The parties agree as follows:
1. EQUIPMENT. The parties agree to lease the following:
The chosen package
2. SUBSCRIPTION TERM.
The subscription term is for weekly payments over 24 months.
By entering into this agreement the customer acknowledges a commitment to make weekly payments for the
duration of the contract. Cancellation or alteration of this agreement will only be at the discretion of mb3.
3. SUBSCRIPTION PAYMENTS.
The customer agrees to pay to mb3 Ltd the subscription charge for the equipment as per the package each week in advance.
4. DELIVERY.
The device will be available for collection from the school.
5. GOVERNING LAW.
This agreement shall be governed by and construed in accordance with the law of New Zealand.
6. AMENDMENT.
The customer shall notify mb3 Ltd of any change of address, email or phone number stipulated on this contract in writing by email to support@mb3.nz or by phone 07 3463 469
7. USE OF EQUIPMENT.
The device is for the purpose of learning and should be used in a careful and proper manner and the customer will comply with all laws, rules, statues and orders regarding the use of the equipment.
8. DEFAULT.
If the customer fails to perform or fulfil any obligation under the agreement, the customer shall be in default of this agreement. The customer shall have seven (7) days from the date of notice of default by mb3 Ltd to remedy the default. In the event the customer does not remedy a default,
mb3 Ltd may declare the customer in default of the agreement.
In the event of default, mb3 may, as permitted by law, remotely lock the device until such time the default is remedied. Mb3 acknowledges that
personal financial circumstances may change and as such, if the customer experiences difficulty making the weekly payment, the customer should contact mb3 to arrange a payment plan.
9. POSSESSION AND SURRENDER OF EQUIPMENT.
At the expiration of the subscription term the customer shall surrender the equipment to mb3 Ltd by delivering the equipment to the school in good condition and in working order with any cables, ordinary wear and tear excepted, as it was at the commencement of the agreement.
Within the last month of the subscription a purchasing option may be available to the customer
to purchase the device outright. Note: The iPad must be returned with its original charger and cable. All MacBooks must be returned in good condition with all original cables and power adapters.
10. CONDITION OF EQUIPMENT AND REPAIR.
Upon delivery the customer will inspect the equipment and see it is in good and acceptable condition. The customer must tell mb3 Ltd if the equipment is damaged on arrival.
11. MAINTENANCE, DAMAGE AND LOSS.
The customer will keep and maintain the equipment in clean and in good working order during the subscription term. In the event the equipment is lost or damaged beyond repair, the customer shall pay to mb3 Ltd the replacement cost of the equipment, or repair or replace the device themselves.
In addition, the obligations of this agreement shall continue in full force and affect through the subscription term.
12. OWNERSHIP. The equipment is and shall remain the exclusive property of mb3 Ltd.
13. SEVERABILITY.
If any part of this agreement shall be held unenforceable for any reason, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement is deemed invalid or unenforceable by ay court of competent jurisdiction, and if limited such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
14. ASSIGNMENT.
Neither this agreement nor customers rights hereunder are assignable except with mb3 Ltd’s prior, written consent.
15. ENTIRE AGREEMENT.
This agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter
of this agreement.
