Definitions:Throughout this Agreement, You and Your refer to the Buyer. GM, We, Us, and Our refer to General Motors Company. In addition, when in bold certain words and phrases are defined as follows:
Buyer means the top line signer listed on the Retail Installment Sale Contract or other financing document. If the vehicle purchase is not financed, the Buyer is the registered and titled owner of the vehicle as of the Delivery Date.
Administrator means cynoSure Financial, Inc. You may contact the Administrator if You have questions regarding this Agreement or would like to return Your Eligible Vehicle. The Administrator can be reached by phone at 1-888-778-9043 or mail at PO Box 7691, St. Clair Shores, MI 48080.
Agreement Period means a period of sixty (60) days which starts on the Delivery Date of Your Eligible Vehicle.
Delivery Date means the date You take possession of Your Eligible Vehicle.
Eligible Vehicle means a new 2009 or 2010 model year Chevrolet, Buick, GMC or Cadillac motor vehicle (excluding medium duty vehicles) that is purchased from a Participating Dealership located in the United States. Saab, Saturn, Hummer and Pontiac motor vehicles are not eligible and thus, are not Eligible Vehicles.
Participating Dealership means a motor vehicle dealership located in the United States that (1) is authorized in writing by GM (or one of its subsidiaries) to advertise for sale and sell new GM motor vehicles, and (2) has elected to participate in the GM 60 Day Satisfaction Guarantee program; and
Buyback Price means the actual price you paid to the Participating Dealer for the Eligible Vehicle itself (after any rebates, discounts, employee discounts, or supplier discounts) plus applicable sales taxes you actually paid. For vehicles purchased under the terms of the GM New Vehicle Purchase Program (GMS) or the GM Supplier Vehicle Purchase Program (GSU), the Buyback Price is the GMS or GSU price listed on the Customer-Dealer Agreement Sheet (after any rebates or incentives), plus sales taxes You actually paid. Vehicles purchased under the GM Company Owned Vehicle Purchase Program are not eligible. Nothing else is included in the Buyback Price. The Buyback Price does not include the costs of any taxes (other than sales taxes), licensing, titling or registration fees, insurance, dealer installed accessories, aftermarket products or add-on equipment (other than factory options ordered with the vehicle), dealer fees of any kind, ancillary products including without limitation extended warranties or service contracts, finance charges, any negative equity (the amount by which a loan on a trade-in vehicle exceeds the dealer’s purchase price for the trade-in) or any other expenses incurred by the Buyer in relation to taking delivery of the Eligible Vehicle. The Buyback price cannot exceed the Manufacturer’s Suggested Retail Price (”MSRP”) of the vehicle plus sales tax.
Back to TopIn Order for You to Qualify for the Repurchase of Your Vehicle:In order for You to qualify for the repurchase of Your Eligible Vehicle:
The Eligible Vehicle must be a new 2009 or 2010 model. You have purchased an Eligible Vehicle and taken Delivery between September 14, 2009 and November 30, 2009. You must be able to deliver to the Participating Dealership a clean and unencumbered title to the Eligible Vehicle, which title has remained in Your name since the Delivery Date of the Eligible Vehicle. You must be an individual natural person who is the title owner of the Eligible Vehicle. Businesses, corporations and partnerships do not qualify. Your Eligible Vehicle’s odometer must not have more than 4,000 miles since the Delivery Date. Your Eligible Vehicle must have been registered and insured in the Buyer’s name since the Delivery Date. Your Eligible Vehicle must have no more than $200 of damage as determined by GM or GM’s agent. Such damage may include, without limitation, internal or external scratches, scrapes, dents, odors, rips, burns, etc. Your Eligible Vehicle may not be leased. Your Eligible Vehicle must have been returned to a Participating Dealership where You purchased it, in the same working order as it was on the Delivery Date. Your Eligible Vehicle must not have incurred damage or non-warranted repairs in excess of $200, regardless of whether such damage has been repaired. Your Eligible Vehicle must not have been subject to any liens or other security interests other than a lien for the original financing used to purchase the Eligible Vehicle. A minimum of thirty (30) days must have passed since the Delivery Date of Your Eligible Vehicle. Only one Eligible Vehicle may be returned per household. Your Eligible Vehicle must pass a purchase inspection conducted by GM or GM’s agent. Back to TopBenefit(s):Provided You have qualified as specified in this Agreement, the Participating Dealership will pay You the Buyback Price for Your Eligible Vehicle if it is returned to the original selling Participating Dealership between day thirty-one (31) of the Delivery Date and day sixty (60) of the Delivery Date. If day sixty (60) falls on a holiday, Saturday, or Sunday, then the Eligible Vehicle may be returned on the next business day.
Back to TopWhat 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 this Agreement; Your vehicle is purchased under the GM Company Owned Vehicle Purchase Program (GMU); Your vehicle purchase is part of a fleet sale or commercial sale; Your vehicle is registered to a business, corporation, partnership, utility, federal, state or local government, rental car company or any other organization; You return an Eligible Vehicle and repurchase a vehicle you traded-in when you purchased the Eligible Vehicle; You trade in an Eligible Vehicle and then repurchase it later; Your vehicle was a dealer demonstrator or other dealer owned vehicle; or You die. Back to TopHow to File a Request for Benefit(s):Call the Administrator at 1-888-778-9043 if You have decided to return Your Eligible Vehicle. You may also go to www.cynosurefinancial.com or contact the Administrator by email.
The Administrator will fax, email or mail to You a “Request for Benefit” form. To qualify for the purchase of your Eligible Vehicle, the following required items must be faxed, emailed or provided to the Administrator. The “Request for Benefit” form will provide You with the fax number, email address or mailing address to use.
In addition to the fully completed Request for Benefit form. You need to provide:
A copy of the Bill of Sale, Retail Installment Sale Contract or other transaction documentation showing:
a) You as the top line signer;
b) Your Eligible Vehicle Delivery Dat;
c) The Make, Model, Model Year and Vehicle Identification Number of the Eligible Vehicle; and
d) The Creditor/Lien holder (if any) of Your Eligible Vehicle.
A copy of Your current Driver’s License verifying You are the Buyer.
A copy of the Registration showing the vehicle is registered in Your name.
A copy of Your Proof of Insurance verifying Your Eligible Vehicle was insured since the Delivery Date.
Any other documentation GM or the Administrator may reasonably request.
Once the Administrator has reviewed and verified Your documentation, You will be contacted to set up a date and time for You to take Your Eligible Vehicle back to Your original selling GM Dealership to be inspected and to verify all of the conditions in Section B have been met.
Back to TopOther Provisions Applicable to This Agreement:This Agreement is the entire agreement between the parties concerning its subject matter, supersedes all prior agreements and understandings, whether or not written, and is not intended to confer upon any person other than the parties, including any of Your creditors, any rights or remedies hereunder.
Dispute Resolution – Arbitration: The Agreement requires binding arbitration if there is an unresolved dispute between You and GM or the Administrator 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 all 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 GM or the Administrator 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. Each party 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 the parties. Unless otherwise agreed to by the parties, 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 Michigan (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. Venue shall be appropriate in the state of Michigan.
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 Eligible Vehicle.
Not Transferable: You may not assign or transfer this Agreement at any time. The rights under this Agreement are not transferable to any subsequent Buyer 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 benefit paid. You should contact a tax advisor/consultant if You have any questions regarding the tax implications associated with this program.