Common use of EQUIPMENT GENERALLY Clause in Contracts

EQUIPMENT GENERALLY. 3.1 The Equipment covered by this Agreement is as set forth on the applicable Order. Delivery of the Equipment will be made to Customer to the designated Licensed Site(s) set forth on an Order. For Equipment provided on a subscription basis, Customer will keep and use subscribed Equipment only at the Licensed Site designated for such Equipment, and Customer agrees that subscribed Equipment will not be removed from any such address unless Customer obtains NCR Voyix’s written permission in advance to so move it. Except for Purchased Equipment, title to the Equipment shall at all times remain with NCR Voyix and if NCR Voyix requires a label or other indicator of NCR Voyix’s interest to be placed on the Equipment Customer will so apply the label or not remove any such label already affixed to the Equipment. Title and risk of loss to Purchased Equipment shall pass to Customer upon placement with a carrier for shipment by NCR Voyix. 3.2 Customer is responsible for protecting the Equipment from damage and from any other kind of loss while Customer has use of the Equipment. Customer is responsible for and accepts the risk of loss or damage to the Equipment while in use by Customer or in Customer’s possession. Customer agrees to keep subscribed Equipment insured against all risks of loss in an amount at least equal to the replacement cost thereof during the term of this Agreement and will list NCR Voyix as loss payee and as an additional insured. Upon expiration or termination of this Agreement, Customer shall return to NCR Voyix subscribed Equipment in good, workable condition in accordance with the termination provisions of this Agreement. If subscribed Equipment is damaged or lost at any time during the term of this Agreement, Customer agrees to be responsible for payment to NCR Voyix of NCR Voyix’s then list price for such Equipment. Customer will give NCR Voyix reasonable access to subscribed Equipment so that NCR Voyix can check the subscribed Equipment’s existence, condition and proper maintenance. At Customer’s own cost and expense, Customer will keep the subscribed Equipment in good repair, condition and working order, ordinary wear and tear excepted. All replacement parts and repairs made or affixed to the Equipment will become part of the subscribed Equipment and title thereto shall vest in NCR Voyix. Customer agrees to pay restocking fees charged by NCR Voyix for any returned Equipment that NCR Voyix agrees to accept (in NCR Voyix’s sole discretion), other than subscribed Equipment returned following termination of this Agreement. Customer will not make any permanent alterations to the subscribed Equipment.

Appears in 29 contracts

Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

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EQUIPMENT GENERALLY. 3.1 The Equipment covered by this Agreement is as set forth on the applicable Order. Delivery of the Equipment will be made to Customer to the designated Licensed Site(s) set forth on an Order. For Equipment provided on a subscription basis, Customer will keep and use subscribed Equipment only at the Licensed Site designated for such Equipment, and Customer agrees that subscribed Equipment will not be removed from any such address unless Customer obtains NCR Voyix’s written permission in advance to so move it. Except for adva Purchased Equipment, title to the Equipment shall at all times remain with NCR Voyix and if NCR Voyix requires a label or other indicator of NCR Voyix’s interest to be placed on the Equipment Customer will so apply the label Eq or not remove any such label already affixed to the Equipment. Title and risk of loss to Purchased Equipment shall pass to Customer upon placement with a carrier for shipment by NCR Voyix. 3.2 Customer is responsible for protecting the Equipment from damage and from any other kind of loss while Customer has use of the Equipment. Customer is responsible for and accepts the risk of loss or damage to the Equipment while in use by Customer or in Customer’s possession. Customer agrees to keep subscribed Equipment a insured against all risks of loss in an amount at least equal to the replacement cost thereof during the term of this Agreement and will list NCR Voyix as loss payee and as an additional insured. Upon expiration or termination of this Agreement, Customer shall return to NCR Voyix subscribed Equipment in good, workable condition in accordance with the termination provisions of this Agreement. If subscribed Equipment is damaged or lost at any time during the term of this Agreement, Customer agrees to be responsible for payment to NCR Voyix of NCR Voyix’s then list price for such Equipment. Customer will give NCR Voyix reasonable access to subscribed suNCcRhVoyEix qreuasoinapblme aeccnests t.o subscrCibuedstom Equipment so that NCR Voyix can check the subscribed Equipment’s existence, condition and proper maintenance. existence At Customer’s own cost and expense, Customer will keep the subscribed Equipment in good repair, condition and working order, ordinary wear and tear excepted. All replacement parts and repairs made or affixed to the Equipment will become part of the subscribed Equipment and title thereto shall vest in NCR Voyix. Customer agrees to pay restocking fees charged by NCR Voyix for any returned Equipment that NCR Voyix agrees to accept (in NCR Voyix’s sole discretion), other than subscribed Equipment returned following termination of this Agreement. Customer will not make any permanent alterations to the subscribed Equipment.

Appears in 12 contracts

Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

EQUIPMENT GENERALLY. 3.1 The Equipment covered by this Agreement is as set forth on the applicable Order. Delivery of the Equipment will be made to Customer to the designated Licensed Site(s) set forth on an Order. For Equipment provided on a subscription basis, Customer will keep and use subscribed Equipment only at the Licensed Site designated for such Equipment, and Customer agrees that subscribed Equipment will not be removed from any such address unless Customer obtains NCR Voyix’s written permission in advance to so move it. Except for Voyix¶V ZULWWHQ SHUPLVVLRQ LQ DGYD Purchased Equipment, title to the Equipment shall at all times remain with NCR Voyix and if NCR Voyix requires a label or other indicator of NCR Voyix’s interest to be placed on the Equipment Customer will so apply the label Voyix¶V LQWHUHVW WR EH SODFHG RQ WKH (T or not remove any such label already affixed to the Equipment. Title and risk of loss to Purchased Equipment shall pass to Customer upon placement with a carrier for shipment by NCR Voyix. 3.2 Customer is responsible for protecting the Equipment from damage and from any other kind of loss while Customer has use of the Equipment. Customer is responsible for and accepts the risk of loss or damage to the Equipment while in use by Customer or in Customer’s possession. Customer agrees to keep subscribed Equipment CuVWRPHU¶V SRVVHVVLRQ &XVWRPHU D insured against all risks of loss in an amount at least equal to the replacement cost thereof during the term of this Agreement and will list NCR Voyix as loss payee and as an additional insured. Upon expiration or termination of this Agreement, Customer shall return to NCR Voyix subscribed Equipment in good, workable condition in accordance with the termination provisions of this Agreement. If subscribed Equipment is damaged or lost at any time during the term of this Agreement, Customer agrees to be responsible for payment to NCR Voyix of NCR Voyix’s then list price for such Equipment. Customer will give NCR Voyix reasonable access to subscribed Voyix¶V WKHQ OLVW SULFH IRU VXNCFRKV oy(ix TreXasoLnaSblPe aHccQesWs t o sub scr&ibXedVWRP Equipment so that NCR Voyix can check the subscribed Equipment’s existence, condition and proper maintenance. At Customer’s own cost and expense, Customer will keep the subscribed Equipment in good repair, condition and VXEVFULEHG (TXLSPHQW¶V H[LVWHQFH $W &XVWRPHU¶V RZQ FRVW DQG H[SHQVH &XVWRPHU ZLOO working order, ordinary wear and tear excepted. All replacement parts and repairs made or affixed to the Equipment will become part of the subscribed Equipment and title thereto shall vest in NCR Voyix. Customer agrees to pay restocking fees charged by NCR Voyix for any returned Equipment that NCR Voyix agrees to accept (in NCR Voyix’s Voyix¶V sole discretion), other than subscribed Equipment returned following termination of this Agreement. Customer will not make any permanent alterations to the subscribed Equipment.

Appears in 5 contracts

Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement

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EQUIPMENT GENERALLY. 3.1 The Equipment covered by this Agreement is are as set forth on the applicable OrderExhibit A. Equipment provided may not be new but may be like-new, except for Purchased Equipment, which will be new. Delivery of the Equipment will be made to Customer to the designated Licensed Site(s) set forth on an Order. For Equipment provided on a subscription basis, Exhibit A. Customer will keep and use subscribed the Equipment only at the Licensed Site designated for such Equipment, and . Customer agrees that subscribed the Equipment will not be removed from any such address unless Customer obtains NCR VoyixNCR’s written permission in advance to so move it. Except for Purchased Equipment, title to the Equipment shall at all times remain with NCR Voyix and if NCR Voyix requires a label or other indicator of NCR VoyixNCR’s interest to be placed on the Equipment Customer will so apply the label or not remove any such label already affixed to the Equipment. Title and risk of loss to Purchased Equipment shall pass to Customer upon placement with a carrier for shipment by NCR VoyixNCR. 3.2 Customer is responsible for protecting the Equipment from damage and from any other kind of loss while Customer has use of the Equipment. Customer is responsible for and accepts the risk of loss or damage to the Equipment while in use by Customer or in Customer’s possession. Customer agrees to keep subscribed Equipment insured against all risks of loss in an amount at least equal to the replacement cost thereof during the term of this Agreement and will list NCR Voyix as loss payee and as an additional insured. Upon expiration or termination of this Agreement, Customer shall return to NCR Voyix subscribed Equipment in good, workable condition in accordance with the termination provisions of this Agreement. If subscribed Equipment is damaged or lost at any time during the term of this Agreement, Customer agrees to be responsible for payment to NCR Voyix of NCR VoyixNCR’s then list price for such Equipment. Customer will give NCR Voyix reasonable access to subscribed Equipment so that NCR Voyix can check the subscribed Equipment’s existence, condition and proper maintenance. At Customer’s own cost and expense, Customer will keep the subscribed Equipment in good repair, condition and working order, ordinary wear and tear excepted. All replacement parts and repairs made or affixed to the Equipment will become part of the subscribed Equipment and title thereto shall vest in NCR VoyixNCR. Customer agrees to pay restocking fees charged by NCR Voyix for any returned Equipment that NCR Voyix agrees to accept (in NCR VoyixNCR’s sole discretion), other than subscribed Equipment returned following termination of this Agreement. Customer will not make any permanent alterations to the subscribed Equipment. Schedule 3 (Description of Additional Policies for Equipment) contains additional requirements applicable to subscribed Equipment loss, damage and insurance.

Appears in 1 contract

Samples: Master Aloha as a Service Program Agreement

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