Common use of BT Equipment and Products Clause in Contracts

BT Equipment and Products. 9.1 Risk of loss of the BT Equipment and Products will pass to the Customer upon delivery, whether or not the BT Equipment or Products have been installed. Title to Products shall pass to the Customer upon payment of the applicable Charges. In relation to a cross-country border supply of Products, title will pass to the Customer upon delivery to a common carrier in accordance with the Free Carrier Alongside ‘FCA’ named place of delivery shipping point (as that term is defined by Incoterms 2010). In no event will the carrier be deemed to be an agent of BT. 9.2 The Customer will not move, add to, modify or in any way interfere with the BT Equipment, nor permit any other person (other than a person authorised by BT) to do so. The Customer will be liable to BT for any loss of or damage to the BT Equipment, except where the loss or damage is due to fair wear and tear or is caused by BT or any BT Party. If the Customer moves or changes the location of any BT Equipment without BT’s prior written consent, BT may recover any failed visits as a consequence or additional cost or expense incurred by BT as a result of any lost or wasted time locating the BT Equipment. 9.3 Upon termination of this Agreement, if the Customer wishes to dispose of any Products, then it shall notify BT accordingly and allow BT to collect such Products if BT elects to do so. 9.4 In the event that the Customer fails to notify BT in accordance with Clause 9.4 and disposes of the Products itself, the Customer shall indemnify BT against all Claims, losses, costs, expenses and liabilities (including any fines levied upon BT) incurred by BT as a result of the Customer’s breach of that Clause. 9.5 The Parties agree that the UN Convention on the Sales of Goods shall not apply to this Agreement.

Appears in 4 contracts

Samples: Products and Services Agreement, Products and Services Agreement, Products and Services Agreement

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BT Equipment and Products. 9.1 Risk of loss of the BT Equipment and Products will pass to the Customer upon delivery, whether or not the BT Equipment or Products have been installed. Title to Products shall pass to the Customer upon payment of the applicable Charges. In relation to a cross-country border supply of Products, title will pass to the Customer upon delivery to a common carrier in accordance with the Free Carrier Alongside ‘FCA’ named place of delivery shipping point (as that term is defined by Incoterms 2010). In no event will the carrier be deemed to be an agent of BT. 9.2 The Customer will not move, add to, modify or in any way interfere with the BT Equipment, nor permit any other person (other than a person authorised by BT) to do so. The Customer will be liable to BT for any loss of or damage to the BT Equipment, except where the loss or damage is due to fair wear and tear or is caused by BT or any BT Party. If the Customer moves or changes the location of any BT Equipment without BT’s prior written consent, BT may recover any failed visits as a consequence or additional cost or expense incurred by BT as a result of any lost or wasted time locating the BT Equipment. 9.3 Upon termination of this Agreement, if the Customer wishes to dispose of any Products, then it shall notify BT accordingly and allow BT to collect such Products if BT elects to do so. 9.4 In the event that the Customer fails to notify BT in accordance with Clause 9.4 and disposes of the Products itself, the Customer shall indemnify BT against all Claimsclaims, losses, costs, expenses and liabilities (including any fines levied upon BT) incurred by BT as a result of the Customer’s breach of that Clause. 9.5 The Parties agree that the UN Convention on the Sales of Goods shall not apply to this Agreement.

Appears in 3 contracts

Samples: Products and Services Agreement, Products and Services Agreement, Products and Services Agreement

BT Equipment and Products. 9.1 Risk of loss of the BT Equipment and Products will pass to the Customer upon delivery, whether or not the BT Equipment or Products have been installed. Title to Products sold under this Agreement shall pass to the Customer upon payment of the applicable Charges. In relation to a cross-country border supply of Products, title will pass to the Customer upon delivery to a common carrier in accordance with the Free Carrier Alongside ‘FCA’ named place of delivery shipping point (as that term is defined by Incoterms 2010). In no event will the carrier be deemed to be an agent of BT. 9.2 The Customer will not move, add to, modify or in any way interfere with the BT Equipment, nor permit any other person (other than a person authorised by BT) to do so. The Customer will be liable to BT for any loss of or damage to the BT Equipment, except where the loss or damage is due to fair wear and tear or is caused by BT or any BT Party. If the Customer moves or changes the location of any BT Equipment without BT’s prior written consent, BT may recover any failed visits as a consequence or additional cost or expense incurred by BT as a result of any lost or wasted time locating the BT Equipment. 9.3 Upon termination of this Agreement, if the Customer wishes to dispose of any Products, then it shall notify BT accordingly and allow BT to collect such Products if BT elects to do so. 9.4 In the event that the Customer fails to notify BT in accordance with Clause 9.4 9.3 and disposes of the Products itself, the Customer shall indemnify BT against all Claimsclaims, losses, costs, expenses and liabilities (including any fines levied upon BT) incurred by BT as a result of the Customer’s breach of that Clause. 9.5 The Parties agree that the UN Convention on the Sales of Goods shall not apply to this Agreement.

Appears in 1 contract

Samples: Products and Services Agreement

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BT Equipment and Products. 9.1 Risk of loss of the BT Equipment and Products will pass to the Customer upon delivery, whether or not the BT Equipment or Products have been installed. Title to Products shall pass to the Customer upon payment of the applicable Charges. In relation to a cross-country border supply of Products, title will pass to the Customer upon delivery to a common carrier in accordance with the Free Carrier Alongside ‘FCA’ named place of delivery shipping point (as that term is defined by Incoterms 2010). In no event will the carrier be deemed to be an agent of BT. 9.2 The Customer will is responsible for the BT Equipment and must not move, add to, modify or in any way interfere with the BT Equipment, nor permit any other person (other than a person authorised by BT) to do so. The Customer will be liable to BT for any loss of or damage to the BT Equipment, except where the loss or damage is due to fair wear and tear or is caused by BT or any BT Party. If the Customer moves or changes the location of any BT Equipment without BT’s prior written consent, BT may recover any failed visits as a consequence or additional cost or expense incurred by BT as a result of any lost or wasted time locating the BT Equipment. 9.3 Upon termination of this Agreement, if the Customer wishes to dispose of any Products, then it shall notify BT accordingly and allow BT to collect such Products if BT elects to do so. 9.4 In the event that the Customer fails to notify BT in accordance with Clause 9.4 and disposes of the Products itself, the Customer shall indemnify BT against all Claimsclaims, losses, costs, expenses and liabilities (including any fines levied upon BT) incurred by BT as a result of the Customer’s breach of that Clause. 9.5 The Parties agree that the UN Convention on the Sales of Goods shall not apply to this Agreement.

Appears in 1 contract

Samples: Products and Services Agreement

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