Common use of Returning Hardware Clause in Contracts

Returning Hardware. Customer shall keep the Hardware in Customer’s possession at the Delivery Location until Customer returns the Flow Cell to Oxford or destroys the Flow Cell in accordance with Oxford’s instructions; provided, however, that Customer shall not keep in its possession more than 50 Flow Cells at any given time, and Oxford may, within its discretion, decline to deliver additional Flow Cells pursuant to an accepted Order at any time when Customer has in its possession 50 or more Flow Cells. Customer shall not resell, distribute or transfer the Flow Cell to any third party. Customer shall return to Oxford, using the prepaid packaging provided by Oxford, the Flow Cells as soon as reasonably possible, except that Customer shall not return Contaminated Flow Cells to Oxford, and instead shall provide Oxford proof of legal and appropriate destruction of Contaminated Flow Cells. Additionally, Customer shall, upon termination of this Agreement, if requested by Oxford, return to Oxford, using the prepaid packaging provided by Oxford, all Flow Cells which remain in Customer’s possession or the possession of third party at the time of such termination (except Contaminated Flow Cells). Oxford reserves the right to recover from Customer monetary compensation for any Flow Cells not returned or for which proof of legal and appropriate destruction of Contaminated Flow Cells has not been provided to Oxford.