Replacement Equipment. a) The Company reserves the right to replace the whole of the Equipment or any part or parts thereof which may be found to be faulty or in need of investigation. If identical Equipment is not available for replacement the Company will install replacement Equipment of a higher specification provided always that if the permanent replacement Equipment is materially different the Company reserves the right to increase the Service Charges by not less than thirty (30) days notice in writing to the Customer in accordance with the Company’s standard charges from time to time. b) If the permanent replacement parts or equipment is not equipment which is identical in all material respects to the Equipment replaced the Company shall inform the Customer in writing. c) Within five (5) business days of being informed of replacement of non-identical equipment the Customer or End User shall have the right to request that the replacement equipment or any part or parts thereof be removed and either the Equipment be put back or other equipment materially identical to the Equipment be installed and the Company shall comply with such request as soon as reasonably possible. d) The replacement equipment shall become the property of the owner of the Equipment. With the exception of any defective parts containing Customer or End User data which will be left with the Customer or End User (as applicable), defective parts shall be returned to and become the property of the Company. e) Where the Equipment or any part or parts thereof removed become the property of the Company in accordance with sub-clause d) or as stated elsewhere in the Agreement, the Customer warrants that either it or the End User (as applicable) shall have a free and unencumbered title to such replaced parts or (where the Equipment is leased or charged) that it shall have obtained all necessary consents and authorities to part with possession and give good title to the replaced parts f) The provisions of the Agreement shall apply to all replacements and renewals of any part or parts of the Equipment made by the Company. g) Subject to the warranty set out the Company reserves the right to supply new, second-hand or reconditioned parts in the performance of its duties
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Replacement Equipment. a) The Company reserves the right to replace the whole of the Equipment or any part or parts thereof which may be found to be faulty or in need of investigation. If identical Equipment is not available for replacement the Company will install replacement Equipment of a higher specification provided always that if the permanent replacement Equipment is materially different the Company reserves the right to increase the Service Charges by not less than thirty (30) days notice in writing to the Customer in accordance with the Company’s standard charges from time to time.
b) Subject to the terms in this sub-clause b) corrective maintenance for solid state based (flash) hard drives and solid state based (flash) I/O cards ("SSD Hardware") is provided as part of the Services. SSD Hardware is not covered by the Services if (i) it has not been explicitly declared by the Customer and included as an item in the Schedule on a chargeable or non- chargeable basis; and/or (ii) it is considered a consumable as set forth in the manufacturer's documentation. For SSD Hardware requiring replacement that has reached its maximum supported lifetime and/or the maximum usage limits (collectively "End of Life") as set forth in the manufacturer's documentation, corrective maintenance may be subject to additional fees at the Company's sole discretion over and above any Service Charges, subject to confirmation at the time an Incident is logged. The Company is under no obligation to replace any End of Life SSD Hardware until any additional fees are approved by the Customer in writing. The Company reserves the right to audit any hardware containing SSD Hardware at a date and time agreed with the Customer.
c) If the permanent replacement parts or equipment is not equipment which is identical in all material respects to the Equipment replaced the Company shall inform the Customer in writing.
cd) Within five (5) business days of being informed of replacement of non-identical equipment the Customer or End User shall have the right to request that the replacement equipment or any part or parts thereof be removed and either the Equipment be put back or other equipment materially identical to the Equipment be installed and the Company shall comply with such request as soon as reasonably possible.
de) The replacement equipment shall become the property of the owner of the Equipment. With the exception of any defective parts containing Customer or End User data which will be left with the Customer or End User (as applicable), defective parts shall be returned to and become the property of the Company.
ef) Where the Equipment or any part or parts thereof removed become the property of the Company in accordance with sub-clause de) or as stated elsewhere in the Agreement, the Customer warrants that either it or the End User (as applicable) shall have a free and unencumbered title to such replaced parts or (where the Equipment is leased or charged) that it shall have obtained all necessary consents and authorities to part with possession and give good title to the replaced parts
fg) The provisions of the Agreement shall apply to all replacements and renewals of any part or parts of the Equipment made by the Company.
gh) Subject to the warranty set out herein the Company reserves the right to supply new, second-second- hand or reconditioned parts in the performance of its duties
Appears in 1 contract
Replacement Equipment. a) The Company Subcontractor reserves the right to replace the whole of the Equipment or any part or parts thereof which may be found to be faulty or in need of investigation. If identical Equipment is not available for replacement the Company Subcontractor will install replacement Equipment of a higher specification provided always that if the permanent replacement Equipment is materially different the Company Subcontractor reserves the right to increase the Service Charges by not less than thirty (30) days notice in writing to the Customer Company in accordance with the CompanySubcontractor’s standard charges from time to time.
b) Subject to the terms in this sub-clause b) corrective maintenance for solid state based (flash) hard drives and solid state based (flash) I/O cards ("SSD Hardware") is provided as part of the Services. SSD Hardware is not covered by the Services if (i) it has not been explicitly declared by the Company and included as an item in the Purchase Order on a chargeable or non-chargeable basis; and/or (ii) it is considered a consumable as set forth in the manufacturer's documentation. For SSD Hardware requiring replacement that has reached its maximum supported lifetime and/or the maximum usage limits (collectively "End of Life") as set forth in the manufacturer's documentation, corrective maintenance may be subject to additional fees at the Subcontractor's sole discretion over and above any Service Charges, subject to confirmation at the time an Incident is logged. The Subcontractor is under no obligation to replace any End of Life SSD Hardware until any additional fees are approved by the Company in writing. The Subcontractor reserves the right to audit any hardware containing SSD Hardware at a date and time agreed with the Company.
c) If the permanent replacement parts or equipment is not equipment which is identical in all material respects to the Equipment replaced the Company Subcontractor shall inform the Customer Company in writing.
cd) Within five (5) business days of being informed of replacement of non-identical equipment the Customer Company or End User shall have the right to request that the replacement equipment or any part or parts thereof be removed and either the Equipment be put back or other equipment materially identical to the Equipment be installed and the Company Subcontractor shall comply with such request as soon as reasonably possible.
de) The replacement equipment shall become the property of the owner of the Equipment. With the exception of any defective parts containing Customer Company or End User data which will may be left with retained at the Customer Company or End User (as applicable)User’s discretion, defective parts shall be returned to and become the property of the CompanySubcontractor.
ef) Where the Equipment or any part or parts thereof removed become the property of the Company Subcontractor in accordance with sub-clause de) or as stated elsewhere in the Agreement, the Customer Company warrants that either it or the End User (as applicable) shall have a free and unencumbered title to such replaced parts or (where the Equipment is leased or charged) that it shall have obtained all necessary consents and authorities to part with possession and give good title to the replaced parts.
fg) The provisions of the Agreement shall apply to all replacements and renewals of any part or parts of the Equipment made by the CompanySubcontractor.
gh) Subject to the warranty set out herein the Company Subcontractor reserves the right to supply new, second-hand or reconditioned parts in the performance of its duties
Appears in 1 contract
Sources: Terms and Conditions for Hardware Maintenance Services
Replacement Equipment. a) The Company reserves the right to replace the whole of the Equipment or any part or parts thereof which may be found to be faulty or in need of investigation. If identical Equipment is not available for replacement the Company will install replacement Equipment of a higher specification provided always that if the permanent replacement Equipment is materially different the Company reserves the right to increase the Service Charges by not less than thirty (30) days notice in writing to the Customer in accordance with the Company’s standard charges from time to time.
b) If the permanent replacement parts or equipment is not equipment which is identical in all material respects to the Equipment replaced the Company shall inform the Customer in writing.
c) Within five (5) business days of being informed of replacement of non-identical equipment the Customer or End User shall have the right to request that the replacement equipment or any part or parts thereof be removed and either the Equipment be put back or other equipment materially identical to the Equipment be installed and the Company shall comply with such request as soon as reasonably possible.
d) The replacement equipment shall become the property of the owner of the Equipment. With the exception of any defective parts containing Customer or End User data which will be left with the Customer or End User (as applicable), defective parts shall be returned to and become the property of the Company.
e) Where the The Equipment or any part or parts thereof removed shall become the property of the Company in accordance with sub-clause d) or as stated elsewhere in the Agreement, and the Customer warrants that either it or the End User (as applicable) shall have a free and unencumbered title to such replaced parts or (where the Equipment is leased or charged) that it shall have obtained all necessary consents and authorities to part with possession and give good title to the replaced parts
fe) The provisions of the Agreement shall apply to all replacements and renewals of any part or parts of the Equipment made by the Company.
gf) Subject to the warranty set out the Company reserves the right to supply new, second-hand or reconditioned parts in the performance of its duties
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