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I am having a problem with an aftermarket extended warranty

contract on a vehicle. There...
I am having a problem with an aftermarket extended warranty contract on a vehicle. There is an item that has failed and they are saying it is not covered by their warranty. Specifically it's the radio - GPS touchscreen assembly.
The written warranty does not specifically include this item nor specifically exclude this item.
The only thing in the contract regarding the radio is as follows:
"PARTS NOT AUTHORIZED BY THE MANUFACTURER. SUCH PARTS INCLUDE BUT ARE
NOT LIMITED TO NON-FACTORY OR AFTERMARKET PERFORMANCE PARTS OR
EQUIPMENT, AND ANY NON-FACTORY TYPE OF SECURITY, STEREO, AUDIO,
TELEVISION, SATELLITE, TELEPHONE OR ENTERTAINMENT SYSTEM, EQUIPMENT OR
PART. "
I'm not certain but doesn't an automotive warranty have to specifically exclude an item for them to a good faith, deny coverage ? and this is a factory radio assembly.
I was looking at Civil Code 1794.4. (a)
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Answered in 11 minutes by:
10/11/2016
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 119,601
Experience: Attorney experienced in commercial litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, the warranty does not have to specifically exclude the item to deny coverage it can be a general exclusion. In general, if they are claiming that the built in GPS is not factory installed then they can exclude it under the provision you stated above. If you can prove it was a factory installed item, then that provision would not apply and they would have to have some more specific exclusion to fall under in order to properly deny coverage. If there is no other provision and the unit that is broken is factory installed then you would be able to pursue the claim under the Warranty Act by first contacting the CA Attorney General Consumer Protection Unit and they will attempt to mediate the claim. If they cannot successfully resolve the claim, then you would be able to sue the warranty company under breach of contract.
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 119,601
Experience: Attorney experienced in commercial litigation.
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Customer reply replied 1 year ago

Hello, I am looking to seriously pursue a claim against this Vehicle Service Contract company (VSC) and have read through their arbitration clause.

I won't go into detail here but, they not only denied my claim but they also called my business and told an employee that I was committing a fraud by filing a false claim, and made a bunch of other ridiculous threats and accusations. So, I intend to take them to small claims court , however, I'm not sure of the jurisdiction given their arbitration clause. I signed the contract online in California , and I recall one can waive jurisdiction. Also, is the binding arbitration clause binding ? especially in small claims? They claim

So, I intend to take them to small claims court , however, I'm not sure of the jurisdiction given their arbitration clause. I signed the contract online in California , and I recall one can waive jurisdiction. Also, is the binding arbitration clause binding ? especially in small claims? They claim

I signed the contract online in California , and I recall one can waive jurisdiction. Also, is the binding arbitration clause binding ? especially in small claims? They claim

Also, is the binding arbitration clause binding ? especially in small claims? They claim

They claim in their arbitration clause that Federal, and not State law will govern.

So, I intend to take them to small claims court , however, I'm not sure of the jurisdiction given their arbitration clause. I signed the contract online in California , and I recall one cannot waive jurisdiction. Also, is the binding arbitration clause binding ? especially in small claims? They claim Federal, and no state laws, will govern arbitration.

I am attaching their arbitration clause (redacted by choice ). I don't expect anyone to to do lenthy legal research to reply to this but , I am hoping on a jump start in researching my options. Again attached is the Arbitration clause.


YOU are reminded this service CONTRACT is not a contract or policy of insurance. However,


OUR obligations as the provider under this service CONTRACT are backed by the full faith


and credit of ASAP Warranty Services, the provider, located at:*****


Wilmington, DE 19801. If WE fail to settle YOUR claim within sixty (60) days after YOUR proof


of loss has been received by US, YOU are entitled to make a direct claim against the provider.

Customer reply replied 1 year ago

Hello, I am seriously looking to pursue a claim against this Vehicle Service Contract company (VSC) and have read through their arbitration clause.

I won't go into detail here, but, they not only denied my claim but they also called my business and told an employee that I committing a fraud by filing a false claim, and made a bunch of other ridiculous threats and accusations. (Just happens I own the shop )

So, I intend to take them to small claims court , however, I'm not sure of the jurisdiction given their arbitration clause. I signed the contract online in California , and I recall one cannot waive jurisdiction. Also, is the binding arbitration clause binding ? especially in small claims?

They claim in their arbitration clause that Federal, and not State law will govern , binding?

I am attaching their arbitration clause (redacted by choice ). I don't expect anyone to do any lengthy legal research, to reply to this but , I am hoping on getting a jump start in researching my options. Again attached is the Arbitration clause below!

Again attached is the Arbitration clause below! Any suggestions on a course of action would be appreciated

" The parties agree that any dispute, claim or controversy (a Dispute") that may arise out of or relate to this Contract in any manner, including but not limited to a claim by You for breach

of Contract, shall be resolved through binding Arbitration. Either party may make a written demand to the other party for Arbitration after we have attempted to resolve a Dispute through good faith negotiations for a period of 60 days.

Arbitration will take place before a single arbitrator who is mutually acceptable to both parties and holds a certification recognized by the courts in the jurisdiction where the

Arbitration will take place as to having been trained as an Arbitrator. If YOU and WE cannot agree, either side may ask a court of competent jurisdiction to select the arbitrator.

YOU may select the location of the Arbitration provided that it is in the County or the judicial

district that includes YOUR address listed in this Contract, or is in New Castle County, Delaware. WE may transfer the arbitration to New Castle County, Delaware provided that

the arbitration is conducted without the parties appearing in person.

The Federal Arbitration Act (the "FAA"), 91 U.S.C. 91 et seq. (and not any state or local laws) will govern the Arbitration. The decision of the Arbitrator will be final and binding on the parties, except for any right of appeal under the FAA. YOU understand and agree that because the parties have agreed to resolve disputes by

binding Arbitration, YOU do not have the right to go to court to resolve a Dispute. However, an Arbitration award may be entered in any court with jurisdiction over the other party.

In the event this Arbitration provision is not enforceable in YOUR state, the parties agree to waive and forever give up the right to a trial by jury, which means that in the event of a lawsuit between the parties, the Dispute will be decided by a judge alone.

CLASS ACTION WAIVER. YOU agree that any Arbitration or court proceeding involving a dispute will only consider and determine YOUR individual claims, and will not be conducted as a class action or on representative, basis, even if YOU are not a named party.

Thank you for your reply.

You cannot sue in small claims court if there is an arbitration clause I am afraid. You would have to file with the American Arbitration Association against them to seek to resolve this dispute if it gets that far.

That is why I said you need to file a complaint under the Manguson Moss Warranty Act with the Attorney General, as they can assist in mediation of warranty claims before you have to spend the time in going through arbitration.

If they have an arbitration clause, courts are very strict to enforce those arbitration clauses.
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