Phone Replacement Terms & Conditions
What is Phone Replacement?
U.S. Cellular's Phone Replacement Program is included on certain Belief Plans and is a combination of a wireless handset service contract and an insurance contract issued by Assurant Solutions1 that will provide Customers on eligible Belief Plans2 with a replacement phone in the case of accidental damage, mechanical breakdown, warranty claims, or lost or stolen phones.
When Coverage Begins and Ends
- Coverage of a phone begins once a completed outbound call from the phone is made when on an eligible Belief Plan and the Customer's Phone Upgrade Timer has not expired. A Phone Upgrade Timer begins when the Customer purchases a phone from U.S. Cellular at a promotional price and activates the phone on U.S. Cellular's network.
- A call is completed when the U.S. Cellular switch records the call for billing purposes. Assurant will be notified when the outbound call is completed.
- Coverage ends when the Phone Upgrade Timer expires and indicates that the Customer is eligible to purchase a phone at a promotional price. The Phone Upgrade Timer generally expires eighteen (18) months after the phone is purchased. If a Customer uses U.S. Cellular Belief Points to accelerate the Phone Upgrade Timer, the Phone Upgrade Timer period will expire in less than 18 months.
- Coverage ends when the Customer has had three (3) fulfilled claims before the Phone Upgrade Timer expires.
- Coverage ends when the Customer is no longer on an eligible Belief Plan.
- Coverage ends when the Customer's account has been suspended.
- Coverage ends when the Customer's account has been cancelled.
- Therefore, the "Coverage Term" is usually eighteen (18) months, but under various circumstances, it may be less.
Customers need not file or separately sign up for the Phone Replacement Program; U.S. Cellular will report enrollment information necessary to obtain coverage from Assurant Solutions when the Customer signs up for an eligible Belief Plan.
- Any phone with an equipment serial number (ESN or MEID) which is activated on U.S Cellular's network under the cellular telephone number (CTN) for which the claim is being fulfilled, unless the handset equipment is U.S. Cellular-owned (for example, loaner phones).
Property Not Covered
- Any U.S. Cellular-owned equipment such as loaner phones or demonstration phones.
- While loss, theft, or damage to batteries and chargers standing alone are not covered under Phone Replacement, the Customer will be provided a battery and a charger when a handset is replaced with a model with an incompatible battery or charger.
- A maximum number of one (1) fulfilled lost or stolen claim will be allowed during each Coverage Term.
- A maximum number of three (3) fulfilled claims will be allowed for damage, mechanical failure, and/or warranty claims, if the Customer has no lost or stolen claims fulfilled during the Coverage Term.
- A maximum number of two (2) fulfilled claims for accidental damage, mechanical breakdown, and/or warranty claims, if Customer has one (1) lost or stolen claim fulfilled during the Coverage Term.
- The Phone Replacement Program covers all perils covered under a manufacturer's warranty for the devices that have been purchased through U.S. Cellular. Customers enrolled in Phone Replacement may choose to submit a claim to the respective manufacturer for resolution or receive a replacement phone through the Phone Replacement Program. The manufacturer's warranty only applies for the original phone (ESN/MEID) that the Customer purchased. Replacement phones provided through the phone Replacement Program do not carry a manufacturer warranty. If a claim is submitted and fulfilled under Phone Replacement, it will be counted toward the limit of three (3) maximum claims.
- In any event, there is a maximum of three (3) fulfilled claims during the Coverage Term.
- Claims will be counted by date of loss and service line ID that fall within the Coverage Term.
- Customer must wait forty-eight (48) hours after coverage begins before reporting a claim to U.S. Cellular.
- Customer must report all claims to U.S. Cellular no later than ninety (90) days after the incident.
- Customers may bring equipment to any U.S. Cellular retail store or contact U.S. Cellular Customer Service at our toll-free number, 1-888-944-9400 or, if your phone is operable, dial 611 from your U.S. Cellular phone.
- If the replacement is shipped direct to the customer or the customer's designated agent, the Customer must ship the broken phone back to U.S. Cellular's designated location to be received within fifteen (15) days. If the phone is not returned within the time limit, the Customer will be charged the undiscounted retail price of the phone.
The following deductibles will apply:
- $100 for any lost or stolen claims.
- $0 for accidental damage or mechanical breakdown, and warranty claims.
Can Customers Cancel the Phone Replacement Part of an Eligible Belief Plan?
- Customers man cancel the Phone Replacement Program coverage if they like, but there will be no refund to the Customer (because Phone Replacement is included as part of the eligible Belief Plan) and there will not be a reduced price for the eligible Belief Plan.
- Customers who do not want Phone Replacement may also change to a non-eligible Belief Plan at any time.
- In California, the insurance licensee is United States Cellular Corporation, d/b/a USCC Insurance Services, 8410 West Bryn Mawr Avenue, Chicago, Illinois 60631, California insurance license # 0F49716.
The fire and casualty insurance broker appointed by an Assurant Solutions insurance company to USCC Insurance Services is Thomas K. Cloetingh, 676 E Swedesford Rd., Suite 300, Wayne, Pennsylvania 19087-1631, California insurance license # 0B03654.
- The toll-free number of the California Department of Insurance Consumer Hotline is 1-800-927-HELP (4357).
- Under California Insurance Code Section 1758.66, USCC Insurance Services notifies Customers that:
- the purchase by the Customer of insurance is not required in order to purchase communications equipment or service;
- the insurance policies offered by Assurant Solutions and USCC Insurance Services may provide a duplication of coverage already provided by other insurance policies covering the Customer;
- the endorsee USCC Insurance Services (and the sales representatives of U.S. Cellular) are not qualified or authorized to evaluate the adequacy of the Customer's existing insurance coverages, unless any such person is licensed pursuant to California Insurance Code Article 3 (commencing with Section 1631); and
- the Customer may cancel the insurance at any time. If the Customer cancels any unearned premium will be refunded in accordance with applicable law.3
3 However, there may be no unearned premium required to be refunded under applicable law, or, if there is an unearned premium, such a refund may be payable under applicable law to U.S. Cellular, as the group policyholder or purchaser, rather than to the Customer.
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
[11222 Quail Roost Drive, Miami, FL 33157-6596 (305) 253-2244]
WIRELESS PROTECTOR LEVEL 3 COVERAGE
Accidental Damage means an unexpected and unintentional external event that results in "physical" damage to the insured property. The damage shall not be foreseeable and shall be beyond the control of the insured.
Computer Virus means any code intended to contaminate or destroy data. It includes but is not limited to any of the following: self-replicating viruses, worms, Trojans and logic bombs. It does not mean defect or programming errors, such as the inability of a program to process any naturally occurring calendar date.
Mechanical and Electrical Breakdown means the failure of a covered part due to faulty workmanship or faulty materials supplied by the original manufacturer or distributor when operated according to the manufacturer's instructions.
Nuclear Hazard means any nuclear reaction or radiation of any radioactive contamination from any other cause.
Preexisting Condition means failures or defects which the certificateholder should have reasonably known to be present prior to the effective date of this certificate.
Property Covered: We will cover the certificateholder's insured property shown on the Declarations Page.
Covered Causes of Loss: We will provide coverage to the certificateholder's insured property against direct, sudden and accidental loss or damage caused by:
- fire or lightning;
- windstorm or hail;
- explosion or smoke;
- riot or civil commotion;
- aircraft and vehicles;
- marine perils while on ferries and/or in cars or transfers in connection with land conveyances;
- volcanic eruption;
- vandalism or malicious mischief,
- burglary; or
- mysterious disappearance.
Property Not Covered: We will not pay for loss to:
- property held in inventory or held as stock in trade; and
- property used for any commercial purposes.
- any antenna connected to or used with the insured property.
Causes of Loss Not Covered:
- We will not pay for loss to insured property caused by or resulting from:
- depreciation or obsolescence;
- corrosion, rust or mold;
- preexisting condition, wear and tear, gradual deterioration;
- failure to follow manufacturer's maintenance recommendations;
- error or omission in design or system configuration, faulty construction or any original defect in the insured property;
- delay or loss of market, loss of income or interruption of business;
- intentional and/or dishonest acts by the certificateholder, or anyone else with an interest in the insured property, or the certificateholder's employees or authorized representatives or anyone entrusted with the insured property;
- voluntary parting with the insured property by the certificateholder or anyone else to whom the certificateholder has entrusted the item if induced to do so by any fraudulent scheme, trick, device or false pretense;
- war, including undeclared or civil war, insurrection, rebellion, revolution; warlike act of a military force, including action in hindering or defending against an actual or expected attack, by government, sovereign or other authority using military personnel or other agents;
- nuclear hazard;
- repair or service, including installment, of insured property and error in machine programming or instructions to the machine;
- illegal trade or confiscation by any governmental authority;
- a computer virus;
- accidental damage; or
- mechanical and electrical breakdown.
- Regardless of the cause of loss, we will not pay the following additional costs incurred as a result of any loss:
- extra expenses, programming, data reconstruction, data recovery or program installation or reconfiguration; or
- costs which are recoverable under any product warranty or extended warranty.
PHONE REPLACEMENT PROGRAM SERVICE CONTRACT TERMS AND CONDITIONS
This Service Contract is not a contract of insurance.
This Service Contract is issued in conformance with these terms and conditions. The Service Contract includes the Declarations Page, this Service Contract, state specific Addendum (if applicable) and any other Addenda (if any). This Service Contract must be made available for inspection when You require service.
You/Your means the owner of the Product covered under this Service Contract.
Service Contract Provider/We/Us/Our means the entity that is contractually obligated to You under the terms of this Service Contract. The Service Contract Provider is Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348-5689, 1-866-675-3923 in all states except in California where the Service Contract Provider is Sureway, Inc. P.O. Box 105689, Atlanta, GA 30348-5689, 1-866-675-3923; in Oklahoma where the Service Contract Provider is Assurant Service Protection, Inc., P.O. Box 105689, Atlanta, GA 30348-5689, 1-866-675-3923.
Service Contract Administrator means the entity responsible for the administration of this Service Contract. The Service Contract Administrator is The Signal, 676 E. Swedesford Road, Suite 300, Wayne, PA 19087 in all states, except in Oklahoma where the Service Contract Administrator is The Signal, L.P. 676 E. Swedesford Road, Suite 300, Wayne, PA 19087; and in Wisconsin where the Service Contract Administrator is Federal Warranty Service Corporation, 676 E. Swedesford Road, Suite 300, Wayne, PA 19087.
Product means Your covered U.S. Cellular® communications device, and as listed on the Declarations Page, or at Our discretion, any replacements provided by U.S. Cellular®, manufacturer, or by Us, under this Service Contract. Your covered communications device is the active Product on U.S. Cellular's service network under Your account.
Service Contract means this Service Contract, which covers the Product described on the Declarations Page.
United States Cellular Corporation (U.S. Cellular®) is the telecommunications service provider that purchased this Service Contract on Your behalf.
Subsidized Communication Device is a new communication device on a postpaid plan purchased from U.S. Cellular® at a discount and enrolled in a telecommunications contract.
ELIGIBILITY FOR COVERAGE: To be eligible for this Service Contract, You must be actively enrolled in one of U.S. Cellular® Premium Services Plans or other designated Service Plans. Additionally you must have purchased a Subsidized U.S. Cellular®, Communication Device within 18 active aggregate months of the coverage start date. In order to keep this Service Contract in force during the coverage term, You must maintain your U.S. Cellular® account in good standing, maintain the Product in accordance with the service requirements set forth by the manufacturer's specifications (including cleaning and maintenance), and comply with the owner's manual in all aspects.
COVERAGE TERM: This Service Contract will take effect on the coverage start date and will cover Your Product up to the coverage end date as shown on your Declarations Page.
WHAT IS COVERED: This Service Contract provides replacement or repair coverage for Product failures as well as mechanical or electrical failures due to normal wear and tear including accidental damage (such as drops, liquid spills, and cracks). Should We repair Your Product, We will restore its hardware and preloaded manufacturer's software functionality to the manufacturer's written specifications.
IF YOU NEED SERVICE:
All claims must be reported as soon as reasonably possible. This Service Contract covers only those claims reported within ninety (90) days of the date of the Product's failure.
To arrange for service, visit your local U.S. Cellular® retail store, an exclusive agent of U.S. Cellular® or call the toll free number indicated on the Declarations Page. A service representative will assist You in diagnosing any technical difficulties that may exist with Your Product's hardware or preloaded manufacturer's software. To the extent that the diagnosis confirms a covered hardware or preloaded manufacturer's software failure, We will process Your claim and arrange for any applicable service of Your Product. Our level of technical service does not support customized or proprietary software, applications not included by the manufacturer of your Product at no additional charge, or software errors that confirm improperly functioning or defective software. Additionally, this Service Contract does not provide education on how to utilize or perform tasks using any type of software program, preloaded or purchased after activation. It is Your responsibility to protect the Product from further damage.
SERVICE LOCATION: Replacements and/or repairs will be performed at an authorized location determined by Us. Service will be available and rendered during normal business hours.
REPLACEMENT OPTION: At Our option, following Our diagnosis, We will either:
- Replace Your Product with a new, refurbished, or recertified product of like kind and quality if We are unable to repair Your Product or if the repair cost exceeds the current retail replacement value of Your Product. While We will try to accommodate specific replacement preferences such as equipment color, cosmetics, or features, this request is not guaranteed. The price of the replacement product shall not exceed the maximum replacement value of the original Product less any applicable deductible. If We replace Your Product, the replacement product will be shipped or provided to You; or
- Issue a cash credit equal to the value of the replacement product, not to exceed the maximum replacement value of the original Product less any applicable deductible. The cash credit will be deposited in Your account with U.S. Cellular® and may be used by You toward the purchase of any eligible replacement product of Your choice; or
- Provide a settlement equal to the value of the replacement product, not to exceed the maximum replacement value of the original Product, less any applicable deductible.
When You receive either the replacement Product, cash credit, or settlement, the damaged/unrepairable Product becomes Our property. You are responsible for returning Your damaged/unrepairable Product to Us and You are also responsible for any subsequent shipping costs such as express or expedited shipping, or any reshipping expenses.
DELAYS: We will exercise reasonable efforts in providing service under this Service Contract, but We will not be liable for any damages arising out of delays; and in no event will We be liable for any consequential damages.
PARTS: Materials furnished as replacements for parts will be drawn from Our service contractor's inventory of new or rebuilt parts and components. These materials will be furnished under provisions of the manufacturer's warranty while still in effect and then by Our service contractor during the remainder of the term of coverage.
EXCLUSIONS: Any loss, replacement or repair necessitated by acts of God; consequential, incidental or intentional damage; misuse, abuse, or services (or damages caused) by non-authorized repair personnel; pre-existing conditions known to You that occurred prior to the coverage start date; insect infestation or fire; theft or burglary, mysterious disappearance, vandalism, transport, riot; loss or damage to or of antennas, external housing, or casings that does not affect the mechanical or electrical function of the Product; loss or damage to device batteries; loss or damage to stored data (including contacts, ring tones, and games), repairs related to computer viruses, or software that is added after the original Product purchase; "no problem found" diagnosis; claims arising from any breach of implied or expressed warranty of merchantability or fitness of the Product from the manufacturer.
INELIGIBLE FOR COVERAGE: This Service Contract does not provide any service for property held in inventory or property held as Your stock in trade. In addition, communication devices under lease are ineligible for this Service Contract.
CANCELLATION: You may cancel this Service Contract at any time for any reason by mailing a request for cancellation, calling the Service Contract Administrator, or calling U.S. Cellular® at the toll free number indicated on the Declarations Page; however, this Service Contract is non-refundable. Your Service Contract will not be canceled by Us except for fraud, material misrepresentation, substantial breach of duties by You, nonpayment of the Price by the Service Contract purchaser, or as otherwise permitted under this Service Contract or under applicable state law. If We cancel, We will provide to You written notice, with the reason for cancellation, at Your last known mailing or email address (depending on Your chosen form of communication) at least ten (10) days before cancellation or as required by law.
If You cancel or do not renew Your service with U.S. Cellular® for any reason or You choose a service other than the Premium Services Plans or Your designated Service Plan, this constitutes cancellation of this Service Contract by You.
DEDUCTIBLE: This Service Contract has no deductible.
UNRECOVERED EQUIPMENT FEE (if applicable): If the damaged/unrepairable Product is not returned to Us within fifteen (15) calendar days from the date We ship or provide the replacement product to You, We will charge to You the non-refundable Unrecovered Equipment Fee listed on the Declarations Page.
We reserve the right to collect any Fee due to Us under this Service Contract prior to issuing a replacement product, cash credit, or settlement.
TRANSFER: This Service Contract is not transferable.
RENEWAL: On monthly term programs, We reserve the right to change the provisions in this Service Contract (including Deductible) upon giving You at least thirty (30) days written notice prior to the date of renewal.
READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.
As used in this Provision, "You" and "Your" mean the person or persons named in this Service Contract, and all of his/her heirs, survivors, assigns and representatives. "We" and "Us" shall mean the Service Contract Provider identified above and shall be deemed to include all of its agents.
Any and all claims, disputes, or controversies of any nature whatsoever (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with (1) this Service Contract or any prior Service Contract, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Service Contract ("Claim"), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association ("AAA") in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879. Upon written request We will advance You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. The arbitration shall be held at a location selected by Us within the state in which You purchased the Product. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. � 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision, except that in no event shall this Provision be amended or construed to permit class arbitration or arbitration on behalf of any individual other than You. This Provision shall inure to the benefit of and be binding on You and Us and its Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Service Contract.
You agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims.
You and We Understand and agree that because of this PROVISION neither You nor Us will have the right to go to court except as provided above or to have a jury trial or to participate as any member of a class of claimants pertaining to any claim.