Reimbursement Plan
I Requirements for ReimbursementIf the following requirements are met, you are eligible to receive reimbursement under this reimbursement plan.
1. You own or have owned a subject vehicle (1984-1985 Mazda 626 equipped with diesel engine).
2. You have paid for repairs resulting from the premature failure of the cylinder head gasket of the subject vehicle.
3. The repair has been paid for on or before February 28, 1986.
4. You have an original or a legible copy of the paid repair order or invoice showing;
A. description of the repair resulting from the premature failure of the cylinder head gasket of the subject vehicle.
B. itemized parts and labor charges, C. vehicle model, year and vehicle identification number (chassis number),
D. earlier date of either first use or retail delivery of the vehicle, E. repair date, F. repair mileage, G. name, address and telephone number of the authorized Mazda Dealer or licensed repair shop where such repairs were performed.
REIMBURSEMENT APPLICATION FORM:
II. Procedures for Reimbursement Request
If you wish to apply for reimbursement under this reimbursement plan, please;
1. fill in the reimbursement application form clearly, 2. mail this application form together with a legible copy of the paid repair order or invoice using the attached envelope, postmarked no later than May 31, 1986,
3. retain copies of the paid repair order or invoice and this application form for your record.
If you wish to correspond with Mazda regarding this reimbursement plan, please write to the address described on the attached envelope, referring to your vehicle identification number (chassis number).
Any reimbursement application form not filled out completely, illegible or without the legible copy of the paid repair order or invoice will be returned for completion.
If Mazda has any questions concerning your application for reimbursement you may be contacted.
GENERAL RELEASE
The undersigned has submitted a form provided by Mazda Corporation ("MC") requesting that MC pay a specified amount (the "Requested Amount") for damages incurred as a result of a defective cylinder head gasket in an automobile manufactured by MC and purchased by the undersigned. This General Release is executed by the undersigned in full and complete settlement of any and all claims that the undersigned may have as a direct or indirect result of damage caused by any defect in the cylinder head gasket.
1. In consideration of MC's payment of the Requested Amount, the undersigned hereby forever releases and discharges MC, its officers, directors, servants, agents, employees, divisions, subsidiaries, and affiliated companies, and its authorized agent Mazda (North America) Inc. ("MANA"), its distributors (both foreign and domestic), its authorized dealerships, and any of their respective officers, directors, servants, agents, employees, divisions, subsidiaries and affiliated companies, as applicable, from any and all actions, causes of action, obligations, costs, attorneys' fees, damages, losses, claims, liabilities and demands. of whatever character, to the date hereof, including, without limiting the generality of the foregoing, claims for repair costs, breach of warranty (express or implied), breach of contract (oral or written), strict products liability, negligence, fraud, misrepresentation (intentional or negligent), infliction of emotional distress (intentional or negligent), compensatory damages, consequential damages, and any other claims of every nature or kind whatsoever in any way connected with damages resulting from a defective cylinder head gasket.
2. It is further understood and agreed that the foregoing release extends to all claims, of every nature and kind whatsoever, known, suspected, or unsuspected, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Said section reads as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor."
3. It is further understood and agreed that this General Release shall be, governed by and construed under the laws of the State of California. If for any reason a court determines that the law of some other state or foreign jurisdiction shall apply to all or any part of this General Release, the parties hereby waive any provision similar to Section 1542 of the California Civil Code, whether the same be created by statute, rule, regulation, or judicial decision, that may apply in the state or other jurisdiction whose law is determined to govern.
4. It is further understood and agreed that this General Release shall be binding upon the heirs, administrators, successors and assigns of the undersigned.
DATE: , 1986