Common use of Customer’s Responsibilities Clause in Contracts

Customer’s Responsibilities. (a) The Customer will care for and operate the Equipment in accordance with the manufacturer’s instructions and only use it for the purposes for which it was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and mice. (b) The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide the Service. If, on arrival at the Customer’s site, the Supplier’s engineer finds that sufficient and proper access to the Equipment is not provided or that the call was not warranted, the Supplier may exercise the right not to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred. (c) The Customer shall take all reasonable precautions to protect the health and safety of the Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment during the service visit. (d) The Customer, at the Customer’s expense, shall make available and keep in good working condition the following:- (i) one item of media of any type used on the Equipment for storage or diagnostic programs; (ii) any items of media originally supplied by the manufacturer for maintenance purposes; (iii) such Consumables as may be reasonably required to perform the Service. (e) The Customer shall be solely responsible for all software but without prejudice to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenance. (f) The Customer shall notify the Supplier in writing of any intended change in location of the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable.

Customer’s Responsibilities. 5.1 The Customer will provide the Company with such information as it may reasonably need concerning the Customer’s operations and answers to queries, decisions and approvals which may be reasonably necessary for the Consultant to undertake the Services. The Customer is responsible for ensuring that such information and answers are accurate and complete. 5.2 The Customer will provide free of charge the following facilities to the Company and its Consultant throughout the Customer’s normal business hours and at such other times as the Customer authorises after reasonable prior notice from the Company and/or its Consultant (such authorisation not to be unreasonably withheld or delayed): (a) The Customer will care for access to and operate use of the Equipment in accordance with the manufacturer’s instructions and only use it for the purposes for which it was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and mice.Equipment; (b) The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide Customer’s employees and the Service. IfCustomer’s Premises; (c) all electric power, on arrival lighting, heating and air conditioning at the Customer’s site, Premises reasonably needed by the Supplier’s engineer finds that sufficient and proper access to the Equipment is not provided or that the call was not warranted, the Supplier may exercise the right not Consultant to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred.Services; (cd) The Customer shall take all reasonable precautions to protect the health and safety of extent the Supplier’s personnel whilst Consultant needs to work on the Customer’s sitePremises, office space readily accessible to the Equipment which is suitable for this purpose and the provision of normal office services, including ensuring first aid, photocopying and telephone, (but excluding any secretarial support, typing and photocopying facilities needed to produce any documentation for which the presence of a Customer representative in Consultant is responsible) and such facilities may be used only for the vicinity purpose of the faulty Equipment during Services; (e) competent operators for the service visitEquipment. (d) 5.3 The Customer, Customer will be responsible for ensuring that the Equipment is properly installed and is sufficient and suitable for its purpose and that any adjustments which may be required are carried out expeditiously. The Customer is responsible at its own expense for the Customer’s expense, shall make available prompt and keep continuing availability to the Consultant of the Equipment and any other computing facilities to be provided by the Customer in good working condition order throughout the following:-duration of this Agreement. (i) one item of media of any type 5.4 The Customer will ensure that all software other than the Deliverables which is used on the Equipment for storage is either the property of the Customer or diagnostic programs; (ii) any items of media originally supplied by legally licensed to the manufacturer for maintenance purposes; (iii) Customer and that the Consultant is permitted to use such Consumables as may be reasonably required to perform the Servicesoftware. (e) 5.5 The Company may suspend Services carried out at the Customer's Premises if the Company reasonably believes conditions at the Customer's Premises represent a health or safety hazard to any of the Consultants. 5.6 The Customer acknowledges that if it has asked for or approved the inclusion of any third party software in the Deliverables; the Customer shall be solely responsible responsible, unless the Company has otherwise specifically agreed in writing, for all software but without prejudice the cost of and for obtaining the necessary licence(s) pertaining to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenancethat third party software. (f) The Customer shall notify the Supplier in writing of any intended change in location of the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable.

Customer’s Responsibilities. (a) The Customer will care for and operate the Equipment Software in accordance with the manufacturer’s instructions and only use it for the purposes for which it was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment Software or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and miceconsent. (b) The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment Software as necessary to provide the Service. If, on arrival at the Customer’s sitesite or via remote connection, the Supplier’s engineer finds that sufficient and proper access to the Equipment Software files is not provided or that the call was not warranted, the Supplier may exercise the right not to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred. (c) The Customer shall take all reasonable precautions to protect the health and safety of the Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment Software during the service visit. (d) The Customer, at the Customer’s expense, shall make available and keep in good working condition the following:- (i) one item of media of any type used on the Equipment for storage or diagnostic programs; (ii) any items of media originally supplied by the manufacturer for maintenance purposes; ; (iii) such Consumables as may be reasonably required to perform the Service. (e) The Customer shall be solely responsible for all software but without prejudice to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenance. (f) The Customer shall notify the Supplier in writing of any intended change in location of the Equipment Software including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment Software (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment Software is relocated without written notice or if any failure in the Equipment Software is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable.

Customer’s Responsibilities. 10.1 The Customer shall during the term of this Agreement and throughout the Hire Period: (a) The Customer will care for and operate ensure that the Equipment is kept and operated in accordance with the manufacturer’s instructions and a suitable environment, used only use it for the purposes for which it was is designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or and operated in a proper manner by trained competent staff in accordance with any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and mice.operating instructions; (b) The Customer shall providetake such steps (including compliance with all safety and usage instructions provided by the Hirer) as may be necessary to ensure, at no charge to the Supplierso far as is reasonably practicable, full and free access to that the Equipment as necessary is at all times safe and without risk to provide the Service. Ifhealth when it is being set, on arrival used, cleaned or maintained by a person at work; (c) ensure (at the Customer’s site, own expense) the Supplier’s engineer finds that sufficient and proper access to daily maintenance of the Equipment is not provided or that strictly in accordance with the call Hirer’s instructions to keep the Equipment in good and substantial repair and in as good an operating condition as it was not warranted, the Supplier may exercise the right not to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred. (c) The Customer shall take all reasonable precautions to protect the health and safety of the Supplier’s personnel whilst on the Customer’s site, including ensuring the presence Delivery Date or date of a Customer representative in the vicinity of the faulty Equipment during the service visit.Pick-Up (fair wear and tear only excepted); (d) The Customercomply with all handover instructions provided by the Hirer on installation of the Equipment; (e) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Hirer Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in the Hirer immediately on installation; (f) keep the Hirer fully informed of all material matters relating to the Equipment; (g) keep the Equipment at all times at the Customer’s expenseDelivery Address and shall not move or attempt to move any part of the Equipment to any other location without the Hirer's prior written consent; (h) permit the Hirer or its duly authorised representative to inspect and carry out any maintenance and/or repair work on the Equipment at all reasonable times and for such purpose to enter on the Delivery Address or any premises at which the Equipment may be located, and shall make available grant reasonable access and keep in good working condition the following:-facilities for such inspection and maintenance and/or repair; (i) one item not, without the prior written consent of media the Hirer, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any type used on the Equipment for storage mortgage, charge, lien or diagnostic programsother security interest in respect of it; (iij) not without the prior written consent of the Hirer, attach the Equipment to any items land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of media originally supplied being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the manufacturer for maintenance purposes; (iii) such Consumables as may be reasonably required to perform the Service. (e) The Customer shall be solely responsible for all software but without prejudice to the generality affixation or removal of the foregoing shall be responsible for: (i) ensuring adequate backup copies Equipment from any land or building and indemnify the Hirer against all losses, costs or expenses incurred as a result of its operating system, application software and data files are keptsuch affixation or removal; (iik) restoration not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Hirer in the Equipment and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that the Hirer may enter such operating systemland or building and recover the Equipment both during the term of this Agreement and for a reasonable period thereafter, application software including by procuring from any person having an interest in such land or building, a waiver in writing and data files as in favour of the Hirer of any rights such person may be required after Remedial Maintenance.have or acquire in the Equipment and a right for the Hirer to enter onto such land or building to remove the Equipment; (fl) The continue to make payment of all Rental Payments during any period that the Equipment remains on hire as a result of the Customer’s failure to allow the Hirer or the Hirer’s Personnel to Collect the Equipment; (m) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall notify the Supplier in writing of any intended change in location Hirer and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Hirer on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (n) not use the Equipment for any unlawful purpose; (o) ensure that at all times the Equipment remains identifiable as being the Hirer's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (p) allow the Hirer or its representatives access to the Delivery Address or any premises where the Equipment is located for the purpose of removing the Equipment; (q) provide all requisite materials, facilities, access and suitable working conditions, at its own expense, to facilitate and enable Delivery and installation to be carried out safely and expeditiously including changes of location within the same site. The Supplier will at materials, facilities, access and any working conditions notified to it by the Hirer from time to time; (r) not do or permit to be done anything which could invalidate the insurances referred to in clause 9; and (s) comply with any and all additional terms, exclusions and responsibilities as set out in the Customer’s request supervise quotation and Confirmation Form. 10.2 The Customer acknowledges that the de-commissioning and re-installation Hirer shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Customer or its officers, employees, agents and contractor, and the Customer shall indemnify the Hirer in full against all liabilities, costs, expenses, damages and losses (for which an additional charge may be made). The Supplier reserves including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the right to terminate this Agreement if the Equipment is relocated without written notice Hirer arising out of, or if in connection with any failure in by the Equipment is due Customer to damage incurred during such unauthorised relocation. The provisions comply with the terms of this clause 3(f) do not apply to Equipment specified by the manufacturer as portableAgreement.

Customer’s Responsibilities. 5.1 The Customer will provide the Company with such information as it may reasonably need concerning the Customer’s operations and answers to queries, decisions and approvals which may be reasonably necessary for the Consultant to undertake the Services. The Customer is responsible for ensuring that such information and answers are accurate and complete. 5.2 The Customer will provide free of charge the following facilities to the Company and its Consultant throughout the Customer’s normal business hours and at such other times as the Customer authorises after reasonable prior notice from the Company and/or its Consultant (such authorisation not to be unreasonably withheld or delayed): (a) The Customer will care for access to and operate use of the Equipment in accordance with the manufacturer’s instructions and only use it for the purposes for which it was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and mice.Equipment; (b) The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide Customer’s employees and the Service. IfCustomer’s Premises; (c) all electric power, on arrival lighting, heating and air conditioning at the Customer’s site, Premises reasonably needed by the Supplier’s engineer finds that sufficient and proper access to the Equipment is not provided or that the call was not warranted, the Supplier may exercise the right not Consultant to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred.Services; (cd) The Customer shall take all reasonable precautions to protect the health and safety of extent the Supplier’s personnel whilst Consultant needs to work on the Customer’s sitePremises, office space readily accessible to the Equipment which is suitable for this purpose and the provision of normal office services, including ensuring first aid, photocopying, telephone and facsimile facilities (but excluding any secretarial support, typing and photocopying facilities needed to produce any documentation for which the presence of a Customer representative in Consultant is responsible) and such facilities may be used only for the vicinity purpose of the faulty Equipment during Services; (e) competent operators for the service visitEquipment. (d) 5.3 The Customer, Customer will be responsible for ensuring that the Equipment is properly installed and is sufficient and suitable for its purpose and that any adjustments which may be required are carried out expeditiously. The Customer is responsible at its own expense for the Customer’s expense, shall make available prompt and keep continuing availability to the Consultant of the Equipment and any other computing facilities to be provided by the Customer in good working condition order throughout the following:-duration of this Agreement. (i) one item of media of any type 5.4 The Customer will ensure that all software other than the Deliverables which is used on the Equipment for storage is either the property of the Customer or diagnostic programs; (ii) any items of media originally supplied by legally licensed to the manufacturer for maintenance purposes; (iii) Customer and that the Consultant is permitted to use such Consumables as may be reasonably required to perform the Servicesoftware. (e) 5.5 The Company may suspend Services carried out at the Customer's Premises if the Company reasonably believes conditions at the Customer's Premises represent a health or safety hazard to any of the Consultants. 5.6 The Customer acknowledges that if it has asked for or approved the inclusion of any third party software in the Deliverables; the Customer shall be solely responsible responsible, unless the Company has otherwise specifically agreed in writing, for all software but without prejudice the cost of and for obtaining the necessary licence(s) pertaining to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenancethat third party software. (f) The Customer shall notify the Supplier in writing of any intended change in location of the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable.

Customer’s Responsibilities. (a) The Customer will care for and operate the Equipment in accordance with the manufacturer’s instructions and only use it for the purposes for which it was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and mice. (b) Any faults caused as a result of not using original equipment manufacturer (OEM) consumables will be billable. (c) The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide the Service. If, on arrival at the Customer’s site, the Supplier’s 's engineer finds that sufficient and proper access to the Equipment is not provided or that the call was not warranted, the Supplier may exercise the right not to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred. (cd) The Customer shall take all reasonable precautions to protect the health and safety of the Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment during the service visit. (de) The Customer, at the Customer’s expense, shall make available and keep in good working condition the following:- (i) one item of media of any type used on the Equipment for storage or diagnostic programs; (ii) any items of media originally supplied by the manufacturer for maintenance purposes; ; (iii) such Consumables as may be reasonably required to perform the Service. (ef) The Customer shall be solely responsible for all software but without prejudice to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenance. (fg) The Customer shall notify the Supplier in writing of any intended change in location of the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable. (h) The Customer shall fit the equipment with an anti-surge device so that it is protected in the event of a power surge. If you don’t have this device, we can supply a 6 socket anti-surge device to you for £30.00+carriage or a single socket anti-surge device for £9.95+carriage. Failure to fit an anti-surge device to your printer will mean that should you have any electronic faults – e.g. parts which can become faulty in the event of a power surge such as the GL2 card, Jetdirect Card, power supply unit or electronics module – then all parts and labour to replace such parts will not be covered under the support contract. (i) The Customer, by signing this agreement, is assuring the Supplier that the equipment is in good working order at the time of signing. (j) Any damage or faults caused as a result of using non OEM equipment to make modifications or alterations to original equipment will not be covered. (For example; where a customer has fitted a roll modification kit that bolts onto the machine which results in the X-axis being overstressed, then this callout will be billable). (k) The Supplier reserves the right to withhold all services until such time as payment has been made. (l) Non OEM equipment will not be covered under this contract unless specifically approved in writing and added to the Certificate of Cover. (m) In cases where CSR parts are replaced and the defective part needs to be returned to Resolution within a defined period of time, normally five business days, the Customer shall return the defective part with the associated documentation in the provided shipping material. Failure to return the defective part may result in Resolution billing you for the replacement. With a customer self repair Resolution will pay all shipping and part return costs and determine the courier/carrier to be used.

Customer’s Responsibilities. (a) 5.1 The Customer will care for provide the Company with such information as it may reasonably need concerning the Customer’s operations and operate the Equipment in accordance with the manufacturer’s instructions answers to queries, decisions and only use it approvals which may be reasonably necessary for the purposes for which it was designedConsultant to undertake the Services. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards is responsible for ensuring that such information and miceanswers are accurate and complete. 5.2 The Customer will provide free of charge the following facilities to the Company and its Consultant throughout the Customer’s normal business hours and at such other times as the Customer authorises after reasonable prior notice from the Company and/or its Consultant (such authorisation not to be unreasonably withheld or delayed): a) Access to and use of the Equipment b) The Customer shall provide, at no charge Access to the SupplierCustomer’s employee and Customer’s Premises; c) All electric power, full lighting, heating and free access to the Equipment as necessary to provide the Service. If, on arrival air conditioning at the Customer’s site, Premises reasonably needed by the Supplier’s engineer finds that sufficient and proper access to the Equipment is not provided or that the call was not warranted, the Supplier may exercise the right not Consultant to perform the Service and Services; d) To the extent the Consultant needs to charge the Customer for the Supplier’s costs and expenses reasonably incurred. (c) The Customer shall take all reasonable precautions to protect the health and safety of the Supplier’s personnel whilst work on the Customer’s sitePremises, office space readily accessible to the Equipment which is suitable for this purpose and the provision of normal office services, including ensuring first aid, photocopying, telephone and facsimile facilities (but excluding any secretarial support, typing and photocopying facilities needed to produce any documentation for which the presence of a Customer representative in Consultant is responsible) and such facilities may be used only for the vicinity purpose of the faulty Equipment during Services; e) Competent operators for the service visitEquipment. (d) 5.3 The Customer, Customer will be responsible for ensuring that the Equipment is properly installed and is sufficient and suitable for its purpose and that any adjustments which may be required are carried out expeditiously. The Customer is responsible at its own expense for the prompt and continuing availability to the Consultant of the Equipment and any other computing facilities to be provided by the Customer in good working order throughout the duration of this Agreement. 5.4 The Customer will ensure that all software other than the Deliverables which is used on the Equipment is either the property of the Customer or legally licensed to the Customer and that the Consultant is permitted to use such software. 5.5 The Company may suspend Services carried out at the Customer’s expense, shall make available and keep in good working condition Premises if the following:- (i) one item of media of any type used on the Equipment for storage or diagnostic programs; (ii) any items of media originally supplied by the manufacturer for maintenance purposes; (iii) such Consumables as may be Company reasonably required to perform the Service. (e) The Customer shall be solely responsible for all software but without prejudice to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenance. (f) The Customer shall notify the Supplier in writing of any intended change in location of the Equipment including changes of location within the same site. The Supplier will believes conditions at the Customer’s request supervise the de-commissioning and re-installation Premises represent a health or safety hazard to any of the Equipment (Consultants. 5.6 The Customer acknowledges that if it has asked for which an additional charge may be made). The Supplier reserves or approved the right to terminate this Agreement if the Equipment is relocated without written notice or if inclusion of any failure third-party software in the Equipment is due Deliverables; the Customer shall be responsible, unless the Company has otherwise specifically agreed in writing, for the cost of and for obtaining the necessary license(s) pertaining to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portablethat third-party software.

Customer’s Responsibilities. (a) The Customer will care for and operate the Equipment in accordance with the manufacturer’s instructions and only use it for the purposes for which it was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and mice. (b) Any faults caused as a result of not using original equipment manufacturer (OEM) consumables will be billable. (c) The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide the Service. If, on arrival at the Customer’s site, the Supplier’s 's engineer finds that sufficient and proper access to the Equipment is not provided or that the call was not warranted, the Supplier may exercise the right not to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred. (cd) The Customer shall take all reasonable precautions to protect the health and safety of the Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment during the service visit. (de) The Customer, at the Customer’s expense, shall make available and keep in good working condition the following:- (i) one item of media of any type used on the Equipment for storage or diagnostic programs; (ii) any items of media originally supplied by the manufacturer for maintenance purposes; ; (iii) such Consumables as may be reasonably required to perform the Service. (ef) The Customer shall be solely responsible for all software but without prejudice to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenance. (fg) The Customer shall notify the Supplier in writing of any intended change in location of the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable. (h) The Customer shall fit the equipment with an anti-surge device so that it is protected in the event of a power surge. If you don’t have this device, we can supply a 6 socket anti-surge device to you for £30.00+carriage or a single socket anti-surge device for

Customer’s Responsibilities. 5.1 The Customer will provide the Supplier with such information as it may reasonably need concerning the Customer’s operations and answers to queries, decisions and approvals which may be reasonably necessary for the Consultant to undertake the Services. The Customer is responsible for ensuring that such information and answers are accurate and complete. 5.2 The Customer will provide free of charge the following facilities to the Supplier and its Consultant throughout the Customer’s normal business hours and at such other times as the Customer authorises after reasonable prior notice from the Supplier and/or its Consultant (such authorisation not to be unreasonably withheld or delayed): (a) The Customer will care for Access to and operate use of the Equipment in accordance with the manufacturer’s instructions and only use it for the purposes for which it was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and mice.Equipment; (b) The Customer shall provide, at no charge Access to the SupplierCustomer’s employees and the Customer’s Premises; (c) All electric power, full lighting, heating and free access to the Equipment as necessary to provide the Service. If, on arrival air conditioning at the Customer’s site, Premises reasonably needed by the Supplier’s engineer finds that sufficient and proper access to the Equipment is not provided or that the call was not warranted, the Supplier may exercise the right not Consultant to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred.Services; (cd) The Customer shall take all reasonable precautions To the extent the Consultant needs to protect the health and safety of the Supplier’s personnel whilst work on the Customer’s sitePremises, office space readily accessible to the Equipment which is suitable for this purpose and the provision of normal office services, including ensuring first aid, photocopying, telephone and facsimile facilities (but excluding any secretarial support, typing and photocopying facilities needed to produce any documentation for which the presence of a Customer representative in Consultant is responsible) and such facilities may be used only or the vicinity purpose of the faulty Equipment during Services; (e) Competent operators for the service visitEquipment. (d) 5.3 The Customer, Customer will be responsible for ensuring that the Equipment is properly installed and is sufficient and suitable for its purpose and that any adjustments which may be required are carried out expeditiously. The Customer is responsible at its own expense for the Customer’s expense, shall make available prompt and keep continuing availability to the Consultant of the Equipment and any other computing facilities to be provided by the Customer in good working condition order throughout the following:-duration of this Agreement. (i) one item of media of any type 5.4 The Customer will ensure that all software other than the Deliverables which is used on the Equipment for storage is either the property of the Customer or diagnostic programs; (ii) any items of media originally supplied by legally licensed to the manufacturer for maintenance purposes; (iii) Customer and that the Consultant is permitted to use such Consumables as may be reasonably required to perform the Servicesoftware. (e) 5.5 The Supplier may suspend Services carried out at the Customer's Premises if the Supplier reasonably believes conditions at the Customer's Premises represent a health or safety hazard to any of the Consultants. 5.6 The Customer acknowledges that if it has asked for or approved the inclusion of any third party software in the Deliverables; the Customer shall be solely responsible for all software but without prejudice to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating systemresponsible, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenance. (f) The Customer shall notify unless the Supplier has otherwise specifically agreed in writing writing, for the cost of any intended change in location of and for obtaining the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right necessary licence(s) pertaining to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portablethat third party software.

Customer’s Responsibilities. 5.1 The Customer will provide the Company with such information as it may reasonably need concerning the Customer’s operations and answers to queries, decisions and approvals which may be reasonably necessary for the Consultant to undertake the Services. The Customer is responsible for ensuring that such information and answers are accurate and complete. 5.2 The Customer will provide free of charge the following facilities to the Company and its Consultant throughout the Customer’s normal business hours and at such other times as the Customer authorises after reasonable prior notice from the Company and/or its Consultant (such authorisation not to be unreasonably withheld or delayed): (a) The Customer will care for access to and operate use of the Equipment in accordance with the manufacturer’s instructions and only use it for the purposes for which it was designed. The Customer shall not move, alter or attach anything to, repair, modify or adjust the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and mice.Equipment; (b) The Customer shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide Customer’s employees and the Service. IfCustomer’s Premises; (c) all electric power, on arrival lighting, heating and air conditioning at the Customer’s site, the Supplier’s engineer finds that sufficient and proper access Premises (d) to the Equipment is not provided or that extent the call was not warranted, the Supplier may exercise the right not Consultant needs to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred. (c) The Customer shall take all reasonable precautions to protect the health and safety of the Supplier’s personnel whilst work on the Customer’s sitePremises, office space readily accessible to the Equipment which is suitable for this purpose and the provision of normal office services, including ensuring first aid, photocopying and telephone, (but excluding any secretarial support, typing and photocopying facilities needed to produce any documentation for which the presence of a Customer representative in Consultant is responsible) and such facilities may be used only for the vicinity purpose of the faulty Equipment during Services; (e) competent operators for the service visitEquipment. (d) 5.3 The Customer, Customer will be responsible for ensuring that the Equipment is properly installed and is sufficient and suitable for its purpose and that any adjustments which may be required are carried out expeditiously. The Customer is responsible at its own expense for the Customer’s expense, shall make available prompt and keep continuing availability to the Consultant of the Equipment and any other computing facilities to be provided by the Customer in good working condition order throughout the following:-duration of this Agreement. (i) one item of media of any type 5.4 The Customer will ensure that all software other than the Deliverables which is used on the Equipment for storage is either the property of the Customer or diagnostic programs; (ii) any items of media originally supplied by legally licensed to the manufacturer for maintenance purposes; (iii) Customer and that the Consultant is permitted to use such Consumables as may be reasonably required to perform the Servicesoftware. (e) 5.5 The Company may suspend Services carried out at the Customer's Premises if the Company reasonably believes conditions at the Customer's Premises represent a health or safety hazard to any of the Consultants. 5.6 The Customer acknowledges that if it has asked for or approved the inclusion of any third party software in the Deliverables; the Customer shall be solely responsible responsible, unless the Company has otherwise specifically agreed in writing, for all software but without prejudice the cost of and for obtaining the necessary licence(s) pertaining to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenancethat third party software. (f) The Customer shall notify the Supplier in writing of any intended change in location of the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable.

Customer’s Responsibilities. (a5.1) The Customer shall undertake to release all Equipment which is being maintained by LemnaTec from all operational demands when so requested to do so by LemnaTec in order for LemnaTec to perform the Services. Alternatively, the Customer shall ensure that LemnaTec personnel have full and safe access to the Equipment at all reasonable times for the purpose of providing the Services. The Customer shall also ensure that such access conforms to any specifications issued by Lem- naTec from time to time. (5.2) The Customer will care for ensure that LemnaTec personnel or representatives are provided a safe and operate secure work environment at all times while they are on the Equipment in accordance with Site to enable work to be carried out. (5.3) The Customer shall provide on request a suitably qualified or informed representative, agent or employee to accompany LemnaTec personnel when providing the manufacturer’s instructions Services or to render such assistance or to give such advice as will enable LemnaTec personnel to exercise unrestricted access to the Site and only use it the Equip- ment and otherwise to perform the Services effectively. (5.4) The Customer shall supply auxiliary facili- ties and services when requested by Lem- naTec as necessary for the purposes provision of the Services. Where the Customer does not pro- vide the auxiliary facilities and services, Lem- naTec shall be entitledto procure such auxiliary facilities and services and seek full reimburse- ment from the Customer provided LemnaTec has given the Customer written notice of the non-compliance and the Customer has failed to remedy the non-compliance within the time specified in the notice. The auxiliary facilities and services shall includewithout limitation: a.Adequate telephone/communications facili- ties; x.Xxxxxxxx for which it was designedall work areas; c.Main and auxiliary electrical power necessary for the operation of all equipment, capable of being isolated either by isolating switches, removal of fuses or other means to the reasonable satisfaction of LemnaTec; d.240 volt, 50 cycle single phase at 3 pin general purpose outlets at suitable locations; e.Suitable dry lockable storage space for the storage of machinery, equipment, materials and tools; f.Suitable rooms on or adjacent to the Site with adequate lighting, washing, toilet and drinking water facilities for the use of LemnaTec personnel or representatives; (5.5) The Customer shall upon LemnaTec request furnish to LemnaTec sufficient informa- tion which, in LemnaTec reasonable opinion, will enable the Services to be carried out forth- with and without interruption. The Customer shall not movebe responsible xxxxxx bear the cost of any modification to the scope of the Services arising from any discrepancy, alter erroror omission in any drawings, specification or attach anything to, repair, modify otherinforma- tion supplied or adjust approved by the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and miceCustomer. (b5.6) The All such assistance to be provided by the Customer under this Clause 5 or in general shall provide, at no charge to the Supplier, full and free access to the Equipment as necessary to provide the Service. If, on arrival at beat the Customer’s site, the Supplier’s engineer finds that sufficient sole cost and proper access to the Equipment is not provided or that the call was not warranted, the Supplier may exercise the right not to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurredex- pense. (c5.7) The Nothing in this Agreement shall relieve the Customer shall take all reasonable precautions from its obligations to protect the health and safety of the Supplier’s personnel whilst perform normal dayto day maintenance on the CustomerEquip- ment as per the Operator’s siteManuals sup- plied by the manufacturer and/or LemnaTec including but not restricted to normal cleaning procedures, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment during the service visitchecks and adjustments designed for operational use. (d5.8) The CustomerDuring the continuance of this Agree- ment, at the Customer’s expensetheCustomer shall not carry out or attempt to carry out modifications to, shall make available and keep in good working condition the following:- (i) one item of media of any type used on the Equipment for storage repair of, experiments on, or diagnostic programs; (ii) any items of media originally supplied by the manufacturer for maintenance purposes; (iii) such Consumables as may be reasonably required to perform the Service. (e) The Customer shall be solely responsible for all software but without prejudice to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup copies of its operating system, application software and data files are kept; (ii) restoration of such operating system, application software and data files as may be required after Remedial Maintenance. (f) The Customer shall notify the Supplier in writing of any intended change in location of the Equipment including changes of location within other than day to day mainte- xxxxx and the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right Customer shall not permit any other person except LemnaTec personnel or representatives to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during carry out such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified by the manufacturer as portable.work unless priorwritten approval has first been obtained from LemnaTec

Customer’s Responsibilities. 8.1 Without prejudice to clause 8.2, the Customer shall provide the Company and its employees, agents, representatives and staff duly authorised by the Company to provide the Services with full, safe and uninterrupted access (including remote access where applicable) to the Customer's premises and to all items of software, hardware or other materials as may reasonably be required for the purpose of performing the Services. 8.2 The Customer shall: (a) The Customer will care for and operate the Equipment in accordance with the manufacturer’s instructions and only use it ensure that appropriate environmental conditions are maintained for the purposes for which it was designed. The Customer supported software, hardware and other items and shall not move, alter or attach anything to, repair, modify or adjust take all reasonable steps to ensure that they are operated in a proper manner by the Equipment or any part thereof except with the Supplier’s prior written consent other than to attach external network or serial devices, monitors, keyboards and mice.Customer's employees; (b) The nominate a manager ("Customer shall provideRepresentative") to be available to liaise with, at no charge and respond to queries from, the Company's designated account manager (for example, as to the Supplierresolution of conflicting priorities between two or more items of support or maintenance) and who are entitled to contact the Company for requests for Support Service and any further Services required pursuant to clause 7. 8.3 Where the Services are to be performed at any of the Customer's premises, full the Customer shall: (a) provide adequate working space and free access office (including telephone and internet) facilities for use by the Company's personnel and take reasonable care to ensure their safety; (b) make available to the Equipment as necessary Company free of charge all information, facilities and services reasonably required by the Company to provide enable the Service. If, on arrival at the Customer’s site, the Supplier’s engineer finds that sufficient and proper access to the Equipment is not provided or that the call was not warranted, the Supplier may exercise the right not Company to perform the Service and to charge the Customer for the Supplier’s costs and expenses reasonably incurred.Services, including reasonable office support; (c) The Customer shall take all reasonable precautions provide such telecommunication facilities as are reasonably required by the Company to protect provide the health Services (including for testing and safety of the Supplier’s personnel whilst on the Customer’s site, including ensuring the presence of a Customer representative in the vicinity of the faulty Equipment during the service visit. (ddiagnostic purposes) The Customer, at the Customer’s expense, shall make available and keep in good working condition the following:- (i) one item of media of any type used on the Equipment for storage or diagnostic programs; (iid) any items of media originally supplied provide a suitable vehicle parking facility for use by the manufacturer for maintenance purposes; (iii) such Consumables as may be reasonably required to perform Company’s personnel when visiting the Service.Customer’s premises which is free from any legal restrictions; (e) ensure in the interests of health and safety that the Company’s personnel (or its agents), while on the Customer’s premises, are at all times accompanied by a member of the Customer’s staff familiar with the Customer’s premises and safety procedures. 8.4 The Customer represents and warrants to the Company that it shall: (a) co-operate with the Company in performing the Services and provide any assistance or information as may reasonably be required by the Company; (b) ensure that all necessary consents, licenses and permissions are in place to enable the Company to perform the requested Services (including any relevant third party licences for software, hardware and operating environment required to provide and support the Software and the Services and other materials) and grants the Company a non-exclusive licence to use and modify any of its or its licensors materials to the extent necessary to enable the Company to perform the Services in accordance with the Contract. To the extent that the Customer has not obtained the necessary consents, licenses and permissions, the Customer shall notify the Company of any such consent or approvals required from the relevant third party and the Customer acknowledges that, in these circumstances, the provision of the Services is conditional on the Company obtaining a licence of such rights from the relevant licensor or licensors on such terms as will entitle the Company to modify the third party software or materials, or otherwise carry out the Services; (c) report faults promptly to the Company; (d) be solely responsible for all software but without prejudice to the generality of the foregoing shall be responsible for: (i) ensuring adequate backup keeping full back-up copies of all of its operating system, application software and data files are keptdata; (iie) restoration of such operating system, application software and comply with its data files as may be required after Remedial Maintenance.protection obligations under clause 13; (f) comply with all its obligations pursuant to the Service Terms; (g) not request, permit or authorise any owners, employees or Associates of a direct competitor of the Company, which could use the Confidential Information disloyally for its own purposes or disclose Confidential Information for use in unfair competition, industrial espionage or creating competitive products, to supply any services related to the Software that would allow them to gain insider access to detailed product information on the Software that is not available in the public domain or to standard product users; and (h) ensure that all Associates of its (sub)contractors who are Users of the Software expressly agree that they shall only use the Software for the purposes of the Customer’s own requirements and not for any other purpose and that their use of the Software shall expressly be subject to terms that are no less restrictive than those in this Agreement. 8.5 The Customer shall notify indemnify the Supplier Company against any liabilities, losses, damages, costs (including legal fees) and expenses suffered, incurred by or awarded against the Company as a result of: (a) the Customer's breach of this Contract; (b) any negligent or wrongful act or omission of the Customer, its officers, employees, (sub)contractors or agents; (c) the Customer's possession or use of the Software outside the scope of the Contract; (d) any claim made against the Company for actual or alleged infringement of a third party's intellectual property rights arising out of or in writing connection with any breach by the Customer of the terms of any intended change in location Third-Party Licences; or (e) any claim made against the Company resulting from actual or alleged breach of the Equipment including changes of location within the same site. The Supplier will at the Customer’s request supervise the de-commissioning and re-installation of the Equipment (for which an additional charge may be made). The Supplier reserves the right to terminate this Agreement if the Equipment is relocated without written notice or if any failure in the Equipment is due to damage incurred during such unauthorised relocation. The provisions of this clause 3(f) do not apply to Equipment specified Data Protection Legislation by the manufacturer as portableCustomer or its Associates.