RETAIL INSTALLMENT CONTRACT / RETAIL INSTALLMENT SALE AGREEMENT/
RETAIL INSTALLMENT OBLIGATION/ CREDIT SALE CONTRACT
SUBJECT TO STATE REGULATION
SELLER (CREDITOR): CSC Holdings, LLC "Optimum". One Court Square, Long Island City, NY 11120.
Phone: (800) 735-5379
INSTALLMENT SALE AGREEMENT #:
BUYER'S CONTACT NUMBER:
DESCRIPTION OF EQUIPMENT:
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 Optimum Retail Installment Contract/ Retail Installment Sale Agreement/ Retail Installment Obligation/ Credit Sale Contract (referred to below as "Agreement").
|ANNUAL PERCENTAGE RATE
The cost of your credit at a yearly rate.
The dollar amount the credit will cost you.
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 downpayment of $ ___________
Number of Payments:
|Amount of Payments:||
When Payments are Due:
|<18>||xxx.xx||Monthly, on your services bill due date.|
Prepayment. If you pay off all of your debt early, you will not have to pay a penalty. If you pay more than the monthly payment due, and the payment is not designated for prepayment of amounts owed under this Agreement through a prepayment program offered by Optimum, any excess amount you pay will be credited first to your service balance, and then to your account and applied pursuant to Payment Section 5 below. You will still be charged the same amount on your monthly bill cycle date. Service Deposit (if applicable). The annual percentage rate does not take into account any required service deposit. Additional Information. See the Optimum General Terms and Conditions of Service for more information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.
Additional Information. See the Optimum General Terms and Conditions of Service for more information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.
|ITEMIZATION OF AMOUNT FINANCED||$ <XXX.XX>|
|- DOWN PAYMENT (if applicable)||$
|$0.00 FINANCE CHARGE||$0.00|
1. AGREEMENT. THIS AGREEMENT REQUIRES THAT YOU AGREE TO AND MAINTAIN SERVICE WITH OPTIMUMUNDER THE GENERAL TERMS AND CONDITIONS. ALTHOUGH YOUR OPTIMUM GENERAL TERMS AND CONDITIONS IS A SEPARATE DOCUMENT, EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE WAIVERS AND LIMITATIONS OF LIABILITY, DISCLAIMER OF WARRANTIES, ARBITRATION PROVISION AND OTHER PROVISIONS OF THE OPTIMUM GENERAL TERMS AND CONDITIONS ARE INCORPORATED BY THIS REFERENCE IN THIS AGREEMENT, AND SHALL SURVIVE TERMINATION OF YOUR SERVICE.
2. DISPUTES. THIS AGREEMENT IS SUBJECT TO A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL TERMS. THIS PROVISION INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION. A FULL COPY IS CONTAINED IN THE OPTIMUM GENERAL TERMS AND CONDITIONS UNDER THE HEADING "BINDING ARBITRAT WHICH TERMS ARE INCORPORATED BY REFERENCE.
3. 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 sums that become due under this Agreement.
4. CREDIT QUALIFICATION. Optimum may check your credit with a credit reporting agency or use your existing credit information on file with Optimum affiliates. Optimum may terminate this Agreement prior to your receipt of the Equipment if it is determined that you fail to meet credit qualification requirements.
5. PAYMENTS. Payments are due as stated in the payment schedule disclosed above. A bill for each payment will be included as part of the bill that you will receive for service. Payments that you make will be applied in the following order: first to past due balances, taxes and fees, Equipment installments, third party charges, as applicable, then to future balances due under your Service Agreement and then under this Agreement. Your obligation to make payments under this Agreement is not contingent upon Optimum's delivery of service.
Your first installment payment will be due along with the first bill for service following your Equipment purchase. For any Equipment not available for shipment at the time of order, or payment as applicable, you agree that we may update the estimated payment schedule when your Equipment is shipped, and we will provide the new payment schedule to you in writing by electronic delivery.
If you cancel your Optimum Service at your service address associated with this Agreement, and you fail to subscribe to at least one other Altice service and request continuation of installment payments under this Agreement, you agree to pay the entire remaining balance owed for your Equipment as soon as your next bill.
6. RISK OF LOSS: INSURANCE. You bear the entire risk of loss, theft or damage to the Equipment from any cause during the term of this Agreement. Even if the Equipment is lost, stolen or damaged, you remain obligated for the total of the payments. We recommend that you obtain property insurance on the Equipment. You may obtain property insurance from others on goods purchased under this Agreement.
7. DEFAULT AND REMEDIES. You are in default under this Agreement if you fail to make any required payment when due; you cancel your Optimum Service; we cancel your Optimum Service for good cause; you breach any covenant, representation or warranty hereunder, or default in the performance of any other obligation which is not cured within ten (10) days after written notice to you; you fail to subscribe to at least one other Altice service; 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 Agreement, and to pay us actual and reasonable costs of collection.
8. ASSIGNMENT. We may, without your consent, and without giving you notice, assign or transfer this 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 the 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.
9. ELECTRONIC ACCESS TO AGREEMENT/OTHER COMMUNICATIONS. By signing below, you acknowledge that you have access to Optimum's Website at: www.optimum.net/pages/terms.html, where a copy of this Agreement and related privacy and other communications will be available to you. You also consent to receive account-related communications in an electronic format, such as by email. A copy of this Agreement will be sent to the email address provided at the point of sale. If you want an additional copy of this Agreement, you may ask your sales representative to email a copy to you.
10. BUYER'S RIGHT TO CANCEL If you do not want the Equipment purchased under this Agreement, and you have not opened the Equipment packaging, you may cancel by contacting Optimum by phone, on line, or in person within 14 days of your acceptance. You must return your Equipment pursuant to Optimum's Return Policy available at www.optimum.net/returnpolicy to obtain a refund, subject to a restocking fee if applicable. A refund will be treated as a credit toward the amounts you owe us under this Agreement. If you do not return your Equipment within the return period, you will be charged for the entire remaining balance for your Equipment.
NOTICE TO BUYER:
Do not sign 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.
You are entitled to an exact and completely filled-in copy of the contract you sign. Keep it to protect your legal rights.
Under the present law, you have the right, among others, to pay off in advance the full amount due at any time.
This contract is covered by federal and state laws and you have the rights of a buyer under such laws. NOTICE: 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 PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
This Agreement is not a lease.
CREDIT SALE CONTRACT/RETAIL INSTALLMENT CONTRACT/RETAIL INSTALLMENT
OBLIGATION/RETAIL INSTALLMENT SALE AGREEMENT
I acknowledge that I have read this Agreement and have received a copy from the SELLER Optimum.
_____________________________________ BUYER'S Signature Date
Texas customers only: For questions or complaints about this contract, contact CSC Holdings, LLC ("Suddenlink") at 1 (877) 794-2724. The Office of Consumer Credit Commissioner (OCCC) is a state agency, and it enforces certain laws that apply to this contract. If a complaint or question cannot be resolved by contacting the creditor, consumers can contact the OCCC to file a complaint or ask a general credit-related question. OCCC address: 2601 N. Lamar Blvd., Austin, Texas 78705. Phone: (800) 538-1579. Fax: (512) 936-7610. Website: occc.texas.gov. E-mail: firstname.lastname@example.org.