General Terms and Conditions
1. Prices quoted are valid for a period of ninety (90) days. If this price-hold period has lapsed, please contact your field sales representative to see if there have been any changes in prices.
2. Payment terms are Net 30 Days. Late payments will be assessed a late fee of one and one-half percent (1½%) per month on outstanding balances, or the highest amount as permitted by law.
3. State and local sales taxes will be added to the invoice in lieu of the customer’s exemption certificate. To avoid being taxed, please provide a copy of your exemption certificate at the time of order.
4. Shipping costs are prepaid by TeleRent or its subsidiary and added to the invoice. Do not add shipping costs as a line item on your purchase order. Any amount quoted is an estimate only, and actual amounts may be greater or less than the estimate.
5. With the exception of television models, should any of the specified equipment/parts be unavailable for shipment when required, TeleRent reserves the right to substitute the equipment/parts listed in this proposal with equipment/parts of equal value and functionality, without prior approval of the customer.
6. TeleRent makes no representation that the purchase of new televisions, digital satellite systems or other head end components will improve the television picture quality in the customer’s facility. Any problems with the customer’s existing television distribution system (coaxial cable, splitters, taps, connectors and other hardware) are likely to continue to be evident with the install of new televisions and digital satellite systems. Unless specifically included in this proposal, any work to repair deficiencies in the customer’s distribution system are outside of the scope of this proposal, and shall be the financial responsibility of the customer.
7. Unless specifically provided for in this proposal, the customer is responsible for providing all electric service to equipment locations, including all electrical wiring, conduit, back boxes, etc.
8. Unless specifically provided for in this proposal, the customer is responsible for providing antenna distribution wiring from the signal sources to all television locations.
9. The Customer agrees that it has selected the product and it is suitable for its intended purpose. TeleRent makes no warranty, either expressed or implied, including any implied warranty or merchantability or fitness for a particular purpose other than that contemplated in the product specifications. In no event shall TeleRent or its subsidiaries be held liable for any special, consequential or incidental damages.
10. Warranties are limited to those provided by the manufacturers of the products quoted herein.
11. TeleRent shall have the right to execute on behalf of the customer any financing statements it deems necessary to secure its interest in the product, and appoints TeleRent as its attorney-in-fact for this specific purpose.
Terms and Conditions Affecting All Installations
1. The installation cost included in this proposal is based on continuous installation of equipment from start to finish, and includes work in occupied patient or guest areas. Any increase in installation cost, due to the customer not making rooms available on a continuous basis, will be the financial responsibility of the customer and handled by a change order.
2. The customer is responsible for providing TeleRent with an equipment storage area and a suitable staging area for preparation for the installation of the equipment, at the installation site. Unless specifically provided for in this quotation, transportation costs from an off-site location to the installation location are not included.
3. This proposal does not include the disposal of the customer’s existing televisions that are being replaced, and TeleRent makes no representation that this disposal is available at no cost. TeleRent practices “green” principals, and only recommends the lawful disposal of televisions and other electronic equipment.
4. The installation scope of work is specifically stated in the proposal document. Any work outside of what is specifically provided for herein is not included and may be handled by a customer change order.
5. Any required patching, painting or wall paper, resulting from the installation shall be the Customer’s responsibility.
6. Unless specifically provided for in the installation scope of work, this proposal does not include any required tenting as an asbestos, mold or dust abatement technique, and may result in the installation cost being increased significantly.
7. This proposal does not include the removal of asbestos or other hazardous materials.
8. Unless specifically provided for in the proposal, this proposal does not include the removal of any abandoned cable.
9. Unless specifically provided for in this proposal, this proposal does not include any additional engineering, consulting, permits or other third party fees.
10. Invoicing for equipment and installation may be billed in phases, depending on the duration of the project and/or specific deliverables making up the overall project, and the customer agrees to pay against all invoices in accordance with the payment terms contained herein.
Special Notes Regarding California
1. The Customer’s purchase order should include a line for the Electronics Disposal Fee in the amount of $6 (15” TVs and smaller), $8 (16” 35”) and $10 (35” or larger) per television that is being purchased. This fee does not replace any fees/costs that the customer may incur during the disposal of its existing televisions, and only relates to the new televisions being purchased.
2. Unless specifically provided for in this proposal, any required OSHPD permits, engineering costs, surveys, inspections or fees are not included.
Returns
1. Requests for the return of product must be made within thirty (30) days of the product’s delivery date.
2. Return authorizations can be requested by calling 1-800-535-2459.
3. Only new, non-custom product in its original unopened packaging can be returned. Special order/custom product is not returnable.
4. Credit will not be issued until TeleRent receives the product and inspects it to ensure it is in new salable condition.
5. All returned goods are subject to a minimum 15% restocking fee.
6. Shipping charges for the return of items and shipment of replacement items is the responsibility of the customer.
Damage
1. Delivery of product with visible signs of shipping damage should be refused. Be sure the carrier has properly documented the reason for refusal on their bill of lading or electronic system. Call TeleRent’s Customer Service immediately at 1-800-535-2459.
2. Concealed damage – Claims for concealed damage must be made within ten days of receipt of the product. Notify TeleRent Customer Service immediately upon discovery of concealed damage, within the ten day limit for further instruction.
Nurse Call, Security and Surveillance, Vocollect
1. This quotation is valid for a period of sixty (60) days. If this price-hold period has lapsed, please contact your field sales representative to see if there have been any changes in prices.
2. Due to the frequency of model obsolescence and enhancements when dealing with nurse call, security & surveillance and Vocollect, part numbers is this quotation may be subject to revision when the customer purchase order is received.
Service Agreement Terms
1. SERVICE: Telerent Leasing Corporation shall keep and maintain, or cause to be kept and maintained, at its expense, the Equipment in good working order, during the full term hereof except for damage to or repair to the Equipment as might be made necessary by the acts or omissions of, and/or misuse by, the Customer, Customer’s agents, employees and/or invites, vandalism, acts of God, fire, flood, accidents, riots, sabotage, acts of government or agencies thereof, strikes, labor disputes, acts of third parties not within the reasonable control of Telerent Leasing Corporation Leasing Corporation, power failures, explosions or any other unforeseen contingency.
2. SERVICE HOURS: Telerent Leasing Corporation Leasing Corporation shall cause services to be provided under this Agreement at the location specified during Telerent Leasing Corporation Leasing Corporation’s or its representative’s normal working hours, Monday through Friday, inclusive, excluding holidays or as specified in the original quote or order.
3. SERVICE AND COMPONENTS NOT COVERED: Work outside of the scope of this agreement can be quoted to the Customer on a time and materials basis.
4. NON-ASSIGNMENT CONTRACT: Customer cannot assign this Agreement without Telerent Leasing Corporation’s prior written consent.
5. TAXES: Customer shall be responsible for all sales, use and other federal, state or local taxes that may be applicable to this service or property to be provided hereunder, if applicable.
6. LIABILITY: Customer shall notify Telerent Leasing Corporation of any deficiency in service as rendered by Telerent Leasing Corporation Leasing Corporation or its service representative. Customer’s sole remedy for any such deficiency shall be the provision of support services described herein, including repair or replacement of Equipment. In no event shall Telerent Leasing Corporation be liable for any special or consequential damages.
7. Customer further agrees that there shall be no offset for loss of revenue during the time that may be required for Telerent Leasing Corporation Leasing Corporation to deliver the support services, and Customer shall have no right to withhold or apply an offset against any payments due hereunder for any reason whatsoever.
8. Telerent Leasing Corporation Leasing Corporation hereby disclaims any express or implied warranty with respect to the systems and/or support services including, without limitation, implied warranties of fitness for a particular purpose or merchantability.
9. DEFAULT: If Customer fails to make any payments hereunder when due, or if either party fails to perform any of the covenants or conditions on its part to be performed and such breach is not cured within thirty (30) days of such party’s receipt of written notice from the non-breaching party describing the breach, or if a bankruptcy or insolvency proceeding is filed against either party and is not dismissed within sixty (60) days of the filing date, or if either party makes an assignment for the benefit of creditors, the non-breaching party shall have the right to declare the breaching party in default under this Agreement and in addition to all its other rights and remedies available under applicable law (including the recovery of all costs and expenses incurred in enforcing this Agreement), the non-breaching party shall have the right to terminate this Agreement.
10. SEVERABILITY: If any provision or portion thereof contained in this Agreement shall, for any reason, be declared invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision or portion shall not invalidate or render unenforceable the remaining provisions hereof and the provision or portion declared invalid shall not be invalidated in its entirety, but shall be deemed to be altered and amended, whenever possible, to the extent necessary to effect such validity and enforceability. The invalidity or unenforceability of any provision or portion thereof contained in this Agreement in one jurisdiction shall not invalidate or render unenforceable such provision or portion thereof in any other jurisdiction. To the extent permitted by applicable law, the parties hereby waive any provision of law which renders any provision hereof prohibited or unenforceable in any respect.
11. BINDING EFFECT: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, assigns and representatives.
12. WAIVER: The failure of either party to enforce any term of this Agreement on one or more occasions shall not constitute a waiver of such party’s right to enforce such term on any other occasion or of such party’s right to enforce each and every term of this Agreement.
13. RELATIONSHIP OF PARTIES: Nothing herein shall be construed to create a partnership, joint venture or agency relationship between the parties hereto and Customer shall not have the authority to bind Telerent Leasing Corporation in any respect.
14. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Telerent Leasing Corporation Leasing Corporation is a federal contractor covered under Executive Order 11246 and Section 503 and 402 of the Rehabilitation Act, and complies with all EEO laws.
15. OTHER TERMS AND CONDITIONS: The following applies if this Contract is purchased in the State of New York. If no claim has been made under this Contract, the purchaser may return this Contract within twenty (20) days of the date the Contract was mailed to the purchaser or within ten (10) days of delivery if the Contract was delivered to the purchaser at the time of sale. In such a case, this Contract will be void and Telerent Leasing Corporation will refund to the purchaser the full amount of the purchase price of this Contract. This right to void the Contract is not transferable and applies only to the original Contract purchaser. If the purchaser cancels this Contract otherwise, the purchaser will be provided a pro rata refund less reasonable handling costs, any claims that may have been paid, and an administrative fee of up to twenty-five dollars ($25). The purchaser may return this Contract by mailing it to the attention of the Administrator at the address above. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Contract to Telerent Leasing Corporation.
16. PO as Signature: A Purchase Order from the customer for maintenance/service shall act as an authorizing signature and bring forth into effect all terms and conditions herein related to said service agreement.