STATE VARIATIONS. The following state variations will control if inconsistent with any other provisions: In Alabama, Hawaii, Maryland, Nevada, New York, Texas, Washington and Wyoming: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of the Buyer’s notice of cancellation of this Contract. In Arizona: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. In Georgia: If the Buyer cancels after thirty (30) days of receipt of this Contract, the Buyer will receive a pro-rata refund of the Contract price. National Product Care Company or “We” may not cancel this Contract except for fraud, material misrepresentation, or nonpayment by the Buyer. The return premium is based upon 100% of the unearned pro-rata premium. Cancellation will comply with section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. In Nevada: ▇▇▇’▇ may not cancel this Contract without providing the Buyer with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. Any claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of this Contract. In New Mexico: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within sixty (60) days of receipt of returned service contract. ▇▇▇’▇ may not cancel this Contract without providing the Buyer with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Contract has been in force for a period of seventy (70) days, ▇▇▇’▇ may not cancel before the expiration of the Contract term or one (1) year, whichever occurs first, unless: 1) the Buyer fails to pay any amount due; 2) the Buyer is convicted of a crime which results in an increase in the service required under the Contract; 3) the Buyer engages in fraud or material misrepresentation in obtaining this Contract; or 4) the Buyer commits any act, omission, or violation of any terms of this Contract after the effective date of this Contract which substantially and materially increases the service required under this Contract. In North Carolina: ▇▇▇’▇ may not cancel this Contract except for nonpayment by the Buyer or for violation of any of the terms and conditions of this Contract. In Utah: ▇▇▇’▇ may cancel the Contract during the first sixty (60) days of the initial annual term by mailing to the Buyer a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that ▇▇▇’▇ may also cancel the Contract during such time period for nonpayment of premium by mailing the Buyer a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, ▇▇▇’▇ may cancel the Contract by mailing a cancellation notice to the Buyer at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless ▇▇▇’▇ should reasonably have foreseen the change or contemplated the risk when entering into the Contract, (c) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to the Buyer at the Buyer’s last known address and contain all of the following: (1) the Contract number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation. In Washington: ▇▇▇’▇ may not cancel this Contract without providing the Buyer with written notice at least twenty-one (21) days prior to the effective date of cancellation and the reason for cancellation.
Appears in 1 contract
Sources: Performance Service Contract
STATE VARIATIONS. The following state variations will control if inconsistent with any other provisions: In Alabama, Hawaii, Maryland, Nevada, New York, Texas, Washington and Wyoming: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of the Buyer’s notice of cancellation of this Contract. In Arizona: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. In Georgia: If the Buyer cancels after thirty (30) days of receipt of this Contract, the Buyer will receive a pro-rata refund of the Contract price. National Product Care Company or “We” may not cancel this Contract except for fraud, material misrepresentation, or nonpayment by the Buyer. The return premium is based upon 100% of the unearned pro-rata premium. Cancellation will comply with section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. In Nevada: ▇▇▇’▇ may not cancel this Contract without providing the Buyer with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. Any claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of this Contract. In New Mexico: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within sixty (60) days of receipt of returned service contract. ▇▇▇’▇ may not cancel this Contract without providing the Buyer with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Contract has been in force for a period of seventy (70) days, ▇▇▇’▇ may not cancel before the expiration of the Contract term or one (1) year, whichever occurs first, unless: 1) the Buyer fails to pay any amount due; 2) the Buyer is convicted of a crime which results in an increase in the service required under the Contract; 3) the Buyer engages in fraud or material misrepresentation in obtaining this Contract; or 4) the Buyer commits any act, omission, or violation of any terms of this Contract after the effective date of this Contract which substantially and materially increases the service required under this Contract. In North Carolina: ▇▇▇’▇ may not cancel this Contract except for nonpayment by the Buyer or for violation of any of the terms and conditions of this Contract. In Utah: ▇▇▇’▇ may cancel the Contract during the first sixty (60) days of the initial annual term by mailing to the Buyer a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that ▇▇▇’▇ may also cancel the Contract during such time period for nonpayment of premium by mailing the Buyer a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, ▇▇▇’▇ may cancel the Contract by mailing a cancellation notice to the Buyer at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless ▇▇▇’▇ should reasonably have foreseen the change or contemplated the risk when entering into the Contract, (c) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to the Buyer at the Buyer’s last known address and contain all of the following: (1) the Contract number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation. In Washington: ▇▇▇’▇ may not cancel this Contract without providing the Buyer with written notice at least twenty-one (21) days prior to the effective date of cancellation and the reason for cancellation.;
Appears in 1 contract
Sources: Performance Service Contract