January 24th, 2018 Revdex.com Serving Delaware 60 Reads Way New Castle, De 19702 [redacted] This is being written in response to a complaint # [redacted] that is listed. Our contract, of which the customer is provided a copy at the time of purchase, clearly states eligibility requirements of any vehicle under warranty. A warranty purchased from Delaware Auto Exchange stipulates that : “Any claim filed within the first 500 miles of the sale of the vehicle may be considered preexisiting”. This claim was made 178 miles after the vehicles purchase. However, as APW always tries to do, we went above and beyond the limits of liability we are legally responsible for, and agreed to pay for a 1 year warranted transmission, or a transmission rebuild of his original transmission, omitting the customers $500 contribution made towards the total cost of repairs. This was being done out of courtesy under Paragraph 7. Paragraph 7 Waiver If APW should waive any right or make any exception under this contract, it shall not mean APW will waive that right or make that exception in the future. In the event APW makes a reasonable allowance or makes an exception for an allowance towards a non-covered part or unauthorized claim APW at any time during the contract period reserves the right to cancel the contract. The original courtesy of not cancelling the contract and denying the claim due to preexisting conditions, was only added to. As of right now, due to that repair not properly being performed by the repair facility and at no fault of APW’s, another courtesy Form 50 is submitted to the APW underwriters in order to now have $200.00 of the $500.00 that was paid for the repair by the customer, reimbursed to him by us. We believe at this time that a resolution to this complaint has been found and is in the process of being implemented. Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International
[redacted]
Dear Complaint Department, This letter is in regard to a concern that was issued against APW International by Mr. [redacted] on 05/08/2017 and was assigned and ID of 1[redacted] Mr. [redacted] was informed, in regard to his 2005 Nissan Maxima (contract # 191054), that due to prior claims being...
opened and those repairs to the vehicle being completed, that he had nearly reached his limits of liability for the contract which originated as a $1500.00, and currently had approximately $400.00 left available. However, Mr. [redacted] was notified that APW would speak with the company’s underwriters to file a Form 50 under Paragraph 7 in the contract to attempt to get an extended allowance authorized, or a blanket endorsement, in order to allow more funds to be disbursed towards his third and final claim, or to have the ABS Control Module, that the vehicle was diagnosed as needing, to be replaced and paid for. The module unit is estimated at a minimum cost of $1200.00. Paragraph 5: Limits on liability The total claim benefits we are liable for: “Maximum total payout” means the total claim benefits for which APW shall be liable for the full term of this contract.Maximum total payouts: 3 months/4500 miles: maximum total payout $1,000 6 months/7500 miles: maximum total payout $1,200 1 year/15,000 miles and 2 year 35,000 miles: maximum total payout $1,500 year/45,000 miles, 4 year/70,000 miles and 5 year/90,000 miles: maximum total payout $2,000 Paragraph 7: Waiver If APW should waive any right or make any exception under this contract, it shall not mean APW will waive that right or make that exception in the future.In the event APW makes a reasonable allowance or makes an exception for an allowance towards a non-covered part or unauthorized claim APW at any time during the contract period reserves the right to cancel the contract. The APW Operations Manager has since, communicated via telephone with Mr. [redacted] and has alleviated any issues or concerns that Mr. [redacted] had, prior to this concern being published. Mr. [redacted] is now appreciative of the efforts being made and it is our opinion that the matter has been handled appropriately. We ask that this comment be updated as per your standard procedures. Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International [redacted] 1000 N. West St. Suite 1400, Brandywine Building, Wilmington, DE 19801
concern: 06/07/2016 Complaint ID Number: [redacted] APW Contract Number: [redacted] Dear Mrs. [redacted], Thank you for providing us with the information regarding the complaint filed regarding this 2004 Ford Explorer. However, APW Int’l had reasons for denying this claim, and cancelling the contract for one, or more of the following reasons that are inBold: Proper claim procedures were not followed (Paragraph4) Repairs requested were not covered components (Paragraph2) Contract expired Due to mileage (Paragraph8) Part did not suffer a complete mechanical breakdown or failure (Paragraph1, SectionA) Failure was a result of improper care of vehicle or improper repairs (Paragraph3), SectionsF, andH) Damage was result of accident, fire, flood, theft, rust or other means (Paragraph3, SectionI) Vehicle was altered without regard to manufacturer suggestions (Paragraph3, SectionJ) Repairs done without a prior authorization and an issuance of an authorization number by APW (Paragraph3), SectionA) Claim was filed within the first 300 miles of the sale of the vehicle which is considered preexisting problem with vehicle (Front of contract) There is misrepresentation of contract information on a claim (Paragraph8, SectionC) 12/15/2016 – The warranty was opened with receipt of payment 12/21/2015 – Claims Department spoke with The Customer, at 2:51 P.M. The customer stated that there was a shaking in the front end, and once brakes are applied there is also a check engine light with a code for a transmission solenoid. As Per Paragraph 2 of the warranty contract, Solenoids are not covered. On this date the customer stated that his current mileage was: 180,480. Due to the customer’s initial mileage being 180271 it was established that the customer had only driven 209 miles. The front of the contract states: “Any claim filed within first 300 miles of the sale of vehicle may be considered preexisting.” The customer was referred to Fred’s Auto Service. 12/29/2015 – Claims Department spoke to Fred’s Auto Service. The vehicle had a code P0193. This indicates a problem with a gas tank pressure sensor, and a code P0775 which indicates an issue with the transmission Cylinder B. As per the repair facility, the transmission had not suffered a complete breakdown. APW does not offer replacement for a part if there is a gradual reduction in performance, as per Paragraph 1 of the Warranty contract. Paragraph 1 states: 1. This is a limited warranty. During the specified term, if any of the specified components incurs a mechanical breakdown brought about by normal operation of the vehicle or ordinary wear and tear, APW will repair or replace the covered component with parts of like quality. At APW’s discretion these parts may be recycled, exchanged, used, or rebuilt. APW shall not be liable for failure to match exactly the type of replacement part(s) NOTE: Contract holder has the option to pay for a new or rebuilt part(s) during the claim period EXAMPLE: In the event the contract holder’s vehicle has a failure or breakdown with a covered component; if the vehicle has 120,000 miles on the odometer, APW may replace the covered part with another recycled or used 120,000-mile part comparable. Note: All 3-month and/or 6-month contracts with failed engines or transmissions will only be given an allowance for a used engine or transmission. A. Mechanical Breakdown means the inability of any covered component(s) to perform the function(s) for which it’s designed due to defects in material or workmanship. The manufacturer has established tolerances for the purposes of defining failure and serviceability. When specifications exceed these manufacturers these manufacturer’s tolerances a failure or mechanical breakdown will be considered to occur. Mechanical breakdown does not include the gradual reduction in operating performance where a failure has occurred. B. APW may make a reasonable allowance toward the repair C. Labor costs are limited to the current Chilton flat rate labor guide at rates within accepted industry standards D. Deductable: the undersigned shall be responsible for $75 deductable of first $500, $100 deductable for $501 and over. This is per each covered component per each breakdown. The components in question are not covered under Paragraph 2 of the warranty. Paragraph 2 states: 2. Examples of some items and services not eligible for coverage are, but not limited to: brake drums, rotors, pads, spark plugs, and wires, wiring harness and fuse box or fuses: manual transmission slave drive cylinder, clutch, bearing, linkage; electronic transmission module, sensors, switches or solenoids, belts, hoses, clamps, battery, tires, wheels and wheel covers, shocks and struts, exhaust system, catalytic converter, PCV slave EGR valve, throttle body assembly, seat belt and air bag(s) and assembly, oil and fluid leaks, A/C “0” rings, evacuation and recharge, Freon, converting A/C system; cooling fan relay, excessive oil consumption, any carbon build up; fuel injector or fuel injector systems: axle bearing or hubs: electrical or hydraulic suspension system: motor or transmission mounts: engine tune up: maintenance services: valve seals, Valve guides, piston rings, front and rear main seals. 12/29/2015 – Claims Department spoke with The Customer and assured him that the estimate was in the evaluation stage. 2/11/2016 – Claims Department spoke with The Customer, regarding the claim denial letter he had received. He stated that if he cannot have his vehicle repaired, he would like to have his policy terminated, and requested a refund. The customer was informed that there is a policy in place regarding procedures for a refund, which includes prorating the refund, a cancellation fee, and the fact that APW only provides refunds through the selling dealership. This is established in Paragraph 10 of the warranty contract. This only happens if the vehicle is repossessed or deemed a total loss. Paragraph 10 states: 10. Cancellation Should be vehicle be repossessed or deemed a total loss, APW shall provide a prorated refund to the named dealer. The refund shall be based on the greater elapsed time or mileage from the contract sale date or mileage minus and claims less a $50 fee. Unless specified differently under individual state requirements. The Customer then stated that he gave incorrect mileage at the time of filing the claim. He then stated that the current mileage was actually 180,500 miles. He insisted that with this mileage he had reached the required mileage limits. Again due to the initial mileage of the contract (180271) he had only reached 229 miles. This is still 71 miles short of the 300 mile requirement. Due to The customer stating one mileage, then another in an effort to have his claim approved, there is reason to believe that there was conscious misrepresentation regarding this claim. This is a violation as per Paragraph 8 of the service contract. Paragraph 8 says: 8. Contract term This contract begins on the contract sale date and contract sale mileage ends when vehicle reaches: a. The sum of the contract sale date plus contract term date or the sum of the contract sale mileage plus contract term mileage whichever comes first b. Contract automatically terminates if vehicle is on consignment or is no longer in personal use c. Contract automatically terminates with a discovery of any misrepresentation on this contract or any claim during the contract period. d. Contract must be sold at time of vehicle sale and delivery. Any contract sold after the sale date will be automatically subject to a 1,000 mile exclusion period during which APW shall not be liable for repairs. 3/1/2016 – Claims Department spoke with The Customer who stated that he is waiting for his refund. He inquired as to when he would receive it. Claims Department informed The Customer that due to the warranty contract, the only way he would be receiving a refund would be with approval from the Underwriting Department as an exception under Paragraph 7 of the warranty contract. Paragraph 7 states: 7. Waiver a. If APW should waive any right or make any exception under this contract, it shall not mean APW will waive that right or make that exception in the future. b. In the event APW makes a reasonable allowance or makes an exception for an allowance towards a non-covered part or unauthorized claim APW at any time during the contract period reserves the right to cancel the contract. The customer was informed that if approved, or when more information was available he would be contacted. At this time, the Claims Department has filed another Form 50 in an effort to have funds released to this customer. There were no promises made as to whether or not it would be approved. Any and all exceptions made are due to the loss ratio in the region at the time that the forms are filed. Claims Department has made attempts, however due to this claim having multiple reasons for denial; the underwriting department is giving a bit of resistance. For more specific information regarding your claim request or any questions you may have, feel free to contact the Claims Department at(855) 999-5494. It is the dispute resolution panels’ responsibility to act on behalf of Automotive Performance Warranty International to ensure that the company pays for legitimate mechanical breakdowns (see paragraph 1, A) as well as protect the company from fraudulent claims. At this time, the dispute resolution panel has decided to support the claims departments request to deny your claim. If you feel that this decision was made in error and should be amended, please refer under terms and conditions toParagraph 11. MANDATORY BINDING ARBITRATION CLAUSE. Please read section A and section B Carefully. Please see also,Paragraph 12. 11. MANDITORY BINDING ARBITRATION CLAUSE: READ CAREFULLY A. BY SIGNING THIS WARRANTY AGREEMENT YOU HEREBY AGREE TO RESOLVE ANY AND ALL CLAIMS AND/OR DISPUTES ARISING FROM OR OTHERWISE CONCERNING THIS WARRANTY AGREEMENT, INCLUDING WHETHER SUCH DISPUTE OR CLAIM IS ARBITRABLE, BY SUBMISSION OF SUCH CLAIM OR DISPUTE TO MANDATORY BINDING ARBITRATION. B. The arbitration proceedings discussed in subparagraph (A) above shall be venued in Wilmington, Delaware and shall be conducted under the Commercial Arbitration Rules of the American Arbitration Rules of the American Arbitration Association in effect at the time a demand for arbitration of the rules was made. A decision and awarded of the arbitrator made under the said rules shall be exclusive, final and binding on both parties and their heirs, executors, administrators, successors, and assigns. The cost and expense of the arbitration shall be borne evenly by parties. Each party shall bear the costs of its own legal representation. 12. Choice of law All terms and conditions of this contract shall be interpreted under the laws of the State of Delaware, with regard to any principles of conflicts of law. To the full extent permissible by law each paragraph of the Arbitration Clause and the agreement as a whole shall be interpreted so as to be effective and valid. If any provision is held to be prohibited, invalid, or unenforceable however, such provision shall be ineffective only to the extent of such prohibition, invalidity, or unenforceability without invalidation any other provision or paragraph of the Agreement and without invalidating the agreement as a whole. Sincerely, [redacted]
APW spoke with Mr. [redacted] today 12/8/15 at 1:05 PM. APW informed Mr. [redacted] the department just received his check from the investment team and will be sending it from our office to the customer tomorrow. Customer thanked APW and that ended the call.
[redacted] This is being written in response to a complaint # [redacted] that is listed. Our contract of which the customer is provided a copy at the time of purchase, clearly states proper claim procedures (paragraph 4) of any vehicle under our warranty. Paragraph 4 Claim Procedure: In the...
event of a mechanical breakdown use all reasonable means to prevent further damage by operation. Phone [redacted] you will be directed to one of our authorized repair centers for an estimate. Calls will be answered between 9am-5pm Monday thru Thursday and 9am-4:30pm Friday. A twenty-four hour answering service will provide instructions when the office is closed. After receiving the estimate you may opt to take the vehicle to the repair facility of your choice. Do not agree to any repairs until you or the repair facility has received and authorization number from APW. Contact us and provide the nature of the breakdown parts and labor estimate. We will then issue an authorization number for the covered repair. This authorization number must appear on the invoice(s) you submit to us along with Facility name, address, and phone number Your name, address and phone number Vehicle year, make, model, VIN number and current mileage Breakdown of repair – parts and labor No claim will be honored without an authorization number All repairs or diagnostics must be performed by an ASE certified shop with Federal Tax ID number and shop must be fully assured and bonded. Note: APW reserves the right to inspect all vehicles prior to the repair. Failure to follow claim procedure for the purpose of estimating and/or mileage tracking may, or will result in cancellation of contract by APW. Before contacting APW as standard procedure, the customer took their vehicle to a Pep Boys located in Newark DE to have a diagnostic performed. The customer then contacted our Claims Department to open a claim for coverage. The customer already had an estimate that was summated to the Claims Department from Pep Boys, and after review of the claim, the claim was denied and the contract was cancelled based on the violation of Paragraph 4. The refund that this customer speaks of was requested, however, deemed undeserved and non-existent due to their documented and clear agreement to the terms of the APW contract. Our records show that we attempted numerous times to contact the customer in regard to the claim denial, contract cancellation, and refusal of requested refund. Methods of contact which include telephone calls, text messages, and a typed letter sent via certified mail. We apologize for any inconvenience caused by this misunderstanding. Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International [redacted]
Dear [redacted] The customer contacted the claims department. Our Claims specialist spoke with the customer and explained that there is a problem in terms of coverage with the transfer case being cracked. This is after a previous claim being paid out already on the same contract. The claims...
department informed the customer that underwriting usually denies those claims due to the fact that someone almost always has hit something and therefore is not covered under our warranty. The claims apartment also informed the customer that we are exercising paragraph 7 of our waiver clause to help them through the claim procedure as a courtesy due to our relationship with Major Motors, the dealer from which he purchased the vehicle. Customer was informed the courtesy was granted, however it being a courtesy, may take a while. We then submitted a Form 50 to the underwriters to ask for courtesy in extending the limits of liability for the contract seeing as how the replacement unit was almost $1200 while still being done as a courtesy. The claims department farther explained the limits of liability and that the underwriters would calculate what the remainder of the limits of liability after purchase of the replacement unit and customer’s deductible. 1. Limits on liability A. The total claim benefits we are liable for: “Maximum total payout” means the total claim benefits for which APW shall be liable for the full term of this contract. Maximum total payouts: 3 months/4500 miles: maximum total payout $1,000 6 months/7500 miles: maximum total payout $1,200 1 year/15,000 miles and 2 year 35,000 miles: maximum total payout $1,500 3 year/45,000 miles, 4 year/70,000 miles and 5 year/90,000 miles: maximum total payout $2,000 The customer was informed that the Claims Department is working with the underwriters to possibly provide another courtesy to reimburse $225 for the total that was paid in labor and installation of the transfer case totaling 677.60. This is the balance remaining in regard to the limit of the policy after the customer’s deductible of $100.00. The oversight on the customers $225 was due to an authorization number and release code missing from the file and also the fact that courtesies are more susceptible to this mishap being that they are although important, not priority in comparison with other claims that APW is legally and financially responsible, and because of this are kept separate. However, as of June 27th 2017, a WSFS check ending in 5556, sent in the amount of $225.00 was cashed by the customer. We hope that this is helpful in your determinations in this matter. Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International [redacted]
10/23/17, Customer was directed to Fred's Auto Service for a diagnostic of an over heating issue. The repair facility provided an estimate for the replacement of the Intake Gasket do to coolant leakage that was approved by the Claims Department. The repair facility began repairs and discovered that...
the Intake Gaskets had been recently replaced with an upgraded design. The repair facility at that point was unsure if the leak was coming from the Intake Gasket and believed that it is likely the Head Gasket leaking. The Claims Department had recently approved a claim for the replacement of the Head gaskets at Dover Auto Repair. Fred's Auto Service was requested to re install the Intake Manifold so that the vehicle can be relocated to Dover Auto Repair to warranty the work.Fred's Auto Service was delayed in installing the Intake Manifold. The Claims Department requested a Tow Service to pick the vehicle up to transport to Dover Auto Repair do to the delay of Fred's Auto Service installing the Intake Manifold so that the vehicle could be driven to Dover Auto Repair. The customer was spoken to by the Claims Department in regards to the repair of the vehicle and the delay caused by the repair facility. The customer was informed that do to the delay and inconvenience, a courtesy under Paragraph 7 would be offed to provide the customer with a rental reimbursement under the contract of the maximum payout of $120. This is done as a courtesy under Paragraph 7 do to covered repair not exceeding the 15 hour flat rate repair time as stated on the contract. The Claims Department will also provide a courtesy under Paragraph 7 to waive the customer's deductible for the repair. Only 2 claims have been opened for this customer with the Claims Department directing the customer to a repair facility only on the second claim. All other repairs have been handled threw the selling dealer.
In reference to this complaint automotive performance warranty was called by the finance company and instructed not to send out any money on this claim. We were called directly by American finance in reference to this customer and asked the details of the claim. In which we informed the finance...
company that the customer violated paragraph 4 title claim procedure which constituted cancellation of the contract. The customer was informed that the inspector found a cracked hole in the block. That does not happen unless there is some sort of abuse or improper repair performed on the vehicle. Automotive performance warranty they'd contact our underwriters to see if there was anything that we could do other are paragraph 7 waiver clause to help the customer due to the fact that he is an Outright auto sales customer and that this is an American finance deal. Which they been granted us an $800 allowance towards the purchase of the engine. Our claims department also got increased an additional $100. After speaking to [redacted] and the concerned parties at American finance we are waiting on a decision on which is the next step through the finance company. [redacted]
December 22, 2016 [redacted]
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[redacted] [redacted] Dear Complaint Department, This letter is to respond to a complaint issued by Mr. J[redacted] on...
December 16, 2016 regarding a complaint about coverage for a transmission issue. Our underwriters have decided not to allow his request for a new transmission per our policies as outlined in our contract. A copy of our contract is enclosed for your reference. The initial claim was reported to us on June 20, 2016 at 130,226 miles which was 12,143 miles and 10 months from original purchase from dealership. Mr. [redacted]’s contact was valid until he reached 133,083 or August 4, 2016 – whichever came first. Our qualified repair facility checked the vehicle and recommended a transmission fluid change because they thought it would resolve the issues and this repair were authorized. At that time, the shop advised Mr. [redacted] to return with vehicle if he was still having issues with transmission. Prior to the issues reported in June 2016 he drove an estimated 1,214 per month. If Mr. [redacted] continued to drive the vehicle in the same manner, we estimate that he would have reached 2000 miles within the contract period and not the 4 months as he stated in his complaint. Mr. [redacted] did not adhere to the contact he signed with the limits on mileage and dates clearly listed. Also, at no time did Mr. [redacted] contact us to discuss any issues or concerns in the months following the transmission fluid change. APW make decisions based on the advice of our qualified repair shops and the decision to do a transmission fluid change instead of an entirely new transmission is standard practice for most repair shops and based on a cost saving initiative by our organization. We are unable to extend Mr. [redacted]’s contract or authorize a new transmission on an issue reported several months after the end of a contract. This decision is based on the terms listed on the back of our contract, specifically Paragraph 8 regarding contract terms. Additionally, we do not provide refunds to customers on contacts per Paragraph 10 which states that refunds are only issued if vehicle deemed total loss or repossessed and the prorated payout would be to the dealership that sold the contract. It is our opinion that the matter was handled appropriately on our end and that Mr. [redacted] had ample time to report any ongoing issues prior to the end of contract with additional concerns. We ask that this comment be removed or updated as per your standard procedures since we believe it to harmful to our reputation. Please contact us with any additional questions. Sincerely,Claims Department,APW International [redacted]
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Attached is the cancellation
and claim denial letter. As stated on the back of the signed contract and also
this document the customer violated "Claims Procedure" under Terms
and Conditions in Paragraph 4 which states the “customer must call APW to be
directed to one of our authorized repair...
centers”. Also APW attempted to return
the repair shops phone call multiple times who previously called on the
customers behalf. The calls were being transferred and no one would pick up
there for APW would have to leave a message for a call back. After APW finally
got into contact with the repair shop, APW received the estimate from the
repair facility. After reviewing the estimate the only covered component(s)
listed were the Upper Control Arm. Other parts listed were wiper blades, axel
barring seal, break shoe kit, snap ring, and other non covered items. These are
all considered maintenance issues. The customer states there is a $2,800.00
bill the repair facility listed as covered components but on the estimate APW
received it doesn't show or state a price of total repairs. Attached will also
be the estimate APW received from the repair facility.
This is being written in response to a complaint # [redacted] that is listed. Our contract of which the customer is provided a copy at the time of purchase, clearly states proper claim procedures (paragraph 4) of any vehicle under our warranty. Paragraph 4 Claim Procedure: In the event of a mechanical breakdown use all reasonable means to prevent further damage by operation. Phone [redacted] you will be directed to one of our authorized repair centers for an estimate. Calls will be answered between 9am-5pm Monday thru Thursday and 9am-4:30pm Friday. A twenty-four hour answering service will provide instructions when the office is closed. After receiving the estimate you may opt to take the vehicle to the repair facility of your choice. Do not agree to any repairs until you or the repair facility has received and authorization number from APW. Contact us and provide the nature of the breakdown parts and labor estimate. We will then issue an authorization number for the covered repair. This authorization number must appear on the invoice(s) you submit to us along with Facility name, address, and phone number Your name, address and phone number Vehicle year, make, model, VIN number and current mileage Breakdown of repair – parts and labor No claim will be honored without an authorization number All repairs or diagnostics must be performed by an ASE certified shop with Federal Tax ID number and shop must be fully assured and bonded. Note: APW reserves the right to inspect all vehicles prior to the repair. Failure to follow claim procedure for the purpose of estimating and/or mileage tracking may, or will result in cancellation of contract by APW. Before contacting APW as standard procedure, the customer took their vehicle to Newport Auto, as referred to by the DMV, to have a diagnostic performed. The customer then contacted our Claims Department to open a claim for coverage. We then informed the customer, of the parameters of the contract and of the violation thereof. Out of courtesy, we did not deny or cancel the contract and instead made sure it was understood an authorized repair facility was required. Paragraph 7 Waiver: If APW should waive any right or make any exception under this contract, it shall not mean APW will waive that right or make that exception in the future. In the event APW makes a reasonable allowance or makes an exception for an allowance towards a non-covered part or unauthorized claim APW at any time during the contract period reserves the right to cancel the contract. It was found that the claim made was not a covered component under the contract. We then received a call stating that the customer’s battery would not stay charged and that the thought was that it was the alternator. Because of this the customer was unable to retrieve the mileage that is needed in order to open up a claim. So under paragraph 7, we extended another courtesy and opened the claim anyway. It was found at this diagnostic that it was the ABS module of the vehicle that needed to be replaced and that it was a fire hazard. Customer was then informed that the previous repair facility was not willing to do the further repair due to the fire hazard. The customer was then notified that he needed to have the vehicle towed to the Nissan dealership in order for a diagnostic to be done on the vehicle. Customer was told that a tow to this facility would possibly be reimbursed under paragraph 7, if granted by underwriters. Nissan found during their diagnostic that not only was there a hole in the ABS module, but also the gaskets, valve cover, and motor mouth was also in need or being replaced. Due to previous repairs already being paid out in claim, the remaining limits of liability were not enough to cover the over $1200 part. So again, we submitted another Form 50 to the underwriters to ask for courtesy in extending the limits of liability for the contract. Limits on liability The total claim benefits we are liable for: “Maximum total payout” means the total claim benefits for which APW shall be liable for the full term of this contract. Maximum total payouts: 3 months/4500 miles: maximum total payout $1,000 6 months/7500 miles: maximum total payout $1,200 1 year/15,000 miles and 2 year 35,000 miles: maximum total payout $1,500 3 year/45,000 miles, 4 year/70,000 miles and 5 year/90,000 miles: maximum total payout $2,000 After working to get this granted, we then sent three different checks to the customer in the Amount of $400.00. (WSFS checking account # *6587). We take accountability in the fact that the third of those checks was later than what was expected, however, we do hold priority to our contract holders that are not being granted numerous courtesies and have do our due diligence in doing so. Our Operations Manager personally met with this customer to not only rectify this dissatisfaction, but extend our apologies for any inconvenience by disbursing to him a one-time $300.00 check. The APW Operations Manager has since, communicated via telephone with Mr. [redacted] and has alleviated any issues or concerns that Mr. [redacted] had. This is also obvious in the great review that the customer added to Google Maps Reviews since this complaints publication. [redacted] 1 review ????? a month ago [redacted] is the man! He delivers Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International
[redacted]
77173 - [redacted] 11/23/2015 APW was contacted regarding this claim. The customer had paid $450 for the radiator. This shop never contacted APW, or received an authorization number from APW. 11/24/2015 :Claims Department spoke to the customers spouse (Mario) at 10:21 AM. ...
The customer never contacted APW to open a claim, and therefore never received an authorization number. The customer had previously taken the vehicle to an unauthorized repair facility (Juniors Auto (violation of paragraph 4 section 2) . The customer proceeded to have repairs done to the vehicle without prior authorization (violation of paragraph 4 section 2 and 3). The components repaired on a vehicle are an oxygen sensor, catalytic converter (both non-covered components under paragraph 1) and a radiator. The customer was directed to M&C Auto Repair (paragraph 6 section D) to have the vehicle inspected to determine the stated repairs have been made to the vehicle. Claims department was contacted by M&C Auto Repair. They stated that it appeared that something had been done, but could not verify all of the work. The radiator seemed to be replaced, however there is no way to confirm this. Due to the customer not following claim procedures as per the contract, they violated their contract, which left APW with no choice but to deny their claim, and cancel the contract. The Claims department has contacted the underwriting department in an attempt to have funds released toward this claim, however due to the customer breaching contract, they have not yet come to a decision whether to assist the customer with this claim. Once a decision is reached, the customer will be contacted, as per APW Policy.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below. The offer was of no type of repair to be completed by them even though I stated my concerns that the fluid change would not remedy the issue at the time. It fixed it for roughly 2 thousand miles before it returned and I called them and they said it was to late to do anything. If I would have taken it back with no shudder at 1000 they would have also told me nithing was wrong. All I want them to do is fix the issue for which it was originally brought to them for.
APW was initially contacted by Mr. [redacted] on 1/13/2016 to make a claim. The contract was originally provided to him on august 20th 2015 by the selling dealer Payless auto sales in Millsboro DE. He informed APW that he could not afford to pay the diagnostics fees at that time, so he...
decided to wait until 1/26/2016 to go to a shop for diagnostics. He then went for diagnostics at Tony Hudsons garage. APW has agreed to pay for everything that is covered under the contract. This includes the radiator and water pump as well as thermostat. There were never any claims or implications made by APW regarding this warranty being bumper to bumper. The customer was misinformed by the selling dealer. Also, customer must read and understand all terms and conditions of the contract at the time of delivery of the vehicle. They were misguided, and did not understand what was on the contract. APW even supplied the parts for the mechanic to fix the vehicle, and they were sent to the repair facility that APW referred them to. APW works diligently with the clients in an effort to fulfill all obligations as per our contracts. The dealership where the client purchased the vehicle and warranty is currently under new management or closed at this time. The previous management may or may not have misguided the client, however the obligations of APW are clearly written into the contract. There are items not covered by the comprehensive warranty offered by APW, and it is the obligation of the client to cover those costs. APW informs the clients that they are not required or mandated to fix the uncovered components at that time or with our authorized repair facilities. That is clearly stated under our terms and conditions of paragraph 6 section C. Titled Undersigned cooperation. On 1/13/2016 a representative from the claims department first explained the terms and conditions of the contract to the client’s caregiver ([redacted]). She stated that she understood at that current time. On 2/8/2016 the clients caregiver called again, and was once again explained what is covered under the warranty. She was directed to read the contracts terms and conditions including those on the reverse side. It was explained that anything that is not eligible for coverage is listed under examples of paragraph 2, which states that “there are items and services which are but not limited to…” which gives a detailed breakdown of non-covered components. There were several items on the back of her contract that are or should be replaced at this time. On 2/25/2016 the client spoke with a representative from APW who explained exactly what the total bill came to, and which components would be paid by APW as well as the fact that the components that are not covered and are the client’s responsibility. He expressed that he understood, and was satisfied with that arrangement. The shop was also contacted and a representative from APW thoroughly went over what is and is not covered by the warranty in an effort to avoid any misunderstanding. On 2/29/2016 Laurie called again. She was informed that the mechanic had possession of the parts that were covered components, and had been authorized to do the necessary repairs for covered components. She became belligerent about the fact that she had a balance of $677.87 for non-covered components. She stated that APW should cover all parts of the vehicle including, but not limited to hoses, intake air tubes, and all labor costs. She stated that he should not be responsible for anything more than $140, which would be the diagnostics and towing fees, however he should also be reimbursed for the towing fees. Neither Mr. [redacted], nor his employee, Laurie have sent APW any statements or receipts regarding towing. If they were to submit this information, APW would reimburse them up to $60 for the tow as per the contract. The clients caregiver was angry that APW will be covering $584 for labor, as well as the parts which totaled nearly $360, and not the total bill, disregarding the fact that $944 was the total for APW’s payout. She also complained as to the length of time it has taken to repair the vehicle. It was explained to her that APW has been ready to cover everything stated in the contract. The delay is due to the clients caregiver continuing to refuse to pay his share of the costs as per the contract that was provided by APW. The water pump, radiator, and thermostat were all covered by APW, as well as payment for the labor on all covered components. Tony Hudson agreed to reduce the price of the water pump to $70 instead of the $82 on the original estimate.
Tell us whyCustomer called our company to open a claim on 11/09/15. The customer stated that the vehicle will not move forward or reverse in gear. APW stated to the customer that we need a documentation of the current mileage. The customer stated the current mileage was 220,000. This was at 9:46 AM....
APW spoke to customer again at 5:05 PM. Customer was calling to state that the previous given mileage was wrong and the actual mileage is 222,389. 11/11/15- Claims Department spoke to customer at 11:14 AM. The customer was granted permission to take the vehicle to H[redacted] .11/12/15 - Claims Department spoke to [redacted] at [redacted] at 1:55 PM. The repair facility stated that there is an issue inside the transfer case and that the transfer case sounds like it is trying to grind its self apart. The repair facility stated that they were not be able to provide an accurate estimate until the transfer case is taken apart to determine the extent of the damage. The current mileage of the vehicle given by the repair facility is 222, 389. The Claims Department requested the repair facility to send a rough estimate on the rebuild of the transfer case along with the current mileage of the vehicle document.At this point APW has confirmation from a shop of the customers mileage. This customer purchased a 3 month warranty with APW on 8/21/15 with 217,186 miles on the vehicle. The warranty ends on 11/21/15 or if the vehicle reaches its mileage of 221,686. This is because this contract is a 3 month warranty or 4,500 Miles contract which ever comes first. APW sent out a Claim Denial letter due to customer exceeding mileage on 11/13/15.Attached is both the Claim Denial letter and the estimate APW received from the shop. here...
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have since been contacted by apw with a promise of a $600 check to be sent to my home to cover the lowest priced part (their words to me in that conversation) not $1200 like was stated in their reply. it has been a little over a week now and I still haven't received the check. I would just like a refund for my 04 lexus rx330 07 jeep cherokee and the $600 will do for my 05 nissan maxima. to wipe my hands with this company
Please forgive us in our delay in response. We received the paper work from the customer, once we had all required documentation we had to mail it to the Under Writing Department based on paragraph 7 of our waiver clause. We have been in contact with the customer and we assured him that will...
reimburse him due to the negligence of the message center's server being down or deemed in operable for several days. The Under Writing Department received it and are mailing the reimbursement check to the customer.
January 24th, 2018 Revdex.com Serving Delaware 60 Reads Way New Castle, De 19702 [redacted] This is being written in response to a complaint # [redacted] that is listed. Our contract, of which the customer is provided a copy at the time of purchase, clearly states eligibility requirements of any vehicle under warranty. A warranty purchased from Delaware Auto Exchange stipulates that : “Any claim filed within the first 500 miles of the sale of the vehicle may be considered preexisiting”. This claim was made 178 miles after the vehicles purchase. However, as APW always tries to do, we went above and beyond the limits of liability we are legally responsible for, and agreed to pay for a 1 year warranted transmission, or a transmission rebuild of his original transmission, omitting the customers $500 contribution made towards the total cost of repairs. This was being done out of courtesy under Paragraph 7. Paragraph 7 Waiver If APW should waive any right or make any exception under this contract, it shall not mean APW will waive that right or make that exception in the future. In the event APW makes a reasonable allowance or makes an exception for an allowance towards a non-covered part or unauthorized claim APW at any time during the contract period reserves the right to cancel the contract. The original courtesy of not cancelling the contract and denying the claim due to preexisting conditions, was only added to. As of right now, due to that repair not properly being performed by the repair facility and at no fault of APW’s, another courtesy Form 50 is submitted to the APW underwriters in order to now have $200.00 of the $500.00 that was paid for the repair by the customer, reimbursed to him by us. We believe at this time that a resolution to this complaint has been found and is in the process of being implemented. Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International
[redacted]
Please see attached response. Feel free to contact us with any questions.
Dear Complaint Department, This letter is in regard to a concern that was issued against APW International by Mr. [redacted] on 05/08/2017 and was assigned and ID of 1[redacted] Mr. [redacted] was informed, in regard to his 2005 Nissan Maxima (contract # 191054), that due to prior claims being...
opened and those repairs to the vehicle being completed, that he had nearly reached his limits of liability for the contract which originated as a $1500.00, and currently had approximately $400.00 left available. However, Mr. [redacted] was notified that APW would speak with the company’s underwriters to file a Form 50 under Paragraph 7 in the contract to attempt to get an extended allowance authorized, or a blanket endorsement, in order to allow more funds to be disbursed towards his third and final claim, or to have the ABS Control Module, that the vehicle was diagnosed as needing, to be replaced and paid for. The module unit is estimated at a minimum cost of $1200.00. Paragraph 5: Limits on liability The total claim benefits we are liable for: “Maximum total payout” means the total claim benefits for which APW shall be liable for the full term of this contract.Maximum total payouts: 3 months/4500 miles: maximum total payout $1,000 6 months/7500 miles: maximum total payout $1,200 1 year/15,000 miles and 2 year 35,000 miles: maximum total payout $1,500 year/45,000 miles, 4 year/70,000 miles and 5 year/90,000 miles: maximum total payout $2,000 Paragraph 7: Waiver If APW should waive any right or make any exception under this contract, it shall not mean APW will waive that right or make that exception in the future.In the event APW makes a reasonable allowance or makes an exception for an allowance towards a non-covered part or unauthorized claim APW at any time during the contract period reserves the right to cancel the contract. The APW Operations Manager has since, communicated via telephone with Mr. [redacted] and has alleviated any issues or concerns that Mr. [redacted] had, prior to this concern being published. Mr. [redacted] is now appreciative of the efforts being made and it is our opinion that the matter has been handled appropriately. We ask that this comment be updated as per your standard procedures. Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International [redacted] 1000 N. West St. Suite 1400, Brandywine Building, Wilmington, DE 19801
Date:August 2, 2016 L[redacted] Date of...
concern: 06/07/2016 Complaint ID Number: [redacted] APW Contract Number: [redacted] Dear Mrs. [redacted], Thank you for providing us with the information regarding the complaint filed regarding this 2004 Ford Explorer. However, APW Int’l had reasons for denying this claim, and cancelling the contract for one, or more of the following reasons that are inBold: Proper claim procedures were not followed (Paragraph4) Repairs requested were not covered components (Paragraph2) Contract expired Due to mileage (Paragraph8) Part did not suffer a complete mechanical breakdown or failure (Paragraph1, SectionA) Failure was a result of improper care of vehicle or improper repairs (Paragraph3), SectionsF, andH) Damage was result of accident, fire, flood, theft, rust or other means (Paragraph3, SectionI) Vehicle was altered without regard to manufacturer suggestions (Paragraph3, SectionJ) Repairs done without a prior authorization and an issuance of an authorization number by APW (Paragraph3), SectionA) Claim was filed within the first 300 miles of the sale of the vehicle which is considered preexisting problem with vehicle (Front of contract) There is misrepresentation of contract information on a claim (Paragraph8, SectionC) 12/15/2016 – The warranty was opened with receipt of payment 12/21/2015 – Claims Department spoke with The Customer, at 2:51 P.M. The customer stated that there was a shaking in the front end, and once brakes are applied there is also a check engine light with a code for a transmission solenoid. As Per Paragraph 2 of the warranty contract, Solenoids are not covered. On this date the customer stated that his current mileage was: 180,480. Due to the customer’s initial mileage being 180271 it was established that the customer had only driven 209 miles. The front of the contract states: “Any claim filed within first 300 miles of the sale of vehicle may be considered preexisting.” The customer was referred to Fred’s Auto Service. 12/29/2015 – Claims Department spoke to Fred’s Auto Service. The vehicle had a code P0193. This indicates a problem with a gas tank pressure sensor, and a code P0775 which indicates an issue with the transmission Cylinder B. As per the repair facility, the transmission had not suffered a complete breakdown. APW does not offer replacement for a part if there is a gradual reduction in performance, as per Paragraph 1 of the Warranty contract. Paragraph 1 states: 1. This is a limited warranty. During the specified term, if any of the specified components incurs a mechanical breakdown brought about by normal operation of the vehicle or ordinary wear and tear, APW will repair or replace the covered component with parts of like quality. At APW’s discretion these parts may be recycled, exchanged, used, or rebuilt. APW shall not be liable for failure to match exactly the type of replacement part(s) NOTE: Contract holder has the option to pay for a new or rebuilt part(s) during the claim period EXAMPLE: In the event the contract holder’s vehicle has a failure or breakdown with a covered component; if the vehicle has 120,000 miles on the odometer, APW may replace the covered part with another recycled or used 120,000-mile part comparable. Note: All 3-month and/or 6-month contracts with failed engines or transmissions will only be given an allowance for a used engine or transmission. A. Mechanical Breakdown means the inability of any covered component(s) to perform the function(s) for which it’s designed due to defects in material or workmanship. The manufacturer has established tolerances for the purposes of defining failure and serviceability. When specifications exceed these manufacturers these manufacturer’s tolerances a failure or mechanical breakdown will be considered to occur. Mechanical breakdown does not include the gradual reduction in operating performance where a failure has occurred. B. APW may make a reasonable allowance toward the repair C. Labor costs are limited to the current Chilton flat rate labor guide at rates within accepted industry standards D. Deductable: the undersigned shall be responsible for $75 deductable of first $500, $100 deductable for $501 and over. This is per each covered component per each breakdown. The components in question are not covered under Paragraph 2 of the warranty. Paragraph 2 states: 2. Examples of some items and services not eligible for coverage are, but not limited to: brake drums, rotors, pads, spark plugs, and wires, wiring harness and fuse box or fuses: manual transmission slave drive cylinder, clutch, bearing, linkage; electronic transmission module, sensors, switches or solenoids, belts, hoses, clamps, battery, tires, wheels and wheel covers, shocks and struts, exhaust system, catalytic converter, PCV slave EGR valve, throttle body assembly, seat belt and air bag(s) and assembly, oil and fluid leaks, A/C “0” rings, evacuation and recharge, Freon, converting A/C system; cooling fan relay, excessive oil consumption, any carbon build up; fuel injector or fuel injector systems: axle bearing or hubs: electrical or hydraulic suspension system: motor or transmission mounts: engine tune up: maintenance services: valve seals, Valve guides, piston rings, front and rear main seals. 12/29/2015 – Claims Department spoke with The Customer and assured him that the estimate was in the evaluation stage. 2/11/2016 – Claims Department spoke with The Customer, regarding the claim denial letter he had received. He stated that if he cannot have his vehicle repaired, he would like to have his policy terminated, and requested a refund. The customer was informed that there is a policy in place regarding procedures for a refund, which includes prorating the refund, a cancellation fee, and the fact that APW only provides refunds through the selling dealership. This is established in Paragraph 10 of the warranty contract. This only happens if the vehicle is repossessed or deemed a total loss. Paragraph 10 states: 10. Cancellation Should be vehicle be repossessed or deemed a total loss, APW shall provide a prorated refund to the named dealer. The refund shall be based on the greater elapsed time or mileage from the contract sale date or mileage minus and claims less a $50 fee. Unless specified differently under individual state requirements. The Customer then stated that he gave incorrect mileage at the time of filing the claim. He then stated that the current mileage was actually 180,500 miles. He insisted that with this mileage he had reached the required mileage limits. Again due to the initial mileage of the contract (180271) he had only reached 229 miles. This is still 71 miles short of the 300 mile requirement. Due to The customer stating one mileage, then another in an effort to have his claim approved, there is reason to believe that there was conscious misrepresentation regarding this claim. This is a violation as per Paragraph 8 of the service contract. Paragraph 8 says: 8. Contract term This contract begins on the contract sale date and contract sale mileage ends when vehicle reaches: a. The sum of the contract sale date plus contract term date or the sum of the contract sale mileage plus contract term mileage whichever comes first b. Contract automatically terminates if vehicle is on consignment or is no longer in personal use c. Contract automatically terminates with a discovery of any misrepresentation on this contract or any claim during the contract period. d. Contract must be sold at time of vehicle sale and delivery. Any contract sold after the sale date will be automatically subject to a 1,000 mile exclusion period during which APW shall not be liable for repairs. 3/1/2016 – Claims Department spoke with The Customer who stated that he is waiting for his refund. He inquired as to when he would receive it. Claims Department informed The Customer that due to the warranty contract, the only way he would be receiving a refund would be with approval from the Underwriting Department as an exception under Paragraph 7 of the warranty contract. Paragraph 7 states: 7. Waiver a. If APW should waive any right or make any exception under this contract, it shall not mean APW will waive that right or make that exception in the future. b. In the event APW makes a reasonable allowance or makes an exception for an allowance towards a non-covered part or unauthorized claim APW at any time during the contract period reserves the right to cancel the contract. The customer was informed that if approved, or when more information was available he would be contacted. At this time, the Claims Department has filed another Form 50 in an effort to have funds released to this customer. There were no promises made as to whether or not it would be approved. Any and all exceptions made are due to the loss ratio in the region at the time that the forms are filed. Claims Department has made attempts, however due to this claim having multiple reasons for denial; the underwriting department is giving a bit of resistance. For more specific information regarding your claim request or any questions you may have, feel free to contact the Claims Department at(855) 999-5494. It is the dispute resolution panels’ responsibility to act on behalf of Automotive Performance Warranty International to ensure that the company pays for legitimate mechanical breakdowns (see paragraph 1, A) as well as protect the company from fraudulent claims. At this time, the dispute resolution panel has decided to support the claims departments request to deny your claim. If you feel that this decision was made in error and should be amended, please refer under terms and conditions toParagraph 11. MANDATORY BINDING ARBITRATION CLAUSE. Please read section A and section B Carefully. Please see also,Paragraph 12. 11. MANDITORY BINDING ARBITRATION CLAUSE: READ CAREFULLY A. BY SIGNING THIS WARRANTY AGREEMENT YOU HEREBY AGREE TO RESOLVE ANY AND ALL CLAIMS AND/OR DISPUTES ARISING FROM OR OTHERWISE CONCERNING THIS WARRANTY AGREEMENT, INCLUDING WHETHER SUCH DISPUTE OR CLAIM IS ARBITRABLE, BY SUBMISSION OF SUCH CLAIM OR DISPUTE TO MANDATORY BINDING ARBITRATION. B. The arbitration proceedings discussed in subparagraph (A) above shall be venued in Wilmington, Delaware and shall be conducted under the Commercial Arbitration Rules of the American Arbitration Rules of the American Arbitration Association in effect at the time a demand for arbitration of the rules was made. A decision and awarded of the arbitrator made under the said rules shall be exclusive, final and binding on both parties and their heirs, executors, administrators, successors, and assigns. The cost and expense of the arbitration shall be borne evenly by parties. Each party shall bear the costs of its own legal representation. 12. Choice of law All terms and conditions of this contract shall be interpreted under the laws of the State of Delaware, with regard to any principles of conflicts of law. To the full extent permissible by law each paragraph of the Arbitration Clause and the agreement as a whole shall be interpreted so as to be effective and valid. If any provision is held to be prohibited, invalid, or unenforceable however, such provision shall be ineffective only to the extent of such prohibition, invalidity, or unenforceability without invalidation any other provision or paragraph of the Agreement and without invalidating the agreement as a whole. Sincerely, [redacted]
[redacted]
APW spoke with Mr. [redacted] today 12/8/15 at 1:05 PM. APW informed Mr. [redacted] the department just received his check from the investment team and will be sending it from our office to the customer tomorrow. Customer thanked APW and that ended the call.
[redacted] This is being written in response to a complaint # [redacted] that is listed. Our contract of which the customer is provided a copy at the time of purchase, clearly states proper claim procedures (paragraph 4) of any vehicle under our warranty. Paragraph 4 Claim Procedure: In the...
event of a mechanical breakdown use all reasonable means to prevent further damage by operation. Phone [redacted] you will be directed to one of our authorized repair centers for an estimate. Calls will be answered between 9am-5pm Monday thru Thursday and 9am-4:30pm Friday. A twenty-four hour answering service will provide instructions when the office is closed. After receiving the estimate you may opt to take the vehicle to the repair facility of your choice. Do not agree to any repairs until you or the repair facility has received and authorization number from APW. Contact us and provide the nature of the breakdown parts and labor estimate. We will then issue an authorization number for the covered repair. This authorization number must appear on the invoice(s) you submit to us along with Facility name, address, and phone number Your name, address and phone number Vehicle year, make, model, VIN number and current mileage Breakdown of repair – parts and labor No claim will be honored without an authorization number All repairs or diagnostics must be performed by an ASE certified shop with Federal Tax ID number and shop must be fully assured and bonded. Note: APW reserves the right to inspect all vehicles prior to the repair. Failure to follow claim procedure for the purpose of estimating and/or mileage tracking may, or will result in cancellation of contract by APW. Before contacting APW as standard procedure, the customer took their vehicle to a Pep Boys located in Newark DE to have a diagnostic performed. The customer then contacted our Claims Department to open a claim for coverage. The customer already had an estimate that was summated to the Claims Department from Pep Boys, and after review of the claim, the claim was denied and the contract was cancelled based on the violation of Paragraph 4. The refund that this customer speaks of was requested, however, deemed undeserved and non-existent due to their documented and clear agreement to the terms of the APW contract. Our records show that we attempted numerous times to contact the customer in regard to the claim denial, contract cancellation, and refusal of requested refund. Methods of contact which include telephone calls, text messages, and a typed letter sent via certified mail. We apologize for any inconvenience caused by this misunderstanding. Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International [redacted]
Dear [redacted] The customer contacted the claims department. Our Claims specialist spoke with the customer and explained that there is a problem in terms of coverage with the transfer case being cracked. This is after a previous claim being paid out already on the same contract. The claims...
department informed the customer that underwriting usually denies those claims due to the fact that someone almost always has hit something and therefore is not covered under our warranty. The claims apartment also informed the customer that we are exercising paragraph 7 of our waiver clause to help them through the claim procedure as a courtesy due to our relationship with Major Motors, the dealer from which he purchased the vehicle. Customer was informed the courtesy was granted, however it being a courtesy, may take a while. We then submitted a Form 50 to the underwriters to ask for courtesy in extending the limits of liability for the contract seeing as how the replacement unit was almost $1200 while still being done as a courtesy. The claims department farther explained the limits of liability and that the underwriters would calculate what the remainder of the limits of liability after purchase of the replacement unit and customer’s deductible. 1. Limits on liability A. The total claim benefits we are liable for: “Maximum total payout” means the total claim benefits for which APW shall be liable for the full term of this contract. Maximum total payouts: 3 months/4500 miles: maximum total payout $1,000 6 months/7500 miles: maximum total payout $1,200 1 year/15,000 miles and 2 year 35,000 miles: maximum total payout $1,500 3 year/45,000 miles, 4 year/70,000 miles and 5 year/90,000 miles: maximum total payout $2,000 The customer was informed that the Claims Department is working with the underwriters to possibly provide another courtesy to reimburse $225 for the total that was paid in labor and installation of the transfer case totaling 677.60. This is the balance remaining in regard to the limit of the policy after the customer’s deductible of $100.00. The oversight on the customers $225 was due to an authorization number and release code missing from the file and also the fact that courtesies are more susceptible to this mishap being that they are although important, not priority in comparison with other claims that APW is legally and financially responsible, and because of this are kept separate. However, as of June 27th 2017, a WSFS check ending in 5556, sent in the amount of $225.00 was cashed by the customer. We hope that this is helpful in your determinations in this matter. Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International [redacted]
10/23/17, Customer was directed to Fred's Auto Service for a diagnostic of an over heating issue. The repair facility provided an estimate for the replacement of the Intake Gasket do to coolant leakage that was approved by the Claims Department. The repair facility began repairs and discovered that...
the Intake Gaskets had been recently replaced with an upgraded design. The repair facility at that point was unsure if the leak was coming from the Intake Gasket and believed that it is likely the Head Gasket leaking. The Claims Department had recently approved a claim for the replacement of the Head gaskets at Dover Auto Repair. Fred's Auto Service was requested to re install the Intake Manifold so that the vehicle can be relocated to Dover Auto Repair to warranty the work.Fred's Auto Service was delayed in installing the Intake Manifold. The Claims Department requested a Tow Service to pick the vehicle up to transport to Dover Auto Repair do to the delay of Fred's Auto Service installing the Intake Manifold so that the vehicle could be driven to Dover Auto Repair. The customer was spoken to by the Claims Department in regards to the repair of the vehicle and the delay caused by the repair facility. The customer was informed that do to the delay and inconvenience, a courtesy under Paragraph 7 would be offed to provide the customer with a rental reimbursement under the contract of the maximum payout of $120. This is done as a courtesy under Paragraph 7 do to covered repair not exceeding the 15 hour flat rate repair time as stated on the contract. The Claims Department will also provide a courtesy under Paragraph 7 to waive the customer's deductible for the repair. Only 2 claims have been opened for this customer with the Claims Department directing the customer to a repair facility only on the second claim. All other repairs have been handled threw the selling dealer.
In reference to this complaint automotive performance warranty was called by the finance company and instructed not to send out any money on this claim. We were called directly by American finance in reference to this customer and asked the details of the claim. In which we informed the finance...
company that the customer violated paragraph 4 title claim procedure which constituted cancellation of the contract. The customer was informed that the inspector found a cracked hole in the block. That does not happen unless there is some sort of abuse or improper repair performed on the vehicle. Automotive performance warranty they'd contact our underwriters to see if there was anything that we could do other are paragraph 7 waiver clause to help the customer due to the fact that he is an Outright auto sales customer and that this is an American finance deal. Which they been granted us an $800 allowance towards the purchase of the engine. Our claims department also got increased an additional $100. After speaking to [redacted] and the concerned parties at American finance we are waiting on a decision on which is the next step through the finance company. [redacted]
December 22, 2016 [redacted]
[redacted]
[redacted]
[redacted]
[redacted] [redacted] Dear Complaint Department, This letter is to respond to a complaint issued by Mr. J[redacted] on...
December 16, 2016 regarding a complaint about coverage for a transmission issue. Our underwriters have decided not to allow his request for a new transmission per our policies as outlined in our contract. A copy of our contract is enclosed for your reference. The initial claim was reported to us on June 20, 2016 at 130,226 miles which was 12,143 miles and 10 months from original purchase from dealership. Mr. [redacted]’s contact was valid until he reached 133,083 or August 4, 2016 – whichever came first. Our qualified repair facility checked the vehicle and recommended a transmission fluid change because they thought it would resolve the issues and this repair were authorized. At that time, the shop advised Mr. [redacted] to return with vehicle if he was still having issues with transmission. Prior to the issues reported in June 2016 he drove an estimated 1,214 per month. If Mr. [redacted] continued to drive the vehicle in the same manner, we estimate that he would have reached 2000 miles within the contract period and not the 4 months as he stated in his complaint. Mr. [redacted] did not adhere to the contact he signed with the limits on mileage and dates clearly listed. Also, at no time did Mr. [redacted] contact us to discuss any issues or concerns in the months following the transmission fluid change. APW make decisions based on the advice of our qualified repair shops and the decision to do a transmission fluid change instead of an entirely new transmission is standard practice for most repair shops and based on a cost saving initiative by our organization. We are unable to extend Mr. [redacted]’s contract or authorize a new transmission on an issue reported several months after the end of a contract. This decision is based on the terms listed on the back of our contract, specifically Paragraph 8 regarding contract terms. Additionally, we do not provide refunds to customers on contacts per Paragraph 10 which states that refunds are only issued if vehicle deemed total loss or repossessed and the prorated payout would be to the dealership that sold the contract. It is our opinion that the matter was handled appropriately on our end and that Mr. [redacted] had ample time to report any ongoing issues prior to the end of contract with additional concerns. We ask that this comment be removed or updated as per your standard procedures since we believe it to harmful to our reputation. Please contact us with any additional questions. Sincerely,Claims Department,APW International [redacted]
[redacted]
[redacted]
[redacted]
Attached is the cancellation
and claim denial letter. As stated on the back of the signed contract and also
this document the customer violated "Claims Procedure" under Terms
and Conditions in Paragraph 4 which states the “customer must call APW to be
directed to one of our authorized repair...
centers”. Also APW attempted to return
the repair shops phone call multiple times who previously called on the
customers behalf. The calls were being transferred and no one would pick up
there for APW would have to leave a message for a call back. After APW finally
got into contact with the repair shop, APW received the estimate from the
repair facility. After reviewing the estimate the only covered component(s)
listed were the Upper Control Arm. Other parts listed were wiper blades, axel
barring seal, break shoe kit, snap ring, and other non covered items. These are
all considered maintenance issues. The customer states there is a $2,800.00
bill the repair facility listed as covered components but on the estimate APW
received it doesn't show or state a price of total repairs. Attached will also
be the estimate APW received from the repair facility.
This is being written in response to a complaint # [redacted] that is listed. Our contract of which the customer is provided a copy at the time of purchase, clearly states proper claim procedures (paragraph 4) of any vehicle under our warranty. Paragraph 4 Claim Procedure: In the event of a mechanical breakdown use all reasonable means to prevent further damage by operation. Phone [redacted] you will be directed to one of our authorized repair centers for an estimate. Calls will be answered between 9am-5pm Monday thru Thursday and 9am-4:30pm Friday. A twenty-four hour answering service will provide instructions when the office is closed. After receiving the estimate you may opt to take the vehicle to the repair facility of your choice. Do not agree to any repairs until you or the repair facility has received and authorization number from APW. Contact us and provide the nature of the breakdown parts and labor estimate. We will then issue an authorization number for the covered repair. This authorization number must appear on the invoice(s) you submit to us along with Facility name, address, and phone number Your name, address and phone number Vehicle year, make, model, VIN number and current mileage Breakdown of repair – parts and labor No claim will be honored without an authorization number All repairs or diagnostics must be performed by an ASE certified shop with Federal Tax ID number and shop must be fully assured and bonded. Note: APW reserves the right to inspect all vehicles prior to the repair. Failure to follow claim procedure for the purpose of estimating and/or mileage tracking may, or will result in cancellation of contract by APW. Before contacting APW as standard procedure, the customer took their vehicle to Newport Auto, as referred to by the DMV, to have a diagnostic performed. The customer then contacted our Claims Department to open a claim for coverage. We then informed the customer, of the parameters of the contract and of the violation thereof. Out of courtesy, we did not deny or cancel the contract and instead made sure it was understood an authorized repair facility was required. Paragraph 7 Waiver: If APW should waive any right or make any exception under this contract, it shall not mean APW will waive that right or make that exception in the future. In the event APW makes a reasonable allowance or makes an exception for an allowance towards a non-covered part or unauthorized claim APW at any time during the contract period reserves the right to cancel the contract. It was found that the claim made was not a covered component under the contract. We then received a call stating that the customer’s battery would not stay charged and that the thought was that it was the alternator. Because of this the customer was unable to retrieve the mileage that is needed in order to open up a claim. So under paragraph 7, we extended another courtesy and opened the claim anyway. It was found at this diagnostic that it was the ABS module of the vehicle that needed to be replaced and that it was a fire hazard. Customer was then informed that the previous repair facility was not willing to do the further repair due to the fire hazard. The customer was then notified that he needed to have the vehicle towed to the Nissan dealership in order for a diagnostic to be done on the vehicle. Customer was told that a tow to this facility would possibly be reimbursed under paragraph 7, if granted by underwriters. Nissan found during their diagnostic that not only was there a hole in the ABS module, but also the gaskets, valve cover, and motor mouth was also in need or being replaced. Due to previous repairs already being paid out in claim, the remaining limits of liability were not enough to cover the over $1200 part. So again, we submitted another Form 50 to the underwriters to ask for courtesy in extending the limits of liability for the contract. Limits on liability The total claim benefits we are liable for: “Maximum total payout” means the total claim benefits for which APW shall be liable for the full term of this contract. Maximum total payouts: 3 months/4500 miles: maximum total payout $1,000 6 months/7500 miles: maximum total payout $1,200 1 year/15,000 miles and 2 year 35,000 miles: maximum total payout $1,500 3 year/45,000 miles, 4 year/70,000 miles and 5 year/90,000 miles: maximum total payout $2,000 After working to get this granted, we then sent three different checks to the customer in the Amount of $400.00. (WSFS checking account # *6587). We take accountability in the fact that the third of those checks was later than what was expected, however, we do hold priority to our contract holders that are not being granted numerous courtesies and have do our due diligence in doing so. Our Operations Manager personally met with this customer to not only rectify this dissatisfaction, but extend our apologies for any inconvenience by disbursing to him a one-time $300.00 check. The APW Operations Manager has since, communicated via telephone with Mr. [redacted] and has alleviated any issues or concerns that Mr. [redacted] had. This is also obvious in the great review that the customer added to Google Maps Reviews since this complaints publication. [redacted] 1 review ????? a month ago [redacted] is the man! He delivers Please feel free to contact us with any additional questions. Sincerely, Claims Department, APW International
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77173 - [redacted] 11/23/2015 APW was contacted regarding this claim. The customer had paid $450 for the radiator. This shop never contacted APW, or received an authorization number from APW. 11/24/2015 :Claims Department spoke to the customers spouse (Mario) at 10:21 AM. ...
The customer never contacted APW to open a claim, and therefore never received an authorization number. The customer had previously taken the vehicle to an unauthorized repair facility (Juniors Auto (violation of paragraph 4 section 2) . The customer proceeded to have repairs done to the vehicle without prior authorization (violation of paragraph 4 section 2 and 3). The components repaired on a vehicle are an oxygen sensor, catalytic converter (both non-covered components under paragraph 1) and a radiator. The customer was directed to M&C Auto Repair (paragraph 6 section D) to have the vehicle inspected to determine the stated repairs have been made to the vehicle. Claims department was contacted by M&C Auto Repair. They stated that it appeared that something had been done, but could not verify all of the work. The radiator seemed to be replaced, however there is no way to confirm this. Due to the customer not following claim procedures as per the contract, they violated their contract, which left APW with no choice but to deny their claim, and cancel the contract. The Claims department has contacted the underwriting department in an attempt to have funds released toward this claim, however due to the customer breaching contract, they have not yet come to a decision whether to assist the customer with this claim. Once a decision is reached, the customer will be contacted, as per APW Policy.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below. The offer was of no type of repair to be completed by them even though I stated my concerns that the fluid change would not remedy the issue at the time. It fixed it for roughly 2 thousand miles before it returned and I called them and they said it was to late to do anything. If I would have taken it back with no shudder at 1000 they would have also told me nithing was wrong. All I want them to do is fix the issue for which it was originally brought to them for.
APW was initially contacted by Mr. [redacted] on 1/13/2016 to make a claim. The contract was originally provided to him on august 20th 2015 by the selling dealer Payless auto sales in Millsboro DE. He informed APW that he could not afford to pay the diagnostics fees at that time, so he...
decided to wait until 1/26/2016 to go to a shop for diagnostics. He then went for diagnostics at Tony Hudsons garage. APW has agreed to pay for everything that is covered under the contract. This includes the radiator and water pump as well as thermostat. There were never any claims or implications made by APW regarding this warranty being bumper to bumper. The customer was misinformed by the selling dealer. Also, customer must read and understand all terms and conditions of the contract at the time of delivery of the vehicle. They were misguided, and did not understand what was on the contract. APW even supplied the parts for the mechanic to fix the vehicle, and they were sent to the repair facility that APW referred them to. APW works diligently with the clients in an effort to fulfill all obligations as per our contracts. The dealership where the client purchased the vehicle and warranty is currently under new management or closed at this time. The previous management may or may not have misguided the client, however the obligations of APW are clearly written into the contract. There are items not covered by the comprehensive warranty offered by APW, and it is the obligation of the client to cover those costs. APW informs the clients that they are not required or mandated to fix the uncovered components at that time or with our authorized repair facilities. That is clearly stated under our terms and conditions of paragraph 6 section C. Titled Undersigned cooperation. On 1/13/2016 a representative from the claims department first explained the terms and conditions of the contract to the client’s caregiver ([redacted]). She stated that she understood at that current time. On 2/8/2016 the clients caregiver called again, and was once again explained what is covered under the warranty. She was directed to read the contracts terms and conditions including those on the reverse side. It was explained that anything that is not eligible for coverage is listed under examples of paragraph 2, which states that “there are items and services which are but not limited to…” which gives a detailed breakdown of non-covered components. There were several items on the back of her contract that are or should be replaced at this time. On 2/25/2016 the client spoke with a representative from APW who explained exactly what the total bill came to, and which components would be paid by APW as well as the fact that the components that are not covered and are the client’s responsibility. He expressed that he understood, and was satisfied with that arrangement. The shop was also contacted and a representative from APW thoroughly went over what is and is not covered by the warranty in an effort to avoid any misunderstanding. On 2/29/2016 Laurie called again. She was informed that the mechanic had possession of the parts that were covered components, and had been authorized to do the necessary repairs for covered components. She became belligerent about the fact that she had a balance of $677.87 for non-covered components. She stated that APW should cover all parts of the vehicle including, but not limited to hoses, intake air tubes, and all labor costs. She stated that he should not be responsible for anything more than $140, which would be the diagnostics and towing fees, however he should also be reimbursed for the towing fees. Neither Mr. [redacted], nor his employee, Laurie have sent APW any statements or receipts regarding towing. If they were to submit this information, APW would reimburse them up to $60 for the tow as per the contract. The clients caregiver was angry that APW will be covering $584 for labor, as well as the parts which totaled nearly $360, and not the total bill, disregarding the fact that $944 was the total for APW’s payout. She also complained as to the length of time it has taken to repair the vehicle. It was explained to her that APW has been ready to cover everything stated in the contract. The delay is due to the clients caregiver continuing to refuse to pay his share of the costs as per the contract that was provided by APW. The water pump, radiator, and thermostat were all covered by APW, as well as payment for the labor on all covered components. Tony Hudson agreed to reduce the price of the water pump to $70 instead of the $82 on the original estimate.
Tell us whyCustomer called our company to open a claim on 11/09/15. The customer stated that the vehicle will not move forward or reverse in gear. APW stated to the customer that we need a documentation of the current mileage. The customer stated the current mileage was 220,000. This was at 9:46 AM....
APW spoke to customer again at 5:05 PM. Customer was calling to state that the previous given mileage was wrong and the actual mileage is 222,389. 11/11/15- Claims Department spoke to customer at 11:14 AM. The customer was granted permission to take the vehicle to H[redacted] .11/12/15 - Claims Department spoke to [redacted] at [redacted] at 1:55 PM. The repair facility stated that there is an issue inside the transfer case and that the transfer case sounds like it is trying to grind its self apart. The repair facility stated that they were not be able to provide an accurate estimate until the transfer case is taken apart to determine the extent of the damage. The current mileage of the vehicle given by the repair facility is 222, 389. The Claims Department requested the repair facility to send a rough estimate on the rebuild of the transfer case along with the current mileage of the vehicle document.At this point APW has confirmation from a shop of the customers mileage. This customer purchased a 3 month warranty with APW on 8/21/15 with 217,186 miles on the vehicle. The warranty ends on 11/21/15 or if the vehicle reaches its mileage of 221,686. This is because this contract is a 3 month warranty or 4,500 Miles contract which ever comes first. APW sent out a Claim Denial letter due to customer exceeding mileage on 11/13/15.Attached is both the Claim Denial letter and the estimate APW received from the shop. here...
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have since been contacted by apw with a promise of a $600 check to be sent to my home to cover the lowest priced part (their words to me in that conversation) not $1200 like was stated in their reply. it has been a little over a week now and I still haven't received the check. I would just like a refund for my 04 lexus rx330 07 jeep cherokee and the $600 will do for my 05 nissan maxima. to wipe my hands with this company
Please read attached letter for our response.
Please find a response attached for this complaint. Feel free to contact us with any questions.
Please forgive us in our delay in response. We received the paper work from the customer, once we had all required documentation we had to mail it to the Under Writing Department based on paragraph 7 of our waiver clause. We have been in contact with the customer and we assured him that will...
reimburse him due to the negligence of the message center's server being down or deemed in operable for several days. The Under Writing Department received it and are mailing the reimbursement check to the customer.