(A) Prior to formally delivering any equipment, including auxiliary equipment (such as a conver-ter, input selector switch, or video control recorder) to a customer, an MCS provider shall have tested a representative sample (at least 1%) of such equipment to ensure that it is in proper working order.
(B) If needed for proper operation, or requested by a customer, an MCS provider shall deliver to a customer handwritten or typed instructions detailing the proper use of rented, loaned, or purchased equipment. Unless required by another section of this chapter, an MCS provider may comply with this section by delivering the manufacturer's instructions to a customer.
(C) An MCS provider is not required to seek a security deposit from a customer for use or rental of the MCS provider's equipment.
(D) An MCS provider shall comply with any and all applicable rules concerning the imposition, retention, and return of security deposits.
(E) Unless prohibited by other applicable law, the security deposit for a particular piece of equipment, then the MCS provider shall be prohibited from charging any security deposit for equipment which exceeds the replacement cost to the MCS provider.
(F) As a matter of consumer protection, an MCS provider shall be prohibited from charging any security deposit for multi-channel service which exceeds twice the basic monthly rate.
(G) An MCS provider may charge an appropriate security deposit (consistent with division (F) of this section) in those instances where a customer is reconnected after an involuntary disconnection for nonpayment or prior history of unsatisfactory payment.
(H) An MCS provider shall return a security deposit (together with any interest earned) after the equipment is satisfactorily returned, or the subscriber maintains a satisfactory payment history (which is determined as no payment delinquencies within the preceding 12 month period).
(I) A customer shall maintain any equipment rented or leased from an MCS provider in good working order, and operate such equipment only in the manner specified by the MCS provider or manufacturer of the equipment.
(J) A customer shall totally and fully reimburse an MCS provider for any damage or loss of their equipment that is due to the customer's failure to properly maintain and operate such equipment.
(K) A customer shall be relieved from any responsibility for reimbursing an MCS provider for equipment which malfunctions or does not operate due to a hidden or latent defect in the equipment, or for equipment which fails to operate, or improperly operates due to natural occurrences conditioned by the normal wear and tear of such equipment, or for equipment damaged or destroyed by an act of nature, and which is not covered by a customer's home or apartment insurance policy.
(Ord. 4-1994-20, passed 4-12-94) Penalty, see § 112.999