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GM Terms and Conditions

 
 
 

Schedule
  
 
  
 
  
 

Accountholder:

  • Name:
  • Address:
  • Home Phone:
  • Work Phone:

Agreement Effective Date: at 12:01 a.m.

Maximum Loan Term Covered: 72 Months

Maximum Possible Redemption Payment

  • Trade-in at GM Dealership: $5,000.00
  • Non-Trade-in Vehicle Sale: $2,500.00

Eligible Vehicle:

  • Make:
  • Model:
  • Year:
  • Vehicle Identification Number:

This Agreement is included, at no cost to You, as part of Your purchase of Your new General Motors (GM) vehicle shown on the above Schedule. The obligations and any liabilities of this Agreement are solely the responsibility of ServicePlan, Inc. ServicePlan, Inc. is an unaffiliated third party independent of GM.

 
 

A. Definitions:

Throughout this Agreement, You and Your refer to the Accountholder. We, Us, and Our refer to ServicePlan, Inc. In addition, when in bold certain words and phrases are defined as follows:

Administrator means cynoSure Financial, Inc. You may contact the Administrator if You have questions regarding this Agreement or would like to make a claim. The Administrator can be reached by phone at 1-888-778-9043 or mail to P.O. Box 7691 St. Clair Shores, MI 48080.

Eligible Vehicle means the new 2008 through and including 2010 model year General Motors motor vehicle that is purchased from a Qualifying Dealership and this vehicle is shown in the Schedule. All Saab motor vehicles, all GM Medium Duty C 5500 series and above, including W Series trucks are not eligible and thus, are not an Eligible Vehicle.

Qualifying Dealership means a motor vehicle dealership located in the United States that:

  1. Is authorized in writing to advertise for sale and sell new Chevrolet, Pontiac, Buick, GMC, Cadillac, Saturn or HUMMER motor vehicles; and
  2. Has not opted out of the program through which this Agreement is provided, at no cost, to You.

Sale means that:

  1. Your Eligible Vehicle is purchased under the program by which this Agreement is provided to You; and then
  2. Subsequently, after
    • You have made at least 50% of Your regularly scheduled Vehicle Loan payments, and
    • At least half of the term of Your active Vehicle Loan has passed,
    Your Eligible Vehicle is then purchased directly from You by a private party or motor vehicle dealer and You purchase or lease a Chevrolet, Pontiac, Buick, GMC, Cadillac, Saturn or HUMMER vehicle from a Qualifying Dealership within seven (7) days of the closing of the Sale.

Trade-In, Trading-In or Traded-In means that:

  1. Your Eligible Vehicle is purchased under the program by which this Agreement is provided to You; and then
  2. Subsequently, after
    • You have made at least 50% of Your regularly scheduled Vehicle Loan payments, and
    • At least half of the term of the Vehicle Loan has passed,
    Your Eligible Vehicle is then purchased directly by a Qualifying Dealership in connection with Your purchase or lease of another new motor vehicle from that Qualifying Dealership.

Vehicle Loan means terms and conditions of the original loan for the Eligible Vehicle.

B. In Order to Qualify for Benefit(s):

To qualify You must satisfy each of the below requirements:

  • Your Vehicle Loan term cannot exceed 72 months;
  • Your Vehicle Loan must be a conventional, fixed rate term and your Vehicle Loan must be from a licensed or authorized lender;
  • The Eligible Vehicle must be either be:
    • Traded-In at a Qualifying Dealership where you purchase or lease a Chevrolet, Pontiac, Buick, GMC, Cadillac, Saturn or HUMMER vehicle from that dealership, or
    • Transferred to a third party through a Sale, where You purchase or lease a new Chevrolet, Pontiac, Buick, GMC, Cadillac, Saturn or HUMMER vehicle from a Qualifying Dealership within 7 days after the close of that Sale.
  • You have made at least 50% of the regularly scheduled Vehicle Loan payments and all of those payments must have been made on or before their scheduled Vehicle Loan payment due date; and;
  • At least half of the term of the Vehicle Loan must have passed while Your Vehicle Loan is still active and in force.

C. Redemption Payment:

Subject to the conditions and limitations described in this Agreement, if at the time of Your Trade-In or the close of Your Sale, the remaining Vehicle Loan balance is greater than the National Automobile Dealers Association (NADA) clean retail value in the United States for Your Eligible Vehicle, We will pay to You (or if a Trade-In where You have assigned this payment to the Qualifying Dealership who has contractually committed to purchase Your Eligible Vehicle, then to that Qualifying Dealership) the lesser of the following:

  • The actual redemption amount (as described and defined in Section D ? Redemption Calculation); or
  • The Maximum Limit stated below.

Maximum Limit

  • If a Trade-In, then the maximum amount We will pay, provided the actual redemption amount exceeds this limit, is $5,000.00.
  • If a Sale, then the maximum amount We will pay, provided the actual redemption amount exceeds this limit, is $2,500.00

In order to receive payment, You must comply with all of the terms and conditions of the Your Vehicle Loan.

This redemption payment can only be redeemed once for the Eligible Vehicle. Once a benefit has been paid under this Agreement, this Agreement terminates. This Agreement also terminates if Your Vehicle Loan is closed, refinanced, or upon Your death.

D. Redemption Payment Calculation:

The redemption calculation starts with the remaining balance owed to the lender (excluding late fees, loan penalties, interest, and refundable portions of the Qualifying Dealership add-on products) at the time of Trade-In or close of the Sale, and then subtracts the NADA average clean retail value for Your Eligible Vehicle (which includes NADA average miles calculation) at time of Trade-In or close of the Sale.

At time the Eligible Vehicle is purchased, if the Vehicle Loan amount exceeds 110% of MSRP of the vehicle, then the dollar amount by which the Vehicle Loan amount exceeded 110% of the vehicle MSRP will be added back to the NADA clean retail value of the Eligible Vehicle at the time of Trade-In or close of the Sale in order to calculate the redemption value.

For purposes of calculation; Your Eligible Vehicle is considered to be in NADA clean retail condition at time of Trade-In or the close of the Sale. Vehicle options are based on the options at the time of Eligible Vehicle purchase. Options added after purchase of the vehicle are excluded from the NADA clean retail value calculation.

The redemption amount calculated shall then have deducted from it the refundable portions of Qualifying Dealership add-on products that were included with Your purchase of the Eligible Vehicle (including but not limited to extended warranties, GAP coverage and other Qualifying Dealership products).

E. What is Not Covered Under This Agreement:

  • An Eligible Vehicle sold back, transferred through a Sale or Traded-In without purchasing a new GM motor vehicle from a Qualifying Dealership.
  • The Eligible Vehicle is stolen and is not recovered.
  • The Vehicle Loan is a fleet sale.
  • Your Vehicle Loan is a lease, balloon financing, or was paid with a revolving account(s).
  • Repossession of the Eligible Vehicle by the lender.
  • The Eligible Vehicle is deemed a total loss by Your primary automobile insurance provider.
  • Refinancing or the closing of the original Vehicle Loan.
  • Alterations of any agreement in or associated with the first or initial sale of the Eligible Vehicle.

F. How to File a Request for Redemption:

Please have the Qualifying Dealership (from whom you are purchasing Your new General Motors vehicle) contact the Administrator at 1-888-778-9043, when You are Trading In at a Qualifying Dealership or have made a Sale of Your Eligible Vehicle and are now purchasing a new Chevrolet, Pontiac, Buick, GMC, Cadillac, Saturn or HUMMER motor vehicle from a Qualifying Dealership within 7 days after the close of that Sale . An estimated redemption calculation will be provided by the Administrator to You and that Qualifying Dealership. At that time, the Administrator will also explain what additional documentation will be required of the Qualifying Dealership and You. The estimate provided is just an estimate and is not binding upon the Administrator or ServicePlan, Inc.

Or You can also call the Administrator at 1-888-778-9043 to request a redemption form. You must report Your request for redemption within sixty (60) days (or sooner, if possible) of the Trade-In or the close of the Sale.

The Administrator will send the redemption form to You. The following required items, must be sent to the Administrator at PO Box 7691, St. Clair Shores, MI 48080 and be postmarked within ninety (90) days of Your Trade-In, or the close of Your Sale, or as soon as reasonably possible.

  1. Redemption form filled out by the Qualifying Dealership where Your new General Motors motor vehicle purchase or lease occurs.
  2. Payoff letter from original lien holder including payment history
  3. Copy of Vehicle Loan from the purchase of the Eligible Vehicle.
  4. Copy of the retail installment agreement from the purchase of the Eligible Vehicle.
  5. Copy of the refundable check from the Qualifying Dealership for the refundable portions of any dealer add-on products.
  6. Any other documentation that the Administrator may reasonably request.

If this is a Sale, then You will also need to provide the Administrator with:

  1. A copy of the title (front & back) for the Eligible Vehicle and the release of the lien by the financial institution making the Vehicle Loan, and
  2. A copy of any "Bill of Sale" between the two parties for the Eligible Vehicle.

G. Other Provision Applicable to This Agreement:

Dispute Resolution ? Arbitration: The Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning the Agreement. Under this Arbitration provision, You give up your right to resolve any dispute arising from the Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three (3) arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law.

To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the loss occurred or the dispute arose. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an "umpire." Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under the Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all matters arising out of or relating to the Agreement and all transactions contemplated by the Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of the Agreement.

No arbitration shall be brought to recover under the Agreement prior to the expiration of sixty (60) days after a fully completed request for benefits form has been furnished to the Administrator in accordance with the requirements of this Agreement.

Not Transferable: You may not assign or transfer this Agreement at any time. The rights under this Agreement are not transferable to any subsequent purchaser or lessee or any other person or entity to whom the vehicle shown on the Schedule is conveyed by operation of law or otherwise; including, without limitation, through repossession, death, or as a gift.

Tax Implications: You may be subject to federal, state, or local tax on any Account Payment made. You will receive a Federal Government 1099, if the sum of all payments exceeds $600 (USD) during a given calendar year.

Schedule

Accountholder:

  • Name:
  • Address:
  • Home Phone:
  • Work Phone:

Agreement Period:

  • Effective Date: at 12:01 a.m.
  • Expiration Date: at 12:01 a.m.

Benefit Maximums:

Maximum Monthly Payment Amount: up to $500.00

Maximum Number of Payments: up to 9 monthly payments

Maximum Total Benefit: up to $4,500.00

Eligible Vehicle:

  • Make:
  • Model:
  • Year:
  • Vehicle Identification Number:

This Agreement is included, at no cost to You, as part of Your purchase or lease of Your new General Motors (GM) vehicle shown on the above Schedule. The obligations and any liabilities of this Agreement are solely the responsibility of cynoSure Financial, Inc. cynoSure Financial, Inc is an unaffiliated third party independent of GM.

A. Definitions:

Throughout this Agreement, You and Your refer to the Accountholder. We, Us, and Our refer to cynoSure Financial, Inc. In addition, when in bold, certain words and phrases are defined as follows:

Account means:

  1. If a loan, an in force and active loan where the Eligible Vehicle is collateral for that loan;
  2. If a lease, an in force and active lease where the Eligible Vehicle is actually owned by the lessor.

Account Payment means Your regularly scheduled Account payment, indicated in the loan or lease documents, to the Creditor.

Accountholder means the top line signer listed on the retail installment or lease contract and is named above in the Schedule.

Administrator means cynoSure Financial, Inc. You may contact the Administrator if You have questions regarding this Agreement or would like to make a claim. The Administrator can be reached by phone at 1-888-778-9043, or mail at P. O. Box 7691, St. Clair Shores, MI 48080.

Agreement Period means the period starting on the Effective Date and continuing until the Expiration Date, or until Your Account is closed, or upon Your death. This Agreement ends on the Expiration Date shown on the Schedule.

Creditor means the financing source named as the lender or lessor on Your Account.

Eligible Vehicle means the new 2008 through and including 2010 model year General Motors motor vehicle that is purchased or leased from a GM Dealership located in the United States and this vehicle is shown in the Schedule. All Saab motor vehicles, all GM Medium Duty C5500 series and above, including W Series trucks, are not eligible and thus, are not an Eligible Vehicle.

Gainfully Employed means employed for wages, salary, or other monetary reward in an amount reported on a W-2. Gainfully Employed does not include self-employment income (1099 income), barter-for-trade compensation such as room and board or any other non-monetary payment.

General Motors (GM) Dealership means a motor vehicle dealership located in the United States that

  1. Is authorized in writing by General Motors Corporation (or one of its subsidiaries) to advertise for sale and sell new GM motor vehicles; and
  2. Has not opted out of the program through which this Agreement is provided, at no cost, to You.

Involuntary Unemployment and Involuntarily Unemployed mean unemployment due to economic reasons, including but not limited to, lockouts, individual and mass layoffs, or loss of income due to business failure or bankruptcy.

Unemployment Date means the date of Your actual termination from Your former employer.

B. In Order to Qualify for Payment (or Reimbursement):

To qualify You must satisfy each of the below requirements:

  • You must be an individual natural person who takes retail delivery of an Eligible Vehicle. Businesses, corporations and partnerships do not qualify.
  • Your Account loan or lease has not been closed, cancelled, terminated, refinanced or ended.
  • Your Unemployment Date must occur during the Agreement Period and continue without interruption from Your Unemployment Date.
  • Your Unemployment Date must be more than ninety (90) days after the Effective Date in the Schedule.
  • You must be Involuntarily Unemployed for more than thirty (30) consecutive days.
  • You must be Gainfully Employed on a regular full-time basis at least thirty (30) hours per week for at least twelve (12) consecutive weeks immediately prior to Your Unemployment Date. If there is a previous Involuntary Unemployment benefit paid, then You must be Gainfully Employed for eight (8) consecutive weeks immediately prior to any new period of Involuntary Unemployment.
  • You must have had no prior knowledge of any pending Involuntary Unemployment for You prior to the Effective Date shown on the Schedule.
  • You must have been eligible for resident state, local, or government unemployment benefits during Your period of Involuntary Unemployment.
  • You are not disabled due to sickness or accidental bodily injury.
  • You are not self employed.
  • You do not own more than 10% of the company that You are employed by.
  • You must have registered with the state unemployment office or the recognized unemployment private or governmental agency within thirty (30) days of Your Unemployment Date. You must be registered during the entire period of Your Involuntary Unemployment. You must have received payment for Your Involuntary Unemployment from this office or agency. You must be eligible to receive state benefits for the entire period of Your Involuntary Unemployment.
  • Your vehicle must be an Eligible Vehicle.

C. Benefit(s):

Provided You have qualified as specified in Section B above, We will pay You for each full calendar month of Your Involuntary Unemployment, the Account Payment due. For any Involuntary Unemployment period of less than thirty (30) days, We will pay You 1/30th of the Account Payment for each such day of covered Involuntary Unemployment during this less than thirty (30) day period.

If You have qualified as specified in Section B above, Your period of covered Involuntary Unemployment starts on the Unemployment Date and ends on the first of the following to occur:

  • You are Gainfully Employed;
  • We have paid under this Agreement the Maximum Number of Payments shown on the Schedule;
  • We have paid under this Agreement the Maximum Total Benefit shown on the Schedule;
  • You are self-employed in a new occupation;
  • Your Account loan or lease has been closed, cancelled, terminated, or ended; or
  • Upon Your death.

The amount of Our payment is limited to the following:

  • Your Account Payment to the Creditor.
  • Not to exceed $500.00 per payment.
  • Not to exceed a total of 9 Account Payment(s) under this Agreement.
  • The amount of Your Account Payment that was due immediately prior to Your Unemployment Date.

D. What is Not Covered Under This Agreement:

This Agreement does not apply to and will not provide payment if:

  • You do not meet all the qualifications contained in Section B;
  • You are an active Gainfully Employed employee of GM.
  • The Account loan or lease is not used for the purchase or lease of the vehicle shown in the Schedule.
  • The Account loan or lease is a fleet sale or lease.
  • The vehicle is financed or leased to a business, corporation, partnership, utility, federal, state or local government, rental car company or any other organization owning and or operating fifteen (15) or more vehicles.
  • You retire, quit, resign, strike, or voluntarily terminate Your employment for any reason;
  • Your termination of employment is a result of willful misconduct, a transgression of some established and definite rule or law, a forbidden act, a dereliction of duty, where such transgression is willful, improper or wrongful behavior, or unacceptable job performance or behavior;
  • You are being paid by contract for Your efforts on behalf of another;
  • You are receiving termination or severance pay;
  • Your Involuntary Unemployment is due to Your medical or psychological disability, or due to pregnancy; or
  • You are laid off as a result of a normal and routine shutdown (i.e., an annual or regularly scheduled event after which You expect to be rehired) or terminated due to the completion of seasonal or temporary work as determined by Your occupation or place of employment.

E. How to File a Request for Benefit(s):

Call the Administrator at 1-888-778-9043 to request a benefit form. You may also go to www.cynosurefinancial.com and down load the request for benefits form.

You must report the claim within sixty (60) days of Your Unemployment Date or as soon as reasonably possible.

The Administrator will send the request for benefit form to You. The following required items, must be sent to the Administrator at P. O. Box 7691 St. Clair Shores, MI 48080 and be postmarked within ninety (90) days of Your Unemployment Date or as soon as reasonably possible.

  1. The fully completed request for benefit form.
  2. Verification that You have registered with a state unemployment office or recognized private or governmental agency and that You are receiving benefits from that office or agency. In the event You have been paid the maximum amount or number of benefits by this office or agency, then for any further payments by Us for the period You were not paid by this office or agency, We require that You submit to Us the same information and proof for this unpaid period of time as was required by this office or agency for their payment to You.
  3. A signed original letter, on employer letterhead, from Your former employer verifying Your Unemployment Date, the reason for Your unemployment, the length and amount of any severance pay received, as well as verification of Your length of employment, and the weekly hours worked, immediately prior to Your Unemployment Date.
  4. A copy of Your billing statement which identifies the Account Number, billing cycle, payment address, Account Payment amount due, and Account Payment due date.
  5. Should You become Involuntarily Unemployed as a result of a lockout, You must provide Us with continuing proof that Your Involuntary Unemployment is due to the lockout.
  6. Any other documentation that the Administrator may reasonably request.

F. Other Provision Applicable to This Agreement:

Neither Creditor's Nor Any Other Third Parties Have Any Rights Under This Agreement: Account Payments made to a Creditor or a third party on Your behalf, are intended solely for Your benefit. This Agreement shall not be construed to create, or give rise to, any rights against Us for any Creditor or third party.

Default: If it is discovered by Us subsequent to Our making any Account Payments that You were not entitled under the terms of this Agreement to have received an Account Payment(s) (or a portion thereof), then the Administrator shall be entitled to recover from You the amount of the Account Payment paid to which You were not entitled.

Dispute Resolution ? Arbitration: The Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning the Agreement. Under this Arbitration provision, You give up your right to resolve any dispute arising from the Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three (3) arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law.

To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the loss occurred or the dispute arose. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an "umpire." Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under the Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all matters arising out of or relating to the Agreement and all transactions contemplated by the Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of the Agreement.

No arbitration shall be brought to recover under the Agreement prior to the expiration of sixty (60) days after a fully completed request for benefit form has been furnished to the Administrator in accordance with the requirements of this Agreement.

Misrepresentation and Fraud: This Agreement may be cancelled if You conceal or misrepresent any material fact or circumstance concerning Your Involuntary Unemployment or Your period of Involuntary Unemployment.

Not Transferable: You may not assign or transfer this Agreement at any time. The rights under this Agreement are not transferable to any subsequent purchaser or lessee or any other person or entity to whom the vehicle shown on the Schedule is conveyed by operation of law or otherwise; including, without limitation, through repossession, death, or as a gift.

Tax Implications: You may be subject to federal, state, or local tax on any Account Payment made. You will receive a Federal Government 1099, if the sum of all payments exceeds $600 (USD) during a given calendar year.

Contact Information

Gillman Chevrolet of Harlingen

16408 US Highway 83

Harlingen, TX 78552
sales Sales:
(866) 581-8779
service Service:
(866) 599-7164
parts Parts:
(866) 979-0717

Hours

  • Monday: 9:00am-8:00pm
  • Tuesday: 9:00am-8:00pm
  • Wednesday: 9:00am-8:00pm
  • Thursday: 9:00am-8:00pm
  • Friday: 9:00am-8:00pm
  • Saturday: 9:00am-8:00pm
  • Sunday: closed