Common use of Equipment Responsibilities Clause in Contracts

Equipment Responsibilities. 11.1 At the time Chorus’ Equipment is supplied, Chorus will use all reasonable endeavours to make sure it is safe, durable and approved for connection to the rest of Chorus’ Network. 11.2 Where Chorus supplies the Service Provider with Chorus’ Equipment, the Service Provider will, from the time Chorus’ Equipment is delivered to the Service Provider or the Service Provider’s Customer’s site, where applicable: (a) leave Chorus’ Equipment installed and not use it otherwise than in accordance with the Operations Manual; (b) protect Chorus’ Equipment from radio or electrical interference, power fluctuations, abnormal environmental conditions, theft and any other risks of loss or damage, except where such risks of loss or damage are caused by Chorus; (c) meet any requirements set out in the Operations Manual relating to Chorus’ Equipment; (d) if Chorus’ Equipment is lost, stolen or damaged, notify Chorus directly and pay for repairing or replacing it, except where the loss, theft or damage was caused by the Chorus Group; (e) follow Chorus’ reasonable directions when using Chorus’ Equipment and never use Chorus’ Equipment for purposes for which it is not designed; and (f) not encumber Chorus’ title to Chorus’ Equipment or expose such title to third party claims and notify Chorus if it becomes aware of any third party claim. 11.3 When Chorus’ Equipment is no longer required the Service Provider must: (a) return Chorus’ Equipment to Chorus; (b) take reasonable care to avoid causing damage when returning Chorus’ Equipment to Chorus and be responsible for any damage to Chorus’ Equipment; and (c) pay all Charges for Chorus’ Equipment until such time as it is returned to Chorus. 11.4 If the Service Provider fails to return Chorus’ Equipment under clause 11.3, or if Chorus notifies the Service Provider that it will remove Chorus’ Equipment, Chorus may remove it and the Service Provider will get any consents required for Chorus to do this (such as landlord’s or owner’s consent). The Service Provider will be responsible to repair or reinstate any premises, fixtures or other equipment from which Chorus’ Equipment is removed. Chorus and the Service Provider will take reasonable care to avoid causing damage when removing Chorus’ Equipment, provided such damage has not been caused as a result of any negligent act or omission of Chorus. 11.5 Notwithstanding clauses 11.3 and 11.4, Chorus may reclaim Chorus’ Equipment on the giving of reasonable Notice if the person in possession of the equipment no longer has any legal or contractual right to retain it, or if Chorus can reasonably demonstrate the equipment may be in jeopardy, and the Service Provider will obtain any necessary consent to facilitate this. The Service Provider will be responsible to repair or reinstate any premises, fixtures or other equipment from which Chorus’ Equipment is removed, provided such damage has not been caused as a result of any negligent act or omission of Chorus. 11.6 Chorus must: (a) maintain Chorus’ Equipment to the same specifications that Chorus maintains equivalent equipment used to supply equivalent services to itself or Chorus’ Customers; and (b) where necessary to ensure the Service Provider is able to meet its obligations under clause 11.2 provide the Service Provider with adequate and timely information regarding these specifications.

Equipment Responsibilities. 11.1 At the time Chorus’ ' Equipment is supplied, Chorus will use all reasonable endeavours to make sure it is safe, durable and approved for connection to the rest of Chorus’ Network.' Network.‌ 11.2 Where Chorus supplies the Service Provider with Chorus’ ' Equipment, the Service Provider will, from the time Chorus’ ' Equipment is delivered to the Service Provider or the Service Provider’s 's Customer’s 's site, where applicable: (a) leave Chorus’ ' Equipment installed and not use it otherwise than in accordance with the Operations Manual; (b) protect Chorus’ ' Equipment from radio or electrical interference, power fluctuations, abnormal environmental conditions, theft and any other risks of loss or damage, except where such risks of loss or damage are caused by Chorus; (c) meet any requirements set out in the Operations Manual relating to Chorus’ Equipment;' Equipment;‌ (d) if Chorus’ ' Equipment is lost, stolen or damaged, notify Chorus directly and pay for repairing or replacing it, except where the loss, theft or damage was caused by the Chorus Group; (e) follow Chorus’ ' reasonable directions when using Chorus’ ' Equipment and never use Chorus’ ' Equipment for purposes for which it is not designed; and (f) not encumber Chorus’ ' title to Chorus’ ' Equipment or expose such title to third party claims and notify Chorus if it becomes aware of any third party claim.claim.‌‌ 11.3 When Chorus’ ' Equipment is no longer required the Service Provider must: (a) return Chorus’ ' Equipment to Chorus; (b) take reasonable care to avoid causing damage when returning Chorus’ ' Equipment to Chorus and be responsible for any damage to Chorus’ ' Equipment; and (c) pay all Charges for Chorus’ ' Equipment until such time as it is returned to Chorus.Chorus.‌‌ 11.4 If the Service Provider fails to return Chorus’ ' Equipment under clause 11.3, or if Chorus notifies the Service Provider that it will remove Chorus’ ' Equipment, Chorus may remove it and the Service Provider will get any consents required for Chorus to do this (such as landlord’s 's or owner’s 's consent). The Service Provider will be responsible to repair or reinstate any premises, fixtures or other equipment from which Chorus’ ' Equipment is removed. Chorus and the Service Provider will take reasonable care to avoid causing damage when removing Chorus’ ' Equipment, provided such damage has not been caused as a result of any negligent act or omission of Chorus. 11.5 Notwithstanding clauses 11.3 and 11.4, Chorus may reclaim Chorus’ ' Equipment on the giving of reasonable Notice if the person in possession of the equipment no longer has any legal or contractual right to retain it, or if Chorus can reasonably demonstrate the equipment may be in jeopardy, and the Service Provider will obtain any necessary consent to facilitate this. The Service Provider will be responsible to repair or reinstate any premises, fixtures or other equipment from which Chorus’ ' Equipment is removed, provided such damage has not been caused as a result of any negligent act or omission of Chorus.Chorus.‌ 11.6 Chorus must: (a) maintain Chorus’ ' Equipment to the same specifications that Chorus maintains equivalent equipment used to supply equivalent services to itself or Chorus’ ' Customers; andand‌ (b) where necessary to ensure the Service Provider is able to meet its obligations under clause 11.2 provide the Service Provider with adequate and timely information regarding these specifications.clause