Common use of New Mexico Customers Clause in Contracts

New Mexico Customers. If this Agreement has been in effect for at least seventy (70) days, Brightstar may not cancel this Agreement before the expiration of the agreed term or one year after the effective date of the service contract, whichever occurs first, unless: (i) the Subscriber fails to pay an amount when due, (ii) the Subscriber is convicted of a crime which results in an increase in the service required under this Agreement (iii) Brightstar discovers (A) fraud by the Subscriber or a material misrepresentation by the Subscriber in obtaining this Agreement or in filing a service request for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. If Brightstar cancels this Agreement, Brightstar will provide at least fifteen (15) days written notice to the Subscriber. If Brightstar fails to remit to the Subscriber any amounts due and owing from Brightstar to the Subscriber under section 11(c) of this Agreement within sixty (60) days after the effective date of cancellation of this Agreement, Brightstar shall remit to the Subscriber the amount due and owing from Brightstar plus an additional ten percent (10%) of such amount for each thirty (30) day period or portion thereof Brightstar fails to remit to the Subscriber such amount. Final contract price to be determined prior to presentation to consumer for signature.

Appears in 5 contracts

Samples: Service Contract/Extended Limited Warranty, Service Contract, Service Contract

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New Mexico Customers. If this Agreement has been in effect for at least seventy (70) days, Brightstar may not cancel this Agreement before the expiration of the agreed term or one year after the effective date of the service contractAgreement, whichever occurs first, unless: (i) the Subscriber fails to pay an amount when due, (ii) the Subscriber is convicted of a crime which results in an increase in the service required under this Agreement (iii) Brightstar discovers (A) discovers fraud by the Subscriber or a material misrepresentation by the Subscriber in obtaining this Agreement or in filing a service request Claims for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. If Brightstar cancels this Agreement, Brightstar will provide at least fifteen (15) days written notice to the Subscriber. If Brightstar fails to remit to the Subscriber any amounts due and owing from Brightstar to the Subscriber under section 11(c) of this Agreement within sixty (60) days after the effective date of cancellation of this Agreement, Brightstar shall remit to the Subscriber the amount due and owing from Brightstar plus an additional ten percent (10%) of such amount for each thirty (30) day period or portion thereof Brightstar fails to remit to the Subscriber such amount. Final contract price to be determined prior to presentation to consumer for signature.thirty

Appears in 2 contracts

Samples: Phone Protection Plan Agreement, Phone Protection Plan Agreement

New Mexico Customers. If this Agreement has been in effect for at least seventy (70) days, Brightstar eSecuritel may not cancel this Agreement before the expiration of the agreed term or one year after the effective date of the service contract, whichever occurs first, unless: (i) the Subscriber fails to pay an amount when due, (ii) the Subscriber is convicted of a crime which results in an increase in the service required under this Agreement (iii) Brightstar eSecuritel discovers (A) fraud by the Subscriber or a material misrepresentation by the Subscriber in obtaining this Agreement or in filing a service request claim for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. If Brightstar eSecuritel cancels this Agreement, Brightstar eSecuritel will provide at least fifteen (15) days written notice to the Subscriber. If Brightstar eSecuritel fails to remit to the Subscriber any amounts due and owing from Brightstar eSecuritel to the Subscriber under section 11(c) of this Agreement within sixty (60) days after the effective date of cancellation of this Agreement, Brightstar eSecuritel shall remit to the Subscriber the amount due and owing from Brightstar eSecuritel plus an additional ten percent (10%) of such amount for each thirty (30) day period or portion thereof Brightstar eSecuritel fails to remit to the Subscriber such amount. Final contract price to be determined prior to presentation to consumer for signature.

Appears in 1 contract

Samples: Service Contract/Extended Limited Warranty

New Mexico Customers. If this Agreement has been in effect for at least seventy (70) days, Brightstar may not cancel this Agreement before the expiration of the agreed term or one year after the effective date of the service contract, whichever occurs first, unless: (i) the Subscriber fails to pay an amount when due, (ii) the Subscriber is convicted of a crime which results in an increase in the service required under this Agreement (iii) Brightstar discovers (A) discovers fraud by the Subscriber or a material misrepresentation by the Subscriber in obtaining this Agreement or in filing a service request for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement after the effective date of this Agreement which substantially and materially increases the service required under this Agreement. If Brightstar cancels this Agreement, Brightstar will provide at least fifteen (15) days written notice to the Subscriber. If Brightstar fails to remit to the Subscriber any amounts due and owing from Brightstar to the Subscriber under section 11(c) of this Agreement within sixty (60) days after the effective date of cancellation of this Agreement, Brightstar shall remit to the Subscriber the amount due and owing from Brightstar plus an additional ten percent (10%) of such amount for each thirty (30) day period or portion thereof Brightstar fails to remit to the Subscriber such amount. Final contract price to be determined prior to presentation to consumer for signature.

Appears in 1 contract

Samples: Service Contract/Extended Limited Warranty

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New Mexico Customers. If this Agreement has been in effect ineffect for at least seventy (70) days, Brightstar Likewize may not cancel this cancelthis Agreement before the expiration of the agreed term or one year after the effective date of the service contract, whichever occurs first, unless: (i) the Subscriber fails to pay an amount when due, (ii) the Subscriber is convicted of a crime which results in an increase in the service required under this underthis Agreement (iii) Brightstar discovers (A) Likewize discovers fraud by the Subscriber or a material misrepresentation by the Subscriber in obtaining inobtaining this Agreement or in filing a service request for service hereunder, (B) the Subscriber commits any act, omission or violation of any condition of this Agreement after the afterthe effective date of this Agreement which substantially and materially increases the service required under this Agreement. If Brightstar Likewize cancels this Agreement, Brightstar Likewize will provide at least fifteen (15) days written notice to the Subscriber. If Brightstar Likewize fails to remit to the Subscriber any amounts due and owing from Brightstar Likewize to the Subscriber under section 11(c) of this Agreement within sixty (60) days after daysafter the effective date of cancellation of this Agreement, Brightstar Likewize shall remit to the Subscriber the amount due and owing from Brightstar Likewize plus an additional ten percent (10%) of such ofsuch amount for each thirty (30) day period or portion thereof Brightstar Likewize fails to remit to the Subscriber such amount. Final contract price to be determined prior to presentation to consumer for signature.

Appears in 1 contract

Samples: Device Protection Plan

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