Common use of Technical Instructions Clause in Contracts

Technical Instructions. 8.1 The use and maintenance of the Goods is governed by technical instructions issued by the Seller. The Seller shall furnish to the Customer a copy of the technical instructions upon confirming of rental or purchase. Any technical consultation provided by the Seller is limited to an explanation of the technical instructions issued by the Seller. 8.2 The Customer acknowledges that it did not rely on any representations which are not set out in the technical instructions (at the time this Agreement came into existence). 8.3 The Customer acknowledges that usage of the Goods must be in accordance with the technical instructions given by the Seller and the Customer shall ensure that any person using the Goods is made aware of and complies with the technical instructions (if any) and good trade practice. 8.4 The Customer shall indemnify the Seller against all loss, damages, costs and expenses awarded against, incurred, paid or agreed to be paid by the Seller in connection with any claim which arises out of: 8.4.1 the use of the Goods after the Customer is aware or ought to be aware of any defect in the Goods; 8.4.2 any defect in the Goods arising from willful damage, the negligence of any person (other than the Seller), misuse, abnormal working conditions, or alteration or repair of the Goods without the Seller's prior written approval (fair wear and tear excepted); 8.4.3 any use of the Goods (including the installation, disassembly, application, maintenance or removal of the Goods) other than in accordance with the technical instructions (if any) and good trade practice; or 8.4.4 the disposal of the Goods in the circumstance where the Goods are on hire terms. 8.5 All rights in the Seller's technical instructions and information remain the property of the Seller. 8.6 The Customer shall protect and keep in confidence all the Seller's proprietary software, technical know-how, drawings and all other information and/or materials prudently and diligently by using no less than the same degree of care and safeguard as it uses to protect its own proprietary information and in any event no less than a reasonable degree of care. 8.7 The Customer agrees that the licence given by the Seller does not permit, nor provide a license to manufacture or reserve engineer or to have manufactured or reserved engineered any part, component, system or element of the Goods.

Technical Instructions. 8.1 The use and maintenance of the Goods is governed by technical instructions issued by the Seller. The Seller shall furnish to the Customer a copy of the technical instructions upon confirming of rental or purchase. Any technical consultation provided by the Seller is limited to an explanation of the technical instructions issued by the Seller. 8.2 The Customer acknowledges that it did not rely on any representations which are not set out in the technical instructions (at the time this Agreement came into existence). 8.3 The Customer acknowledges that usage of the Goods must be in accordance with the technical instructions given by the Seller and the Customer shall ensure that any person using the Goods is made aware of and complies with the technical instructions (if any) and good trade practice. 8.4 The Customer shall indemnify the Seller against all loss, damages, costs and expenses awarded against, incurred, paid or agreed to be paid by the Seller in connection with any claim which arises out of: 8.4.1 the use of the Goods after the Customer is aware or ought to be aware of any defect in the Goods; 8.4.2 any defect in the Goods arising from willful damage, the negligence of any person (other than the Seller), misuse, abnormal working conditions, or alteration or repair of the Goods without the Seller's prior written approval (fair wear and tear excepted); 8.4.3 ; any use of the Goods (including the installation, disassembly, application, maintenance or removal of the Goods) other than in accordance with the technical instructions (if any) and good trade practice; or 8.4.4 or the disposal of the Goods in the circumstance where the Goods are on hire terms. 8.5 All rights in the Seller's technical instructions and information remain the property of the Seller. 8.6 The Customer shall protect and keep in confidence all the Seller's proprietary software, technical know-how, drawings and all other information and/or materials prudently and diligently by using no less than the same degree of care and safeguard as it uses to protect its own proprietary information and in any event no less than a reasonable degree of care. 8.7 The Customer agrees that the licence given by the Seller does not permit, nor provide a license to manufacture or reserve engineer or to have manufactured or reserved engineered any part, component, system or element of the Goods.