Common use of Delivery of Equipment Clause in Contracts

Delivery of Equipment. 4.1 Service Provider shall ensure that: a) each delivery of the Equipment is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Equipment (including the code number of the Equipment, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and b) if Service Provider requires the Customer to return any packaging material to Service Provider, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Service Provider shall reasonably request. Returns of packaging materials shall be at Service Provider's expense. 4.2 Service Provider shall deliver the Equipment to the location set out in the Order or such other location as the parties may agree (the “Delivery Location”) at any time after Service Provider notifies the Customer that the Equipment is ready. 4.3 Delivery of the Equipment shall be completed on the Equipment' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Equipment is approximate only, and the time of delivery is not of the essence. Service Provider shall not be liable for any delay in delivery of the Equipment that is caused by a Force Majeure Event or the Customer's failure to provide Service Provider with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment. 4.5 If Service Provider fails to deliver the Equipment, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Equipment. Service Provider shall have no liability for any failure to deliver the Equipment to the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide Service Provider with adequate delivery instructions for the Equipment or any relevant instruction related to the supply of the Equipment. 4.6 If the Customer fails to accept or take delivery of the Equipment within 10 Business Days of Service Provider notifying the Customer that the Equipment is ready, then except where such failure or delay is caused by a Force Majeure Event or by Service Provider's failure to comply with its obligations under this Agreement in respect of the Equipment: a) delivery of the Equipment shall be deemed to have been completed at 9.00 am on the second Business Day following the day on which Service Provider notified the Customer that the Equipment was ready; and b) Service Provider shall store the Equipment until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If 10 Business Days after Service Provider notified the Customer that the Equipment were ready for delivery the Customer has not accepted delivery, Service Provider may resell or otherwise dispose of part or all of the Equipment and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Equipment or charge the Customer for any shortfall below the price of the Equipment. 4.8 The Customer shall not be entitled to reject the Equipment if Service Provider delivers up to and including 5 per cent more or less than the quantity of Equipment ordered, but a pro- rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Equipment was delivered. 4.9 Service Provider may deliver the Equipment by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

Delivery of Equipment. 4.1 Service Provider shall ensure that: a) each 53.1. Any reference to delivery of in this Contract assumes that the Equipment delivery address is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Equipment (including the code number of the Equipment, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and b) if Service Provider requires as specified on the Customer to return any packaging material to Service Provider, that fact Order Form unless Comtact is clearly stated on notified in writing when the delivery note. The Customer shall make any such packaging materials available for collection at such times as Service Provider shall reasonably request. Returns of packaging materials shall be at Service Provider's expensesigns the Customer Order Form. 4.2 Service Provider shall deliver the Equipment to the location set out in the Order or such other location as the parties may agree (the “Delivery Location”) at any time after Service Provider notifies the Customer that the Equipment is ready. 4.3 Delivery of the Equipment shall be completed on the Equipment' arrival at the Delivery Location. 4.4 53.2. Any dates quoted for delivery of the Equipment is or Services are approximate only, only and the time of delivery is not of the essence. Service Provider Comtact shall not be liable for any delay in delivery of the Equipment that is caused by a Force Majeure Event or howsoever caused. Time for delivery shall not be of the Customer's failure to provide Service Provider with adequate delivery instructions or any other instructions that are relevant essence of the Contract. 53.3. Comtact will not be liable to the supply Customer for any loss or damage (direct or indirect) occasioned by its failure whether as a result of the Equipment. 4.5 If Service Provider fails its negligence or otherwise to deliver the EquipmentEquipment or Services by the date or within the time stated and in no case shall delay be a ground for rejecting the same. 53.4. Where the Equipment is to be delivered in instalments, its liability each delivery shall be limited constitute a separate Contract and failure by Comtact to deliver any one or more of the costs and expenses incurred instalments in accordance with these Conditions or any claim by the Customer in obtaining replacement goods respect of similar description and quality in any one or more instalments shall not entitle the cheapest market available, less Customer to treat the price of the EquipmentContract as a whole 53.5. Service Provider shall have no liability for any failure to deliver the Equipment to the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide Service Provider with adequate delivery instructions for the Equipment or any relevant instruction related to the supply of the Equipment. 4.6 If the Customer fails to accept or take delivery of the Equipment within 10 Business Days or fails to give Comtact adequate delivery instructions at the time stated for delivery (otherwise than by reason of Service Provider notifying any cause beyond the Customer that the Equipment is ready, then except where such failure or delay is caused by a Force Majeure Event Customer’s reasonable control or by Service Provider's failure to comply with its obligations under this Agreement in respect reason of the Equipment: aComtact’s fault) delivery of the Equipment shall be deemed then, without prejudice to have been completed at 9.00 am on the second Business Day following the day on which Service Provider notified the Customer that the Equipment was readyany other right or remedy available to Comtact, Comtact may; and b) Service Provider shall o store the Equipment until actual delivery takes place, and charge the Customer for all related the reasonable costs and expenses (including insurance). 4.7 If 10 Business Days after Service Provider notified the Customer that ) of storage; or o sell the Equipment were ready for delivery at the Customer has not accepted delivery, Service Provider may resell or otherwise dispose of part or all of the Equipment and, best price readily obtainable and (after deducting all reasonable storage and selling costs, expenses) account to the Customer for any the excess over the price of under the Equipment Contract or charge the Customer for any shortfall below the price under the Contract. 53.6. Notwithstanding delivery and the passing of risk in the Equipment, or any other provision of these Conditions, the property in the Equipment shall not pass to the Customer until Comtact has received in cash or cleared funds payment in full of the price of the Equipment together with all other sums owing to Comtact on any account whatsoever or howsoever arising have been paid in full. 53.7. Until such time as the property in the Equipment passes to the Customer (and provided the Equipment is still in existence and has not been resold), Comtact shall be entitled at any time to require the Customer to deliver up the Equipment to Comtact and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Equipment is stored and repossess the Equipment. 4.8 The 53.8. Any claim by the Customer which is based on any defect in the quality or condition of the Equipment or Services or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to Comtact within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify Comtact accordingly, the Customer shall not be entitled to reject the Equipment or Services and Comtact shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if Service Provider delivers up the Equipment or Services had been delivered in accordance with the Contract. 53.9. Where any valid claim in respect of any of the Equipment which is based on any defect in the quality or condition of the Equipment or their failure to and including 5 per cent more meet specification is notified to Comtact in accordance with these Conditions, Comtact shall be entitled to replace the Equipment (or less than the quantity part in question) free of charge or, at Comtact’s sole discretion, refund to the Customer the price of the Equipment ordered(or a proportionate part of the price), but a pro- rata adjustment Comtact shall have no further liability to the Customer. 53.10. Under no circumstances shall Comtact be liable for any economic loss or damage suffered by the Customer howsoever caused and whether foreseeable or contemptible which for the avoidance of doubt shall be made to the Order invoice on receipt taken as including any loss of notice from the Customer that the wrong quantity of Equipment was deliveredprofits, business revenue, goodwill, anticipated saving overhead and labour costs. 4.9 Service Provider may deliver the Equipment by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

Delivery of Equipment. 4.1 Service Provider Keytech Networks Ltd shall ensure that: a) each delivery of the Equipment is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Equipment (including the code number of the Equipment, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and b) if Service Provider requires the Customer to return any packaging material to Service Provider, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Service Provider shall reasonably request. Returns of packaging materials shall be at Service Provider's expense. 4.2 Service Provider Keytech Networks Ltd shall deliver the Equipment to the location set out in the Order or such other location as the parties may agree (the “Delivery Location”) at any time after Service Provider Keytech Networks Ltd notifies the Customer that the Equipment is ready. 4.3 Delivery of the Equipment shall be completed on the Equipment' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Equipment is approximate only, and the time of delivery is not of the essence. Service Provider Keytech Networks Ltd shall not be liable for any delay in delivery of the Equipment that is caused by a Force Majeure Event or the Customer's failure to provide Service Provider Keytech Networks Ltd with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment. 4.5 If Service Provider Keytech Networks Ltd fails to deliver the Equipment, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Equipment. Service Provider Keytech Networks Ltd shall have no liability for any failure to deliver the Equipment to the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide Service Provider Keytech Networks Ltd with adequate delivery instructions for the Equipment or any relevant instruction related to the supply of the Equipment. 4.6 If the Customer fails to accept or take delivery of the Equipment within 10 Business Days of Service Provider Keytech Networks Ltd notifying the Customer that the Equipment is ready, then except where such failure or delay is caused by a Force Majeure Event or by Service ProviderKeytech Networks Ltd's failure to comply with its obligations under this Agreement in respect of the Equipment: a) delivery of the Equipment shall be deemed to have been completed at 9.00 am on the second Business Day following the day on which Service Provider Keytech Networks Ltd notified the Customer that the Equipment was ready; and b) Service Provider Keytech Networks Ltd shall store the Equipment until delivery takes place, place and charge the Customer for all related costs and expenses (including insurance). 4.7 If 10 Business Days after Service Provider Keytech Networks Ltd notified the Customer that the Equipment were ready for delivery the Customer has not accepted delivery, Service Provider Keytech Networks Ltd may resell or otherwise dispose of part or all of the Equipment and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Equipment or charge the Customer for any shortfall below the price of the Equipment. 4.8 The Customer shall not be entitled to reject the Equipment if Service Provider Keytech Networks Ltd delivers up to and including 5 per cent more or less than the quantity of Equipment ordered, but a pro- rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Equipment was delivered. 4.9 Service Provider Keytech Networks Ltd may deliver the Equipment by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

Delivery of Equipment. 4.1 Service Provider shall ensure that: a) each delivery of the Equipment is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Equipment (including the code number of the Equipment, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and b) if Service Provider requires the Customer to return any packaging material to Service Provider, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Service Provider shall reasonably request. Returns of packaging materials shall be at Service Provider's expense. 4.2 Service Provider shall deliver the Equipment to the location set out in the Order or such other location as the parties may agree (the “Delivery Location”) at any time after Service Provider notifies the Customer that the Equipment is ready. 4.3 Delivery of the Equipment shall be completed on the Equipment' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Equipment is approximate only, and the time of delivery is not of the essence. Service Provider shall not be liable for any delay in delivery of the Equipment that is caused by a Force Majeure Event or the Customer's failure to provide Service Provider with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment. 4.5 If Service Provider fails to deliver the Equipment, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Equipment. Service Provider shall have no liability for any failure to deliver the Equipment to the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide Service Provider with adequate delivery instructions for the Equipment or any relevant instruction related to the supply of the Equipment. 4.6 If the Customer fails to accept or take delivery of the Equipment within 10 Business Days of Service Provider notifying the Customer that the Equipment is ready, then except where such failure or delay is caused by a Force Majeure Event or by Service Provider's failure to comply with its obligations under this Agreement in respect of the Equipment: a) delivery of the Equipment shall be deemed to have been completed at 9.00 am on amon the second Business Day following the day on which Service Provider notified the Customer that the Equipment was ready; and b) Service Provider shall store the Equipment until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If 10 Business Days after Service Provider notified the Customer that the Equipment were ready for delivery the Customer has not accepted delivery, Service Provider may resell or otherwise dispose of part or all of the Equipment and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Equipment or charge the Customer for any shortfall below the price of the Equipment. 4.8 The Customer shall not be entitled to reject the Equipment if Service Provider delivers up to and including 5 per cent more or less than the quantity of Equipment ordered, but a pro- rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Equipment was delivered. 4.9 Service Provider may deliver the Equipment by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

Delivery of Equipment. 4.1 Service Provider Nomis shall ensure that: (a) each delivery of the Equipment is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Equipment (including the code number of the Equipment, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and (b) if Service Provider Nomis requires the Customer to return any packaging material to Service ProviderNomis, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Service Provider Nomis shall reasonably request. Returns of packaging materials shall be at Service ProviderNomis's expense. 4.2 Service Provider Nomis shall deliver the Equipment to the location set out in the Order or such other location as the parties may agree (the “Delivery Location”) at any time after Service Provider Nomis notifies the Customer that the Equipment is ready. 4.3 Delivery of the Equipment shall be completed on the Equipment' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Equipment is approximate only, and the time of delivery is not of the essence. Service Provider Nomis shall not be liable for any delay in delivery of the Equipment that is caused by a Force Majeure Event or the Customer's failure to provide Service Provider Nomis with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment. 4.5 If Service Provider Nomis fails to deliver the Equipment, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Equipment. Service Provider Nomis shall have no liability for any failure to deliver the Equipment to the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide Service Provider Nomis with adequate delivery instructions for the Equipment or any relevant instruction related to the supply of the Equipment. 4.6 If the Customer fails to accept or take delivery of the Equipment within 10 Business Days of Service Provider Nomis notifying the Customer that the Equipment is ready, then except where such failure or delay is caused by a Force Majeure Event or by Service ProviderNomis's failure to comply with its obligations under this Agreement in respect of the Equipment: (a) delivery of the Equipment shall be deemed to have been completed at 9.00 am on the second Business Day following the day on which Service Provider Nomis notified the Customer that the Equipment was ready; and (b) Service Provider Nomis shall store the Equipment until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If 10 Business Days after Service Provider Nomis notified the Customer that the Equipment were ready for delivery the Customer has not accepted delivery, Service Provider Nomis may resell or otherwise dispose of part or all of the Equipment and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Equipment or charge the Customer for any shortfall below the price of the Equipment. 4.8 The Customer shall not be entitled to reject the Equipment if Service Provider Nomis delivers up to and including 5 per cent more or less than the quantity of Equipment ordered, but a pro- pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Equipment was delivered. 4.9 Service Provider Nomis may deliver the Equipment by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment. 5. QUALITY OF EQUIPMENT AND MAINTENANCE OBLIGATIONS OF NOMIS AND CUSTOMER 5.1 Following a request by the Customer for maintenance service, Nomis shall, subject to any circumstances beyond its control: (a) confirm by telephone that the Customer has carried out the procedures necessary to establish that the fault is not external to the Equipment, and if necessary; (b) interrogate the system via remote access, perform diagnostic routines to determine the exact nature of the reported fault and carry out any remedial action required; (c) as soon as practicably possible attend the Customers site and repair or replace the defective Equipment if necessary. 5.2 Response Type shall be as follows: Level 1 during Normal Working Hours within 4 hours. Service response times exclude system configuration changes referred to at clause 5.5. 5.3 Nomis shall make no charge for labour, materials, carriage or other costs relating to the repair or replacement of the defective Equipment other than the annual amount payable under this Agreement, subject to the provisions of Clause 5. All parts or replaced units shall become the property of Nomis. 5.4 In the event of a fault being reported to Nomis, which is found to be external to the equipment, then Nomis reserves the right to make a call-out charge at current service rates. 5.5 Nomis will provide minor system reconfiguration programming changes per annum, within the scope of this contract. Additional programming works will be charge at current service.

Delivery of Equipment. 4.1 Service Provider MEMS shall ensure that: a) each delivery of the Equipment is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Equipment (including the code number of the Equipment, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and b) if Service Provider requires the Customer to return any packaging material to Service Provider, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Service Provider shall reasonably request. Returns of packaging materials shall be at Service Provider's expense. 4.2 Service Provider shall deliver Deliver the Equipment to the location set out in the Order or such other location as the parties may agree (the “Delivery Location”) at any time after Service Provider notifies the Customer that the Equipment is ready. 4.3 . Any dates and times quoted for Delivery of the Equipment shall be completed on the Equipment' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Equipment is are approximate only, and the time of delivery Delivery is not of the essence. Service Provider MEMS shall not be liable for any delay in delivery Delivery of the Equipment that is caused by a Force Majeure Event or the Customer's ’s failure to provide Service Provider MEMS with adequate delivery Delivery instructions or any other instructions that are relevant to the supply of the Equipment. 4.5 If Service Provider fails 4.2 The Customer shall be responsible for the unobstructed access and egress and, unless otherwise agreed in writing, for unloading and loading of the Equipment (and for any repairs required pursuant to deliver clause 7) at the Delivery Location. 4.3 The Customer shall ensure that an authorised representative shall be present at the Delivery Location on the Delivery date(s) to take Delivery of the Equipment and sign the related Delivery ticket. Should the Customer fail to ensure that such authorised representative is so present, MEMS shall be entitled to assume that the individual signing the Delivery ticket at the Delivery Location has apparent authority to bind the Customer and shall not be held responsible for any lack of authority. 4.4 Unless MEMS has agreed in the Quotation to supply craneage, if a crane or other lifting equipment is required for the safe and proper delivery of any Equipment, its liability the Customer will be responsible for the provision and cost of the same and all associated costs. 4.5 The Customer is deemed to have knowledge of the Delivery Location or the property or land where the Equipment is to be Delivered and the Customer warrants that the condition of the Delivery Location is suitable for the use of such Equipment. The Customer shall be limited inform MEMS in writing in advance of any restrictions (including height restrictions) with respect to the costs and expenses incurred by Delivery Location and/or access to the Customer in obtaining replacement goods of similar description and quality in Delivery Location that could reasonably be considered likely to affect Delivery. 4.6 If the cheapest market available, less the price of the Equipment. Service Provider shall have no liability ground (including any private access road or track) is soft or unsuitable for any failure to deliver the Equipment to work on, be transported over, be assembled or dismantled on without support, the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide Service Provider with adequate delivery instructions Customer shall supply and lay suitable support in suitable positions for the Equipment to work on, be transported over and be assembled and dismantled on, including for the purpose of Delivery and collection. Any support material supplied by MEMS is provided solely to assist the Customer under their duties within this clause 4.6 and expressly not to relieve it of its legal, regulatory or any relevant instruction related contractual obligations to the supply ensure adequate stability of the Equipment. 4.6 If 4.7 The Customer is responsible for the protection of, and liable for any damage to, any underground, surface or above ground services and utilities including cables, ducts, water pipes and gas lines, and any pavements, bridges, tunnels and roadways on or adjacent to the Delivery Location and the Customer fails to accept or take delivery shall liaise as necessary and comply with all requirements of the Equipment within 10 Business Days of Service Provider notifying the Customer that the Equipment is ready, then except where such failure relevant statutory authority or delay is caused by a Force Majeure Event or by Service Provider's failure to comply with its obligations under this Agreement in respect of the Equipment: a) delivery of the Equipment shall be deemed to have been completed at 9.00 am on the second Business Day following the day on which Service Provider notified the Customer that the Equipment was ready; and b) Service Provider shall store the Equipment until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If 10 Business Days after Service Provider notified the Customer that the Equipment were ready for delivery the Customer has not accepted delivery, Service Provider may resell or otherwise dispose of part or all of the Equipment and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Equipment or charge the Customer for any shortfall below the price of the Equipmentsimilar body. 4.8 The Customer shall not will be entitled to reject responsible for compliance with relevant regulations issued by the Government or Local Authorities, including regulations under the Environmental Acts, Factories Acts, Health and Safety at Work, etc. Act and observance of the Road Traffic Acts should they apply, including the cost of road fund licences and any insurances made necessary thereby, save that if and during such time as the Equipment if Service Provider delivers up is travelling, whether for full or part journey from MEMS to the Delivery Location and including 5 per cent more or less than the quantity of Equipment orderedDelivery Location to MEMS under its own power with a driver supplied by MEMS, but a pro- rata adjustment MEMS and not the Customer shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Equipment was deliveredresponsible as aforesaid. 4.9 Service Provider may deliver The Customer accepts and acknowledges that should a Battery be supplied as part of the Equipment by instalmentsEquipment, which MEMS does not guarantee that any such Battery shall be invoiced delivered with any charge, and paid for separately. Each instalment any charge remaining on collection by MEMS shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer be provided to cancel any other instalmentMEMS without cost.