1. society
2. work
3. contracts

Registration Page
Contract Number
Coverage
Solace Care
Contract Holder Information
Contract Holder:
State:
Contract Holder:
Zip:
Address:
Home Phone:
City:
Cell Phone:
14100 58th Street North
888-965-1591
www.gosolace.com
[email protected]
mp
Clearwater, FL 33760
le
Seller Information
Solace
Vehicle Information
Year:
Make:
Model:
VIN:
Sa
SOLACE CARE CONTRACT Information
Contract Term (Months):
Contract Purchase Price:
Contract Sale Date:
Current Odometer:
Expiration Date:
All CONTRACT PLANS - coverage begins after your first payment is processed. This CONTRACT is backed by the
full faith and credit of United Service Contract Group LLC.
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 1
United Service Contract Group LLC
SOLACE CARE CONTRACT
DEFINITIONS
This CONTRACT contains words and phrases that have a particular meaning and appear
throughout this CONTRACT. This section defines the words that are used throughout the
CONTRACT.
WE, US, OUR, SERVICE PROVIDER and OBLIGOR refer to UNITED SERVICE CONTRACT GROUP LLC
(who is the party responsible to YOU for the benefits under this SOLACE CARE CONTRACT).
le
YOU, YOUR and CONTRACT HOLDER refer to YOU, the purchaser of this SOLACE CARE
CONTRACT, and the VEHICLE described in the REGISTERATION PAGE of this SOLACE CARE
CONTRACT.
mp
MECHANICAL BREAKDOWN, or BREAKDOWN, means the inability of any covered part(s) or
component(s) to perform the function(s) for which it was designed by the manufacturer
(when due to a defect in materials, workmanship or normal wear and tear).
SELLER means the entity where YOU purchased YOUR SOLACE CARE CONTRACT.
CONTRACT PURHCASE PRICE: means the consideration paid for a SOLACE CARE CONTRACT.
Sa
PURCHASE DATE or CONTRACT PURCHASE DATE: means the date the SOLACE CARE
CONTRACT was purchased from the SELLER.
ASE CERTIFIED and LICENSED REPAIR FACILITY: Refers to an automotive repair facility with a
valid Tax ID or EIN Number which is ASE Certified, Licensed and operating in compliance with
all city, state, and federal guidelines which regulate these facilities.
OEM: Original Equipment Manufacturer.
YOUR VEHICLE: Refers to an eligible VEHICLE described on the REGISTRATION PAGE that
is identified by the VEHICLE IDENTIFICATION NUMBER (VIN) of YOUR SOLACE CARE CONTRACT.
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 2
SOLACE CARE CONTRACT: The SOLACE CARE CONTRACT issued to YOU and covering YOUR
VEHICLE (detailed on the REGISTERATION PAGE of this SOLACE CARE CONTRACT).
CONTRACT
This SOLACE CARE CONTRACT is an agreement between YOU and UNITED SERVICE
CONTRACT GROUP LLC as defined under the DEFINITIONS SECTION of this CONTRACT. The
SELLER is not a party to this CONTRACT and has no obligation to YOU regarding the
benefits provided under this CONTRACT.
This SOLACE CARE CONTRACT provides coverage for YOUR VEHICLE for the said TERM stated on
the REGISTRATION PAGE. The EXPIRATION DATE is documented on the REGISTRATION PAGE.
le
TERMS AND CONDITIONS
mp
The benefits provided to YOU by US under this SOLACE CARE CONTRACT are backed by the full
faith and credit of UNITED SERVICE CONTRACT GROUP LLC located at: 4000 Hollywood
Boulevard, Suite 435-S, Hollywood, FL 33021. Their toll free telephone number is:
1-888-964-6806.
Sa
THIS SOLACE CARE CONTRACT IS SUBJECT TO THE FOLLOWING TERMS, CONDITIONS, LIMITATIONS,
EXTENSIONS, EXCEPTIONS AND DEFINITIONS. NO PERSON HAS THE AUTHORITY TO CHANGE THIS
CONTRACT OR TO WAIVE ANY OF ITS PROVISIONS. THIS CONTRACT IS FOR THE SOLE BENEFIT OF
THE PURCHASER NAMED HEREIN AND APPLIES ONLY TO THE VEHICLE DESCRIBED ON THE
REGISTRATION PAGE OF THIS CONTRACT.
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 3
OUR RESPONSIBLITIES
WE agree to make the payment to a licensed repair facility for the discounted cost of
repairing or replacing the parts, as well as the labor required for the completion of the
repair, due to a MECHANICAL BREAKDOWN. This payment will only be made to the repair
facility after YOU have agreed to the discounted price and made the payment to US in full. At
OUR election, the repair or replacement parts will be made with quality parts including new,
remanufactured, exchanged, non OEM, or serviceable used components that WE will warranty
for twelve (12) months and twelve thousand (12,000) miles.
le
YOU will be provided with a rental car while YOUR VEHICLE is repaired at the rate of up to
thirty dollars ($30.00) per day and up to a maximum of ninety dollars ($90.00) per
occurence. The rental car will be provided while YOUR VEHICLE is being repaired and until the
repair facility contacts OUR claims processing department to collect payment (once the
repair has been completed) and the VEHICLE is ready for pick up. The rental car must be
returned that same day for YOU to avoid any additional charges.
mp
YOUR RESPONSIBLITIES
Upon notice of a MECHANICAL BREAKDOWN or FAILURE, YOU must protect the VEHICLE from
any further damage. YOU are required to safely pull YOUR VEHICLE off of the road and shut
off the engine immediately (when the lights or gauges indicate a problem) and contact OUR 24
hour ROADSIDE ASSISTANCE program to get help and/or to have YOUR VEHICLE towed.
Sa
If YOU have a MECHANICAL BREAKDOWN or FAILURE, and YOU want to use the Repair
Assistance Program, YOU must contact US before any work is started on YOUR vehicle. IF
any work is started prior to contacting US, WE cannot guarantee any savings on YOUR repair.
YOU must have the repair facility contact our claims department before beginning the repair
work.
In order to determine the cause of the MECHANICAL BREAKDOWN with YOUR VEHICLE, the
repair facility may need to perform a diagnostic test or tear down of said components. The
labor hours of the diagnosis and/or the tear down will require YOUR authorization.
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 4
ROADSIDE ASSISTANCE COVERAGE
CALL 1-888-965-1579
YOU will be protected by OUR Roadside Assistance Program for the full term of this
CONTRACT. Roadside Assistance benefits include: Jump Starting YOUR VEHICLE, Lock Out
Service, Flat Tire Change, VEHICLE Fluid Delivery, Concierge Service (Courtesy phone
assistance with up to three (3) calls), and towing services. YOU are responsible for the cost
of the VEHICLE's gas or other fluids as well as any necessary key cutting.
Sa
mp
le
All Roadside Assistance services are available 24 hours a day, 365 days a year. The
maximum amount that will be paid out for any one occurrence is ONE HUNDRED DOLLARS
($100.00). Only calls to OUR toll free number will be honored by this CONTRACT and only
non-accident related incidents are covered by this ROADSIDE ASSISTANCE COVERAGE.
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 5
THE PROCESS OF FILING FOR A DISCOUNTED REPAIR
Call 1-888-964-6806
YOU must call OUR Claims Department prior to giving an authorization to the repair facility
and before having any services performed under YOUR CONTRACT. IF any repair work is
started prior to contacting US, WE cannot guarantee any savings on YOUR repair. YOU must
have the repair facility contact our Claims Department before beginning the repair work.
1. Use all reasonable means to protect YOUR VEHICLE from any further damage. This may
require YOU to stop driving YOUR VEHICLE, pull off to a safe area of the road and contact
OUR Roadside Assistance Department to have YOUR VEHICLE towed.
le
2. Take YOUR VEHICLE to a licensed repair facility – YOU can contact OUR Claims
Department for assistance in locating a repair facility in YOUR local area.
mp
3. Present the licensed repair facility with the card from YOUR policy book (that has OUR
Claims Department's telephone number and YOUR contract number on it) and instruct
them to call US. They MUST obtain an approval number from OUR Claims Department
prior to proceeding with any repairs.
4. In some cases, YOU may be required to authorize the repair facility to inspect or tear
down YOUR VEHICLE to determine the cause and the cost of the repair. YOU will be
responsible for these charges (whether you go with the discounted repair or not).
Sa
5. After the Claims Advisor has been contacted, WE recommend that YOU review the
discounted repair estimate of YOUR vehicle.
6. WE will pay the repair facility directly for YOUR repairs after we have received YOUR full
payment for the discounted repair.
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 6
EMERGENCY REPAIRS
For a simple repair (which is any repair requiring two (2) hours or less of labor time to
complete), it is still recommended that you contact US first (so we can get the best possible
discount on your repair).
TERRITORY: This SOLACE CARE CONTRACT applies only to a MECHANICAL BREAKDOWN or
FAILURE which occurs within the United States of America or Canada.
le
CONTRACT PERIOD: This SOLACE CARE CONTRACT becomes effective once your first
payment has been processed.
COMMERCIAL VEHICLES
Sa
mp
This CONTRACT is available for commercial VEHICLES not rated over one ton capacity (13,600
GVW) and where the appropriate surcharge is paid at the time of the SOLACE CARE CONTRACT
purchase. Acceptable commercial applications are as follows: DELIVERY, MESSENGER, ROUTE
SALES or SERVICES, INSPECTIONS/EXAMINATIONS, MAINTENANCE or REPAIR, GARDENING,
CARRYING HAND TOOLS to the job site, FARMING or RANCHING.
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 7
REPAIR FACILITY GUIDELINES FOR GETTING A DISCOUTNED REPAIR
Follow these steps when handling a claim:
1. Advise the REGISTERED OWNER that an evaluation of a failure does not mean that the repair
can be discounted. Call US before you take the vehicle to the repair facility.
2. Have the REGISTERED OWNER authorize the inspection and/or a tear down of the VEHICLE
to determine the cause of a failure and the cost of the repair. Have the repair facility fax
US the repair estimate and/or work order. Save all components (including fluids and
filters) should OUR Claims Advisor require an outside inspection.
le
3. Determine the cause of the failure and provide a complete work order showing the parts
that have failed, the cost of each part and the number of hours required to install the new
parts. Please fax or email the complete work order to our Claims Advisor.
mp
4. Review the Claims Advisor's findings with the REGISTERED OWNER.
5. Obtain the REGISTERED OWNER’S authorization to complete the repairs. All repair orders
must have the REGISTERED OWNER’S signature to qualify for payment.
Sa
6. Submit the repair order(s), which must contain the SOLACE CARE CONTRACT NUMBER,
VEHICLE IDENTIFICATION NUMBER, authorization number and the authorized amount, to US
within thirty (30) days at the following address: UNITED SERVICE CONTRACT GROUP LLC,
4000 Hollywood Boulevard, Suite 435-S, Hollywood, FL 33021. Our Telephone Number is:
888-965-1591.
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 8
CONTRACT PROVISIONS
COVERAGE: The coverage YOU have on YOUR VEHICLE is determined by the COVERAGE TYPE
shown on the REGISTRATION PAGE.
After YOU receive any benefits under this contract, WE are entitled to all of YOUR rights of
recovery against ANY manufacturer, repair facility or any other party that is responsible to
YOU, for the costs covered by this CONTRACT and for any payment made by US. If WE ask,
YOU agree to help US enforce these rights (unless this contract has been transferred - as
provided in the transfer section of this SOLACE CARE CONTRACT).
mp
le
SUBROGATION: YOU agree that WE, after honoring a claim on YOUR CONTRACT, have all rights
of subrogation against those who may be responsible for YOUR MECHANICAL BREAKDOWN or
FAILURE. YOU shall do whatever is necessary to secure such rights. YOU shall do nothing to
prejudice such rights, and YOU shall execute and deliver to US all instruments and papers
required to either secure or maintain such rights. All amounts recovered by YOU for which
YOU were previously reimbursed under YOUR CONTRACT shall become OUR property, or the
property of OUR designee, and shall be forwarded to US by YOU (up to the total amount paid
by US under YOUR CONTRACT).
Sa
This SOLACE CARE CONTRACT will terminate when YOU sell YOUR VEHICLE (unless transferred
by using OUR transfer procedure that is provided in the “Transfer Section”) or when this
contract is cancelled (as outlined in the Cancellation Section).
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 9
CANCELLATION
If YOU are the original CONTRACT PURCHASER, or this CONTRACT was transferred to YOU and
YOU are currently making payments for this CONTRACT to a PARTICIPATING LENDER, YOU may
cancel this CONTRACT by contacting US, by phone, and providing US with the following
information/documentation:
a. An affidavit verifying the mileage at the time YOU are sending the CANCEL REQUEST FORM.
b. If a lien has been paid, you must supply a discharge of lien from the lien holder.
c. If repossessed, you must supply a copy of the repossession documents.
d. If totaled, you must supply a copy of the insurance company verification of loss along with
a statement at the time of loss.
mp
le
THIRTY (30) DAY FREE LOOK: In the event that YOU would like to cancel this CONTRACT
within the first thirty (30) days, YOU are entitled to a full refund (UNLESS you have utilized
any services of the CONTRACT within the first thirty (30) days). After the THIRTY (30)
DAY FREE LOOK period, the CONTRACT may be cancelled with a twenty-five dollar ($25.00)
cancellation fee for processing.
WE will cancel this SOLACE CARE CONTRACT only for nonpayment of the CONTRACT PURCHASE
PRICE, a material misrepresentation by YOU to US, or a substantial breach of duties by YOU
relating to the covered VEHICLE under this contract or its use.
Sa
CONTRACT COVERAGE RENEWAL FEATURE: YOUR SOLACE CARE CONTRACT may be
renewed at OUR option, for continuous twelve-month (12) terms, at the then prevailing
renewal rate. Contact US at least forty-five (45) days prior to the expiration of YOUR
SOLACE CARE CONTRACT for additional details.
For your convenience, if your policy is renewed, you payments will continue to be processed
using the same credit/debit card that is on file.
SLC111714 V1.0
SOLACE CARE CONTRACT <Contract Number> 10
ARBITRATION AND DISPUTE RESOLUTION
Sa
mp
le
Unresolved disputes between YOU and US concerning this SOLACE CARE CONTRACT will be
subject to non-binding arbitration. Under this arbitration provision, YOU have not given up
YOUR right to resolve ANY dispute(s) arising from this agreement by a judge or jury. In
arbitration, a group of three (3) arbitrators (each of whom is an independent, neutral third
party) will give a decision (after hearing YOUR and OUR positions). The decision of a majority
of the arbitrators will determine the outcome of the arbitration. However, the decision of
the arbitrators will not be binding and may be reviewed or changed by, or appealed to, a
court of law. To start arbitration, either YOU or WE must make a written demand to the
other party for arbitration. This demand must be made within six (6) months from the time
the dispute arose. YOU and WE will each pay the expense of the arbitrator selected by that
party. The expenses of the umpire will be shared equally by YOU and US. Unless otherwise
agreed to by YOU and US, the arbitration will take place in YOUR County and State. The
arbitration shall govern all matters arising out of, or relating to, this SOLACE CARE
CONTRACT, and all transactions contemplated by this SOLACE CARE CONTRACT, including
without limitation, the validity, interpretation, construction, performance and enforcement of
this SOLACE CARE CONTRACT.
SLC111714 V1.0
SOLACE CARE CONTRACT
<Contract Number> 11
Payment Plan
Unites Service Contract Group
Name:
Address:
City:
State/Zip:
Home Phone:
Cell Phone:
Email:
Purchaser
<firstname><lastname>
<address>
<city>
<state/zip>
<homephone>
<cellphone>
<email>
Seller Information
le
Telephone:
888-965-1591
www.gosolace.com
[email protected]
mp
Solace
14100 58th Street N
Clearwater, FL
33760
Payment Plan Terms
All dollar amounts are in U.S dollars
Total Sales Price:
<customerprice>
Down Payment:
<downpayment>
Balance of Sales Price:
<balanceofsaleprice>
<numberofmonthsfinanced>
Payment Amount:
(Balance of Sales Price divided by
Number of payments)
Payment Date:
(Each Month)
Final Payment Date:
(Date of Last
Payment)
<monthlypaymentamounts>
Sa
Number of Payments:
PA.01.02012014
<paymentduemonthly>
<finalpaymentdate>
United Service Contract Group LLC
12
This Payment Plan Agreement (“Agreement”) is between the Purchaser and United Service
Contract Group (“United Service Contract Group”). The Purchaser has purchased a Solace
Care contract (“Contract”) from the Seller. This Agreement is entered into to enable the
Purchaser to pay the Contract pursuant to an installment payment program.
Contract:
Contract No.:
Administrator:
<coverage>
<contractnumber>
United Service Contract Group
le
Refer to the Contract for the terms and conditions regarding the Contract. In
Consideration of the Purchaser being afforded the opportunity to pay for the Contract
under the installment payment program, the Purchaser and United Service Contract Group
acknowledge and agree as follows:
mp
The Purchaser has paid to the Seller, in cash, the down payment disclosed under “Payment
Plan Terms” towards the Total Sales Price of the Contract. The Balance of Sales Price
shall be paid by the Purchaser to United Service Contract Group. Subject to the
Cancellation provisions on Page 4 hereof, the Purchaser promises to pay United Service
Contract Group the Balance of Sales Price in accordance with the payment method
selected by the Purchaser from the options set forth below.
Payment Option 1 - Authorization for Credit Card Payment
Sa
The Balance of Sales Price may be paid by the Purchaser through, and the Purchaser
hereby authorizes United Service Contract Group to make, the applicable number of
consecutive monthly charges to the Purchaser’s credit card account listed below, in the
amounts and on the dates disclosed under the Payment Plan Terms, until such time as
the Balance of Sales Price, together with the applicable charges described on page 4
hereof (the “Applicable Charges”), are fully paid, or until such time as United Service
Contract Group has received a written notification of termination (“Credit Card Payment
Termination Notice”) from the Purchaser in time to allow reasonable opportunity to act
on it.
<expdate>
Expiration Date (MM/YY)
<typeofcc>
Type of Card
(MC, Visa, Amex, Discover)
I authorize charges to my credit card account for payment of the Balance of Sales Price
together with all Applicable Charges in Accordance with this Agreement.
<ccnumberlast4>
Credit Card Number
PA.01.02012014
United Service Contract Group LLC
13
Payment Option 2 Authorization for Bank Account Direct Debit
The Balance of Sales Price may be paid by the Purchaser through, and Purchaser
hereby authorizes United Service Contract Group to instruct Purchaser’s financial
institution described below to make the applicable number of consecutive monthly
payments in the amounts and on the dates disclosed under Payment Plan Terms,
from the account listed below, by electronic automatic debit of Purchaser’s checking
or savings account.
Checking
Savings
<aba>
Routing Number
<acctnumber>
Account Number
mp
<bankname>
Bank Name
le
This authority will remain in effect until such time as the Balance of Sales Price, together
with all applicable Charges, are fully paid, or until such time as United Service Contract
Group has received a written notification of termination (“Bank Account Direct Debit
Termination Notice”) from the Purchaser in time to allow reasonable opportunity to act
on it.
Sa
I authorize charges to my direct deposit account for payment of the Balance of Sales Price
together with all Applicable Charges in Accordance with this Agreement.
Payment Option 3 - Monthly Bill
The Balance of Sales Price may be paid directly by the Purchaser in accordance with
the Payment Plan Terms listed above. The Purchaser shall receive a monthly bill and
shall make payment on or before the Payment Date of each consecutive month until the
Balance of Sales Price, together with all Applicable Charges, are fully paid, or until
such time as United Service Contract Group has received a written notification of
termination (“Monthly Bill Termination Notice”) from the Purchaser. The Purchaser
shall send such payments to United Service Contract Group at such address as United
Service Contract Group provides to the Purchaser.
PA.01.02012014
United Service Contract Group LLC
14
mp
le
The Purchaser shall have the right, at any time, to cancel the Contract by providing written
notice to United Service Contract Group (“Termination Notice”) or Non Payment. The
Purchaser shall have no obligation to make any installment payments after cancellation. The
Purchaser will be Subject to the Cancellation provisions on Page 4 hereof, unless United
Service Contract Group previously received a Bill Termination Notice. (i) a late payment fee
may be imposed in the amount of the lesser of 5% of the late payment, or $5.00, in respect to
any payment not received by United Service Contract Group within five days of the scheduled
Payment Date therefore (the “Late Charge”), and (ii) in the event that any scheduled payment
is not made on or before the scheduled Payment Date, as provided in the Payment Plan Terms
above, United Service Contract Group is authorized by the Purchaser (without notice thereof
to the Purchaser) to direct the Administrator or the Seller to cancel the Purchaser’s Contract,
and this Agreement, at any time, for nonpayment. The Purchaser hereby assigns to United
Service Contract Group all of the Purchaser’s right, title and interest in and to the Contract,
including the Purchaser’s right to cancel the Contract, or to receive all unearned and/or all
refund amounts under the Contract. The Purchaser represents to United Service Contract
Group that the Purchaser’s decision to purchase the Contract from the Seller, under the
payment program, did not result in the Seller charging the Purchaser a different Total Sales
Price for the Contract than the Purchaser would have paid if the Purchaser had decided
instead to pay the purchase price of the Contract in full at the time this Agreement was
executed. The content and format of this Agreement have been adopted to provide the
Purchaser with important information in a clear and familiar form, and their use does not
imply that any particular federal or state law relating to lending or installment sales is
applicable to this Agreement or the Transaction it contemplates.
If you fail to make any payment when due, your contract will be subject to cancellation.
Sa
By signing below, I agree that I have had the opportunity to review, accept, and
correct any errors contained in this Agreement.
☒ This Agreement sets forth the terms and conditions of the payment plan
authorized by Purchaser by the phone or other electronic means.
<customer signature>
Purchaser
<purchasedate>
Date
PA.01.02012014
<salesperson>
Seller, Authorized Signer
<purchasedate>
Date
United Service Contract Group LLC
15
PROMISE TO PAY: In consideration of the sale of the Contract to the Purchaser the Purchaser
promises to pay United Service Contract Group the Balance of Sales Price and all Applicable
Charges shown under Payment Plan Terms, subject to the provisions of this Agreement. The
Purchaser shall not have any right to reduce any amount owed to the Administrator pursuant
to this Agreement for any reason whatsoever.
le
CANCELLATION: The Purchaser has the right to cancel this Agreement at any time. The
Purchaser may cancel this agreement at any time by (i) electing not to make the next
payment due pursuant to this Agreement or (ii) sending United Service Contract Group a
Termination Notice. In the event that (a) The Purchaser elects not to make the next
payment due pursuant to this Agreement, (b) United Service Contract Group received a
Termination Notice or (c) an Event of Default occurs hereunder, United Service Contract
Group may cancel the Contract and this Agreement. After the effective date of Cancellation,
the Purchaser shall have no further obligation to make installments under this Agreement.
IMPORTANT:
Sa
mp
Cancelling this Agreement does not immediately cancel your Contract; it only cancels your
payment plan. Coverage under your Contract will eventually be cancelled (In accordance with
the terms of this Agreement) based on your nonpayment. However, you should contact the
Seller or the Administrator in order to immediately cancel your Contract. The Purchaser
hereby assigns to United Service Contract Group all of the Purchaser’s rights, title and
interest in and to the Contract, including the Purchaser’s right to receive all unearned and
return amounts and to assert any rights to reinstate the Contract and all proceeds thereof. In
the event that the Purchaser has made total payments to United Service Contract Group in
excess of the portion of the Total Sales Price plus Applicable Charges earned through the date
of cancellation, the Administrator or the Seller shall refund the amount of such excess to the
Purchaser.
POWER OF ATTORNEY: Following any default hereunder, and subject to the Cancellation
provisions above, the Purchaser hereby irrevocable appoints United Service Contract Group
as its true and lawful attorney-in-fact, only for the limited purposes related to this
Agreement set forth in the following sentence until all amounts payable hereunder are paid in
full. United Service Contract Group shall have full power under this power of attorney to (i)
cancel the Contract, (ii) receive, demand, collect or sue for any amounts relating to the
Contract, (iii) endorse or execute in the Purchaser’s name all checks issued and all other
documents or instruments relating to the Contract, and (iv) take such other actions as are
reasonably necessary to further the purposes of this Agreement.
PA.01.02012014
United Service Contract Group LLC
16
APPLICABLE CHARGES: If any payment due hereunder is more than five days late, and except as
prohibited by applicable law, the Purchaser agrees to pay the Administrator the Late Charge.
Nothing herein shall be considered to waive any default hereunder or to grant any grace period
with respect to any default for failure to make any payment on the Payment Date.
Notwithstanding anything herein to the contrary, in the event that any scheduled payment is
not made on or before the Payment Date, United Service Contract Group may, in its sole
discretion, cancel the Contract and this Agreement at any time for nonpayment. Except as
prohibited by applicable law, the Purchaser agrees to pay to United Service Contract Group (i)
a fee of $25.00 for each check or each debit that is dishonored by the Purchaser’s bank and
(ii) a fee of $25.00 for each credit card chargeback. The Purchaser consents to the payment
of all of the Applicable Charges in accordance with the Payment Option selected.
DEFAULT PAYMENT OPTION: If the Purchaser fails to select a Payment Option, the Purchaser
shall be deemed to have selected Payment Option 3.
le
PREPAYMENT: Purchaser shall have the right to prepay the entire unpaid Balance of Sales
Price at any time, without penalty or discount.
Sa
mp
DEFAULT: If (i) the Purchaser fails to make any payment due hereunder or comply with any
other provision hereof, (ii) the Purchaser becomes the subject of any voluntary or involuntary
bankruptcy proceedings, (iii) the Purchaser has a receiver or trustee appointed for it or its
property, or (iv) the Purchaser makes an assignment for the benefit of his/her creditors or
admits in writing that he/she is unable to pay his/her debts as they become due, an “Event of
Default” shall be deemed to have occurred. Upon the occurrence of an Event of Default, United
Service Contract Group shall have the right to take such actions as are available to United
Service Contract Group at law or in equity. United Service Contract Group shall be entitled to
reimbursement for reasonable attorneys’ fees and costs in enforcing United Service Contract
Group’s rights hereunder.
RELEASE: The Purchaser hereby releases and discharges United Service Contract Group from
any liability for damages with respect to any action taken following an Event of Default by the
Purchaser and shall indemnify and hold United Service Contract Group harmless from any
liabilities, claims, damages or causes of action in connection with any such action by United
Service Contract Group.
PAYMENT AFTER CANCELLATION: Any payment made by the Purchaser after the effective date
of cancellation (or after a notice of cancellation is mailed to the Purchaser) will not result in a
reinstatement of the Contract but will be applied to the Purchaser’s outstanding obligations, if
any, under this Agreement. Neither the acceptance nor the application of any such payments
shall constitute an undertaking by United Service Contract Group to take steps to attempt to
reinstate such Contract or constitute a waiver of any Event of Default hereunder.
PA.01.02012014
United Service Contract Group LLC
17
le
ACCEPTANCE, RATIFICATION, ACCURACY: This Agreement shall be effective upon the mailing, to
the Purchaser, by United Service Contract Group, of its acceptance of this Agreement. The
Purchaser agrees that United Service Contract Group shall have the authority to revise this
Agreement, or to insert any provision omitted (including but not limited to the due date of the
first installment) upon written notice to the Purchaser. In addition, if the total payments due
hereunder are increased due to underwriting considerations, United Service Contract Group
shall have the right, upon receipt of the Purchaser’s written authorization, to revise dollar
amounts on the face of this Agreement. Any change by the Purchaser (by way of deletion,
modification, supplementation or otherwise), to the preprinted portion of this Agreement,
shall render the Agreement voidable, at United Service Contract Group’s option.
ASSIGNMENT: United Service Contract Group may, with or without notice to the Purchaser,
assign or pledge its rights, title and interest in, to and under this Agreement and the power
of attorney herein described. Upon written notice from any such assignee, the Purchaser
shall make all payments to such assignee without defense, offset or counterclaim.
Sa
mp
WAIVERS, REMEDIES, ENTIRE AGREEMENT: United Service Contract Group’s failure to require
strict performance of any provision hereof, or to exercise any of it rights hereunder, shall
not be construed as a waiver or relinquishment of any future right under such provision, but
the provision shall continue and remain in full force and effect. The exercise of any rights or
remedies by United Service Contract Group under this Agreement is cumulative and shall not
preclude United Service Contract Group from exercising any other right or remedy it may
have hereunder or at law. Each provision hereof shall be interpreted in such manner as to be
effective and valid under applicable law. If any provision hereof is held to be unenforceable
or invalid under applicable law, the unenforceability or invalidity of such provision shall not
impair the validity or enforceability of the remaining provisions hereof. Time is of the
essence in this Agreement.
MANDATORY ARBITRATION: United Service Contract Group and Purchaser mutually agree that
(i) any one of them has the right to elect to resolve by binding arbitration: any claim, dispute
or controversy (whether in contract, tort or otherwise, whether pre-existing, present or
future, and including statutory, common law, intentional tort, and equitable claims) arising
from or relating to this Agreement or the Contract; (ii) if arbitration is chosen, it will be for
equitable claims, arising from, or relating to, this Agreement or the Contract; (ii) if arbitration
is chosen, it will be conducted with the American Arbitration Association (the “AAA”) pursuant
the AAA’s Commercial Arbitration Rules; (iii) there shall be no authority for any claims to be
arbitrated on a class action basis; (iv) an arbitration can only decide United Service Contract
Group’s or the Purchaser’s claim(s) and may not consolidate or join the claims of other
persons who may have similar claims; (v) any such arbitration hearing will take place in the
city of Clearwater, county of Pinellas, state of Florida; (vi) the Purchaser hereby waives any
PA.01.02012014
United Service Contract Group LLC
18
le
obligation which it may now or hereafter have based on venue and/or forum non
convenes of any such arbitration; and (vii) This Agreement is made pursuant to a
transaction involving interstate commerce, and shall be governed by the Federal
Arbitration Act.
GOVERNING LAW AND VENUE: This agreement shall be governed and construed in accordance
with the laws of the State of Florida without regard to applicable conflict of law principals.
The Purchaser hereby unconditionally and irrevocably waives any claim to assert that the
law of any other jurisdiction governs this agreement or the Contract. Any legal suit, action
or proceeding against United Service Contract Group arising out of or relating to the
agreement or the Contract may only be instituted in Federal or State court in the City of
Clearwater, County of Pinellas, and the State of Florida. The Purchaser hereby waives any
objection which it may now or hereafter have based on venue and/or forum non convenes of
any such suit, action or proceeding and the Purchaser hereby irrevocably submits to the
jurisdiction of any such court in any such suit.
Sa
mp
WAIVER OF CLASS ACTION: The Purchaser hereby waives any right to bring any legal action or
proceeding with respect to this agreement, the Contract or any matter arising in connection
therewith on a class action basis. Waiver of jury demand: The Purchaser hereby agrees not to
elect a trial by jury of any issue triable of right by jury with regard to this agreement, the
Contract or any other action arising in connection therewith. United Service Contract Group is
hereby authorized to file a copy of this paragraph in any proceeding.
PA.01.02012014
United Service Contract Group LLC
19