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Following
are the Terms & Conditions covering rental or lease of TMI Tours & Cruises
international phones.
TERMS AND CONDITIONS
TMI Tours & Cruises, (“TMI”) and the
customer ("Customer") hereby agree to the following terms and conditions with
respect to the provisions by TMI to Customer of the cellular phone and
peripheral equipment which are identified and/or described in the Phone 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 CELLULAR PHONE AND
EQUIPMENT
2. TMI will deliver the cellular phone and
equipment, at its own risk, to the address designated by the customer.
3. TMI 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 cellular phone
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 cellular phone and equipment
to TMI.
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
TMI, whichever is later. Cellular phone and equipment rental charges apply to
full days and fractions thereof.
6. The Customer will pay the charges for all
calls made on the cellular phone after delivery and until it is returned to and
accepted by TMI or by one of its representatives. TMI may increase the call
charges as and when it deems appropriate. However, TMI 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
(1) minute of airtime for each incoming, outgoing, completed, incomplete or
attempted call, 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 cellular phone and
equipment are rented whether or not Customer personally makes the calls for
which the charges are imposed.
9. TMI is entitled to bill the Customer, on a
delayed basis, at any time after the cellular phone and equipment have been
returned for any and all charges for which the Customer shall be responsible
pursuant hereto, whether or not TMI 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 TMI to the Customer.
10. The rental charge, the call charges and any
other amounts due to TMI under this agreement are payable at the end of the
rental period andTMI 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 TMI at its discretion may charge the full
replacement costs of the phone 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 TMI 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 TMI.
DEPOSIT
14. The Deposit shall be repaid to the Customer
provided all the equipment is returned to TMI and any outstanding charges are
paid at the end of the rental period in accordance with these terms and
conditions.
15. If the cellular phone and equipment are not
returned as stated below, then TMI 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 TMI on demand, an amount equivalent to the value of the
cellular phone and equipment as identified in the rental agreement, less any
deposit retained byTMI. 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 TMI will
provide instructions and guidelines on the use of the cellular phone and
equipment.
18. The Customer will use the cellular phone
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 TMI or its
designated representative immediately.
21. TMI will repair or replace the telephone 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,
TMI will provide the Customer with the same or similar cellular phone 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 TMI 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 cellular phone and/or equipment.
LIABILITY
23. TMI warrants that the cellular phone 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. TMI MAKES NO OTHER WARRANTIES, GUARANTIES
OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING
WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABITY, 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 TMI HARMLESS AGAINST ALL CLAIMS, DEMANDS AND LIABILITY ARISING AS A RESULT
OF LEASE, POSSESSION, USE, CONDITION, OPERATION OR MISUSE OF THE EQUIPMENT OR
THE CELLULAR PHONE SERVICES PROVIDED HEREUNDER WHETHER IN BREACH OF THIS
AGREEMENT OR HOWEVER IT ARISES. TMI 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 CELLULAR PHONE OR OTHER
EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL.
25. The Customer shall be liable to TMI for all
expenses, including reasonable attorney's fees, incurred in connection with any
collection, repossession or other action brought to enforce TMI's right to
deactivate the cellular telephone or equipment at any time and without notice to
the Customer, in the event that TMI's rights under this agreement. TMI reserves
the right to deactivate the cellular phone or equipment at any time and without
notice to the customer, in the event that TMI detects unusually high usage or
possible fraud in accordance with general operating practices and procedures in
the cellular industry, and TMI 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 TMI.
The Customer acquires no rights other than temporary use. During the rental
period, no service or part replacements are authorized without written approval
fromTMI. 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 TMI the
Customer shall return the cellular phone and any other rental equipment to TMI
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
TMI address and in accordance with shipping instructions provided by TMI at time
of delivery of the equipment. Should the Customer return the equipment using
means other than those specified in the instructions provided by TMI 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 cellular phone meter, or
(c) use the equipment for any illegal or
improper purpose, or
(d) otherwise commit a breach of these terms
and conditions then TMI 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 TMI 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 TMI for any cellular phone 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 State of Idaho.
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 TMI 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 TMI or its
authorized agent. This agreement constitutes the entire agreement between TMI
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 the cellular telephone, accessories
or other rental equipment, other than as set forth herein.
Client Signature
Date
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