Common use of Customer’s Responsibilities Clause in Contracts

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement and throughout the Hire Period: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (at the Customer’s own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation of the Equipment; (e) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation; (f) keep the Hirer fully informed of all material matters relating to the Equipment; (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.

Appears in 3 contracts

Sources: Equipment Hire Agreement, Equipment Hire Agreement, Equipment Hire Agreement

Customer’s Responsibilities. 10.1 5.1 The Customer shall during will provide the term Company with such information as it may reasonably need concerning the Customer’s operations and answers to queries, decisions and approvals which may be reasonably necessary for the Consultant to undertake the Services. The Customer is responsible for ensuring that such information and answers are accurate and complete. 5.2 The Customer will provide free of this Agreement charge the following facilities to the Company and its Consultant throughout the Hire Period:Customer’s normal business hours and at such other times as the Customer authorises after reasonable prior notice from the Company and/or its Consultant (such authorisation not to be unreasonably withheld or delayed): (a) ensure that the Equipment is kept access to and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (at the Customer’s own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation use of the Equipment; (eb) make no alteration access to the Customer’s employees and the Customer’s Premises; (c) all electric power, lighting, heating and air conditioning at the Customer’s Premises reasonably needed by the Consultant to perform the Services; (d) to the extent the Consultant needs to work on the Customer’s Premises, office space readily accessible to the Equipment which is suitable for this purpose and shall not remove the provision of normal office services, including first aid, photocopying and telephone, (but excluding any existing component (or componentssecretarial support, typing and photocopying facilities needed to produce any documentation for which the Consultant is responsible) from and such facilities may be used only for the Equipment without the prior written consent purpose of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installationServices; (fe) keep the Hirer fully informed of all material matters relating to competent operators for the Equipment;. (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and 5.3 The Customer will be responsible for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period ensuring that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to is properly installed and is sufficient and suitable for its purpose and that any adjustments which may be confiscated, seized or taken required are carried out of its possession or control under any distress, execution or other legal process, but if the Equipment expeditiously. The Customer is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall responsible at its sole own expense use its best endeavours for the prompt and continuing availability to procure an immediate release the Consultant of the Equipment and shall indemnify any other computing facilities to be provided by the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result Customer in good working order throughout the duration of such confiscation;this Agreement. (n) not use the Equipment for any unlawful purpose; (o) 5.4 The Customer will ensure that at all times software other than the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect Deliverables which is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where used on the Equipment is located for either the purpose property of removing the Equipment;Customer or legally licensed to the Customer and that the Consultant is permitted to use such software. (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be 5.5 The Company may suspend Services carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in at the Customer’s quotation and Confirmation Form's Premises if the Company reasonably believes conditions at the Customer's Premises represent a health or safety hazard to any of the Consultants. 10.2 5.6 The Customer acknowledges that if it has asked for or approved the Hirer shall not be responsible for inclusion of any loss of or damage to third party software in the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and Deliverables; the Customer shall indemnify be responsible, unless the Hirer Company has otherwise specifically agreed in full against all liabilitieswriting, costs, expenses, damages for the cost of and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basisfor obtaining the necessary licence(s) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer pertaining to comply with the terms of this Agreementthat third party software.

Appears in 2 contracts

Sources: Services Agreements, Services Agreements

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement and throughout the Hire Period: (a) ensure that The Customer will care for and operate the Equipment is kept in accordance with the manufacturer’s instructions and operated in a suitable environment, used only use it for the purposes for which it is was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and operated in a proper manner by trained competent staff in accordance with any operating instructions;mice. (b) take such steps (including compliance with all safety The Customer shall provide, at no charge to the Supplier, full and usage instructions provided by free access to the Hirer) Equipment as may be necessary to ensureprovide the Service. If, so far as is reasonably practicableon arrival at the Customer’s site, the Supplier’s engineer finds that sufficient and proper access to the Equipment is at all times safe not provided or that the call was not warranted, the Supplier may exercise the right not to perform the Service and without risk to health when it is being set, used, cleaned or maintained by a person at work;charge the Customer for the Supplier’s costs and expenses reasonably incurred. (c) ensure The Customer shall take all reasonable precautions to protect the health and safety of the Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment during the service visit. (d) The Customer, at the Customer’s own expense, shall make available and keep in good working condition the following:- (i) the daily maintenance one item of media of any type used on the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date for storage or date of Pick-Up (fair wear and tear only excepted)diagnostic programs; (dii) comply with all handover instructions provided any items of media originally supplied by the Hirer on installation of manufacturer for maintenance purposes; (iii) such Consumables as may be reasonably required to perform the Equipment;Service. (e) make no alteration The Customer shall be solely responsible for all software but without prejudice to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent generality of the Hirer Title foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and property in all substitutionsdata files are kept; (ii) restoration of such operating system, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation;application software and data files as may be required after Remedial Maintenance. (f) keep The Customer shall notify the Hirer fully informed Supplier in writing of all material matters relating to the Equipment; (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move any part intended change in location of the Equipment to any other including changes of location without within the Hirer's prior written consent; (h) permit same site. The Supplier will at the Hirer or its duly authorised representative to inspect Customer’s request supervise the de-commissioning and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal re-installation of the Equipment from any land or building and indemnify (for which an additional charge may be made). The Supplier reserves the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit right to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of terminate this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized relocated without written notice or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for if any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where failure in the Equipment is located for the purpose due to damage incurred during such unauthorised relocation. The provisions of removing the Equipment; (qthis clause 3(f) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, do not apply to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it Equipment specified by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities manufacturer as set out in the Customer’s quotation and Confirmation Formportable. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.

Appears in 2 contracts

Sources: Terms and Conditions for the Provision of Computer Hardware and Software Maintenance Services, Terms and Conditions for the Provision of Computer Hardware and Software Maintenance Services

Customer’s Responsibilities. 10.1 7.1 The Customer shall during the term of this Agreement and throughout the Hire Periodagreement: (a) ensure that the Equipment is kept and operated in a suitable environment, environment used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsinstructions provided by Audioserv; (b) take such steps (including compliance with all safety and usage instructions provided by the HirerAudioserv) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (maintain at the Customer’s its own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep expense the Equipment in good and substantial repair and in order to keep it in as good an operating condition as it was on the Delivery Commencement Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (ed) make no alteration to the Equipment and shall not remove any existing component (or componentscomponent(s) from the Equipment without the prior written consent of Audioserv unless the Hirer component(s) is/are replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved/advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer Audioserv immediately on upon installation; (fe) keep the Hirer Audioserv fully informed of all material matters relating to the Equipment; (gf) keep the Equipment at all times at the Delivery Address Site and shall not move or attempt to move any part of the Equipment to any other location without the HirerAudioserv's prior written consent; (hg) permit the Hirer Audioserv or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on upon the Delivery Address Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection inspection; (h) maintain operating and maintenance and/or repairrecords of the Equipment and make copies of such records readily available to Audioserv, together with such additional information as Audioserv may reasonably require; (i) not, without the prior written consent of the HirerAudioserv, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the HirerAudioserv, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer Audioserv against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or and/or interest of the Hirer Audioserv in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer Audioserv may enter such land or building and recover the Equipment both during the term of this Agreement agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer Audioserv of any rights such person may have or acquire in the Equipment and a right for the Hirer Audioserv to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer Audioserv and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer Audioserv on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (nm) not use the Equipment for any unlawful purpose; (on) ensure that at all times the Equipment remains identifiable as being the HirerAudioserv's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (po) deliver up the Equipment at the end of the Rental Period or on earlier termination of this agreement at such address as Audioserv requires, or if necessary, allow the Hirer Audioserv or its representatives access to the Delivery Address Site or any premises where the Equipment is located for the purpose of removing the Equipment; (p) inform Audioserv of all health and safety and security requirements that apply at any of the Customer’s premises; (q) provide obtain and maintain all requisite materialsnecessary licences and consents and comply with all relevant legislation as required to enable Audioserv to perform its duties under this agreement, facilities, access and suitable working conditions, at its own expense, including in relation to facilitate and enable Delivery and the installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to timeof Audioserv’s equipment; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any 6(Title, risk and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Forminsurance). 10.2 7.2 The Customer acknowledges that the Hirer Audioserv shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractorcontractors, and the Customer shall undertakes to indemnify Audioserv on demand against the Hirer in full same, and against all losses, liabilities, costsclaims, expensesdamages, damages and losses (including any direct, indirect costs or consequential losses, loss expenses of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer whatever nature otherwise arising out of, of or in connection with any failure by the Customer to comply with the terms of this Agreementagreement. 7.3 If Audioserv’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, Audioserv shall be allowed an extension of time to perform its obligations equal to the delay caused by the Customer.

Appears in 2 contracts

Sources: Terms of Hire & Production Services, Terms of Hire & Production Services

Customer’s Responsibilities. 10.1 16.1 The Customer shall during the term of this Agreement and throughout the Hire Periodshall: (a) ensure that maintain the Equipment as is kept required by Pronto Hire and operated as specified in the Equipment’s operators manual (including, but not limited to, maintaining water, oil, grease and fluid levels, tyre pressures and perform a suitable environmentpre-inspection check at the commencement of every working day or shift, used only for whichever the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsshorter time period); (b) take such steps (including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that immediately cease operation of the Equipment is at all times safe and without risk notify Pronto Hire by telephone should any warning light display or any gauges such as the Equipment’s temperature gauge indicate overheating or other potential mechanical faults. Should the Customer fail to health when it is being setobserve such indications, used, cleaned or maintained by a person at workthey agree to indemnify Pronto Hire from any damage thus caused; (c) ensure notify Pronto Hire immediately by telephone of the full circumstances of any mechanical breakdown or accident in connection with the Equipment. The Customer is not absolved from the requirements to safeguard the Equipment by giving such notification; (at the Customer’s own expensed) the daily maintenance satisfy itself prior to taking delivery of the Equipment that the Equipment is suitable for its purposes; (e) only use the appropriate fuel/oil as determined by Pronto Hire and as specified in the Equipment’s operators manual, and maintain at the appropriate levels at all times. Upon completion of the Hire Period, the Equipment must be return with fuel tanks full and oil levels at full ▇▇▇▇; (f) be responsible for checking and ensuring that the tow Equipment meets the legal towing requirements of the Equipment (including, but not limited to, current registration and warrant of fitness); (g) ensure that all persons driving and/or operating the Equipment: (i) are suitably instructed in the Equipment’s safe and proper use are competent and qualified drivers, and where necessary are fully licensed to drive with the appropriate class and/or operate the Equipment (and shall provide evidence of the same to Pronto Hire upon request); (ii) are not under the influence of alcohol or any drug that may impair their ability to operate the Equipment; (iii) do so safely, strictly in accordance with the Hirerlaw, only for its intended use, and in accordance with any manufacturer’s instructions to keep instruction whether supplied by Pronto Hire or posted on the Equipment. (h) operate the Equipment safely, strictly in good and substantial repair accordance with the law, only for its intended use, and in as good an operating condition as it was accordance with any manufacturer’s instruction, whether supplied by Pronto Hire or posted on the Delivery Date or date of Pick-Up (fair wear and tear only excepted)Equipment; (di) comply with ensure that all handover instructions provided by reasonable care is taken in handling and/or parking the Hirer Equipment and that it is left securely locked when not in use and when parking wheeled Equipment on installation an incline, that the park brake is securely applied and that 2 wheel chocks be put directly behind the lower side of a wheel on each side of the Equipment; (ej) make no alteration comply with all occupational health and safety laws relating to the Equipment and shall not remove any existing component its operation; (or componentsk) from keep the Equipment without in their own possession and control; (l) employ the prior written consent Equipment solely in its own work and not permit the Equipment of the Hirer Title and property in all substitutions, replacements, renewals made in any part thereof to be used by any other party for any other work; (m) not: (i) alter or make any additions to the Equipment shall vest including but without limitation altering, make any additions to, defacing or erasing any identifying ▇▇▇▇, plate or number on or in the Hirer immediately Equipment or in any other manner interfere with the Equipment; (ii) exceed the recommended or legal load and capacity limits of the Equipment; (iii) use or carry any illegal, prohibited or dangerous substance in or on installationthe Equipment; (iv) fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold; (v) arrange or undertake any repairs, service or salvage without the authorisation of Pronto Hire to do so; (vi) operate the Equipment in any race, speed test, rally, performance or contest, or on any closed road or non-public roadway; (vii) permit the Equipment to be operated without their authority and then only by an authorised driver named on the front of this Contract; (viii) carry any animals in any vehicle without the written permission of Pronto Hire; (ix) allow the Equipment to: (A) be operated by any person under the influence of alcohol or any drug or intoxicating substance that affects their ability to operate the Equipment; (B) convey, propel or tow any other Equipment or object other than those supplied by Pronto Hire, or agreed to in writing by Pronto Hire; (C) carry more passengers or a greater load (weight) than the legal capacity of the Equipment; (D) carry passengers for hire or reward of any kind; (E) be used when it is damaged or unsafe; (F) be used in such a manner as would permit an insurer to decline any claim; (G) towed on a road which is not properly formed and constructed as a sealed road. (n) be liable for: (i) parking or traffic infringement and will supply relevant details as required by the Police and/or Pronto Hire relating to any such parking or traffic infringement and offences, impoundment, towage and storage; and (ii) unauthorised repairs to the Equipment. (o) on termination of the hire, deliver the Equipment complete with all parts and accessories clean and in good order as delivered, fair wear and tear accepted, to Pronto Hire. 16.2 Immediately on request by Pronto Hire the Customer will pay: (a) the new list price of any Equipment, accessories or consumables that are for whatever reason destroyed, written off, or not returned to Pronto Hire; (b) a cleaning fee as determined by Pronto Hire to clean the Equipment and to discharge any soil or waste products; (c) the cost of fuels and consumables provided by Pronto Hire and used by the Customer or those needed to top up the fuel or oils to full when returned; (d) any costs incurred by Pronto Hire in picking up and returning the Equipment to the Owner’s premises if the Customer does not return the Equipment to the Owner’s premises or any pre-agreed pickup location when it was originally agreed that the Customer would do so; (e) any lost hire fees Pronto Hire would have otherwise been entitled to for the Equipment, under this, or any other hire Contract; (f) keep the Hirer fully informed of all material matters relating any insurance excess payable in relation to the Equipment; (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and claim made by either the Customer shall repair and make good or Pronto Hire in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the affixation or removal Customer and irrespective of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including whether charged by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer insurers or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation FormPronto Hire’s. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.

Appears in 1 contract

Sources: Contract

Customer’s Responsibilities. 10.1 7.1 The Customer shall during the term of this Agreement and throughout the Hire Periodagreement: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff persons in accordance with any operating instructionsinstructions provided by Big Chief; (b) take such steps (including compliance with all safety and usage instructions provided by the HirerBig Chief) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at workmaintained; (c) ensure (maintain at the Customer’s its own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep expense the Equipment in good and substantial repair and in order to keep it in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only tear, damage by Big Chief Tipi employees and / or damage caused by manufacturing design or design fault excepted); (d) comply with all handover instructions provided by the Hirer on installation including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (ed) make no alteration to the Equipment and shall not remove any existing component (or componentscomponent(s) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installationEquipment; (fe) keep the Hirer Big Chief fully informed of all material matters relating to the Equipment; (gf) keep the Equipment at all times at the Delivery Address Site and shall not move or attempt to move any part of the Equipment to any other location without the HirerBig Chief's prior written consentconsent (this includes moving furniture from inside to outside of the tipi structure); (hg) permit the Hirer Big Chief or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on upon the Delivery Address Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repairinspection; (ih) not, without the prior written consent of the HirerBig Chief, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (ji) not without the prior written consent of the HirerBig Chief, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (kj) not do or permit to be done any act or thing which will or may jeopardise the right, title or and/or interest of the Hirer Big Chief in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (nk) not use the Equipment for any unlawful purpose; (ol) ensure that at all times the Equipment remains identifiable as being the HirerBig Chief's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipmentproperty; (pm) at the end of the Rental Period, allow the Hirer Big Chief or its representatives access to the Delivery Address or any premises where the Equipment is located Site for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (rn) not do or permit to be done anything which could invalidate the insurances referred to in clause 96; (o) provide Big Chief with a Site Plan not less than 2 months prior to the Delivery Date; (p) obtain such permits and consents from the relevant authorities (including the local planning authority, district surveyor, police, fire brigade and any similar organisations) as are necessary for the Equipment to be installed at the Site; (q) obtain any and all required licenses as may be required by the local authority and notify Big Chief in writing of any requirements specified in such licences at least 14 days prior to the Delivery Date; (r) not to enter the Equipment or any part of it whilst it is being installed or dismantled by Big Chief; (s) ensure the Equipment is closed off securely and any door fastened when the Equipment is not in use in relation to the Event; (t) not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of Big Chief; (u) not interfere, tamper with or move any Third Party Equipment, including attempting to refuel any generators with a fuel not provided by the Third Party Supplier; (v) not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of Big Chief; (w) not to tamper with the structure of any part of the Equipment and not to affix or suspend from the Equipment any item whatsoever without Big Chief’s prior written consent; (x) follow any instructions and guides provided by Big Chief and be responsible for the maintenance and safe custody of the Equipment during the Rental Period; (y) be the dedicated health & safety officer for the Event or nominate a third party for this role and provide Big Chief with the details of such nominee (H&O Officer). The Customer shall be responsible for ensuring the H&O Officer has received all documentation from Big Chief to allow the H&O Officer to fulfil his/her duties fully; and (sz) comply with any and all additional terms, exclusions and responsibilities as set out in arrange security for the Customer’s quotation and Confirmation FormEquipment during the Rental Period. 10.2 7.2 The Customer acknowledges that the Hirer Big Chief shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer Customer, its guests or its officers, employees, agents and contractor, contractors and the Customer shall indemnify the Hirer in full against all be responsible for any losses, liabilities, costsclaims, expensesdamages, damages and losses (including any direct, indirect costs or consequential losses, loss expenses of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer whatever nature otherwise arising out of, of or in connection with any failure by the Customer to comply with the terms of this Agreementagreement. 7.3 In the event the Customer is unable to obtain the consents and permissions that may be required under clauses 7.1(p) and 7.1(q) the Customer shall notify Big Chief and Big Chief may terminate this agreement with immediate effect. The Customer shall be responsible for any losses or costs caused by the absence or misrepresentations of the consents and permissions required by clauses 7.1(p) and 7.1(q). 7.4 Before Big Chief can dismantle the Equipment following the Event, the Customer must clear the Equipment of all debris, rubbish, broken glass and personal belongings. If the Customer fails to clear the Equipment to Big Chief’s satisfaction, the Customer shall be liable to pay a £500 cleaning fee. 7.5 The Customer may zip open blanking panels subject to the prior written consent of Big Chief. 7.6 For the avoidance of doubt, the Customer is responsible for all loss or damage to the Equipment resulting from wilful neglect, malicious acts, failure to adhere to any special security arrangements as notified by Big Chief to the Customer from time to time and any breach of clause 7.1.

Appears in 1 contract

Sources: Terms and Conditions of Hire

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement and throughout the Hire Period: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions;. (b) take such steps (including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;. (c) ensure (at the Customer’s own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted);. (d) comply with all handover instructions provided by the Hirer on installation of the Equipment;. (e) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation;. (f) keep the Hirer fully informed of all material matters relating to the Equipment;. (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent;. (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet underlet, or lend the Equipment or allow the creation of any mortgage, charge, lien lien, or other security interest in respect of it;. (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building building, then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal;. (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment;. (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours endeavor’s to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose;. (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;. (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment;. (q) provide all requisite materials, facilities, access access, and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time;. (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties penalties, and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.

Appears in 1 contract

Sources: Equipment Hire Agreement

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement and throughout the Hire Periodshall: (a) ensure that provide HSM Group with access to the Equipment is kept and operated in a suitable environment, used only site as reasonably required for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionspurpose of allowing HSM Group to perform its obligations under this Agreement; (b) take such steps (including compliance ensure that its employees, agents and other contractors shall: i) not interfere with all safety or disrupt, delay or hinder HSM Group, its employees, agents, subcontractors, agents or other persons engaged by HSM Group or prevent them from carrying out their work or cause them to incur additional cost; ii) reasonably co-operate with HSM Group and usage instructions provided by the Hirer) as may be necessary to ensureits employees, so far as is reasonably practicable, that the Equipment is at all times safe agents and without risk to health when it is being set, used, cleaned or maintained by a person at worksubcontractors; (c) ensure (at the Customer’s own expense) the daily maintenance advise HSM Group of the Equipment strictly in accordance with existence of any concealed pipes, wires and cables for water, gas, electricity, telephone or other services affecting the Hirerpremises and shall confirm the location of such services to HSM Group’s instructions technician before work commences. In the absence of such notice HSM Group accepts no liability for any loss or damage to keep such services or any consequence thereof and the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date Customer agrees to indemnify HSM Group against any claim whatsoever for any loss or date of Pick-Up (fair wear and tear only excepted)liability under this clause; (d) comply provide HSM Group with all handover instructions provided data, specifications and information as may be requested by the Hirer on installation of the EquipmentHSM Group to enable it to fulfil its obligations under this Agreement; (e) make provide adequate facilities at the premises at no alteration cost to the Equipment HSM Group, including parking, power, lifting equipment, scaffolding, scissor lifts, and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installationrubbish removal skips; (f) keep ensure that the Hirer fully informed premises are at all times a safe working environment and (without limitation) will not contain asbestos or similar hazards. If HSM Group considers that the premises are unsafe it may delay or cease delivery of all material matters relating the Services until the premises are restored to a safe condition. Any such delay or cessation of the EquipmentServices: i) will entitle HSM Group to an extension of time to complete the Services; ii) will not constitute a breach of this Agreement; and iii) will not entitle the Customer to any payment of a financial penalty; (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move indemnify HSM Group against any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including claims for the purposes failure of repair or maintenance)fire alarm monitoring equipment, sell or offer for saletelecommunication carrier lines, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all lossespower supply, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit relating to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, fire brigade charges, damages and expenses incurred as a result or relocation of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Formequipment. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.

Appears in 1 contract

Sources: General Agreement

Customer’s Responsibilities. 10.1 9.1 The Customer shall during the term of this Agreement and throughout the Hire PeriodAgreement: (a) ensure that the Equipment is kept and operated in a suitable environment, which shall as a minimum meet the requirements set out in the Order, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsinstructions provided by DING; (b) ensure that cellar temperatures do not exceed 13 degrees celsius keeping such temperature regularly monitored using the device installed by DING as a first fit at Customer’s premises. (c) take such steps (including compliance with all safety and usage instructions provided by the HirerDING) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned used or maintained by a person at work; (cd) ensure (maintain at the Customer’s its own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep expense the Equipment in good and substantial repair and in order to keep it in as good an operating condition as it was on the Delivery Commencement Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation of the Equipment; (e) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer DING. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer DING immediately on installation; (f) keep the Hirer ▇▇▇▇ fully informed of all material matters relating to the Equipment; (g) keep the Equipment at all times at the Delivery Address Site and shall not move or attempt to move any part of the Equipment to any other location without the HirerDING's prior written consent; (h) permit the Hirer DING or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repairinspection; (i) not, without the prior written consent of the HirerDING, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer DING and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer DING on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (nk) not use the Equipment for any unlawful purpose; (ol) ensure that at all times the Equipment remains identifiable as being the Hirer's DING’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (pm) deliver up the Equipment at the end of the Rental Period or on earlier termination of this Agreement at such address as DING requires, or if necessary allow the Hirer DING or its representatives access to the Delivery Address Site or any premises where the Equipment is located for the purpose of removing the Equipment;; and (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (rn) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; andin (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form. 10.2 9.2 The Customer acknowledges that the Hirer Ding shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractorcontractors, and the Customer shall indemnify the Hirer DING or its Affiliates in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] reasonable professional costs and expenses) suffered or incurred by the Hirer DING or any of its Affiliates arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.

Appears in 1 contract

Sources: Equipment Hire Agreement

Customer’s Responsibilities. 10.1 7.1 The Customer shall during the term Hire Period of this Agreement and throughout the Hire PeriodAgreement: (a) ensure that the Equipment is are kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the HirerSupplier) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (at Keep the Customer’s own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation of the Equipment; (e) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation; (f) keep the Hirer Supplier fully informed of all material matters relating to the Equipment; (gd) keep Keep the Equipment at all times at the Delivery Address Site and/or secured whilst in transit to and shall not move from a place of work. All Equipment is to be secured overnight within business or attempt personal premise and MUST NOT be left in vehicles. (e) Bear the reasonable cost of the repair or rectification of any damage to move any part the Equipment resulting from negligence or improper use of the Equipment by the Customer or any person permitted by the Customer to use the Equipment; (f) not sell, assign, mortgage, let or hire or otherwise dispose of or part with possession of any other location without Equipment or part thereof or charge the Hirer's benefit of this Agreement nor attempt or purport to do so; (g) With the prior written consentagreement of the Customer, permit the Supplier or its authorised representatives at all reasonable times to enter upon the premises where the Equipment may from time to time be kept to inspect and test the condition of the Equipment; (h) not use or permit the Hirer Equipment to be used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law; (i) permit the Supplier or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on upon the Delivery Address Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repairinspection; (ij) not, without the prior written consent of the HirerSupplier, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (jk) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal;. (kl) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer Supplier may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer Supplier of any rights such person may have or acquire in the Equipment and a right for the Hirer Supplier to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (on) ensure that at all times the Equipment remains identifiable as being the HirerSupplier's property and wherever possible shall ensure to not remove any marks or indications that a visible sign to that effect is attached to the EquipmentEquipment are property of the Supplier; (po) deliver the Equipment at the end of the Rental Period or on earlier termination of this Agreement at such address as the Supplier requires, or if necessary allow the Hirer Supplier or its representatives access to the Delivery Address Site or any premises where the Equipment is located for the purpose of removing the Equipment;; and (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (rp) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form6. 10.2 7.2 The Customer acknowledges that the Hirer Supplier shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreementcontractors.

Appears in 1 contract

Sources: Equipment Hire Agreement

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement (and throughout the Hire Period: (ashall ensure all Authorised Affiliates and Authorised Users shall) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (at the Customer’s own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided applicable laws relating to the use or receipt of the Services, including laws relating to privacy, data protection and use of systems and communications, rules imposed by the Hirer on installation of Card Schemes and the Equipment; (e) make no alteration Customer's acquiring bank, all rules imposed by any other relevant bank or third party and all rules relating to the Equipment and shall not remove any existing component (or components) from PCI Security Standards Council 10.2 The Customer shall: 10.2.1 co-operate with the Equipment without the prior written consent of the Hirer Title and property Supplier in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation; (f) keep the Hirer fully informed of all material matters relating to the EquipmentServices; 10.2.2 advise the Supplier immediately in writing of any material change (gor proposed change) keep in the Equipment at all times at nature of the Delivery Address and shall Customer or the Customer's business (including details of any changes in the goods and/or services sold by the Customer, any additional business commenced by the Customer, any change in its ownership, shareholders, directors or senior managers, any change in its trading name, trading hours or contact details; 10.2.3 not move resell, hire, lease, or attempt otherwise make the Subscribed Services available to move any third party; 10.2.4 not use the Subscribed Services on behalf of any third party; 10.2.5 not itself or using a third party maintain or adjust any part of the Equipment to Subscribed Services and not make any modifications or in any way mark or deface any part of the Subscribed Services; 10.2.6 comply with all applicable laws, regulations, rules and obligations in connection with their use of the Subscribed Services and comply with all rules imposed by the Card Schemes and the Customer’s acquiring bank, all rules imposed by any other location without relevant bank or third party and all rules relating to the Hirer's prior written consentPCI Security Standards Council; (h) permit 10.2.7 have full authorisation from the Hirer or its duly authorised representative relevant acquirer to inspect process transactions using the Subscribed throughout the Subscribed Services Period; If no such agreement is in place between the Customer and carry out any maintenance and/or repair work on a relevant acquirer, the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may Supplier shall not be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including liable for the purposes of repair Customer’s inability to utilise the Subscribed Services. 10.3 The Subscribed Services enable PoS to accept transactions in the offline mode. To the extent that PoS is used in offline or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and flight mode the Customer shall repair and make good any damage caused by the affixation be responsible for reconciling all transactions processed in offline or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as flight mode on a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer regular basis and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form. 10.2 The Customer acknowledges that the Hirer Supplier shall not be responsible for any loss of or damage liable in relation to the Equipment arising out loss or corruption of any transactions or data which are processed by PoS when used in connection with any negligence, misuse, mishandling of the Equipment offline or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreementflight mode.

Appears in 1 contract

Sources: Master Saas Terms

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement and throughout the Hire Period: (a) ensure that The Customer will care for and operate the Equipment is kept in accordance with the manufacturer’s instructions and operated in a suitable environment, used only use it for the purposes for which it is was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and operated in a proper manner by trained competent staff in accordance with any operating instructions;mice. (b) take such steps Any faults caused as a result of not using original equipment manufacturer (including compliance with all safety and usage instructions provided by the HirerOEM) as may consumables will be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;billable. (c) ensure (The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide the Service. If, on arrival at the Customer’s own expense) site, the daily maintenance of Supplier's engineer finds that sufficient and proper access to the Equipment strictly in accordance with is not provided or that the Hirercall was not warranted, the Supplier may exercise the right not to perform the Service and to charge the Customer for the Supplier’s instructions to keep the Equipment in good costs and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted);expenses reasonably incurred. (d) comply with The Customer shall take all handover instructions provided by reasonable precautions to protect the Hirer on installation health and safety of the Equipment;Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment during the service visit. (e) make no alteration In the event that the Supplier ships spare parts to site to effect a repair, the Customer MUST NOT open the package under any circumstances, but pass the package unopened to the Equipment and shall not remove attending engineer. Should there be any existing component discrepancies later (such as parts being damaged or components) from fail to test correctly or appear to be the Equipment without wrong parts), then such parts, at the prior written consent discretion of the Hirer Title and property in all substitutionsSupplier, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation;will be billable. (f) keep The Customer also needs to ensure that they accept the Hirer fully informed of all material matters relating parts shipped since abortive courier visits will mean a few days extra delay as couriers sometimes re-route them back to the Equipment;central hub before reshipping to the local hub to attempt another delivery. If shipments are unlikely to reach the Customer due to restrictions on delivery access such as military installations or secure sites then the Customer needs to let the Supplier know beforehand so that the parts may be shipped out to the engineer instead. If a delivery attempt fails due to the Customer not being available to sign for a delivery such as the office is closed or internal authorization has not been provided to the main gates for secure locations then if a further billable attempt needs to be made to deliver the parts to the Customer. Any additional courier charges incurred by the Supplier will be billable to the Customer. (g) The Customer, at the Customer’s expense, shall make available and keep in good working condition the following:- i. one item of media of any type used on the Equipment at all times at for storage or diagnostic programs; ii. any items of media originally supplied by the Delivery Address and shall not move or attempt manufacturer for maintenance purposes; iii. such Consumables as may be reasonably required to move any part of perform the Equipment to any other location without the Hirer's prior written consent;Service. (h) permit The Customer shall be solely responsible for all software but without prejudice to the Hirer or generality of the foregoing shall be responsible for: i. ensuring adequate backup copies of its duly authorised representative to inspect operating system, application software and carry out data files are kept; ii. restoration of such operating system, application software and data files as may be required after Remedial Maintenance. iii. The Customer shall notify the Supplier in writing of any maintenance and/or repair work on intended change in location of the Equipment including changes of location within the same site. The Supplier will at all reasonable times the Customer’s request supervise the de-commissioning and for such purpose to enter on the Delivery Address or any premises at which re-installation of the Equipment (for which an additional charge may be located, and shall grant reasonable access and facilities for made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during such inspection and maintenance and/or repair;relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable. (i) notThe Customer shall fit the equipment with an anti-surge device so that it is protected in the event of a power surge. If you don’t have this device, without we can supply a 6 socket anti-surge device or a single socket anti-surge device to you. Failure to fit an anti-surge device to your printer will mean that should you have any electronic faults – e.g. parts which can become faulty in the prior written consent event of a power surge such as the HirerGL2 card, part with control of (including for Jetdirect Card, power supply unit or electronics module – then all parts and labour to replace such parts will not be covered under the purposes of repair or maintenance)support contract. For clarity if our engineer attends site and during his/her visit finds no anti-surge is fitted, sell or offer for sale, underlet or lend then it will be taken to mean that it wasn’t fitted while the Equipment or allow the creation of any mortgage, charge, lien or other security interest printer was previously in respect of it;operation. (j) The Customer, by signing this agreement, is assuring the Supplier that the equipment is in good working order at the time of signing. (k) Any damage or faults caused as a result of using non OEM equipment to make modifications or alterations to original equipment will not without be covered. (For example; where a customer has fitted a roll modification kit that bolts onto the prior written consent machine which results in the X-axis being overstressed, then this callout will be billable). (l) The Supplier reserves the right to withhold all services until such time as payment has been made. (m) Non OEM equipment will not be covered under this contract unless specifically approved in writing and added to the Certificate of Cover. (n) In cases where CSR parts are replaced and the Hirerdefective part needs to be returned to the Supplier within a defined period of time, attach normally five business days, the Equipment Customer shall return the defective part with the associated documentation in the provided shipping material. Failure to return the defective part may result in the Supplier billing you for the replacement. With a customer self repair the Supplier will pay all shipping and part return costs and determine the courier/carrier to be used. (o) Customers who rent equipment from the Supplier where such equipment includes full breakdown cover will be billed for any land visits and parts where the callout later shows to be directly related to a technical or building IT set up issue or an issue where they have failed to use OEM inks or have used media too heavy for the printer so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal blunting of the Equipment from any land cutter or building and indemnify additional stress on the Hirer against all lossesY axis, costs or expenses incurred as has failed to fit an anti surge device to protect the electronics. IT issues include (but are not limited to) instances such a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise customer, possibly with limited IT skills, installing the right, title or interest of the Hirer in the Equipment and, wrong printer driver where the Equipment option to pay for an engineer to do this work has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or been taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form). 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.

Appears in 1 contract

Sources: Support Contract

Customer’s Responsibilities. 10.1 The Customer is responsible for all activities that occur under User accounts, including its employees, vendors, customers, contractors, or other third parties. Customer shall during the term of this Agreement and throughout the Hire Periodhave sole responsibility for: (aA) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsThe accuracy of all Customer Materials; (bB) take such steps (Provide sufficient disclosure to Users that Hearsay monitors Users’ activities on the Services, including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at workcollection of Anonymized Aggregated Data; (cC) ensure Have sole responsibility for prevent unauthorized access to, or use of, the Services, and notify Hearsay promptly of any such unauthorized use; and (at D) Each of its users, including, but not limited to, employees, vendors, customers, and contractors, who access the Customer’s own expense) the daily maintenance of the Equipment strictly Services does so only in accordance with the Hirer’s instructions terms and conditions of these Terms and Hearsay security requirements and that users refrain from any activity which may interfere with, disrupt, copy, manipulate, reverse engineer, or damage the Services. (E) Comply with all applicable laws in using the Services. 4.1.1 Customer represents and warrants to keep Hearsay that: (A) It assumes sole responsibility for the Equipment in good security, completeness, accuracy, reliability, compatibility, and substantial repair timely delivery of its data, files, and in as good an operating condition as it was programs and all results to be obtained, expressly acknowledging that results are dependent on the Delivery Date or date of Pick-Up (fair wear nature and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation timeliness of the Equipment; (e) make data it supplies to Hearsay. Hearsay will have the right to rely upon the accuracy and completeness of the information provided and will have no alteration responsibility to evaluate or verify it. Customer acknowledges and agrees that inaccurate or insufficient information provided to Hearsay may negatively impact the end result of the Services or may cause delays and increased costs in relation to the Equipment and shall not remove any existing component Services performed (or components) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation; (f) keep the Hirer fully informed of all material matters relating to the Equipment; (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenanceas described herein), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, Any additional costs or expenses time to be incurred as a result of such affixation or removalinformation issues will be agreed upon in an Order document prior to the issues being remedied by ▇▇▇▇▇▇▇; (kB) not do or permit It will implement appropriate security measures to be done any act or thing which will or may jeopardise protect the right, title or interest confidentiality and privacy of the Hirer its clients in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take compliance with all necessary steps to ensure that the Hirer may enter such land or building applicable laws and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipmentregulations; (lC) continue It will be responsible for all management decisions relating to make payment the Services, the use of all Rental Payments during any period that the Equipment remains on hire systems, and features provided as a result of the Services, and for determining that the Services are appropriate for its purposes. 4.1.2 Customer agrees to take all reasonable and necessary steps to see that 4.1.3 Customer represents and warrants to Hearsay, with respect to all Software, systems and hardware used by Customer in connection with this Agreement and not supplied by Hearsay (“Customer Equipment”) and which either operates on or communicates with the Services, that Customer’s failure , either owns or has the right to allow use the Hirer Customer Equipment and further has the right to permit Hearsay to use Customer Equipment as it relates to the Services for the purposes of this Agreement. Customer agrees that Hearsay has no obligation to supply or maintain any Customer Equipment. 4.1.4 Customer represents and warrants that it will take all necessary and reasonable steps to ensure the Hirer’s Personnel data, files, code, programs and processes owned or administered by the Customer and furnished by Customer to Collect the Equipment; Hearsay in connection with this Agreement do not contain any viruses, code, process error (m) not suffer or permit the Equipment to be confiscatede.g. - incorrect date sequence of files), seized or taken out of its possession or control under any distress, execution or other legal processprogramming that is designed to corrupt, but if the Equipment is so confiscateddamage or otherwise adversely affect computer programs, seized data, hardware, or taken, the software. 4.1.5 Customer shall notify the Hirer represents and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) warrants that it will not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located Services for the purpose of removing making credit determinations for individuals and will use the Equipment;Services solely in compliance with applicable law. (q) 4.1.6 Customer represents and warrants that it has, and at all times will have, the right and authority to provide Hearsay with all requisite materialsCustomer Data within the scope of the Services performed, facilities, access and suitable working conditions, at its own expenseincluding, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materialsextent applicable, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do NPPI or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Formconfidential data of third parties. 10.2 The 4.1.7 Customer acknowledges that grants Hearsay the Hirer shall not right to access the Customer Equipment as necessary for all purposes consistent with the furnishing of the related Services; Customer will be responsible for performing full and complete weekly backups and or daily incremental backups of its programs, files, and data relating to both the Customer Equipment and the Services. 4.1.8 Customer may subcontract all or part of its obligations under this Agreement or in any loss Order to a third party or parties provided that Customer remains liable to Hearsay for the performance of the subcontracted work in accordance with the terms of this Agreement. In the event Customer does subcontract all or damage part of its obligations to a third party or parties (each, a “Third Party Agreement”), Hearsay will have no responsibility or liability related to the Equipment arising out of compliance or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused non-compliance by the Customer or its officersany third party subcontractor under the Third Party Agreement and Customer will indemnify, employees, agents and contractordefend, and the Customer shall indemnify the Hirer in full hold Hearsay harmless (at its expense) from and against all liabilitiesany claims, costsactions, expensesdemands, damages and losses damages, losses, liabilities (including any directsettlements and judgments), indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs expenses (calculated on a full indemnity basis) and all other [reasonable] professional costs including attorneys’ fees and expenses) suffered asserted or incurred by the Hirer alleged arising out of, or in connection with relating to (a) any breach by Customer or the third party of its obligations or warranties under the Third Party Agreement or (b) arising from or relating to Customer’s or third party’s failure by the Customer to comply with the terms of this Agreement.

Appears in 1 contract

Sources: General Terms and Conditions

Customer’s Responsibilities. 10.1 The Customer agrees that it shall: 4.1 Take good care of the Equipment and use all means and efforts necessary to avoid any damage to, destruction or loss of the Equipment or any part thereof, including avoiding contamination of any kind to the Equipment;‌ 4.2 Inspect the Equipment upon receipt of the same for defects and to ensure that it is fit for use, and not to use any Equipment that it finds to be defective, damaged or unfit for use and return any such Equipment immediately to CHEP; 4.3 Upon prior written consent, accept transfers of Equipment from other CHEP customers, which Equipment shall during upon such transfers be subject to the term terms of this Agreement Agreement; 4.4 Promptly and throughout accurately notify CHEP of all de-hires and transfers of Equipment to from other CHEP customers. It is the Hire Period: (a) ensure obligation of the transferor to establish that the transfer of any Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided accepted by the Hirertransferee, provide all relevant documents, including goods receipt note (“GRN”) as may be necessary to ensure, so far as establish and to obtain the approval of CHEP to such transfer. It is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (at also the Customer’s own expenseobligation to ensure that correct Equipment type is de-hired or transferred; 4.5 Customer who transfers Equipment to other CHEP accounts or receives Equipment on transfer from other CHEP accounts is required to promptly report the transfers to CHEP. CHEP has the right to refuse to approve (and thereby to process the transaction) the daily maintenance of the Equipment strictly any purported transfer or transfer declaration if (i) it is not made in accordance with the HirerCHEP standard operating procedures or (ii) it is reported to CHEP more than 60 (sixty) days after the actual date of transfer. Such transfers are deemed late declaration and CHEP, at its discretion, will only approve the transfer provided (i) the transferee account is valid at the time of late processing, and (ii) the transferor obtained the transferee party’s instructions written consent to keep accept such late processing of transfer onto the latter’s account. CHEP is entitled to refuse or suspend the processing of any transfer transaction if key data or document is missing or appears to be incorrect as set out in this Agreement or CHEP standard operating procedures. Equipment in good and substantial repair and in relation to such suspended transaction shall remain on Customer’s account until such time as good an operating condition as it was on the Delivery Date or date of Pick-Up transaction has posted clean (fair wear and tear only exceptedi.e., become effective); (d) comply with all handover instructions provided by the Hirer on installation of the Equipment; (e) make no alteration to the Equipment and . The responsibility shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation; (f) keep the Hirer fully informed of all material matters relating to the Equipment; (g) keep the Equipment at all times rest with Customer to ensure that any notification of transfer submitted by it to CHEP has posted clean. Charges shall be determined at the Delivery Address and shall not move or attempt to move any part of time that a previously suspended transaction finally posts clean. 4.6 Pay the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest agreed charges in respect of it; each item of Equipment and any ancillary service supplied by CHEP as set out in Appendix 1 (jcollectively referred to as “Charges”) not without the prior written consent deduction or set-off within 30 days of the Hirerdate of CHEP’s invoice or, attach where a different credit period is specified in the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or buildingCommercial Terms, within that credit period. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused invoice is not settled by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or takendue date, the Customer shall notify be liable to pay late charges at the Hirer and rate 12% per annum on daily rests on the Customer shall at its sole expense use its best endeavours amount outstanding. CHEP reserves the right to procure an immediate release withhold Equipment supply in the event of non-payment by the Customer; 4.7 Undertake regular stock-take of the Equipment (at least twice yearly), keep CHEP informed about forthcoming stock-takes and shall indemnify allow CHEP the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscationoption to participate in those stock-takes; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign 4.8 Comply with CHEP’s standard procedures issued from time to that effect is attached to the time concerning hire, use, pooling or control of movement of Equipment; (p) allow the Hirer or its representatives 4.9 Allow access to the Delivery Address or any its premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, vehicles by CHEP’s agents and employees at its own expense, reasonable times on written notice to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in verify the Customer’s quotation and Confirmation Form. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply compliance with the terms of this AgreementAgreement and CHEP’s standard procedures and to permit CHEP to carry out stock-take and re-conciliations of the quantity of Equipment on hire. 4.10 The Customer acknowledges that its purpose in hiring Produce Crates is to store and transport fresh Produce (or other goods agreed by CHEP in writing) and for no other purpose. 4.11 The Customer must not Re-use a Produce Crate, unless CHEP gives its prior written consent. 4.12 The Customer acknowledges and agrees that CHEP will only issue Produce Crates to the Customer for hire in full pallet quantities or such other quantities as CHEP determines from time to time. 4.13 The Customer must ensure that all Foldable Containers which are collected by CHEP from the Customer or delivered by the Customer to CHEP are in a Folded State and stacked securely. If the Customer fails for any reason to return a Foldable Container in a Folded State, the Customer must pay CHEP the fee specified by CHEP from time to time for each Foldable Container that was not returned in a Folded State.

Appears in 1 contract

Sources: Terms of Hire Agreement

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement and throughout the Hire Period: (a) ensure that The Customer will care for and operate the Equipment is kept Software in accordance with the instructions and operated in a suitable environment, used only use it for the purposes for which it is was designed. The Customer shall not move, and operated in a proper manner by trained competent staff in accordance alter or attach anything to, repair, modify or adjust the Software or any part thereof except with any operating instructions;the Supplier’s prior written consent. (b) take such steps (including compliance with all safety The Customer shall provide, at no charge to the Supplier, full and usage instructions provided by free access to the Hirer) Software as may be necessary to ensureprovide the Service. If, so far as on arrival at the Customer’s site or via remote connection, the Supplier’s engineer finds that sufficient and proper access to the Software files is reasonably practicable, not provided or that the Equipment is at all times safe call was not warranted, the Supplier may exercise the right not to perform the Service and without risk to health when it is being set, used, cleaned or maintained by a person at work;charge the Customer for the Supplier’s costs and expenses reasonably incurred. (c) ensure The Customer shall take all reasonable precautions to protect the health and safety of the Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Software during the service visit. (d) The Customer, at the Customer’s own expense, shall make available and keep in good working condition the following:- (i) the daily maintenance one item of media of any type used on the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date for storage or date of Pick-Up (fair wear and tear only excepted)diagnostic programs; (dii) comply with all handover instructions provided any items of media originally supplied by the Hirer on installation of manufacturer for maintenance purposes; (iii) such Consumables as may be reasonably required to perform the Equipment;Service. (e) make no alteration The Customer shall be solely responsible for all software but without prejudice to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent generality of the Hirer Title foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and property in all substitutionsdata files are kept; (ii) restoration of such operating system, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation;application software and data files as may be required after Remedial Maintenance. (f) keep the Hirer fully informed of all material matters relating to the Equipment; (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the The Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release Supplier in writing of any intended change in location of the Equipment and shall indemnify Software including changes of location within the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that same site. The Supplier will at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation request supervise the de-commissioning and Confirmation Form. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling re-installation of the Software (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Software is relocated without written notice or if any failure in the Software is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment or otherwise caused specified by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreementmanufacturer as portable.

Appears in 1 contract

Sources: Software Development and Maintenance Agreement

Customer’s Responsibilities. 10.1 6.1 The Customer shall during the term of this Agreement and throughout the Hire Periodagreement: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the HirerCouncil) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (maintain at the Customer’s its own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep expense the Equipment in good and substantial repair and in order to keep it in as good an operating condition as it was on the Delivery Date or date of Pick-Up when it was delivered (fair wear and tear only excepted)) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (d) comply with all handover instructions provided by the Hirer on installation of the Equipment; (e) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation; (f) keep the Hirer Council fully informed of all material matters relating to the Equipment; (ge) at all times keep the Equipment at all times at in the Delivery Address and shall not move possession or attempt to move any part control of the Equipment to any other location without Customer and keep the Hirer's prior written consentCouncil informed of its location; (hf) permit the Hirer Council or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on upon the Delivery Address Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repairinspection; (ig) not, without the prior written consent of the HirerCouncil, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (jh) not without the prior written consent of the HirerCouncil, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer Council against all losses, costs or expenses incurred as a result of such affixation or removal; (ki) not do or permit to be done any act or thing which will or may jeopardise the right, title or and/or interest of the Hirer Council in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer Council may enter such land or building and recover the Equipment both during the term of this Agreement agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer Council of any rights such person may have or acquire in the Equipment and a right for the Hirer Council to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (mj) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer Council and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer Council on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (nk) not use the Equipment for any unlawful purpose; (ol) ensure that at all times the Equipment remains identifiable as being the Hirer's Council’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (pm) allow Allow the Hirer Council or its representatives access to the Delivery Address Site or any premises where the Equipment is located at the end of period hire or termination for the purpose of removing the Equipment;; and (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (rn) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation FormClause 5. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.

Appears in 1 contract

Sources: Skip Hire Agreement

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement and throughout the Hire Period: (a) ensure that The Customer will care for and operate the Equipment is kept in accordance with the manufacturer’s instructions and operated in a suitable environment, used only use it for the purposes for which it is was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and operated in a proper manner by trained competent staff in accordance with any operating instructions;mice. (b) take such steps Any faults caused as a result of not using original equipment manufacturer (including compliance with all safety and usage instructions provided by the HirerOEM) as may consumables will be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;billable. (c) ensure (The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide the Service. If, on arrival at the Customer’s own expense) site, the daily maintenance of Supplier's engineer finds that sufficient and proper access to the Equipment strictly in accordance with is not provided or that the Hirercall was not warranted, the Supplier may exercise the right not to perform the Service and to charge the Customer for the Supplier’s instructions to keep the Equipment in good costs and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted);expenses reasonably incurred. (d) comply with The Customer shall take all handover instructions provided by reasonable precautions to protect the Hirer on installation health and safety of the Equipment;Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment during the service visit. (e) The Customer, at the Customer’s expense, shall make no alteration to available and keep in good working condition the following:- (i) one item of media of any type used on the Equipment and shall not remove for storage or diagnostic programs; (ii) any existing component items of media originally supplied by the manufacturer for maintenance purposes; (or componentsiii) from such Consumables as may be reasonably required to perform the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation;Service. (f) keep the Hirer fully informed of The Customer shall be solely responsible for all material matters relating software but without prejudice to the Equipmentgenerality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenance. (g) keep The Customer shall notify the Equipment at all times at the Delivery Address and shall not move or attempt to move Supplier in writing of any part intended change in location of the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any other location without failure in the Hirer's prior written consent;Equipment is due to damage incurred during such relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable. (h) permit The Customer shall fit the Hirer equipment with an anti-surge device so that it is protected in the event of a power surge. If you don’t have this device, we can supply a 6 socket anti-surge device to you for £30.00+carriage or its duly authorised representative a single socket anti-surge device for £9.95+carriage. Failure to inspect fit an anti-surge device to your printer will mean that should you have any electronic faults – e.g. parts which can become faulty in the event of a power surge such as the GL2 card, Jetdirect Card, power supply unit or electronics module – then all parts and carry out any maintenance and/or repair work on labour to replace such parts will not be covered under the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair;support contract. (i) notThe Customer, without by signing this agreement, is assuring the prior written consent Supplier that the equipment is in good working order at the time of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;signing. (j) not without the prior written consent of the Hirer, attach the Equipment to any land Any damage or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage faults caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation using non OEM equipment to make modifications or removal;alterations to original equipment will not be covered. (For example; where a customer has fitted a roll modification kit that bolts onto the machine which results in the X-axis being overstressed, then this callout will be billable). (k) not do or permit The Supplier reserves the right to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment withhold all services until such time as payment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment;been made. (l) continue Non OEM equipment will not be covered under this contract unless specifically approved in writing and added to make payment the Certificate of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment;Cover. (m) not suffer or permit In cases where CSR parts are replaced and the Equipment defective part needs to be confiscatedreturned to Resolution within a defined period of time, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or takennormally five business days, the Customer shall notify return the Hirer and defective part with the Customer shall at its sole expense use its best endeavours associated documentation in the provided shipping material. Failure to procure an immediate release of return the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a defective part may result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located in Resolution billing you for the purpose of removing replacement. With a customer self repair Resolution will pay all shipping and part return costs and determine the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation courier/carrier to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Formused. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.

Appears in 1 contract

Sources: Printer Maintenance Services Agreement

Customer’s Responsibilities. 10.1 5.1 The Customer shall during will provide the term Supplier with such information as it may reasonably need concerning the Customer’s operations and answers to queries, decisions and approvals which may be reasonably necessary for the Consultant to undertake the Services. The Customer is responsible for ensuring that such information and answers are accurate and complete. 5.2 The Customer will provide free of this Agreement charge the following facilities to the Supplier and its Consultant throughout the Hire Period:Customer’s normal business hours and at such other times as the Customer authorises after reasonable prior notice from the Supplier and/or its Consultant (such authorisation not to be unreasonably withheld or delayed): (a) ensure that the Equipment is kept Access to and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (at the Customer’s own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation use of the Equipment; (eb) make no alteration Access to the Customer’s employees and the Customer’s Premises; (c) All electric power, lighting, heating and air conditioning at the Customer’s Premises reasonably needed by the Consultant to perform the Services; (d) To the extent the Consultant needs to work on the Customer’s Premises, office space readily accessible to the Equipment which is suitable for this purpose and shall not remove the provision of normal office services, including first aid, photocopying, telephone and facsimile facilities (but excluding any existing component (secretarial support, typing and photocopying facilities needed to produce any documentation for which the Consultant is responsible) and such facilities may be used only or components) from the Equipment without the prior written consent purpose of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installationServices; (fe) keep the Hirer fully informed of all material matters relating to Competent operators for the Equipment;. (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and 5.3 The Customer will be responsible for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period ensuring that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to is properly installed and is sufficient and suitable for its purpose and that any adjustments which may be confiscated, seized or taken required are carried out of its possession or control under any distress, execution or other legal process, but if the Equipment expeditiously. The Customer is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall responsible at its sole own expense use its best endeavours for the prompt and continuing availability to procure an immediate release the Consultant of the Equipment and shall indemnify any other computing facilities to be provided by the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result Customer in good working order throughout the duration of such confiscation;this Agreement. (n) not use the Equipment for any unlawful purpose; (o) 5.4 The Customer will ensure that at all times software other than the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect Deliverables which is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where used on the Equipment is located for either the purpose property of removing the Equipment;Customer or legally licensed to the Customer and that the Consultant is permitted to use such software. (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be 5.5 The Supplier may suspend Services carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in at the Customer’s quotation and Confirmation Form's Premises if the Supplier reasonably believes conditions at the Customer's Premises represent a health or safety hazard to any of the Consultants. 10.2 5.6 The Customer acknowledges that if it has asked for or approved the Hirer shall not be responsible for inclusion of any loss of or damage to third party software in the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and Deliverables; the Customer shall indemnify be responsible, unless the Hirer Supplier has otherwise specifically agreed in full against all liabilitieswriting, costs, expenses, damages for the cost of and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basisfor obtaining the necessary licence(s) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer pertaining to comply with the terms of this Agreementthat third party software.

Appears in 1 contract

Sources: Order Form

Customer’s Responsibilities. 10.1 25.1 The Customer shall during the term of this Agreement and throughout the Hire Periodshall: (a) ensure that the operator of any Equipment is kept and operated in a suitable environment, used only for not under the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with influence of alcohol or any operating instructionsdrug that may impair their ability to operate the Equipment; (b) take such steps (including compliance with ensure that all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that persons operating or erecting the Equipment is at all times are suitably instructed in its safe and without risk proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to health when it is being set, used, cleaned or maintained by a person at workoperate the Equipment and shall provide evidence of the same to NGPS upon request; (c) ensure (at the Customer’s own expense) the daily maintenance of maintain the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good as is required by NGPS (including, but not limited to, maintaining (where applicable) water, oil and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only exceptedfluid levels); (d) comply with ensure that all handover instructions provided reasonable care is taken by the Hirer on installation Customer and that the Equipment is left securely stored when not in use; (e) not exceed the recommended or legal load and capacity limits of the Equipment; (ef) make no alteration refuel the Equipment prior to its return from Hire. In the event the Equipment needs to be refuelled upon its return from Hire then the costs of refuelling shall be charged to the Equipment and shall not remove any existing component (or components) from Customer in addition to the costs of the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installationhire; (fg) keep notify NGPS immediately by telephone of the Hirer fully informed full circumstances of all material matters relating any mechanical breakdown or accident. The Customer is not absolved from the requirements to safeguard the Equipment by giving such notification; (h) satisfy itself at commencement that the Equipment is suitable for its purposes; (i) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by NGPS or posted on the Equipment; (gj) keep comply with all work health and safety laws relating to the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removaloperation; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest on termination of the Hirer in hire, deliver the Equipment andcomplete with all parts and accessories, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing clean and in favour of the Hirer of any rights such person may have good order as delivered, fair wear and tear accepted, to NGPS (or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the EquipmentNGPS’ designated employee); (l) continue to make payment of all Rental Payments during any period that keep the Equipment remains on hire as a result in their own possession and control and shall not assign the benefit of the Customer’s failure hire contract nor be entitled to allow the Hirer take a lien, or the Hirer’s Personnel to Collect grant any encumbrance over the Equipment; (m) not suffer alter or permit make any additions to the Equipment to be confiscatedincluding but without limitation altering, seized make any additions to, defacing or taken out of its possession erasing any identifying mark, plate or control under any distress, execution number on or other legal process, but if in the Equipment is so confiscated, seized or taken, in any other manner interfere with the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscationEquipment; (n) not use the Equipment solely for the Customer’s own works and shall not permit the Equipment of any part thereof to be used by any other party for any unlawful purposeother work. 25.2 Immediately on request by NGPS the Customer will pay: (a) the new list price of any Equipment, accessories or consumables that are for whatever reason destroyed, written off or not returned to NGPS; (ob) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to costs incurred in cleaning the Equipment; (pc) allow all costs of repairing any damage caused by the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose ordinary use of removing the Equipment; (qd) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and cost of repairing any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out caused by wilful or negligent actions of the Customer or the Customer’s employees; (e) the cost of repairing any damage to the Equipment caused by vandalism, or (in connection with NGPS’ reasonable opinion) in any negligence, misuse, mishandling way whatsoever other than by the ordinary use of the Equipment by the Customer; (f) the cost of fuels and consumables provided by NGPS and used by the Customer; (g) any costs incurred by NGPS in picking up and returning the Equipment to NGPS’ premises if the Customer does not return the Equipment to NGPS’ premises or any pre-agreed pickup location when it was originally agreed that the Customer would do so; (h) any lost hire fees NGPS would have otherwise been entitled to for the Equipment, under this, or any other hire agreement; (i) any insurance excess payable in relation to a claim made by either the Customer or NGPS in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss irrespective of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred whether charged by the Hirer arising out of, Customer’s insurers or in connection with any failure by the Customer to comply with the terms of this AgreementNGPS’.

Appears in 1 contract

Sources: Contract

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement and throughout the Hire Period: (a) ensure that The Customer will care for and operate the Equipment is kept in accordance with the manufacturer’s instructions and operated in a suitable environment, used only use it for the purposes for which it is was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and operated in a proper manner by trained competent staff in accordance with any operating instructions;mice. (b) take such steps Any faults caused as a result of not using original equipment manufacturer (including compliance with all safety and usage instructions provided by the HirerOEM) as may consumables will be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;billable. (c) ensure (The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide the Service. If, on arrival at the Customer’s own expense) site, the daily maintenance of Supplier's engineer finds that sufficient and proper access to the Equipment strictly in accordance with is not provided or that the Hirercall was not warranted, the Supplier may exercise the right not to perform the Service and to charge the Customer for the Supplier’s instructions to keep the Equipment in good costs and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted);expenses reasonably incurred. (d) comply with The Customer shall take all handover instructions provided by reasonable precautions to protect the Hirer on installation health and safety of the Equipment;Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment during the service visit. (e) The Customer, at the Customer’s expense, shall make no alteration to available and keep in good working condition the following:- (i) one item of media of any type used on the Equipment and shall not remove for storage or diagnostic programs; (ii) any existing component items of media originally supplied by the manufacturer for maintenance purposes; (or componentsiii) from such Consumables as may be reasonably required to perform the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation;Service. (f) keep the Hirer fully informed of The Customer shall be solely responsible for all material matters relating software but without prejudice to the Equipmentgenerality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenance. (g) keep The Customer shall notify the Equipment at all times at the Delivery Address and shall not move or attempt to move Supplier in writing of any part intended change in location of the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any other location without failure in the Hirer's prior written consent;Equipment is due to damage incurred during such relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable. (h) permit The Customer shall fit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on equipment with an anti-surge device so that it is protected in the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent event of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or buildingpower surge. If the Equipment does become affixed you don’t have this device, we can supply a 6 socket anti-surge device to any land you for £30.00+carriage or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreement.single socket anti-surge device for

Appears in 1 contract

Sources: Printer Maintenance Services Agreement

Customer’s Responsibilities. 10.1 4.1 The Customer shall during the term of this Agreement and throughout the Hire Rental Period: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsinstructions provided by the e-Track; (b) take such steps (including compliance with all safety and usage instructions provided by the Hirere-Track) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being setset up, used, cleaned or maintained by a person at work; (c) ensure (at the Customer’s own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep maintain the Equipment in good and substantial repair and in order to keep it in as good an operating condition as it was on the Delivery Date or date of Pick-Up delivery (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (ed) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer e-Track. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer e-Track immediately on installation; (fe) keep the Hirer e-Track fully informed of all material matters relating to the Equipment; (gf) keep the Equipment at all times at the Delivery Address Customer’s premises as notified to the e-Track and shall not move or attempt to move any part of the Equipment to any other location without the Hirere-Track's prior written consent; (hg) permit the Hirer e-Track or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repairinspection; (ih) not, without the prior written consent of the Hirere-Track, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (ji) not without the prior written consent of the Hirere-Track, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer e-Track against all losses, costs or expenses incurred as a result of such affixation or removal; (kj) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer e-Track in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer e-Track may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer e-Track of any rights such person may have or acquire in the Equipment and a right for the Hirer e-Track to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (mk) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer e-Track and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer e-Track on demand against all losses, costs, charges, damages and expenses reasonably incurred as a result of such confiscation; (nl) not use the Equipment for any unlawful purpose;; and (om) ensure that at all times the Equipment remains identifiable as being the Hirere-Track's property and wherever possible shall ensure that a visible sign the sign/stickers supplied by the e-Track to that effect is remain visible and attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form. 10.2 4.2 The Customer acknowledges that the Hirer e-Track shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreementcontractors.

Appears in 1 contract

Sources: Master Services Agreement

Customer’s Responsibilities. 10.1 25.1 The Customer shall during the term of this Agreement and throughout the Hire Periodshall: (a) ensure satisfy itself at commencement that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsits purposes; (b) take such steps (including compliance with all safety and usage instructions provided notify Protrade immediately by telephone of the Hirer) as may be necessary full circumstances of any mechanical breakdown or accident. The Customer is not absolved from the requirements to ensure, so far as is reasonably practicable, that safeguard the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at workgiving such notification; (c) ensure (at the Customer’s own expense) the daily maintenance of maintain the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good as is required by Protrade (including, but not limited to, maintaining (where applicable) water, oil and substantial repair fluid levels and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only exceptedtyre pressures); (d) comply operate the Equipment safely, strictly in accordance with all handover instructions provided the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by the Hirer Protrade or posted on installation of the Equipment; (e) make no alteration ensure that: (i) all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent provide evidence of the Hirer Title and property in all substitutions, replacements, renewals made in or same to the Equipment shall vest in the Hirer immediately on installationProtrade upon request; (fii) keep the Hirer fully informed operator of all material matters relating any Equipment is not under the influence of alcohol or any drug that may impair their ability to operate the Equipment; (iii) all reasonable care is taken by the driver in handling and/or parking the Equipment and that the Equipment is left locked and/or securely stored when not in use. (f) be liable for any parking or traffic infringement, impoundment, towage and storage costs incurred during the hire period and will supply relevant details as required by the Police and/or Protrade relating to any such matters or occurrences. (g) keep comply with all workplace health and safety laws relating to the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consentits operation; (h) permit on termination of the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on hire, deliver the Equipment at complete with all reasonable times parts and for such purpose accessories, clean and in good order as delivered, fair wear and tear accepted, to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repairProtrade; (i) not, without refuel the Equipment prior written consent to its return from hire. In the event the Equipment needs to be refuelled upon its return from hire then the costs of refuelling shall be charged to the Customer in addition to the costs of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of ithire; (j) keep the Equipment in their own possession and control and shall not without assign the prior written consent benefit of the Hirer, attach hire Contract nor be entitled to lien over the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removalEquipment; (k) employ the Equipment solely in its own work and shall not do permit the Equipment or permit any part thereof to be done used by any act or thing which will or may jeopardise the right, title or interest other party for any other work; (l) indemnify and hold harmless Protrade in respect of all claims arising out of the Hirer Customer’s use of the Equipment. 25.2 The Customer shall not: (a) alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment and, where the Equipment has become affixed to or in any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove other manner interfere with the Equipment; (lb) continue to make payment exceed the recommended or legal load and capacity limits of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (mc) not suffer use or permit the Equipment to be confiscatedcarry any illegal, seized prohibited or taken out of its possession dangerous substance in or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (pd) allow the Hirer or its representatives access to the Delivery Address or fix any premises where of the Equipment in such a manner as to make it legally a fixture forming part of any freehold. 25.3 Immediately on request by Protrade the Customer will pay: (a) the new list price of any Equipment that is located for the purpose of removing whatever reason destroyed, written off or not returned to Protrade; (b) all costs incurred in cleaning the Equipment; (qc) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, costs of repairing any damage caused by: (i) the ordinary use of the Equipment up to facilitate and enable Delivery and installation an amount equal to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by new list price of the Hirer from time to timeEquipment; (rii) not do the negligence of the Customer or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form.agent; 10.2 The Customer acknowledges that (iii) vandalism, or (in Protrade’s reasonable opinion) in any way whatsoever other than by the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling ordinary use of the Equipment by the Customer. (d) the cost of fuels and consumables provided by Protrade and used by the Customer; (e) any: (i) lost hire fees Protrade would have otherwise been entitled to for the Equipment, under this, or otherwise any other hire agreement; (ii) costs incurred by Protrade in picking up and returning the Equipment to Protrade’s premises if the Customer does not return the Equipment to Protrade’s premises or any pre-agreed pickup location when it was originally agreed that the Customer would do so; (iii) insurance excess payable in relation to a claim made by either the Customer or Protrade in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss irrespective of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred whether charged by the Hirer arising out of, Customer’s insurers or in connection with any failure by the Customer to comply with the terms of this AgreementProtrade’s.

Appears in 1 contract

Sources: Service Agreement

Customer’s Responsibilities. 10.1 5.1 The Customer shall during will provide the term Company with such information as it may reasonably need concerning the Customer’s operations and answers to queries, decisions and approvals which may be reasonably necessary for the Consultant to undertake the Services. The Customer is responsible for ensuring that such information and answers are accurate and complete. 5.2 The Customer will provide free of this Agreement charge the following facilities to the Company and its Consultant throughout the Hire Period:Customer’s normal business hours and at such other times as the Customer authorises after reasonable prior notice from the Company and/or its Consultant (such authorisation not to be unreasonably withheld or delayed): (a) ensure that the Equipment is kept access to and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (at the Customer’s own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation use of the Equipment; (eb) make no alteration access to the Customer’s employees and the Customer’s Premises; (c) all electric power, lighting, heating and air conditioning at the Customer’s Premises reasonably needed by the Consultant to perform the Services; (d) to the extent the Consultant needs to work on the Customer’s Premises, office space readily accessible to the Equipment which is suitable for this purpose and shall not remove the provision of normal office services, including first aid, photocopying, telephone and facsimile facilities (but excluding any existing component (or componentssecretarial support, typing and photocopying facilities needed to produce any documentation for which the Consultant is responsible) from and such facilities may be used only for the Equipment without the prior written consent purpose of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installationServices; (fe) keep the Hirer fully informed of all material matters relating to competent operators for the Equipment;. (g) keep the Equipment at all times at the Delivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and 5.3 The Customer will be responsible for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period ensuring that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to is properly installed and is sufficient and suitable for its purpose and that any adjustments which may be confiscated, seized or taken required are carried out of its possession or control under any distress, execution or other legal process, but if the Equipment expeditiously. The Customer is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall responsible at its sole own expense use its best endeavours for the prompt and continuing availability to procure an immediate release the Consultant of the Equipment and shall indemnify any other computing facilities to be provided by the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result Customer in good working order throughout the duration of such confiscation;this Agreement. (n) not use the Equipment for any unlawful purpose; (o) 5.4 The Customer will ensure that at all times software other than the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect Deliverables which is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where used on the Equipment is located for either the purpose property of removing the Equipment;Customer or legally licensed to the Customer and that the Consultant is permitted to use such software. (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be 5.5 The Company may suspend Services carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in at the Customer’s quotation and Confirmation Form's Premises if the Company reasonably believes conditions at the Customer's Premises represent a health or safety hazard to any of the Consultants. 10.2 5.6 The Customer acknowledges that if it has asked for or approved the Hirer shall not be responsible for inclusion of any loss of or damage to third party software in the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and Deliverables; the Customer shall indemnify be responsible, unless the Hirer Company has otherwise specifically agreed in full against all liabilitieswriting, costs, expenses, damages for the cost of and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basisfor obtaining the necessary licence(s) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer pertaining to comply with the terms of this Agreementthat third party software.

Appears in 1 contract

Sources: Services Agreement

Customer’s Responsibilities. 10.1 6.1 The Customer shall during the term of this Agreement warrants, represents and throughout the Hire Periodundertakes that: (a) ensure it has the full capacity and authority to enter into and perform this agreement and that this agreement is executed by a duly authorised representative of the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsCustomer; (b) take such steps (it has the authority to grant any rights to be granted to Bytes under this Agreement, including compliance with all safety and usage instructions provided by the Hirer) right to provide the any software and/or hardware as may be necessary indicated from time to ensure, so far as is reasonably practicable, that time in a Statement of Work and for the Equipment is at all times safe same to be used in the provision of the Services and without risk to health when it is being set, used, cleaned or maintained by a person at workotherwise in connection with this Agreement; (c) ensure (at it shall comply with and use the Customer’s own expense) the daily maintenance of the Equipment strictly Services in accordance with the Hirer’s instructions terms of this Agreement (including any terms notified to keep the Equipment in good Customer by way of the Quotation or Statement of Work) and substantial repair all Applicable Laws, and in as good an operating condition as it was on shall not do any act that shall infringe the Delivery Date rights of any third party including the publishing or date transmission of Pick-Up (fair wear and tear only excepted)any materials contrary to relevant laws; (d) comply with it owns or has obtained valid licences, consents, permissions, and rights to use, and where necessary to license to Bytes, any materials reasonably necessary for the fulfilment of all handover instructions provided by the Hirer on installation its obligations under this agreement, including any third-party licences and consents in respect of the Equipment;any software; and (e) make no alteration Bytes’ possession and use in accordance with this Agreement of any materials (including third-party materials supplied by the Customer to the Equipment and Bytes) shall not remove cause Bytes to infringe the rights, including any existing component (or components) from the Equipment without the prior written consent Intellectual Property Rights, of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation;any third party. (f) keep the Hirer fully informed of it shall co-operate with Bytes in all material reasonable matters relating to the Equipment;in a timely manner; and (g) keep the Equipment at all times at the Delivery Address and it shall not move or attempt provide to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at Bytes in a timely manner all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be locateddocument, information, items, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; materials in any form (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused whether owned by the Customer or a third party) required for Bytes to carry out its officersduties under this Agreement and ensure that they are accurate and complete in all material respects which Bytes shall rely on. 6.2 If Bytes performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Customer, employeesits agents, agents and contractorsubcontractors, and consultants, or employees then, without prejudice to any other right or remedy it may have, Bytes shall be allowed an extension of time to perform its obligations equal to the delay caused by the Customer. 6.3 The Customer grants Bytes the right to use the Customer shall indemnify as a reference for any Services provided in the Hirer form of a case study (or similar) in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of this Agreementfuture.

Appears in 1 contract

Sources: General Terms and Conditions

Customer’s Responsibilities. 10.1 9.1. The Customer shall during the term of this Agreement and throughout the Hire Periodagreement: (a) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructionsusage instructions provided by RED; (b) take such steps (including compliance with all safety and usage instructions provided by the HirerRED) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) ensure (maintain at the Customer’s its own expense) the daily maintenance of the Equipment strictly in accordance with the Hirer’s instructions to keep expense the Equipment in good and substantial repair and in order to keep it in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; (ed) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of RED unless the Hirer component (or components) is (or are) replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved or advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer RED immediately on installation; (fe) keep the Hirer RED fully informed of all material matters relating to the Equipment; (gf) keep the Equipment at all times at the Delivery Address Site and shall not move or attempt to move any part of the Equipment to any other location without the HirerRED's prior written consent; (hg) permit the Hirer RED or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection inspection; h) maintain operating and maintenance and/or repairrecords of the Equipment and make copies of such records readily available to RED, together with such additional information as RED may reasonably require; (i) not, without the prior written consent of the HirerRED, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the HirerRED, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer RED against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer RED in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer RED may enter such land or building and recover the Equipment both during the term of this Agreement agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer RED of any rights such person may have or acquire in the Equipment and a right for the Hirer RED to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer RED and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer RED on demand against all losses, costs, charges, damages and expenses reasonably incurred as a result of such confiscation; (nm) not use the Equipment for any unlawful purpose; (on) ensure that at all times the Equipment remains identifiable as being the HirerRED's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (po) deliver up the Equipment at the end of the Rental Period at such address as RED requires, or if necessary allow the Hirer RED or its representatives access to the Delivery Address Site or any premises where the Equipment is located for the purpose of removing the Equipment;; and (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (rp) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and7.2.‌ 9.2. In circumstances where the Customer fails to return the Equipment to RED upon expiration of the Rental Period or termination of this Agreement (s) comply with any and whichever is earlier), or returns the Equipment damaged, the Customer shall be liable to pay RED replacement charges for the Equipment on a new for old basis, as communicated by RED from time to time in addition to all additional terms, exclusions and responsibilities as set out in rental charges incurred prior to the Customer’s quotation and Confirmation Formscheduled return of the Equipment. 10.2 9.3. The Customer acknowledges that the Hirer RED shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractorcontractors, and the Customer shall indemnify the Hirer RED in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] reasonable professional costs and expenses) suffered or incurred by the Hirer RED arising out of, or in connection with any failure by the Customer to comply with its obligations in this clause 0. 9.4. In order to facilitate RED’s provision of the terms Services, the Customer shall: a) provide RED a complete and accurate description of Services required and/or the Material including type, character and quantity (including in the case of Waste a Declaration Form), the Site and/or Collection Point and where required a fully representative sample, description and/or analysis of the Material provided by a laboratory operating to a recognised quality standard (or where required by RED allow RED to inspect, analyse and/or take samples of the Material) and such other information and materials as may be necessary in order for RED to supply the Goods or Services in accordance with Relevant Legislation; b) immediately notify RED of any change to or error in any information provided pursuant to clause 9.4(a), and in the event of such notification RED reserves the right to revise the Quote as necessary; c) inform RED of all health and safety rules and regulations and any other reasonable security requirements (including any particular requirements of the Customer or any other party benefitting from the Services relating to safety or environmental protection) that apply at the Customer’s premises, the Site or the Collection Point (as the case may be) or to the provision of the Services; d) provide RED, its employees, agents, consultants and subcontractors, with sufficient vehicular access to the Customer’s premises, Site or the Collection Point (as the case may be), access to office accommodation and other facilities as reasonably required by RED to provide the Services; e) ensure that all Customer’s Equipment is in good working order and suitable for the purposes for which it is used and conforms to all Relevant Legislation; f) obtain and maintain all necessary or appropriate permits, licences, permissions, consents, exemptions or certificates which may be required for the performance and acceptance of Services before the date on which the Services are to start and provide the same to RED as may be required by the Quote or upon request; g) ensure that all drummed and/or packaged Waste is in a sealed container of the correct UN Specification (if applicable), is in a safe condition for handling and transportation and is correctly labelled, all in accordance with the Relevant Legislation and if not, without affecting any other right or remedy available to RED, the Customer agrees to pay RED any additional costs in respect of the provision of suitable containers, and associated labour to repack the Waste, to comply with Relevant Legislation; h) not overload or overfill the Equipment, or set fire to the contents of the Equipment or interfere with the mechanism of the Equipment. The maximum weight shall be as set out in the Quote. If the maximum weight limit is exceeded, RED reserves the right to apply additional charges as set out in the Quote; and i) ensure that, if either a sample or description of the Material is provided to RED, that the sample or description is a real and proper reflection of the Material and if not, without affecting any other right or remedy available to RED, the Customer agrees to either: i. remove the Material at its own cost and: ii. pay RED for any costs RED has incurred up until and including the date of removal; and iii. pay RED an administration fee being 20% of the total cost of the charges specified in the Quote; or iv. pay RED any additional costs (including a profit element) incurred to dispose of the Waste which does not accord to the sample or description provided by the Customer; 9.5. The Customer warrants and agrees that: a) at all times the Waste that the Customer presents for removal pursuant to the Agreement shall exclude any materials and substances not included in the Waste detailed in the Quote (“Excluded Waste”) and if Excluded Waste is included by the Customer for removal for any reason, the Customer shall indemnify RED in relation to any liabilities suffered by RED in connection with such Excluded Waste; b) all information in the Declaration Form is true and accurate and contains no errors or omissions; and c) there are no foreign objects in any Waste destined for the shredder, and the Customer further acknowledges and agrees that RED shall have no liability to the Customer in the event of any breach by the Customer of this Agreementclause 9.5. 9.6. If RED’s performance of its obligations under the agreement is prevented or delayed by an act or omission of the Customer, its agents, its subcontractors, consultants or employees, RED shall: a) not be liable for any costs, charges or losses suffered or incurred by the Customer that arise directly or indirectly from such prevention or delay; b) be entitled to payment of the Service Charges and Rental Payments despite any such prevention or delay; and c) be entitled to recover any additional costs, charges or losses RED sustains or incurs that arise directly or indirectly from such prevention or delay. 9.7. Where the Customer fails to confirm its acceptance of any costs set out in clauses 9.4(i)ii, iii or iv within 48 hours of notification or demand the Customer shall also pay storage costs for any Waste which differs materially from the information provided pursuant to clauses 9.4(a), 9.4(g) and 9.4(h) remaining on RED’s property after the expiry of such 48 hour period. 9.8. If Waste which is recyclable is, in RED’s reasonable opinion, contaminated then RED may refuse to complete the collection and charge the Customer a reasonable fee as set out in the Quote for such attempted collection.

Appears in 1 contract

Sources: Equipment Hire and Service Provision Agreement

Customer’s Responsibilities. 10.1 The Customer undertakes to check the Equipment as soon as it is received at DAP Contractor’s base, including calibration made by the Contractor. Any complaints concerning the Equipment shall be made by the Customer within two (2) business days to the Contractor. Final determination of the suitability of the Equipment for the specific use is solely the Customer’s responsibility. The Customer shall during take reasonable care of the term Equipment and keep it properly maintained and shall only use the Equipment for its proper purpose in a safe and correct manner in accordance with the instructions provided to it by the Contractor. The Customer must not attempt to repair the Equipment without prior written authorisation in writing from the Contractor and shall also not interfere with the Equipment, its working mechanisms or any other parts of this Agreement and throughout the Hire Period: Equipment. Routine maintenance, (aincluding oil level, water level including antifreeze protection, battery charging, greasing, along with any other specific instructions intimated to the Customer) is solely the responsibility of the Customer. If or when the Equipment requires fuel, oil and/or electricity, the Customer shall ensure that the Equipment proper type and/or voltage is kept used and operated in a suitable environmentthat, used only for the purposes for which it is designedwhere appropriate, and operated in a proper manner by trained competent staff in accordance with any operating instructions; (b) take such steps (including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained properly installed by a qualified and competent person. The Customer shall take all reasonable steps to keep itself acquainted with the state and condition of the Equipment. If such Equipment be continued at work or in use in an unsafe, unsatisfactory state or environment, the Customer shall be solely responsible for any and all damages, losses or accidents whether directly or indirectly arising therefrom. The Customer shall provide formal proof that the person at work; (c) ensure (at engaged to conduct the Customer’s own expense) maintenance is duly qualified in his profession. Provided further that in any case including where the daily person conducting the maintenance of the Equipment strictly in accordance with is qualified as required under this Clause 8, the Hirer’s instructions Customer remains liable for all damages, losses or claims resulting from failure, omission or negligence on the part of the Customer and its obligations under this Clause 8. The Customer shall take adequate and proper measures to keep protect the Equipment in good and substantial repair and in as good an operating condition as it was on the Delivery Date or date of Pick-Up (fair wear and tear only excepted); (d) comply with all handover instructions provided by the Hirer on installation of the Equipment; (e) make no alteration to the Equipment and from theft, damage and/or other risks. The Customer shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation; (f) keep the Hirer fully informed of all material matters relating to the Equipment; (g) keep the Equipment at all times at the Delivery Address in own possession and control and shall not move or attempt to move any part of the Equipment to any other location across borders without the Hirer's Contractor’s express prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may . The Contractor shall be located, and shall grant reasonable access and facilities for such inspection and maintenance and/or repair; (i) not, without the prior written consent of the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (j) not without the prior written consent of the Hirer, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of such affixation or removal; (k) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such land or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Hirer of any rights such person may have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (l) continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that permitted at all times to inspect the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives including access to the Delivery Address or any premises site where the Equipment is located for situated. The Customer shall not deny the purpose Contractor access to assess the Equipment in this regard. The Customer must return the Equipment together with all parts belonging to the Contractor in good working order and condition (with the exception of removing fair wear and tear) in a clean condition together with all licences, registration and other documents relating to the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including the materials, facilities, access and any working conditions notified to it . Spare parts purchased by the Hirer from time to time; (r) Customer cannot do or permit to be done anything which could invalidate the insurances referred returned unless agreed to in clause 9; and (s) comply with writing by the Contractor. The Contractor reserves all rights provided under law in respect of any and all additional termsdamages, exclusions and responsibilities as set out in the Customer’s quotation and Confirmation Form. 10.2 The Customer acknowledges that the Hirer shall not be responsible for any loss of losses or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise claims caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the Hirer arising out of, or in connection with any failure by the Customer to comply with the terms of under this AgreementClause 8.

Appears in 1 contract

Sources: Rental Agreement