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 period, you must permit us to enter onto the premises where Our Equipment is located and to disconnect and remove it, or if we request, at your cost, and in accordance with our directions, immediately return Our Equipment to us in good condition (except fair wear and tear).
Appears in 3 contracts
Samples: General Terms and Conditions, Standard Form of Agreement, Standard Form of Agreement
Our Equipment. (a) 5.3.1 This clause 5.3 applies if we loan or rent Our Equipment to you in connection with the Service.
(b) 5.3.2 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) 5.3.3 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) 5.3.4 You must, in respect of Our Equipment:
(i) 5.3.4.1 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) 5.3.4.2 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) 5.3.4.3 only use it in connection with the Service and for the manufacturer’s intended purpose;
(iv) 5.3.4.4 obtain all necessary consents and approvals (including landlord or building manager approval if required) for installation;
(v) 5.3.4.5 provide a suitable physical environment for installation and operation including an adequate power supply;
(vi) 5.3.4.6 install, operate and maintain the equipment in accordance with manufacturer’s requirements and our directions;
(vii) 5.3.4.7 not change the electronic serial number or equipment identifier or perform a factory reset of it without our prior written consent;
(viii) 5.3.4.8 comply with our directions; and
(ix) 5.3.4.9 make sure that anyone using the equipment complies with your obligations under this clause 5.3(d)6.3.
(e) 5.3.5 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) 5.3.6 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) 5.3.7 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) 5.3.7.1 if, in our reasonable opinion, you are in breach of any obligation under this clause 5.36.3; or
(ii) 5.3.7.2 if we are entitled to cancel the Service.
(h) 5.3.8 On the sooner of expiry or cancellation of any agreed loan or rental period, you must permit us to enter onto the premises where Our Equipment is located and to disconnect and remove it, or if we request, at your cost, and in accordance with our directions, immediately return Our Equipment to us in good condition (except fair wear and tear).
Appears in 2 contracts
Samples: Terms & Conditions, Terms & Conditions
Our Equipment. (a) 5.3.1 This clause 5.3 applies if we loan or rent Our Equipment to you in connection with the Service.
(b) 5.3.2 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) 5.3.3 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) 5.3.4 You must, in respect of Our Equipment:
(i) 5.3.4.1 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) 5.3.4.2 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) 5.3.4.3 only use it in connection with the Service and for the manufacturer’s intended purpose;
(iv) 5.3.4.4 obtain all necessary consents and approvals (including landlord or building manager approval if required) for installation;
(v) 5.3.4.5 provide a suitable physical environment for installation and operation including an adequate power supply;
(vi) 5.3.4.6 install, operate and maintain the equipment in accordance with manufacturer’s requirements and our directions;
(vii) 5.3.4.7 not change the electronic serial number or equipment identifier or perform a factory reset of it without our prior written consent;
(viii) 5.3.4.8 comply with our directions; and
(ix) 5.3.4.9 make sure that anyone using the equipment complies with your obligations under this clause 5.3(d)6.3.
(e) 5.3.5 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) 5.3.6 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) 5.3.7 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) 5.3.7.1 if, in our reasonable opinion, you are in breach of any obligation under this clause 5.36.3; or
(ii) 5.3.7.2 if we are entitled to cancel the Service.
(h) 5.3.8 On the sooner of expiry or cancellation of any agreed loan or rental period, you must permit us to enter onto the premises where Our Equipment is located and to disconnect and remove it, or if we request, at your cost, and in accordance with our directions, immediately return Our Equipment to us in good condition (except fair wear and tear).
5.3.9 Telequip can request your to sign a cancellation form by authorized person if the customer choose to cancel from their side. Till the time we received a completed and signed cancellation form all the service and rental charges are applicable.
Appears in 2 contracts
Samples: Terms & Conditions, Terms & Conditions
Our Equipment. 9.1. If we provide Services that require location of our Equipment on your premises then you will give our representatives safe access to the premises so that we can install, inspect, maintain, replace or remove our Equipment.
9.2. We will always make sure that our Equipment is safe, free from material defects and fit for the specific written purpose for which it is provided. You will:
(a) This clause 5.3 applies if we loan or rent Our Equipment to you in connection with the Service.provide a safe and secure operating environment for our Equipment;
(b) We own Our take reasonable precautions to protect our Equipment at all times from radio or electrical interference and ownership of Our Equipment does not pass to you even at the end of the loan or rental period.power fluctuations;
(c) You are responsible for not attach our Equipment to any loss of vehicle or damage to Our Equipment from the time of delivery to other property you until it is returned to us.do not own without our written permission; or
(d) You mustnot, in respect of Our and will not attempt to, mortgage, sell or otherwise encumber or deal with 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;
(iie) not loan, rent, give damage 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 interfere with our propertyEquipment;
(iiif) only use it in connection with the Service and pay our charges for the manufacturer’s intended purpose;
(iv) obtain all necessary consents and approvals (including landlord repairing 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 replacing any of our directions;
(vii) not change the electronic serial number Equipment that is lost or equipment identifier or perform a factory reset of it without our prior written consent;
(viii) comply with our directionsdamaged while located on your premises; and
(ixg) make sure if we ask you, obtain and maintain insurance (to a value agreed by us) with a reputable insurance company against any loss or damage to our Equipment while under your control.
9.3. If our Equipment is no longer required, or if you damage or interfere with our Equipment, then we may remove it from your premises.
9.4. Our Equipment remains the property of Vital at all times (not withstanding that anyone using the equipment complies with your obligations under this clause 5.3(dit may have become attached to or be part of any vehicle or other property in which it is installed).
9.5. In relation to our Equipment, or anything else we have provided you that you have not purchased outright and paid for, you agree that this Agreement constitutes a Security Agreement and you hereby grant to us a Security Interest in all such items and in any proceeds (ethe Collateral) You must allow us and agree that the following provisions shall apply with respect to inspect, service, upgrade, reconfigure, repair, replace or disconnect Our Equipment the Collateral:
(a) we may at any time we reasonably request register a financing statement in respect of all or any of the Collateral and ensure that no you waive your right to receive a copy of a verification statement in respect of any financing statement;
(b) you will, at our request, provide all information necessary to enable us to perfect our interest in the Collateral;
(c) you will not sell or dispose of any of the Collateral or permit any other person modifies, services, upgrades, reconfigures, repairs to have 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 obtain a security interest in 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 cancelledCollateral;
9.6. We may cancel the loan or rental of Our Equipment immediately at any time by giving you notice:
(i) if, in our reasonable opinion, If you are in breach of any obligation of your obligations under this clause 5.3; orAgreement in respect of the Collateral:
(iia) if we are entitled you will promptly upon receiving a written request from Xxxxx, at your own cost and expense, deliver all or any of the Collateral to cancel the Service.Vital at such place or places as Vital directs; and
(hb) On If you fail to deliver any of the sooner of expiry Collateral as required under this Agreement, we may at any time, either itself or cancellation of through an agent, enter into any agreed loan or rental period, you must permit us to enter onto place where the premises where Our Equipment Collateral is located and to disconnect and remove it, or if we request, at your cost, and in accordance with our directions, immediately return Our Equipment to us in good condition (except fair wear and tear)the Collateral.
Appears in 1 contract
Samples: Terms and Conditions