SATPHONE RENTALS Ltd TERMS AND
CONDITIONS
SATPHONE RENTALS , . ("SATPHONE RENTALS Ltd") and the
customer ("Customer") hereby agree to the following
terms and conditions with respect to the provisions by
SATPHONE RENTALS Ltd to Customer of the satellite 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 SATELLITE PHONE AND EQUIPMENT
2. SATPHONE RENTALS Ltd will deliver the satellite phone
and equipment, at its own risk, to the address
designated by the customer.
3. SATPHONE RENTALS Ltd will use reasonable efforts to
deliver the satellite 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 satellite 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 (Rental charges will apply only if
equipment is returned after the Free Rental Offer period
has passed, or if the equipment is returned later than
the rental agreement states) in full and for the proper
and timely return of the satellite phone and equipment
to SATPHONE RENTALS Ltd.
CHARGES
5. SATPHONE RENTALS Ltd will provide Customers a
rental agreement with all applicable rental charges
listed. Rental charges will apply only if equipment is
returned after the Free Rental Offer period has passed,
or if the equipment is returned later than the rental
agreement states. Rental fees will apply and be charged
on a pro-rated daily rate based on the rental rate shown
on the rental agreement. The Customer will pay the
rental charge from the date when the benefit offer
passed 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 the courier, whichever
is later. Satellite 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 satellite phone after delivery and until it is
returned to and accepted by the courier or by one of its
representatives. SATPHONE RENTALS Ltd may increase the
call charges as and when it deems appropriate. However,
SATPHONE RENTALS Ltd 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
satellite billing practices or by written agreement.
8. The Customer is responsible for phone equipment,
airtime charges, and such charges including rental
charges (if the Free Rental Offer period was exceeded),
shipping charges, and bill itemization. Airtime charges
for calls that processed and connected would be charged
based on the rates shown on the rental agreement. Also
any toll free 800 call charges for calls that are
processed and connected would also be applied. Such
calls would include incoming, local or international
calls during the entire period that the satellite phone
and equipment are rented whether or not Customer
personally makes the calls for which the charges are
imposed.
9. SATPHONE RENTALS Ltd is entitled to bill the
Customer, on a delayed basis, at any time after the
satellite phone and equipment have been returned for any
and all charges for which the Customer shall be
responsible pursuant hereto, whether or not SATPHONE
RENTALS Ltd 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
e-mailed, mailed or faxed by SATPHONE RENTALS Ltd to the
Customer.
10. The rental charge, (if equipment is returned after
the Free Rental Offer period has passed, or if the
equipment is returned later than the rental agreement
states) the call charges and any other amounts due to
SATPHONE RENTALS Ltd under this agreement are payable at
the end of the rental period and SATPHONE RENTALS Ltd
shall be entitled to charge interest at the rate of 2%
per month (or part of a month) on any overdue amounts.
11. The Free Rental Offer will not be available in Japan
and or Korea. In addition a 5% tax will apply to the
rental fee and the airtime charges on Japan and Korea
phone orders
CANCELLATION
12. SATPHONE RENTALS Ltd will not charge a
cancellation fee if an order is cancelled prior to shipping
the equipment to the Customer. If the order is cancelled
after SATPHONE RENTALS Ltd ships the equipment a $20.00
shipping fee will be applied. (Rush shipping charges and
shipping charges outside the continental U.S. including
Canada are additional and will vary in cost.) The Customer
is responsible for the $20 return delivery fee.
LOSS OR DAMAGE OF EQUIPMENT
13.This clause will only apply if the
Customer has paid for the Theft & Loss Protection option and
if any or all of the satellite phone or other rental
equipment are not returned to SATPHONE RENTALS Ltd in
accordance with the provisions of these terms and conditions
due to theft or accidental loss or damage.
14. Customer shall immediately notify SATPHONE RENTALS Ltd
of any theft, loss of or damage to the satellite phone or
other rental equipment and shall, if applicable, provide
evidence of theft by submitting a copy of a written police
report to SATPHONE RENTALS Ltd within 24 hours of the loss
or theft.
15. If this clause applies then the Customer will not be
liable to pay for the value of the satellite phone or other
rental equipment set forth in the rental agreement even if
the retail price of the satellite phone which would
otherwise have been payable by the Customer under this
agreement. 16. The following clause will apply if the
Customer has not paid for the Theft & Loss Protection option
and if any or all of the satellite phone or other rental
equipment are not returned to SATPHONE RENTALS Ltd in
accordance with the provisions.
17. If customer chooses the non premium insurance, a $75.00
deductible will apply.
18. If the satellite phone and equipment are not returned as
stated below, then SATPHONE RENTALS Ltd 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.
19. In the event of any loss, damage, theft or disappearance
of the equipment while on rental, regardless of
circumstances, the Customer shall pay to SATPHONE RENTALS
Ltd on demand, an amount equivalent to the value of the
satellite phone and equipment as identified in the rental
agreement.
AUTHORIZATION
20. SATPHONE RENTALS Ltd will place an
authorization on the designated credit card of $300.00. If
applicable, the designated credit card will be used to
process satellite phone fees or charges related to the
rental of the international satellite phone. This may take
more than one transaction. (Charges will apply if equipment
is returned after the Free Rental Offer period has passed,
or if the equipment is returned later than the rental
agreement states
USE OF EQUIPMENT
21. Upon delivery to the Customer SATPHONE
RENTALS Ltd will provide instructions and guidelines on the
use of the satellite phone and equipment.
22. The Customer will use the satellite phone and equipment
in a careful and proper manner, in accordance with the
instructions, and in no other manner.
23. The customer agrees that he/she will not:
a. Effect any repairs or modifications to the satellite
phone or other rental equipment;
b. Remove or interfere with any certification markers
affixed to the satellite 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
24. If the equipment is not in working order
when delivered or subsequently malfunctions, the Customer
will notify SATPHONE RENTALS Ltd or its designated
representative immediately.
25. SATPHONE RENTALS Ltd 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, SATPHONE
RENTALS Ltd will provide the Customer with the same or
similar satellite phone or equipment as soon as possible for
a period equivalent to the part of the rental period
un-expired when the malfunction occurred.
26. If SATPHONE RENTALS Ltd 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
satellite phone and/or equipment.
27. SATPHONE RENTALS Ltd will attempt to resolve all issues
with the Customer overseas by having a technician contact
the Customer to isolate the problem.
28. If SATPHONE RENTALS Ltd cannot resolve the issue with
the Customer, SATPHONE RENTALS Ltd will provide
authorization via telephone and the Customer can take the
mobile phone to a repair center. If the unit can be
repaired, SATPHONE RENTALS Ltd will reimburse the charges.
LIABILITY
29. SATPHONE RENTALS Ltd warrants that the
satellite 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.
30. SATPHONE RENTALS Ltd 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 SATELLITE
PHONE SERVICES FURNISHED UNDER THIS AGREEMENT. SUBJECT TO
THIS AGREEMENT ( see Theft & Loss Protection) THE CUSTOMER
SHALL BE SOLELY RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD
SATPHONE RENTALS Ltd HARMLESS AGAINST ALL CLAIMS, DEMANDS
AND LIABILITY ARISING AS A RESULT OF LEASE, POSSESSION, USE,
CONDITION, OPERATION OR MISUSE OF THE EQUIPMENT OR THE
SATELLITE PHONE SERVICES PROVIDED HEREUNDER WHETHER IN
BREACH OF THIS AGREEMENT OR HOWEVER IT ARISES. SATPHONE
RENTALS Ltd 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 SATELLITE PHONE OR OTHER
EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE
CORRECTLY OR AT ALL.
31. The Customer shall be liable to SATPHONE RENTALS Ltd for
all expenses, including reasonable attorney's fees, incurred
in connection with any collection, repossession or other
action brought to enforce SATPHONE RENTALS Ltd's right to
deactivate the satellite telephone or equipment at any time
and without notice to the Customer, in the event that
SATPHONE RENTALS Ltd's rights under this agreement. SATPHONE
RENTALS Ltd reserves the right to deactivate the satellite
phone or equipment at any time and without notice to the
customer, in the event that SATPHONE RENTALS Ltd detects
unusually high usage or possible fraud in accordance with
general operating practices and procedures in the satellite
industry, and SATPHONE RENTALS Ltd shall have no liability
whatsoever to the Customer for such deactivation.
OWNERSHIP
32. The rental equipment, including the
transceiver and all accessories will at all times remain the
property of SATPHONE RENTALS Ltd. The Customer acquires no
rights other than temporary use. During the rental period,
no service or part replacements are authorized without
written approval from SATPHONE RENTALS Ltd. 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
33. Unless otherwise agreed with SATPHONE
RENTALS Ltd the Customer shall return the satellite phone
and any other rental equipment to SATPHONE RENTALS Ltd 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 SATPHONE
RENTALS Ltd address and in accordance with shipping
instructions provided by SATPHONE RENTALS Ltd at time of
delivery of the equipment. Should the Customer return the
equipment using means other than those specified in the
instructions provided by SATPHONE RENTALS Ltd 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.
34. Should the Customer:
(a) obtain use of the equipment by any misrepresentation or
fraudulent means, or
(b) tamper with the satellite 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 SATPHONE RENTALS Ltd 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 SATPHONE
RENTALS Ltd shall be exclusive of any other remedy whether
provided herein or available at law or in equity, but shall
be cumulative with other remedies.
35. The Customer shall pay the
manufacturer's full retail price to SATPHONE RENTALS Ltd for
any satellite phone or other rental equipment which is
damaged or not returned at the end of the rental period.
APPLICABLE LAW
36. This agreement shall be governed by the
laws of the United Kingdom.
GENERAL
37. 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.
38. No waiver by SATPHONE RENTALS Ltd of any breach of this
agreement shall be considered as a waiver of any subsequent
breach of the same or any other provision hereof.
39. 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 SATPHONE RENTALS Ltd or its authorized agent. This
agreement constitutes the entire agreement between SATPHONE
RENTALS Ltd 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 satellite
telephone, accessories or other rental equipment, other than
as set forth herein.
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