The below product terms apply to Your use of Equipment. By completing the purchase process, You agree to the below terms.
- Any capitalized terms not specifically defined here have the same meaning as in the Master Subscription Agreement between You and Us ("Agreement").
- Use of Equipment. You acknowledge that all Equipment provided by Us to You has been provided solely for the purposes of using the Services and accordingly, You will not, and will ensure that Your Users do not: (a) use the Equipment for any purpose other than to use the Services, (b) exceed any authorized useable capacity of the Equipment or usage restrictions as may be indicated in the User Documentation, (c) cause or permit any alteration of any of the Equipment except by Us, the original equipment manufacturer or warranty service provider pursuant to the terms of any warranty or with Our prior consent.
- Title to, and Risk of Loss of, Equipment. Title to the portion of the Equipment purchased by You will pass to You at the point of shipment; and title to any portion of the Equipment which is not purchased by You will remain with Us. We will pass through to You warranties offered by the manufacturers or vendors of such Equipment except to the extent otherwise agreed by You. You will assume all risk of loss or damage to any Equipment while in the Equipment is in Your or Your User’s possession or control. Loss, theft or damage to the Equipment after the passage of title to You will not relieve You of Your obligations to pay the charges due, or perform any of Your other obligations under, the Agreement.
- Return and Replacement. If, during the term of the Agreement, any Equipment or part thereof provided by us fails to operate properly, You agree to ship it suitably packaged (prepaid unless We specify otherwise) to a location that We designate. After We have repaired, exchanged or replaced the Equipment, We will return it to You. Repairs, exchanges and replacement of Equipment will be governed by, and charged for by Us in accordance with, the warranty terms of the concerned Equipment and, if the Equipment is not covered by warranty, will be charged entirely to You. You agree that where applicable, before You deliver Equipment to Us pursuant to this provision, You will: (a) follow the problem determination, problem analysis and service request procedures We provide, (b) secure all programs, data and other material contained in the Equipment, and (c) inform Us of changes in the Equipment’s location. You represent that all removed items are genuine and unaltered. The replacement We provide may not be new, but it will be in good working order and at least functionally equivalent to the item replaced. The replacement assumes the warranty status of the replaced item. You also agree to ensure that the item is free from any legal obligations or restrictions that prevent its exchange.
- Additional Warranties. In addition to the warranties provided in the Agreement, We warrant that during the term of the Agreement, (a) where Equipment is purchased from Us, good title to the Equipment will be transferred to You free and clear of all liens, claims, encumbrances, hypothecs and security interests, except as such may be permitted to be registered pursuant to Section 1.2 of these terms, and (b) Equipment supplied or maintained by Us will be in good working order during the period maintained by Us (provided that this warranty will not extend to Equipment that has been subjected to misuse, neglect or accident, which has been altered or repaired by persons other than Us or which has experienced problems described in the Agreement causing the warranty to be inapplicable).