Device Payment Plan Retail Installment Contract
SUBJECT TO STATE REGULATION
SELLER (CREDITOR): Spectrum Mobile Equipment, LLC, on behalf of itself and its service providing affiliates (collectively, "Spectrum") 400 Washington Blvd, Stamford, CT 06902, 833-267-6094.
AGREEMENT # ***OrderNumber***
SPECTRUM ACCOUNT # ***AccountNumber***
BUYER'S NAME: ***CustomerName*** , the Spectrum Account Holder
BUYER'S CONTACT NUMBER: ***ContactNumber***
BUYER'S ADDRESS: ***CustomerAddress***
DESCRIPTION OF DEVICE(S): Apple TV /[Apple TV Model] (collectively, "Device")
YOU, meaning the Buyer named above, agree to pay US, the Seller/Creditor named above the Total Sale Price of the Device identified above according to the terms of this Spectrum Smart Device Payment Plan Retail Installment Contract (referred to herein as this "Device Payment Plan").
ANNUAL PERCENTAGE RATE
The cost of your credit as a yearly rate
0%
FINANCE CHARGE
The dollar amount the credit will cost you
$0.00
AMOUNT FINANCED
The amount of credit provided to you
$***AmountFinanced***
TOTAL OF PAYMENTS
The amount you will have paid after you have made all payments as scheduled
$***TotalOfPayments***
TOTAL SALE PRICE
The total cost of your purchase on credit including your down payment of $0.00
$***TotalSalePrice***
PLEASE SEE SPECTRUM RESIDENTIAL GENERAL TERMS AND CONDITIONS OF SERVICE AND DEPENDING ON THE SPECIFIC SPECTRUM SERVICE YOU ARE USING WITH THE DEVICE AT ANY GIVEN TIME, THE APPLICABLE SPECTRUM RESIDENTIAL MOBILE, INTERNET, CABLE OR BUSINESS SERVICES TERMS AND CONDITIONS (COLLECTIVELY, THE "TERMS OF SERVICE") FOR ANY ADDITIONAL INFORMATION ABOUT NONPAYMENT, DEFAULT, ANY REQUIRED PAYMENT IN FULL BEFORE THE SCHEDULED PAYMENT DATES AND PREPAYMENT TERMS WITH RESPECT TO SUCH APPLICABLE SPECTRUM SERVICE USED WITH THE DEVICE. PLEASE SEE YOUR PAYMENT SCHEDULE RIDER BELOW FOR THE SPECIFIC AMOUNT AND DATE OF FIRST PAYMENT, TOTAL NUMBER OF PAYMENTS, AND AMOUNT OF EACH PAYMENT. TERMS THAT ARE INITIALLY CAPITALIZED BUT NOT DEFINED HEREIN ARE DEFINED IN YOUR TERMS OF SERVICE AND WILL HAVE THE DEFINED MEANING GIVEN TO THEM IN SUCH OTHER DOCUMENTS.
THIS DEVICE PAYMENT PLAN GOVERNING RETAIL INSTALLMENT PAYMENTS FOR THE SPECTRUM DEVICE(S) YOU ARE RECEIVING FROM SPECTRUM, INCLUDES A BINDING ARBITRATION PROVISION SET FORTH IN THE SPECTRUM RESIDENTIAL GENERAL TERMS AND CONDITIONS OF SERVICE, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
Your purchase of the Device hereunder shall be deemed acknowledgment that you have read and agreed to the Terms of Service. ANY PERSON WHO DOES NOT AGREE TO BE BOUND BY THIS DEVICE PAYMENT PLAN AND THE TERMS OF SERVICE MUST NOT OPEN THE DEVICE PACKAGING AND NOTIFY SPECTRUM'S CUSTOMER SERVICE AT 833-267-6094 FOR INSTRUCTIONS ON RETURNING THE DEVICE This Device Payment Plan and the Terms of Service constitute a legal binding document.
Spectrum regularly updates and amends the Terms of Service. You should consult Spectrum's website https://www.spectrum.com/policies/terms-of-service.html to be sure you remain in compliance.
ITEMIZATION OF AMOUNT FINANCED
1. CASH PRICE(excluding tax)
$ ***CashPrice***
2. DOWN PAYMENT(if applicable)
$0.00
3. FINANCE CHARGE
$0.00
4. AMOUNT FINANCED(the amount of credit provided to you on your behalf)
$***AmountFinanced***
* Note: Taxes are not included in Amount Financed. See Section 2 below for more information.
1. INCORPORATION OF TERMS OF SERVICE.
ALTHOUGH THE TERMS OF SERVICE ARE COMPRISED OF SEPARATE DOCUMENTS, EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE SECTIONS GOVERNING ARBITRATION, WAIVERS AND LIMITATIONS OF LIABILITY, DISCLAIMER OF WARRANTIES, DISPUTES, AND OTHER PROVISIONS OF YOUR TERMS OF SERVICE ARE HEREBY INCORPORATED BY THIS REFERENCE IN THIS AGREEMENT, AND SHALL SURVIVE TERMINATION OF YOUR TERMS OF SERVICE. SPECIFICALLY, ANY DISPUTES UNDER THIS AGREEMENT SHALL BE RESOLVED IN ACCORDANCE WITH YOUR TERMS OF SERVICE UNDER THE HEADING: "ARBITRATION." OUTSIDE OF ANY ARBITRATION BETWEEN THE PARTIES, WHICH REMAIN GOVERNED SOLELY BY THE ARBITRATION CLAUSE CONTAINED IN THE TERMS OF SERVICE, IN THE EVENT OF A CONFLICT BETWEEN THIS DEVICE PAYMENT PLAN AND YOUR TERMS OF SERVICE, THE TERMS OF THIS DEVICE PAYMENT PLAN SHALL CONTROL WITH RESPECT TO THE PURCHASE OF YOUR DEVICE.
2. PAYMENTS.
Payment is due on the due date set forth in your bill statement as established under the Terms of Service. We will bill your Spectrum account every month the amount due. If any payment authorization fails for the full amount due for any Spectrum Service(s), the Device or other device(s) connected to your Spectrum account then we, at our sole discretion in accordance with and subject to applicable law, may suspend or disconnect any or all Spectrum Service(s) (or any portion thereof) provided by Spectrum. Your specific payment schedule under this Device Payment Plan is provided in the Payment Schedule Rider below. Payments made in excess of the Monthly Payment will be applied against your balance due on your next billing statement for your Spectrum Service(s), including applicable taxes and other fees.
3. FULL BALANCE PAYMENT.
You may pay the total amount due under this Device Payment Plan at any time before the final scheduled payment is due, and you will not have to pay a penalty.
4. RISK OF LOSS; SALES FINAL.
You bear the entire risk of loss, theft or damage to the Device from any cause during the term of this Device Payment Plan. Even if the Device is lost, stolen or damaged, you remain obligated for the total of the payments.
SALES OF ANY DEVICE(S) PURCHASED HEREUNDER ARE FINAL UPON THE OPENING OF THE RESPECTIVE PACKAGING THEREOF, AND SPECTRUM DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE RETURNS, REPLACEMENT, REPAIR, OR MAINTENANCE OF SUCH DEVICE(S), WITH RESPECT TO WHICH YOU SHALL LOOK EXCLUSIVELY TO THE MANUFACTURER OF SUCH DEVICE(S). SPECTRUM HEREBY DISCLAIMS ANY AND ALL CLAIMS ARISING FROM OR ASSOCIATED WITH THE FAILURE, OPERABILITY, PERFORMANCE, DEFECTS OR LOSS, LIABILITY OR DAMAGES ARISING FROM USE OF ANY DEVICE, ANY OF WHICH SHALL REMAIN MATTERS EXCLUSIVELY BETWEEN YOU AND THE MANUFACTURER OF SUCH DEVICE.
5. DEFAULT AND REMEDIES.
We shall have the right to suspend the service to and functionality of your Device(s) and/or terminate this Device Payment Plan and/or any other Spectrum Service(s) for any one or more of the following reasons (each a "Default"):
i. failure to pay amounts due under this Device Payment Plan or under the Terms of Service with respect to any Service provided to you by Spectrum;
ii. you breach any covenant, representation or warranty hereunder;
iii. you default in the performance of any other obligation under applicable law that is not cured within ten (10) days after written notice to you (subject to any applicable laws requiring a different notice and cure period);
iv. you fail to subscribe to both Spectrum's Video and Internet Services; or
v. Spectrum terminates your Spectrum Service(s) for any other event of Default under this Device Payment Plan or the Terms of Service.
To the extent permitted by applicable law, upon a Default we have the right to require you to pay immediately (A) the entire remaining balance in full under this Device Payment Plan, and (B) any actual and reasonable costs of collection.
6. ASSIGNMENT.
We may, without your consent, and without giving you notice, assign or transfer this Device Payment Plan or any payment or any other sums due or to become due hereunder. In such event our assignee will have, to the extent transferred or assigned to it, all our rights, powers, privileges and remedies under this Device Payment Plan.
You agree you will not (A) sell or offer to sell or transfer or enter into any lease with respect to the Device covered by this Device Payment Plan without our prior written consent nor (B) assign this Device Payment Plan or any interest in it to another party.
7. ELECTRONIC ACCESS TO AGREEMENT/OTHER COMMUNICATIONS.
By accepting below, you acknowledge that you have access to Spectrum's Website at, https://www.spectrum.com/policies/terms-of-service.html where a standard form of this Device Payment Plan and related privacy and other disclosures will be available to you, and you agree to receive any disclosure, notice, or other communication via email. If at any time after your order you want a copy of this Device Payment Plan, you may call 833-267-6094 and request a copy be emailed to you.
8. BUYER'S RIGHT TO CANCEL:
If you do not want the Device purchased under this Device Payment Plan, then you may be eligible to return the Device and request a refund. You must return your Device in accordance with our Return Policy available at https://www.spectrum.com/policies/terms-of-service/returnpolicy.html to cancel your obligations under this Device Payment Plan. If you do not return your Device in accordance with the Return Policy, you will be responsible for all outstanding charges under this Device Payment Plan and it will remain in full force and effect.
NOTICE TO BUYER
1. Do not accept this Device Payment Plan before you read it or if it contains any blank spaces for information that is available at the time you accept this Device Payment Plan.
2. You are entitled to a completely filled-in copy of this Device Payment Plan. Keep it to protect your legal rights.
3. Under the law, you have the right to pay off in advance the full amount due at any time. If you desire to prepay the full amount due, the amount due will be furnished upon request.
4. This contract is covered by state and federal laws, and you have the rights of a buyer under such laws.
5. ANY HOLDER OF THIS RETAIL INSTALLMENT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED UNDER THIS DEVICE PAYMENT PLAN OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
6. This is a retail installment sale agreement and not a lease. You have a right to a copy of this Device Payment Plan; keep it to protect your rights. You may pay off the full amount at any time. Please review the entire agreement, including the Notice to Buyer provisions, before accepting. We have a limited return policy which can be found at https://www.spectrum.com/policies/residential-terms.html.
PAYMENT SCHEDULE RIDER
• YOUR PAYMENT SCHEDULE WILL BE:
• Number of Payments: ***NumberOfPayments***
• Amount of Monthly Payments per device: $***MonthlyPaymentAmount*** (Note that all applicable taxes will be due at the time you place your order.)
• Monthly Payment Due Date: Payments are due monthly, by the due date specified in your bill statement (see your Terms of Service for bill cycle date details). In the event you are required to make an advance payment, such payment will include the monthly amount due for the Device.
• No Late Charges: No late charges will be assessed under the terms of this Installment Agreement, see Section 5 of this Device Payment Plan for more information on Default.
• Prepayment: You may pay off all of your debt under this Device Payment Plan early without penalty.
DEVICE PAYMENT PLAN AGREEMENT / RETAIL INSTALLMENT OBLIGATION
I acknowledge I have read this agreement and received a signed copy from the seller,
Spectrum Mobile Equipment, LLC.
_________________________________
Buyer's Signature (date)