Mitel has clients who rent and/or purchase equipment from Mitel. For those customers, the following terms apply.
Conditions of Equipment Rental
(a) The monthly rental charges for the rental of any Equipment shall be as provided for under the relevant Order Form(s).
(b) Customer acknowledges and agrees that all Equipment shall at all times be the sole property of Mitel and not of Customer, and Customer shall not remove (or permit anyone else to remove) from any such Equipment any notice indicating that such Equipment is the property of Mitel.
(c) Customer agrees to use the Equipment solely in connection with the Service and otherwise solely in the manner for which the Equipment is intended to be used. If Customer is not fully familiar with the use of any Equipment, prior to use Customer will contact Mitel’s customer service for instructions.
(d) Customer agrees to use the Equipment solely at the address of Customer set forth of the Order Form(s) and not to remove any Equipment from such address; provided that this restriction shall not apply to any remote IP Phone or to any other Equipment furnished to Customer for use in connection with such remote IP Phone.
(e) Upon any expiration or termination of the Agreement, all Equipment shall be returned to Mitel, and Customer shall permit Mitel to enter upon the premises of Customer to remove the Equipment. Promptly after the Equipment has been returned to Mitel and Mitel has determined that all of the Equipment has been returned and that no Equipment has been damaged (beyond normal wear and tear), destroyed or lost, Mitel will return to Customer any Equipment deposit then held by ShoreTel with respect to such Equipment, if any. If any Equipment has been damaged (beyond normal wear and tear), destroyed or lost, Mitel may withhold any such amount as may be equal to the replacement cost of such Equipment (provided that if such deposit is insufficient to pay the full amount of the replacement costs payable with respect to such damage, destruction or loss, such deposit shall not constitute the limit of Customer’s liability for such damage, destruction or loss).
(f) Customer agrees to pay Mitel an amount equal to the Replacement Cost (as defined below) of any Equipment that is destroyed, damaged (beyond normal wear and tear) or lost (whether as a result of theft or otherwise). The term “Replacement Cost” shall mean, with reference to any Equipment, the fair market value of such Equipment, plus any applicable taxes. Payment of such amount by Customer to Mitel is due immediately upon Customer’s receipt of an invoice therefor from Mitel. Payments that are more than thirty (30) days late will accrue interest at a rate of one and one-half percent (1-½%) per month, or the highest rate allowed by applicable law, whichever is lower.
(g) Nothing in the Agreement shall modify, amend or limit in any respect any of Mitel’s rights under any guaranty of any of Customer’s obligations hereunder.
Conditions of Equipment Purchase
(a) Mitel warrants that the Equipment hardware shall be free from defects in materials and workmanship for a period of thirteen (13) months after shipment by Mitel or its authorized distributor. Mitel also warrants that any software in the Equipment will substantially conform to its published specifications for a period of ninety
Version Jan. 2018 (90) days from the date of shipment from Mitel. Except for the foregoing, the Equipment and software are provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of Mitel and its partners under this limited warranty will be, at Mitel or its customer service’s option to repair, replace, or provide a refund for the Equipment.
(b) This warranty does not apply if the Equipment/software that: (i) has been altered, except by Mitel; (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Mitel; (iii) has been subjected to abnormal physical or electrical stress, misuse, negligence, accident or Acts of God; (iv) caused by the use or operation of Equipment in an application or environment other than that intended or recommended by Mitel; or (v) caused through no fault of Mitel during shipment.
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL MITEL OR ITS PARTNERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF MITEL OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall ShoreTel's or its partners’ liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY OR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
(c) In the event of defects, Customer must contact Mitel’s customer service to coordinate a return date. All defective Equipment must be returned within 14 calendar days from the date of the return request. Customer must pay for their own shipping (unless otherwise authorized by ShoreTel) and must reference the pre-approved Mitel authorization number on the box or shipping label. ShoreTel will pay for the return shipment. Equipment mislabeled, damaged in shipment, or lost are the responsibility of the Customer and should be researched and claimed through their carrier. Mitel must receive the defective Equipment first and will replace with new/like new equivalent Equipment at Mitel’s sole discretion.
Version 1.0 Connect