Common use of Ownership and Use of Equipment Clause in Contracts

Ownership and Use of Equipment. 7.1 The Client acknowledges that the Company retains ownership in the Equipment at all times. 7.2 The Client must not copy, use, market, distribute, alter, modify, sell, mortgage, xxxxx x xxxx or otherwise deal with the Equipment. If the Client makes any unauthorised change or modification to any Equipment, documents or other items provided by the Company to the Client, the Client shall fully indemnify the Company against any loss, claims or liability incurred by the Company or any third party either directly or indirectly as a result of such unauthorised change or modification. 7.3 The Client may make no alterations or repairs to the Equipment. 7.4 The Client indemnifies the Company for any loss or damage to the Equipment during the Term. This includes if any of the Equipment is stolen or lost, or if the damage occurs due to the negligence, omission or misconduct of a third party. 7.5 Unless agreed by the Company in writing, the Client will not, in any promotional material use the names "Alpha” or the name of any employee or contractor of it. The Client will ensure that its clients and customers comply with this clause as if they were a party to this Agreement. The Client shall fully indemnify the Company against any loss, claims or liability incurred by the Company or any third party either directly or indirectly as a result of any breach of this Clause. 7.6 The Company warrants that the Equipment listed in Schedule 2 is in operating condition at the time of delivery and will replace at no charge (excluding shipping costs) all components that might fail during normal operation, except where the failure of those parts is as a result of the negligence, misuse, mishandling or wilful omission of the Client. The Client will pay the expense of shipping any replacement part or Equipment. 7.7 The client must, during the Term, use the Equipment only for the purpose for which it is designed. While the equipment is in use, storage or transit, the Client must treat the Equipment with all reasonable care. 7.8 The Company is not responsible for the method of operation of the Equipment by the Client, the results obtained from the use of the Equipment or the interpretation of those results. The Client is solely liable for any results or damage that may occur as a result of the use of the Equipment and indemnifies the Company for any damage, loss or injury arising from the client’s use of the Equipment. 7.9 The Client acknowledges and agrees that where the use of the Equipment involves research, development and testing, they may produce no results, unpredictable results or results which do not favour the Client. The Company makes no promise, prediction or warranty concerning the results. 7.10 The Equipment may not be assigned, transferred, or in any way encumbered by the Client. 8 TRUST 8.1 The Client will disclose to the Company if the Equipment is to be provided to the Client as trustee of a trust. The Client warrants that the trust is validly created and that the trust has full power to enter into the agreement with the Company for the provision of Equipment. The Client acknowledges that it is personally liable for the payment of the tax invoices issued from time to time by the Company.