TERMS AND CONDITIONS OF SALE
It is expressly understood and agreed that all sales shall be subject to the following items and conditions and those contained on the face hereof:
1. DISCLOSURE: Direct One, Inc. ("USDIRECT") is an Authorized Retailer for DirecTV, Inc. ("USDIRECT"). By placing your order by phone or via the Internet with USDIRECT, you are agreeing to the following terms and conditions governing your purchase of merchandise, and/or services from USDIRECT. It is understood that USDIRECT is not DirecTV but is an authorized DirecTV dealer/reseller. All installations are performed by DirecTV and its subcontractors.
2. LIABILITY: USDIRECT shall not be liable for loss or damage of any kind resulting from delay or inability to deliver, or failure to deliver caused directly or indirectly by acts of God or the public enemy, riots, accident, strikes or differences with labor, labor shortage, inability to obtain material or equipment, or transportation or fuel, explosions, epidemics, quarantine, restrictions, unusually severe weather, compliance with or the operation of any applicable governmental legislation, regulation, directive or order of any government or of the United States or of any state or other political subdivision thereof, judgments or order of any court of competent jurisdiction, order or rulings of any board, agency, commission, officer or other competent governmental authority, of any government of the United States or of any state or other political subdivision thereof, or any other thing beyond USDIRECT's absolute and unconditional control: USDIRECT shall not be required to use overtime labor, nor to expend any monies whatsoever to cure any such delay or failure to deliver. In the event of such delay, the date of delivery of this order shall be extended by a period of time approximately equal to the time lost by reason of the delays. In the event of any partial failure to deliver so caused, USDIRECT shall have the right to prorate payment for such of the merchandise as it could and did in fact deliver, whether or not delivery of the same may have been delayed.
3. WARRANTIES AND LIABILITIES OF USDIRECT:
EXCEPT AS HEREIN SET FORTH , USDIRECT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MERCHANDISE, AND THE BUYER HEREBY EXPRESSLY WAIVES ALL SUCH WARRANTIES, GUARANTEES AND REPRESENTATIONS INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. USDIRECT SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES SUSTAINED BY BUYER ARISING OUT OF THIS TRANSACTION.
4. EARLY TERMINATION OF SERVICE FEE:
You agree to a monthly programming package which includes a minimum of the Total Choice Package programming service and agree to maintain such service, without interruption during your 24 (twenty four) month service commitment. In the event that the required programming service is terminated or downgraded below the required minimum level prior to the completion of the first twelve months, you agree to pay USDIRECT an early termination fee of $195. USDIRECT may, at it's discretion, bill you or charge your credit card for this early termination fee plus all costs associated with collecting this fee. Your use of the services provided by USDIRECT and DirecTV shall confirm your acknowledgment of this fee. In the event you contest this amount or the charge is dishonored or rejected for any reason, USDIRECT shall have the right to report the matter to national credit reporting agencies and may pursue any other legal remedy as necessary. You further agree to pay any 3rd party collection costs. Note: Moving? No Problem! Just take your existing receivers with you. DirecTV will professionally install them in your new home free of charge, thus avoiding any potential early termination fees associated with a cancellation or termination of service.
PLEASE NOTE: IN THE EVENT THAT YOU SEE FIT TO DISPUTE ANY CHARGES MADE TO YOUR CREDIT CARD, PLEASE CONTACT US VIA PHONE (800.580.5494) OR VIA E-MAIL ( CUSTOMERSERVICE@USDIRECT.COM ) SO THAT WE MAY PROPERLY AND SATIFACTORILY SATISFY THE DISPUTE, PRIOR TO DISPUTING ANY CHARGE DIRECTLY WITH YOUR CREDIT CARD COMPANY AND/OR FINANCIAL INSTITUTION. IN THE EVENT THAT A REFUND REQUEST HAS BEEN GRANTED AND IT IS LATER DETERMINED THAT A DIRECTV SATELLITE TV SYSTEM INSTALLATION HAS TAKEN PLACE IN YOUR HOME, WE DO RESERVE THE RIGHT TO RE-CHARGE YOUR CARD THE PREVIOUSLY REFUNDED ACTIVATION FEE.
5. CLERICAL AND STENOGRAPHICAL ERRORS: Obvious Quotation or Purchase Order clerical and stenographic error(s) of USDIRECT or Buyer shall be subject to correction, after notification thereof of such error(s), and both parties hereto agree to such corrections. While information contained herein is deemed to be accurate, we cannot be made responsible for errors and/or omissions. DirecTV promotions may and do change often and cannot, under any circumstance be made retroactive. As an authorized retailer of DirecTV's programming packages and promotions, we hereby represent that we have no control over promotions and/or pricing of DirecTV products and that DirecTV shall be the sole determining party as to any consumer entitlements under a DirecTV promotion.
6. APPLICABLE LAW: The entire Transaction shall be governed by the applicable provisions of the Uniform Commercial Code of the State of Utah ; USDIRECT accepts Buyer's order only upon the condition that Buyer assents to all of the terms and conditions contained herein. All such terms and conditions shall be deemed accepted by Buyer if:
a. Buyer does not object in writing thereto within the time provided by this paragraph; or
b. Buyer accepts, uses or exercises control over the goods which are the subject of the contract. Any objection by Buyer to any of the terms or conditions hereof shall be effective only if received by USDIRECT at its main office in Salt Lake City , Salt Lake County , Utah prior to the first occurrence of the following:
1. the creation and acceptance of a DirecTV installation appointment.
2. the completion of installation appointment and activation of DirecTV satellite TV equipment.
7. ENTIRE AGREEMENT: This instrument contains all the terms and conditions with respect to the sale and purchase of the material or merchandise described hereof, and supersedes any and all other instruments or agreements, and no change or modification of these terms and conditions shall be of any force unless such change or modification shall be executed by an authorized officer of USDIRECT. The terms and conditions as set forth in this instant instrument shall supersede any provision, terms and conditions contained on any purchase order, confirmation order or other writing that Buyer may give or have received, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof. USDIRECT makes no representations or warranties concerning this confirmation except such as are expressly contained herein and this confirmation may not be changed or modified orally.
BY ORDERING FROM USDIRECT, I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.
*Activation Fees may apply
DIRECTV EQUIPMENT LEASE ADDENDUM
Thank you for choosing DIRECTV. By signing this Equipment Lease Addendum, you agree to abide by the following terms and conditions. You wish to lease from DIRECTV, and DIRECTV is willing to lease to you, one or more DIRECTV new or reconditioned receivers, hereinafter collectively referred to as the "equipment", necessary to access DIRECTV's services. The term "equipment" does not include dish and cabling. THIS EQUIPMENT LEASE ADDENDUM CONTAINS THE TERMS AND CONDITIONS FOR THE LEASE BY DIRECTV OF THE DIRECTV EQUIPMENT TO YOU, BUT MUST BE READ TOGETHER WITH THE DIRECTV CUSTOMER AGREEMENT (A COPY OF WHICH IS PROVIDED TO YOU WITH YOUR FIRST BILL AND IS AVAILABLE AT WWW.DIRECTV.COM) FOR ALL OF THE TERMS AND CONDITIONS REGARDING THE PROVISION OF THE SERVICES AND YOUR RIGHT TO USE THE DIRECTV EQUIPMENT. YOU UNDERSTAND AND AGREE THAT YOU HAVE NOT PURCHASED THE DIRECTV EQUIPMENT, YOU DO NOT OWN THE DIRECTV EQUIPMENT AND THE DIRECTV EQUIPMENT MUST BE USED AND RETURNED TO DIRECTV STRICTLY IN ACCORDANCE WITH THE TERMS OF THIS EQUIPMENT LEASE ADDENDUM AND THE DIRECTV CUSTOMER AGREEMENT.
PROGRAMMING AGREEMENT: Within 30 days of provision of DIRECTV equipment to you, or on the date that the professional installer has installed or is prepared to install your DIRECTV equipment, whichever is sooner, you agree to activate each and every DIRECTV Receiver ordered by you or provided to you with any DIRECTV® base programming package (valued at $29.99 per mo. or above); Jadeworld; or, any qualifying international service bundle, which bundle shall include either the DIRECTV® BASIC programming package (valued at $12 per mo.) or the DIRECTV PREFERRED CHOICE™ programming package (valued at $35.99 per mo.) together with any WorldDirect™ international-language service. DVR service activation ($6/mo.) required for DVR leases; HD Access fee ($10/mo.) required for HD Receiver leases; and, both DVR service and HD Access fee payment required for HD DVR leases. In certain markets, programming and pricing may vary. DIRECTV PROGRAMMING AND PRICING SUBJECT TO CHANGE AT ANY TIME.
PROGRAMMING AGREEMENT. For a new DIRECTV customer, the programming package(s) must be maintained for a period of not less than twenty-four (24) consecutive months. For a current DIRECTV customer, the programming package(s) must be maintained for a period of not less than (a) twelve (12) consecutive months (for accounts with only standard receiver(s)), or (b) twenty-four (24) including additional DIRECTV receiver(s)). After you have fulfilled your agreement to the required programming package(s), you are not obligated to continue your subscription to DIRECTV programming for any specific duration. Current DIRECTV customers may activate additional receivers with their existing DIRECTV programming package. THIS PROGRAMMING AGREEMENT IS SEPARATE AND DIFFERENT FROM ANY OTHER PROGRAMMING AGREEMENT YOU MAY HAVE MADE WITH DIRECTV AND IS FULLY ENFORCEABLE UNDER THESE TERMS.
MONTHLY LEASE FEE. For a new DIRECTV customer, you will be charged a monthly lease fee in the amount of $5 per 2nd and each additional receiver leased by you in your household. For a current customer, you will be charged a monthly fee in the amount of $5 for each receiver leased by you in your household, unless you replace all of your owned-equipment with leased equipment, (equipment does not include dish or cabling), in which case, the monthly lease fee will be waived for the 1st receiver. Applicable taxes will apply. LEASE FEE SUBJECT TO CHANGE AT ANY TIME.
CARE OF EQUIPMENT. You are responsible for the loss of or any damage to the DIRECTV equipment that you have leased from DIRECTV. You shall have no right to sell, give away, transfer, pledge, mortgage, remove, relocate, alter or tamper with the DIRECTV equipment at any time. DIRECTV PROVIDES YOU THE DIRECTV EQUIPMENT AS IS, AND MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE DIRECTV EQUIPMENT PROVIDED TO YOU. ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. DIRECTV IS NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE DIRECTV EQUIPMENT PROVIDED TO YOU. In the event the DIRECTV equipment you have leased from DIRECTV does not operate, contact DIRECTV at 1-800-531-5000.
CONSEQUENCES OFYOUR FAILURE TO ACTIVATE PROGRAMMING OR SATISFY YOUR PROGRAMMING AGREEMENT. If you fail to activate all of your DIRECTV equipment in accordance with this Equipment Lease Addendum, you agree that DIRECTV or an authorized DIRECTV Retailer may charge you a fee, as liquidated damages, of $150 for each receiver that is not activated. For a new DIRECTV customer, if you fail to maintain your minimum programming of 24 months, you agree that DIRECTV may charge you a prorated fee of $480. For a current DIRECTV customer, if you fail to maintain your minimum programming agreement, you agree that DIRECTV may charge you a prorated fee of $240 for standard receivers and up to $480 for advanced products/receivers (e.g., DVR, HD, HD DVR, etc.).
RETURN OF DIRECTV EQUIPMENT. If you disconnect/cancel/terminate service on some or all of your leased DIRECTV equipment for any reason (to replace or upgrade equipment, or to cease being a DIRECTV customer either voluntarily or involuntarily), or if you decide to disconnect/cancel/terminate your DVR service or HD Access (if you are leasing DVR and/or HD equipment), you must call DIRECTV within seven (7) days of such disconnection/cancellation/termination and obtain information from DIRECTV necessary to arrange for a ground or air freight service to pick up and deliver all of your DIRECTV equipment to DIRECTV. The term "equipment" does not include dish and cabling. You acknowledge that the DIRECTV equipment belongs to DIRECTV and the DIRECTV equipment, including the access card inserted into each receiver, must be returned to DIRECTV in good working order, normal wear and tear excepted. You agree that DIRECTV will assess the following fees, that you are responsible for paying, in the event you fail to return leased equipment or return equipment in a damaged condition: $55 per each DIRECTV standard receiver; $200 for each DIRECTV DVR Receiver; $240 for each DIRECTV HD Receiver; or $470 for each DIRECTV HD DVR Receiver as compensation for a portion of the expenses incurred by DIRECTV in establishing your account and providing you the DIRECTV equipment for your use. You may avoid paying such fees by returning the leased equipment, in good working order, within 21 days of disconnection/cancellation/termination of applicable service (including DVR service and HD Access fee).
CREDIT CARD PAYMENT UPON CANCELLATION. You are required to provide and maintain a valid credit card in your name. You understand that you will incur fees and charges as a result of your receipt and use of Service and/or Receiving Equipment, and may incur early cancellation fees, equipment non-return fees and/or non-activation fees (as specified herein). By giving us your credit card account information, you agree and authorize DIRECTV to apply payments against your credit card in accordance with applicable law, to satisfy any and all amounts due upon cancellation of your Se r vice. You are required to maintain current and valid credit card information and agree to notify and update whenever there is a change in such information, such as a change in the card number or the expiration date. You agree and acknowledge that DIRECTV may charge a fee in the maximum amount permitted under applicable laws in the event you fail to maintain valid card information with DIRECTV.
ARBITRATION. You and DIRECTV agree that both parties will resolve any dispute arising under this Equipment Lease Addendum, the DIRECTV Customer Agreement or any other addendum thereto, or regarding your DIRECTV programming service, through binding arbitration as fully set forth in the DIRECTV Customer Agreement.
