Common use of Terminal Maintenance Program Clause in Contracts

Terminal Maintenance Program. A. (a) During the term of this Merchant Agreement, and provided Merchant is not delinquent in respect of any obligation hereunder, PPD shall repair or replace, at its option, all defective terminals sold or leased to Merchant (“TMP”). Replacement terminals may be manufactured from new or refurbished parts; all such replacements will be functional equivalents of the replaced terminal. Merchant is responsible for ensuring that terminal is properly packaged and bears the full risk of loss or damage for any terminal that is returned improperly packaged. Replacements are limited to no more than three terminals during any consecutive twelve-month period. (b) To receive TMP services, Merchant must (i) return the defective terminal to PPD no later than three days from discovering the defect; (ii) provide its identification number and terminal serial number;