Common use of DELIVERY OF EQUIPMENT AND SERVICES Clause in Contracts

DELIVERY OF EQUIPMENT AND SERVICES. 6.1 Leaseweb shall use commercially reasonable efforts to ensure that: a) the Services will be ready for Customer’s use on the requested Delivery Date; and b) any Equipment sold by Leaseweb to Customer will be delivered on the requested Delivery Date at the Data Center, as specified in the Order Form/Order Confirmation. In view of the foregoing, Customer acknowledges that the Delivery Date is a target date. 6.2 Leaseweb will confirm the actual Delivery Date. 6.3 With effect from the Delivery Date, the Equipment shall be for the risk and benefit of Customer. However, title of ownership to the Equipment will only pass to Customer on the receipt by Leaseweb of payment - in full - of the purchase price for such Equipment, as specified in the Order Form/Order Confirmation. For the avoidance of doubt: In the event that Customer leases Dedicated Equipment, such lease will be an operational lease and payment of Service Charges shall not constitute any transfer of ownership of such Dedicated Equipment to Customer. 6.4 Leaseweb may – at its sole discretion – unilaterally delay the Delivery Date, by giving written notice to Customer, taking into account a notice period of at least five (5) days, provided that Customer shall be entitled to a credit equal to ten percent (10%) of the non-recurring charges, referred to in Clause 10.4b), with respect to the affected Service if Leaseweb unilaterally delays the Delivery Date by more than thirty (30) days after the initial Delivery Date. Leaseweb’s notice of delay shall state a new Delivery Date. 6.5 In case Customer has a complaint with respect to: a) the Service, Customer shall provide written notice to Leaseweb, including in reasonable detail the grounds for its complaint, within two (2) days from the Delivery Date in the absence whereof Services shall be deemed to be approved of by Customer; b) any Equipment sold by Leaseweb to Customer, Customer shall provide written notice to Leaseweb, including in reasonable detail the grounds for its complaint, within five (5) days from the Delivery Date in the absence whereof such Equipment shall be deemed to be accepted and approved of by Customer. 6.6 In the event that Customer has provided its written complaint in accordance with Clause 6.5, and such complaint is found to be justified, Leaseweb shall take such action as necessary, and as expeditiously as reasonably practicable, to correct or cure such defect or failure. Leaseweb will subsequently notify Customer hereof once the Service or Equipment is functioning properly and the complaint periods specified in Clause 6.5 shall (re)commence on the date of such notice.

Appears in 5 contracts

Samples: General Conditions, General Conditions, General Conditions

AutoNDA by SimpleDocs

DELIVERY OF EQUIPMENT AND SERVICES. 6.1 Leaseweb LeaseWeb shall use commercially reasonable efforts to ensure that: a) the Services will be ready for Customer’s use on the requested Delivery RFS Date; and b) any Equipment sold by Leaseweb LeaseWeb to Customer will be delivered on the requested Delivery Date at the Data Center, as specified in the Order Form/Order Confirmation. In view of the foregoing, Customer acknowledges that both the RFS Date and the Delivery Date is a are target datedates. 6.2 Leaseweb will confirm the actual Delivery Date. 6.3 With effect from delivery to Customer of the Delivery DateEquipment sold by LeaseWeb to Customer, the such Equipment shall be for the risk and benefit of Customer. However, title of ownership to the Equipment will only pass to Customer on the receipt by Leaseweb LeaseWeb of payment - in full - of the purchase price for such Equipment, as specified in the Order Form/Order Confirmation. For the avoidance of doubt: In the event that Customer leases Dedicated Equipment, such lease will be an operational lease and payment of Service Charges shall not constitute any transfer of ownership of such Dedicated Equipment to Customer. 6.4 Leaseweb 6.3 LeaseWeb may – at its sole discretion – unilaterally delay the Delivery RFS Date, by giving written notice to Customer, taking into account a notice period of at least five (5) days, provided that Customer shall be entitled to a credit equal to ten percent (10%) of the non-recurring charges, referred to in Clause 10.4b), with respect to the affected Service if Leaseweb LeaseWeb unilaterally delays the Delivery RFS Date by more than thirty (30) days after the initial Delivery RFS Date. LeasewebLeaseWeb’s notice of delay shall state a new Delivery RFS Date. 6.5 6.4 In case Customer has a complaint with respect to: a) the Service, Customer shall provide written notice to LeasewebLeaseWeb, including in reasonable detail the grounds for its complaint, within two (2) days from the Delivery RFS Date in the absence whereof Services shall be deemed to be approved of by Customer; b) any Equipment sold by Leaseweb LeaseWeb to Customer, Customer shall provide written notice to LeasewebLeaseWeb, including in reasonable detail the grounds for its complaint, within five (5) days from the Delivery Date in the absence whereof such Equipment shall be deemed to be accepted and approved of by Customer. 6.6 6.5 In the event that Customer has provided its written complaint in accordance with Clause 6.56.4, and such complaint is found to be justified, Leaseweb LeaseWeb shall take such action as necessary, and as expeditiously as reasonably practicable, to correct or cure such defect or failure. Leaseweb LeaseWeb will subsequently notify Customer hereof once the Service or Equipment is functioning properly and the complaint periods specified in Clause 6.5 6.4 shall (re)commence on the date of such notice.

Appears in 2 contracts

Samples: General Conditions, General Conditions

DELIVERY OF EQUIPMENT AND SERVICES. 6.1 Leaseweb Triplinq shall use commercially reasonable efforts to ensure that: a) the Services will be ready for Customer’s use on the requested Delivery RFS Date; and b) any Equipment sold by Leaseweb Triplinq to Customer will be delivered on the requested Delivery Date at the Data Center, as specified in the Order Form/Order Confirmation. In view of the foregoing, Customer acknowledges that both the RFS Date and the Delivery Date is a are target datedates. 6.2 Leaseweb will confirm the actual Delivery Date. 6.3 With effect from delivery to Customer of the Delivery DateEquipment sold by Triplinq to Customer, the such Equipment shall be for the risk and benefit of Customer. However, title of ownership to the Equipment will only pass to Customer on the receipt by Leaseweb Triplinq of payment - in full - of the purchase price for such Equipment, as specified in the Order Form/Order Confirmation. For the avoidance of doubt: In the event that Customer leases Dedicated Equipment, such lease will be an operational lease and payment of Service Charges shall not constitute any transfer of ownership of such Dedicated Equipment to Customer. 6.4 Leaseweb 6.3 Triplinq may – at its sole discretion – unilaterally delay the Delivery RFS Date, by giving written notice to Customer, taking into account a notice period of at least five (5) days, provided that Customer shall be entitled to a credit equal to ten percent (10%) of the non-recurring charges, referred to in Clause 10.4b), with respect to the affected Service if Leaseweb Triplinq unilaterally delays the Delivery RFS Date by more than thirty (30) days after the initial Delivery RFS Date. LeasewebTriplinq ’s notice of delay shall state a new Delivery RFS Date. 6.5 6.4 In case Customer has a complaint with respect to: a) the Service, Customer shall provide written notice to LeasewebTriplinq, including in reasonable detail the grounds for its complaint, within two (2) days from the Delivery RFS Date in the absence whereof Services shall be deemed to be approved of by Customer; b) any Equipment sold by Leaseweb Triplinq to Customer, Customer shall provide written notice to LeasewebTriplinq, including in reasonable detail the grounds for its complaint, within five (5) days from the Delivery Date in the absence whereof such Equipment shall be deemed to be accepted and approved of by Customer. 6.6 6.5 In the event that Customer has provided its written complaint in accordance with Clause 6.56.4, and such complaint is found to be justified, Leaseweb Triplinq shall take such action as necessary, and as expeditiously as reasonably practicable, to correct or cure such defect or failure. Leaseweb Triplinq will subsequently notify Customer hereof once the Service or Equipment is functioning properly and the complaint periods specified in Clause 6.5 6.4 shall (re)commence on the date of such notice.

Appears in 1 contract

Samples: General Conditions

DELIVERY OF EQUIPMENT AND SERVICES. 6.1 Leaseweb LeaseWeb shall use commercially reasonable efforts to ensure that: a) the Services will be ready for Customer’s use on the requested Delivery RFS Date; and b) any Equipment sold by Leaseweb LeaseWeb to Customer will be delivered on the requested Delivery Date at the Data CenterLeaseWeb Datacenter, as specified in the Order Form/Order Confirmation. In view of the foregoing, Customer acknowledges that both the RFS Date and the Delivery Date is a are target datedates. 6.2 Leaseweb will confirm the actual Delivery Date. 6.3 With effect from delivery to Customer of the Delivery DateEquipment sold by LeaseWeb to Customer, the such Equipment shall be for the risk and benefit of Customer. However, title of ownership to the Equipment will only pass to Customer on the receipt by Leaseweb LeaseWeb of payment - in full - of the purchase price for such Equipment, as specified in the Order Form/Order Confirmation. For the avoidance of doubt: In the event that Customer leases Dedicated Equipment, such lease will be an operational lease and payment of Service Charges shall not constitute any transfer of ownership of such Dedicated Equipment to Customer. 6.4 Leaseweb 6.3 LeaseWeb may – at its sole discretion – unilaterally delay the Delivery RFS Date, by giving written notice to Customer, taking into account a notice period of at least five (5) days, provided that Customer shall be entitled to a credit equal to ten percent (10%) of the non-recurring non‐recurring charges, referred to in Clause 10.4b), with respect to the affected Service if Leaseweb LeaseWeb unilaterally delays the Delivery RFS Date by more than thirty (30) days after the initial Delivery RFS Date. LeasewebLeaseWeb’s notice of delay shall state a new Delivery RFS Date. 6.5 6.4 In case Customer has a complaint with respect to: a) the Service, Customer shall provide written notice to LeasewebLeaseWeb, including in reasonable detail the grounds for its complaint, within two (2) days from the Delivery RFS Date in the absence whereof Services shall be deemed to be approved of by Customer; b) any Equipment sold by Leaseweb LeaseWeb to Customer, Customer shall provide written notice to LeasewebLeaseWeb, including in reasonable detail the grounds for its complaint, within five (5) days from the Delivery Date in the absence whereof such Equipment shall be deemed to be accepted and approved of by Customer. 6.6 6.5 In the event that Customer has provided its written complaint in accordance with Clause 6.56.4, and such complaint is found to be justified, Leaseweb LeaseWeb shall take such action as necessary, and as expeditiously as reasonably practicable, to correct or cure such defect or failure. Leaseweb LeaseWeb will subsequently notify Customer hereof once the Service or Equipment is functioning properly and the complaint periods specified in Clause 6.5 6.4 shall (re)commence on the date of such notice.

Appears in 1 contract

Samples: General Conditions

AutoNDA by SimpleDocs

DELIVERY OF EQUIPMENT AND SERVICES. 6.1 Leaseweb LeaseWeb shall use commercially reasonable efforts to ensure that: a) the Services will be ready for Customer’s use on the requested Delivery RFS Date; and b) any Equipment sold by Leaseweb LeaseWeb to Customer will be delivered on the requested Delivery Date at the Data CenterLeaseWeb Datacenter, as specified in the Order Form/Order Confirmation. In view of the foregoing, Customer acknowledges that both the RFS Date and the Delivery Date is a are target datedates. 6.2 Leaseweb will confirm the actual Delivery Date. 6.3 With effect from delivery to Customer of the Delivery DateEquipment sold by LeaseWeb to Customer, the such Equipment shall be for the risk and benefit of Customer. However, title of ownership to the Equipment will only pass to Customer on the receipt by Leaseweb LeaseWeb of payment - in full - of the purchase price for such Equipment, as specified in the Order Form/Order Confirmation. For the avoidance of doubt: In the event that Customer leases Dedicated Equipment, such lease will be an operational lease and payment of Service Charges shall not constitute any transfer of ownership of such Dedicated Equipment to Customer. 6.4 Leaseweb 6.3 LeaseWeb may – at its sole discretion – unilaterally delay the Delivery RFS Date, by giving written notice to Customer, taking into account a notice period of at least five (5) days, provided that Customer shall be entitled to a credit equal to ten percent (10%) of the non-recurring non‐recurring charges, referred to in Clause 10.4b), with respect to the affected Service if Leaseweb LeaseWeb unilaterally delays the Delivery RFS Date by more than thirty (30) days after the initial Delivery RFS Date. LeasewebLeaseWeb’s notice of delay shall state a new Delivery RFS Date. 6.5 6.4 In case Customer has a complaint with respect to: a) the Service, Customer shall provide written notice to LeasewebLeaseWeb, including in reasonable detail the grounds for its complaint, within two (2) days from the Delivery Date RFS date in the absence whereof Services shall be deemed to be approved of by Customer; b) any Equipment sold by Leaseweb LeaseWeb to Customer, Customer shall provide written notice to LeasewebLeaseWeb, including in reasonable detail the grounds for its complaint, within five (5) days from the Delivery Date in the absence whereof such Equipment shall be deemed to be accepted and approved of by Customer. 6.6 6.5 In the event that Customer has provided its written complaint in accordance with Clause 6.56.4, and such complaint is found to be justified, Leaseweb LeaseWeb shall take such action as necessary, and as expeditiously as reasonably practicable, to correct or cure such defect or failure. Leaseweb LeaseWeb will subsequently notify Customer hereof once the Service or Equipment is functioning properly and the complaint periods specified in Clause 6.5 6.4 shall (re)commence on the date of such notice.

Appears in 1 contract

Samples: General Conditions

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!