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Rental Terms and Conditions |
| Globalstar USA Rental Terms and Conditions |
GLOBALSTAR USA, LLC RENTAL TERMS AND CONDITIONS
These are the Globalstar USA, LLC ("GUSA") Rental Terms and Conditions for rent received for mobile satellite equipment (hereafter designated as "Equipment") from GUSA that is used on the Globalstar satellite system and/or the rental of Equipment from GUSA that is used on other third party satellite systems. These terms are part of the GUSA Phone Rental Agreement ("Agreement") and are in conjunction with the Equipment Rental Form, or if ordered over a Globalstar USA web site, are in conjunction with the "Globalstar Rental Form: Details".
SECTION 1 - AGREEMENT TO RENT AND TERM OF RENTAL
GUSA agrees to rent to Customer, and Customer agrees to rent from GUSA, Equipment described on the GUSA Equipment Rental Form, for the term of rental identified in the Equipment Rental Form. The term of this Agreement begins on the first day of rental and will continue until the Equipment is returned to GUSA.
SECTION 2 - RENTAL OF OTHER SATELLITE SYSTEM PROVIDER'S EQUIPMENT
If Customer is renting Equipment the rented Equipment must be associated with an active service plan through GUSA.
SECTION 3 - PAYMENTS AND CHARGES
3.1 Rental Charges - The Customer will return the Equipment in good working order at the end of the rental period identified on the Equipment Rental Form or will pay an equivalent rental rate based on the applicable rental rates for any time after the return date. Until GUSA receives the Equipment the Customer shall remain bound by these terms.
3.2 Security Deposit/Reserve - GUSA may require a security deposit against Customer's credit card on or before the first day of rental. This deposit will be maintained by GUSA and will be applied against any default of customer in payment of rent or for damage or loss of Equipment or other payment due GUSA which is chargeable to the Customer. Upon termination of this Agreement, return of the Equipment, and other charges are paid in full, the deposit will be released from the credit card.
3.3 Test and/or Repair Charge - If returned Equipment appears broken due to Customer misuse, a test and repair charge of up to $50.00 may be charged for inspection, testing and minor repairs required to return the Equipment to service. This charge will be payable immediately. If the Equipment cannot be repaired, the customer will be notified and held responsible for the specified replacement cost of the Equipment.
3.4 Shipping Costs - In addition to the applicable Equipment rental charge and the payment of airtime, the Customer agrees to pay for shipping. Any and all shipping costs to transport Equipment between the Customer and GUSA or its designated storage location(s) are the responsibility of the Customer. This includes the time that the Equipment is covered under the Warranty period.
3.5 Taxes - Customer will pay Equipment rental taxes as per their jurisdiction.
3.6 Early Deactivation Charge - If deactivation occurs before the term is complete, Customer is obligated to return the equipment at Customer expense and will be liable for an early termination fee equal to the number of months remaining multiplied by the monthly rental fee or $500, whichever is less.
SECTION 4 - EQUIPMENT USE AND INSPECTION
Customer shall be responsible for obtaining any license, permit or permission from any governmental or regulatory agency which may be necessary for or imposed upon the operation of the Equipment. The Customer will exercise due care with and will permit only qualified personnel to use and operate the Equipment. Such use and operation shall be only according to written instructions, such as in a user manual, provided by GUSA. Customer will not use or operate the Equipment in any illegal manner, for any illegal purpose nor in violation of any law, ordinance or regulation. The Customer will permit GUSA or its agent to inspect the Equipment during the term of this Agreement upon reasonable notification.
SECTION 5 - RENTAL EQUIPMENT WARRANTY
GUSA warrants that each item of Equipment will be suitable for normal operation and use at the time of delivery. In addition, GUSA warrants the Equipment for the life of the rental period under normal operation and use. Customer agrees that in the event of breach of such warranty, Customer's sole remedy and GUSA's sole obligation shall be at GUSA's option to either repair or replace with equivalent new or with refurbished Equipment which may include new and/or reconditioned parts or boards of similar quality or functionality. All replaced Equipment or parts will remain the property of GUSA. This warranty does not cover the following: (1) Equipment that has been improperly maintained, modified, or repaired; (2) Equipment which has been subject to misuse (including Equipment used in conjunction with incompatible electrical or mechanical hardware or used with accessories not supplied or approved by GUSA), abuse, accident, physical damage, abnormal operation or operation contrary to furnished instructions or warnings, improper handling, neglect, exposure to fire, water, excessive moisture, dampness, or extreme changes in climate or temperature; (3) Equipment operated outside published maximum ratings; (4) cosmetic damage; (5) damage to antennas unless cause is identified directly to defects in materials or workmanship; (6) Equipment on which serial numbers have been removed, altered or rendered illegible; (7) signal reception problems (unless caused by defects in material or workmanship); (8) damage as the result of fire, flood, or other acts of God, or acts which are not the fault of GUSA and which the Equipment is not specified to tolerate, including but not limited to damage caused by mishandling, shipping or blown fuses; (9) or any Equipment which has been opened, repaired, modified or altered by anyone other than GUSA or a GUSA authorized service center. USE OF ACCESSORIES NOT SUPPLIED BY GUSA OR OTHERWISE NOT EXPRESSLY AUTHORIZED BY GUSA MAY BE DANGEROUS AND MAY VOID THE EQUIPMENT WARRANTY. GUSA MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, AS TO ANY MATTER WHATSOEVER. GUSA DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
SECTION 6 - OWNERSHIP AND SECURITY INTEREST
6.1 Ownership - Customer acknowledges that GUSA is and shall remain the owner of the Equipment unless title is conveyed to the Customer by an attached separate sale agreement. There is no buyout of third party satellite system Equipment. Customer will protect GUSA ownership rights against claims, liens and other encumbrances by Customer's creditors or other claimants against Customer. Customer will not remove, obliterate or obscure markings that identify GUSA as owner of the Equipment.
6.2 Security Interest - Upon request by GUSA, Customer will execute and deliver to GUSA documents and forms which are necessary or desirable to protect GUSA' ownership and interest in the Equipment.
SECTION 7 - RISK OF LOSS
Customer will bear responsibility for all malfunctions, failures, damage to or loss of Equipment, except in the case of manufacturing defects and normal wear and tear covered under Section 8. In the event of any such damage or loss, Customer will promptly give GUSA notice thereof. Customer will then select one of the following options:
(I) Provide payment to GUSA in an amount equal to the Suggested Retail Price for the damaged or lost Equipment. In such case, the rental charges and any other payment obligations of the Customer shall continue until the payment is made. After payment is made this Agreement will terminate as to the Equipment involved; or
(II) Request that GUSA repair or replace the damaged or lost Equipment, and provide payment GUSA for the cost of such repair or replacement. In such case, the rental charges and other obligations of the Customer shall continue during the period of repair or until replacement. If GUSA is unable to repair or replace the Equipment then option (I) shall apply.
SECTION 8 - MAINTENANCE
8.1 Normal Maintenance - GUSA or its authorized agent will be the exclusive source to maintain the Equipment and will maintain the Equipment in operational condition. Customer will deliver the Equipment to GUSA or its agent for maintenance. Customer will pay all costs for shipment to GUSA or its agent and shall be liable for any loss or damage during transportation. GUSA or its agent will return the Equipment to the Customer and shall be liable for any loss or damage during transportation. Such maintenance will be provided without charge to Customer for malfunctions and failures due to manufacturing defects and normal wear and tear. Responsibility for maintenance required for other malfunctions and failure or damage caused by improper power source, abuse, accident, improper operation, abnormal conditions of operation, or other Customer misuse is covered under Section 7.
Malfunction or failure of operation covered by this section will entitle the Customer to a reduction in rental charges on a pro-rated basis for the period commencing on the day the malfunction or failure is reported to GUSA in sufficient detail to enable GUSA or its agent to commence necessary repairs, and ending on serviceable condition. In no event will GUSA be liable for any loss of business or profits, indirect, consequential or other damages resulting from any failure of the Equipment. The customer will not open the Equipment's housing, alter or repair or permit the alteration or repair of the Equipment, or make any attachments thereto, without the prior written approval of GUSA.
SECTION 9 - LIMITATION OF LIABILITY AND INDEMNITY
9.1 Limitation of Liability - In no event will GUSA be liable to the Customer for any incidental, indirect or consequential damages, regardless of cause.
9.2 Indemnity -The Customer agrees to protect, indemnify and hold harmless GUSA from and against all claims, damages and costs including legal expenses arising out of the Customer's use of this Equipment.
SECTION 10 - DEFAULT
If Customer fails to perform any obligation specified under this Agreement or otherwise defaults, GUSA has the right to terminate this Agreement forthwith by notice to the Customer. Upon such termination, (i) the balance of the gross rental amount will be due and payable immediately, and (ii) GUSA has the right, at its discretion, to take possession of and remove the Equipment from service immediately. Any other damages or amount chargeable to the Customer shall be immediately due upon such termination. In addition to failure to perform any obligations as elsewhere stated in this Agreement, the following shall be defaults by the Customer:
1. Failure to have in place active GUSA postpaid airtime service when the Equipment is for use on other third party satellite systems. 2. Issuance of writ, attachment, execution, or similar court process against the Customer or its property.
3. Bankruptcy or any application for reorganization, protection from creditors, insolvency, appointment of a receiver or trustee whether voluntary or involuntary.
4. Termination of the Customer's business.
5. Any false or misleading representation prior to or during the term of this Agreement.
6. Any action which jeopardizes GUSA' ownership or agent/partner's ownership rights or ability to take possession of the Equipment.
7. Failure to pay airtime service invoices on time.
SECTION 11 - ASSIGNMENT
This Agreement and the rights and obligations created hereunder shall not be reassigned by the Customer without the prior written consent of GUSA.
SECTION 12 - NOTICES
All notices and other communications required or permitted to be given under this Agreement will be in writing and will be effective when delivered personally, when sent by confirmed fax, U.S Mail, or by certified courier addressed to the parties at their respective addresses set forth below.
If Customer, to:
The address given in Equipment Rental Form block "Applicant Information" and to Customer's listed fax number in that block.
If to Globalstar USA, LLC:
461 So. Milpitas Blvd,
Milpitas, CA 95035
Attention: Contracts Department
For issues not related to the specific terms of this Agreement, such as Warranty issues or questions, call Globalstar Customer Care at 1-877-452-5782.
SECTION 13 - GENERAL
13.1 Early Returns - Under no circumstance will Customer be granted credit for unused time or early return of Equipment as it pertains to the rental period.
13.2 Export Regulations - The Customer will not engage in exporting, diverting or re-exporting Equipment in a way inconsistent with U.S. export laws.
13.3 Excusable Delays - If GUSA' performance of any obligation hereunder is delayed due to reasons beyond GUSA' reasonable control, the time for performance of such obligation will be postponed for a period equal to the number of days of such delay. In no event will GUSA be liable for any damages resulting from any delay in the delivery of Equipment or any delay in the performance of maintenance.
13.4 Entire Agreement - This Agreement supersedes all prior and contemporaneous agreements and representations made with respect to the same subject matter, and is the entire agreement between the parties.
13.5 Severability - In the event that one or more provisions contained in this Agreement should for any reason be held to be unenforceable in any respect under the laws of the State of California or of the United States, unenforceability shall not affect any other provisions of this Agreement and this Agreement shall be construed as if such unenforceable provision had not been contained herein.
13.6 Controlling Law - All questions concerning the validity, operation, interpretation and construction of this Agreement will be governed by and determined in accordance with the laws of the State of California.
13.7 Headings - The headings and titles to the section and paragraphs of this Agreement are inserted for convenience only and will not be deemed a part hereof or affecting the construction or interpretation of any provisions hereof.
13.8 Counterparts - This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy hereof.
13.9 Further Assurances - The parties agree to perform all acts and execute all supplementary instruments or documents which may be necessary or desirable to carry out the provisions of this Agreement.
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