Customer Protection Insurance
Terms and Conditions
|1. Loss or damage to items purchased.
|Repair or replacement of item.
|2. Death of insured person.
|Outstanding balance due under the Credit Agreement paid.
|3. Total disablement of the insured person.
|Outstanding balance due under the Credit Agreement paid.
|4. Loss of Employment due to Retrenchment.
|Outstanding balance due under the Credit Agreement paid if contract older than 3 months.
Whereas the Insured named in the Credit Agreement has applied to the Company (Guardrisk Insurance Company Limited) for the Insurance
as defined hereinafter and in consideration of which cover has been granted, it is hereby agreed that:
In consideration of the payment of the premium and subject to the Exceptions and Conditions of the policy the Company agrees to
indemnify the Insured in respect of the Insured Events covered by and occurring between the Period of Insurance of the policy. This
policy shall be read as one contract and any word or expression to which a specific meaning has been attached to any part thereof
shall bear the same meaning wherever it may appear.
1. SPECIFIED RISKS
For what am I covered?
If during the Period of Insurance, the goods which are the subject matter of the Agreement as noted in the Schedule, are lost or damaged by any accidental or misfortunate means solely attributable to an unexpected event, or are lost as a result of theft from the Insured’s residential or business premises, such theft being accompanied by forcible and violent entry or exit to or from the Insured’s premises, then the Company will indemnify the Insured or its legal representative by the payment of all amounts owing in respect of the Agreement, or by replacement or reinstatement of the goods.
What is not covered?
1. Loss or damage or failure for which the manufacturer, supplier, or lessor is liable or which is covered by a standard maintenance contract or agreement.
2. Wear and tear;
a) Any process of cleaning, repairing or restoring;
b) Breakage of glass or of articles of a brittle nature unless caused by burglars, thieves or fire:
c) Scratching or other superficial damage to outer casing aerials or keypads;
d) Damage or deterioration caused by the action of light, atmospheric conditions, moth, vermin or any gradually operating cause;
e) Confiscation or detention by customs or any process of law;
f) War, riot, civil commotion and the like risks;
g) Legal liability of any description whatsoever.
3. Unexplained disappearance.
4. Theft from any unlocked and / or unattended vehicle unless the following conditions are complied with:
a) where such motor vehicle has a luggage compartment and / or boot;
b) The Property Insured shall be kept locked securely in such luggage compartment and entry into such luggage compartment and / or boot must be obtained by actual visible and forcible means. However, the above a) shall be apply to fixed (non- removable) assets or should the vehicle itself be stolen at the same time.
5. Theft from any residential or business premises unless accompanied by forcible and violent entry and / or exit.
6. Loss of or damage to batteries and Sim Cards.
7. Mechanical and electrical breakdown or erasure / corruption of data, or defects indesign or manufacture, or failure of batteries.
8. Any consequential loss of whatsoever nature.
How much am I covered for?
1. Partial damage - where the equipment can be repaired the Company will pay the costs reasonably incurred to restore it to the state
it was in immediately before the occurrence of the incident. Should such costs exceed 60% of the replacement cost, the equipment
will be replaced.
2. Total Loss - Replacement Value Indemnity. When the Equipment is lost or damaged beyond repair then the Company will pay the
reasonable cost of replacement with equipment of the same or similar type and conditions as the Insured Property. The Company
will elect through replacement or repayment to indemnify you up to the sum insured stated in the Agreement against what you are
covered for, subject to the exclusions stated.
What goods are covered?
All items stated in the Agreement of purchase.
2. PERSONAL BENEFIT SECTION
For what am I covered?
If during the Period of Insurance, you shall sustain sickness contracted during the term of the Agreement, or Bodily Injury which injury or
sickness shall solely and independently of any other cause result in your death or permanently total disablement, the Company will pay
to the Seller all amounts owing in respect of the Agreement on the Insured’s behalf.
What is not covered?
1. Suicide or attempt thereat, wilful self-injury or any death or disablement arising directly or indirectly from the Insured being affected by alcohol, drugs or insanity (whether temporary or otherwise);
2. The Insured committing or attempting to commit any breach of the law;
3. Active participation in war, riot, civil commotion and the like as more fully described under General Exceptions;
4. Participation in hazardous activities such as mountaineering, scuba-diving, winter sports, big game hunting or riding or driving in any kind of race or whilst practising therefor, parachuting or hang-gliding.
5. Any pre-existing condition the Insured was aware of that affected him/her in the 12 months preceding the cover under this policy which condition was not disclosed by the Insured at the time that this policy was applied for despite being explicitly requested to make such disclosure.
3. LOSS OF EMPLOYMENT
For what am I covered?
If during the Period of Insurance, you suffer the loss of employment as a direct result of Retrenchment by your employer, or as a result of the loss of employment as a consequence of being made redundant by your employer and do not manage to secure employment or receive remuneration for any occupation after three months of the loss of employment, the Company will pay to the seller all outstanding amounts. Provided further that in the event that you shall suffer the loss of employment within the first three months of the commencement date, no benefits shall be payable.
What is not covered?
You shall not be entitled under this Policy in respect of Loss of Employment arising directly or indirectly from, related to, or in consequence of:
1. Normal or early retirement;
2. you being employed or receiving remuneration for any occupation within the first 3 months after your retrenchment or being made redundant by your employer.
3. you being retrenched or made redundant by your employer within the first 3 months from inception of the policy
4. you committing any breach of law or committing or attempting to commit any action that resulted in your dismissal in terms of the employers Conditions of Employment
5. you resigning from your employment or accepting voluntary Retrenchment or Redundancy
6. you having been aware at the Commencement Date of The Agreement that the possibility of Retrenchment or Redundancy existed
The Insured shall mean the Insured who has entered into an Instalment Sale Agreement with the Seller.
The Seller shall mean Full House Retail Limited.
The Agreement shall mean the Instalment Sale Agreement entered into between the Insured and the Seller for the purchase of goods in terms of the goods supplied to the Insured by the Seller under a sale transaction in terms of a credit transaction as defined in the National Credit Act and where in the Insured has been granted an Instalment Credit by the Seller.
Outstanding Balance shall mean the balance owing to the Seller under the terms of the Agreement as at the date of Death or Disability of the Insured or destruction or loss of the goods and which amount would have been owing had regular payments been maintained of every instalment under the Agreement.
Period of Insurance shall mean the term of the Agreement prior to the termination date, the agreement may be terminated should the insured settle the outstanding balance in full. Insurance premiums will be recalculated to take into account the reduced period.
The Sum Insured shall mean “The Outstanding Balance”
Permanently total disabled shall mean total and absolute disablement from engaging in or giving attention to your usual occupation.
5. GENERAL EXCEPTIONS
1. This policy does not cover loss, damage or liability directly or indirectly caused by or related to or in consequence of:
a) civil commotion, labour disturbances riot, strike, lockout or public disorder or any act or activity which is calculated or directed to
bring about any of the above;
b) war, invasion, act of foreign hostilities or warlike operations (whether war be declared or not) or civil war; mutiny, military rising or usurped power, martial law or state of siege or any other event or cause which determines the proclamation or maintenance of martial law or state of siege; insurrection, rebellion or revolution;
c) any act (whether on behalf of any organisation, body of person or groups of persons) calculated or directed to overthrow or influence any state or government or any provincial, local or tribal authority with force or by means of fear, terrorism or violence;
d) any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective or cause or to bring about any social or economic change or in protest against any state or government or any provincial, local or tribal authority or for the purpose of inspiring fear in the public or any section thereof;
e) Any attempt to perform any act referred to in clause (c) to (f) above
f) The act of any lawfully established authority in controlling, preventing or suppressing or in any other way dealing with any occurrence referred to in clauses (a), (b), (c), (d), (e) or (f) above. If the Company alleges that by reason of clauses (a) to (f) above of this exception, loss or damage or liability is not covered by this Policy the burden of proving the contrary shall rest on the Insured.
2. Any occurrence for which a fund has been established in terms of the War Damage Insurance and Compensation Act 1976 (Act no. 85 of 1976) or any similar Act applicable to the territories to which this Policy applies.
3. Nuclear weapons, material ionising, radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purposes of this exception only combustion shall include any self-sustaining process of nuclear fusion.
4. Consequential loss of any description or delay.
5. Earthquake, whether caused by mining operations or otherwise, subterranean fire, volcanic eruption or other convulsion of nature, tidal wave, subsidence or landslip. An insured event occurring elsewhere than in Africa, South of Latitude, 15 degrees South excluding Angola, Malawi, Mozambique and Zambia unless otherwise stated in a section.
6. This policy shall not indemnify the Insured or be liable to pay any compensation for death, sickness or bodily injury to an insured person:
a) caused by or resulting from (1) his / her suicide or intentional self injury; (2) sustained during service on duty in any armed or police force (3) pregnancy, childbirth or any physical defect, infirmity, illness or disease existing prior to the Insured entering into the Agreement (4) Acquired Immune Deficiency Syndrome (AIDS) / Human immunodeficiency virus (HIV) or any complications or consequences arising there from;
b) who is participating in (1) civil commotion, labour disturbances, riot, strike, lockout or any activities associated with any of the aforementioned (2) aviation other than as a passenger;
c) where the insured is affected (temporarily or otherwise) by alcohol, drugs or insanity.
6. GENERAL CONDITIONSExcess - Should an insured item be replaced under this policy, the excess payable by the insured in any subsequent claim for replacement of the replaced insured item, will be equal to 50% of the normal instalment sale selling price of that replacement item.
1. This policy shall be voidable in respect of any item or Section in priority to the Policy as a whole if:
a) non-disclosure - there is misrepresentation, misdescription or non-disclosure of any material particular;
b) insurable interest - the Insured’s interest ceases except by will or operation of law unless such alteration has been accepted by the Company;
c) increase in risk - the risk of accident or loss, damage or liability is increased other than in circumstances for which provision is
made in a section or for which the Company has given its prior written consent;
d) Breach of Warranty - the Insured breaches any warranty.
2. Prevention of loss - the Insured shall take all reasonable precautions for the maintenance and safety of insured property and for the
prevention of accidents or losses.
3. Other Insurances. The Company shall not be liable
a) to indemnify the Insured for any insured property which is or would but for the existence of this policy be insured or be insurable
by a marine insurance policy except in respect of any excess beyond the amount that would have been recoverable under such
marine insurance policy;
b) (i) to contribute more than it’s reteable proportion where there is another non-marine Policy in force covering partially or fully an
insured event also insured by this Policy;
(ii) when such policy contains any provision excluding it from ranking concurrent with or contributing reteably to this Policy for
more than such proportion of the loss or damage at the sum insured hereby bears to the value of the insured property and
if such other policy is subject to a condition of average this policy if not already subject to such condition shall also be subject
4. Fraud - if any claim under this Policy is in any respect fraudulent or if any fraudulent means or devices are used by the Insured or
anyone acting on his/her behalf to obtain any benefit under this Policy or if any loss or damage or liability be occasioned by the
wilful act of or with the connivance of the Insured all benefits under this Policy in respect of such claim shall be forfeit.
5. Jurisdiction - this Policy is subject to the laws of the Republic of South Africa whose courts shall have the sole jurisdiction to the
exclusion of the courts of any other country.
6. No benefits shall apply under this policy unless the Insured has complied with all his obligations under the Agreement and all
Instalments due thereunder have been paid in full up to and including the date of loss or are brought fully up to date, together with
interest on arrear amounts, within 30 days of the date of the loss.
7. CLAIMS PROCEDURE:
a) The Insured must inform the Seller WITHIN FOURTEEN DAYS IN WRITING, and provide him or his agent with all required evidence .
In the event of a claim arising from the death of the Insured, the same should be lodged by his executors or dependants. The death certificate must be produced.
b) In the event of cellular phones being lost or damaged,
• all details must be filled in, particularly the IMEI 14 digit number. If the Insured does not know the number the regional office (0215264300)can be contacted and same can be retrieved from the ITC / EIR Central Registry or Billing Information. No theft claims will be accepted by the Seller without this number.
• in the event of the cellular phone being water damaged, it should be taken to a repairman immediately to stop corrosion damage.
• All parts(damaged or not) must be handed in to avoid insured having to pay “extras” such as missing batteries, charges, transformers etc. No claim will be paid out if no cellular phone received.
c) all theft losses must be reported to the police and all practical steps to discover the guilty party and recover the stolen or lost property should be taken.
8. COMPLAINTS PROCEDURE:
a) Please note that all complaints regarding the services received from Full House must be referred to the respective Full House branch
to be recorded and dealt with. Policy available on request.
9. CONFLICT OF INTEREST POLICY:available on request.
10. NOTICE OF DISCLOSURE:Important - Please read carefully
As a short-term insurance policyholder, or prospective policyholder, you have the right to the following information:
1. YOUR INTERMEDIARY
a) Name: Full House Retail (Pty) Ltd
Reg No. 1988/060019/07
FAIS Licence Number: FSP 26/10/4441
Physical Address: 16 Jig Ave, Montague Gardens, Cape Town, 7442
Postal Address: PO Box 36562, Chempet, 7442
Telephone Number: 021 526 4300
Fax Number: 021 555 3970
b) Legal Status
We, Full House Retail (Pty) Limited, are a company incorporated in terms of the South African company legislations and we have an intermediary agreement with Guardrisk Insurance Company Limited.
c) We do not have Professional Indemnity Insurance Cover.
d) Full House earns a commission of 20% of the Gross Written Premium.
2. THE INSURER (UNDERWRITER) WITH WHOM YOUR POLICY IS PLACED:
a) Name: Guardrisk Insurance Company Limited
Reg No. 1992/001639/06
FAIS Licence Number: FSP 26/10/75
Physical Address: 102 Rivonia Road Sandton, 2146
Postal Address: PO Box 786015, Sandton, 2196
Telephone Number: 011 669 1000
Fax Number: 012 675 3856
Compliance Officer: 011 669 1039 or firstname.lastname@example.org
b) Type of Policy: As per the attached policy wording
c) Premium Payments:
Refer to the Credit Agreement for the premium amount. Monthly premiums are due at the beginning of each month. A grace period
of 15 days is allowed for payment after the due date. If payment is not received by the end of the grace period, cover will cease
from the due date. If it is a new monthly policy, the 15 day grace period will start from the beginning of the second month of the
currency of the policy.
3. OTHER MATTERS OF IMPORTANCE
a) you must be informed of any material changes to the information referred to in paragraphs 1 and 2
b) If the information in paragraph 1 and 2 was given orally, it must be confirmed in writing within 30 days.
c) if any complaint to the intermediary or insurer is not resolved to your satisfaction, you may submit the complaint to the FAIS Ombud.
d) Polygraph or any lie detector test is not obligatory in the event of a claim and the failure thereof may not be the sole reason for repudiating a claim.
e) If premium is paid by debit order:
i) it may only be in favour of one person and may not be transferred without your approval; and
ii) the insurer must inform you at least 30 days before the cancellation thereof; in writing of its intention to cancel such debit order.
f) The insurer and not the intermediary must give reasons for repudiating your claim.
g) Your insurer may not cancel your insurance merely by informing your intermediary. There is an obligation to make sure the notice has been sent to you.
h) You are entitled to a copy of the policy free of charge.
a) Do not sign any blank or partially completed application form.
b) Complete all forms in ink.
c) Keep all documents handed to you.
d) Make notes as to what is said to you.
e) Don’t be pressurised to buy the product.
f) Incorrect or non-disclosure by you of relevant facts may influence an insurer on any claims arising from your contract of insurance.
5. PARTICULARS OF SHORT-TERM INSURANCE OMBUDSMAN
Postal address: PO Box 30619, Braamfontein, 2017
Telephone number: 011 726 8900
Fax number: 011 726 5501
The Ombudsman is available to advise you in the event of insurance claims problems which are not satisfactorily resolved by the Intermediary.
6. PARTICULARS OF THE FAIS OMBUD.
Postal address: PO Box 74571, Lynwood Ridge, 0040
Telephone number: 012 470 9080/99
Fax number: 012 348 3447
If your intermediary / FSP was unable to resolve a complaint about an insurance product purchased, varied, replaced or terminated,
you may submit a complaint to the FAIS Ombud
7. PARTICULARS OF THE REGISTRAR OF SHORT-TERM INSURANCE
Postal address: Financial Services Board, PO Box 35655, Menlo Park, 0102
Telephone number: 012 428 8000
Fax number: 012 346 6941
Contact centre: 080 011 0443 / 080 020 2087
If any insurance complaint to the Intermediary / FSP or Insurer is not resolved to your satisfaction, you may submit the complaint to the Registrar or Short-term Insurance.