CONTENTS OF THIS POLICY

Transcription

1 FNB EXTENDED WARRANTY AND PURCHASE PROTECTION TERMS AND CONDITIONS AND POLICY Date Amended: 04 July 2013 Date First Published: 01 July 2013 This important legal document explains the Extended Warranty and Purchase Protection FNB Gold and Encore Cheque Card holders will qualify for, when and how to claim. QUERIES/ QUESTIONS: CALL CONTENTS OF THIS POLICY 1. Introduction 2. Who Qualifies for Extended Warranty and Purchase Protection? 3. Section 1: Purchase Protection 4. Section 2: Extended Warranty 5. Section 3: General Conditions that apply to both Extended Warranty and Purchase Protection 1. INTRODUCTION Certain FNB Gold and Encore Cheque Card holders will automatically qualify for Extended Warranty and Purchase Protection on certain items they purchase and pay for in full by using their FNB Gold or Encore Cheque Card linked to an FNB Cheque Account. This policy gives you two types of protection: Purchase Protection: Cover for 90 days for loss or damage to the covered item that was caused by theft, fire or accident. Section 1of this document explains this cover in more detail. Extended Warranty: The Manufacturer s warranty will be extended up to 24 months for damage to the item caused by mechanical breakdown. This warranty applies from the time the manufacturer s warranty falls away. Section 2 of this document explains this cover in more detail. The terms and conditions will apply to you if you qualify for this Extended Warranty and Purchase Protection and will form an agreement between you and the insurer. While this policy is supplied to you by FNB (First National Bank), this policy is underwritten by RMB Structured Insurance Limited ( the insurer ). The insurer is an Authorised Financial Services Provider (FSP No. 1027), Issued and administered by CIB. This document explains your and FNB s legal rights and duties to each other, cover and how you must make claim. It also explains what is not covered under this policy. You must read this document carefully. Call FNB or get advice if you don t understand any part of these Terms and Conditions. FNB is a division of FirstRand Bank Limited. Note: These Terms and Conditions apply to you in addition to the other FNB Terms and Conditions that apply to you and your Cheque Account. FNB can change the terms and conditions of this policy because of changes in legislation, changes to the agreements with FNBs suppliers and/or changes to FNB s business rules. Changes will be published on 2. WHO QUALIFIES FOR EXTENDED WARRANTY AND PURCHASE PROTECTION? To qualify for Extended Warranty and Purchase Protection from FNB you must meet all of the following conditions: 1. You must be a South African citizen or foreign national. 2. You must purchase an electronic item that is eligible for cover (a covered item). 3. You must pay for the covered item in full using your qualifying FNB Cheque Card. 4. You must purchase and use the covered item for your personal use only or for someone else for their personal use only. i.e. the item must not be used as part of or for any business or other commercial undertaking. 5. There will be no cover if: 5.1 You cancel your FNB Cheque Card even if the event that gave rise to the claim occurred before then; or 5.2 The Insurer cancels your policy. Page 1 The Extended Warranty and Purchase Protection Product is underwritten by RMB Structured Insurance Limited an Authorised Financial Services Provider (FSP No. 1027), Issued and administered by CIB

2 3. SECTION 1 PURCHASE PROTECTION Note: This section applies to you in addition the General Conditions set out in Section WHAT DOES PURCHASE PROTECTION COVER? 1. If the covered item is lost or damaged because of theft, fire and/or accidental damage within 90 days of purchase, FNB will, at its option, replace or repair the covered item or credit the FNB cardholder s Cheque Account with an amount not more than the purchase price of the covered item, or the single item limit shown in the Benefit Table below, whichever amount of the two is lower. Purchase Price means the lower of the amounts shown on either the card billing statement or the store receipt for the covered item. 2. Claims for a covered item that form part of a pair or set, will be paid up to the full purchase price of the pair or set, provided the items cannot be used individually or replaced individually. 3. If you purchase the covered item as a gift for someone else, FNB will if you wish, pay a valid claim to the recipient, subject to you making the claim. 4. Purchase Protection provides cover only for claims or portions of claims that are not covered by other guarantees that apply, warranties, insurance or indemnity policies, subject to the stated limits of liability. FNB will not pay more than the amount shown in the Benefit Table below for any one event, or more than the maximum amount shown in the benefit table in any one 365 day period. PURCHASE PROTECTION BENEFIT TABLE (MAXIMUM AMOUNT OF COVER) Limit per 365 day period R50,000 Limit per incident R15,000 Single article maximum limit R5,000 Single article minimum limit R1, AN EXCESS AMOUNT OF R 350 APPLIES TO EACH CLAIM The excess amount applies to each and every claim per item. An excess is the first amount you a responsible for. 3.3 WHEN DOES THE COVER BEGIN AND END? Cover will start from the date of purchase of covered items and end 90 days after that. 3.4 YOUR DUTIES You must exercise reasonable care and do all things reasonable to avoid any direct physical theft or damage to a covered item. You will need to transfer to FNB, on FNBs request and at your expense, any damaged covered item or part of a pair or set, and assign the legal rights to recover from the party responsible up to the amount FNB have paid. If you don t comply with your duties, FNB can reject your claim. 3.5 REQUIREMENTS YOU MUST MEET BEFORE YOU MAKE A CLAIM Before you can claim you must give FNB the original sales receipt from the store where the item/s were purchased, the original Cheque Card receipt and a copy of the Cheque Account statement (post or ed version) showing the transaction/s. When submitting a claim for a stolen item FNB require: The SAP case number; and proof that the theft was reported within 48 hours after discovering the item was stolen. Proof of forcible, violent entry / exit from the premises if item is stolen from immovable property. Detailed list of claimed items. Detailed description of events. Note: You will not be able to claim if you don t report stolen items to the police within 48 hours of Discovery. When claiming for a damaged item FNB requires a damage report from a reputable repairer confirming cause of damage and if the item is repairable or not YOU MAY NOT SUBMIT A CLAIM IF YOU CLAIM FOR THE SAME ITEM UNDER ANOTHER POLICY You may not submit a claim under any other policy for the same event, where the terms and conditions of the other policy has been breached or for the reimbursement of any excess. You must confirm in writing that the claim has not been submitted to any other insurance company NOT COVERED BY THIS SECTION 1. Loss of a covered item where the loss was not accompanied by theft, fire or damage caused by accident. 2. If the item disappeared mysteriously, was lost, or misplaced. Page 2

3 3. Loss or damage caused by fraud, mistreatment, negligence and carelessness, or by not following the manufacturer s manual, safety or other instructions. 4. Loss or damage to the item because of cleaning or alteration. 5. Loss or damage to the item because of a defect in the product. 6. Loss or damage to the item because it was left unattended in a public place. 7. Loss or damage that constitutes normal wear and tear or as a result of normal use or normal activity during sports and games (example golf or tennis balls, or other consumable items used for sport or games). 8. Loss or damage caused by radioactivity, water, damp, earthquake, unexplainable disappearance or error during production. 9. Loss or damage caused while the item was under the supervision, control or care of, by third party other than allowed according to safety regulations. 10. Loss or damage because the item was not received by the Cheque Account Cardholder or other party designated by the Cardholder. 11. Loss or damage because the item was stolen from any premises unless entry or exit to the property or premises was gained using force, resulting in visible physical damage to the property or premises. 12. Direct physical theft or damage to items in a motor vehicle or as a result of the theft of the said motor vehicle. 13. Loss or damage because of declared or undeclared war, confiscation by order of any government or public authority, or arising from illegal acts. 14. Loss or damage caused by riot and civil commotions, strikes, labour and political disturbances. 3.8 THE FOLLOWING ITEMS ARE NOT COVERED 1. Items used before purchase, or was second-hand, altered, or bought fraudulently by the Cheque Account Cardholder. 2. Motor vehicles, motorcycles, bicycles, boats, caravans, trailers, hovercraft, aircraft and their accessories are not covered. 3. Service, cash, travel checks, tickets, documents, currency, silver and gold. 4. Art, antiques, rare coins, stamps and collector s items. 5. Animals, living plants, consumables, perishable goods or permanent installations. 6. Electronic items and equipment, including but not limited to, personal stereos, MP3/4 players, computers or computer-related equipment whilst at your place of employment or items used for business purposes. 7. Any mail order items or items delivered by courier until the item or items are received, checked for damage and accepted at the nominated delivery address. 8. Items purchased on the Internet unless it is from a local country registered site. 9. Anything mentioned in General Exclusions. 10. Loss of jewellery, watches, precious metals and gemstones in baggage unless carried by hand and under the Cheque Account Cardholder s personal supervision or under the supervision of a travelling companion previously known to the Cheque Account Cardholder. 4. SECTION 2 EXTENDED WARRANTY COVER Note: This section applies to you in addition the General Conditions set out in Section WHAT DOES EXTENDED WARRANTY COVER? 1. Cover for mechanical breakdown of covered items if a covered item breaks down during the period of cover FNB will, at its option, replace or repair the covered item or credit the FNB cardholder s Cheque Account with an amount not more than the purchase price of the covered item, or the single item limit shown in the Benefit Table below, whichever amount of the two is lower. Purchase Price means the lower of the amounts shown on either the card billing statement or the store receipt for the covered item. 2. If it is impossible or cost prohibitive to repair the covered item, you will be compensated with a similar product of the same quality and specifications up to the limit shown in the Benefit Table. 3. Items covered under this section are well-known branded electrical household products with original manufacturer s warranties, purchased by you for personal use only, in a store located in the country of residence (other than a Duty-Free Zone) or via an Internet site where the sales company is registered in the country of residence and the Internet sale of the retail item is meant for the country of residence market and is not listed as an item which is not covered below. There is no limit to the number of purchases you may make. 4. Repair expenses will be paid up to the price paid for the product up to the maximum shown in the benefit table, whichever is the smaller amount if your product breaks down after the manufacturer s original warranty has expired. 5. FNB will not pay more than the amount shown in the Benefit Table below for any one event, or more than the maximum amount shown in the benefit table in any one 365 day period. Note: You must use the service centre authorised by FNB for the repair of the covered item. EXTENDED WARRANTY BENEFIT TABLE (MAXIMUM AMOUNT OF COVER) Limit per 365 day period R30,000 Single article maximum limit R5,000 Extension period Double the original manufacturer s warranty period up to a maximum of 24 months Page 3

4 4.2. AN EXCESS AMOUNT OF R 350 APPLIES TO EACH CLAIM The excess amount applies to each and every claim per item. An excess is the first amount you a responsible for WHEN DOES THE COVER BEGIN AND END? Cover will start from the date the original manufacturer s warranty ends and will be doubled to that original warranty period up to a maximum of two years (24 months) from date of purchase REQUIREMENTS YOU MUST MEET BEFORE YOU MAKE A CLAIM If a covered item breaks down, please call and provide your name, qualifying Cheque Account number, covered item brand and model and the breakdown date. FNB will confirm that the item is covered and you will be directed to an authorised service centre and FNB will send you a claim form. Please retain the repair receipt from the service centre specifying the breakdown and price for repair. Claim forms and all documentation must be sent to FNB within 90 days of the repair date. You must give FNB the original sales receipt from the store, original copy of the manufacturer s warranty and the original Cheque Card receipt and a copy of the Cheque Account statement (post or ed version) showing the transaction/s and the original manufacturer s warranty card. You must also give FNB a damage report confirming; a) the cause of damage and if the item is repairable or not; and b) that the damage is covered under the expired original manufacturer s warranty 4.5. NOT COVERED BY THIS SECTION 1. Installation expenses or changes on an item. 2. Cleaning expenses, included, but not limited to filter on a washing machine, video and cassettes. 3. The cost of rectifying blockages (except in the cooling system of refrigeration equipment). 4. Any costs spent to gain access for repair to any appliance that has been incorporated into fitted units. 5. Expenses linked to supplier s withdrawal of a product. 6. Expenses linked to rebuild. 7. Expenses linked to repairs caused by routine service, inspections or installations, or call out charges and other expenses where an authorised repairer cannot find any fault with the item. 8. Damage caused by not following the supplier s manual, instructions or installations, or the use of unapproved accessories. 9. Corrosion. 10. Damage caused by mistreatment or carelessness. 11. Lightning, storm or flood. 12. War or hostile surroundings including invasions and revolts. 13. Expenses due to supplement equipment. 14. Expenses because repairs were not performed by workshops approved by the manufacturer. 15. Loss due to not being able to use the item, or other loss other than the product itself. 16. Any costs other that those specifically covered under the terms of the original manufacturer s written repair warranty. 4.6 THE FOLLOWING ITEMS ARE NOT COVERED 1. Electrical items which are purchased for resale. 2. Computer software and other accessories to computers not fully assembled by the manufacturer 3. Vehicles and their parts. 4. Items permanently affixed to the home or office. 5. Items used for business purposes. 6. Non-electrical items. 7. Items without a serial number. 8. Boats, automobiles, motorboats, airplanes, or any motorized vehicles &/or their integral parts. 9. Mobile telephones and phablets (a combination of a tablet and a smartphone). 10. Electric gardening tools. 11. Boilers or furnaces. 12. Communication and computing items also described as Grey Goods - genuine goods sold through unauthorized channels in direct competition with authorized distributors. 13. Items which do not have an original manufacturer's warranty valid in the country of residence. 14. Items which do not have a country of residence specification or that are not available in the country of residence. 15. Items not bought as new, or modified, rebuilt or refurbished items. 16. Items that are specified by supplier as a consumable item or items that must be thrown away after use, included, but not limited to bulbs, fuses, batteries, filters, belts, bags and printing. 17. Cartridges. Page 4

5 5. SECTION 3: GENERAL CONDITIONS OF INSURANCE 5.1 BASIS OF THE INSURANCE CONTRACT The insurer under this policy is: RMB Structured Insurance Limited (RMB is a registered Insurer for the purposes of the Short-term Insurance Act 1998 and a licensed financial services provider for the purpose of the Financial Advisory and Intermediary Services Act 2002 as amended from time to time. The insurer agrees to provide insurance under this policy during any period of insurance subject to the terms and conditions of the insurance policy. You agree that the insurer may share financial and claims information as is explained by the standard disclosures contained in the Financial Advisory and Intermediary Services Act, No. 37 of 2002 (FAIS). This is a contract of good faith based on the principle that you agree to: 1. perform maintenance to the insured property, as may become necessary from time to time and 2. take all reasonable care and precautions to safeguard your property against loss, theft or damage so as to prevent or minimise loss or damage, bodily injury, death, liability and accidents. you must act as if you are not covered and take steps to minimise your loss as much as possible and take reasonable steps to prevent a further incident and to recover missing property GENERAL DEFINITIONS In this policy, words will carry their normal English meaning unless they are defined in this policy, in which case they will have their defined meaning: you/your/yourself FNB/FNBs First Amount Payable/Excess Assessor / Loss Adjuster Broker / Intermediary Burglary Claim Compensation Indemnity Co-insured Event Insurance Contract / Term of Contract / The policy Period of Insurance Material Fact Premises Private Residence Reference to singular and plural Dual Insurance Schedule / Policy Schedule / Schedule of Insurance Spouse Theft Unoccupied Premises Vacant Premises Warranty 5.3. GENERAL CONDITIONS AND WARRANTIES 1. JURISDICTION Means the person named in the schedule as the policyholder. In certain sections, you include spouse and family who live with you and who are financially dependent on you. See each section for Who FNB insure. Means First National Bank Ltd. The uninsured amount or percentage for which you are liable to pay of each agreed claim. A party appointed by FNB to investigate and report on the circumstances and amount of a loss suffered. A broker/intermediary is an agent of the insured. The broker/intermediary advises the insured on the extent and nature of the cover the insured requires and acts for the insured in obtaining the most suitable cover available. The broker/intermediary is remunerated by the Insurer. Illegal entry into or exit from a building or vehicle by use of visible, forcible and/or violent means to commit theft. Request for compensation under a policy, irrespective of whether any amounts have been ascertained or not. Means the basis of settlement made to you in return for loss, damage or liability incurred in terms of your policy cover. Any person who holds or shares an insurable interest in property or goods insured on your policy. Means an occurrence or series of occurrences arising from any one cause, for which cover is provided by this policy. As set out under cover provided under Section 1 Purchase Protection and Section 2 Extended Warranty Any information or fact, irrespective whether specifically asked for or not, which could influence the insurer s acceptance of the risk(s) or the likelihood of a loss. The land on which your private residence is situated. The domestic building(s) and domestic outbuilding(s) of your home stated in the schedule excluding the land / property / grounds upon which the buildings are situated. In this policy, references to the singular include the plural and references to the plural include the singular. The existence of two or more short term insurance policies covering the same item/ section. A specification of the sections of cover which are in force on your particular policy, as determined/selected by you or on your behalf. It reflects the details, distinctive references and special first amount payable/excess(es) relevant to each risk/item, as well as the premium per section. It also contains important information and clauses pertaining to the policy in general. Means a person who: a) is the partner of the policyholder in any marriage, civil union or customary union recognised by South African law; or b) is living with the policyholder in a relationship that is intended to be permanent. Disappearance / illegal taking possession of goods or property / the act of stealing. Means at the time of the loss or damage the premises, although furnished, has not been lived in for more than 60 consecutive days, or is not sufficiently furnished for normal living purposes for more than 30 consecutive days. The premises are regarded as being vacant whenever the premises is unfurnished and is not being lived in. A warranty is a statement or a condition which is an essential element of the Insurance Contract and which thus determines the validity of the Insurance Contract. It must consequently be strictly observed. This policy is subject to the laws and jurisdiction of the courts of the Republic of South Africa. 2. SUM INSURED (AMOUNT YOU ARE INSURED FOR) All property covered in terms of this policy should be insured according to the guidelines as set out in each section and for no Page 5

6 more or less than the amount(s) calculated as such. Average will be applied if the property at the time of loss or damage is of greater value than the sum insured where applicable. 3. AVOIDANCE OF POLICY OR COVER If there is fraud, incorrect description, misrepresentation or non-disclosure of material facts, FNB reserves the right to cancel the policy or any section thereof with immediate effect or declare it void from the date cover started. 4. PRINCIPLE OF EQUIVALENCE AND OTHER CONDITIONS If insured property is lost or damaged and cannot be repaired FNB will pay the current replacement value of a new item of equal quality, functionality, performance and/or capacity up to the specified limits. If this is not possible, FNB will pay the cost of replacing with new property having the nearest equivalent quality, functionality, performance and/or capacity (not inferior or superior to, nor more extensive). FNBs legal responsibility will not be increased in any way if the insured value of any specified item exceeds the current replacement cost thereof at the time of a loss. If FNB repairs, reinstates or replaces, FNB is not obliged to do so exactly or precisely, but only as circumstances reasonably allow. For any tangible property, the insurer will not pay out more than the amount which the item is insured for or specified, or more than the actual insurable value of that item regardless of sentimental value, less any excess amount you must pay. If FNB agree to settle in cash, the amount payable up to the specified limits will be calculated based on the amount for which the Insurer can replace the item(s). 5. CLAIMS ARE CONDITIONAL ON YOU COMPLYING WITH THE POLICY FNBs duty to compensate you or any claimant under the policy, will only apply if you comply with the terms and conditions of the policy. 6. YOUR DUTIES AND RESPONSIBILITIES 1. Notify FNB If an event giving rise to or is likely to give rise to a claim comes to your attention, you must notify FNB of the event within 30 days thereafter and advise FNB of any other insurance which may cover the same loss or damage. This includes instances where you intend not to claim for your own loss or damage. 2. Report to the police Any event where theft, burglary or any other criminal act is involved must be reported to the South African Police Service within 48 hours after its occurrence. The SAPS reference number will be required if there is a claim. 3. Attend to the documentation You must supply FNB with full, accurate details of the event as soon as possible and submit all relevant documentation, including quotes, guarantees and the like which, to the best of your knowledge, are correct and truthful. 4. Supply proof Upon FNBs request you must supply satisfactory proof of ownership, specification and value of any item that you are claiming for, irrespective whether or not such item is specified in the schedule. 5. Provide assistance with recoveries You must supply all information and give assistance required by FNB either before, during or after settling your claim to obtain indemnity from other parties. If you received indemnification for a claim for property which was lost or stolen and that property is later recovered, you must give your full and reasonable assistance in the identification and physical recovery thereof at FNBs expense. 6. Advise FNB of legal actions against you If you become aware of any impending prosecution or inquest for any event which gives rise to a claim which relates to cover provided under this policy, you must immediately inform FNB thereof in writing, and forward to FNB any documents, details or communication which you receive in this regard. 7. Surrender salvage to FNB upon request Once FNB settles your claim, FNB becomes the rightful owner of all goods and salvage related to the claim and will take ownership thereof within a reasonable period at FNBs expense. FNB reserve the right to dispose of salvage for FNBs sole benefit and on the basis of FNBs choice. you must take all reasonable steps to prevent further damage to or disappearance of salvage and render reasonable assistance to FNB to take possession and ownership of the goods at FNBs expense when called upon to do so. For purposes of this policy salvage is the insured property (including its remaining standard accessories and parts) which is damaged beyond economical repair and/or stolen and recovered after FNB have settled your claim. 8. Pay the First Amount Payable / Excess You must pay all excess(es) relative to the insured item or section, regardless of the cause or circumstances of the loss or damage. In this policy excess means the uninsured amount or percentage for which you are legally responsible for of each claim. The excess is recorded in the policy schedule as first amount payable or excess. 9. You Must Not without FNBs prior written consent and approval: 1. make any admission, statement, offer, promise or payment in respect of any claim (another person may also not do so on your behalf); 2. undertake or authorise repairs (apart from emergency repairs directly aimed at minimising the loss/damage); 3. abandon or dispose of salvage or damaged goods; 4. dispose of any damaged items; 5. intervene with recovery procedure against a third party or accept payment or reimbursement from a third party; 6. sign any release form from any service provider if you are dissatisfied with the quality or standard of the repairs performed to your property (A release form is a form stating you are satisfied with the repairs or item.) 7. You or your legal representatives must supply at your own expense all information, evidence, original invoices, receipts, reports, assistance that may be needed including details of other insurance policies that may cover the loss. FNB may refuse to repay you for any expenses for which you cannot provide receipts or bills. Please keep copies of all documents sent to FNB. 8. If FNB pay any expense for which you are not covered, you must pay this back within one month of FNBs request for payment. 9. FNB may at any time pay to you FNBs full liability under the Policy after which no further payments will be made in any respect. Page 6

7 7. OUR RIGHTS 1. Subrogation Subrogation refers to FNBs right to take over your legal rights and act on your behalf and in your name against third parties when a claim is made by you to recover any loss you or FNB suffered. FNB have the right, if FNB choose, in your name but at FNBs expense to: a) take over the defence or settlement of any claim; b) take legal action in your name to get compensation from anyone else for FNBs own benefit or to get back from anyone else any payments that have already been made; c) take any action to get back any lost property or property believed to be lost. 2. Discharge legal liability FNB have the right at any time to give up the control of any defence, settlement or proceedings and pay you the full amount of FNBs liability, or any lesser amount for which the claim can be settled, after which FNB will be discharged from all further legal responsibility. 3. Payee If more than one person is covered FNB may, at FNBs discretion, make payment of any claim to any such person/s. The payment will discharge FNB from any further legal responsibility. 4. Continuation of cover and special terms FNB will always have the right to restrict or suspend cover on any particular item or section and/or to request or impose special terms or requirements after a loss or claim. 8. RIGHTS OF OTHERS This policy gives rights to no other person except to you. Any extension of FNBs liability towards another person gives no rights to such person to claim against FNB. You must claim on behalf of such persons after which FNB will handle the matter further on your behalf subject to the cover provided by your policy. 9. FRAUDULENT, WILFUL, DELIBERATE OR RECKLESS ACTS Any right you have to compensation under this policy will fall away if: 1. a claim is fraudulent or if you or anyone acting on your behalf uses any fraudulent means to obtain any benefit under this policy; 2. claim occurs due to a deliberate or intentional act committed by you or with your involvement or anyone acting on your behalf; 3. information or documents in support of a claim, whether created by you or on your behalf, is not true, is not complete or is fraudulent; 4. the amount you claim is deliberately exaggerated by you or anyone acting on your behalf. FNB may inform the relevant authorities and you must repay to FNB any amount already received under the policy. 10. DEDUCTIBLES Where relevant, either one or more of the following will be applied: 1. First amount payable/excess(es) (Basic / Voluntary / Compulsory / Additional); 2. Contribution: When a loss suffered is covered by more than one policy or Insurer, each shall pay its proportion of the loss unless otherwise stated. Average: see 1 above for how average is calculated. 3. Betterment; A quantifiable and reasonable deduction made from a claim to account for the extent by which the financial value of property or goods may have improved once repairs or replacement has taken place. 11. MULTIPLE BENEFIT RESTRICTION 1. Overlapping or Duplicate Cover If there is overlapping or duplicated cover for an event under different sections of the policy covering the same property/item/benefit/loss/damage or liability, you may not submit separate claims under different sections of the policy. The intention being that overlapping or duplicated cover provided under different sections does not apply. FNB will make payment in terms of one section only. 2. Other insurance (Dual Insurance) Dual insurance means that two or more short term insurance policies cover the same item/section. If a claim is payable under this policy and under any other policy, FNB will only pay FNBs proportional share of the claim. 3. If you have more than one bank card you may only claim up to the limits as shown under the benefit tables under Section 1 Purchase Protection and Section 2 Extended Warranty, the benefit values will not be cumulative. 12. TIME LIMITS FOR MAKING DISPUTES ABOUT CLAIMS 1. If FNB reject a claim in writing, or if you dispute the amount of a claim which was made in writing, you may, within 90 days from the date of such communication, make written representations to FNB about FNBs decision. If FNB do not indemnify/compensate you for a claim or a part of it, and you want to challenge FNBs decision, you must serve legal process on FNB within 180 days after the time FNB allow for representations on disputed claims, as referred above. 2. FNB are no longer liable for any claim after 12 months have expired from the date of the event that gave rise to the claim unless the claim is subject of a pending legal court action or the subject of arbitration, or a claim in respect of your legal liability to a third party. 13. GENERAL EXCLUSIONS 1. This policy does not cover loss of or damage to property related to or caused by: 1.1 civil commotion, labour disturbances, riot, strike, lock out or public disorder or any act or activity which is calculated or directed to bring about any of the aforegoing; 1.2 war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), or civil war; 1.3 mutiny, military rising, military 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; 1.4 any act (whether on behalf of an organisation, body, person or group 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; 1.5 any act calculated or directed to bring about loss or damage in order to further any political aim, objective or cause, or Page 7

8 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; 1.6 any attempt to perform any act referred to in clause 1.4 or 1.5 above; 1.7 the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any event referred to in clause 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6 above. If the Insurer alleges that by reason of clause 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 or 1.7 of this exclusion, loss or damage is not covered by this policy, the burden of proving the contrary shall rest with you. 2. This policy does not cover loss or damage caused directly or indirectly by or through or in consequence of any event for which a fund has been established under the War Damage insurance and Compensation Act, 1976 (No. 85 of 1976) or any similar Act operative in any of the territories to which this policy applies. 3. Notwithstanding any provisions of this policy including any exclusion or extension or other provision not included herein which would otherwise override a general exclusion, this policy does not cover loss of or damage to property or expense of whatsoever nature directly or indirectly caused by, arising out of or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any sequence to the loss, damage or expense. For the purpose of this general exclusion (1.3) an act of terrorism includes, without limitation, the use of violence or force or the threat thereof whether as an act harmful to human life or not, by any person or group of persons, whether acting alone or on behalf of or in connection with any organization or government or any other person or body of persons, committed for political, religious, personal or ideological reasons or purposes including any act committed with the intention to influence any government or for the purpose of inspiring fear in the public or any section thereof. If the Insurer alleges that, by reason of clause (1.3) of this exclusion, loss or damage is not covered by this policy, the burden of proving the contrary will rest with you. 14. THIS POLICY DOES NOT COVER 1. any legal liability, loss, damage, cost or expense whatsoever or any consequential loss directly or Indirectly caused by or contributed to by or arising from: 1.1 ionising, radiations or contamination by radio activity from any nuclear fuel or from any nuclear waste from the combustion or use of nuclear fuel; 1.2 nuclear material, nuclear fission or fusion, nuclear radiation; 1.3 nuclear explosives or any nuclear weapon or any nuclear waste in whatever form; regardless of any other cause or event contributing concurrently or in any other sequence to the loss; For the purpose of this exclusion only, combustion shall include any self sustaining process of nuclear fission. 2. any legal liability, loss, damage, cost or expense whatsoever or any consequential loss directly or indirectly caused by, arising out of, resulting from, in consequence of, in any way involving, or to the extent contributed to by the hazardous nature of asbestos in any form or quantity; 3. any liability arising directly or indirectly out of the exposure to or inhalation of, or fears of the consequences of exposure to, or inhalation of asbestos or the cost of cleaning up, or removal of, or damage to property arising out of any asbestos; 4. any loss or damage caused or aggravated directly or indirectly by or arising from any mining operation or mining activity unless otherwise specifically included; 5. loss, damage, cost or expense directly or indirectly arising from permanent or temporary Dispossession resulting from detention, confiscation, forfeiture, impounding or requisition legally carried out by customs, police services, crime prevention units or any lawfully constituted officials or authorities; 6. events happening outside the Territorial Limits unless cover is specifically provided for by means of an Extension applied to any particular section or item, or in case of Optional Cover granted on your request by means of an endorsement; 7. any loss or damage caused directly or indirectly from viruses, Trojans, worms or other similar destructive media; 8. loss, damage, cost or expense directly or indirectly arising from or in connection with any exchange, cash or credit sale agreement including theft under false pretence and fraud; 9. any First Amount Payable/Excess that applies under the policy. 10. Loss, destruction or damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds. 11. Any claim resulting from you attempting or committing suicide; deliberately injuring yourself; using any drug not prescribed by a registered medical practitioner, being addicted to any drugs, or abusing solvents, drugs, or alcohol, or being under the influence of drugs, solvents, or alcohol. 12. Self exposure to needless peril/s (except in an attempt to save human life). 13. claim resulting from your involvement in a fight except in self-defence 14. Your own unlawful action or any criminal proceedings against you. 15. Any claim where you are entitled to indemnity under any other insurance, including any amounts recoverable from any other source, except in respect of any excess beyond the amount which would have been covered under such other Insurance, or any amount recoverable from any other source, had these benefits herein not been effected. 16. Any other loss, damage or additional expense following on from the event for which you are claiming. Examples include bodily injury, property damage, loss due to not being able to use the item, punitive damages, exemplary damages and legal fees. 17. Operational duties as a member of the Armed Forces. 18. Any costs you would have been required or been expected to pay, if the event resulting in the claim had not happened. 19. Any circumstances you are aware of that could reasonably be expected to give rise to a claim on this policy. 15. DISPUTE RESOLUTION If a dispute between you and FNB arises, you can send a complaint to [email protected], or call. FNB will respond to you in writing. If your dispute is not resolved you can lodge a dispute with the Ombudsman for Banking Services at telephone number (011) or You can also refer the matter to the National Consumer Commission with contact details: or or the National Consumer Tribunal with contact details: or Page 8

9 16. GENERAL 1. While FNB may give you extra time to comply with your duties to FNB under this agreement or decide not to exercise some or all of FNBs rights against you, you must not assume that this means that FNBs agreement with you has been changed, or that it no longer applies to you, or that FNB has waived (given up) all or some of its rights. FNB can still insist that you comply with your duties to it, or enforce any of its rights against you at a later stage. 2. Every clause in this agreement is severable from the other clauses in this agreement. This means that even if a court finds that one or more clauses are invalid the rest of the clauses will still apply. 3. These Terms and Conditions constitute the whole agreement between you and FNB about the Extended Warranty and Purchase Protector. 4. If FNB needs to take legal action against you, one of FNBs employees (who need not prove his/her appointment) will produce a certificate to the court, recording the amount you owe FNB. If you disagree with this certificate, you will have to prove that it is incorrect. 5. Contact details for Admin and Claims: Telephone Fax [email protected] ERRORS AND OMISSIONS We can alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time. FNB shall not be held responsible for any errors or discrepancies in the information provided. We strive to keep our information provided up to date and it is to our best knowledge and that of suppliers knowledge the information is correct, but we will not be held responsible if an error is found. Page 9