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The Equipment provided to Customer is the property of Nile and may only be used in conjunction with the Services for its intended use. If Equipment is not being used for its intended use, Nile may terminate the Agreement or require Customer to return such Equipment. If Customer does not return the Equipment in accordance with the foregoing within thirty (30) days of Nile notice of the same, Customer authorizes Nile to charge Customer’s payment instrument or invoice Customer (at Nile’ discretion) for replacement value of the Equipment. The Equipment that the Customer will receive along with the Equipment replacement values will be made available to the customer.

  1. If, during the Term of the Agreement, the Equipment ceases to function in accordance with the terms of the Agreement, Nile’s generally published documentation regarding the Services or the Equipment, or as otherwise as reasonably expected, Customer may contact Nile in accordance with Nile’s support policy. If Nile determines, in its reasonable discretion, that the Equipment should be replaced due to functionality issues (“Faulty Equipment”), Nile will provide replacement Equipment to Customer at Nile’s cost. Customer shall return the Faulty Equipment to Nile within thirty (30) days upon receipt of the replacement Equipment. If Customer fails to return the Faulty Equipment, Customer authorizes Nile to, at Nile’s discretion, either charge Customer’s payment instrument or to invoice Customer for the replacement value of the Faulty Equipment.
  2. If, after receiving Faulty Equipment from Customer, Nile determines in its reasonable discretion that the Equipment is damaged apart from normal wear and tear, Customer authorizes Nile, at its own discretion, to either charge or to invoice Customer for: (a) repair or replacement of such Equipment, and (b) the cost of providing both the Faulty Equipment to Nile and the replacement Equipment to Customer (if paid for by Nile).
  3. If Customer notifies Nile or Nile determines that the Equipment is lost or stolen, Customer authorizes Nile, at its own discretion, either to charge for Customer’s payment instrument or to invoice Customer for replacement and shipping costs.
  4. If the Agreement terminates or expires for any reason, all Equipment must be returned to Nile in full functioning order within thirty (30) days. If the Customer fails to return all Equipment in accordance with the foregoing, Customer hereby authorizes Nile, at its own discretion, to charge Customer for the cost of such Equipment.
  5. Customer will not dispose Equipment as waste unless specifically directed by Nile to do so.
  6. If Nile invoices Customer for any costs associated with this Equipment Policy, Customer shall pay such invoice in accordance with the terms of this Agreement or, if applicable, the Order Form.
  7. Customers/partners must report any missing equipment to Nile within 48 hours of receiving the Nile Equipment shipment or immediately upon discovery during the installation.

A refurbishing fee of no less than 25% of the annual recurring fees will be charged for returned equipment, including but not limited to returns at the end of contract term, for proof of concept (POC) initiatives, lab trials, Nile approved downsizing of Nile Access Service, and cancellations due to material breach of the Nile Service Agreement by the customer. The refurbishing fee will be specified in the true-up invoices.