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Lessee
acknowledges receipt of Product and other equipment in good
working order, and agrees to keep this equipment in good
operating condition. It
is the responsibility
of Lessee to inform Lessor of any damage or malfunction upon
receipt of Product. Lessee
agrees to return said product (FOB) rental agency, by date
due,
in the same condition as received by the Lessee, less normal
wear and tear.
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The
Lessee hereby agrees, that no responsibility will be attached to
the Lessor, while this Product is in his (its) possession and
further agrees to hold the Lessor
free from all liability in the operation indirectly or directly
of this Product while in his/her possession.
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It
is agreed that the Lessor makes no warranty or guarantee
whatsoever as to the Product or its performance.
Although Lessor can attempt to find out if there is suitable
coverage and/or services for rental Product, in no way, shape or
form can or will the Lessor be held liable for non-performance.
It remains the Lessee’s responsibility to determine and
establish coverage and/or service issues.
A refund will only be issued when and if upon
return that Product can be demonstrated to be performing
unsatisfactory.
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The
Lessee hereby releases the Lessor from any & all claims,
demands & liabilities relating to any loss or damage arising
out of or in connection with or resulting from
defects of any kind in the design,
manufacture or operation of Product and shall defend,
indemnify and hold the Lessor harmless against any & all
claims, demands, actions, suits or proceedings arising out of,
connected with or resulting from any such defect(s) in the
design or manufacture or operation of Product.
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This
agreement is contingent upon strikes, accidents, or delays due
to any causes whatsoever.
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The
Lessee shall not transfer, assign or pledge part or all of the
benefits of this rental or sublet, lend or abandon Product
without the prior written consent of Lessee.
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In
the event that any payment of rental or additional rental is not
made on which it is due and payable, or if a cheque or credit
card is dishonored for lack of funds or otherwise,
or if the Lessee fails to observe or perform any other
provisions of the Rental required to be observed, kept, or
performed by the Lessee, or breaches any other provisions of
this Rental, the Lessor shall have the right to take possession
of Product, without demand or notice, wherever
the Product may be located, without any court order or
process of law.
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Time
is of the essence of this Rental, and each and all of its
provisions. Rental
period starts when Product leaves Lessor's rental agency and
ends when returned to
Lessor's agency. Once
a reservation has been placed and/or formal Rental Agreement has
been signed, a cancellation fee of $10-100 per Product
will apply.
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The
Product is, and will remain the sole and exclusive property of
the Lessor and the Lessee shall have no right, title, or
interest except as expressly set forth under these
terms & conditions. The
Lessee shall protect the Protect against distress, execution, or
seizure and if any execution or distress is levied on the
property of the Lessee where the Product is kept, Lessee shall
give written notice to the Lessor under such circumstances and
the Lessor may forthwith without notice repossess Product at any
premises where it is believed to be.
Any monies due at that time by the Lessee shall
immediately become due and payable.
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Lessee
acknowledges that although charges might be billed
simultaneously with the rental agency, they are separate.
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The
Lessee understands that the minute usage charge is based on a
“Cumulative” or “Lifetimer” on phone.
Each time the [Send] or [Ok] button is pressed for
incoming
and outgoing calls,
a minute will be added to the timer, regardless of whether the
Lessee connects with the network or a busy signal results.
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Lessee
shall pay lessor on demand the sum of a daily charge as
indicated on Rental Contract and a minute usage charge which is
based on a cumulative timer on the phone operator assisted
calls, voice mail, roamer and long distance charges.
Airtime usage in seconds will be rounded to the nearest
minute for calculation purposes.
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If
Product requires delivery
or pick-up, there may be a $10-100 charge each way.
If product requires cleaning
upon return, Lessee may be subject to a cleaning charge
and if cleaning becomes impossible, there will be a replacement
charge.
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Should
Lessee travel outside the home service area (Ontario &
Quebec), roamer usage charges, roamer tax and foreign tax will
be charged. Roamer
usage charges (will
be calculated according to our regular minute markup for the
home area). A
markup of 25-40 percent will be applied to these charges which
will be billed to the Lessee's credit card.
Any collect calls accepted, regardless of whether by
Lessee or any other person during the rental period and any
outgoing and incoming long
distance calls, will be billed to the Lessee's credit card at a
markup of 25-40 percent.
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Lessee
will pay on demand all charges herein, and agrees to be billed
for any charges incurred by the Lessee not included in this
agreement. Lessee
gives Hello Anywhere
the right to submit an unsigned credit card vouchers indicating
that the renter's signature is on file, or to amend, alter,
complete or execute on behalf of Lessee a credit card voucher in
Lessee's name for payment of any outstanding charges.
Hello Anywhere reserves the right to bill Lessee within
365 days.
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In
co-signing this agreement if the Lessee is a firm, corporation
or association the word Lessee shall mean and include both the
said firm, corporation or association, and
the agent so signing this agreement and everything herein
contained shall extend to ensure to the benefit of and being
binding upon the parties hereto, their heirs, executors,
administrators, successors and assignors.
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Any
monies not paid by Lessee when due shall bear interest at a rate
of 24% per annum calculated and compounded monthly from the due
date thereof to the date
of payment.
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If
unit is lost or damaged, there will be a maximum liability of
$100-2,500/Unit depending on type of Product.
Should single pieces of equipment be lost or damaged,
the Lessee will be required to pay full replacement value of
those items.
Replacement values are as follows: cellular phone,
radio and/or other equipment (as indicated on Rental Contract),
each battery ($100-200), a cigarette lighter adapter ($50-150),
a carrying case ($100), a charger ($100-150), an antenna
($40-100) & a phone case and/or belt clip ($50-100).
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Deductible
is Void when,
the phone receives any form of water or fluid damage which is
unrepairable by the supplier.
Full replacement value will be expected based
on the type of phone.
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Lessee
understands that the itemized billing charge of $5/Unit will
only provide a complete breakdown for all North American &
overseas long distance calls or
roaming
usage charges. Local airtime usage will only be determined by reading
“Cumulative” or “Lifetimer” of phone.
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Lessor
reserves the right to change the deductible and the daily
insurance charges according and depending on the usage
situation.
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Lessee
agrees to report to the Lessor full particulars of any accident,
loss or damage to Product by verbally contacting Lessor
immediately as well as a full and completed
police report. Lessee
will pay the cost of obtaining an occurrence report from the
police and for a reconnection charge of $25 of said Product.
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General
safety information:
Do not hold the phone/radio such that the antenna is in contact
with exposed parts of the body, while the unit is turned on.
Do not operate in an airplane, do not allow children to play
with the phone and do not operate this equipment near electrical
blasting caps or in an explosive atmosphere.
Should the product require cleaning contact the Lessor or
Hello Anywhere Inc. (416) 367-4355 or at 1 (888) • SAY HELLO (729-4355).
