RETAIL INSTALLMENT CONTRACT
RETAIL INSTALLMENT SALE AGREEMENT / RETAIL INSTALLMENT
OBLIGATION
SUBJECT TO STATE REGULATION
SELLER (CREDITOR): Spectrum Mobile Equipment, LLC, on behalf of itself
and its service providing affiliates (collectively, "Spectrum") 400 Atlantic Street,
Stamford, CT 06901, (833) 224-6603.
AGREEMENT # 120789326
Spectrum MOBILE ACCOUNT # 1018708453
BUYER'S NAME: STEVEN POWELL, the Spectrum Account Holder
BUYER'S CONTACT NUMBER: (845) 381-0331:
BUYER'S ADDRESS: 28 SENIORS WAY, APT 216, MIDDLETOWN, NY,
109402963
DESCRIPTION OF MOBILE DEVICE: Samsung Galaxy A13 5G 64GB
Black/STEVE ("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 Mobile
Device Payment Plan Retail Installment Contract (referred to herein
as this "Device Payment Plan").
ANNUAL PERCENTAGE RATE 0%
The cost of your credit as a yearly rate
FINANCE CHARGE $0.00
The dollar amount the credit will cost
you
AMOUNT FINANCED $245.99
The amount of credit provided to you
TOTAL OF PAYMENTS $245.99
The amount you will have paid after
you have made all payments as
scheduled
TOTAL SALE PRICE $245.99
The total cost of your purchase on
credit including your down payment of
$0.00
PLEASE SEE THE APPLICABLE OF (i) THE SPECTRUM RESIDENTIAL
GENERAL TERMS AND CONDITIONS OF SERVICE AND THE SPECTRUM
RESIDENTIAL MOBILE TERMS AND CONDITIONS OF SERVICE OR (ii)
THE SPECTRUM BUSINESS MOBILE SERVICES AGREEMENT
(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 THE SPECTRUM MOBILE
SERVICE. 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 ACTIVATE
THE DEVICE AND SHALL NOTIFY SPECTRUM'S CUSTOMER SERVICE AT
(833) 224-6603 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
(A) CASH PRICE (excluding tax): $245.99
(B) DOWN PAYMENT (if applicable): $0.00
(C) FINANCE CHARGE: $0.00
(D) AMOUNT FINANCED (the amount $245.99
of credit provided to you):
* 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 charge the payment method
associated with your Spectrum Mobile account every month for the amount
due. If the payment authorization fails for the full amount due for any
Spectrum Service(s), the Device or other device(s) connected to your
Spectrum Mobile 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. You are
required to maintain a current valid payment method on your account at all
times. Your specific payment schedule under this Device Payment Plan is
provided in the Payment Schedule Rider below.
3. PREPAYMENT.
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. Additional payments that you elect to make beyond the monthly
amount due will be applied to your Device Payment Plan balance and the
number of outstanding payments, or final payment amount, as applicable will
be reduced accordingly. You will still be charged the same monthly payment
amount on your bill cycle date, until the full amount due is satisfied.
4. RISK OF LOSS: INSURANCE. 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. If you qualify and it is available at the
time of purchase, you may obtain property insurance on the Device from us
at the time of purchase. You may also obtain property insurance from others
on your Device purchased under this Device Payment Plan.
5. DEFAULT AND REMEDIES.
You are in default under this Device Payment Plan if you fail to make any
required payment when due. We shall have the right to suspend the service
or 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 Services
provided to you by Spectrum; (ii) you breach any covenant, representation or
warranty hereunder; (iii) you default in the performance of any other
obligation which 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) for any reason the Device you purchased under this Device Payment
Plan is disconnected from Spectrum Mobile Service; or (v) Spectrum
terminates your Mobile 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 the entire remaining balance in full under this Device Payment
Plan, and to pay us 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. If at any time after your order you want a
copy of this Device Payment Plan, you may call 855-236-1545 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 CONSUMER CREDIT 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. Do not accept if it
contains blank spaces. 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/terms-of-
service/returnpolicy.html.
PAYMENT SCHEDULE RIDER
YOUR PAYMENT SCHEDULE WILL BE:
First Device Payment: Your first payment will be due when the Device is
shipped or fulfilled in our retail store.
Number of Payments: 24
Amount of Monthly Payments:Payments 1-23 at $10.24 and payment 24 at
$10.47. Note that all applicable taxes will be due at the time you place your
order.
Monthly Payment Due Date: For any Device purchases, after your first
Device payment, payments will be due monthly, by the due date specified in
your bill statement (see your Terms of Service for bill cycle date details).
No Late Charges: No late charges will be assessed under the terms of this
Installment Agreement, see Section 5 of this Installment Agreement for more
information on Default.
Prepayment: You may pay off all of your debt under this Installment
Agreement early without penalty.
RETAIL INSTALLMENT SALE AGREEMENT
I acknowledge that I have read this RETAIL INSTALLMENT SALE
AGREEMENT
Borrower's Signature (date)
