CONTRACT COMMENCEMENT. 2.1 Ordered Goods to be used in the provision of the Ordered IT Products may (as applicable) be provided by the CONTRACTOR or a third party (e.g., lessor). Subject always to the provisions of paragraph 3 of this Schedule, title and risk in those Ordered Goods shall be as specified in this paragraph 2 of this Schedule. 2.2 Where any Ordered Goods are provided by the CONTRACTOR (other than Ordered Goods which are leased, loaned or hired by a third party in accordance with paragraph 2.3 of this Schedule): 2.2.1 title and risk remains with the CONTRACTOR and such Ordered Goods (if required) shall be licensed to the CUSTOMER or its authorised agents; and 2.2.2 if the Ordered Goods are licensed in accordance with paragraph 2.2.1 of this Schedule and are in the CUSTOMER’s sole possession and control, the CUSTOMER: 2.2.2.1 undertakes the safe custody and the due return of those Ordered Goods; and 2.2.2.2 shall be responsible for any deterioration in those Ordered Goods, fair wear and tear excepted. 2.3 Where any Ordered Goods are leased, loaned or hired from a third party either directly to the CUSTOMER or via the CONTRACTOR (in which case the identity of the third party shall be disclosed to the CUSTOMER), title to those Ordered Goods shall remain with the lessor and risk shall be determined in accordance with the relevant third party terms and conditions.
Appears in 3 contracts
Samples: Maintenance and Support Agreement, Contract for the Provision of Commoditised It Hardware and Software, Software Subscription & Support Renewal Agreement
CONTRACT COMMENCEMENT. 2.1 46.1 Ordered Goods to be used in the provision of the Ordered IT Products may (as applicable) be provided by the CONTRACTOR or a third party (e.g., lessor). Subject always to the provisions of paragraph 3 of this Schedule, title and risk in those Ordered Goods shall be as specified in this paragraph 2 of this Schedule.
2.2 46.2 Where any Ordered Goods are provided by the CONTRACTOR (other than Ordered Goods which are leased, loaned or hired by a third party in accordance with paragraph 2.3 of this Schedule):
2.2.1 46.2.1 title and risk remains with the CONTRACTOR and such Ordered Goods (if required) shall be licensed to the CUSTOMER or its authorised agents; and
2.2.2 46.2.2 if the Ordered Goods are licensed in accordance with paragraph 2.2.1 of this Schedule and are in the CUSTOMER’s sole possession and control, the CUSTOMER:
2.2.2.1 46.2.2.1 undertakes the safe custody and the due return of those Ordered Goods; and
2.2.2.2 46.2.2.2 shall be responsible for any deterioration in those Ordered Goods, fair wear and tear excepted.
2.3 46.3 Where any Ordered Goods are leased, loaned or hired from a third party either directly to the CUSTOMER or via the CONTRACTOR (in which case the identity of the third party shall be disclosed to the CUSTOMER), title to those Ordered Goods shall remain with the lessor and risk shall be determined in accordance with the relevant third party terms and conditions.
Appears in 1 contract
Samples: Commoditised It Hardware and Software Framework Agreement
CONTRACT COMMENCEMENT. 2.1 Ordered Goods to be used in the provision of the Ordered IT Products may (as applicable) be provided by the CONTRACTOR or a third party (e.g., lessor). Subject always to the provisions of paragraph 3 6.6 of this Schedule, title and risk in those Ordered Goods shall be as specified in this paragraph 2 6.2 of this Schedule.
2.2 . Where any Ordered Goods are provided by the CONTRACTOR (other than Ordered Goods which are leased, loaned or hired by a third party in accordance with paragraph 2.3 of this Schedule):
2.2.1 ): title and risk remains with the CONTRACTOR and such Ordered Goods (if required) shall be licensed to the CUSTOMER or its authorised agents; and
2.2.2 and if the Ordered Goods are licensed in accordance with paragraph 2.2.1 of this Schedule and are in the CUSTOMER’s sole possession and control, the CUSTOMER:
2.2.2.1 : undertakes the safe custody and the due return of those Ordered Goods; and
2.2.2.2 and shall be responsible for any deterioration in those Ordered Goods, fair wear and tear excepted.
2.3 . Where any Ordered Goods are leased, loaned or hired from a third party either directly to the CUSTOMER or via the CONTRACTOR (in which case the identity of the third party shall be disclosed to the CUSTOMER), title to those Ordered Goods shall remain with the lessor and risk shall be determined in accordance with the relevant third party terms and conditions.
Appears in 1 contract
Samples: Commoditised It Hardware and Software Framework Agreement