Common use of Maintenance of the Equipment Clause in Contracts

Maintenance of the Equipment. 9.1 The provisions of this clause 9 and Schedule 4 shall apply to the Maintenance of the Equipment by CommsFM. 9.2 Until the Maintenance arrangements contained in this clause and clause 8 are terminated pursuant to clauses 8 or 19, CommsFM shall, subject to the provisions of this clause 9 and in exchange for payment of the Charges specified in this clause and clause 16.2:- 9.2.1 Maintain the Equipment in good working order against the effects of normal wear and tear; and 9.2.2 Maintain the Equipment in accordance with the reasonable recommendations and guidelines of the manufacturer. 9.3 CommsFM shall only be obliged to Maintain or repair the Equipment during Normal Business Hours. 9.4 The Customer shall ensure that the Equipment is not repaired, Maintained or serviced by any other person other than CommsFM. 9.5 CommsFM shall not be under any obligation to Maintain or carry out any repairs to the Equipment as a result of damage to the Equipment caused by the Customer or the neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or any repairs, Maintenance or servicing carried out to the Equipment by any person or party other than CommsFM. 9.6 In addition to the Charges provided for in this clause and clause 16.2, CommsFM shall be entitled to Charge the Customer, in accordance with CommsFM Engineer Charge Rate Card then in force, for:- 9.6.1 Any Maintenance of or repairs to the Equipment carried out outwith Normal Business Hours; 9.6.2 Any Maintenance of or repairs to the Equipment resulting from damage caused by the Customer neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or the repair Maintenance or servicing of the Equipment by any person or party other than CommsFM; 9.6.3 Any other Maintenance of or repairs to the Equipment which CommsFM is not obliged to carry out under clause 9.2; 9.6.4 Any replacement parts or consumables used by CommsFM in the Maintenance or repair of the Equipment in any such case; 9.7 CommsFM shall be entitled to increase the Maintenance Charge from time to time by such amounts as it thinks fit, giving written notice to that effect to the Customer, provided that CommsFM shall not be entitled to increase the Maintenance Charge by more than 15% during any 12 month period. 9.8 The Customer shall allow CommsFM access to the Site where the Equipment is located for the purposes of enabling CommsFM to fulfil its obligations in terms of this clause 9.

Maintenance of the Equipment. 9.1 The provisions of this clause 9 and Schedule 4 shall apply to the Maintenance of the Equipment by CommsFM. 9.2 Until the Maintenance arrangements contained in this clause and clause 8 are terminated pursuant to clauses 8 or 19, CommsFM shall, subject to the provisions of this clause 9 and in exchange for payment of the Charges specified in this clause and clause 16.2:- 9.2.1 Maintain the Equipment in good working order against the effects of normal wear and tear; and 9.2.2 Maintain the Equipment in accordance with the reasonable recommendations and guidelines of the manufacturer. 9.3 CommsFM shall only be obliged to Maintain or repair the Equipment during Normal Business Hours. 9.4 The Customer shall ensure that the Equipment is not repaired, Maintained or serviced by any other person other than CommsFM. 9.5 CommsFM shall not be under any obligation to Maintain or carry out any repairs to the Equipment as a result of damage to the Equipment caused by the Customer or the neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or any repairs, Maintenance or servicing carried out to the Equipment by any person or party other than CommsFM. 9.6 In addition to the Charges provided for in this clause and clause 16.2, CommsFM shall be entitled to Charge the Customer, in accordance with CommsFM Engineer Charge Rate Card then in force, for:- 9.6.1 Any Maintenance of or repairs to the Equipment carried out outwith with Normal Business Hours; 9.6.2 Any Maintenance of or repairs to the Equipment resulting from damage caused by the Customer neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or the repair repair, Maintenance or servicing of the Equipment by any person or party other than CommsFM; 9.6.3 Any other Maintenance of or repairs to the Equipment which CommsFM is not obliged to carry out under clause 9.2; 9.6.4 Any replacement parts or consumables used by CommsFM in the Maintenance or repair of the Equipment in any such case; 9.7 CommsFM shall be entitled to increase the Maintenance Charge from time to time by such amounts as it thinks fit, giving written notice to that effect to the Customer, provided that CommsFM shall not be entitled to increase the Maintenance Charge by more than 15% during any 12 month period. 9.8 The Customer shall allow CommsFM access to the Site where the Equipment is located for the purposes of enabling CommsFM to fulfil its obligations in terms of this clause 9.

Maintenance of the Equipment. 9.1 The provisions of this clause 9 and Schedule 4 3 shall apply to the Maintenance of the Equipment by CommsFM. 9.2 Until the Maintenance arrangements contained in this clause and clause 8 are terminated pursuant to clauses 8 or 1914, CommsFM shall, subject to the provisions of this clause 9 and in exchange for payment of the Charges specified in this clause and clause 16.2:-12.2:- 9.2.1 Maintain the Equipment in good working order against the effects of normal wear and tear; and 9.2.2 Maintain the Equipment in accordance with the reasonable recommendations and guidelines of the manufacturer. 9.3 CommsFM shall only be obliged to Maintain or repair the Equipment during Normal Business Hours. 9.4 The Customer shall ensure that the Equipment is not repaired, Maintained or serviced by any other person other than CommsFM. 9.5 CommsFM shall not be under any obligation to Maintain or carry out any repairs to the Equipment as a result of damage to the Equipment caused by the Customer or the neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or any repairs, Maintenance or servicing carried out to the Equipment by any other person or party other than CommsFM. 9.6 In addition to the Charges provided for in this clause and clause 16.212.2, CommsFM shall be entitled to Charge the Customer, in accordance with CommsFM CommsFM’s Engineer Charge Rate Card then in force, for:-for: - 9.6.1 Any Maintenance of or repairs to the Equipment carried out outwith with Normal Business Hours; 9.6.2 Any Maintenance of or repairs to the Equipment resulting from damage caused by the Customer neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or the repair repair, Maintenance or servicing of the Equipment by any other person or party other than CommsFM; 9.6.3 Any other Maintenance of or repairs to the Equipment which CommsFM is not obliged to carry out under clause 9.2; 9.6.4 Any replacement parts or consumables used by CommsFM in the Maintenance or repair of the Equipment in any such case; 9.7 CommsFM shall be entitled to increase the Maintenance Support Charge from time to time by such amounts as it thinks fit, giving written notice to that effect to the Customer, provided that CommsFM shall not be entitled to increase the Maintenance Support Charge by more than 15% during any 12 month period. 9.8 The Customer shall allow CommsFM access to the Site where the Equipment is located for the purposes of enabling CommsFM to fulfil its obligations in terms of this clause 9. 9.9 CommsFM will provide, at the prevailing list price + VAT, all parts and Equipment which CommsFM deems necessary for Maintaining the Equipment in good operating condition. The Customer will pay for any such parts and Equipment + VAT at the prevailing rate, and payment shall be made within 30 days of installation. Should the Customer be unwilling to pay for the parts and Equipment required, CommsFM shall be released from its obligation under this Agreement to Maintain the relevant part of the Equipment. All parts removed for replacement shall become the property of CommsFM. 9.10 CommsFM shall not be obligated to supply Maintenance or any replacement parts under clause 9 if the:- 9.10.1 Equipment or any part of it, in CommsFM’s reasonable opinion, has reached the end of its useful life; 9.10.2 Customer allows any person to access or tamper with CommsFM’s software on any Equipment; 9.10.3 Equipment is either removed from its initial installation location or is reinstalled without the prior written approval of CommsFM.

Maintenance of the Equipment. 9.1 The provisions of this clause 9 and Schedule 4 shall apply to the Maintenance of the Equipment by CommsFM. 9.2 Until the Maintenance arrangements contained in this clause and clause 8 are terminated pursuant to clauses 8 or 19, CommsFM shall, subject to the provisions of this clause 9 and in exchange for payment of the Charges specified in this clause and clause 16.2:- 9.2.1 Maintain the Equipment in good working order against the effects of normal wear and tear; and 9.2.2 Maintain the Equipment in accordance with the reasonable recommendations and guidelines of the manufacturer. 9.3 CommsFM shall only be obliged to Maintain or repair the Equipment during Normal Business Hours. 9.4 The Customer shall ensure that the Equipment is not repaired, Maintained or serviced by any other person other than CommsFM. 9.5 CommsFM shall not be under any obligation to Maintain or carry out any repairs to the Equipment as a result of damage to the Equipment caused by the Customer or the neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or any repairs, Maintenance or servicing carried out to the Equipment by any person or party other than CommsFM. 9.6 In addition to the Charges provided for in this clause and clause 16.2, CommsFM shall be entitled to Charge the Customer, in accordance with CommsFM Engineer Charge Rate Card then in force, for:- 9.6.1 Any Maintenance of or repairs to the Equipment carried out outwith with Normal Business Hours; 9.6.2 Any Maintenance of or repairs to the Equipment resulting from damage caused by the Customer neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or the repair Maintenance or servicing of the Equipment by any person or party other than CommsFM; 9.6.3 Any other Maintenance of or repairs to the Equipment which CommsFM is not obliged to carry out under clause 9.2; 9.6.4 Any replacement parts or consumables used by CommsFM in the Maintenance or repair of the Equipment in any such case; 9.7 CommsFM shall be entitled to increase the Maintenance Charge from time to time by such amounts as it thinks fit, giving written notice to that effect to the Customer, provided that CommsFM shall not be entitled to increase the Maintenance Charge by more than 15% during any 12 month period. 9.8 The Customer shall allow CommsFM access to the Site where the Equipment is located for the purposes of enabling CommsFM to fulfil its obligations in terms of this clause 9.