1.) Rental: Subscribers agree to rent the pagers, recharge's,
and rechargeable batteries, As applicable, (hereinafter called the
"rented items") from Handy Page. Handy Page shall continue to be the
sole owner of all rented items. Handy Page will provide original batteries
necessary for the operation of the pager. Subscriber will be responsible
for the replacement of the batteries upon failure.
2.)Rental Period: The rental period shall commence when this
agreement has been received or duly signed on behalf of subscriber,
and the amount indicated as the "amount due now" has been paid. Handy
Page reserves the right to change the price for service by giving notice
of the change at least 30 days before the effective date of the change.
If there is a price increase, subscriber may terminate this agreement by giving
notice of cancellation within thirty days after the date of the notice of the
increase in rates. Unless otherwise indicated on the reverse, the term of this
agreement is twelve months and will automatically renew for the same period of
time and at the same rate as the initial term unless either party gives written
notice to the other at least thirty days prior to the expiration of the then current term.
3.) Terms of Payment: Any rent and any other charges under this agreement will
be billed in advance, except charges based upon subscriber usage, and are due
upon receipt of billing. Subscriber agrees to pay any billable usage charges upon
receipt of billing. Subscriber agrees to pay a $25.00 service charge for any returned
checks. Service interrupted for non payment is subject to a $25.00 reconnect charge.
Overdue amounts are subject to a late payment charge not to exceed to lesser of:
(1)the maximum rate allowed by law, or (2)1.5% per month, compounded
monthly, on all overdue balances, whichever is less. Prepaid charges will not be
refunded for termination of service prior to the end of the subscriber's billing cycle,
or before usage charges are paid.
4.)Loss or Damage: Subscriber is fully responsible for the safe care and return in good
condition of all rented items. Unless subscriber has loss/replacement describe below,
Subscriber shall immediately pay Handy Page for any expenses incurred in repairing any
rented item which is damaged during the rental period, and shall immediately pay to
Handy Page the full replacement value of any rented item which is stolen, destroyed, loss,
or damaged beyond repair. This will include all belt clips, batteries, battery covers, cases,
accessories, and display screens. If a lost item is returned, the Subscriber will reimburse
Handy Page for the reward paid for its return.
5.)Loss / Replacement: If there is a charge on the Lost / Replacement on the reverse
hereof, upon payment of the deductible, Handy Page will replace subscribers pager in
the event that it is lost, stolen, damaged or destroyed (aside from ordinary wear and tear),
with the same model number of pager or similar pager if the same is not available. There will
be no prorating or refund of any portion of the Lost / Replacement fee if this Agreement is
terminated before the end of the Lost / Replacement coverage period. Loss / Replacement
for any replacement item will require the payment of an additional loss / replacement fee.
Handy Page reserves the right to deny Loss / Replacement coverage if there are excessive losses,
6.)Limited Warranty: Handy Page warrants that the equipment sold or rented
hereunder is warranted by the manufacturer, and Handy Page hereby assigns all of
its rights under such warranty to the Subscriber. Handy Page herby disclaims
any and all warranties including, warranties of merchantability
and fitness for a particular purpose For all equipment sold under
this agreement. Subscriber acknowledges that the service provided is of
such a nature that the service may be lost or limited for many reasons
other than the negligence of Handy Page and agrees that Handy Page shall
not be liable for any damages arising from such causes beyond The direct
and exclusive control of Handy Page.
7.)LIMITATION OF REMEDIES AND DAMAGES; HOLD HARMLESS:
Subscriber's sole remedy for any breach of this agreement
shall be limited to the repair or replacement of the equipment
provided hereunder. In addition, the liability, if any, of Handy Page
for any such breach or other act of omission hereunder shall in
no event exceed the amount of the prorated monthly charge
to the subscriber for said service during the period so affected.
Due to availability of alternative means of communication if service
hereunder is impaired, Handy Page or any of its suppliers shall not
be liable for any special, indirect, or incidental or consequential
damages (including lost profits or revenues), whether the claim
arises out of contract, warranty, tort, strict liability, or
otherwise. Subscriber also agrees to indemnify and hold
harmless Handy Page from any and all claims which may
be made by third parties against Handy Page or any of its
suppliers arising out of performance or
nonperformance of this agreement.
8.)DEFAULT: It will be considered default under this agreement if the
subscriber. (1)fail to pay an amount due hereunder within (10) ten days
after its due date; (2)fails to return a rented pager within (2) two business
days after service is disconnected; or (3)fails to comply with any term or
condition of this Agreement within ten days written notice.
9.)REMEDIES: In the event of a Default by the Subscriber,
Handy Page may pursue one or more of the following remedies:
(1)terminate service and declare all charges immediately due
and payable; (2)reposes any and all equipment rented hereunder,
(3)charge subscriber for the replacement value of the pager if it is
not returned in a timely matter. (4)recover its collection agency fees and
collection costs (including reasonable attorney fees, at trial and on appeal
therefore) from Subscriber, (5)pursue any other remedy available at law
or in equity; or (6)charge a reconnection fee if Subscriber's service is
interrupted due to no payment or at Subscriber's request.
10.)UNIT NUMBERS: The Subscriber has no propriety rights to an assigned
unit or telephone number. Handy Page reserves the right to change systems,
Unit numbers, or Telephone Numbers whenever it considers it necessary in the
conduct of its business. Use of propriety phone numbers for collect or third
party billing purposes by Subscriber may result in termination or service and will
result in charges incurred being billed to Subscriber.
11.)miscellaneous: This agreement sets forth the entire Agreement of the
parties, and no prior or contemporaneous statements shall be part hereof unless it is
reduced to writing and made a part of this written Agreement. This Agreement may be
amerced only in writing signed by the parties to be bound thereby.
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You can contact the webmaster at waynem@handypage.net