Burnett & Associates Limited

Computer Theft & Accidental Damage Insurance

Download full policy wordingDownload full policy wording. Computer Theft & Accidental Damage Insurance underwritten by AXA

This policy is underwritten by AXA Insurance UK plc.
Registered Office: AXA Insurance UK plc. 5 Old Broad Street, London, EC2N 1AD
Registered No: 78950 (England).

AXA Insurance UK plc is part of the global AXA Group and is authorised and regulated by the Financial Services Authority. This can be checked on the FSA's register by visiting the FSA's website at www.fsa.gov.uk/register or by contacting them on 0845 606 1234.

Understanding Your policy

Please read this policy carefully and make sure You understand and fully comply with its terms and conditions, failure to do so may jeopardise the payment of any claim which might arise and could lead to the policy becoming void. Please ensure You keep it in a safe place so You can read it again if You need to.

The policy

This policy is evidence of a contract of insurance. This policy will only become effective when We have received payment in full and received and accepted Your Proposal. We will provide the insurance as stated in this policy. Your Proposal, which includes the signed declaration and the undertaking to pay the premium, together with the policy summary are the basis of the contract and form part of the policy.

The policy contains details of the insurance cover You have bought, what is excluded from the cover and the conditions of this insurance and should be read in conjunction with the policy schedule.

This insurance is designed to pay for the Repair Costs or, at Our option, the Replacement Costs incurred as a result of Theft, Fire, Flood or Accidental Damage as defined in this policy.


General conditions applying to all sections

You must comply with the following instructions to have the full protection of Your policy. If You do not comply with them, We may at Our option cancel the policy, refuse to deal with Your claim, or reduce the amount of the claims payment.

The cost of repair and the cost of a replacement Equipment shall be on the basis agreed between the supplier and Us from time to time.

The observance and fulfilment of the conditions of the certificate by You insofar as they relate to anything to be done or observed by You shall be a condition precedent to any liability hereunder.

Please note: We do not accept responsibility for faults in workmanship or materials, or any consequential loss in repairs paid for by Us on Your behalf. It is Your responsibility to meet any charges in excess of, or rejected as not being Our liability.

You must take all reasonable steps to prevent loss, Theft, Fire, Flood or AccidentalDamage to the Equipment, or memory including but not limited to:

  • keeping the Equipment in a proper state of maintenance and repair;
  • using the Equipment in accordance with manufacturer's instructions and maintenance recommendations;
  • notify any claim to the Administrator either by telephone or at the address provided to You and submit a completed claim form to the Administrator as soon as reasonably possible and in any event within 30 days;
  • provide at Your expense all details that We may require concerning the cause and amount of the Theft or Fire, Flood or AccidentalDamage.

1. Duty of care

The cause of any warning light, text box or other warning indicator must be rectified as soon as is possible following the indication. The Equipment must not be operated after any Fire, Flood or AccidentalDamage or incident if this could cause further damage to Equipment.

2. Fraud

You must not act in a fraudulent manner.
If You, or anyone acting for You,

  • make a claim under the policy knowing the claim to be false, or fraudulently exaggerated, in any respect, or
  • make a statement in support of a claim, knowing the statement to be false in any respect, or
  • submit a document in support of a claim, knowing the document to be forged or false in any respect, or
  • make a claim in respect of any loss or damage caused by Your wilful act, or with Your connivance,

Then We:

  • will not pay the claim
  • will not pay any other claim which has been made or will be made under the policy
  • will declare the policy void
  • will be entitled to recover from You the amount of any claim already paid under the policy
  • will not make any return of premium
  • may inform the police of the circumstances


4. Cancellation

You may cancel the policy at any time by giving 14 days notice in writing to Us by recorded delivery.

If You cancel within the first 14 days of receipt of the policy documentation, providing there has been no claim or incident likely to give rise to a claim We will refund any premium paid.

If You cancel this policy after 14 days of receipt of the policy documentation, no premium refund will be given.

If a claim has been submitted or there has been any incident likely to give rise to a claim during the current Period of Insurance no premium refund will be given.

We may also cancel this policy by sending 14 days notice by recorded delivery to You at Your last known address. If there has been no claim (or claim pending) during the current Period of Insurance, We will calculate the premium for the period You have been insured and refund any balance. If a claim has been submitted during the current Period of Insurance , no refund will be given.

5. Duty of disclosure

The policy has been issued based upon information, which You have given to Us about Yourself, and Your Equipment. You have a duty to tell Us immediately of any changes to this information in particular any of the following: change of address, failure to do so may invalidate Your cover under this policy. We will then advise You of any changes in terms.

6. The law applicable to this contract

You are free to choose the law applicable to this contract. Your policy will be governed by the law of England and Wales unless You and We have agreed otherwise.

Claims conditions and how to make a claim

You must comply with the following instructions to have the full protection of Your policy. If You do not comply with them, We may at Our option cancel the policy, refuse to deal with Your claim, or reducethe amount of the claims payment.


If Fire, Flood or AccidentalDamage or Theft occurs please help the ClaimsOffice by reporting Your claim according to the following procedure. All claims MUST be made as soon as reasonably possible.

1. Prevent further damage

In the event of Fire, Flood or AccidentalDamage or operation of a warning hazard light or text box, You must not operate the insured Equipment further if it would cause additional damage to do so.

2. Contact the Claims Office

Before any work is undertaken You are responsible for ensuring that the You contact the Claims Office for authorisation. The claim notification :

telephone number :0844 576 2303
Fax number: 0844 576 2321
e-mail address: claims@burnett.co.uk
web address: www.burnett.co.uk

For claims authorisation, You must confirm:

  • Your policy number and Equipment details;
  • The cause of Fire, Flood or Accidental Damage (if applicable)
  • For Theft the crime reference number (if applicable)

If the claim is covered by the policy, authorisation will be given by the Claims Office to carry out the repair or replacement. A claims authority number will be issued with an authorised Repair Cost or Replacement Cost, which is the most We will pay for the repair or replacement, subject to Your Single Claim Limit and Sum Insured.

Authorisation of repairs or replacement will remain valid for 30 days. If no furthercommunication is made during this period the authority will be rescinded and theclaim rendered void.

Should You decide to give permission to the Repairer to commence work, withoutobtaining an authorisation number from the Claims Office, You do so in the fullknowledge that We reserve the right not to meet Your claim because You havedenied Us Our right under this policy to agree cover, inspect the Equipment and manage costs prior to its repair

3. Use of an Engineer

At notification of any claim, or following receipt of the estimate, the Claims Office
reserves the right to:

  • instruct an independent Engineer to inspect Your Equipment before authorising any claim; or
  • inspect any Components which have been removed, together with any original documentation, within one calendar month after any repair or replacement has been authorised or carried out.

When this right is exercised We shall have no liability for any loss to You arising from any possible delay. Any decision on liability will be withheld until this report is received.

4. Salvage

We shall be entitled to take and keep possession of any damaged and replaced Components and/or Equipment and to deal with the salvage in a reasonable manner. No property may be abandoned to Us.

5. Contribution and Indemnity

In the event of Fire, Flood Accidental Damage or Theft to the Equipment for which a claim is admitted under this policy the basis upon which the amount payable is to be calculated shall be

a) the cost of repair or replacement of the lost or damaged part of the Equipment to a condition equal to but not better or more extensive than its condition when new. When replacement parts are not available from the manufacturers or their agents Our liability shall be limited to the cost of an equivalent repair to similar Equipment of current manufacture

b) where the Equipment is lost or in Our opinion damaged beyond repair its replacement by Equipment of equivalent specification. Where Equipment of equivalent specification is not available We will pay for similar replacement Equipment with the nearest higher specification. Replacement should be carried out in this way with reasonable despatch.
No payment will be made until the cost is actually incurred.

Our liability in respect of any one loss or series of losses arising out of any oneoccurrence is limited to the amount shown in the Certificate of Insurance. Payment of a claim made under this Insurance shall not reduce the Sums Insured except upon written notice by Us to the contrary. Provided that
a) You will where the payment exceeds £500 pay such additional premium as may be required by Us
b) You will take immediate steps to comply with any of Our requirements relating to amendments to the protections of the Equipment.

6. When the Equipment has been repaired

If You are aware, or believe, that the repair is not satisfactory advise the Claims
Office
immediately.


Definitions

Any word or expression to which a specific meaning has been attached will bear the same meaning throughout this insurance and will appear with a capital letter and in bold.

  1. Accidental Damage means any damage caused by You to the Equipment which was not deliberate or bound to happen.
  2. Administrator means Burnett and Associates, 39 - 41 Victoria Road, Woolston, Southampton, SO19 9DY, Customer Services telephone number 023 8044 2227.
  3. Proposal means any signed application and declaration together with any additional information You may have supplied to Us in support of Your request for insurance.
  4. Claims Office means the office, which deals with claims matters arising from this policy and the address and telephone number are detailed in this document under claims procedure.
  5. Component(s) means any mechanical, electrical or electronic part, which forms part of the Equipment's original specification, insured under this policy as defined on the policy schedule.
  6. Computer Virus is a self-replicating program that spreads by inserting copies of itself into other executable code or documents, that is loaded onto Your computer without Your knowledge and runs against Your wishes.
  7. Fire Damage means any damage caused to the Equipment by an ignition of flammable materials which was accidental and unforeseen.
  8. Flood Damage means permanent or irrecoverable damage to the Equipment which stops the Equipment functioning as it was designed to, caused by the escape of water from the normal confines of any natural or artificial water course (other than water tanks, apparatus or pipes) or lake, reservoir, canal or dam in addition to inundation from the sea.
  9. Geographical Limits means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.
    Indemnity/Indemnified means if We pay to have Components on the Equipment replaced or repaired resulting in the Equipment being in a better condition than it was before the Theft, Fire, Flood or Accidental Damage, You may be required to pay a contribution towards the cost, or We may at Our option use reconditioned Components.
  10. Equipment means a computer or electronic equipment plus accessoriessupplied to You and as stated on the policy schedule.
  11. Period of Insurance means the dates shown on the policy schedule.
  12. Repairer means any full-time business providing an Equipment repair service authorised by Us.
  13. Repair Cost means the cost of both repair materials and labour (including VAT where appropriate) necessitated in rectifying the Fire, Flood or Accidental Damage.
  14. Replacement Cost means the cost of replacement Equipment or Components of similar make and quality as the Component that had suffered Theft, Fire, Flood or Accidental Damage including the labour cost of fitting the new Component, in line with part manufacturer list prices.
  15. Single Claim Limit is the maximum amount that can be claimed for any one claim during the Period of Insurance for any Theft, Fire or Flood Damage or Accidental Damage and is stated on the policy schedule.
  16. Sum Insured is the maximum amount that can be claimed in total during the Period of Insurance, and is stated on the policy schedule.
  17. Theft means the dishonest removal of the Equipment from Your possession by a third party.
  18. We/Us/Our means AXA Insurance UK plc. Registered office 5 Old Broad Street, London EC2N 1AD Registered No. 78950 (England).
  19. Wear and Tear means the gradual deterioration associated with normal use and age of the Equipment and its Components.
  20. You/Your/Yourself means the policyholder as named in the policy schedule.

What is covered

Fire, Flood or Accidental Damage cover

If the Equipment suffers Fire, Flood or AccidentalDamage, We will IndemnifyYou for either the parts and labour cost of repairing the Equipment or, at Our choice, for the cost of a replacement Equipment of the equivalent general specification and for the courier costs, during the Period of Insurance, whilst the Equipment is within the GeographicalLimits, subject to the conditions and exclusions set out in this policy.


You are Indemnified against Repair or ReplacementCosts up to the Single Claim Limit, and the Sum Insured.

Specific exclusions applying to Fire, Flood or Accidental Damage cover.

We shall not be liable in respect of:

  • Damage to Equipment that is not suitably stored or packed whilst in transit.
  • Damage to the Equipment whilst on hire or loan to any third party.
  • Malicious damage, loss, or Wear and Tear.
  • Damage occurring from the Equipment being left on any motor vehicle.
  • Repair or replacement of Bluetooth, wireless modem, LAN or other connectivity devices not supplied as part of the Equipment.

Theft Cover

If the Equipment is stolen during the Period of Insurance, whilst the Equipment is within the Geographical Limits, We will replace the Equipment with Equipment of the equivalent general, specification and for the courier costs subject to the conditions and exclusions set out in this policy.

You are Indemnified against Replacement Costs up to the Single Claim Limit, and the Sum Insured.

Specific conditions applying to Theft cover

  1. The possible or actual Theft of the Equipment must be reported as soon as is practicable to the emergency number provided to You. If the Equipment is subsequently retrieved or returned it will become Our property.
  2. You must, as soon as is practicable, within 12 hours of discovering the Theft, report the occurrence to the police or other relevant authority and obtain an incident report number.

Specific exclusions applying to Theft cover

We shall not be liable in respect of:

  • Theft of the Equipment whilst kept in an unattended motor vehicle unless the vehicle is locked, the Equipment is placed out of sight and all protections put into operation so that forced entry into the vehicle is required. A copy of the repairers account for such damage to the vehicle must be submitted with any claim made.
  • Theft of the Equipment from any motor vehicle between 22.00 hours and 06.00 hours.
  • Theft of the Equipment left on any motor vehicle.
  • Theft of the Equipment from any property or premises unless such Theft has occurred through forced and violent entry or exit. A copy of the repairers account for such damage to the property or premises must be submitted with any claim made.
  • Theft of the Equipment whilst on/in any form of public conveyance or public place save where the Equipment is taken from You by actual or threatened force.
  • Theft of the Equipment whilst on hire or loan to any third party.
  • Lost or misplaced Equipment.

 

Worldwide use


Geographical Limits shall be extended to include worldwide for a period of up to a maximum 90 days during any one Period of Insurance.

General exclusions applying to all sections of cover

We shall not be liable in respect of:

  • Any item not included on the policy schedule.
  • Damage to any additional equipment or accessories including but not limited to carrying cases, battery chargers (other than those supplied as original equipment with the Equipment, and identified from the policy schedule or additional Equipment as identified on the policy schedule), hands free mounting kit or external antennae.
  • The Excess
  • Any Equipment not owned by the You
  • Loss of use of the Equipment or consequential loss of any kind.
  • Fire, Flood or Accidental Damage or Theft arising outside of the Geographical Limits.
  • Costs recoverable from any party under the terms of any guarantee or warranty (or which would be recoverable but for the act or omission of You).
  • Any reduced performance or efficiency of the Equipment.
  • Any costs incurred either by or in the process of installing the Equipment or in subsequently relocating it.
  • Any associated charges levied by any provider to You.
  • Repairs and maintenance carried out by anyone other than a Repairer nominated by the Administrator and accepted by Us.
  • Any costs relating to software or date changes.
  • Any costs incurred where it is found that the Equipment is functioning normally or where no fault or damage is found and the Equipment has not suffered Fire, Flood or Accidental Damage or Theft.
  • Fire, Flood or Accidental Damage or Theft caused by negligence, abuse or misuse in respect of the Equipment including but not limited to:
  • failure to use or site the Equipment in accordance with manufacturers' instructions and failure to follow maintenance recommendations;

  • the use of accessories or equipment not approved by the manufacturer or incorrect connections of signal leads or application of incorrect electrical supply;

  • faulty software or programming or electrical power surge or fluctuation.

  • The cost of remedying or making good solely due to :
  • Wear and Tear, gradual deterioration or oxidisation

  • gradually developing defects, cracks, flaws or fractures

  • scratching or chipping of any surfaces or cosmetic damage.

  • The cost of maintenance, overhaul or modification or damage resulting from maintenance, overhaul or modification.
  • Fire, Flood or Accidental Damage or Theft directly or indirectly caused by or contributed to by or arising from:
  • war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power;

  • ionising radiations or contamination by radioactivity from any nuclear fuel or; from any nuclear waste from the combustion of nuclear fuel, or; the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof

  • pressures waves caused by aircraft or other aerial devices traveling of sonic or supersonic speeds

  • Loss of or damage to data carrying material.
  • This policy does not insure loss, damage, destruction, distortion, erasure, corruption or alteration of electronic data from any Computer Virus or similar mechanism or as a result of any failure of the Internet, or loss of use, reduction in functionality, cost, expense of whatsoever nature resulting there from, regardless of any other cause or event contributing concurrently or in any other sequence to the loss.
  • External data carrying materials and any computer program or data information recorded thereon unless stated above.
  • The costs of rectifying programming errors or design defects in software.
  • Any expenditure in consequence of the use by You of software in respect of which development has not been finalised or which has not passed all testing procedures or which has not been successfully proven.
  • Any expenditure in consequence of failure to comply with manufacturers recommendations relating to storage of computer media.
  • The value to You of data stored on the Equipment.

If any claim is made under this insurance policy is fraudulent in any respect or if any fraudulent means or devices are used by You to obtain any benefit hereunder all benefit under this policy shall be forfeited.


Legal rights

This insurance is in addition to Your legal rights and is not to be substituted for the suppliers liability if the Equipment is found to be unfit for the purpose for which it was intended, or is not as described or is not of satisfactory quality.

We may take such proceedings as We think fit in Your name to enforce any rights and remedies against or obtain relief or indemnity from other parties to which We shall be or may become entitled or subrogated under this certificate and You will at Our request and expense do and concur in doing and permit to be done such acts as may be reasonably required by Us for that purpose.

If, at the time of Fire, Flood or Accidental Damage or Theft of or to the Equipment, any other insurance covers the same, We shall not be liable to pay or contribute more than Our proportions of indemnity for such Fire, Flood or Accidental Damage or Theft.

Our liability under this certificate for any Period of Insurance shall be conditional upon payment in advance of the appropriate premium due for that period.

Making Yourself Heard

If You have cause for complaint, it is important You know We are committed to providing You with an exceptional level of service and customer care. We realise that things can go wrong and there may be occasions when You feel that We have not provided the service You expected. When this happens, We want to hear about it so that We can try to put things right.

Who to contact
The most important factors in getting Your complaint dealt with as quickly and efficiently as possible are:

  • to be sure You are talking to the right person, and;
  • that You are giving them the right information.

When You contact Us

  • Please give Us Your name and a contact telephone number
  • Please quote Your policy and/or claim number and the type of policy You hold
  • Please explain clearly and concisely the reason for Your complaint

So We begin by establishing Your first point of contact.

Step one - initiating Your complaint
Does Your complaint relate to:
A: Your policy?
B: A claim on Your policy?

If A, You need to contact Burnett and Associates, 39 - 41 Victoria Road, Woolston,
Southampton, SO19 9DY. Customer Services tel. No. 0844 576 2303. Please
quote details of this insurance and in particular Your policy number to help Your
enquiry to be dealt with properly.

If B, You need to contact the Claims Office that is currently dealing with Your
claim and state Your complaint.

In either case, if You wish to provide written details, the following checklist has
been prepared for You to use when drafting Your letter.

  • - Head Your letter 'COMPLAINT'
  • - Give Your full name, post code and contact telephone number(s)
  • - Quote the type of policy and Your policy and/or claim number
  • - Advise the name of Your insurance agent/firm (if applicable)
  • - Explain clearly and concisely the reason(s) for Your complaint

The letter should be sent to the person dealing with Your complaint along with any other material required.

 

 

 

 

 

 

 

 


 

AXA Insurance UK plc. Registered in England No: 78950.

Registered address: 5 Old Broad Street London EC2N 1AD.

A member of the AXA Group of companies. AXA Insurance UK plc is authorised and regulated by the Financial Services Authority.

Burnett & Associates plc is authorised and regulated by the Financial Services Authority.

We expect that the majority of complaints will be quickly and satisfactorily resolved at this stage, but if You are not satisfied, You can take the issue further:

Step two - contacting AXA Head Office
If Your complaint is one of the few that cannot be resolved by this stage, please contact the Head of Customer Care who will arrange for an investigation on behalf of the Chief Executive:

Head of Customer Care
AXA Insurance
Civic Drive
Ipswich
IP1 2AN


Tel: 01473 205926
Fax: 01473 205101
Email: customercare@axa-insurance.co.uk


Step three - beyond AXA
If We have given You Our final response and You are still dissatisfied You may refer Your case to the Financial Ombudsman Service (FOS).

The FOS is an independent body that arbitrates on complaints about general insurance products. It will only consider complaints after We have provided You with written confirmation that Our internal complaints procedure has been exhausted.


The Ombudsman can be contacted at:

Insurance Division
Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR


Tel: 0845 080 1800
Fax: 020 7964 1001

Referral to the FOS will not affect Your right to take legal actionagainst Us.


Our promise to You

  • Acknowledge written complaints promptly
  • Investigate quickly and thoroughly
  • Keep You informed of progress
  • Do everything possible to resolve Your complaint
  • Learn from Our mistakes
  • Use information from complaints to continuously improve Our service

To help Us improve Our service, We may record or monitor telephone calls.


Authorised and regulated by the Financial Services Authority