Common use of Buyer Responsibilities Clause in Contracts

Buyer Responsibilities. The Buyer is liable and responsible for certain actions and responsibilities in preparing the facility, laboratory, or room to accept the Products purchased and to be installed by Instron and for the proper and safe protection of the Products until installed and commissioned by Instron or its authorized representative (“Instron Service Personnel”). These actions and responsibilities include, but are not limited to, air supply, electrical supply and regulation, cooling water, safe handling and moving equipment, structural integrity of building and floor where testing system shall be located, etc. Please refer to Instron’s Customer Responsibilities document, which shall be considered part of these Terms , and/or the Pre-Installation Manual for the Products for more specific information for all new testing system purchases. Instron Customer Service in the USA and Canada may also be contacted at (000) 000-0000 for assistance. For outside the USA, please contact the local Instron office or its local representative; details of such contact can be found on Instron’s website (xxx.xxxxxxx.xxx). The operation, use, calibration, maintenance, and repairs associated with the Buyer’s existing testing instrument and any existing testing accessories shall remain the responsibility of the Buyer. In order for a retrofit to be successful, the existing testing instrument must be in full and good operating condition. All safety features on the existing instrument must function correctly and within the manufacturer’s specifications. THE BUYER SHALL BE SOLELY RESPONSIBLE FOR ENSURING THE EXISTING TESTING INSTRUMENT UPON WHICH THE RETROFIT IS TO BE INSTALLED IS IN PROPER AND SAFE WORKING CONDITION AND FULLY OPERATIONAL PRIOR TO THE RETROFIT INSTALLATION INSTRON SERVICE PERSONNEL. Should any portion of the Buyer’s existing frame not function properly, safely and/or within the original manufacturer’s specifications, it is the Buyer’s responsibility to correct any and all of these deficiencies to return the existing frame to safe and correct working order before the retrofit installation can proceed.