Christopher Lott <cml@cs.umd.edu> (05/31/91)
Hi Pat,
Hot off the flatbed scanner, here is the full text of the Bell
Atlantic Guardian Insurance policy. The policy strikes me as more
than a little vague -- for example, do they cover only their phones
which you are renting, or any $8.99 phone which maybe you got free in
some promotion?
chris ...
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TERMS AND CONDITIONS OF THE OPTIONAL WIRE MAINTENANCE PLAN AND BELL
ATLANTIC GUARDIAN (sm) ENHANCED MAINTENANCE SERVICE
The Chesapeake and Potomac Telephone Company (hereinafter referred to
as "C&P") offers the following wire maintenance plans: (l ) Optional
Wire Maintenance Plan ("the Basic Plan"), and (2) Bell Atlantic
Guardian (sm) Enhanced Maintenance Service. The following terms and
conditions will govern the provision of these Plans.
DESCRIPTION OF THE PLANS
A. Optional Wire Maintenance Plan (the "Basic Plan"): This is an
optional wire maintenance plan (hereafter referred to as the "Basic
Plan") which includes the following service:
In accordance with C&P's standard procedures, C&P will perform such
repairs to the Customer's standard inside telephone wire and jack(s)
(subject to the Plan Exclusions listed below) that become necessary
and are reported to C&P while you are covered under this Plan. If a
repairperson is dispatched to perform repairs to your inside wire or
jack(s), and the problem is in your telephone or associated equipment
rather than the wire or jacks, you may be required to pay a service
charge for that visit at C&P's then-applicable rates.
Guardian Plan: This plan provides you the same coverage as the Basic
Plan, plus the following:
In addition to the Basic Plan, if the trouble occurs in your telephone
set, C&P will provide you a standard desk telephone for up to 60 days
while you arrange to have your telephone set repaired or replaced.
Also, you will not be billed a service charge when the problem is
found to be in your telephone equipment and not your inside wire or
jacks. If you have a permanently wired telephone without a standard
telephone jack needed to use the loaner telephone, C&P will convert
one telephone jack to modular free of charge. You will then be
responsible for converting your telephone to modular or for acquiring
a modular telephone to be used with the modular jack. Within 60 days,
you must return the loaned telephone in accordance with C&P's
then-applicable procedures. If you fail to return the loaned telephone
as and when required, you may be billed at C&P's then-applicable
rates for all costs and expenses associated with such failure.
To request maintenance service under either of these Plans, the
Customer should call the C&P repair service telephone number, or such
other number as C&P may designate.
CHARGES
The current monthly charges for these two Plans are as follows:
Basic Plan: $.85 per telephone line per month.
Guardian Plan: $2.00 per telephone line per month.
A one-time service order charge may also be billed, if applicable,
when you order either of these Plans. The charges for these Plans are
subject to change by C&P from time to time, as more fully described in
the next paragraph. All charges, plus all applicable taxes, shall be
due and payable upon Customer's receipt of the applicable bill.
CHANGES IN MONTHLY CHARGES, TERMS AND CONDITIONS: THE CHARGES FOR
THESE PLANS, AND ANY OTHER TERMS AND CONDITIONS APPLICABLE TO THESE
PLANS. MAY BE CHANGED BY C&P AT ANY TIME UPON AT LEAST THIRTY (30)
DAYS' PRIOR WRITTEN NOTICE (WHICH MAY BE IN THE FORM OF A BILL INSERT
OR OTHER WRITTEN NOTIFICATION). THE PAYMENT OF APPLICABLE CHARGES BY
THE CUSTOMER, OR A REQUEST FOR SERVICE UNDER THE PLANS, AFTER RECEIV-
ING SUCH NOTICE OF A CHANGE IN THE CHARGES OR OTHER TERMS AND
CONDITIONS WILL BE DEEMED TO BE ASSENT BY THE CUSTOMER TO THE
CHANGE(S) IN THE CHARGES, TERMS OR CONDITIONS. IF THE CUSTOMER DOES
NOT WISH TO CONTINUE RECEIVING THIS PLAN UNDER SUCH REVISED CHARGES,
TERMS OR CONDITIONS, CUSTOMER MAY SIMPLY TERMINATE ITS PARTICIPATION
UNDER THE PLAN AT ANY TIME UPON NOTICE TO C&P.
LIMITED 90-DAY WARRANTY
C&P warrants for a period of 90 days that these services and products
will meet accepted industry practices and be free from defects in
materials or workmanship. Should any failure to conform to this
warranty appear and be reported to C&P within said 90-day period, C&P
shall reperform the nonconforming services, and repair or replace the
nonconforming product(s). Such reperformance of work and repair or
replacement of nonconforming products shall constitute the entire
liability of C&P and sole remedy of the Customer under this warranty,
whether claim or remedy is sought in contract, tort (including
negligence), strict liability, or otherwise.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, WHETHER WRITTEN OR IMPLIED, IN FACT OR IN LAW. C&P
DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
THE LIABILITY, IF ANY, OF C&P AND ITS EMPLOYEES AND AGENTS TO THE
CUSTOMER OR TO ANY OTHER PERSON FOR DAMAGES RESULTING FROM THE
PROVISION OF OR FAILURE TO PROVIDE SERVICE UNDER THESE PLANS, OR FROM
ANY FAULT. FAILURE, DEFECT OR DEFICIENCY IN ANY SERVICE, LABOR.
MATERIAL, WORK OR PRODUCT FURNISHED IN CONNECTION WITH THESE PLANS,
SHALL BE LIMITED TO AN AMOUNT NOT IN EXCESS OF $500.00. IN NO EVENT,
HOWEVER, SHALL C&P OR ITS EMPLOYEES OR AGENTS HAVE ANY LIABILITY FOR
SPECIAL, INDIRECT.
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROVISION OF OR
FAILURE TO PROVIDE SERVICE UNDER THESE PLANS, OR FROM ANY FAULT,
FAILURE, DEFECT OR DEFICIENCY IN ANY SERVICE, LABOR, MATERIAL, WORK OR
PRODUCT FURNISHED IN CONNECTION WITH THESE PLANS (SUCH AS, BUT NOT
LIMITED TO, TELEPHONE SERVICE OUTAGES AND ANY LOSS OF USE OF WIRING,
JACKS OR TELEPHONE EQUIPMENT, AND ANY DAMAGES RESULTING THEREFROM).
THESE LIMITATIONS OF AND EXCLUSIONS FROM LIABILITY SHALL APPLY
REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY). OR OTHERWISE.
PLAN ELIGIBILITY
These Plans are offered only to C&P's residence telephone Customers
who use only standard single line telephone set(s). The Plans are not
available to Customers with multi-line telephone equipment, systems or
services (such as multi-line sets associated with common equipment,
key telephone systems, Centrex service. private branch exchange (PBX)
equipment).
EXCLUSIONS
The Plans do not apply to: (1 ) wire larger than 8-pair, unless
otherwise expressly agreed by C&P: (2) wire or jack malfunctions or
problems which arise prior to the commencement of the Customer's
coverage under the Plan, or which are caused by abuse. acts of third
parties, fire, or natural disaster; (3) inside telephone wiring and
jack(s) which are non standard or do not comply with Part 68 of the
Federal Communications Commission Rules: (4) wire or jacks which at
the commencement of coverage are not in satisfactory condition or fail
to meet C&P's technical standards: (5) wire located outside of the
Customer's living unit in multi-tenant buildings: (6) restoration of
your premises if you ask C&P to repair concealed wire: and (7) repair
of the Customer's telephones or other premises equipment.
TERMINATION
The Customer may terminate participation in either Plan at any time
simply by notifying C&P's local business office (or such other number
that C&P may designate for such purpose). C&P may terminate the
Customer's participation in these Plans without cause only upon thirty
(30) days prior notice to Customer, but may terminate or suspend Plan
participation at any time in the event Customer fails to pay all
applicable charges when due.
EFFECTIVE DATE
Commencement and termination of coverage under either Plan shall be
effective on a date to be determined by C&P, which shall not be more
than 30 days after C&P receives the Customer's request(s) to commence
or terminate the Plan.
GENERAL PROVISIONS
In the event that any of the provisions of this Agreement shall be
invalid or unenforceable such invalidity or unenforceability shall not
invalidate or render unenforceable any other provision of this
Agreement, and this Agreement shall be construed as if it did not
contain such invalid or unenforceable provision.
C&P shall not be liable for any delay or failure to perform its
obligations if such delay or nonperformance arises in connection with
any acts of God, fires, floods, strikes or other labor disputes,
unusually severe weather, acts of any governmental body, or any other
cause beyond the reasonable control of C&P.
C&P Telephone
A Bell Atlantic Company
SSI# 700 219 421