Retail Installment Sales Agreement

retail-installment-sales-agreement

Financial Responsibility Acknowledgement

By signing this Retail Installment Sale Agreement ("Agreement"), you, the Buyer, choose to buy the Wireless Communications Device identified above ("Device") on credit under the terms disclosed in this Agreement. You agree to pay the Seller/Creditor ("Appalachian Wireless") the Amount Financed and any Finance Charge in U.S. funds according to the payment schedule above. The Truth-in-Lending Disclosures above are part of this Agreement.

1. AGREEMENT. THIS AGREEMENT REQUIRES THAT YOU AGREE TO AND MAINTAIN POSTPAID SERVICE ASSOCIATED WITH THE DEVICE WITH APPALACHIAN WIRELESS UNDER YOUR POSTPAID SERVICE AGREEMENT. ALTHOUGH YOUR POSTPAID SERVICE AGREEMENT IS A SEPARATE DOCUMENT, EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE WAIVERS AND LIMITATIONS OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER TERMS AND CONDITIONS OF YOUR POSTPAID SERVICE AGREEMENT ARE INCORPORATED BY REFERENCE HEREIN, AND SHALL SURVIVE TERMINATION OF YOUR POSTPAID SERVICE AGREEMENT.

2. RESPONSIBLE PARTY. As used herein, "you" or "Buyer" means an individual or a business entity that is the customer of record. If you are an individual signing on behalf of an entity or another individual, you represent that you are authorized to sign on their behalf and, if it is determined that you are not so authorized, you understand and agree to be personally responsible for and guarantee payment of any amounts that become due under this Agreement.

3. CREDIT QUALIFICATION. Appalachian Wireless may check your credit with a credit-reporting agency or use your existing credit information on file.

4. PAYMENTS. Payment is due as stated on your bill. IF WE DO NOT RECEIVE PAYMENT WITHIN 15 DAYS OF THE DUE DATE, WE MAY CHARGE YOU A LATE PAYMENT FEE OF UP TO 1.5% OF THE UNPAID BALANCE OF YOUR BILL, except where prohibited by law. Your specific payment schedule is provided above. Returned checks will be subject to a fee of up to $50, except where prohibited by law. Payments you make will be applied first to balances due under your Postpaid Service Agreement and then to balances due under this Agreement. Your payment schedule is determined by the date that you accept these terms and conditions. If you cancel your Postpaid Service Agreement and do not have a Postpaid Service Agreement associated with this Device, you will be responsible for paying in full the entire remaining balance owed for your Device by the date stated on your next bill.

5. PREPAYMENT. You may pay the total amount due under this Agreement at any time before the final scheduled payment is due, and you will not have to pay a penalty.

6. RISK OF LOSS: INSURANCE. You bear the entire risk of loss, theft or damage to the Device from any cause during the entire term of this Agreement. Even if the Device is lost, stolen or damaged, you remain obligated for the total of the payments. We recommend that you obtain property insurance on the Device. You may obtain this property insurance from anyone you want.

7. DEFAULT. You will be in default of this Agreement if any one of the following events ("event of default") occurs:

  1. You fail to make any required payment when due or within fifteen (15) days of the due date;
  2. You breach any covenant, representation or warranty in this Agreement;
  3. You fail to maintain voice and/or data service associated with the Device (voice and data are both required for smartphone Devices) under a Postpaid Service Agreement with Appalachian Wireless

8. REMEDIES IN THE EVENT OF DEFAULT. In the event you are in default of this Agreement and to the extent permitted by applicable law, we have the right to exercise any one or more of the following remedies:

  1. Disable the Device's wireless network connectivity capabilities.
  2. Require you to immediately pay the sum of the remaining unpaid Amount Financed.
  3. Require you to pay us actual and reasonable costs of collection, including attorney's fees.

9. UPGRADE TRADE-IN OPTION. After completing half of the installment payments you may be eligible to trade-in your Device for an upgrade. Your account must be in good standing and your trade-in must be in good physical and fully functional condition. Purchase of a new qualifying device is required, and purchase is subject to then-available offers and any associated wireless service requirements. After a successfully processed trade-in, AppalachianWireless will terminate this Agreement and no future installment charges will be billed under this Agreement.

10. ASSIGNMENT. We may, without your consent, and without notice to you, assign or transfer this Agreement. You agree you will not assign this Agreement or any interest in it and will not sell or offer to sell or transfer or enter into any lease with respect to the Device covered by this Agreement without our prior written consent.

11. RECONNECTION. If you choose to reconnect your services, your final installment date may be extended.

NOTICE TO BUYER:

  1. Do not sign this agreement before you read it or if it contains any blank spaces.
  2. You are entitled to a completely filled-in copy of the contract you sign. 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. State and federal laws cover this contract, 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 UNDER THIS AGREEMENT OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
  6. The finance charge does not exceed 0% per annum computed monthly.
  7. This is a retail installment of sale agreement and not a lease. We have a limited return policy. Please ask for details.