1.1 If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.

2. Delivery of Equipment

2.1 Cellular Fantasy will deliver the Equipment at its own risk to the Customer at the address designated by the Customer.

2.2 Cellular Fantasy will use reasonable efforts to deliver the Equipment by the requested Delivery Time but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.

2.3 The Customer will accept the Equipment when delivered on or before the Delivery Time and if for any reason the Customer fails to accept the Equipment when delivered on or before such date the Customer shall nevertheless be liable for the stated Rental Charge and any applicable cancellation charge.

3. Charges

3.1 The Customer will pay the Rental Charge from the Delivery Time until all of the Equipment specified in the Rental Agreement is returned to and accepted by Cellular Fantasy. Equipment rental charges apply to full days and fractions thereof.

3.2 The Customer will pay the Call Charges for all calls made and received on the Equipment after delivery until it is returned to and accepted by Cellular Fantasy or received by one of its representatives. Cellular Fantasy may increase the Call Charges as and when it deems appropriate. However, Cellular Fantasy will at all times seek to provide the Customer with reasonable notice of any impending change as soon as it becomes practically possible.

3.3 The Customer shall be billed for each incoming, outgoing, completed, incomplete or attempted call in full minute increments, with partial minutes rounded to the next full minute, in accordance with cellular billing practices.

3.4 The Customer is responsible for phone service and airtime charges and applicable taxes during the entire period the Equipment is rented whether or not the Customer personally makes the calls for which the charges are imposed.

3.5 Cellular Fantasy is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not Cellular Fantasy is aware of such charges at the time of the return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Rental Period as set forth in Section 3.6, or if not computed at the end of Rental Period, then upon demand given by Cellular Fantasy to the Customer.

3.6 The Rental Charge, the Call Charges and any other amounts due to Cellular Fantasy under this Agreement are payable at the end of the Rental Period or, in the case of long term rentals, at the end of every billing period, whichever is shorter. Cellular Fantasy shall be entitled to charge interest at the rate of 2% per month (or part month) on any overdue amounts. In no event will any late payment charges exceed the highest lawful rate.

4. Credit Card Authorization

4.1 The Customer will submit a US-based credit card to Cellular Fantasy for authorization in an amount from $250.00 to $2,250.00 (the “Authorization Amount”) depending on the type of Equipment required to fulfill the Customer’s order. Cellular Fantasy shall have the right to charge and reauthorize Customer’s credit card each time Customer’s account balance reaches the Authorization Amount. Cellular Fantasy reserves the right to increase the Authorization Amount depending on the quantity of the Customer’s order.

4.2 Cellular Fantasy may, in its sole discretion, accept a non-US credit card from Customer, in which case Cellular Fantasy will take a deposit in lieu of authorization. Cellular Fantasy will not accept responsibility for any fluctuation in exchange rates during the period in which a deposit is held.


5. Use of Equipment

5.1 Upon delivery to the Customer Cellular Fantasy will provide an instruction leaflet on the use of the Equipment.

5.2 The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions and in no other manner.

5.3 The Customer agrees that he/she will not:

5.3.1 effect any repairs or modifications to the Equipment;

5.3.2 remove or interfere with any certification markers affixed to the Equipment;

5.3.3 deface or add to the Equipment;

5.3.4 sublet or allow the use of the Equipment by any third party; or

5.3.5 attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.

5.4 In the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to Cellular Fantasy on demand, an amount equivalent to the value of the Equipment in accordance with Cellular Fantasy’s then-current listed Equipment sales prices. In the event the Equipment is stolen or lost, the Customer is liable for all Call Charges on such Equipment until it is deactivated by the cellular carrier.

6. Repairs

6.1 If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer will notify Cellular Fantasy immediately.

6.2 Cellular Fantasy will repair or replace the Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Rental Agreement, Cellular Fantasy will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.

6.3 If Cellular Fantasy finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment.

7. Liability

7.1 Cellular Fantasy warrants that the Equipment will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment or the operation of the telephone network to which it is connected, it being acknowledged by the Customer that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.

7.2 Cellular Fantasy MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.

Subject to Section 8 the Customer shall be solely responsible for and shall indemnify and hold harmless Cellular Fantasy against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or the cellular phone services provided hereunder whether in breach of Section 5 or otherwise arising howsoever.

Cellular Fantasy WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST Cellular Fantasy FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.}

7.3 The Customer shall be liable to Cellular Fantasy for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce Cellular Fantasy’s rights under this Agreement.

7.4 Cellular Fantasy reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that Cellular Fantasy detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and Cellular Fantasy shall have no liability whatsoever to the Customer for such deactivation.


8. Theft & Loss Protection

8.1 This clause will only apply if the Customer has accepted Theft & Loss Protection coverage and any of the Equipment is not returned to Cellular Fantasy in accordance with the provisions of these terms and conditions due to theft or accidental loss or damage.

8.2 Customer shall immediately notify Cellular Fantasy of any theft, loss of or damage to the Equipment and shall, if applicable, provide evidence of theft by submitting a copy of a written police report to Cellular Fantasy within 24 hours of the theft.

8.3 If this clause applies then the Customer will not be liable to pay for the full value of the Equipment. The foregoing notwithstanding, the Customer will be liable for payment of any applicable Theft & Loss Protection deductible.

9. Ownership

9.1 The Equipment, including the handset and all accessories will at all times remain the property of Cellular Fantasy. The Customer acquires no rights other than temporary use. During the Rental Period no service or part replacements are authorized without written approval from Cellular Fantasy. The Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt.

10. Termination

10.1 Unless otherwise agreed with Cellular Fantasy the Customer shall return the Equipment to Cellular Fantasy at the designated return address at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the Equipment by Federal Express or comparable overnight courier and in accordance with shipping instructions provided by Cellular Fantasy at time of delivery of the Equipment. Should the Customer return the Equipment using means other than those specified in the instructions provided by Cellular Fantasy at the start of the rental, rental and other charges will continue, and the Customer will remain liable for any damage to the Equipment while the Equipment is in transit. Packages returned with any components or pieces missing from the Equipment will be deemed missing and the Customer will be charged in an amount equal to the Equipment value unless the Customer has accepted Theft & Loss Protection coverage, in which case the Customer will be charged in accordance with Section 8.3.

10.2 Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with the cellular telephone meter, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions then Cellular Fantasy may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. Cellular Fantasy may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to Cellular Fantasy by a systems operator. No remedy of Cellular Fantasy shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.

11. Applicable Law

11.1 This Agreement shall be governed by the laws of the State of California. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.


12. General

12.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

12.2 No waiver by Cellular Fantasy of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

12.3 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by Cellular Fantasy or its authorized agent. This Agreement constitutes the entire agreement between Cellular Fantasy and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.

12.4 Cellular Fantasy is not liable for any lack of privacy which may be experienced with regard to the Services. The Customer authorizes Cellular Fantasy’s monitoring and recording of calls concerning the Customer’s account or the Services and consents to Cellular Fantasy’s use of automatic dialing equipment to contact the Customer. Cellular Fantasy has the right to intercept and disclose transmissions in order to protect its rights or property.

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