Our Equipment. (a) This clause 5.3 applies if we loan or rent Our Equipment to you in connection with the Service.
(b) We own Our Equipment at all times and ownership of Our Equipment does not pass to you even at the end of the loan or rental period.
(c) You are responsible for any loss of or damage to Our Equipment from the time of delivery to you until it is returned to us.
(d) You must, in respect of Our Equipment:
(i) keep it in your control at all times and at the premises to which we delivered it or other premises we have agreed to in writing;
(ii) not loan, rent, give or sell Our Equipment to any other person, or allow a security interest, charge, lien or encumbrance to be created over it, not attach it to any real property and not remove from it any nameplate identifying Our Equipment as our property;
(iii) only use it in connection with the Service and for the manufacturer’s intended purpose;
(iv) obtain all necessary consents and approvals (including landlord or building manager approval if required) for installation;
(v) provide a suitable physical environment for installation and operation including an adequate power supply;
(vi) install, operate and maintain the equipment in accordance with manufacturer’s requirements and our directions;
(vii) not change the electronic serial number or equipment identifier or perform a factory reset of it without our prior written consent;
(viii) comply with our directions; and
(ix) make sure that anyone using the equipment complies with your obligations under this clause 5.3(d).
(e) You must allow us to inspect, service, upgrade, reconfigure, repair, replace or disconnect Our Equipment at any time we reasonably request and ensure that no other person modifies, services, upgrades, reconfigures, repairs or disconnects Our Equipment except with our prior written consent.
(f) You must notify us immediately, and follow our directions, if Our Equipment is damaged or incomplete when you receive it, or if at any time Our Equipment is lost, damaged, stolen or becomes faulty while in your care custody or control.
(g) On cancellation of the Service for any reason, the loan or rental of Our Equipment is automatically cancelled. We may cancel the loan or rental of Our Equipment immediately at any time by giving you notice:
(i) if, in our reasonable opinion, you are in breach of any obligation under this clause 5.3; or
(ii) if we are entitled to cancel the Service.
(h) On the sooner of expiry or cancellation of any agreed loan or rental ...
Our Equipment. To enable you to use the Service, we may loan or Rent equipment to you (Our Equipment). Charges for any of Our Equipment that you Rent are invoiced in accordance with Clause 8. Our Equipment may be equipment owned by us or one of our Suppliers.
Our Equipment. (a) This clause 5.3 applies if We loan or rent Our Equipment to You in connection with the Service.
(b) We own Our Equipment at all times and ownership of Our Equipment does not pass to You even at the end of the loan or rental period.
(c) You are responsible for any loss of or damage to Our Equipment from the time of delivery to You until it is returned to us. You must, in respect of Our Equipment:
(i) keep it in Your control at all times and at the premises to which We delivered it or other premises We have agreed to in writing;
(ii) not loan, rent, give or sell Our Equipment to any other person, or allow a security interest, charge, lien or encumbrance to be created over it, not attach it to any real property and not remove from it any nameplate identifying Our Equipment as our property;
(iii) only use it in connection with the Service and for the manufacturer’s intended purpose;
(iv) obtain all necessary consents and approvals (including landlord or building manager approval if required) for installation;
(v) provide a suitable physical environment for installation and operation including an adequate power supply;
(vi) install, operate and maintain the equipment in accordance with manufacturer’s requirements and our directions;
(vii) not change the electronic serial number or equipment identifier or perform a factory reset of it without our prior written consent;
(viii) comply with our directions; and
(ix) make sure that anyone using the equipment complies with Your obligations under this clause 5.3(d).
Our Equipment. 7.1. On occasion, Our Equipment may be supplied to you at your Premises as a component part of The Services. Ownership of Our Equipment and any part thereof will at all times remain with us and you must;
a) Not remove Our Equipment from your Premises without prior written consent from us
b) Not sell, lease, dispose of, charge, lend or otherwise part with possession of or encumber Our Equipment.
c) Not deface, obliterate or remove any label or mark which identifies the ownership of Our Equipment or;
d) Take reasonable precautions to protect Our Equipment from detrimental environmental conditions, electromagnetic interference, electrical interference or power fluctuations;
e) Not do or allow any other act that may affect or prejudiced the ownership of Our Equipment at your Premises by us.
f) Provide a safe and secure operating environment for Our Equipment at your Premises and carry insurance over your Premises that protects our Equipment from loss.
g) Immediately provide access and all necessary assistance to us to collect Our Equipment from your Premises on termination or cancellation of this agreement.
h) Be liable for any loss (including fire, theft or damage) of or to Our Equipment at your Premises. In the event of any such loss, theft or damage, you will immediately notify us.
7.2. In the event of a Civil Emergency (defined as any event that causes or leads to civil infrastructure disturbance or outage effecting greater than or equal to four (4) city blocks) The Services will be supplied on a best-effort basis.
7.3. Where the Service relies on Our Equipment being available to multiple parties for disaster recovery purposes;
a) Unless otherwise defined, activation is operated on first in first service basis.
b) The first up caller has first choice on the amount of Our Equipment they wish to engage.
c) Additional activations are handled on a best-effort basis.
7.4. We reserve the right to charge you for the cost of de-installing, transporting and re- installing Our Equipment if you relocate your Premises.
Our Equipment. In order to use the Service, We may provide to you equipment or cabling which We own or lease (“Our Equipment”).
Our Equipment. You will:
(a) provide a safe and secure operating environment for our Equipment;
(b) take reasonable precautions to protect our Equipment from radio or electrical interference and power fluctuations;
(c) not damage or interfere with our Equipment; and
(d) pay any costs or expenses we reasonably incur repairing or replacing any of our Equipment that is lost or damaged while located on your premises except to the extent such loss or damage is caused by us. If our Equipment is no longer required, or if you damage or interfere with our Equipment, then we may remove it from your premises. Any SIMcard we issue to you will remain our property.
Our Equipment. You will:
(a) provide a safe and secure operating environment for our Equipment;
(b) take reasonable precautions to protect our Equipment from radio or electrical interference and power fluctuations;
(c) not damage or interfere with our Equipment; and
(d) pay any costs or expenses we reasonably incur repairing or replacing any of our Equipment that is lost or damaged while located on your premises. If our Equipment is no longer required, or if you damage or interfere with our Equipment, then we may remove it from your premises.
Our Equipment. 5.1. Our Equipment is owned by us, or our suppliers, agents or licensors, and no title in any of Our Equipment will pass to you under this Agreement. We grant you a non- exclusive license to use the Equipment at the premises specified in the Order while the Services to which Our Equipment relates are being provided to you under this Agreement.
5.2. Where Our Equipment is being provided for use at your site you will be responsible for its maintenance and prompt return to us on the termination of the Services. Unless we agree otherwise, you will be responsible for the installation of Our Equipment. Where we are to install Our Equipment you grant us and our agents (or shall procure us and our agents) a right of access to the required premises, on reasonable notice, to install Our Equipment and in all cases to inspect, test, maintain or otherwise deal with Our Equipment and to recover it in the event that you fail to return it on request.
5.3. Risk in respect of Our Equipment will pass to you on delivery of Our Equipment to you and you will obtain and maintain all risks insurance cover sufficient to protect our interests in relation to Our Equipment.
5.4. You will indemnify us against any claims, proceedings or threatened proceedings from third parties (including our customers) and against any loss or damage suffered by us arising from your use of Our Equipment where such claims and/or losses arise from the acts or omissions of you or your customers, agents or subcontractors, and for all costs and expenses reasonably incurred by us in investigating and defending ourselves in relation to any such claims, proceedings or threatened proceedings.
5.5. You shall not grant any person, nor permit any person, to allow any charge or lien to be placed on Our Equipment, nor to allow Our Equipment to be pledged as any form of security.
Our Equipment. 6.1.1 To use the Services, you may need to be physically provided with our equipment on your premises. If so, legal title of such equipment remains solely with us, and you hold such equipment as a bailee only. In the event the provision of such equipment constitutes a PPS lease (under the PPSA), then you agree to do all thing necessary to enable it to be registered and will otherwise comply with all requirements of the PPSA.
6.1.2 You must take reasonable care of our equipment while it is in your physical possession.
6.1.3 You are responsible for, and agree to indemnify us in respect of, the repair or replacement costs of any of our equipment that is lost, stolen or damaged while in your possession, excepting any fair wear and tear.
6.1.4 You must provide access to your premises and facilities as reasonably necessary to enable us to install and maintain any equipment on your premises required for the Services.
6.1.5 We may enter your premises and uninstall and remove all of our equipment located on your premises at the end of the applicable Services.
6.1.6 We will comply with all of your reasonable directions, and reasonable policies and procedures relating to work, health and safety and security while we are at your premises.
Our Equipment. 13.1 Risk in any equipment provided by any third party or us to you for purchase or hire passes to you upon delivery. You will accept any Equipment on the basis of these Terms and Conditions and any additional terms and conditions notified at the time of delivery.
13.2 Title to any Equipment provided for purchase does not pass to you until all amounts owing to us under this agreement and the cost of such Equipment have been
13.3 If Equipment is installed at premises occupied by you, you must not interfere with the Equipment or its installation.
13.4 You irrevocably grant to us, our agents and servants, leave and license without the necessity of giving any notice to enter at any time on and into premises occupied by you using reasonable force if necessary to inspect, search for and re-take possession of any Equipment in respect to which payment is overdue. You shall indemnify us and hold us harmless against any loss or damage suffered by any person or company arising from such possession.
13.5 On the termination of this agreement for any reason, you will immediately return all Equipment owned by us or make it available for our collection.
