Device Plan Agreement

SUBJECT TO STATE REGULATION
RETAIL INSTALLMENT SALE AGREEMENT / RETAIL INSTALLMENT OBLIGATION
RETAIL INSTALLMENT CONTRACT

SELLER (CREDITOR): Comcast Cable Communications, LLC that (i) owns and/or operates the cable television system in your area. 1-800-XFINITY

XFINITY ACCOUNT #: {Account_Number}

BUYER'S NAME:  {CustomerFirstName} {CustomerLastName}

BUYER'S ADDRESS: {CustomerServiceAddressStreet} {CustomerServiceAddressLine2}
{CustomerServiceAddressCity}, {CustomerServiceAddressState} {CustomerServiceAddressZip}

DESCRIPTION OF DEVICE: Apple iPad Wi-Fi 128GB ("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 Xfinity Device Payment Plan Agreement (referred to herein as this "Installment Agreement").

ANNUAL PERCENTAGE RATE

The cost of your credit as a yearly rate

FINANCE CHARGE

The dollar amount the credit will cost you

AMOUNT FINANCED

The amount of credit provided to you

TOTAL OF PAYMENTS

The amount you will have paid after you have made all payments as scheduled

TOTAL SALE PRICE

The total cost of your purchase on credit including your down payment of $0.00

0%

$0.00

$120.00

$120.00

$120.00

PLEASE SEE YOUR CUSTOMER AGREEMENT FOR RESIDENTIAL SERVICES (“CUSTOMER AGREEMENT”) TERMS FOR ANY ADDITIONAL INFORMATION ABOUT NONPAYMENT, DEFAULT, ANY REQUIRED PAYMENT IN FULL BEFORE THE SCHEDULED PAYMENT DATES AND PREPAYMENT TERMS. PLEASE SEE YOUR PAYMENT SCHEDULE RIDER FOR THE SPECIFIC AMOUNT OF EACH PAYMENT, TOTAL NUMBER OF PAYMENTS, AND WHERE TO FIND YOUR PAYMENT DUE DATE. DEFINED TERMS NOT DEFINED HEREIN ARE DEFINED IN YOUR CUSTOMER AGREEMENT.

ITEMIZATION OF AMOUNT FINANCED

(A) CASH PRICE (excluding tax):

$120.00

(B) DOWN PAYMENT (if applicable):

$0.00

(C) FINANCE CHARGE:

$0.00

(D) AMOUNT FINANCED (the amount of credit provided to you on your behalf):

$120.00

* Note: Taxes are not included in Amount Financed. All applicable taxes will be set forth on your monthly bill.

  1. INCORPORATION OF CUSTOMER AGREEMENT. ALTHOUGH YOUR CUSTOMER AGREEMENT IS A SEPARATE DOCUMENT, EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE SECTIONS GOVERNING WAIVERS AND LIMITATIONS OF LIABILITY, DISCLAIMER OF WARRANTIES, DISPUTES, AND OTHER PROVISIONS OF YOUR CUSTOMER AGREEMENT ARE HEREBY INCORPORATED BY THIS REFERENCE IN THIS AGREEMENT, AND SHALL SURVIVE TERMINATION OF YOUR CUSTOMER AGREEMENT. SPECIFICALLY, ANY DISPUTES UNDER THIS AGREEMENT SHALL BE RESOLVED IN ACCORDANCE WITH SECTION 13 OF YOUR CUSTOMER AGREEMENT UNDER THE HEADING: “BINDING ARBITRATION”WHICH TERMS ARE INCORPORATED BY REFERENCE. YOU AND COMCAST BOTH AGREE TO RESOLVE ALL DISPUTES UNDER THIS AGREEMENT ONLY BY ARBITRATION OR SMALL CLAIMS COURT AND YOU WAIVE ANY RIGHT TO A JUDGE OR JURY IN ANY ARBITRATION. IN THE EVENT OF A CONFLICT BETWEEN THIS INSTALLMENT AGREEMENT AND YOUR CUSTOMER AGREEMENT, THE TERMS OF THIS INSTALLMENT AGREEMENT SHALL CONTROL WITH RESPECT TO THE PURCHASE OF YOUR DEVICE.
  2. PAYMENTS. Payment is due on the due date listed on your monthly bill. On each of your next twenty four (24) monthly bills, beginning from the first bill generated after you accept this Installment Agreement, you will see a charge for your Device, plus all sales taxes. If you fail to pay the full amount due for any or all of the Services, the Device or other device(s) connected to your Xfinity account then we, at our sole discretion in accordance with and subject to applicable law, may suspend or disconnect your Service or any portion thereof to any or all of your devices. Your payment schedule is provided in the attached Payment Schedule Rider.
  3. PREPAYMENT. You may pay the total amount due under this Installment Agreement at any time before the final scheduled payment is due, and you will not have to pay a penalty. To pay the total amount due under this Installment Agreement before the final scheduled payment is due, contact our customer account representatives by calling 1-800-XFINITY to request to pay off the remaining balance of this Device. If you elect to pay off the remaining balance of this Device, our customer account representative will include the entire remaining balance to your next bill, which will become your final scheduled payment. There is no penalty or additional fee associated with prepayment under this Installment Agreement.
  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 Installment Agreement. 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 Installment Agreement.
  5. DEFAULT AND REMEDIES. You are in default under this Installment Agreement if you fail to make any required payment when due, your Customer Agreement is terminated for failure to pay; your Xfinity account is terminated for any reason; you breach any covenant, representation or warranty hereunder; 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); at least one of the XFINITY TV, Internet, or Voice services is not maintained by the XFINITY account holder; or we terminate your Service for breach (each a "Default"). 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 Installment Agreement, 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 Installment Agreement 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 Installment 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 Installment Agreement without our prior written consent.
  7. ELECTRONIC ACCESS TO AGREEMENT/OTHER COMMUNICATIONS. By accepting below, you acknowledge that you have access to Comcast’s Website at https://www.xfinity.com/Corporate/Customers/Policies/RetailInstallment, where a standard form of this Installment Agreement will be available to you. If at any time after your order you want a copy of this Installment Agreement, you may access it in your MyAccount.
  8. BUYER'S RIGHT TO CANCEL: If you do not want the Device, you may cancel by returning the Device using the return label included in your shipment, or a replacement label provided to you by us, within thirty (30) days of the date your accepted this Installment Agreement. You must return your Device pursuant to our Return Policy set forth below to cancel your obligations under this Installment Agreement. If you do not return your Device in accordance with the Return Policy, you will be responsible for all outstanding charges under this Installment Agreement and it will remain in full force and effect. Buyers in North Carolina and Massachusetts may also cancel at any time prior to midnight of the third business day after you accept this Installment Agreement by calling us at (866) 299-7677 to let us know you are cancelling this Installment Agreement and returning the Device within thirty (30) days of the date your accepted this Installment Agreement and using the return label included in your shipment, or a replacement label provided to you.

Return Policy: If you wish to return your Device for any reason, you have 30 days from the date you accepted this Installment Agreement to return your Device to us and receive a full refund. You must return everything that came in the original box, including the Device, battery, charger, and manual. As long as you use the return shipping label that came with your Device, we will cover the FedEx shipping costs.  The Device must be in like-new condition, with no physical or water damage, and in the manufacturer’s original packaging. There is no restocking fee associated with your Device return.

Shipping Directions: In the original box, you’ll find a shipping label and returns form. We can email a shipping label and returns form to you if you’ve misplaced them. Put the prepaid shipping label over the old label on the top of the box. Re-seal the box by peeling the white adhesive strip. Drop off the box at a FedEx Office shipping center. You cannot return your Device to an XFINITY or Comcast store, or from a Comcast UPS drop-off box. If you don’t have the original box, you can use your own as long as you seal it with shipping-strength tape.

NOTICE TO BUYER:

  1. Do not accept this agreement before you read it or if it contains any blank spaces for information that is available at the time you accept this agreement.
  2. You are entitled to a completely filled-in copy of this agreement. 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 AGREEMENT 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 agreement; 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 is set forth above.

PAYMENT SCHEDULE RIDER

YOUR PAYMENT SCHEDULE WILL BE:

Amount of Monthly Payments:

$5.00, plus all applicable taxes, which will be set forth in your monthly bill.

Number of Payments:

24

Payment Due Date:

Payments are due on the due date set forth in your monthly bill.

Late Charges:

Late charges will be assessed under the terms of your Customer Agreement.

Prepayment:

You may pay off all of your debt under this Installment Agreement early without penalty.