Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me With a provision that the full amount paid of $999.00USD is returned in a reasonable time frame(weeks from date reviewed)I have copies of the receipts if needed Regards, [redacted]
Service Systems, Inc. VIA E-MAIL *** *** Dispute Resolution Team Leader Revdex.com Euclid Ave., 4th Floor Cleveland, Ohio 44115-2408 September 14, 2016 In re: Revdex.com ID *** Dear Ms***: I appreciate the
opportunity to respond to a Complaint filed with the Revdex.comThank you for referring the matter to my attention. I've taken the opportunity to review the Customer's statement of the ComplaintI have further reviewed the information and data contained in the Company's recordsThis included the Customer's Extended Service Contract Application which the Customer personally signed, which in part states, -My signature means that I have reviewed and understand the time limitations, coverages, deductibles, exclusions and maintenance requirements." FurtherI have reviewed the terms of the Service Contract which the Customer received a copy of. I'm attaching for your review the back page of the Xtremegard Powersports Coverage brochureAs is clearly indicated on the back page of the brochure, "This brochure is only an outline of the Xtremegard Service Contract CoverageFor exact coveragesexclusions, and limitations, refer to the Xtremegard Service Contract booklet." The Complainant is correct in his statement that the wheel bearings on his vehicle are components listed under his Extended Service ContractThe coverage, as indicated in the brochure, is limited by exclusions and limitations contained in the Service Contract booklet. The specific limitation and/or exclusion for the coverage in this particular claim is found on Page 8, Item of the Contract bookletUnder the "What is Not Covered" in the Contract booklet, Item states: FAILURE caused by contamination of fluids, fuels, coolants or lubricants or resulting from rust, corrosion, carbon, varnish, engine sludge, foreign material or damaged c.vboots, nuts, bolts, fasteners and fittings(emphasis added) Specifically, rust and corrosion to a covered component is not covered if the failure is caused by rust or corrosionIn consultation with the repair facility, the Company's Claim Adjuster was advised that the cause of the wheel bearings and electrical failures was rust and corrosion. An in depth review of this claim by the Company's Claim's Department found that the Owner's Manual for the vehicle owned by the Complainant cautions the owner that excessive water pressure used on the vehicle may deteriorate wheel bearingsHere, the Customer in the statement of his Complaint indicatesdo power-wash this off-road vehicle when it is dirty Attached is a part of the Owner's Manual which cautions not to power wash the vehicle. The use of the power-wash on this vehicle is another basis to deny the ClaimUnder -What is Not Covered.- Item on Page of the Contract booklet states: Use of VEHICLE in a manner that is not recommended by the manufacturer or in a manner that the manufacturer advises not to use it. The Complainant admits, by the use of a power-wash, to have violated the terms of his service contract. Based upon my review of the Company file, Complainant's statement, and the facts underlying the Complaint, I cannot recommend a change to the Claim's Department's denial of the Claim. The Complainant has requested a cancellation of his Service ContractI'm attaching a copy of the Cancellation Request signed by the ComplainantThe Complainant has requested that the Company cancel his Contract and refund the full purchase price without pro-ration or administrative costAfter consultation with the Officers of the Company, this has been agreedThe cancellation will occur following a resolution of the Complaint filed with the Revdex.com and execution of a General Release by the Complainant. Again, thanks for the opportunity to respond. Very truly yours, Warren LU*** General Counsel /dat Attachments
ViA E-MAIL *** *** Dispute Resolution Team Leader Revdex.com Euclid Ave., 4th Floor Cleveland, Ohio 44115-2408 March 7, 2016 In re: Revdex.com Complaint ID *** Dear Ms***: Thank you for forwarding to ServiceGuard Systems, Inc
("ServiceGuard") the Complaint filed by a ServiceGuard Customer and the opportunity to respond and explain ServiceGuard's action in connection with the Complaint The matter of the Complaint was referred to the Legal Department for reviewI have had the opportunity to review the file and discuss the file with the Service Department of ServiceGuard. As part of the review process, I reviewed the Extended Service Contract Application, which clearly identified a Listed Component CoverageAs Listed Component Coverage applies to this claim, I reviewed the Service Contract, which clearly identifies those items which are Covered Components of the Complainant's motorcycle. As indicated on the Extended Service Contract Application signed by the Complainant, "My signature *** that I have reviewed and understand the time limitations, coverages, deductibles, exclusions and maintenance requirements." (emphasis added). The Customer's statement of the problem was that the shift forks are bentThe shift forks are not a Listed Covered Component under the Customer's ContractI'm attaching Page and 5A of the Customer's Contract which identifies "Covered Components" under the Customer's ContractThe shift forks are a part of the motorcycle's transmissionThe shift forks under the Transmission coverage on Page 5A are not identified as a Covered Component. The Customer Complainant was advised that the shift forks, which is the problem with his motorcycle, was not a Listed Covered Component, but as you can see from Page and 5A, there are many, many covered components under the Customer's ContractThe premium charged the Customer for listed component coverage is actuarially determined based on the items that are covered. I’m unable to recommend a different decision by the Service Department’s Adjuster that the Claim is not covered.There may be other issues regarding this claim which are not being considered in light of the clear contract language justifying the denial of the ClaimThe company is always open new information that has not been considered on the Claim.Again, thanks for the opportunity to respond.Very truly yours, Warren LU***General Counsel
ServiceGuard Systems, IncChagrin Blvd- Suite 100Moreland Hills, OH 44022June 4, 2015*** ***Dispute Resolution *** ***Revdex.comEuclid Ave, 4th FloorCleveland, OH 44115In re: Better Business Complaint ID ***Dear Ms***:Thank you for forwarding and providing
an opportunity to respond to Complaint ID ***.The Complainant spoke at length with the Manager of the Company's Service Contract DepartmentThe Manager was courteous at all times in explaining to the Complainant the specific contract language supporting the calculations of the refund made for the unearned portion of the cost of the extended service contract.The facts underlying the dispute are as follows:The Complainant purchased his Extended Service Contract on May 4, The Term of Coverage was months with the expiration of coverage on May 4, The Manufacturer's Warranty was for months with the Company's extended Service Contract for an additional months of coverageThe Term of Coverage was for a total of months and which covered items not included in the Manufacturer's WarrantyCertain benefits provided by the Company, in addition to what the Manufacturer covers, apply during the entire months of the ContractPursuant to the contractual provisions under CANCELLATION, page of the Service Contract, the Claimant is subject to “If YOU cancel after days or a claim has been ?led, a $fee will be charged and the unearned portion of the COST of this ESC will be refunded by the ISSUING DEALER to YOU based on the number of days remaining related to the original term.“ See the CANCELLATION provision contained in Complainant‘s Service Contract which is attached and marked Exhibit A. The Complainant's EXTENDED SERVICE CONTRACT APPLICATION, which is part of the terms of the Service Contract indicates a Tenn Coverage of Total Months. The Extended Service Contract began May 4, and would expire May 4, 2018. Based on the date of the Complainant’s request for cancellation, March 27, 2015, and the remaining term of Complainant’s contract, a pro-rata refund, less a $fee, of $was calculated and paid to ComplainantThe procedure followed the contract terms for cancellationThis procedure is followed universally in the industryThe Company's Extended Service Contract is months and not months as Complainant statesUnder IMPORTANT NOTICES, Item 9, contained in the Complainant's Service Contract it states "The term of this ESC varies based upon the time for which it is issuedThis service contract expires when the number of months from either the date of sale or when applicable, the actual in service date, reaches the number stated in the ‘Term of Coverage’ box on the APPLICATION." The “Term of Coverage” box on Complainant's Application indicates Total Months.Based on the facts stated above and the specific terms of the contract for the Extended Service Contract, the calculations process and the amount paid to Complainant are correct.If the Complainant has additional information, such information will be considered in evaluating the Complaint.Thank you for the opportunity to respond.Very truly yours, ,Warren LU***General Counsel
ServiceGuard Systems, Inc.July 9, 2015VIA E-MAIL*** ***Dispute Resolution *** ***Revdex.comEuclid Ave., 4th FloorCleveland, OH 44115In re: Better Business Complaint ID ***2nd ResponseDear Ms***:Thank you for forwarding the additional information provided by the Complainant in response to Complaint ID ***After reviewing the additional materials forwarded by the Complainant, the Extended Service Contract Application and XtremeGard comprehensive brochure, I believe that the additional materials confirm our original response; i.e., the calculation process and the amount paid to Complainant for the early termination of the Extended Service Contract are correct.The Application under Term of Coverage clearly indicates a 60-month contractAlthough it identifies a Manufacturer’s coverage and an XtremeGard coverage, the total term of coverage is months.The brochure forwarded by the Complainant makes it very clear that for the entire months of the Extended Service Contract there are significant coverages beyond that provided by the ManufacturerThose additional benefits during the months of coverage are specifically identified in the brochure.The Application, the contract booklet, and the brochure make it clear that there is a 60-month contract with benefits provided by the Manufacturer, ServiceGuard, and benefits beyond that provided by the Manufacturer.From a contractual standpoint, a 60-month contract existed and the prorations for the premiums charged were correct based on the 60-month contract.Again, I thank you for the opportunity to respond to the Complaint. Very truly yours,Warren LU***General Counsel
March 29, 2016 VIA E-MAIL *** *** Dispute Resolution Team Leader Revdex.com Euclid Ave., 4th Floor Cleveland, Ohio 44115-2408 In re: Further Response to Revdex.com Complaint ID *** Dear Ms***: This is a response to the Customer's comments dated March 28, 2016. As stated a number of times to the Customer directly and in response to the Revdex.com's correspondence, the shift forks are not a listed component of the contract purchased by the CustomerIt is not required to state what is not coveredPlease refer to pages and 5a of the Customer's contract which were Exhibits to the March 7, responseAt the top of page 5, in bold print it states: "COMPONENTS/ITEMS NOT LISTED BELOW ARE NOT COVERED." Simply, the Customer purchased "listed component coverage." The failure of the Customer's transmission was caused by bent shift forks; shift forks, as stated numerous times, are not covered. Under What is Not Covered, Item on page of the Customer's contract states: "Damage to covered components caused by or resulting from the FAILURE of a non-covered component or damage to non-covered components caused by or resulting from the FAILURE of a covered component." The Customer claims that his transmission contains a burned gearThe burned gear(s) is not a covered item, as covered components damaged by a non-covered component are not coveredAs pointed out to me by our Claims Adjuster, bent shift forks will generally result in other transmission components being damaged, thus resulting in no coverage. The Customer is entitled to arbitration as paragraph of the Customer's contract requires arbitrationPlease see the below language contained in the arbitration clause of the Customer's contract: "ARBITRATION: Any controversy or claim arising out of or relating to the ESC or the breach thereof shall be settled by binding arbitration administrated by the Revdex.comVenue for such arbitration shall be in Cleveland, OhioEach party shall bear its attorneys' fees, costs and expenses incurred in connection with the arbitrationJudgment on the award rendered by the arbitration panel may be entered in any court having jurisdiction thereof ." I look forward to the Revdex.com establishing an arbitration forum and arbitration date in Cleveland, Ohio. Thank you for your assistance. Very truly yours, Warren LU*** General Counsel
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. With a provision that the full amount paid of $999.00USD is returned in a reasonable time frame. (2 weeks from date reviewed). I have copies of the receipts if needed.
Regards,
[redacted]
This doesn't resolve the matter, and according to their contract it does not state shift forks which are located or housed inside the transaxle or transmission are not covered. The contract list what's not covered. Shift forks which are a moving component housed inside the transmission are not on that list and the repair shop stated there's a burned gear. Gears are a covered item are listed in the contract. This contract generalized as to what's covered and is not explicit as to what's not covered. So its the interpretation of the claims adjuster whether or not its a covered item. Nothing in the language of the contract stated this is not a covered item. I am asking for an arbitration hearing if the company refuses to do the right thing.
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me With a provision that the full amount paid of $999.00USD is returned in a reasonable time frame(weeks from date reviewed)I have copies of the receipts if needed Regards, [redacted]
Service Systems, Inc. VIA E-MAIL *** *** Dispute Resolution Team Leader Revdex.com Euclid Ave., 4th Floor Cleveland, Ohio 44115-2408 September 14, 2016 In re: Revdex.com ID *** Dear Ms***: I appreciate the
opportunity to respond to a Complaint filed with the Revdex.comThank you for referring the matter to my attention. I've taken the opportunity to review the Customer's statement of the ComplaintI have further reviewed the information and data contained in the Company's recordsThis included the Customer's Extended Service Contract Application which the Customer personally signed, which in part states, -My signature means that I have reviewed and understand the time limitations, coverages, deductibles, exclusions and maintenance requirements." FurtherI have reviewed the terms of the Service Contract which the Customer received a copy of. I'm attaching for your review the back page of the Xtremegard Powersports Coverage brochureAs is clearly indicated on the back page of the brochure, "This brochure is only an outline of the Xtremegard Service Contract CoverageFor exact coveragesexclusions, and limitations, refer to the Xtremegard Service Contract booklet." The Complainant is correct in his statement that the wheel bearings on his vehicle are components listed under his Extended Service ContractThe coverage, as indicated in the brochure, is limited by exclusions and limitations contained in the Service Contract booklet. The specific limitation and/or exclusion for the coverage in this particular claim is found on Page 8, Item of the Contract bookletUnder the "What is Not Covered" in the Contract booklet, Item states: FAILURE caused by contamination of fluids, fuels, coolants or lubricants or resulting from rust, corrosion, carbon, varnish, engine sludge, foreign material or damaged c.vboots, nuts, bolts, fasteners and fittings(emphasis added) Specifically, rust and corrosion to a covered component is not covered if the failure is caused by rust or corrosionIn consultation with the repair facility, the Company's Claim Adjuster was advised that the cause of the wheel bearings and electrical failures was rust and corrosion. An in depth review of this claim by the Company's Claim's Department found that the Owner's Manual for the vehicle owned by the Complainant cautions the owner that excessive water pressure used on the vehicle may deteriorate wheel bearingsHere, the Customer in the statement of his Complaint indicatesdo power-wash this off-road vehicle when it is dirty Attached is a part of the Owner's Manual which cautions not to power wash the vehicle. The use of the power-wash on this vehicle is another basis to deny the ClaimUnder -What is Not Covered.- Item on Page of the Contract booklet states: Use of VEHICLE in a manner that is not recommended by the manufacturer or in a manner that the manufacturer advises not to use it. The Complainant admits, by the use of a power-wash, to have violated the terms of his service contract. Based upon my review of the Company file, Complainant's statement, and the facts underlying the Complaint, I cannot recommend a change to the Claim's Department's denial of the Claim. The Complainant has requested a cancellation of his Service ContractI'm attaching a copy of the Cancellation Request signed by the ComplainantThe Complainant has requested that the Company cancel his Contract and refund the full purchase price without pro-ration or administrative costAfter consultation with the Officers of the Company, this has been agreedThe cancellation will occur following a resolution of the Complaint filed with the Revdex.com and execution of a General Release by the Complainant. Again, thanks for the opportunity to respond. Very truly yours, Warren LU*** General Counsel /dat Attachments
ViA E-MAIL *** *** Dispute Resolution Team Leader Revdex.com Euclid Ave., 4th Floor Cleveland, Ohio 44115-2408 March 7, 2016 In re: Revdex.com Complaint ID *** Dear Ms***: Thank you for forwarding to ServiceGuard Systems, Inc
("ServiceGuard") the Complaint filed by a ServiceGuard Customer and the opportunity to respond and explain ServiceGuard's action in connection with the Complaint The matter of the Complaint was referred to the Legal Department for reviewI have had the opportunity to review the file and discuss the file with the Service Department of ServiceGuard. As part of the review process, I reviewed the Extended Service Contract Application, which clearly identified a Listed Component CoverageAs Listed Component Coverage applies to this claim, I reviewed the Service Contract, which clearly identifies those items which are Covered Components of the Complainant's motorcycle. As indicated on the Extended Service Contract Application signed by the Complainant, "My signature *** that I have reviewed and understand the time limitations, coverages, deductibles, exclusions and maintenance requirements." (emphasis added). The Customer's statement of the problem was that the shift forks are bentThe shift forks are not a Listed Covered Component under the Customer's ContractI'm attaching Page and 5A of the Customer's Contract which identifies "Covered Components" under the Customer's ContractThe shift forks are a part of the motorcycle's transmissionThe shift forks under the Transmission coverage on Page 5A are not identified as a Covered Component. The Customer Complainant was advised that the shift forks, which is the problem with his motorcycle, was not a Listed Covered Component, but as you can see from Page and 5A, there are many, many covered components under the Customer's ContractThe premium charged the Customer for listed component coverage is actuarially determined based on the items that are covered. I’m unable to recommend a different decision by the Service Department’s Adjuster that the Claim is not covered.There may be other issues regarding this claim which are not being considered in light of the clear contract language justifying the denial of the ClaimThe company is always open new information that has not been considered on the Claim.Again, thanks for the opportunity to respond.Very truly yours, Warren LU***General Counsel
ServiceGuard Systems, IncChagrin Blvd- Suite 100Moreland Hills, OH 44022June 4, 2015*** ***Dispute Resolution *** ***Revdex.comEuclid Ave, 4th FloorCleveland, OH 44115In re: Better Business Complaint ID ***Dear Ms***:Thank you for forwarding and providing
an opportunity to respond to Complaint ID ***.The Complainant spoke at length with the Manager of the Company's Service Contract DepartmentThe Manager was courteous at all times in explaining to the Complainant the specific contract language supporting the calculations of the refund made for the unearned portion of the cost of the extended service contract.The facts underlying the dispute are as follows:The Complainant purchased his Extended Service Contract on May 4, The Term of Coverage was months with the expiration of coverage on May 4, The Manufacturer's Warranty was for months with the Company's extended Service Contract for an additional months of coverageThe Term of Coverage was for a total of months and which covered items not included in the Manufacturer's WarrantyCertain benefits provided by the Company, in addition to what the Manufacturer covers, apply during the entire months of the ContractPursuant to the contractual provisions under CANCELLATION, page of the Service Contract, the Claimant is subject to “If YOU cancel after days or a claim has been ?led, a $fee will be charged and the unearned portion of the COST of this ESC will be refunded by the ISSUING DEALER to YOU based on the number of days remaining related to the original term.“ See the CANCELLATION provision contained in Complainant‘s Service Contract which is attached and marked Exhibit A. The Complainant's EXTENDED SERVICE CONTRACT APPLICATION, which is part of the terms of the Service Contract indicates a Tenn Coverage of Total Months. The Extended Service Contract began May 4, and would expire May 4, 2018. Based on the date of the Complainant’s request for cancellation, March 27, 2015, and the remaining term of Complainant’s contract, a pro-rata refund, less a $fee, of $was calculated and paid to ComplainantThe procedure followed the contract terms for cancellationThis procedure is followed universally in the industryThe Company's Extended Service Contract is months and not months as Complainant statesUnder IMPORTANT NOTICES, Item 9, contained in the Complainant's Service Contract it states "The term of this ESC varies based upon the time for which it is issuedThis service contract expires when the number of months from either the date of sale or when applicable, the actual in service date, reaches the number stated in the ‘Term of Coverage’ box on the APPLICATION." The “Term of Coverage” box on Complainant's Application indicates Total Months.Based on the facts stated above and the specific terms of the contract for the Extended Service Contract, the calculations process and the amount paid to Complainant are correct.If the Complainant has additional information, such information will be considered in evaluating the Complaint.Thank you for the opportunity to respond.Very truly yours, ,Warren LU***General Counsel
ServiceGuard Systems, Inc.July 9, 2015VIA E-MAIL*** ***Dispute Resolution *** ***Revdex.comEuclid Ave., 4th FloorCleveland, OH 44115In re: Better Business Complaint ID ***2nd ResponseDear Ms***:Thank you for forwarding the additional information provided by the Complainant in response to Complaint ID ***After reviewing the additional materials forwarded by the Complainant, the Extended Service Contract Application and XtremeGard comprehensive brochure, I believe that the additional materials confirm our original response; i.e., the calculation process and the amount paid to Complainant for the early termination of the Extended Service Contract are correct.The Application under Term of Coverage clearly indicates a 60-month contractAlthough it identifies a Manufacturer’s coverage and an XtremeGard coverage, the total term of coverage is months.The brochure forwarded by the Complainant makes it very clear that for the entire months of the Extended Service Contract there are significant coverages beyond that provided by the ManufacturerThose additional benefits during the months of coverage are specifically identified in the brochure.The Application, the contract booklet, and the brochure make it clear that there is a 60-month contract with benefits provided by the Manufacturer, ServiceGuard, and benefits beyond that provided by the Manufacturer.From a contractual standpoint, a 60-month contract existed and the prorations for the premiums charged were correct based on the 60-month contract.Again, I thank you for the opportunity to respond to the Complaint. Very truly yours,Warren LU***General Counsel
March 29, 2016 VIA E-MAIL *** *** Dispute Resolution Team Leader Revdex.com Euclid Ave., 4th Floor Cleveland, Ohio 44115-2408 In re: Further Response to Revdex.com Complaint ID *** Dear Ms***: This is a response to the Customer's comments dated March 28, 2016. As stated a number of times to the Customer directly and in response to the Revdex.com's correspondence, the shift forks are not a listed component of the contract purchased by the CustomerIt is not required to state what is not coveredPlease refer to pages and 5a of the Customer's contract which were Exhibits to the March 7, responseAt the top of page 5, in bold print it states: "COMPONENTS/ITEMS NOT LISTED BELOW ARE NOT COVERED." Simply, the Customer purchased "listed component coverage." The failure of the Customer's transmission was caused by bent shift forks; shift forks, as stated numerous times, are not covered. Under What is Not Covered, Item on page of the Customer's contract states: "Damage to covered components caused by or resulting from the FAILURE of a non-covered component or damage to non-covered components caused by or resulting from the FAILURE of a covered component." The Customer claims that his transmission contains a burned gearThe burned gear(s) is not a covered item, as covered components damaged by a non-covered component are not coveredAs pointed out to me by our Claims Adjuster, bent shift forks will generally result in other transmission components being damaged, thus resulting in no coverage. The Customer is entitled to arbitration as paragraph of the Customer's contract requires arbitrationPlease see the below language contained in the arbitration clause of the Customer's contract: "ARBITRATION: Any controversy or claim arising out of or relating to the ESC or the breach thereof shall be settled by binding arbitration administrated by the Revdex.comVenue for such arbitration shall be in Cleveland, OhioEach party shall bear its attorneys' fees, costs and expenses incurred in connection with the arbitrationJudgment on the award rendered by the arbitration panel may be entered in any court having jurisdiction thereof ." I look forward to the Revdex.com establishing an arbitration forum and arbitration date in Cleveland, Ohio. Thank you for your assistance. Very truly yours, Warren LU*** General Counsel
[redacted] I can mail you the attch files
I can mail you a copy! It clearly stats 24 months manufactures (+) 36 months extended for a total 60 months [redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. With a provision that the full amount paid of $999.00USD is returned in a reasonable time frame. (2 weeks from date reviewed). I have copies of the receipts if needed.
Regards,
[redacted]
This doesn't resolve the matter, and according to their contract it does not state shift forks which are located or housed inside the transaxle or transmission are not covered. The contract list what's not covered. Shift forks which are a moving component housed inside the transmission are not on that list and the repair shop stated there's a burned gear. Gears are a covered item are listed in the contract. This contract generalized as to what's covered and is not explicit as to what's not covered. So its the interpretation of the claims adjuster whether or not its a covered item. Nothing in the language of the contract stated this is not a covered item. I am asking for an arbitration hearing if the company refuses to do the right thing.