Accidental Damage Insurance Policy - Terms and Conditions

CompleteCare

THIS COMPLETECARE POLICY (THE “POLICY”) IS UNDERWRITTEN BY NOVA RISK PARTNERS LIMITED, REGISTRATION NUMBER 1998/011947/06, REGISTERED ADDRESS 7 FRICKER ROAD IILOVO SOUTH AFRICA, WHO HAVE APPOINTED DELL (SA) WHOSE PRINCIPAL OFFICE IS AT DELL HOUSE
NORTHDOWNS OFFICE PARK, 17 GEORGIAN CRESCENT, BRYANSTON, SOUTH AFRICA (“THE AGENT”) AS THEIR AGENT TO SELL THIS INSURANCE PRODUCT AND ADMINISTER ANY CLAIMS ARISING FROM THIS POLICY.

Upon payment of your premium for your policy , Nova Risk Partners limited (“we”, “us” or “NRP”) will provide you with CompleteCare cover pursuant to the following terms and conditions:

1. Products Covered/External Components Excluded (“Covered Product”):

This Policy will cover the Product described on Dell’s invoice to you, including the central processing unit, keyboard, internal hard drives, and the computer’s built-in LCD. This Policy does not cover peripheral devices, such as docking stations, external modems, game devices, carrying cases, and other computer components not internal to the Product. This Policy is for hardware only. CompleteCare cover does not cover any defects in or damage (including without limitation virus-inflicted damage) to software preloaded on, purchased with or otherwise loaded on the Product, including without limitation Custom Factory Integration items.

2. Scope of Cover:

Repair and Replacement Cover. During the term of this Policy and subject to the limitations in this Policy, we will repair or replace the Product as necessary to correct accidental damage to the Product. For example, under this Policy, we will repair or replace the Product if it is damaged because:

  • You spill liquid on the keyboard; or
  • You accidentally drop the Product; or
  • An electrical surge damages the Product’s internal circuitry; or
  • The LCD cracks or shatters in extreme temperatures.

If we repair your Product, you understand and agree that we may replace original parts with new or used parts from the original manufacturer, or a different one. Replacement parts will be functionally equivalent to the original parts. If our Agent decides that it is necessary to replace the Product rather than repair it, you will receive a Product equivalent to or better than the Product you originally purchased from Dell, as determined by our Agent at their sole and reasonable discretion.

3. Limits of Support Cover:

This Policy provides worldwide cover. However, we will only repair or replace the Product when it is located in South Africa. Should the Product sustain accidental damage covered under this Policy outside South Africa you are responsible for returning the Product to South Africa in order for our Agent to effect repair or replacement.

This Policy does not cover and we are not obligated to repair or replace:

  • Any damage to or defect in the Product that is cosmetic only or otherwise does not affect Product functionality. Under this Policy, we are not obligated to repair reasonable wear and tear on the Product and other superficial items, such as scratches and dents that do not materially impair your use of the Product.
  • Any Product that anyone other than our Agent or a person we or our Agent designate has tried to repair. Any repair or attempted repair on the Product covered by this Policy by any party other than us, our Agent or someone we designate will cancel this Policy. We will not reimburse you for any repairs that you or another person make or attempt to make to the Product.
  • Any Product that is lost or stolen. To receive repair or replacement of a Product, you must return the damaged Product to our Agent in its entirety.
  • Any Product that is damaged by fire from an external source or that is intentionally damaged. If we or our Agent find evidence of intentional damage, we are not obligated to repair or replace the Product.
  • Any Product that is damaged by acts of terrorism or war.
  • Any recovery or transfer of data stored on the Product. You are solely responsible for all data stored on the Product. We do not provide you any data recovery services under this Policy. However, if hard drive replacement is necessary, the then-current version of major application and operating system software you originally purchased from Dell will be reloaded at no charge to you.
  • Preventive maintenance. It is not necessary that you perform any preventive maintenance on the Product to obtain repair or replacement of a Product covered by this Policy.

THIS POLICY IS LIMITED TO A MAXIMUM OF THREE CLAIMS DURING THE TERM OF THE POLICY.

4. Limitation of Liability:

NEITHER THE UNDERWRITER NOR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE LIABLE TO YOU, OR ANY SUBSEQUENT OWNER OR OTHER USER OF THE PRODUCT, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LIABILITY OR DAMAGES FOR THE PRODUCT NOT BEING AVAILABLE FOR USE, LOSS OR CORRUPTION OF DATA OR SOFTWARE, PERSONAL INJURY, DEATH, OTHER INDIRECT LOSS DUE TO PRODUCT FAILURE, OR ANY AND ALL INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY CLAIMS DESCRIBED IN THIS PARAGRAPH. YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE CURRENCY AMOUNT PAID BY YOU FOR THE PURCHASE OF THE PRODUCT COVERED BY THIS POLICY.

5. Your Responsibilities:

a. General: To receive the CompleteCare cover, you are responsible for complying with the following:

1) Cooperate with Technician You must cooperate with the technician to ensure that the Product is properly serviced. At the technician’s discretion, he/she will either arrange for the shipment of a replacement part for you to install on the Product or give you direction as to product shipment or pick-up . So long as you follow the technician’s directions, we will pay all charges incurred for return of the Product to our designated repair facility. Once at our designated repair facility, we may repair the Product or have our Agent ship you a replacement Product depending on an assessment of the damage to the Product. In some cases, where it can be determined over the telephone that a replacement Product will be necessary, our Agent may, at it’s discretion, ship you a replacement Product immediately. However, if you fail to return the damaged Product to us, you agree that you are responsible for the retail price of the replacement Product.
2) Payment. CompleteCare cover is only available with the purchase of a Dell LatitudeTM or InspironTM notebook computer or Dell PrecisionTM Mobile Workstation (the “Product”), but it is not necessary that you purchase CompleteCare cover to buy a Product from Dell. Dell’s invoice to you for the Product will indicate whether you purchased CompleteCare cover, and will serve as your receipt. The Product will be tagged with a serial number that will indicate your purchase of CompleteCare cover (the “Service Tag”).

b. How and When to Use:

1) The hours of support shall not include regular recognised public holidays applicable to the country where service is to be carried out. We and our Agent are not liable for any failure or delay in performance due to any cause beyond our control.

2) To make a claim under this Policy, you must call our Agent’s claims department at 11 709 7710. When you call, a technician will ask for the Service Tag number located on your Product. Once the technician has verified your purchase of CompleteCare cover, he or she will ask you a series of questions to assess the extent and cause of damage to the Product.

6. General Terms:

a. Term and Renewal: This Policy begins on the date you receive the Product from Dell and expires after the period stated on the Policy Schedule or upon settlement of your third claim hereunder, whichever is the earlier . There is no obligation on either party to this Policy for the term of this Policy to be extended or renewed.

b. Claims of Confidentiality or Proprietary Rights: You agree that any information or data disclosed or sent to our Agent or to us, over the telephone, electronically or otherwise, is not confidential or proprietary to you.

c. Transferability. You may transfer this Policy to subsequent owners of the Product. We will provide CompleteCare cover for the term of this Policy to all subsequent owners of the Product, but before we provide CompleteCare cover to a subsequent owner, it is the responsibility of the subsequent Product owner to provide our Agent with Service Tag and/or invoice information to verify the purchase of CompleteCare cover by the Product’s original owner.

d. Cancellation: This Policy is dated as of the date you receive the Product from Dell. You may cancel this Policy within the thirty (30) days of your receipt of this Policy by sending written notice to us at:

CompleteCare Service Department

Nova Risk Partners Limited

7 Fricker Road

Illovo

South Africa

If you cancel this Policy within thirty (30) days of your receipt of it, we will send you a full refund less the cost of claims, if any, made under this Policy. You may not cancel this Policy after thirty (30) days of your receipt of this Policy.

We may cancel this Policy if you fail to pay the Total Price plus any applicable taxes for CompleteCare cover in accordance with our Agent’s invoice terms, make a misrepresentation to us or our Agent, or otherwise breach your obligations under this Policy. We will not cancel this Policy for any other reason. If we cancel this Policy, we will send you written notice of cancellation at the address indicated in our records. The notice will include the reason for cancellation and the effective date of cancellation. Any refund of premium will be at our sole discretion.

e. Entire Agreement: This Contract is the entire agreement between you and NRP with respect to its subject matter and none of our employees or our Agent may orally vary the terms and conditions of this Contract.

f. Additional Remedies. This Policy affords you specific legal rights. You may have additional legal rights. This Policy is not a warranty. The Product you purchase from Dell may also come with a limited warranty from Dell or third party manufacturers of products Dell distribute. Please consult Dell’s limited warranty statements for your rights and remedies under those limited warranties.

g. Law Applicable. Unless specifically agreed to the contrary this Policy shall be subject to South African Law and to the non-exclusive jurisdiction of the South African Courts.

h. Data Protection. You have a right to a copy of your personal data held by us, upon payment of a fee.

i. Customers With Special Needs. We are able to provide upon request certain services to assist customers with special needs. Please advise us if you require any of these services so that we can communicate in an appropriate manner.

j. Customer Care. If you have cause for complaint you should contact our Agent on (011) 709 7710. If the matter remains unresolved you may contact Nova Risk Partners Limited at 7 Fricker Road, Illovo, South Africa. If you wish to have independent advice concerning your complaint you may contact the Short-Term Insurance Ombudsman, PO Box 30619, Braamfontein, 2017. Following these procedures will not affect your legal rights.

k. Underwriters. This Policy is underwritten by Nova Risk Partners Limited