1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. Welcome to the new DBSTalk community platform. We have recently migrated to a community platform called Xenfono and hope you will find this change to your liking. There are some differences, but for the most part, if you just post and read, that will all be the same. If you have questions, please post them in the Forum Support area. Thanks!

HR to replace an HR Upgrade? Or not and upgrade?

Discussion in 'DIRECTV HD DVR/Receiver Discussion' started by tkrandall, Sep 5, 2013.

  1. Sep 5, 2013 #1 of 12
    tkrandall

    tkrandall Hall Of Fame

    1,799
    0
    Oct 3, 2003
    I was reviewing the latest Equipment Lease Agreement

    http://www.directv.com/DTVAPP/content/legal/equipment_lease_addendum

    and it says:

    PART ONE:
    Part One of this agreement only applies to new customers or to our existing customers who decide to upgrade or add an additional DIRECTV Receiver(s) or Genie Mini Client(s) to their account. If you received this agreement in connection with simply replacing like for like Receivers/Genie Mini Clients (e.g., standard definition for standard definition, HD for HD), please skip to Part Two below, which applies to all customers.

    PART TWO only mentions only additional monthly fees, return requirements, etc.


    So, the way this reads implies to me that as a customer who has 3 HD DVRs already (1 HR20 and 2 HR24s) that if I went out and got (for say $199) a new HR24 receiver from a retailer or through DirecTV, then there is no 24 month commitment. Such is not an "upgrade" in my understanding of the parlance, rather a like for like swap.

    Is this now the policy?

    I thought it used to be any "new" (to you) leased receiver you requested/acquired that DirecTV did not ship to you to replace a faulty one was cause for a 24 month renewal in all cases.





    The entire agreement reads:


    Thank you for choosing DIRECTV! This Equipment Lease Agreement (ELA) has important terms and conditions regarding your lease of equipment from DIRECTV. By "equipment," we mean the DIRECTV Receiver, Genie Mini Client(s), Wireless Video Bridge, access card, and/or remote control (not the dish and/or cabling). You received the DIRECTV Customer Agreement with your DIRECTV Order Confirmation. The Customer Agreement, together with this ELA, comprise the terms of your service agreement with DIRECTV. Please be sure to read and keep copies of both. They are also available at www.directv.com/legal.
    You understand and agree that you did not buy the equipment, do not own the equipment, and must use and return the equipment as explained in your service agreement with DIRECTV. You have no right to sell, give away, transfer, pledge, mortgage, alter or tamper with the equipment.
    PART ONE:
    Part One of this agreement only applies to new customers or to our existing customers who decide to upgrade or add an additional DIRECTV Receiver(s) or Genie Mini Client(s) to their account. If you received this agreement in connection with simply replacing like for like Receivers/Genie Mini Clients (e.g., standard definition for standard definition, HD for HD), please skip to Part Two below, which applies to all customers.
    PROGRAMMING AGREEMENT AND TERMS. To keep costs down for you, we provide dishes and standard installation at reduced or no cost. In exchange, we ask that you remain a customer for a specified period of time. Specifically, you agree that, within 30 days of getting DIRECTV equipment (either provided to you or installed professionally), you will activate your Receiver(s)/Genie Mini Clients(s) and subscribe to a base level of programming, valued at $29.99/mo. or above, which may consist of a DIRECTV base programming package (English or Spanish language); OR a qualifying international language a la carte service bundled with either BASIC CHOICE or PREFERRED CHOICE. If you do not activate each DIRECTV Receiver/Genie Mini Client, you agree that DIRECTV or the authorized retailer from whom you obtained the equipment may charge you $150 per Receiver/Genie Mini Client as liquidated damages. You agree to continuously maintain the minimum level of programming with us as follows: new customers: 24 consecutive months; existing customers: 24 consecutive months for DVR, HD and/or HD DVR Receivers and any Genie Mini Clients, or 12 consecutive months for standard Receivers. If you selected a Genie HD DVR, you agree to pay a monthly Advanced Receiver Service fee ($25/mo.). If you selected an HD Receiver, you agree to pay a monthly Advanced Receiver-HD fee ($10/mo.). If you selected a DVR Receiver, you agree to pay a monthly Advanced Receiver-DVR fee ($10/mo.). If you selected a TiVo® HD DVR from DIRECTV (except for model HR10-250), you agree to pay a monthly Advanced Receiver Service fee ($25/mo.) and a monthly TiVo fee ($5/mo.). THIS AGREEMENT TO MAINTAIN PROGRAMMING IS SEPARATE AND DIFFERENT FROM ANY OTHER YOU MAY HAVE MADE WITH DIRECTV AND IS FULLY ENFORCEABLE UNDER THESE TERMS.
    EARLY CANCELLATION FEE (ECF). If you do not maintain your base level of programming for the full term, we will charge you an early cancellation fee. The maximum fee is $480 for new customers, $480 for existing customers with DVR, HD and/or HD DVR Receivers, or $240 for existing customers with only standard Receivers. We prorate the fee, so for each month you've fulfilled your programming term agreement, we deduct $20 from the fee (i.e., if you have fulfilled 14 months of a 24-month agreement, your ECF would be $480 - $20 x 14, or $200). We reserve the right to charge this fee to the credit or debit card you have on file with us. We do not charge an ECF if you decide to cancel your DVR Service or HD Access early, so long as you maintain the base level of programming. However, upon cancellation of DVR Service and/or HD Access, you are required to return the equipment used in connection with these services to DIRECTV as described in Part Two below.
    PART TWO:
    MONTHLY FEES FOR ADDITIONAL DIRECTV RECEIVERS, Genie Mini Clients AND/OR ENABLED TVs/DEVICES. There is no additional monthly fee for one Receiver. If you have two DIRECTV Receivers and/or one Receiver and a Genie Mini Client/Enabled TV/Device, the fee is $6/mo. For the third and each additional DIRECTV Receiver and/or Genie Mini Client/Enabled TV/Device on your account, you are charged an additional fee of $6/mo. per Receiver, Genie Mini Client and/or Enabled TV/Device. Sales, use, or other taxes may apply. Fees are subject to change at any time.
    WARRANTY DISCLAIMER. You are responsible for the loss of, damage to, or the entire cost of, any necessary service or repair of the leased DIRECTV
    equipment. You have no right to sell, give away, transfer, pledge, mortgage, alter or tamper with the equipment. EXCEPT AS PROVIDED HEREIN, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR YOUR RECEIVING EQUIPMENT, WHICH IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE RECEIVING EQUIPMENT. YOU ARE RESPONSIBLE FOR THE LOSS OF, DAMAGE TO, OR THE ENTIRE COST OF ANY NECESSARY SERVICE OR REPAIR OF YOUR RECEIVING EQUIPMENT. DIRECTV IS NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE RECEIVING EQUIPMENT PROVIDED TO YOU.
    CUSTOMER SERVICE. In the event your leased equipment does not operate, please contact DIRECTV at 1.800.531.5000.
    EQUIPMENT RETURN, NON-RETURN FEES. If you cease to be our customer (whether voluntarily or involuntarily), you must contact DIRECTV within 7 days of termination of your base level of programming to arrange for an equipment return kit or kits, and instructions on how to return your leased equipment [DIRECTV Receiver(s), Genie Mini Client(s) Wireless Video Bridge(s), access card(s), and remote(s)]. Leased equipment must be returned in good working order, normal wear and tear excepted. If we haven't received your leased equipment within 21 days of termination of your base level of programming, or if the equipment is returned in damaged condition, we will charge you $45 for each standard DIRECTV Receiver, $135 for each DVR, $45 for each HD Receiver, $135 for each HD DVR, $135 for each Genie HD DVR and $45 for each Genie Mini,Client so please promptly attend to your equipment return. We reserve the right to charge these fees to the credit or debit card you have on file with us. If you are leasing a DVR, HD or HD DVR Receiver and decide to terminate DVR service or HD Access or both, as applicable, you agree to return that advanced equipment (and replace with standard Receiver(s) if you are not terminating your base level of programming), in accordance with this paragraph, or we will charge you the stated fees. Visit directv.com or call 1.800.531.5000 for details.
    ARBITRATION. You and DIRECTV agree that both parties will resolve any dispute under this ELA, the DIRECTV Customer Agreement, or regarding your DIRECTV service, through binding arbitration as fully set forth in the DIRECTV Customer Agreement.
    AUTOMATIC PAYMENT REAUTHORIZATION. If you enrolled in Auto Bill Pay when signing up for service over the phone, online or through a retailer, by signing below, you confirm and reauthorize automatic payments for your DIRECTV service to the credit or debit card or bank account that you selected.
    BY SIGNING, I AUTHORIZE AND AGREE THAT DIRECTV MAY, AT ITS SOLE OPTION, CHARGE THE FEES DESCRIBED HEREIN. I WARRANT THAT I AM 18 YEARS OLD OR OLDER AND THAT ALL INFORMATION SUPPLIED BY OR ABOUT ME IS ACCURATE. I AGREE TO THE ABOVE TERMS AND CONDITIONS.
    Customer Signature__________________________________________ Print Name_ _______________________________________ Date_______________
     
  2. Sep 5, 2013 #2 of 12
    The Merg

    The Merg 1*

    10,289
    35
    Jun 24, 2007
    Northern VA
    It is still that way. The only way to avoid a commitment extension is for a replacement of a defective recevier/DVR of the same type. If you get a receiver/DVR from a third party and activate it, it is considered to be an additional receiver. That the fact that you are deactivating a receiver is of no consequence there. If you want a receiver "replaced", you have to do it through DirecTV and there is a specific option they need to select in their system so that the new receiver is listed as a replacement and not as an additional receiver.

    - Merg
     
  3. Sep 5, 2013 #3 of 12
    CCarncross

    CCarncross Hall Of Fame

    7,058
    60
    Jul 19, 2005
    Jackson
    For you to go out and get an HR24 is either adding to your fleet of 3 or upgrading your HR20....so yes it would be a new 24 months...
     
  4. Sep 9, 2013 #4 of 12
    peds48

    peds48 DIRECTV A-Team DBSTalk Club

    18,444
    917
    Jan 10, 2008
    NY
    The fact that you are getting the HR24 at a "lease" price, will lock you in for 24 months.
     
  5. inkahauts

    inkahauts DIRECTV A-Team

    21,532
    958
    Nov 13, 2006
    Might as well call and try and get a genie for free.


    Sent from my iPad using DBSTalk mobile app
     
  6. david279

    david279 New Member

    3
    0
    Jul 3, 2010
    I got a genie yesterday for free. Hope I can get a HR44.
     
  7. otaliema

    otaliema AllStar

    172
    1
    Aug 9, 2012
    Mid-west USA
    Merg is correct activation of any unit acquired from a third party is considered a leased upgrade by D* systems.
    They ways you can get a unit w/o a contract
    Contact D* and get it replaced trough their equipment replacement program due to failure. Unit model not guaranteed, like for like HR2x for HR2x
    Contact D* and purchase a HDDVR at owned price $399ish IIRC model not guaranteed. HR2x will be shipped or installed if you opt for that. Note installing gives a higher chance of a newer model but no promises.
    Find a private party selling an owned unit of the model your after, contact D* confirm it's able to transferred and buy a New Access card for ~$19.99.
     
  8. The Merg

    The Merg 1*

    10,289
    35
    Jun 24, 2007
    Northern VA
    Merg is correct activation of any unit acquired from a third party is considered a leased upgrade by D* systems.
    They ways you can get a unit w/o a contract
    Contact D* and get it replaced trough their equipment replacement program due to failure. Unit model not guaranteed, like for like HR2x for HR2x
    Contact D* and purchase a HDDVR at owned price $399ish IIRC model not guaranteed. HR2x will be shipped or installed if you opt for that. Note installing gives a higher chance of a newer model but no promises.
    Find a private party selling an owned unit of the model your after, contact D* confirm it's able to transferred and buy a New Access card for ~$19.99.


    Only correction is that an HR24 will be replaced with an HR24.


    - Merg

    Sent from my iPad using DBSTalk mobile app
     
    1 person likes this.
  9. otaliema

    otaliema AllStar

    172
    1
    Aug 9, 2012
    Mid-west USA
    Ohh yeah forgot that. Thank you Merg.
     
  10. Beerstalker

    Beerstalker Hall Of Fame

    3,488
    64
    Feb 9, 2009
    Peoria, IL
    IIRC they usually try to replace an HR24 with an HR24 because of the built in DECA, however, if the nearest distribution center is out of HR24s you will get whatever is on top of the pile as far as I know. I don't think it is a 100% guarantee you will always get an HR24 to replace an HR24. Just like in the near future I won't be suprised if we start hearing complaints about people getting an HR34 to replace a bad HR44.
     
  11. The Merg

    The Merg 1*

    10,289
    35
    Jun 24, 2007
    Northern VA
    There's a box for the CSR to check off when replacing a HR24. If that is done correctly, the customer will get a HR24. It's a similar flag for when people were having a HR20 replaced and they told the CSR that they used OTA.


    - Merg

    Sent from my iPhone using DBSTalk mobile app
     
  12. Beerstalker

    Beerstalker Hall Of Fame

    3,488
    64
    Feb 9, 2009
    Peoria, IL
    Yes, but as far as I know if the person in the distribution center gets that order sheet and sees that it specifically calls for an HR24, but they don't have an HR24 available at that distribution center, they will just send out whatever they do have rather than the customer having to wait until they get HR24s in, or sending the order to a different distribution center.
     

Share This Page