Common use of Duties of the Customer Clause in Contracts

Duties of the Customer. The Customer shall during the continuance of the Contract:- 7.1. ensure that the Equipment is only operated in accordance with the instructions for its use and by an appropriately trained person; 7.2. indemnify BZR against all fines, penalties and liabilities imposed on BZR or arising in respect of any non-compliance or contravention of law or regulation applying to the operation and use of the Equipment (including, without limitation, all laws and regulations relating to food hygiene) by the Customer or any employee, officer or agent of the Customer, together with any costs or expenses relating thereto incurred by BZR; 7.3. not take or allow the Equipment to be taken from the Customer’s premises stated in the Schedule,or move the Equipment from the position from which it is installed by BZR, without receiving The prior written authority of BZR; 7.4. bear the cost of the repair or rectification of any damage to the Equipment resulting from negligence or improper use of the Equipment by the Customer or any employee, officer or agent of it or which is accidentally or willfully damaged by any other person present on the Company’s premises (other than an employee, officer or agent of BZR ); 7.5. not sell, assign, mortgage, let or hire or otherwise dispose of or part possession of the Equipment for any part thereof; 7.6. take all necessary steps as an expense to retain and recover possession and control of the Equipment of which the Customer loses possession or control; 7.7. permit BZR or its authorised representatives at all reasonable times to enter upon the premises where the Equipment may from time to time be kept, to inspect and test the condition of the same; 7.8. in respect of the condition and maintenance of the Equipment, be solely responsible at its own cost for:- 7.8.1. regularly cleaning and maintaining the Equipment in accordance with the instructions given by BZR to the Customer pursuant to clause 5.3; 7.8.2. keeping accurate records of the maintenance and cleaning of the Equipment; 7.8.3. promptly informing BZR of any damage to the Equipment or any malfunction or breakdown in its operation; 7.8.4. promptly informing BZR of the theft or loss of possession of the Equipment. 7.9. not use or operate or permit the Equipment to be used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law having regard in particular (but without prejudice to the generality of the foregoing) to the regulations effecting maintenance and usage of food dispensing equipment; 7.10. not turn the machine off at any time except in the case of emergency or for the purposes of cleaning or maintenance in accordance with clause 7.8 hereof; and 7.11. purchase from BZR in each year the Minimum Purchasing Requirements or if the contract is terminated by the Customer provide compensation for the period of the Contract up to the Minimum Purchasing Requirement or the amount of the previous year’s sales, whichever is higher. This figure will be divided by 12 and multiplied by the number of months remaining of the contract.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

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Duties of the Customer. The Customer shall during the continuance of the Contract:- 7.1. ensure that the Equipment is only operated in accordance with the instructions for its use and by an appropriately trained person; 7.2. indemnify BZR against all fines, penalties and liabilities imposed on BZR or arising in respect of any non-compliance or contravention of law or regulation applying to the operation and use of the Equipment (including, without limitation, all laws and regulations relating to food hygiene) by the Customer or any employee, officer or agent of the Customer, together with any costs or expenses relating thereto incurred by BZR; 7.3. not take or allow the Equipment to be taken from the Customer’s premises stated in the Schedule,or move the Equipment from the position from which it is installed by BZR, without receiving The prior written authority of BZR; 7.4. bear the cost of the repair or rectification of any damage to the Equipment resulting from negligence or improper use of the Equipment by the Customer or any employee, officer or agent of it or which is accidentally or willfully damaged by any other person present on the Company’s premises (other than an employee, officer or agent of BZR ); 7.5. not sell, assign, mortgage, let or hire or otherwise dispose of or part possession of the Equipment for any part thereof; 7.6. take all necessary steps as an expense to retain and recover possession and control of the Equipment of which the Customer loses possession or control; 7.7. permit BZR or its authorised representatives at all reasonable times to enter upon the premises where the Equipment may from time to time be kept, to inspect and test the condition of the same; 7.8. in respect of the condition and maintenance of the Equipment, be solely responsible at its own cost for:- 7.8.1. regularly cleaning and maintaining the Equipment in accordance with the instructions given by BZR to the Customer pursuant to clause 5.3; 7.8.2. keeping accurate records of the maintenance and cleaning of the Equipment; 7.8.3. promptly informing BZR of any damage to the Equipment or any malfunction or breakdown in its operation; 7.8.4. promptly informing BZR of the theft or loss of possession of the Equipment. 7.9. not use or operate or permit the Equipment to be used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law having regard in particular (but without prejudice to the generality of the foregoing) to the regulations effecting maintenance and usage of food dispensing equipment; 7.10. not turn the machine off at any time except in the case of emergency or for the purposes of cleaning or maintenance in accordance with clause 7.8 hereof; and 7.11. purchase from BZR in each year the Minimum Purchasing Requirements or if the contract is terminated by the Customer provide compensation for the period of the Contract up to the Minimum Purchasing Requirement or the amount of the previous year’s sales, whichever is higher. This figure will be divided by 12 and multiplied by the number of months remaining of the contract.

Appears in 1 contract

Samples: Standard Terms for the Provision of Equipment

Duties of the Customer. The Customer shall during the continuance of the Contract:-Contract: - 7.1. ensure that the Equipment is only operated in accordance with the instructions for its use and by an appropriately trained person;. 7.2. indemnify BZR against all fines, penalties and liabilities imposed on BZR or arising in respect of any non-compliance or contravention of law or regulation applying to the operation and use of the Equipment (including, without limitation, all laws and regulations relating to food hygiene) by the Customer or any employee, officer or agent of the Customer, together with any costs or expenses relating thereto incurred by BZR; 7.3. not take or allow the Equipment to be taken from the Customer’s premises stated in the Schedule,Schedule or move the Equipment from the position from which it is installed by BZR, without receiving The the prior written authority of BZR;. 7.4. bear the cost of the repair or rectification of any damage to the Equipment resulting from negligence or improper use of the Equipment by the Customer or any employee, officer or agent of it or which is accidentally or willfully damaged by any other person present on the Company’s premises (other than an employee, officer or agent of BZR ); 7.5. not sell, assign, mortgage, let or hire or otherwise dispose of or part possession of the Equipment for any part thereof;. 7.6. take all necessary steps as an expense to retain and recover possession and control of the Equipment of which the Customer loses possession or control;. 7.7. permit BZR or its authorised representatives at all reasonable times to enter upon the premises where the Equipment may from time to time be kept, to inspect and test the condition of the same;. 7.8. in respect of the condition and maintenance of the Equipment, be solely responsible at its own cost for:-for: - 7.8.1. regularly cleaning and maintaining the Equipment in accordance with the instructions given by BZR to the Customer pursuant to clause 5.3;. 7.8.2. keeping accurate records of the maintenance and cleaning of the Equipment;. 7.8.3. promptly informing BZR of any damage to the Equipment or any malfunction or breakdown in its operation;. 7.8.4. promptly informing BZR of the theft or loss of possession of the Equipment. 7.9. not use or operate or permit the Equipment to be used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law having regard in particular (but without prejudice to the generality of the foregoing) to the regulations effecting maintenance and usage of food dispensing equipment;. 7.10. not turn the machine off at any time except in the case of emergency or for the purposes of cleaning or maintenance in accordance with clause 7.8 hereof; and 7.11. purchase from BZR in each year the Minimum Purchasing Requirements or if the contract is terminated by the Customer provide compensation for the period of the Contract up to the Minimum Purchasing Requirement or the amount of the previous year’s sales, whichever is higher. This figure will be divided by 12 and multiplied by the number of months remaining of the contract.

Appears in 1 contract

Samples: Supply Agreement

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Duties of the Customer. 8.1. The Customer shall during for the continuance duration of this Agreement: 8.1.1. co-operate with the Contract:-Supplier in all matters relating to the Services; 7.18.1.2. comply with all applicable laws, including health and safety laws and regulations; 8.1.3. obtain and maintain all necessary licences, permissions and consents which may be required in relation to the Services, including any required before the Commencement Date or Delivery Date; 8.1.4. provide the Supplier, its employees, agents, consultants and subcontractors with access to the Customer’s premises, and any other location as reasonably required by the Supplier to perform its obligations under this Agreement; 8.1.5. provide the Supplier with such information and materials as the Supplier may reasonably require in order to perform its obligations under this Agreement, and ensure the information is complete and accurate in all material respects; 8.1.6. ensure that the Equipment is kept and operated in a suitable environment and used only for the purposes for which it is designed and set out in the Order, and operated in a proper manner by trained competent staff in accordance with the instructions for its use and by an appropriately trained personany operating instructions; 7.28.1.7. take such steps (including compliance with all safety and usage instructions provided by the Supplier) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; 8.1.8. maintain the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was as at the Delivery Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment; 8.1.9. indemnify BZR the Supplier against all fines, penalties and liabilities imposed on BZR or arising in respect of any non-compliance or contravention of any law or regulation applying to the operation and use of the Equipment (including, without limitation, all laws and regulations relating to food hygiene) by the Customer or any employee, officer or agent of the Customerregulation, together with any costs cost or expenses relating thereto incurred by BZRthe Supplier as a result; 7.38.1.10. not take or allow any of the Equipment to be taken from out of the Customer’s premises stated in the Schedule,or move the Equipment from the position from which it is installed by BZR, United Kingdom mainland without receiving The prior written authority of BZRthe Supplier and, in the event of authority being granted, only on such terms as the Supplier stipulates; 7.48.1.11. collect from and return to the Supplier (or to/from any place the Supplier stipulates), any replacement Equipment. The replacement Equipment shall be returned within 24 hours of notification from the Supplier that the original Equipment is ready for collection, failing which the Customer will pay an additional daily charge for such, at a rate determined by the Supplier for the period where the replacement Equipment is retained by the Customer; 8.1.12. return the Equipment in substantially the same condition as it was at the Delivery Date (fair wear and tear only excepted); 8.1.13. bear the cost of the repair or rectification of any damage to the Equipment resulting from negligence or improper use of the Equipment by the Customer or any employeeperson permitted by the Customer to use the Equipment; 8.1.14. pay all costs incurred by the Supplier in respect of the supply and fixing of any accessories, officer extras or agent of it additions which may be required by law or which is accidentally are fixed to the Equipment at the request of or willfully damaged by any other person present on the Company’s premises (other than an employee, officer or agent of BZR )Customer; 7.58.1.15. not sell, assign, mortgage, let or hire or otherwise dispose of or part possession in the event the Customer’s control of the Equipment for any part thereof; 7.6. is lost, take all necessary steps as an at its own expense to retain and recover possession and control of the Equipment of which the Customer loses possession or controlsuch; 7.78.1.16. permit BZR the Supplier or its authorised representatives at all reasonable times to enter upon the any premises where the Equipment may from time is held in order for inspections and tests of Equipment condition to time be kept, to inspect and test the condition of the samecarried out; 7.88.1.17. notify the Supplier of any change in respect of the condition and maintenance of Customer’s address or the Equipment, ’s location; and 8.1.18. ensure that the Equipment is at all times identifiable as being the Supplier’s property and wherever possible ensure that a visible sign to that effect is attached to the Equipment; and 8.1.19. be solely responsible at its own liable for the cost for:-for upkeeping and continuously maintaining the Equipment (including any replacement Equipment supplied pursuant to clause 7.1) including but not limited to: 7.8.18.1.19.1. regularly cleaning and maintaining the Equipment; 8.1.19.2. promptly carrying out repairs to damage to the Equipment in accordance with the instructions given by BZR to the Customer pursuant (subject to clause 5.3;6.6.1); and 7.8.28.1.19.3. regularly servicing the Equipment and keeping accurate records of the maintenance and cleaning of the Equipment; 7.8.3. promptly informing BZR of any damage to the Equipment or any malfunction or breakdown in its operation; 7.8.4. promptly informing BZR of the theft or loss of possession of the Equipmentsame. 7.9. not use or operate or permit the Equipment to be used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law having regard in particular (but without prejudice to the generality of the foregoing) to the regulations effecting maintenance and usage of food dispensing equipment; 7.10. not turn the machine off at any time except in the case of emergency or for the purposes of cleaning or maintenance in accordance with clause 7.8 hereof; and 7.11. purchase from BZR in each year the Minimum Purchasing Requirements or if the contract is terminated by the Customer provide compensation for the period of the Contract up to the Minimum Purchasing Requirement or the amount of the previous year’s sales, whichever is higher. This figure will be divided by 12 and multiplied by the number of months remaining of the contract.

Appears in 1 contract

Samples: Rental and Supply of Services Agreement

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