Common use of Hardware Maintenance Clause in Contracts

Hardware Maintenance. 6.1. Except for Nexus’ obligations under the Terms for Hardware, Nexus’ sole obligation in relation to the functionality of the Hardware shall be to provide Hardware Maintenance. 6.2. The content of each model for Hardware Maintenance is set out in Sub-Appendix A, Hardware Maintenance Models. Depending on the Hardware Maintenance model applicable for the Customer, the content of the Hardware Maintenance will vary. 6.3. Should the Maintenance entitle the Customer to replacement Hardware, Nexus shall provide an in Nexus’ sole discretion functionally equivalent Hardware. Such Hardware may require other usage routines, such as regarding printing and encoding procedures. The replacement Hardware will be sent within the applicable Response Time set out in Sub-Appendix A, Hardware Maintenance Models, and shall be immediately returned by the Customer once the original Hardware is functional again. 6.4. Should the Customer fail to return the replacement Hardware in accordance with clause 6.3 above, Nexus is entitled to charge a fee for the Customer’s rent of the Hardware. 6.5. Any additional deliveries of Hardware or spare parts related to such Hardware shall include a warranty equivalent to the warranty set out in the Terms for Hardware, commencing on the date of delivery. 6.6. All costs connected to sending, returning, packaging and acquiring the necessary shipping insurances in relation to Maintenance shall be carried by the party sending or returning the Hardware, including replacement Hardware.