TELUS IP 1000, Instruction Manual

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loss, theft, damage or destruction of the Equipment shall not affect the 
Customer’s obligations for payment to TELUS.  Until title to and property 
of the Equipment has passed to the Customer, the Customer will not allow 
any installation or servicing of, or repairs, moves, additions or changes to, 

the Equipment by any person not authorized by TELUS.

5. No TELUS warranty

EXCEPT AS SET OUT HEREIN,  TELUS MAKES NO WARRANTIES, 

REPRESENTATIONS OR CONDITIONS OF ANY NATURE WHATSOEVER, 

WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE EQUIPMENT 

AND THIS AGREEMENT, AND ALL WARRANTIES, REPRESENTATIONS 

AND CONDITIONS (INCLUDING EXPRESS OR IMPLIED WARRANTIES OR 

CONDITIONS OF MERCHANTABLE QUALITY, DURABILITY, AND FITNESS 

FOR A PARTICULAR PURPOSE) ARE EXCLUDED, TO THE EXTENT 

PERMITTED BY APPLICABLE LAW.

6. Termination

TELUS may terminate this Agreement if the Customer fails to pay any 

amounts due under this Agreement, or otherwise breaches this Agreement, 

or if TELUS determines, in its sole discretion, that the Customer is an 

unacceptable credit risk, provided that TELUS gives 5 days advance notice 

to the Customer.  Upon termination by TELUS the whole outstanding balance 

of the Charges Payable shall immediately without demand become due and 

payable to TELUS and, if not paid, TELUS may immediately repossess and 

remove the Equipment without any further legal process. TELUS is not liable 

for any damages or other amounts related to any action it is required to take 

to carry out such removal.  Such remedies shall be without prejudice to any 

other rights that TELUS may have in law or equity. 

7. Limitation of liability

In no event shall TELUS, its affiliates or their respective officers, directors, 

agents, employees, suppliers, resellers and distributors (collectively the 

“TELUS Entities”) be liable for any indirect, special, incidental, consequential 

or punitive damages, or any other damages or losses whatsoever, related 

in any way to the Equipment or this Agreement, regardless of the cause of 

action and even if one or more of the TELUS Entities have been advised 

of the possibility of such damages or losses. The TELUS Entities are not 

responsible for or liable for any damages or other amounts related to: (a) the 

Customer’s non-compliance with instructions of the Equipment manufacturer 

or TELUS, or with the Customer’s obligations under this Agreement; (b) 

any data, loss of data, equipment, services, or software, necessary for 

use or used in conjunction with the Equipment; (c) the unavailability of 

replacement parts or lack of manufacturer’s or other third party’s support 

for the Equipment; or (d) any refusal of TELUS to carry out any services 

under conditions that TELUS determines are hazardous. The aggregate 

liability of the TELUS Entities to the Customer relating to or arising out of this 

Agreement, whether in contract, tort or otherwise, shall not exceed the total 

Charges Payable hereunder. 

8. Privacy

The Customer has read the TELUS Privacy Commitment (a copy of which is 

located at 

www.telus.com/privacy

) and hereby consents to the collection, 

use and disclosure by TELUS and its agents of the Customer’s personal 

information collected in connection with the sale of the Equipment hereunder 

(whether previously collected or to be collected), solely for the purposes 

identified in the TELUS Privacy Commitment.

9. Assignment

This Agreement may not be assigned or transferred by the Customer.

10. No waiver

The failure of TELUS to insist upon or enforce strict performance of any 

provision of this Agreement shall not be construed as a waiver of any 

provision or right.

11. Severability

In the event that any portion of this Agreement is held to be invalid or 

unenforceable, the invalid or unenforceable portion shall be construed in 

accordance with applicable law as nearly as possible to reflect the original 

intention of the parties, and the remainder of this Agreement shall remain in 

full force and effect.

12. Entire agreement

This Agreement is the entire agreement between the Customer and TELUS 

concerning the subject matter of this Agreement.  This Agreement is binding 

on the Customer and TELUS and each of their respective successors, 

permitted assigns, heirs, executors and administrators.

13. Amendment

No amendment or waiver of any provision of this Agreement shall be effective 

unless it is in writing, signed by all parties and stating specifically that it is 

intended to modify this Agreement.

14. Governing law

This Agreement shall be subject to and governed by the laws of the Province 

where the Equipment is initially installed and the parties are subject to the 

jurisdiction of the courts of such Province.

15. CRTC compliance

a. 

No Bundling

. TELUS and the Customer acknowledge and agree 

that: (a) the charges for, and availability of, the Equipment are in 

no way contingent or conditional on the Customer subscribing 

for the provision of any tariffed or tariffable service from TELUS 

or a TELUS Affiliate; and (b) non-forborne telecommunications 

services, and bundled services that include non-forborne 

telecommunications services, are required to be provided, and 

shall only be provided, in accordance with tariffs approved by the 

Canadian Radio-television and Telecommunications Commission. 

Tariffs Applicable

 include the following: None. The sale, licensing 

and provisioning of the Equipment and any related services are 

either non-regulated or forborne.

b. 

Customer Information

. In relation to all telecommunications 

services provided by TELUS, unless the Customer provides 

express consent or disclosure is pursuant to a legal power, all 

information kept by TELUS regarding the Customer, other than 

the Customer’s name, address and listed telephone number, is 

confidential and may not be disclosed by TELUS to anyone other 

than: the Customer; a person who, in the reasonable judgement 

of TELUS is seeking the information as an agent of the Customer; 

another telephone company, provided the information is required 

for the efficient and cost-effective provision of telephone 

service and disclosure is made on a confidential basis with the 

TELUS TV agreements