Equipment Lease. a) If as part of your subscription you are leasing equipment, we will lease to you equipment as set out on the Order (the “Equipment”). The Equipment is provided “as is” without warranties or conditions of any kind, either express or implied, including any warranty of satisfactory quality, fitness for a particular purpose, or freedom from interference or infringement. You bear the entire risk of loss to the Equipment from the date of dispatch by us to you. We are not liable for any loss, damage or expense caused directly or indirectly by the Equipment. All warranties, if any, with respect to the Equipment are made by the manufacturer of the Equipment. b) You are leasing the Equipment for the term set out in the Order (the “Lease Term”). c) You may from time to time request that we agree to the termination of the lease during the Lease Term. Should you wish to terminate, we will provide you with a written quotation setting forth the basis on which any agreed termination shall take place, which shall take into account all lease payments up to the date of the quotation. Such quotation shall remain valid unless and until you request a further quotation. d) When the lease is for any reason is terminated during the Lease Term, you must pay to us all amounts already due to us plus all lease payments which would have been payable by you, less a discount at the rate of 3% per annum from the date each payment would have fallen due to the termination date. e) Your lease will continue into a renewal period after the end of the Lease Term at the same payment frequency unless at least 1 month’s prior written notice is given by either party to the other expiring no earlier than the last day of the Lease Term. f) Risk of loss and Insurance: (i) Risk of loss to Equipment passes to you from the date of dispatch of the Equipment to you until the Equipment is returned to, and received by, us, regardless of cause, ordinary wear and tear excepted (“Loss”). (ii) no Loss will relieve you of any of your obligations under the Lease. You must immediately notify us in writing of any Loss. (iii) to protect the Equipment from Loss, you will either (1) keep the Equipment insured against Loss for its full replacement value under a comprehensive policy of insurance or other arrangement with an insurer of your choice, provided that it is reasonably satisfactory to us (“Insurance”); or (2) be enrolled in ValueMAX. “ValueMAX” is our product replacement programme and a waiver by us of your obligation to insure the Equipment and where we assume the risk of loss or damage to the Equipment upon your payment to us of a fee. This is not insurance. (iv) You must provide us with evidence of Insurance by calling us on ▇▇▇▇▇ ▇▇▇▇▇▇ or sending it to us in accordance with the instructions on our website (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/uk/valuemax-change-request.html) within 30 days of signing this Agreement. If you do not provide evidence of Insurance and have not previously enrolled in ValueMAX, we may include the Equipment in the ValueMAX program and charge you a fee, which we will include as an additional charge on your invoice. (v) We will provide written notice reminding you of your Insurance obligations described above in section 8 f) (iii). (vi) If the Equipment is included in the ValueMAX program and any damage or destruction to the Equipment occurs (other than from your negligence or misconduct, which is not covered by ValueMAX), we will (unless you are in default) repair or replace the Equipment.
Appears in 2 contracts
Sources: Software Subscription Services and Equipment Agreement, Software Subscription Services and Equipment Agreement
Equipment Lease. a) If as part of your subscription Order you are leasing equipment, we will lease to you equipment as set out on the Order (the “Equipment”). The Equipment is provided “as is” without warranties or conditions of any kind, either express or implied, including any warranty of satisfactory quality, fitness for a particular purpose, or freedom from interference or infringement. You bear the entire risk of loss to the Equipment from the date of dispatch by us to you. We are not liable for any loss, damage or expense caused directly or indirectly by the Equipment. All warranties, if any, with respect to the Equipment are made by the manufacturer of the Equipment.
b) You are leasing the Equipment for the term set out in the Order (the “Lease Term”).
c) You may from time to time request that we agree to the termination of the lease during the Lease Term. Should you wish to terminate, we will provide you with a written quotation setting forth the basis on which any agreed termination shall take place, which shall take into account all lease payments up to the date of the quotation. Such quotation shall remain valid unless and until you request a further quotation.
d) When the lease is for any reason is terminated during the Lease Term, you must pay to us all amounts already due to us plus all lease payments which would have been payable by you, less a discount at the rate of 3% per annum from the date each payment would have fallen due to the termination date.
e) Your lease will continue into a renewal period after the end of the Lease Term at the same payment frequency unless at least 1 month’s prior written notice is given by either party to the other expiring no earlier than the last day of the Lease Term.
f) Risk of loss and Insurance:
(i) Risk of loss to Equipment passes to you from the date of dispatch of the Equipment to you until the Equipment is returned to, and received by, us, regardless of cause, ordinary wear and tear excepted (“Loss”).
(ii) no Loss will relieve you of any of your obligations under the Lease. You must immediately notify us in writing of any Loss.
(iii) to protect the Equipment from Loss, you will either (1) keep the Equipment insured against Loss for its full replacement value under a comprehensive policy of insurance or other arrangement with an insurer of your choice, provided that it is reasonably satisfactory to us (“Insurance”); or (2) be enrolled in ValueMAX. “ValueMAX” is our product replacement programme and a waiver by us of your obligation to insure the Equipment and where we assume the risk of loss or damage to the Equipment upon your payment to us of a fee. This is not insurance.
(iv) You must provide us with evidence of Insurance by calling us on ▇▇▇▇▇ ▇▇▇▇▇▇ or sending it to us in accordance with the instructions on our website (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/uk/valuemax-change-request.html) within 30 days of signing this Agreement. If you do not provide evidence of Insurance and have not previously enrolled in ValueMAX, we may include the Equipment in the ValueMAX program and charge you a fee, which we will include as an additional charge on your invoice.
(v) We will provide written notice reminding you of your Insurance obligations described above in section 8 f) (iii).
(vi) If the Equipment is included in the ValueMAX program and any damage or destruction to the Equipment occurs (other than from your negligence or misconduct, which is not covered by ValueMAX), we will (unless you are in default) repair or replace the Equipment.
(vii) We are not liable to you if we terminate the ValueMAX program and we can amend the ValueMAX charge at anytime on written notice to you.
Appears in 1 contract
Sources: Software Subscription Services and Equipment Agreement
Equipment Lease. a) We own all leased Equipment.
b) If as part of your subscription Order you are leasing equipment, we will lease to you equipment as set out on the Order (the “Equipment”). The Equipment is provided “as is” without warranties or conditions of any kind, either express or implied, including any warranty of satisfactory quality, fitness for a particular purpose, or freedom from interference or infringement. You bear the entire risk of loss to the Equipment from the date of dispatch by us to you. We are not liable for any loss, damage or expense caused directly or indirectly by the Equipment. All warranties, if any, with respect to the Equipment are made by the manufacturer of the Equipment.
bc) You are leasing the Equipment for the term set out in the Order (the “Lease Term”).
cd) We may end this lease during the Lease Term or any renewal period by giving you written notice if you do not pay us on time.
e) You must take care of the Equipment, keep the Equipment in your possession and under your control and keep them in good working order.
f) You must pay all costs (legal or otherwise) reasonably incurred by us in repossessing the Equipment and having any repairs carried out which are made necessary by reason of any breach by you of Section 8(e).
g) You must use the Equipment only in accordance with the manufacturers’ instructions.
h) You must not without our written permission charge, part with, sell, or move the Equipment from the installation address.
i) You may from time to time request that we agree to the termination of the lease during the Lease Term. Should you wish to terminate, we will provide you with a written quotation setting forth the basis on which any agreed termination shall take place, which shall take into account all lease payments up to the date of the quotation. Such quotation shall remain valid unless and until you request a further quotation.
dj) When the lease is for any reason is terminated during the Lease Term, you must pay to us all amounts already due to us plus all lease payments which would have been payable by you, less a discount at the rate of 3% per annum from the date each payment would have fallen due to the termination date.
ek) Your lease will continue into a renewal period after the end of the Lease Term at the same payment frequency unless at least 1 month’s prior written notice is given by either party to the other expiring no earlier than the last day of the Lease Term.
fl) On termination or expiration of the Lease Term, you will no longer have our permission to keep the Equipment and you will in accordance with instructions provided to you, arrange to return the Equipment (complete with all ancillary items originally supplied) in Average Saleable Condition to us, where “Average Saleable Condition” means the Equipment is immediately available for use by any other customer, other than you, without the need for repair or remanufacture.
m) If you do not cooperate with the return of the Equipment you must:
(i) Allow us to enter into the installation address so we may collect our Equipment and, if we have to collect them ourselves, pay us our reasonable costs for collection;
(ii) pay us the full replacement cost of the Equipment if we are prevented from collecting, or you no longer have the Equipment, or for any repairs we need to carry out so that the Equipment (complete with all ancillary items originally supplied) is in an Average Saleable Condition;
(iii) continue to pay lease payments on a pro-rata basis until all the Equipment are returned and accepted by us.
n) We will invoice you for any costs payable under Section 8 (m) and payment is due within thirty (30) days from date of invoice.
o) Risk of loss and Insurance:
(i) Risk of loss to Equipment passes to you from the date of dispatch of the Equipment to you until the Equipment is returned to, and received by, us, regardless of cause, ordinary wear and tear excepted (“Loss”).
(ii) no Loss will relieve you of any of your obligations under the Lease. You must immediately notify us in writing of any Loss.
(iii) to protect the Equipment from Loss, you will either (1) keep the Equipment insured against Loss for its full replacement value under a comprehensive policy of insurance or other arrangement with an insurer of your choice, provided that it is reasonably satisfactory to us (“Insurance”); or (2) if available for the Equipment, be enrolled in ValueMAX. “ValueMAX” is our product replacement programme and a waiver by us of your obligation to insure the Equipment and where we assume the risk of loss or damage to the Equipment upon your payment to us of a fee. This is not insurance.
(iv) You must provide us with evidence of Insurance by calling us on ▇▇▇▇▇ ▇▇▇▇▇▇ or sending it to us in accordance with the instructions on our website (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/uk/valuemax-change-request.htmlvaluemax- change-request.html) within 30 days of signing this Agreement. If you do not provide evidence of Insurance and have not previously enrolled in ValueMAX, we may include the Equipment in the ValueMAX program and charge you a fee, which we will include as an additional charge on your invoice.
(v) We will provide written notice reminding you of your Insurance obligations described above in section 8 fo) (iii).
(vi) If the Equipment is included in the ValueMAX program and any damage or destruction to the Equipment occurs (other than from your negligence or misconduct, which is not covered by ValueMAX), we will (unless you are in default) repair or replace the Equipment.
(vii) We are not liable to you if we terminate the ValueMAX program and we can amend the ValueMAX charge at any time on written notice to you.
(viii) ValueMAX is not available for locker products.
Appears in 1 contract
Sources: Software Subscription Services and Equipment Agreement
Equipment Lease. a) If as part of your subscription you are leasing equipment, we will lease to you equipment as set out on the Order (the “Equipment”). The Equipment is provided “as is” without warranties or conditions of any kind, either express or implied, including any warranty of satisfactory quality, fitness for a particular purpose, or freedom from interference or infringement. You bear the entire risk of loss to the Equipment from the date of dispatch by us to you. We are not liable for any loss, damage or expense caused directly or indirectly by the Equipment. All warranties, if any, with respect to the Equipment are made by the manufacturer of the Equipment.
b) You are leasing the Equipment for the term set out in the Order (the “Lease Term”).
c) You may from time to time request that we agree to the termination of the lease during the Lease Term. Should you wish to terminate, we will provide you with a written quotation setting forth the basis on which any agreed termination shall take place, which shall take into account all lease payments up to the date of the quotation. Such quotation shall remain valid unless and until you request a further quotation.
d) When the lease is for any reason is terminated during the Lease Term, you must pay to us all amounts already due to us plus all lease payments which would have been payable by you, less a discount at the rate of 3% per annum from the date each payment would have fallen due to the termination date.
e) Your lease will continue into a renewal period after the end of the Lease Term at the same payment frequency unless at least 1 month’s prior written notice is given by either party to the other expiring no earlier than the last day of the Lease Term.
f) Risk of loss and Insurance:
(i) Risk of loss to Equipment passes to you from the date of dispatch of the Equipment to you until the Equipment is returned to, and received by, us, regardless of cause, ordinary wear and tear excepted (“Loss”).
(ii) no Loss will relieve you of any of your obligations under the Lease. You must immediately notify us in writing of any Loss.
(iii) to protect the Equipment from Loss, you will either (1) keep the Equipment insured against Loss for its full replacement value under a comprehensive policy of insurance or other arrangement with an insurer of your choice, provided that it is reasonably satisfactory to us (“Insurance”); or (2) be enrolled in ValueMAX. “ValueMAX” is our product replacement programme and a waiver by us of your obligation to insure the Equipment and where we assume the risk of loss or damage to the Equipment upon your payment to us of a fee. This is not insurance.
(iv) You must provide us with evidence of Insurance by calling us on ▇▇▇▇▇ ▇▇▇▇▇▇ or sending it to us in accordance with the instructions on our website (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/uk/valuemax-change-request.html) within 30 days of signing this Agreement. If you do not provide evidence of Insurance and have not previously enrolled in ValueMAX, we may include the Equipment in the ValueMAX program and charge you a fee, which we will include as an additional charge on your invoice.
(v) We will provide written notice reminding you of your Insurance obligations described above in section 8 f) (iii).
(vi) If the Equipment is included in the ValueMAX program and any damage or destruction to the Equipment occurs (other than from your negligence or misconduct, which is not covered by ValueMAX), we will (unless you are in default) repair or replace the Equipment.
Appears in 1 contract
Sources: Software Subscription Services and Equipment Agreement