Phone Loan Agreement
MJM Network Inc., (“MJM Network”) is pleased to extend the offer of a loaner Phone to you while service is performed on your current Phone (“Customer Phone”). By taking possession of the equipment identified in section 1 (“Loaner Phone”) and signing this agreement, you agree to all the terms and conditions listed below:
1. Loaner Phone. You acknowledge receipt of the Loaner Phone listed below which at MJM Network’s discretion may be new or refurbished, and agree to return it to MJM Network (i) no more than five (5) days from the date MJM Network notifies you that your repaired Customer Phone is ready for pickup or (ii) upon MJM Network’s written request to do so (each, a “Return Date”)
The Serial Number of the Loaner Phone is listed on the MJM Network Work Authorization for the service on your current Phone.
From the date on which you receive the Loaner Phone through the Return Date, title to the Loaner Phone shall at all times remain vested in MJM Network.
2. Receipt of Customer Phone when Loaner Phone Returned. The Loaner Phone is offered to you while your Customer Phone listed on the MJM Network Work Authorization is serviced by MJM Network. MJM Network will return the Customer Phone to you after service has been completed, the Loaner Device has been returned and all outstanding payments are settled.
3. Extended Return Date. If you have a circumstance that prevents you from picking up your repaired Customer Phone on or before the Return Date, you may submit a request to MJM Network for an extension of five (5) days beyond the standard five (5) day return period. You may submit a request for the extension by contacting MJM Network at the location where the Loaner Phone was provided. Upon approval of the five (5) day extension, the extended date will become your Return Date for purposes of these terms, and you will be required to return the Loaner Phone by that extended Return Date. All of the terms set forth in this agreement will apply to that extended Return Date.
4. Safeguarding. You must take reasonable and prudent precautions to protect the Loaner Phone against damage, loss, or abuse while in your care, custody, and control. If the Loaner Phone is lost, stolen or damaged, you must notify MJM Network immediately. Only MJM Network may service the Loaner Phone. You will be held responsible for repair or replacement costs if the Loaner Phone is lost, damaged, or stolen while on loan.
5. Permitted Use. The Loaner Phone is to be used solely by you while your Phone is being serviced by MJM Network (“Service Period”). You must not use the Loaner Phone for any unlawful purpose. Only software with valid licenses should be loaded on the Loaner Phone.
6. Delete Your Files Upon Return of Loaner Phone
You acknowledge that before returning the Loaner Phone, you are responsible for erasing all files, including personal and/or confidential files and data, created by you. Therefore, should you wish to retain any files you created, you should backup your files. You are responsible for removing and storing any such files prior to returning the Loaner Phone. MJM Network is not responsible nor liable for any files or data remaining on, or erased from the Loaner Phone, following its return.
8. Installed Software. You acknowledge that all software provided with the Loaner Phone is licensed specifically to this Loaner Phone and you will not remove it. You also agree not to copy or otherwise reproduce, reverse engineer, disassemble or decompile any software, the equipment, or components provided with the Loaner Phone.
9. MJM Network Liability. To the fullest extent permitted by law, MJM Network will not be liable for any consequential, incidental, indirect or direct damages arising out of these terms or the use of the Loaner Phone, including without limitation any losses of or affecting your personal property, software or data.
10. Governing Law. This Agreement is governed by the laws of the state in which you receive the service, however, you may have other rights, which vary by jurisdiction. Residents of California are governed by that state’s consumer protection legislation.
The undersigned has read and understands this Agreement and hereby acknowledges receipt of a copy.