CREDIT SALE CONTRACT/RETAIL INSTALLMENT CONTRACT/RETAIL INSTALLMENT OBLIGATION/RETAIL INSTALLMENT SALE AGREEMENT/CONDITIONAL SALES CONTRACT/SECURITY AGREEMENT - SUBJECT TO STATE REGULATION

CREDIT SALE CONTRACT/RETAIL INSTALLMENT CONTRACT/RETAIL INSTALLMENT OBLIGATION/RETAIL INSTALLMENT SALE AGREEMENT/CONDITIONAL SALES CONTRACT/SECURITY AGREEMENT (“THIS AGREEMENT”) - SUBJECT TO STATE REGULATION

SELLER/CREDITOR: New Cingular Wireless PCS, LLC d/b/a AT&T Mobility
1025 Lenox Park Boulevard NE, Atlanta, GA 30319

BUYER'S NAME: {0}

BUYER'S PHONE NUMBER: {1}

BUYER'S ADDRESS: {2}

DEVICE: {3}

INSTALLMENT ID: {3a}

Your Payment Schedule Will Be

By signing this Agreement, You are buying the Device on credit from Seller/Creditor (and, together with any Seller/Creditor assignees of the obligations under this Agreement following such assignment, “we” or “us”) on credit. You grant us a “purchase money security interest” in the Device, and all “proceeds” from its sale or other disposition of Device to secure performance of Your obligations under this Agreement (the “Secured Obligations”). Your Secured Obligations include repaying the Amount Financed and any related charges in U.S. funds. The security interest continues until we are paid in full for the Secured Obligations, including reasonable and actual expenses of retaking, processing, and disposing the Device upon Default (including reasonable attorneys’ fees). You and we agree this Agreement constitutes a security agreement and Your grant of a security interest to us is a “purchase money security interest” in the Device and the “proceeds” as defined in the Uniform Commercial Code in the state of Your billing address at the time of signing. You agree to pay us the Amount Financed and any related charges in U.S. funds.

IMPORTANT TERMS – PLEASE READ THIS

2. ASSIGNMENT.

1. We may assign this Agreement or any of our rights hereunder without Your consent or notice. From and after the date of any assignment of Seller/Creditor (referred herein as “AT&T” or “AT&T Mobility”)'s rights and obligations under this Agreement to any non-affiliated third party, AT&T, AT&T Mobility (and its parent, affiliates, and subsidiaries) will have no further liability or obligation to You, and Your recourse for any such liabilities or obligations shall be solely limited to such assignee.
2. Seller/Creditor, and/or any other assignee of this Agreement do not agree or consent to: i) any sale, disposition, transfer, entrustment, loan, or surrender of possession of the Device free and clear of such purchase money security interest or ii) the retention or possession of the Device by a third party.
3. Without our prior written consent, while any Secured Obligation remains outstanding, You may not: i) sell, offer to sell, pledge, mortgage, encumber, create a lien on, adverse claim on, or security interest in the Device or allow such to exist; or ii) sell, offer to sell, or assign this Agreement or claims arising from or in connection with this Agreement; or iii) lease, sell, offer to sell, dispose of, transfer, entrust, loan, or surrender possession of the Device.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same individual damages and individual relief that a court can award. Any arbitration under this Agreement will take place on an individual basis, without class, representative, or private attorney general proceedings.

1. You fail to make any required payment;
2. You breach any term, covenant, representation, warranty, or other obligation in this Agreement;
3. You fail to timely activate Service required under this Agreement; or
4. You or we cancel/terminate the Service required on Your Device under Your Service Agreement.

1. Disable the Device.
2. Require You to immediately pay all remaining unpaid Amount Financed (except that in Illinois, You must be in Default for at least 30 days);
3. If You provided Your credit or debit card information, You authorize us to charge Your card, in accordance with applicable law, to satisfy all amounts due, if You do not immediately pay all unpaid Amount Financed.
4. Require You to pay us actual and reasonable costs of collection, including attorney's fees, except in NH and WI, we will pay attorney's fees incurred by You in any action in which You prevail.
5. Take possession of the Device and sell, lease, license, or dispose of the Device to satisfy any unpaid Secured Obligation.
6. Invoke any remedies of a secured party under the Uniform Commercial Code or other laws.

14. TURN-IN UPGRADE FOR SMARTPHONES ON AT&T INSTALLMENT PLAN WITH NEXT UP^® AND NEXT UP ANYTIME^SM .

1. For a smartphone Device only, if Your smartphone Device qualifies for early upgrade (a “Turn-In”) under an AT&T Installment Plan with Next Up (“NU”) or Next Up Anytime (“NUA”) feature, Turn-In is subject to the following:
   1. For NU: Account in good standing with active NU option, and payments made of at least 50% of the Total Sales Price on an AT&T Installment Plan with Next Up. Payment of the Next Up charge is not applied to: Your Amount Financed, Total Of Payments, or 50% of Total Sale Price requirement to upgrade early.
   2. For NUA: Account in good standing with active NUA feature, and one minimum required monthly payment made on both the AT&T Installment Plan and NUA monthly charge. Payment of NUA charge is not applied to: Your Amount Financed, Total Of Payments, or any percent of Total Sale Price requirement to qualify for a promotional offer.
   3. Available agreements, offers, and Service requirements.
   4. You return the Device in good physical and fully functional condition within the designated time. If Device is not timely returned, You agree to pay the remaining accelerated balance of installment charges under this Agreement. If Device returned but Device is not in good physical and fully functional condition, You may receive credit based on assessed value of the Device by us, and You will be responsible for any remaining accelerated balance of installment charges for the Device. Once You return Device, Turn-In cannot be reversed, and You will not get Device back.
2. To cancel NU or NUA: visit an AT&T store (or other location we designate), use Your att.com/myATT account (or other applicable online account), or call customer service (611 from Device). You are responsible for all charges billed before You cancel. If You cancel, You lose the ability to Turn-In and cannot reenroll in NU or NUA. Feature charges are non-refundable, and You must pay the remaining installment charges. If You stop paying the monthly feature charge without canceling, You remain obligated to pay it until canceled.
3. Turn-In offers may be changed or canceled at any time and Turn-In can be terminated due to suspected fraud or misrepresentation. With a successful Turn-In, we will, for Your benefit and for the express benefit of any assignee of this Agreement, pay off or settle the remaining outstanding installment plan balance under this Agreement and no future installment charges will be billed under this Agreement for the Device. In the unlikely event that a bankruptcy or similar proceeding shall be instituted by or against any of us, AT&T Inc., New Cingular Wireless PCS, LLC, AT&T Mobility Next Operations LLC, or an assignee of this Agreement, Your ability to enter into a Turn-In will be automatically terminated and You will be given prompt notice.

NOTICE TO THE BUYER:

1. Do not sign this Agreement before You read it or if it contains any blank space. You are entitled to an exact and completely filled-in copy of the Agreement when you sign it. Keep it to protect Your legal rights. Under the law, You have the following rights, among others: (a)to pay off in advance the full amount due and obtain a partial refund of any unearned finance charge; for MD, MA, and CT: (b) to redeem the property if repossessed for a default; (c) to require, under certain conditions, a resale of the property if repossessed.

2. PR: if You pay off in advance the balance owed under the contract, the principal owed as of the date of payment, plus any balance to cover charges or interest accrued to that date, shall be canceled.

3. This Agreement is covered by federal and state laws (including HI’s credit sale law) and You have the rights of a buyer under such laws.

4. Seller certifies that the information contained in the contract complies with the D.C. Municipal Regulations, Tit. 16, Ch. 1

5. Marital Agreement Notice: CA - You, if married, may apply for a separate account. WI - No provision of a marital property agreement, unilateral statement under Sec. 766.59 Wis.Stats., or court decree under Sec. 766.70 Wis.Stats., will adversely affect our rights unless we are furnished a copy of the agreement, statement or decree, or we have actual knowledge of its terms, before credit is granted or the account is opened.

6. MD: This contract is made pursuant to Md. Code Ann., Com. Law §§ 12-601 regarding Retail Installment Sales.

7. AZ: For in-home sales, this instrument is based upon a home solicitation sale, which is subject to the provisions of title 44, chapter 15. This instrument is not negotiable.

8. For sales outside of business locations: THIS INSTRUMENT IS A NON-NEGOTIABLE CONSUMER NOTE: CT - THIS INSTRUMENT IS BASED UPON A HOME SOLICITATION SALE, WHICH SALE IS SUBJECT TO THE PROVISIONS OF THE HOME SOLICITATION SALES ACT. FL - You have a right to cancel this note under Chapter 501, Section 25 of the Florida Statutes. ND - this instrument is based upon a personal solicitation sale, which is subject to the provisions of the ND Century Code.

9. By signing this Agreement, You are granting to Seller a purchase money security interest in the Device, all cash proceeds of the Device and all non-cash proceeds of the Device, which will continue until Seller has received payment in full of the Secured Obligations.

10. In the event You are in Default under this Agreement, the Seller may take possession of the Device and may sell, lease, license or otherwise dispose of the Device to satisfy any unpaid Secured Obligations. The Seller may not unlawfully enter Your premises or commit any other breach of the peace to take possession of the Device.

11. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

CREDIT SALE CONTRACT/RETAIL INSTALLMENT CONTRACT/RETAIL INSTALLMENT OBLIGATION/RETAIL INSTALLMENT SALE AGREEMENT/CONDITIONAL SALES CONTRACT/SECURITY AGREEMENT

I acknowledge that I have read and received a copy of this Agreement, which terms include dispute resolution by binding individual arbitration instead of jury trials or class actions.

Seller
New Cingular Wireless PCS,
LLC d/b/a AT&T
Mobility	{9}
	(Date)

Buyer
{10}
Accepted Electronically	{9}
(Buyer's Signature or Acknowledgement)	(Date)

 

Electronic Consent: You consented to receiving this Retail Installment Agreement electronically. You will not receive a paper printout. You can withdraw Your consent by calling 1-800-331-0500 (or any alternative contact number we may provide to You from time to time) or accessing your account at www.att.com.

REV September 2022

AT&T INSTALLMENT CONTRACT PRIVACY NOTICE