GENERAL TERMS AND CONDITIONS OF EXTENDED WARRANTY
UNIQA Insurance Company, hereinafter referred to as insurer, under these General Terms, insures movable property owned by natural or legal persons hereinafter referred to as insurer / insured.
I. SUBJECT MATTER OF INSURANCE
1. These General Terms and Conditions insure home electrical appliances and electronic equipment, hereinafter referred to as products, which are not used for business purposes, are not intended for resale and for which a commercial guarantee is provided.
II. INSURANCE COVERAGE
2. For this insurance, the insurer shall cover the total loss or partial damage of the insured property, hereinafter referred to as damage, as a result of sudden and unforeseen accidental damage as a result of a material defect or a manufacturing defect.
3. The insurer shall indemnify the insurer / insured up to the amount of the insurance amount (limit) specified in the insurance policy for the costs of parts, labor, transport and additional costs incurred for repairing the insured property or for the costs of replacing that property, which expenses are the result of damage to the insured property that occurred during the term of the insurance. The insurer will only cover repair costs carried out by an authorized repairer who has been assigned and / or approved to have the product repaired.
III. GENERAL EXCEPTIONS
4. The Insurer shall not cover damages under these General Terms:
4.1. property worth up to BGN 50 or over BGN 5,000;
4.2. of property intended for resale or production.
4.3. wholly or partly covered by the manufacturer, seller, endorsement, commercial warranty or other manufacturer's insurance;
4.4. occurred before the delivery of the product;
4.5. caused as a result of and / or during transportation, delivery, installation and / or assembly of the product;
4.6. accessories and consumables for the product, such as remote controls, plugs, fuses, batteries, bulbs, lamps, filters, attachments, belts, toner, belts, drums, tapes and the like;
4.7. depreciation due to normal use of the product;
4.8. as a result of gradual damage (due to rust, corrosion, damage from microorganisms, fungal formations, molds, insects and rodents, processes of slow deformation and destruction, discoloration, gloss, damage from light effects) and surface damage (such as scratching, dirt, impact dents, scratches, broken glass, etc.) that do not interfere with the functioning of the product;
4.9. caused by or as a result of changes made by the insurer / insurer; use which is inappropriate for the intended purpose of the product or in violation of the instructions of use provided by the manufacturer or seller (including use of consumables and / or accessories other than recommended);
4.10. arising out of or from: repair performed by an unauthorized person; theft, robbery and incident, including negligence; shock, corrosion, battery leakage; fire, explosion, lightning, natural disasters; damage caused by animals or insects; problems with signal reception and transmission; computer virus and / or software, or replacement of parts of the product; product modifications;
4.11. arising from electrical damage or malfunction caused by electrical outages, overvoltages, power failures, or damage to telecommunication or satellite systems and the like;
4.12. caused by or as a result of enemy invasion, war (declared or not), civil war, rebellion, revolution, uprising, military coup, usurpation of power, terrorism, strike, lockout;
4.13. as a result of a nuclear reaction, ionizing radiation or radioactive contamination from nuclear fuel or from waste resulting from its degradation;
4.14. as a result of deliberate acts, negligence or negligence on the part of the insurer (s) and / or members of his or her family and / or persons living with him / her in the same household;
4.15. as a result of deliberate acts or gross negligence on the part of the insurer / insurer or his relatives;
4.16. as a result of software replacement;
4.17. resulting from or from the replacement of consumables or accessories / accessories;
4.18. incurred as a result of or from regular maintenance, cleaning, lubrication, adjustments, removal and / or dismantling of the insured property, as well as expenses incurred in the absence of a malfunction of the insured property;
4.19. products which the manufacturer withdraws from the market due to a defect in the whole series and in which the cost of repair and associated costs is at the expense of the manufacturer of the equipment;
4.20. on LCD displays due to burned pixels, provided that there are less than 6 damaged or broken pixels.
5. This insurance does not cover lost benefits and / or indirect damages and / or costs that
IV. TERM OF INSURANCE CONTRACT / INSURANCE PERIOD
6. The insurance contract may be concluded for a fixed or indefinite period.
7. The insurance period shall be the period for which the insurance premium is determined, this period being 1 (one) year, unless the premium is fixed for a shorter period. More than one insurance period may be included in the period of insurance.
V. CONNECTION, TIME AND TERMINATION
8. The insurance shall be concluded on the basis of a written proposal by the insurer / insured, the original of which shall remain with the insurer. The insurer / insurer's proposal, the General and Special Conditions, the clauses and the supplements attached to the policy are an integral part of the insurance contract.
9. The Insurer / Insured is obliged to disclose all circumstances that are known to him or in due care may have been known to him and are essential to the insurer's judgment regarding the risk, the terms of the contract and the decision to accept the offer.
10. If at the conclusion of the insurance the insurer / insured has silenced or deliberately inaccurately declared circumstances, the insurance policy is invalid, but the insurer retains all rights to the premium.
11. The conclusion of insurance is documented by the issuance of an insurance policy or certificate of insurance, which comes into force only after the insurer / insured has paid the entire premium.
12. The insurance shall take effect from 00.00 o'clock on the day indicated in the insurance policy for the commencement of the insurance, provided that the entire premium due has been paid and shall expire at 24.00 o'clock on the day indicated for the end of the insurance. The commencement of the insurance shall not be earlier than the day following the expiry date of the commercial guarantee. The end of the insurance shall not be later than the last day of 5 (five) years from the date of acquisition of the product.
13. The insurance premium due shall be paid on a one-off basis within the period specified in the insurance policy. If the insurance premium due is not paid within the specified period and no deferred payment is agreed, the insurance becomes invalid and is automatically terminated from the beginning.
14. A termless or fixed term insurance contract may be terminated without penalty or other expense by either party with one month's notice addressed to the other party. The termination shall take effect from the end of the current insurance period.
15. In case of early termination of the contract:
15.1. by the insurer, the insurer / insurer is entitled to a refund of an insurance premium calculated in proportion to the time from the termination of the insurance to the expiry of its term;
15.2. from the insurer / insured, upon returning the original insurance policy, the latter is entitled to a refund of the insurance premium after deducting the due premium for the period from the beginning of the insurance coverage period to the termination of the policy, calculated at the short-term rate for the one-year insurance policy below:
up to 3 months: 50% of the annual premium
4 months: 60% of the annual premium
5 months: 70% of the annual premium
6 months: 80% of the annual premium
7 months: 90% of the annual premium
over 7 months: 100% of the annual premium
16. Repayment of the premium under the preceding points and provided that no benefits have been paid and / or no benefits are due.
VI. INSURANCE SUM
17. The sum insured is stated by the insurer / insured at the time of the conclusion of the insurance and is equal to the cost of acquiring the product. The insurance takes out the restorative value of the property.
18. The insurance is concluded with a stipulation for proportional compensation. In the event of damage, the compensation is determined by the ratio between the sum insured and the recoverable amount of the property.
19. Unless otherwise stipulated in the policy, the liability of the insurer shall be limited to the amount of the insurance amount stated in the insurance policy.
VII. INSURANCE BONUS
20. The insurance premium is determined by the insurer depending on the nature and size of the risk, the type of property and the term of the insurance.
21. The insurance premium shall be paid once upon conclusion of the insurance or within the term specified in the insurance policy.
VIII. LIABILITIES OF THE INSURED / INSURED DURING THE INSURANCE
22. During the term of the insurance the insurer / insured shall:
22.1. to protect the insured property from damage and to take the necessary care for it, and to use it in accordance with the instructions for use of the manufacturer and / or seller;
22.2. not to undertake any changes that would increase the risk alone or through another without the insurer's knowledge and consent
23. Failure to fulfill the above obligations under item 22. shall be considered essential in view of the interest of the insurer on the grounds of Art. 408 para 1 item 3
24. In case of non-fulfillment of the obligations under item 22, the insurer shall have the right to terminate the insurance contract with one month's written notice only if no insurance event has occurred.
25. In the event of an insured event, the insurer may refuse to pay compensation if the event is the result of a failure to fulfill the obligations under item 22.
IX. RELATIONSHIP BETWEEN THE PARTIES IN THE EVENT OF AN INSURANCE EVENT
26. In the event of a risk covered under the terms of the policy, hereinafter referred to as an insurance event, the insured / insured is obliged to:
26.1. take all reasonable and appropriate measures to rescue, prevent, limit and / or reduce the damage to the insured property;
26.2. to notify the insurer in writing immediately, but no later than 7 (seven) business days after the knowledge of the occurrence of the insurance event.
27. The Insurer / Insured is obliged to assist the insurer in determining the amount of damages prior to their removal. The Insurer / Insured cannot undertake the repair of damage to the damaged property without the consent of the insurer, unless the latter has already established the event and the amount of the damage.
28. In case of damage to the insured property as a result of an insured event, the insurer / insured may submit a claim for compensation in writing in the form of the insurer.
29. In order to receive insurance indemnity the insurer / insured must prove:
29.1. the existence of a valid insurance contract - through
presentation of an insurance policy, certificate or insurance contract;
29.2. occurrence of an insurance event - by presenting information, data and / or documentation proving the origin, causes and circumstances of the occurrence of the damage.
30. At the request of the insurer, the insurer / insured is obliged to submit other documents proving the occurrence of the insured event and the amount of the caused damage.
X. INSURANCE COMPENSATION
31. The insurance indemnity is equal to the recoverable amount of the damage as of the day of the occurrence of the insurance event, but not more than the sum insured on the policy.
32. In the event of partial damage to the product, the insurer shall indemnify the insurer / insured by paying the necessary costs for the restoration of the damaged property in a serviceable condition. Damages shall be repaired at a service designated and / or approved by the insurer.
33. In the event of partial damage to the product, it remains insured until the expiry of the insurance for an amount equal to the difference between the original sum insured and the expenses paid.
34. In case of total loss of the product or in case of repair, if the costs are equal to or exceed the amount of the restoration value of the damaged property at the moment of the damage occurrence, the insurer will pay the cost of replacing the product with the same or another product similar to the characteristics , if no other events have occurred so far and the insurer does not owe or has paid any benefits. In all other cases, the insurer pays compensation equal to the difference between the original sum insured and the costs owed and / or paid.
35. If the insurer / insured intentionally declares false circumstances regarding the reasons for the occurrence of the event or uses forged documents or those with false content or has failed to fulfill its obligations, the insurer will not pay part or all of the compensation without returning the insurance premium.
36. Payment of insurance indemnity, respectively. written notice of refusal to pay such payment shall be made within 15 (fifteen) business days of receipt of all necessary evidence.
37. The insurance indemnity shall be paid to:
-
The insurer - in the cases provided for in the Insurance Code.
-
Insured - if it is the owner of the insured property.
38. If, at the time of the occurrence of the insurance event, more than one insurance covering the same risks has been concluded for the destroyed / damaged property, the liability of the Insurer under these General Terms shall be in such percentage of the amount of the compensation as the percentage of its liability against general liability for all current property insurance.
XI. TERRITORIAL VALIDITY
39. The insurance coverage under these conditions is valid for the territory of the Republic of Bulgaria.
XII. REGRESS
40. If the damage is caused by the act or omission of third parties or things under their control, the insurer shall assert the rights of the insurer / insured against them up to the amount of the paid compensation and the expenses incurred for its determination.
41. The waiver of the insurer / insured by his rights against third parties shall not have force against the insurer for and in the exercise of his recourse
XIII. JURISDICTION, LIMITATION
42. The rights under the insurance contract concluded under these General Conditions shall be extinguished with the limitation period provided for in the current Bulgarian legislation.
43. The law applicable to the insurance contract is Bulgarian law. Claims in connection with disputes between the parties related to the origin, performance, interpretation and termination of this insurance shall be brought before the competent Bulgarian court.
44. Disputes between the parties regarding insurance contracts concluded on the basis of these General Terms and Conditions shall be settled through negotiation and, if the court does not reach agreement at the head office of the insurer.
XIV. AMENDMENTS AND ADDITIONS
45. These Terms and Conditions may be amended and / or supplemented by special conditions, clauses or additions.
These General Terms and Conditions were adopted by the Board of Directors of UNICA AD on January 27, 2014, amended. on 12/19/2017 and have been in force since 01/04/2018.
