the termof the warranty indicated on the repair order (minimumthirty (30) days). This Contract has no liability for similar repairs to the same part(s) during the warranty period.
THIS CONTRACT IS NOT RENEWABLE.