Various provisions in this Device Protection Program (Agreement) restrict coverage. Read the entire Agreement carefully to determine rights, duties and what is and is not covered. This is the complete Agreement, if you have questions regarding this Agreement we will be pleased to answer them.
Equipment failure evaluations performed by the Communication Service Provider, Dealer and/or the manufacturer must be confirmed prior to making the claim for product replacement.
All claims must be authorized by the Administrator before replacements are made. All unauthorized claims will be denied. (See claims section)
- The Agreement term is monthly from the inception date and subject to the Waiting Period, unless the Administrator notifies You that your application has not been approved. No claim can be filed within the Waiting Period. Any replacement claim filed within the Waiting Period will void this Agreement.
- This Agreement will renew automatically, without interruption, at the expiration of monthly service fee is paid each month.
A non-refundable seventy-nine dollar ($79) fee will be collected for each authorized claim for the Feature Phones and a non-refundable one hundred ninety-nine ($199) fee for Smartphones. This Agreement is not transferable.
In return for your payment of the monthly service fee, you are subject to all of the terms and conditions of this Agreement. We will replace the device due to a Loss, except For those covered under the manufacturer’s warranty and those causes of Loss listed in Section lll – Exclusions. We agree to make good any Loss covered under this Agreement, Provided Loss was sustained during the Agreement period.
- Definitions as used in this Agreement:
- “Administrator” means Chariton Valley.
- “Authorized Service Facility,” means the location or locations that are registered and serve as a repair or replacement facility for the Administrator.
- “Chariton Valley” means the company appointed to adjust the claims.
- “Communication Service Provider” Chariton Valley.
- “Covered Product” as used in this Agreement means wireless telephones, Smartphones, Feature and related standard equipment owned by You and actively registered on a Communication Service Provider’s wireless network. Covered product is limited to one telephone, one standard battery and one standard home charger.
- “Agreement Holder” means the customer on record with Chariton Valley that has on file a complete description of the Covered product and who has, before the date of the Loss in question, paid all applicable fees payable with respect of the Covered Product.
- “Failure” means Mechanical or Electrical Failure of Covered Product to operate due to a faulty part of workmanship when operated according to the manufacturer’s instructions. Failure does not include failure of Covered Product to operate due to normal wear and tear.
- “Loss” means loss of usage, including but not limited to, Failure.
- “Pollutants” means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, chemicals, artificially produced electric fields, magnetic fields, electromagnetic field, sound waves, microwaves, all artificially produced ionizing or non-ionizing radiation and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
- “Waiting Period,” means the thirty-day (30) period that begins on the Agreement inception date.
- “We”, “Us” and “Our” means Chariton Valley.
- ”You” and “Your” means the Agreement Holder.
We will not pay for Loss caused directly or indirectly by any of the following. Such Loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the Loss.
- Nuclear Hazard, meaning any weapon employing atomic fission or fusion; or nuclear reaction or radiation or radioactive contamination from any other cause.
- War, including undeclared or civil war; warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellions, terrorism, revolution, usurped power of action taken by government authority in hindering or defending against any of these.
- Governmental action, meaning seizure or destruction of property by order governmental authority.
- Indirect Loss, meaning any delay, loss of market, loss of use or any other consequential loss, interruption of business or inconvenience; an increase of Loss caused by or resulting from the delay in replacing Covered Product due to the interference at the location of repair or replacement by strikers, other persons or any other cause.
- Loss due to acts caused by or resulting from rodents, insects, vermin or other animals.
- Loss due to the intentional parting of Covered product by you or anyone entrusted with the property.
- Failure due to obsolescence, including technological obsolescence of the Covered Product.
- Intentional, dishonest, fraudulent or criminal acts by You, any of Your authorized representatives, anyone You entrust with the property and any of their family members, or anyone else with an interest in the property for any purpose, acting alone or in collusion with others.
- Failure caused by cosmetic change (custom faceplates) or change or enhancement in color, texture, finish, expansion, Agreemention, or any cosmetic damage of Covered product however caused, including, but not limited to, scratches, marring, and cracked housing or casing that occur to Covered Product that does not affect the mechanical or electrical function of the Covered Product.
- Failure resulting from faulty repair, adjusting, installation, servicing, or maintenance.
- The discharge, dispersal, seepage, migration, release or escape of Pollutants.
- Unauthorized repair or replacement.
- Preventative maintenance or preferential adjustments.
- Use of the Covered Product in a manner for which it was not designed or intended by the manufacturer, or failure to follow the manufacturer’s installation, operation or maintenance instructions.
- Error or omission in design, programming, system configuration, faulty construction, or any original defect in any Covered Product, or recall by the manufacturer.
- Loss to batteries (unless lost as part of wireless telephone Loss), antennas, external housing or casings that do not affect the mechanical or electrical function of Covered Product.
- Covered Product whose Serial Number, IMEI, HEX, ESN MEID has been altered, defaced or removed.
- Failure due to normal wear and tear, gradual deterioration, inherent vice or latent defects.
- Loss during the Waiting Period or arising out of an occurrence during the Waiting Period.
- Contraband or property in the course of illegal transportation or trade.
- Any antenna or wiring that is attached to, or protrudes from, or is on the exterior of any vehicle or watercraft.
- Property in transit to you from a manufacturer or seller that is not the Authorized Service Facility.
- Any accessories.
- Losses that are recoverable under the manufacturer’s warranty.
- Loss that occurs during a period of suspension of service from the Communication Service Provider (other than a suspension related to your reporting obligations under this Agreement) until your account with the Communication Service Provider is brought to active status.
- Loss due to the Communications Service Provider’s inability to provide adequate service for wireless telephone use.
- Covered Products that are not purchased from Chariton Valley
- Covered Product exchanges that are not registered with the Administrator.
- Non-payment of Your monthly service free.
- Failure occurring before or after the Agreement Period.
- Customer misuse and abuse.
Administrator may cancel this Agreement at any time if it is determined that You or Your equipment does not qualify, by mailing or delivering written notice of cancellation, to You at the last mailing address known to them. You may cancel this Agreement within the first fifteen (15) days following the Agreement Inception date, Any monthly service fee not paid within the proper payment cycle will result in automatic cancellation of this Agreement.
- Limits of Liability
- The Chariton Valley will not pay more than the replacement value of the Covered Product, not to exceed one thousand dollars ($1000), less the applicable deductible, for replacement due to Loss or damage to the Covered Product for any one enrolled Agreement Holder.
- A maximum of 1 (one) replacement for Failure will be allowed per 12 months.
- This Agreement will be automatically renewed if the Covered Product is replaced. The monthly service fee billing will continue and a new waiting period will begin on the date the Covered Product is replaced.
The coverage territory is the United States and a Loss will be adjusted under the U.S. currency at the time of the settlement.
If any person or organization to or for whom the Administrator makes payment under this Agreement has rights to recover damages from another, those rights are transferred to the Administrator. That person or organization must do everything necessary to secure the Administrator’s rights and must do nothing after a Loss to impair them. Any recovery or salvage on a Loss will accrue, entirely to the Administrator’s benefit, until the sum paid by the Administrator has been made up. Upon request from the Administrator, you will return to the Chariton Valley any damaged equipment.
It is intended that the Claims Center’s right to adjudicate every claim, which is to verify that the claim is within the Agreement term, coverage cost, has not been preempted. Coverage for any claim that has not been pre-approved in accordance with the provisions, terms and conditions for this Agreement will be denied.
- Equipment failure evaluations performed by the Communication Service Provider, Dealer and/or manufacturer must be confirmed prior to making your claim for product replacement.
- Have your Agreement and your serial number of the Covered Product available.
- Contact Chariton Valley at (660) 395-9000.
- If requested, you must permit Chariton Valley to inspect the property and records proving Loss and must cooperate in the investigation of such claim.
- In the event of a covered Loss, You may be required to provide a copy of the original bill of sale.
- If requested, you must permit Chariton Valley to question you, at such times as may be reasonably required, about any matter relating to this coverage or Your claim, including your books and records.
- If requested, you must be able to provide the Communication Service Provider’s Account billing information for the most recent three (3) months.
- You will do what is reasonably necessary to minimize the Failure to protect the Covered Product from any further damage.
- You must report the Loss promptly to Chariton Valley not later than ten (10) days, Your claim will be denied.
- You must provide Chariton Valley with all of the necessary information required to authorize your claim within thirty (30) days of the date that You report Your Loss to Chariton Valley. Failure on Your part to take delivery of equipment within thirty (30) days of claim authorization from Chariton Valley will result in denial of your claim under this Agreement.
- You must provide Chariton Valley with a detailed proof of Loss statement within thirty (30) days of the date of Loss prior to receiving replaced equipment. Proof of Loss requirements are satisfied once all requested information has been received by Chariton Valley as outlined in this Agreement. You may fax to (660) 395-8900.
- In the event of a covered Loss Chariton Valley will reimburse the Authorized Service Facility for its cost to replace Your Covered Product.
- A valid claim will be authorized when you have paid the deductible.
- You are responsible for payment of any items not covered by the Agreement.
- Any Agreement Holder canceling the deductible payment will be responsible for payment for the full amount of the value of the Covered Product and any additional charges incurred by the Administrator.
- Additional Terms and Conditions
- No person or organization, other than you, having custody of Covered product will benefit from this coverage.
- You may not transfer this Agreement.
- This coverage is void in any case of fraud, intentional concealment or misrepresentation of a material fact, at any time, concerning:
- this coverage;
- the Covered Product:
- Your interest in the Covered Product; or
- a claim under this Agreement
- You will not be entitled to receive cash in lieu of actual replacement equipment.
- If Chariton Valley is unable to locate the Agreement Holders Covered Product Chariton Valley will replace it with equipment of like kind or quality.
- Replacement equipment may not be exchanged, returned or replaced for any reason other than the inability to properly activate the replaced equipment as determined by the Authorized Service Facility.
- This Agreement will be voided if the Covered Product’s Serial Number, IMEI, HEX or ESN has been altered, defaced or removed.
- This Agreement will be voided if the Covered Product’s exchange is not registered with the Administrator.
- This Agreement will be voided if the Agreement holder cancels the deductible payment.
- The Agreement holder will be responsible for all shipping costs of the Covered Product to the Authorized Service Facility.
The administrator does not authorize any other person to assume for them any other obligation or liabilities stated in the Device Protection Program (Agreement).