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3yr Device Agreement

Viya agrees to make a wireless device (the “Device”) available to the Subscriber at a portion of the retail price if the Subscriber enrolls in Viya’s monthly service plan for the provision of cellular radio telecommunications service (the “Services”) for a fixed period (the “Commitment Period”) and be liable to pay for Services monthly during the Commitment Period. The Subscriber receives a discount off the retail price of the Device on the day the Subscriber signs this Supplemental Agreement.
By executing this Supplemental Agreement, the Subscriber agrees to be bound by the terms stated below.

IT IS HEREBY AGREED AS FOLLOWS:
  1. SUPPLEMENTAL TO THE SUBSCRIBER AGREEMENT. This Supplemental Agreement supersedes all prior agreement written between Viya and the Subscriber and incorporates by reference the Viya Terms of Use. An electronic copy of the Viya Terms of Use can be found on our website: https://viya.vi/our-company/terms-of-use/.
  2. EXPIRY OF SUPPLEMENTAL AGREEMENT. This Supplemental Agreement shall be effective as of the date stated above and shall remain in effect during the Commitment Period, after which it shall expire.
  3. EARLY WITHDRAWAL. In the event the Subscriber elects to withdraw from the Services at any time during the Commitment Period or the Subscriber’s account is terminated by Viya in accordance with the Viya General Terms and Conditions, the Subscriber must pay an amount equal to the discount off the retail price and all amounts chargeable on the account up to the time the service is cancelled. If the Subscriber fails to do so by the date specified, Viya has the right to charge interest on the outstanding balance due at the rate specified in the General Terms and Conditions.
  4. LOSS OR DAMAGE TO DEVICE. The Subscriber acknowledges that loss of, or damage to, the Device shall not affect and shall have no consequence in respect of the Subscriber’s obligations under this Supplemental Agreement. The Subscriber will still be liable for monthly Service on a lost or damaged Device. Replacement Devices purchased from Viya will be sold at the retail price unless the Subscriber signs a new Wireless Device Supplemental Agreement.
  5. CHANGES TO TERMS. Viya reserves the right to modify or cancel this offer at any time. Viya will provide the Subscriber with 30 days’ prior notice if Viya changes the terms and conditions of this Supplemental Agreement.

NOTICE IMPORTANT INFORMATION IN RESPECT OF YOUR NEW WIRELESS DEVICE

WARRANTY

Your new wireless device has a 90-day warranty. Should a manufacturer’s defect materialize in the product during the 90-day warranty period, Viya will exchange it with another wireless device of the same, or a similar, make and model (subject to availability).   Please keep the original contents and packaging that came with the product (i.e. box, instruction manual, charger, etc.). Viya shall not be responsible for loss of the wireless device or for repair charges incurred outside the warranty period or for any defects incurred during the 90-day period that are not covered under the warranty. Viya agrees to replace any wireless accessory that becomes defective within 30 days of purchase (subject to availability). Viya is not responsible for batteries or devices that are damaged because of failure to observe the correct charging procedure.

NOT COVERED UNDER THE WARRANTY

This warranty does not cover all defects or damage. This warranty does not cover the following:

  1. Damage resulting from improper use, accident, or neglect.
  2. Damage from improper testing and/or operation, unauthorized maintenance and/or installation, adjustment, disassembling, or any
    alteration or modification of any kind. NOTE: face plate changes void the warranty.
  3. Defects or damage occurring to devices whose serial numbers have been removed or made illegible.
  4. Damage caused by food or liquid.
  5. Damage (including scratching to plastic or metallic surfaces, and all other externally exposed parts) caused as the result of normal wear and tear.