Following are the Terms & Conditions covering rental or lease of MobinTeleCom Oy CSI -Telematics GSM-GPRS-GPS-RFID Security Monitoring Equipment, hereinafter referred to as TSME
TERMS AND CONDITIONS
MobinTeleCom Oy ("MTC") and the customer ("Customer") hereby agree to the following terms and conditions with respect to the provisions by MTC to Customer of the Telematics GSM-GPRS-GPS-RFID Security Monitoring Equipment, and peripheral equipment , hereinafter referred to as TSME, which are identified and/or described in the Rental Agreement attached to these terms and conditions.
AUTHORIZED SIGNATURE
1. If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that the individual has been properly authorized and empowered to enter into the agreement on behalf of the entity.
DELIVERY OF TSME, AND EQUIPMENT
2. MTC will deliver the TSME, and equipment, at its own risk, to the address designated by the customer.
3. MTC, will use reasonable efforts to deliver the cellular phone and equipment by the requested delivery date but it shall not incur any liability to the Customer in the event of any delay caused by forces and/or other circumstances beyond its control.
4. The Customer will accept the TSME and equipment when delivered on or before the delivery date, and if for any reason the Customer fails to accept the package when delivered on or before such date the Customer shall nevertheless be liable for the stated Rental Charge in full, and for the proper and timely return of the TSME and equipment to MTC.
CHARGES
5. The Customer will pay the rental charge from the delivery date until the end of the rental period or the date all of the equipment specified in the rental agreement are returned to and accepted by MTC, whichever is later. TSME and equipment rental charges apply to full week or seven days and fractions thereof.
6. The Customer will pay the charges for all SMS traffic/calls made on the TSME after delivery and until it is returned to and accepted by MTC or by one of its representatives. MTC may increase the call charges as and when it deems appropriate. However, MTC will attempt to provide the Customer with reasonable notice of any impending change as soon as it becomes practically possible.
7. The Customer shall be billed at least one SMS for each incoming, outgoing, completed, incomplete or attempted traffic, in accordance with cellular billing practices or by written agreement.
8. The Customer is responsible for phone service and airtime charges during the entire period that the TSME and equipment are rented whether or not Customer personally makes the calls for which the charges are imposed.
9. MTC is entitled to bill the Customer, on a delayed basis, at any time after the TSME and equipment have been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not MTC is aware of such charges at the time of the return of the equipment. All charges and other amounts billed pursuant to this agreement are payable by the Customer at the end of the agreed upon rental period as set forth in these terms and conditions, or if not computed at the end of rental period, then upon demand mailed or faxed by MTC to the Customer.
10. The rental charge, the call charges and any other amounts due to MTC under this agreement are payable at the end of the rental period and MTC. shall be entitled to charge interest at the rate of 2% per month (or part of a month) on any overdue amounts.
11. The Customer will pay the taxes on all calls and rental charges made on the cellular phone. Applicable U.S., State, foreign taxes, including Value Added Taxes in certain countries are additional; and will be added. Rates are subject to change without notice.
LOSS OR DAMAGE OF EQUIPMENT
12. If the cellular phone and equipment are not returned as stated below, then MTC at its discretion may charge the full replacement costs of TSME and accessories, without prejudice to any other right or remedy it may have against the customer.
13. In the event of any loss, damage, theft or disappearance of the equipment while on rental, regardless of circumstances, the customer shall pay to MTC on demand, an amount equivalent to the value of the cellular phone and equipment as identified in the rental agreement, less any deposit retained by MTC.
DEPOSIT
14. The Deposit shall be repaid to the Customer provided all the equipment is returned to MTC and any outstanding charges are paid at the end of the rental period in accordance with these terms and conditions.
15. If the TSME and equipment are not returned as stated below, then MTC at its discretion may retain some or all of the deposit without prejudice to any other right or remedy it may have against the customer.
16. In the event of any loss, damage, theft or disappearance of the equipment while on rental, regardless of circumstances, the Customer shall pay to MTC on demand, an amount equivalent to the value of the TSME and equipment as identified in the rental agreement, less any deposit retained by MTC. In the event the cellular telephone and accessories are stolen or lost, the customer is liable for all call charges on such equipment until the access code is deactivated by the cellular carrier.
USE OF EQUIPMENT
17. Upon delivery to the Customer MTC will provide instructions and guidelines on the use of TSME and equipment.
18. The Customer will use the TSME and equipment in a careful and proper manner, in accordance with the instructions, and in no other manner.
19. The customer agrees that he/she will not::
a. Effect any repairs or modifications to the cellular phone or other rental equipment.;
b. Remove or interfere with any certification markers affixed to the cellular phone or equipment;
c. Deface or add to the equipment in any way;
d. Sublet or allow the use of the equipment by any third party; or
e. Attempt to dispose of the equipment or to grant any interest in the equipment to any third party.
REPAIRS OF EQUIPMENT
20. If the equipment is not in working order when delivered or subsequently malfunctions, the Customer will notify TSME or its designated representative immediately.
21. MTC will repair or replace the TSME or equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the rental agreement, MTC will provide the Customer with the same or similar TSME or equipment as soon as possible for a period equivalent to the part of the rental period un-expired when the malfunction occurred.
22. If MTC finds that equipment reported as faulty is actually in working order then the Customer will pay the cost of collection and delivery of the replacement TSME and/or equipment.
LIABILITY
23. MTC warrants that TSME and equipment will be in working order when delivered to the Customer but cannot be responsible for the performance of the equipment or the operation of the telephone network to which it is connected.
24. MTC MAKES NO OTHER WARRANTIES, GUARANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT. SUBJECT TO THIS AGREEMENT ( see Theft & Loss Protection) THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR AND SHALL INDENIFY AND HOLD MTC HARMLESS AGAINST ALL CLAIMS, DEMANDS AND LIABILITY ARISING AS A RESULT OF LEASE, POSSESSION, USE, CONDITION, OPERATION OR MISUSE OF THE TSME OR THE CELLULAR PHONE SERVICES PROVIDED HEREUNDER WHETHER IN BREACH OF THIS AGREEMENT OR HOWEVER IT ARISES. MTC WILL IN NO EVENT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE TSME OR OTHER EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL.
25. The Customer shall be liable to MTC for all expenses, including reasonable attorney's fees, incurred in connection with any collection, repossession or other action brought to enforce MTC's right to deactivate the cellular telephone or equipment at any time and without notice to the Customer, in the event that MTC's rights under this agreement. MTC reserves the right to deactivate the TSME or equipment at any time and without notice to the customer, in the event that MTC detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and MTC shall have no liability whatsoever to the Customer for such deactivation.
OWNERSHIP
26. The rental equipment, including the transceiver and all accessories will at all times remain the property of MTC. The Customer acquires no rights other than temporary use. During the rental period, no service or part replacements are authorized without written approval from MTC. The Customer agrees that he/she has examined the equipment and that the equipment is in good working order at the time of receipt.
TERMINATION
27. Unless otherwise agreed with MTC the Customer shall return the TSME and any other rental equipment to MTC at the end of the rental period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the equipment by Federal Express or comparable overnight courier to the designated MTC address and in accordance with shipping instructions provided by MTC at time of delivery of the equipment. Should the Customer return the equipment using means other than those specified in the instructions provided by MTC at the start of the rental, rental and other charges will continue, and the Customer will remain liable for any damage to the equipment, while the equipment is in transit. Packages returned with any components or pieces missing from the package (kit) provided will continue to be charged full rental until all such missing components or pieces are returned or replacement value of the equipment is paid.
28. Should the Customer:
(a) obtain use of the equipment by any misrepresentation or fraudulent means, or
(b) tamper with the TSME meter, or
(c) use the equipment for any illegal or improper purpose, or
(d) otherwise commit a breach of these terms and conditions then MTC may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this agreement; (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the equipment without being obliged to repay any portion of the rental charges. No remedy of MTC shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
29. The Customer shall pay the manufacturer's full retail price to MTC for TSME or other rental equipment which is damaged or not returned at the end of the rental period.
APPLICABLE LAW
30. This agreement shall be governed by the laws of the Republic of Finland.
GENERAL
31. The headings in this agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
32. No waiver by MTC of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
33. This agreement cannot be assigned or transferred by the Customer, nor can this agreement be modified (or any provision waived or modified) except by written instrument signed by MTC or its authorized agent. This agreement constitutes the entire agreement between MTC and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of TSME, accessories or other rental equipment, other than as set forth herein.
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