Irish_Reign
Junior Member
What is the name of your state (only U.S. law)?
New Hampshire
Long story short... bought a 2004 Dodge Durango for our girls in January. Also bought a warranty as the vehicle had 140k miles. Warranty good for 5 years or 100k miles. 90 day waiting period. 4.5 months and 4k miles later the engine blows up. Shop tears it down for warranty company and finds I had no fault in damage. Cannot pinpoint actual cause of malfunction. Warranty adjuster comes in and says claim denied because there is a Technical Service Bulletin issued by Dodge. Dodge verifies no such TSB exists. Then warranty company claims that rain water ran down windshield and into engine compartment which was then sucked into the fuel intake and caused hydrolock which bent one piston rod and broke another. They then deny claim due to "outside interference."
I file a complaint with State of NH AG office who gets involved. Warranty company now agrees to pay the $3,300 but wants me to sign the following release. Can anyone read this release and tell me what it is saying in plain english...??? Thanks
---------------------------------------------------------------------------
XXXXX XXXXXX V. XXXXXXX XXXXXXXXXX XXXXXX XXX
Page 1
GENERAL RELEASE AND SETTLEMENT AGREEMENT
I, XXXXXX XXXXXX, on my own behalf and on behalf of my heirs, agents, administrators and assigns (hereinafter the “Releasor”), for and in consideration of the sum of THREE THOUSAND THREE HUNDRED DOLLARS AND 00/100 ($3,300.00), do hereby release, remise and forever discharge, XXXXXXXXX XXXXXXXX XXXXXXXX XXX. as well as its directors, officers, shareholders, employees, agents, assigns, affiliates, subsidiaries, divisions, insurers, excess insurers, reinsurers and all other persons, firms and corporations (hereinafter the “Releasee”) from any and all liability for claims which were asserted or could have been asserted as of the date of execution of this Release with respect to Service Contract No. XXXXXXX-WD from all actions, accounts, agreements, causes of action, claims (specifically including, but not limited to, any and all claims involving negligence, intent, contract, covenant, consumer protection violations or express or implied warranties), liabilities of whatever name and nature, both in law and equity, and damages, including damages, both known and unknown, and any and all liens asserted or which may hereafter be asserted as a result of any such claim, which against Releasee the Releasor now has or ever had and more especially on account of or in any way arising out of the 2004 DODGE DURANGO LIMITED; VIN No. XXXXXXXXXXXX, including any such claims that have arisen before the execution of this Release out of the sale, purchase, resale or repurchase, function, repair, express or implied warranties and any extended service contract associated with same.
This Release is specifically intended to extinguish all incidents, all inchoate rights of recovery, in addition to all other claims released and/or extinguished related to Claim Number XXXXXXXXXX.
By signing this Release, it is expressly understood and acknowledged that I, XXXXXX XXXXXXXX, have read this agreement with care and that I am aware that by signing this Release, I voluntarily surrender all rights and claims and causes of action against the Releasee and or the entities mentioned in the prior paragraph and any and all rights and claims that may exist now or may arise in the future as a result of the damage which we claim to have sustained. Knowing this, I sign this agreement freely without duress. I further acknowledge that no representation of fact or opinion has been made to me by anyone, which has in any manner induced me to agree to this settlement.
By signing this Release, it is understood that the repairs to the 2004 Dodge Durango Limited will be made by XXXXXXX XXXXXXX XXXXXXX. and that no further claim regarding these repairs will be honored.
This Release contains the entire agreement between the parties hereto and that the terms of this Release are contractual and not a mere recital. There is no agreement or compromise on the part of the aforementioned Releasee to do, or to admit to do, any act or thing not herein XXXXXXX XXXXXX V. XXXXXXXXXXX XXXXXXXX XXXXXXXX XXX
Page 2
mentioned and that said Releasee denies any liability therefore and intends to merely avoid litigation and buy its peace.
It is further understood and agreed, the above consideration is in full settlement of disputed claims and any and all damages or claims of any nature whatsoever of the undersigned.
WITNESS my hand and seal this day of 2014.
XXXXXXX XXXXXXXXXX
STATE OF )
) ss:
COUNTY OF )
Personally appeared before me the above named known to me to be the person whose name is signed above or who produced as identification ___________________, and who swore that he acknowledges he has read the foregoing document in its entirety, and that he understands and agrees to its terms.
SWORN TO AND SUBSCRIBED, before me, this ____ day of _________________________, 2014.
____________________________________
Notary Public
{seal} Print Name:
New Hampshire
Long story short... bought a 2004 Dodge Durango for our girls in January. Also bought a warranty as the vehicle had 140k miles. Warranty good for 5 years or 100k miles. 90 day waiting period. 4.5 months and 4k miles later the engine blows up. Shop tears it down for warranty company and finds I had no fault in damage. Cannot pinpoint actual cause of malfunction. Warranty adjuster comes in and says claim denied because there is a Technical Service Bulletin issued by Dodge. Dodge verifies no such TSB exists. Then warranty company claims that rain water ran down windshield and into engine compartment which was then sucked into the fuel intake and caused hydrolock which bent one piston rod and broke another. They then deny claim due to "outside interference."
I file a complaint with State of NH AG office who gets involved. Warranty company now agrees to pay the $3,300 but wants me to sign the following release. Can anyone read this release and tell me what it is saying in plain english...??? Thanks
---------------------------------------------------------------------------
XXXXX XXXXXX V. XXXXXXX XXXXXXXXXX XXXXXX XXX
Page 1
GENERAL RELEASE AND SETTLEMENT AGREEMENT
I, XXXXXX XXXXXX, on my own behalf and on behalf of my heirs, agents, administrators and assigns (hereinafter the “Releasor”), for and in consideration of the sum of THREE THOUSAND THREE HUNDRED DOLLARS AND 00/100 ($3,300.00), do hereby release, remise and forever discharge, XXXXXXXXX XXXXXXXX XXXXXXXX XXX. as well as its directors, officers, shareholders, employees, agents, assigns, affiliates, subsidiaries, divisions, insurers, excess insurers, reinsurers and all other persons, firms and corporations (hereinafter the “Releasee”) from any and all liability for claims which were asserted or could have been asserted as of the date of execution of this Release with respect to Service Contract No. XXXXXXX-WD from all actions, accounts, agreements, causes of action, claims (specifically including, but not limited to, any and all claims involving negligence, intent, contract, covenant, consumer protection violations or express or implied warranties), liabilities of whatever name and nature, both in law and equity, and damages, including damages, both known and unknown, and any and all liens asserted or which may hereafter be asserted as a result of any such claim, which against Releasee the Releasor now has or ever had and more especially on account of or in any way arising out of the 2004 DODGE DURANGO LIMITED; VIN No. XXXXXXXXXXXX, including any such claims that have arisen before the execution of this Release out of the sale, purchase, resale or repurchase, function, repair, express or implied warranties and any extended service contract associated with same.
This Release is specifically intended to extinguish all incidents, all inchoate rights of recovery, in addition to all other claims released and/or extinguished related to Claim Number XXXXXXXXXX.
By signing this Release, it is expressly understood and acknowledged that I, XXXXXX XXXXXXXX, have read this agreement with care and that I am aware that by signing this Release, I voluntarily surrender all rights and claims and causes of action against the Releasee and or the entities mentioned in the prior paragraph and any and all rights and claims that may exist now or may arise in the future as a result of the damage which we claim to have sustained. Knowing this, I sign this agreement freely without duress. I further acknowledge that no representation of fact or opinion has been made to me by anyone, which has in any manner induced me to agree to this settlement.
By signing this Release, it is understood that the repairs to the 2004 Dodge Durango Limited will be made by XXXXXXX XXXXXXX XXXXXXX. and that no further claim regarding these repairs will be honored.
This Release contains the entire agreement between the parties hereto and that the terms of this Release are contractual and not a mere recital. There is no agreement or compromise on the part of the aforementioned Releasee to do, or to admit to do, any act or thing not herein XXXXXXX XXXXXX V. XXXXXXXXXXX XXXXXXXX XXXXXXXX XXX
Page 2
mentioned and that said Releasee denies any liability therefore and intends to merely avoid litigation and buy its peace.
It is further understood and agreed, the above consideration is in full settlement of disputed claims and any and all damages or claims of any nature whatsoever of the undersigned.
WITNESS my hand and seal this day of 2014.
XXXXXXX XXXXXXXXXX
STATE OF )
) ss:
COUNTY OF )
Personally appeared before me the above named known to me to be the person whose name is signed above or who produced as identification ___________________, and who swore that he acknowledges he has read the foregoing document in its entirety, and that he understands and agrees to its terms.
SWORN TO AND SUBSCRIBED, before me, this ____ day of _________________________, 2014.
____________________________________
Notary Public
{seal} Print Name:
