Installation and Sale Terms and Conditions
- DELIVERY AND INSTALLATION
- Meteor Telecommunications shall complete all negotiations for the purchase for the Equipment, pre-test the Equipment and deliver and install the Equipment FOB the Customer’s premises at (the “Premises”). Meteor Telecommunications shall use all reasonable efforts to complete the installation by the cutover date. The term “Cutover” shall mean the date on which the Equipment is installed and functioning so as to be providing the service for which the Equipment is intended.
- Shall provide proper installation and operating conditions, including adequate equipment room, electrical power feed and any special equipment such as conduit and fire retardant cable or other equipment or labor necessitated by the Customer’s special needs and not set out in Schedule “A”.
- Customer shall authorize Meteor Telecommunications to act on its behalf in co-ordination the installation with the common carrier or utility: Meteor Telecommunications agrees to co-operate and co-ordinate with common carrier or utility, as required.
- EDUCATION AND TRAINING
Meteor Telecommunications agrees to provide to Customer, at no additional charge to Customer, all necessary instruction for Customer’s personnel in the operation of the Equipment.
- TITLE RETENTION
Customer and/or Lessor shall acquire title to the Equipment including all additions thereto once Customer has satisfied all obligations to Meteor Telecommunications arising under this agreement, including payment in full for the Equipment. For clarity, the customer does not own equipment until paid in full.
- RISK OF LOSS
Meteor Telecommunications shall bear the risk of loss, or damage to the Equipment while it is in transit to the Customer’s premises. After delivery, all risk of loss and/or damage to the Equipment shall be borne by Customer and/or Lessor. Customer agrees to insure the equipment, at its own expense until Meteor Telecommunications has received payment in full.
Meteor Telecommunications shall be responsible for all acts of its employees and agents in connection with this installation and covenants and agrees to maintain appropriate liability insurance during the period covered by this Agreement.
- SECURITY INTEREST
Customer grants to Meteor Telecommunications a security interest in the Equipment and any proceeds thereof to secure payment of purchase price and satisfaction of all obligations of Customer to Meteor Telecommunications under the terms of the Agreement.
Until the purchase price has been received in full, Customer shall not: create or assume any security interest, lien or encumbrance upon the Equipment ranking in priority with the security interest granted to Meteor Telecommunications, sell, lease or dispose of Equipment.
Meteor Telecommunications warrants the Equipment against defective parts and workmanship for a period of one (1) year after the cutover date. Upon notification of defect. Meteor Telecommunications shall have the opinion to repair or replace the defective part of the Equipment, free of charge. Meteor Telecommunications warrants that it transfers and assigns to Customer all warranties of manufactures and suppliers of the Equipment; however, this assignment does not relieve Meteor Telecommunications of any of its obligations hereunder. In addition, for a period of one (1) year after the cutover date, Meteor Telecommunications shall perform, free of charge, all necessary maintenance to keep the Equipment in good working condition and repair, including the furnishing of all necessary labour and materials. Meteor Telecommunications covenants and agrees to respond to any service call within the same time limitations as set forth in the Maintenance Agreement executed between the parties contemporaneously with the execution of this Agreement. This warranty shall not apply to equipment damaged or rendered unserviceable by negligence of non-Meteor Telecommunications personnel, misuse, theft, vandalism, fire, water, or other peril, or moving, repair, relocation or alteration of the equipment not authorized by Meteor Telecommunications.
Corrective software patches shall be provided and installed free of charge if covered under a contract, while any optional or non-required patches shall be charged at current labour rates.
- UNCONTROLLABLE CIRCUMSTANCES
In the performance by Meteor Telecommunications of any part of this Agreement is prevented, hindered, delayed or otherwise made impractical by reason of any flood, riot, fire, strike, explosion, war or any other cause beyond the control of Meteor Telecommunications. Meteor Telecommunications shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes. Upon the occurrence of any such events, Meteor Telecommunications shall use its reasonable efforts to notify Customer of the nature and extent of any such conditions.
Meteor Telecommunications will indemnify and hold harmless Customer from any loss, claim or damage to persons or property arising out of this Agreement or Customer’s possession or use of the system and the provision of Maintenance Services, which indemnity will survive the termination of the Agreement, where such loss, claim or damage was caused by the fault or negligence of Meteor Telecommunications or by the fault or negligence of any of its employees, representatives or agents while on Customer premises. Meteor Telecommunications covenants and agrees to maintain appropriate liability insurance during the period covered by this agreement.
- NETWORK ASSESSMENT
If you choose NOT to engage Meteor Telecommunications to complete a network assessment (per SOW), then your signature on Page 1 is a confirmation that you will be responsible to set up your own network to meet the recommended manufacturer specifications to support a VoIP system, or Hosted Solution, on your network.
- THIRD PARTY SERVICES/SOLUTIONS
Meteor Telecommunications holds no responsibility or guarantees for the use or provision of third party solutions such as but not limited to Hosted or Carrier services where Meteor Telecommunications is serving as a sales Agent only of such third party companies and services.
- GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Province of Ontario. Meteor Telecommunications and Customer each represent that they have the power and authority to enter into this agreement and that this Agreement constitutes a valid and binding obligation of each party.