DELIVERY, ACCEPTANCE AND RISK. 4.1 Company will deliver the Mobile Equipment to the address specified on the completed order provided that address is within the United Kingdom.
4.2 The Customer shall be deemed to have accepted an item of Mobile Equipment:
(a) when that item of Mobile Equipment has been delivered, if Company is to deliver the item of Mobile Equipment; or
(b) if the item of Mobile Equipment is to be collected by the Customer, when the Customer takes possession of that item of Mobile Equipment.
4.3 Risk in an item of Mobile Equipment will pass to the Customer when the item of Mobile Equipment is accepted by the Cus- tomer. The Customer shall not be liable for any loss or damage to the item of Mobile Equipment to the extent that such loss or damage is caused by the negligence of Company or its suppli- ers.
DELIVERY, ACCEPTANCE AND RISK. 4.1 MIDSHIRE will deliver the Mobile Equipment to the address specified on the completed order provided that address is within the United Kingdom.
4.2 The Customer shall be deemed to have accepted an item of Mobile Equipment:
(a) When that item of Mobile Equipment has been delivered, if MIDSHIRE is to deliver the item of Mobile Equipment; or
(b) If the item of Mobile Equipment is to be collected by the Customer, when the Customer takes possession of that item of Mobile Equipment.
4.3 Risk in an item of Mobile Equipment will pass to the Customer when the item of Mobile Equipment is accepted by the Customer. The Customer shall not be liable for any loss or damage to the item of Mobile Equipment to the extent that such loss or damage is caused by the negligence of MIDSHIRE or its suppliers.
4.4 Where there is a discrepancy between the contents listed in the consignment note enclosed with the delivery and the Customers contents of the consignment, upon acceptance by the Customer; the Customer must notify MIDSHIRE immediately and in all cases not exceeding 24 hours. No claims for damaged missing contents will be accepted after 24 hours of the accepted delivery time.
DELIVERY, ACCEPTANCE AND RISK. 6.1 Property in and ownership of the Equipment and/or Goods will pass to Rinnai upon delivery of the Equipment and/ or Goods.
6.2 Risk in the Equipment, Goods and/or Services and all insurance responsibility for theft, damage or otherwise remains with the Seller until the Equipment, Goods and/or Services are accepted by Rinnai.
6.3 The Seller may not claim or register any interest (including security interest) in the Equipment and/or Goods.
6.4 The Seller must deliver the Equipment, Goods and/or Services to Rinnai on the Delivery Date. Time is of the essence. If the Seller is unable to provide the Equipment, Goods and/or Services as reasonably requested by Rinnai, Rinnai may:
(a) contract with any other seller to cover the shortfall; and
(b) where Xxxxxx is required to pay more than the Rates for such shortfall in supply, the Seller will reimburse Rinnai the difference between the Rates and the amount invoiced by the other seller.
6.5 Equipment and/or Goods must be accompanied by a delivery docket permitting Rinnai to identify the Equipment and/or Goods provided on each occasion which references Rinnai’s correct Order, and where required by Rinnai, a certificate of conformance containing Rinnai specified performance, test or batch data for each delivery.
6.6 Where requested, the Seller must provide a valid proof of delivery for any delivery subject to audit or verification by Rinnai. The Seller will fully credit any amount charged for the Equipment and/or Goods where a valid proof of delivery cannot be provided to substantiate the receipt of the Equipment and/or Goods by Rinnai.
6.7 The Seller will be liable for any loss or damage (including consequential loss) suffered or incurred by Rinnai, either directly or indirectly, caused by the Seller’s delay or failure to deliver the Equipment, Goods and/or Services.
6.8 The Seller must deliver Equipment, Goods and/or Services that are of the quantity, quality and description detailed in an Order
6.9 Rinnai is entitled to inspect all Equipment and/or Goods upon delivery. Rinnai may, within 21 days of delivery, reject any defective Equipment and/or Goods. Rinnai will not be deemed to have accepted the Equipment and/or Goods until they have been so inspected.
6.10 Rinnai will promptly notify the Seller of any defect found in the Equipment, Goods and/or Services delivered or any shortage in the quantity of the Equipment supplied.
6.11 Rinnai will not be required to hold any rejected Equipment and/or Goods beyond a p...
DELIVERY, ACCEPTANCE AND RISK. 16.1 YCM will deliver the Mobile Equipment to the address specified on the completed order provided that address is within the United Kingdom.
16.2 The Customer shall be deemed to have accepted an item of Mobile Equipment:
a) when that item of Mobile Equipment has been delivered, if YCM is to deliver the item of Mobile Equipment; or
b) when the Customer takes possession of that item of Mobile Equipment, if the item of Mobile Equipment is to be collected by the Customer.
16.3 Risk in an item of Mobile Equipment will pass to the Customer when the item of Mobile Equipment is accepted by the Customer. The Customer shall not be liable for any loss or damage to the item of Mobile Equipment to the extent that such loss or damage is caused by the negligence of YCM or its suppliers.
DELIVERY, ACCEPTANCE AND RISK. 4.1 Telefónica will deliver the Mobile Equipment to the address specified on the completed order provided that address is within the United Kingdom.
4.2 The Customer shall be deemed to have accepted an item of Mobile Equipment:
(a) when that item of Mobile Equipment has been delivered, if Telefónica is to deliver the item of Mobile Equipment; or
(b) if the item of Mobile Equipment is to be collected by the Customer, when the Customer takes possession of that item of Mobile Equipment.
4.3 Risk in an item of Mobile Equipment will pass to the Customer when the item of Mobile Equipment is accepted by the Customer. The Customer shall not be liable for any loss or damage to the item of Mobile Equipment to the extent that such loss or damage is caused by the negligence of Telefónica or its suppliers.
DELIVERY, ACCEPTANCE AND RISK. 16.1 FLC will deliver the Mobile Equipment to the address specified on the completed order provided that address is within the United Kingdom.
16.2 The Customer shall be deemed to have accepted an item of Mobile Equipment:
a) when that item of Mobile Equipment has been delivered, if FLC is to deliver the item of Mobile Equipment; or
b) when the Customer takes possession of that item of Mobile Equipment, if the item of Mobile Equipment is to be collected by the Customer.
16.3 Risk in an item of Mobile Equipment will pass to the Customer when the item of Mobile Equipment is accepted by the Customer. The Customer shall not be liable for any loss or damage to the item of Mobile Equipment to the extent that such loss or damage is caused by the negligence of FLC or its suppliers.
DELIVERY, ACCEPTANCE AND RISK. 8.1 O2 Representatives will deliver the Devices to the address specified on the completed order provided that address is within the United Kingdom.
8.2 Risk in Devices will pass to the Customer once the Device is dispatched to the Customer. The Customer shall not be liable for any loss or damage to the item of Devices to the extent that such loss or damage is caused by the negligence of O2 or O2 Representative.
DELIVERY, ACCEPTANCE AND RISK. 9.1 Company will deliver the Hardware to the site provided that the Site is within the Territory. Company will advise the Customer in good time of any instruction or other informa- tion required to enable the Customer to take delivery of the Hardware.
9.2 The Customer is responsible for supplying Company with all necessary information regarding the site, and any Customer operating requirements in reasonable time to allow Company to plan and arrange for the delivery and, if applicable, installa- tion of Hardware.
9.3 Company shall use reasonable endeavours to deliver and, if applicable, install Hardware within any time periods and/or by any date indicated to the Customer, but all time periods and dates are estimates and except where explicitly agreed other- wise Company shall have no liability for any failure to meet any date or perform any of its obligations within the time period indicated.
9.4 The Customer shall be deemed to have accepted an item of Full Terms and Conditions Hardware immediately after the Customer has taken delivery of the Hardware.
9.5 Risk in an item of Hardware shall pass to the Customer:
(a) when that item of Hardware has been delivered, if Com- pany is to deliver the item of Hardware; or
(b) if the item of Hardware is to be collected by the Cus- tomer, when the Customer takes possession of that Hardware; and
(c) the Customer shall not be liable for any loss or damage to the item of Hardware to the extent that such loss or damage is caused by the negligence of Company or its suppliers.
9.6 Company does not guarantee that any Software supplied as part of the Hardware it will be error free. In addition to its ob- ligations set out in the General Conditions (including, without limitation, clause 16), the Customer shall not permit the whole or any part of any Software to be incorporated into any other computer programs.
DELIVERY, ACCEPTANCE AND RISK. 9.1 Company will deliver the Hardware to the site provided that the Site is within the Territory. Hardware.
9.2 The Customer is responsible for supplying Company with all necessary information regarding the site, and any Customer operating requirements in reasonable time to allow Company to plan and arrange for the delivery and, if applicable, installation of Hardware.
9.3 Company shall use reasonable endeavours to deliver and, if applicable, install Hardware within any time periods and/or by any date indicated to the Customer, but all time periods and dates are estimates and except where explicitly agreed otherwise Company shall have no liability for any failure to meet any date or perform any of its obligations within the time period indicated.
9.4 The Customer shall be deemed to have accepted an item of Hardware immediately after the Customer has taken delivery of the Hardware.
9.5 Risk in an item of Hardware shall pass to the Customer:
(a) when that item of Hardware has been delivered, if Company is to deliver the item of Hardware; or
(b) if the item of Hardware is to be collected by the Customer, when the Customer takes possession of that Hardware; and
(c) the Customer shall not be liable for any loss or damage to the item of Hardware to the extent that such loss or damage is caused by the negligence of Company or its suppliers.
9.6 Company does not guarantee that any Software supplied as part of the Hardware it will be error free. In addition to its obligations set out in the General Conditions (including, without limitation, clause 16), the Customer shall not permit the whole or any part of any Software to be incorporated into any other computer programs.
DELIVERY, ACCEPTANCE AND RISK. 4.1 Company will deliver the Mobile Equipment to the address specified on the completed order provided that address is within the United Kingdom. to clause 5.1 of these Mobile Equipment Terms not to sell, transfer, lease, charge, assign by way of security or otherwise deal in or encumber the same in any way and that it shall keep such Mobile Equipment in good working order allowing for fair wear and tear during the period of use by the Customer.
5.3 Following any:
5.3.1 upgrade or replacement of Mobile Equipment or
5.3.2 disconnection of Mobile Equipment from the Mobile Services; or
5.3.3 the termination of the Mobile Services for any reason whatsoever prior to the expiration of the Minimum Term or Renewal Period relevant for the Mobile Services (where the Mobile Equipment is being provided to the Customer without charge by Company as part of the agreed Mobile Services)
5.3.4 then Company reserves the right to either charge the Customer for any such Mobile Equipment in which Company retains title pursuant to clause Error! Reference source not found. or request the safe return of any such Mobile Equipment in which Company retains title pursuant to clause 5.1 of these Mobile Equipment Terms
5.4 Company reserves the right to charge the Customer for any Mobile Equipment that is not returned to Company in accordance with the provisions of clause 5.3 of these Mobile Equipment Terms or where the Customer fails to fulfil its obligations under clause 5.2 of these Mobile Equipment Terms.
5.5 Without prejudice to the remainder of clause 5 of Contract these Mobile Equipment Terms, in the event that the Customer sells any Mobile Equipment in breach of clause 5.2 of these Mobile Equipment Terms, the Customer agrees that liquidated damages equal to the price set out by Company for such Mobile Equipment on the date on which Company invokes its right to recover liquidated damages, shall immediately be due and payable from the Customer to Company.
