17.1 Any CPE You use not provided by Us in relation to the Services must comply with applicable standards & specifications, including those set by the Carrier or Supplier.
17.2 We may substitute any component of the CPE or part of any component of the CPE prior to delivery without consultation with You & may in any respect modify the CPE if, in the reasonable opinion of Us, the substitution or modification:
(i) will not adversely affect the performance or capacity of the CPE in any material respect
(ii) will not alter the configuration of the CPE in any material respect; &
(iii) will not otherwise materially affect Our obligations or prejudice Your rights under this Agreement.
17.3 Risk in any CPE provided to You by Us passes to You upon delivery.
17.4 If purchased from Us, Title to any CPE does not pass to You until all amounts owing have been paid in full to Us & the cost of such CPE will be held by You in a fiduciary capacity as bailee for Us.
17.5 You irrevocably grant to Us, Our agents & servants, leave & license without the necessity of giving any notice, to enter at any time on & into premises occupied by You using reasonable force if necessary to inspect, search for & re-take possession of any CPE in respect to which payment is overdue.
17.6 On the termination of this Agreement for any reason, You will immediately return all of Our CPE, should the CPE be Our property.
(a) We will use Our best endeavours to deliver the CPE to You on the Delivery Date at the site during Your normal business hours.
(b) If You wish the CPE to be delivered to a location other than the site, You must request this in the Application Form upon signup for the Service.
(c) If You request delivery of the CPE to be made in advance of the Delivery Date or postponed beyond the Delivery Date, We shall use reasonable endeavours to re-schedule delivery accordingly but shall otherwise be under no obligation to comply with Your request.
(d) If We request permission to deliver the CPE prior to the Delivery Date, You shall use Your best endeavours to prepare the site & to do all other things necessary to enable Us to comply with the request & to accept early delivery.
(a) Where We reasonably determine the requirements for installation exceeds reasonable expectations for any Installation Fee quoted or agreed with You, We will not be bound to provide the installation at the Installation Fee previously quoted or agreed & We agree to discuss & use Our respective reasonable endeavours to agree a new Installation Fee.
(b) You agree to obtain & maintain, at Your expense, any & all permits, licences, approvals, authorisations, required for the installation & operation of the CPE.
(c) In the event that You are relocating Your Premises & as a result, Your CPE, We may, upon Your request, allow You to move the CPE from the Premises to new premises during the Term so that You can continue using the data service(s) at the New Premises, subject to:
(i) Our being able to provide the service(s) at the New Premises;
(ii) You agreeing that these terms & conditions apply to the provision of the service(s) at the New Premises; &
(iii) You pay all costs incurred by Us as a result of You having the CPE moved.
(a) You acknowledge that the CPE does not include the goods & services specified as excluded or “not included” in the Quotation;
(b) You may upon request to Us, request that We supply additional services including without limitation, inspection, repairs, adjustment & replacement of unserviceable or defective parts not subject to the limited warranty given in clause 17.11 in respect of the CPE;
(c) If agreed to by Us, additional services will be provided on a time & materials basis charged at Our standard rates in effect from time to time & on terms agreed to between Us & You; &
(d) Unless agreed in writing, any subsequent agreement to provide additional services between You & Us will not modify or vary the terms & conditions of this Agreement.
(a) We warrant that at the date of this Agreement We believe the CPE to be free from defects in materials & workmanship.
(b) You may during the Warranty Period notify Us in writing of any defect or suspected defect in the CPE. We shall, to the extent necessary, inspect, replace or repair the CPE at no additional charge, & as soon as practicable after receiving written notice from You.
(c) We shall not be liable under clause (b) of Clause 17.11 if the defect is the result of:-
(i) Improper use or mismanagement of the CPE by You;
(ii) Operation of the CPE other than in accordance with the instructions given by Us;
(iii) Use of the CPE in a manner not reasonably contemplated by Us;
(iv) Modification of the CPE not authorised by Us;
(v) Use of the CPE in a manner contrary to law;
(vi) Subjecting the CPE to unusual or not recommended physical, environmental or electrical stress;
(vii) Reinstallation or moving of the CPE by a person other than Us;
(viii) Use of the CPE by a person other than You;
(ix) Your failure to comply with any terms of this Agreement; or
(x) Your failure or refusal to install engineering changes or enhancements recommended by Us.
(e) If You provide a notice of a defect or suspected defect pursuant to clause (b) of Clause 17.11 & any subsequent inspection of the CPE by Us reveals no defect, the direct & indirect costs & expenses associated with such inspection shall be borne by You as an Additional Charge.
(f) You agree that the warranty in this clause 17.11 may, at Our option, be varied or replaced by specific warranty conditions issued in respect of the CPE.
17.12 We are not liable for faulty CPE provided to you by a 3rd-party manufacturer. Where You are experiencing CPE fault, You should contact the manufacturer direct, of whose contact details may be on our website www.fantel.com.au.