Other
Definitions
Throughout this guarantee, the words "you"
and "your" refer to the owner. Words displayed in bold are defined as
follows:
Administrator means Interstate National
Dealer Services. You may contact the administrator if you have questions
regarding this guarantee. The administrator can be reached by phone at
1-888-661-9410 or by mail to 6120 Powers Ferry Road NW, Suite 200,
Atlanta, GA 30339.
Assessed value means the appraised value in
dollars of your trade-in as determined by your participating
dealership.
Customer benefit notice means a notice that
will be provided to you by the administrator within 30 days after your
trade-in transaction is
completed.
Damage repair cost means the dollar cost to
repair all purchased vehicle damage that is a result of an accident.
These repairs include, but are not limited to, those necessary to return
the purchased vehicle to a pre-accident condition, including repairs to
exterior sheet metal and plastic components, and to vehicle safety
systems, including air bag, seat belt and bumper system components. All
repairs must be made with Hyundai parts where
available.
Eligible trade-in period means 24 months or
more after the guarantee effective date and up to the end of the 48th
month after the guarantee effective
date.
Excess wear cost means the dollar cost to
repair the purchased vehicle (1) for damage to the purchased vehicle
that is not the result of normal wear based on Hyundai Motor America's
standards for normal use, or (2) to maintain safe operation of the
purchased vehicle. These repairs include, but are not limited to, those
necessary to repair or replace: (a) tires which are unmatched, unsafe,
or have less than 1/8 inch of remaining tread in any place; (b)
electrical or mechanical defects or malfunctions; (c) glass, paint, body
panel, trim or grill work that is broken, mismatched, chipped,
scratched, pitted, cracked, or if applicable, dented or rusted; (d)
interior rips, stains, burns, or worn areas; and (e) all damage that
would be covered by collision or comprehensive insurance whether or not
such insurance is actually in force. All repairs must be made with
Hyundai parts where
available.
Excess mileage cost means mileage in excess
of 15,000 miles per year, for the time between your guarantee effective
date and your trade-in date, multiplied by 20 cents ($0.20) per
mile.
Hyundai dealership means any Hyundai motor
vehicle dealership located in the United
States.
Owner means the person to whom the
purchased vehicle was originally
registered.
Participating dealership means a Hyundai
dealership that has agreed to participate in the trade-in value
guarantee program through which this guarantee is
provided.
Trade-in, trading-in, or traded-in means
that your purchased vehicle is purchased by a participating dealership
in conjunction with your purchase of a new Hyundai motor
vehicle.
Trade-in date means the date that you
transfer ownership of your purchased vehicle to the participating
dealership that is accepting it as your
trade-in.
Qualifications for a Benefit under this
Guarantee
You must satisfy each of the following
requirements to qualify for a
benefit:
You must trade-in your purchased vehicle on
the purchase of a new Hyundai motor vehicle at a participating
dealership during the eligible trade-in
period.
Your adjusted trade-in value guarantee must exceed the
assessed value of your purchased vehicle provided to you by your
participating dealership.
You must provide proof of your ownership of
the purchased vehicle on the trade-in
date.
The purchase of your new Hyundai vehicle must be financed by
Hyundai Motor Finance. This guarantee does not assure that you will
qualify for a loan from Hyundai Motor Finance, and no benefit is
available under this guarantee if you do not qualify for a loan from
Hyundai Motor Finance.
You must provide proof that all scheduled
maintenance has been performed at a Hyundai dealership prior to your
trade-in date. The Hyundai dealership that sold you the purchased
vehicle will maintain records of the maintenance that it performs. For
other Hyundai dealerships, you are responsible for retaining all
maintenance and repair
records.
Termination/Expiration of
Guarantee
This guarantee terminates/expires on the
earliest date on which any of these events
occur:
A benefit is provided under this
guarantee.
Ownership of the purchased vehicle is transferred through a
sale.
The purchased vehicle is traded in without you purchasing a
new Hyundai motor vehicle from a participating
dealership.
The purchased vehicle is stolen and is not
recovered.
The purchased vehicle is repossessed by a
lender.
The purchased vehicle is deemed a total loss by your primary
automobile insurance
provider.
The purchased vehicle is used (a) for competitive driving or
racing, (b) for police or emergency use, (c) principally for off-road
use or snow removal use, (d) for carriage of passengers for hire, (e)
for commercial delivery, service or repair use, (f) for rental purposes,
or (g) for towing of a trailer or another vehicle unless the purchased
vehicle is equipped for this activity as recommended by
Hyundai.
The purchased vehicle is driven when the oil warning light
or the temperature warning light is not
functioning.
The customer benefit notice is altered in
any way.
Death of the
owner.
Not Transferable
You may not assign or transfer this
guarantee at any time. The rights under this guarantee are not
transferable to any subsequent purchaser or any other person or entity
to which the purchased vehicle is conveyed by operation of law or
otherwise.
Applicable
Laws
The laws of the state in which you buy the
purchased vehicle (without giving effect to its conflict of law
principles) govern all matters arising out of or relating to this
guarantee and all transactions contemplated by this guarantee,
including, without limitation, the validity, interpretation,
construction, performance and enforcement of this
guarantee.
Dispute Resolution by Binding
Arbitration
This guarantee requires binding arbitration
if there is an unresolved dispute between you and Hyundai Motor America
concerning the guarantee. By accepting this guarantee, you waive your
right to have a judge and/or jury resolve any dispute arising from this
guarantee. You also waive your right to participate as a class
representative or class member in any class action litigation, any class
arbitration, or any consolidation of individual
arbitrations.
Arbitration shall be governed by the
Federal Arbitration Act (9 U.S.C.A. § 1 et seq.) and not by any state
law concerning arbitration. The rules of the American Arbitration
Association (www.adr.org) will apply to any arbitration under this
guarantee.
No arbitration shall be brought to recover
under this guarantee prior to the expiration of sixty (60) days after
all required documents have been provided to the participating
dealership in accordance with the requirements of this guarantee. A
demand for arbitration by a party must be made within one year of the
earlier of (1) the date the disputed event occurred, or (2) the date the
dispute arose.
To commence arbitration, either party must
make a written demand to the other party for arbitration. Each party
shall separately select an arbitrator. The two arbitrators will then
select an independent third arbitrator, called an
"umpire."
Unless otherwise agreed upon by the
parties, the arbitration will take place in the county and state in
which you live. In arbitration, the arbitrators will hear both parties'
positions. The decision of a majority of the arbitrators will determine
the outcome of the arbitration. The decision of the arbitrators shall be
final and binding and cannot be reviewed or changed by, or appealed to,
a court of law. Each party will pay the expense of the arbitrator
selected by that party. The expense of the umpire will be shared equally
by the two parties.