Common use of Equipment; Supplies; Displays Clause in Contracts

Equipment; Supplies; Displays. 7.1 At Merchant’s request, Clearent may supply Merchant with point-of-sale equipment (“POS Equipment”) that Merchant may need to process and submit Transactions. Clearent will use good faith efforts to program the POS Equipment to operate at the Merchant locations in compliance with the Card Brand Rules; however, Clearent and Bank make no representations or warranties that Clearent’s programming of the POS Equipment furnished by Clearent will operate in compliance with the Card Brand Rules. 7.2 All third party POS Equipment and services procured by Clearent under this Merchant Agreement are provided “AS-IS” but Clearent will, at Merchant’s expense, use reasonable commercial efforts to assist Merchant in enforcing any warranty offered by the third party supplier of such POS Equipment or services. 7.3 Merchant will immediately notify Clearent of the third party it chooses to use or lease POS Equipment from (“Third Party Terminals”) to process Transactions. If Merchant elects to use Third Party Terminals, Merchant assumes full responsibility and liability for any failure of that third party to comply with the Card Brand Rules, applicable Laws, or this Merchant Agreement. Neither Bank nor Clearent will be responsible for any losses or additional fees incurred by Merchant as a result of any error by a third party agent or a malfunction in a Third Party Terminal.