ATLAS PHONE GUARD MOBILE PHONE I

ATLAS PHONE GUARD MOBILE PHONE INSURANCE
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6. Causes of “loss” insured
We insure against all risks of Accidental Damage, Breakdown or Theft to the covered Mobile Phone except those causes excluded elsewhere in this policy.

7. Causes of “loss” not insured
We will not pay for a “loss “ which is caused by or resulting from:
a. Obsolescence including technology obsolescence;
b. Rust, change in colour, texture or finish, wear and tear, and gradual deterioration;
c. Delay, loss of market, loss of use, loss of income, business interruption or any other indirect, remote or consequential loss of any kind;
d. Unexplained or mysterious disappearance;
e. Fraudulent, dishonest or criminal act(s) committed alone or in collusion with others by you and any family members living in the same household, your partners, employees, or other persons to whom the covered property has been entrusted for any purpose;
f. Theft or disappearance of the covered mobile phone from a vehicle or building unless it is stored out of sight, (in a locked glove compartment if in a vehicle) and is accompanied by visible, forced entrance and reported to the local police at the time of the loss;
g. Normal wear and tear;
h. The cost of or due to unauthorized repairs

8. Deductible (Excess)

Contract or Mobile Phone Value	Excess payable upon Theft	Excess payable upon each repair
AUD$0-AUD$726	AUD65	AUD$25

AUD726-AUD$1,100	AUD$105	AUD$25

9. Valuation
a. In the event of a “loss” the value of the property shall be determined at the time of “loss” and we will, at our option, either repair or replace your property with property of like kind and quality. You will not receive replacement property if the covered repair is less than the cost to satisfy the user’s Mobile Phone contractual liability. You will not receive cash in lieu of repair, replacement or settlement of your Mobile Phone service contract.
b. In order for this policy to apply, the “loss” must be properly filed as per the conditions outlined in this policy.

LOSS PROVISIONS

10. What duties you have following a “loss”
a. You will give our authorized representative, The Atlas Club, notice within 7 days of the “loss”. The notice should include: The Certificate number, where or how the loss occurred, date and time of the loss, nature of the “loss”.
b. You will take all reasonable steps to minimize the “loss” and protect the involved property from any further damage.
c. If the “loss” involved a violation of law, you agree to promptly provide notice to the law enforcement agency with jurisdiction. You also agree to provide us with a copy of report.
d. You will permit us to inspect the damaged property before it is disposed of.
e. You will agree to examinations under oath at our request.
f. You will provide us with all pertinent records needed to prove the “loss”.
g. You will cooperate with us in the investigation or settlement of the “loss”.
h. You will provide us, or our authorized representative, The Atlas Club, a sworn statement of “loss”, including a copy of the police report for theft or attempted theft, containing the information we requested to settle your loss. You must do this within thirty (30) days. Your sworn statement of “loss” must be signed by you.

11. Policy Loss Conditions

a. You agree that it is a condition of this policy that repairs or replacement must be performed at an Atlas Club authorized repair facility
b. We need not accept any property you abandon.
c. If you and we do not agree on the amount of loss, you and we shall each select a competent appraiser within 60 days after receiving a written request from the other. The appraisers shall select an umpire. If they do not agree on an umpire within 15 days, the appraisers shall ask a judge of a court of record of the state in which the appraisal is pending to make the selection. The written agreement of any two of the appraisers and the umpire shall be binding and set the amount of loss. You shall pay the expense of your appraiser and we shall pay for ours. You and we shall share equally the expense of the umpire and the other expenses of the appraisal.
d. You may not bring legal action against us under this policy unless you have fully complied with all the agreements and conditions of this policy. The action must be started within one year after you discover the “loss”.
e. We will pay or make good any “loss” covered under this policy within 30 days after we reach agreement with you
f. This insurance is for your benefit only. No other person or organization having custody of the covered property shall benefit from this insurance.
g. No action on our part to recover or save the property from further “loss”, nor any action that we may take in connection with the investigation of a “loss”, shall mean we have given up any of our rights under this policy.
h. Each loss paid will reduce the amount of insurance. The total amount of insurance shall not exceed the cost of the phone or the liability remaining under the Mobile Service Contract whichever is lesser.
i. We will not pay for any part of a “loss” that has been paid or made good by others.
j. If any person or organization to whom we make payment under this policy has a right to recover damages from another, that right must be transferred to us. That person or organization must do everything necessary to assist us, and must do nothing to hinder us in our recovery. Any amount we obtain through recovery or salvage (property saved from the loss) shall accrue to our benefit until the sum we paid has been made up.
k. If, by any act or agreement before or after a “loss”, you hinder our rights to recover from other liable parties for the “loss”, we will not pay you for that “loss”; nor will we pay you for any “loss” or damage that you settle or negotiate with others without our consent. You may, however, accept the usual bills of lading or shipping receipts limiting the liability of carriers

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