Common use of Sale of Equipment Clause in Contracts

Sale of Equipment. 8.1. The equipment will be delivered by courier. 8.2. The conditions for returning the equipment purchased from TELUS are as follows: 8.2.1. Call 0-000-000-0000 within five (5) business days of the delivery date to inform TELUS that the equipment will be returned and obtain TELUS’s authorization and the self-addressed pre-paid pouch required for the return; 8.2.2. The returned equipment must still look “new”; 8.2.3. The equipment must be returned in its original packaging with all its components and accessories; 8.2.4. The equipment must be returned within fourteen (14) business days of receiving the self-addressed pre-paid pouch for the return; 8.2.5. However, the Customer shall pay any initial delivery charges. 8.3. The only equipment warranties offered by TELUS are those offered by the manufacturer and delivered with the equipment. Usually: 8.3.1. The warranty period is calculated from the equipment purchase date; 8.3.2. The warranty period is twelve (12) months. 8.4. Not under warranty: 8.4.1. Damage caused by batteries or power surges, and defects caused by contact with water, sand or dust; 8.4.2. Theft or loss of the equipment or its components; 8.4.3. Discoloration or any other aesthetic damage that does not affect the operation of the equipment or its components; 8.4.4. Damage caused by improper installation, misuse, abuse or accident; 8.4.5. Deliberate damage or vandalism; 8.4.6. Damage resulting from repairs or attempted repairs by someone other than the manufacturer or authorized TELUS personnel; 8.4.7. Problems associated with a third-party Internet connection. Replacement charges apply if the replacement stems from one of the aforementioned items not covered. 8.5. If a defect is discovered during the warranty period, TELUS will replace the equipment with an identical or equivalent new or reconditioned model at no charge to the Customer. In such a case, the Customer shall return the defective equipment and its components, following the instructions received during the call to the repair centre or any other instructions posted on the TELUS website. 8.6. When the Customer chooses to pay the sale price in equal monthly instalments, the following constitute causes for forfeiture of the right to pay in this manner: 8.6.1. The Customer does not respect its obligation under this Agreement, notably the obligation to pay the agreed instalments; 8.6.2. The Customer becomes insolvent or declares bankruptcy or makes an arrangement with creditors with a view to liquidating its assets; 8.6.3. The Customer dies; 8.6.4. The Customer moves and changes its service coverage area and TELUS does not offer any service at the Customer’s new premises; 8.6.5. The equipment is heavily damaged, destroyed or stolen; 8.6.6. The Customer sells the equipment to a third party. 8.7. If one of the preceding causes for forfeiture of the right to pay by instalment occurs, TELUS may require the Customer to immediately pay the balance of the equipment sale price. 8.8. Before availing itself of this clause, TELUS shall send the Customer a written notice and statement of account. Within thirty (30) days of receiving the notice and statement of account, the Customer may: 8.8.1. remedy the default situation; or 8.8.2. submit a motion to the court to have the Agreement payment terms and conditions amended; or 8.8.3. seek permission from the court to return the equipment contemplated by the Agreement. 8.9. If the equipment is returned to TELUS with the permission of the court, the Customer’s obligation under this Agreement shall come to an end and TELUS shall then be under no obligation to reimburse the Customer for payments received to date.

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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Sale of Equipment. 8.1. The equipment will be delivered by courier. 8.2. The conditions for returning the equipment purchased from TELUS are as follows: 8.2.1. Call 0-000-000-0000 within five (5) business days of the delivery date to inform TELUS that the equipment will be returned and obtain TELUS’s authorization and the self-addressed pre-paid pouch required for the return; 8.2.2. The returned equipment must still look “new”; 8.2.3. The equipment must be returned in its original packaging with all its components and accessories; 8.2.4. The equipment must be returned within fourteen (14) business days of receiving the self-addressed pre-paid pouch for the return; 8.2.5. However, the Customer shall pay any initial delivery charges. 8.3. The only equipment warranties offered by TELUS are those offered by the manufacturer and delivered with the equipment. Usually: 8.3.1. The warranty period is calculated from the equipment purchase date; 8.3.2. The warranty period is twelve (12) months. 8.4. Not under warranty: 8.4.1. Damage caused by batteries or power surges, and defects caused by contact with water, sand or dust; 8.4.2. Theft or loss of the equipment or its components; 8.4.3. Discoloration or any other aesthetic damage that does not affect the operation of the equipment or its components; 8.4.4. Damage caused by improper installation, misuse, abuse or accident; 8.4.5. Deliberate damage or vandalism; 8.4.6. Damage resulting from repairs or attempted repairs by someone other than the manufacturer or authorized TELUS personnel; 8.4.7. Problems associated with a third-party Internet connection. Replacement charges apply if the replacement stems from one of the aforementioned items not covered. 8.5. If a defect is discovered during the warranty period, TELUS will replace the equipment with an identical or equivalent new or reconditioned model at no charge to the Customer. In such a case, the Customer shall return the defective equipment and its components, following the instructions received during the call to the repair centre or any other instructions posted on the TELUS website. 8.6. When the Customer chooses to pay the sale price in equal monthly instalments, the following constitute causes for forfeiture of the right to pay in this manner: 8.6.1. The Customer does not respect its obligation under this Agreement, notably the obligation to pay the agreed instalments; 8.6.2. The Customer becomes insolvent or declares bankruptcy or makes an arrangement with creditors with a view to liquidating its assets; 8.6.3. The Customer dies; 8.6.4. The Customer moves and changes its service coverage area and TELUS does not offer any service at the Customer’s new premises; 8.6.5. The equipment is heavily damaged, destroyed or stolen; 8.6.6. The Customer sells the equipment to a third party. 8.7. If one of the preceding causes for forfeiture of the right to pay by instalment occurs, TELUS may require the Customer to immediately pay the balance of the equipment sale price. 8.8. Before availing itself of this clause, TELUS shall send the Customer a written notice and statement of account. Within thirty (30) days of receiving the notice and statement of account, the Customer may: 8.8.1. remedy the default situation; or 8.8.2. submit a motion to the court to have the Agreement payment terms and conditions amended; or 8.8.3. seek permission from the court to return the equipment contemplated by the Agreement. 8.9. If the equipment is returned to TELUS with the permission of the court, the Customer’s obligation under this Agreement shall come to an end and TELUS shall then be under no obligation to reimburse the Customer for payments received to date.thirty

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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Sale of Equipment. 8.1. The equipment will be delivered by courier. 8.2. The conditions for returning the equipment purchased from TELUS are as follows: 8.2.1. Call 0-000-000-0000 within five (5) business days of the delivery date to inform TELUS that the equipment will be returned and obtain TELUS’s authorization and the self-addressed pre-paid pouch required for the return; 8.2.2. The returned equipment must still look “new”; 8.2.3. The equipment must be returned in its original packaging with all its components and accessories; 8.2.4. The equipment must be returned within fourteen (14) business days of receiving the self-addressed pre-paid pouch for the return; 8.2.5. However, the Customer shall pay any initial delivery charges. 8.3. The only equipment warranties offered by TELUS are those offered by the manufacturer and delivered with the equipment. Usually: 8.3.1. The warranty period is calculated from the equipment purchase date; 8.3.2. The warranty period is twelve (12) months. 8.4. Not under warranty: 8.4.1. Damage caused by batteries or power surges, and defects caused by contact with water, sand or dust; 8.4.2. Theft or loss of the equipment or its components; 8.4.3. Discoloration or any other aesthetic damage that does not affect the operation of the equipment or its components; 8.4.4. Damage caused by improper installation, misuse, abuse or accident; 8.4.5. Deliberate damage or vandalism; 8.4.6. Damage resulting from repairs or attempted repairs by someone other than the manufacturer or authorized TELUS personnel; 8.4.7. Problems associated with a third-party Internet connection. Replacement charges apply if the replacement stems from one of the aforementioned items not covered. 8.5. If a defect is discovered during the warranty period, TELUS will replace the equipment with an identical or equivalent new or reconditioned model at no charge to the Customer. In such a case, the Customer shall return the defective equipment and its components, following the instructions received during the call to the repair centre or any other instructions posted on the TELUS website. 8.6. When the Customer chooses to pay the sale price in equal monthly instalments, the following constitute causes for forfeiture of the right to pay in this manner: 8.6.1. The Customer does not respect its obligation under this Agreement, notably the obligation to pay the agreed instalments; 8.6.2. The Customer becomes insolvent or declares bankruptcy or makes an arrangement with creditors with a view to liquidating its assets; 8.6.3. The Customer dies; 8.6.4. The Customer moves and changes its service coverage area and TELUS does not offer any service at the Customer’s new premises; 8.6.5. The equipment is heavily damaged, destroyed or stolen; 8.6.6. The Customer sells the equipment to a third party. 8.7. If one of the preceding causes for forfeiture of the right to pay by instalment occurs, TELUS may require the Customer to immediately pay the balance of the equipment sale price. 8.8. Before availing itself of this clause, TELUS shall send the Customer a written notice and statement of account. Within thirty (30) days of receiving the notice and statement of account, the Customer may: 8.8.1. remedy the default situation; or 8.8.2. submit a motion to the court to have the Agreement payment terms and conditions amended; or 8.8.3. seek permission from the court to return the equipment contemplated by the Agreement. 8.9. If the equipment is returned to TELUS with the permission of the court, the Customer’s obligation under this Agreement shall come to an end and TELUS shall then be under no obligation to reimburse the Customer for payments received to date.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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