Device Financing Terms and Conditions

You, the Buyer, choose to buy they Device identified (the “Device”) on credit under the terms and conditions disclosed in this Agreement upon signing.  You agree to pay Northwest Missouri Cellular Limited Partnership (also, “NorthwestCell,” “We” or “Us”) the Amount Financed and any Finance Charge in U.S. funds according to the payment schedule provided (the “Monthly Device Charge”).  The Truth-in-Lending Disclosures provided are part of this Agreement, and by signing, you acknowledge receipt of these disclosures.
 
IMPORTANT TERMS – PLEASE READ THIS
 
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, you represent that you are authorized to sign on its 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.
 
SALES TAX.  Depending on the Device, you may be required to pay all applicable sales tax or similar taxes, fees or surcharges on the Device at time of purchase rather than financing these items. 
 
PAYMENTS.  Payments of the Monthly Device Charge are due as stated in the payment schedule disclosed above on the day that payment for your wireless service is due under the Terms and Conditions of your wireless service or, if applicable, your business agreement (the “Service Agreement”).  The Monthly Device Charge will appear on your monthly bill that you receive for service under your applicable service agreement with NorthwestCell for wireless voice and/or data service for the Device (the “Service Agreement”).  Payments that you make will be applied first to outstanding balances due under your Service Agreement, then to balances due under this Agreement, with any excess credited toward your next month’s wireless service.  Once you have made all payments due under this Agreement, the Monthly Device Charge will no longer appear on your bill. 
 
LATE CHARGES.  Any payment not paid within ten days of when due, will be assessed a late charge of one and one half percent (1 ½%) of the amount of payment due up to a maximum of ten dollars (or five dollars if the payment due was less than twenty-five dollars). 
 
PREPAYMENT.  You may make early payments or you may pay the total amount due under this Agreement, without penalty, at any time before the final scheduled payment is due.
 
BUYER ELIGIBILITY.  Device financing pursuant to this Agreement is available only to: (1) existing NorthwestCell consumer customers with a history of timely payments for at least six (6) months prior to entering into this Agreement; or, (2) new consumer customers with an acceptable credit history pursuant to NorthwestCell policies, as such policies may change from time-to-time.  Device financing is available only to customers with a postpaid service agreement with NorthwestCell.
 
ELIGIBLE DEVICES.  All wireless handsets and devices may not be eligible for purchase through this Agreement.  For a list of eligible devices, please contact NorthwestCell. 
 
DEVICE FINANCING LIMIT PER ACCOUNT.  You may finance up to four (4) devices for each post-paid, consumer wireless account.
 
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 any outstanding payments due under this Agreement.  We recommend that you obtain property coverage on the Device.  You may obtain this property coverage from anyone you want.  NorthwestCell also offers handset coverage.  Please contact NorthwestCell for information about this protection. 
 
INDEMNITY.  You are responsible for any and all liabilities, losses, or damages, whether imposed on you or Us, which are directly attributable to you or any of your acts or omissions during the time the Device is in your possession.  This provision shall survive the termination of this Agreement.  To the extent permitted by law, you will reimburse Us for any expenses We incur in connection with the defense of any claim or action you are responsible for under this Agreement.  This includes, but is not limited to, actual and reasonable attorney's fees not to exceed fifteen percent (15%) of the amount of the loss, liability, or damage.
 
DEFAULT.  You will be in default of this Agreement if any one of the following events (referred to as an "event of default") occurs: (a) you fail to make any required payment when due or within ten (10) days of the due date;  (b) you breach any covenant, representation, or warranty in this Agreement;  (c) you default in the performance of any other obligation in this Agreement and such default continues for ten (10) days after We provide you with written notice of the default;  (d) you are not eligible to finance a Device under this Agreement; or (e) you fail to maintain voice and/or data service (voice and data are both required for smartphone Devices) under a Service Agreement for the wireless Device covered by this Agreement, unless the Device is an iPad and you maintain another mobile service from Us that is billed on a monthly basis.
 
REMEDIES IN THE EVENT OF DEFAULT.  If you are in default of this Agreement and to the extent permitted by applicable law after We provide you notice and an opportunity to cure, We have the right to exercise any one or more of the following remedies:
 
·                     Disable the Device’s wireless network connectivity capabilities;
·                     Require you to immediately pay the sum of the remaining unpaid Amount Financed; and
·                     Require you to pay Us attorney and court cost fees if We file a suit for collection.
 
ASSIGNMENT.  NorthwestCell may, without your consent and without notice to you, assign this Agreement.  You may not assign this Agreement or any interest in this Agreement without NorthwestCell’s prior written consent.
 
GOVERNING LAW.  The law of the state of Missouri shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law.
 
ENGLISH LANGUAGE.  The original version of this Agreement is in the English language.  Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
 
DISCLAIMER OF WARRANTIES/RETURN POLICY.  NorthwestCell makes no warranties of any kind, statutory, express or implied on the Device, and there will be no implied warranties of merchantability or of fitness for a particular purpose.  NorthwestCell has a limited return policy.  For information about our return policy and manufacturer's warranties, please contact NorthwestCell’s customer service department or ask a sales representative for details.