Common use of Equipment and Materials Clause in Contracts

Equipment and Materials. The Contractor shall be responsible for the provision and installation of all equipment and materials used in connection with the Contract except where these are loaned to the Contractor by the Authority or any Beneficiary in accordance with Clause 16 or transferred into the ownership of the Contractor under Clause 15.13 and 15.14. Where equipment and materials are supplied by the Authority or any Beneficiary these will be serviced and maintained by the Authority or that Beneficiary. The Contract Manager shall forthwith inform the Authorised Officer of any defects appearing in or losses of, or damage, occurring to the Authority’s or any Beneficiary’s equipment. The Contractor shall be liable to pay to the Authority or that Beneficiary the cost of any replacement necessary as a result of loss or damage caused deliberately or negligently by the Contractor’s staff. In accordance with the Specification, the Contractor will, at his own expense, install all necessary equipment for the provision of the Services. The Contractor shall ensure that all equipment used in connection with the Contract is maintained in good working order in compliance with manufacturer’s instructions and current legislation. All equipment and materials used by the Contractor shall comply with latest relevant British Standard or European equivalent specifications where such exist and the Contractor shall upon request furnish the Authorised Officer with evidence to prove that such equipment and materials comply with this condition. The Contractor shall: establish effective planned maintenance programmes; and make adequate arrangements for emergency remedial maintenance, to ensure continuity of the Services; and agree all equipment purchases with the Authority; and ensure compliance with all regulations covering the inspection and testing of all equipment used at the Location in the provision of the Services; and maintain records, open for inspection by the Authority of maintenance testing and certification. Any communication or electrical equipment used by the Contractor in connection with the Contract shall not cause any interference with or damage to any equipment used by the Authority or any Beneficiary. Any communication or electrical equipment proposed to be used by the Contractor in connection with the Contract shall, at the discretion of the Authority be tested and approved by the Authority before use on the Authority’s or any Beneficiary’s premises. Notwithstanding Clause 15.9 the Contractor shall be liable for any damage caused by any communication or electrical equipment used in connection with the Contract. The Authority reserves the right to inspect equipment used by the Contractor in or about the provision of the Services at any time and the Contractor shall comply with any directions of the Authorised Officer as to the manner in which such equipment shall be used. The Authority or any Beneficiary shall not be responsible, charged or chargeable for any equipment or materials brought on site by the Contractor. At the commencement of the Contract all equipment transferred to the Contractor shall be valued by an independent valuer appointed jointly by the Authority and the Contractor. Ownership of this equipment shall be transferred to the Contractor without charge. On conclusion of the Contract, all equipment, whether provided by the Contractor or transferred into the ownership of the Contractor by the Authority or any Beneficiary will be re-valued and transferred into the ownership of the Authority or that Beneficiary as set out in the Specification. Where there is any increase or decrease in value of the equipment, this shall be added to or deducted from the Contractor’s final payment. Transfer of the equipment to the Authority or any Beneficiary shall be without charge excepting any change in value. Loan of Authority Equipment The Contractor shall satisfy himself that any Loaned Equipment is suitable for the purpose intended. The Contractor shall be liable for any damage to any Loaned Equipment caused by misdirection or misuse due to negligence on the part of the Contractor, his servants or agents. The Authority or any Beneficiary shall not be liable for any damage to the Loaned Equipment caused by a defect in or faulty operation of the Loaned Equipment. The Authority or any Beneficiary shall have the right to withdraw Loaned Equipment at any time and shall be under no liability whatsoever for failing to lend equipment at any time.

Equipment and Materials. The Unless agreed otherwise, the Contractor shall provide and shall be responsible in all respects and at its own cost for the provision and installation of all equipment and materials used in connection with the Contract except where these are loaned to the Contractor by the Authority or any Beneficiary in accordance with Clause 16 or transferred into the ownership of the Contractor under Clause 15.13 and 15.14. Where equipment and materials are supplied by the Authority or any Beneficiary these will be serviced and maintained by the Authority or that Beneficiary. The Contract Manager shall forthwith inform the Authorised Officer of any defects appearing in or losses of, or damage, occurring to the Authority’s or any Beneficiary’s equipment. The Contractor shall be liable to pay to the Authority or that Beneficiary the cost of any replacement necessary as a result of loss or damage caused deliberately or negligently by the Contractor’s staff. In accordance with the Specification, the Contractor will, at his own expense, install all necessary equipment for the provision of the Services. The Contractor shall ensure that all such equipment is maintained in good working order and maintained and used in accordance with manufacturer’s instructions and all current safety standards. The Contractor shall be liable for any damage caused by any equipment used in connection with the Contract is maintained in good working order in compliance with manufacturer’s instructions and current legislation. All equipment and materials used by the Contractor shall comply with latest relevant British Standard or European equivalent specifications where such exist and the Contractor shall upon request furnish the Authorised Officer with evidence to prove that such equipment and materials comply with this conditionContract. The Contractor shall: establish effective planned maintenance programmes; and make adequate arrangements for emergency remedial maintenance, to shall ensure continuity of the Services; and agree all equipment purchases with the Authority; and ensure compliance with all regulations covering the inspection and testing of all equipment used at the Location in the provision of the Services; and maintain records, open for inspection by the Authority of maintenance testing and certification. Any communication or that any electrical equipment used by the Contractor in connection with the Contract shall not cause any interference with or damage to any equipment used by the Authority or any Beneficiary. Any communication or electrical equipment proposed to be used by the Contractor in connection with the Contract shall, at the discretion of the Authority be tested and approved by the Authority before use on the Authority’s or any Beneficiary’s premises. Notwithstanding Clause 15.9 the Contractor shall be liable for any damage caused by any communication or electrical equipment used in connection with the Contract. The Authority reserves the right to inspect equipment used by the Contractor in or about the provision of the Services at any time and the Contractor shall comply with any directions of the Authorised Officer as to the manner in which such equipment shall be usedtime. The Authority or any Beneficiary shall not be responsible, charged or chargeable Loaned Equipment If for any reason the Authority agrees to loan or otherwise provide any equipment or materials brought on site by the Contractor. At the commencement of the Contract all equipment transferred to the Contractor shall be valued by an independent valuer appointed jointly by (“Loaned Equipment”), the Authority and the Contractor. Ownership of this equipment shall be transferred to the Contractor without charge. On conclusion of the Contract, all equipment, whether provided by the Contractor or transferred into the ownership of the Contractor by the Authority or any Beneficiary will be re-valued and transferred into the ownership of the Authority or that Beneficiary as set out in the Specification. Where there is any increase or decrease in value of the equipment, this shall be added to or deducted from the Contractor’s final payment. Transfer of the equipment to the Authority or any Beneficiary shall be without charge excepting any change in value. Loan of Authority Equipment The Contractor shall satisfy himself that any such Loaned Equipment is suitable for the intended purpose intended. The Contractor and shall be exclusively liable for any damage to any Loaned Equipment caused by misdirection or misuse due to of it or any deliberate act or omission, negligence or carelessness on the part of the Contractor, his servants its staff, servants, officers or agents. The Contract Manager shall forthwith inform the Authorised Officer of any defects appearing in or losses of, or damage, occurring to any of the Authority’s equipment. The Authority or any Beneficiary shall not be liable for any damage to the Loaned Equipment or other damage caused by a defect in or faulty operation of the Loaned Equipment. The Authority or any Beneficiary shall have the right to withdraw Loaned Equipment at any time and shall be under no liability whatsoever for failing to lend equipment at any time. Assignment and Sub-Contracting The Contractor shall not assign or sub-contract the whole or any part of the Contract or the Services without the prior written consent of the Authority, such consent not to be unreasonably delayed or withheld. The Contractor hereby agrees that the Authority may freely assign the benefit and/or the burden of the whole or any part of the Contract to any successor in title to the whole or a substantial part of the business of the Authority without further approval from or other action by the Contractor. The Authority shall notify the Contractor of any such assignment. The Contractor agrees to provide such further assistance (without additional cost to the Contractor) as is reasonably necessary to give full effect to such assignment.