Limited Warranty - TELUS Optik TV Quick Reference Manual

TELUS may suspend the Services if you contravene any
provision of these Service Terms, including your obligation
to pay for the Services as charges become due . TELUS
may terminate the Services (i) immediately and without
notice, where TELUS determines that you are using the
Services contrary to the acceptable use provisions of
this Agreement, (ii) upon three days written notice to you,
if any amount owing under this Agreement or any other
agreement for services provided to you by TELUS is in
arrears, (iii) if you do not remedy any other breach of these
Service Terms within 15 days of receiving written notice
of the breach from TELUS, (iv) if you become a bankrupt
or, if you are a business customer, a receiver or receiver-
manager is appointed to manage the affairs of your
business, or (v) for any reason, upon 30 days written notice
to you .
d) Mediation and Arbitration
Any unresolved dispute arising out of the marketing, sale
or provision of the Services by TELUS or relating in any
way to this Agreement, except the collection by TELUS
of charges owing for the Services, may only be referred
to a single mediator chosen by the parties . Should the
mediation not result in a settlement, the dispute will then be
determined by private, confidential and binding arbitration
by the same person originally chosen as mediator . The
fees of the mediator and arbitrator shall be shared equally
by the parties . By agreeing to mediation and arbitration of
disputes, you waive any right you may have to commence
or participate in any class action against TELUS, to the
extent the waiver of such rights is permitted by applicable
law .
e) Miscellaneous
The federal laws and regulations of Canada, and applicable
provincial laws and regulations, govern this Agreement .
You may not assign or transfer this Agreement without
TELUS' prior written consent . If any provision of these
Service Terms is prohibited or unenforceable in certain
circumstances, the remaining Service Terms shall apply
and be construed in those circumstances as if such
provision had never been written . The failure of TELUS to
require or enforce strict performance of any provision of
these Service Terms in a particular instance shall not be
construed, in other circumstances, as a waiver of any right
conferred upon TELUS .

Limited warranty

What the Warranty Covers
This warranty is restricted to the original user of the product
hardware and Software .
The warranty period is 3 years on IP set top hardware from
the original purchase date from TELUS and 90 days on
software from the original purchase date . TELUS warrants
the hardware to be free from material defects in material or
workmanship and the hardware and software shall conform
in all material respects to the specifications provided at
telus.com/tvbox .
During the warranty period the user shall promptly notify
TELUS of any claims against the warranties provided . TELUS
will repair or replace any product returned to TELUS by
user at its expense during the warranty period, which fails
to satisfy the warranty, unless such failure was the result of
shipping; improper installation; maintenance or use; abnormal
conditions of operation; attempted modification or repair by
user; use of the product in combination with other items not
recommended by TELUS; or an act of God .
What the Warranty Does Not Cover
The warranty provided above is in lieu of and excludes all
other liabilities, warranties, guarantees or conditions written or
oral, statutory, common law, expressed or implied, including
warranties or implied conditions as to non-infringement,
merchantability or fitness for a particular purpose and shall
constitute TELUS' sole obligation and liability and the original
users sole remedy in contract, tort or otherwise in respect of
the hardware and software . TELUS makes no warranty that
the operation of the software will be uninterrupted or error
free . In addition, due to the continual development of new
techniques for intruding upon and attacking networks, TELUS
does not warrant that the software or any hardware item on
which the software is used will be free from vulnerability or
attack .
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