Terms and Conditions
1. Warranty Clearlines Telephone Company Inc. (“Clearlines”) warrants that, for a period of 3 years (one year warranty on all wireless devices and headsets) following the date of delivery of the goods, equipment, apparatus, parts, or other items supplied, as listed on reverse (the “Goods”) will be free from factory defects in material and workmanship. Except as expressly provided herein, no other warranty, representation or condition of any nature whatsoever, either express or implied, is given or made by Clearlines respecting the Goods or services provided. Warranty is null and void if equipment the Goods are altered and/or modified by non-authorized Clearlines personnel.
2. Accounts Due This account is due and payable upon receipt of invoice, unless credit has been established. When credit has been established, the account is due and payable not later the than thirty (30) days following the invoice date the date of delivery of the Goods or the installation of same or the provision of any other service hereunder. Interest shall accrue on overdue accounts at the rate of two percent (2%) per month (twenty four (24%) per annum). If the Customer fails to make payments when due, the Balance Due will immediately come due and payable. Clearlines may refuse to perform any further obligation under this Agreement, and Warranty will immediately terminate, and Clearlines may take possession of the Equipment Goods and remove themit from the Premise Customer Address without legal process. All the recourses are cumulative at Clearlines’ option.
3. Security in the Goods Clearlines shall retain title to the Goods to secure payment of this account until payment is received in full. and Clearlines shall have the right to repossess same the Goods upon default of payment there under and shall have available to it all the rights, powers, and remedies available to Clearlines under the Personal Property Security Act of British Columbia, and without limitation, Clearlines shall retain the right to sue for any deficiency in the event the goods are repossessed and sold, but the proceeds of sale are insufficient:. and Customer waives any and all claims for damages, losses, expenses, or costs occasioned by such removal and repossession or other exercise of rights and remedies. Notwithstanding the foregoing, the risk of loss, or damage, to the Goods will pass to the Customer upon delivery of the Goods to the Premises.
Additional Terms and Conditions
4. Liability for Losses In no event will Clearlines be liable for or the Customer have a remedy for the recovery of or for:
(a) any losses, damages, expenses, or other costs resulting from delay in installation or repair of the Goods or from interruption of telephone service or of any other service for any reason: or
(b) any special, indirect, incidental, or consequential damages even if Clearlines has been advised of the possibility of them including, but not limited to, lost profits, lost revenues, failure to realize expected savings, or other commercial or economic losses of any kind.
This provision applies whether or not such losses, damages, expenses, or other costs arise out of or are connected with the provision of or failure to provide the Goods, installation of Goods, or service in any respect, or by reason of the negligence, imprudence or want of skill of Clearlines or its agents, employees, officers, or representatives. Customer is responsible and shall indemnify Clearlines for, and save Clearlines harmless from and against, all charges, losses, costs, liabilities and damages of any kind whatsoever related to the use of the Goods by the Customer or any person other than Clearlines, including the manner in which the Goods and services are used. Customer confirms that without the foregoing provisions, Clearlines would not have entered in this Agreement.
5. Liability for Damage Customer agrees to and accepts all damage to the Premises which may have caused by the installation, inspection, maintenance, repair, or removal of the Goods herein referred to and agrees to indemnify and save harmless Clearlines, its employees, agents, officers, or representatives in respect thereof. Customer agrees that Clearlines’ liability for any such damage shall be limited to and shall in no event exceed the cost of repair or replacement of the Goods, or, at the option of Clearlines, the purchase price of the Goods. Clearlines agrees to use reasonable care in installing, inspecting, maintaining, repairing, or removing the Goods hereunder. Customer confirms that without the foregoing provisions, Clearlines would not have entered into this agreement.
a. Severability In the event that any of the provision(s) of this Agreement shall be deemed invalid or illegal or unenforceable by any court of competent jurisdiction, then the remainder of the terms and provisions hereof shall subsist and remain enforceable.
b. Assignment The Customer shall not as in all or any of this Agreement or all or any of its rights or obligations under this Agreement without the prior written consent of Clearlines. Clearlines may assign or subcontract all of any part of this Agreement or all of any of its rights or obligations under this Agreement without notice to or consent of the Customer.
c. Force Majeure Clearlines is not responsible for performance of, or in default of, any obligation of provision of this Agreement where delayed, hindered or prevented by labour disruptions, failure of the networks of other companies, catastrophes or events beyond Clearlines’ reasonable control.
d. Law This Agreement is to be governed by the laws of British Columbia.
e. Entire Agreement It is agreed that this Agreement constitutes the entire Agreement between Clearlines and Customer. In executing this Agreement and any related documents, Customer is not relying on any advice or advertisements of Clearlines.