Common use of Terminal Maintenance Program Clause in Contracts

Terminal Maintenance Program. A. (a) During the term of this Merchant Agreement, and provided Merchant is not delinquent in respect of any obligation hereunder, NUVEI shall repair or replace, at its option, all defective terminals sold or leased to Merchant (“TMP”). Replacement terminals may be manufactured from new or refurbished parts; all such replacements will be functional equivalents of the replaced terminal. Merchant is responsible for ensuring that terminal is properly packaged and bears the full risk of loss or damage for any terminal that is returned improperly packaged. Replacements are limited to no more than three terminals during any consecutive twelve-month period. (b) To receive TMP services, Merchant must (i) return the defective terminal to NUVEI no later than three days from discovering the defect; (ii) provide its identification number and terminal serial number; (iii) describe the symptoms and causes of terminal problems to NUVEI; and (iv) follow NUVEI’s instructions. Replaced terminals become NUVEI’s property. Failure to return any replaced terminal within the aforementioned three-day period will result in a charge of $1,200 per terminal. All shipping costs shall be borne by Merchant. (c) TMP does not cover (i) lost or stolen terminals; (ii) damage caused by abuse, neglect, misuse (including, faulty installation, repair or maintenance by anyone other than NUVEI); (iii) unauthorized modifications, use of incompatible devices or accessories, extreme ambient environments, physical stress, fluctuation or surges of electrical power, electrical or magnetic interference, lightning, static electricity, fire, acts of God or other external causes; (iv) equipment with serial numbers that have been altered, defaced or removed; (v) cosmetic damage having no effect on functionality; (vi) damage to or loss of software or data; (vii) consumable parts, such as batteries; or (viii) preventive maintenance. The TMP shall automatically terminate in the event Merchant ceases processing for 30 consecutive days.

Terminal Maintenance Program. A. (a) During the term of this Merchant Agreement, and provided Merchant is not delinquent in respect of any obligation hereunder, NUVEI PPD shall repair or replace, at its option, all defective terminals sold or leased to Merchant (“TMP”). Replacement terminals may be manufactured from new or refurbished parts; all such replacements will be functional equivalents of the replaced terminal. Merchant is responsible for ensuring that terminal is properly packaged and bears the full risk of loss or damage for any terminal that is returned improperly packaged. Replacements are limited to no more than three terminals during any consecutive twelve-month period. (b) To receive TMP services, Merchant must (i) return the defective terminal to NUVEI PPD no later than three days from discovering the defect; (ii) provide its identification number and terminal serial number; (iii) describe the symptoms and causes of terminal problems to NUVEIPPD; and (iv) follow NUVEIPPD’s instructions. Replaced terminals become NUVEIPPD’s property. Failure to return any replaced terminal within the aforementioned three-day period will result in a charge of $1,200 per terminal. All shipping costs shall be borne by Merchant. (c) TMP does not cover (i) lost or stolen terminals; (ii) damage caused by abuse, neglect, misuse (including, faulty installation, repair or maintenance by anyone other than NUVEIPPD); (iii) unauthorized modifications, use of incompatible devices or accessories, extreme ambient environments, physical stress, fluctuation or surges of electrical power, electrical or magnetic interference, lightning, static electricity, fire, acts of God or other external causes; (iv) equipment with serial numbers that have been altered, defaced or removed; (v) cosmetic damage having no effect on functionality; (vi) damage to or loss of software or data; (vii) consumable parts, such as batteries; or (viii) preventive maintenance. The TMP shall automatically terminate in the event Merchant ceases processing for 30 consecutive days.;