Common use of Provision of Hardware Clause in Contracts

Provision of Hardware. 6.1 The Supplier may at its discretion supply hardware on loan to the Customer for the duration of the Services. Ownership of the hardware shall remain at all times with the Supplier. The Customer shall: (a) Retain all packaging (b) Maintain the hardware in good working condition (c) Return the hardware and all packaging to the Supplier, at the Customer’s cost, within 14 days of the termination of the services. 6.2 In the event that hardware that has been loaned to the Customer is not returned as per clause 6.1, the Supplier reserves the right to charge the Customer in full for the hardware, at new cost. 6.3 Risk in the hardware shall pass to the Customer on delivery or installation by the Supplier engineer, but ownership shall remain with the Supplier until payment for the hardware in full has been received. 6.4 The Customer shall inspect the hardware on delivery and notify the Supplier within three working days of any damage or any other problem with the hardware received. The hardware may be returned if: (a) The incorrect items have been delivered (b) The hardware is damaged or faulty (c) The Customer has any other legal right under law 6.5 With the exception of clauses 6.1 and 6.4 hardware may not be returned once ordered. 6.6 In the event of hardware being returned subject to clause 6.4: (a) the Supplier shall either arrange for a replacement item or for the original item to be repaired and returned to the Customer. (b) The Customer shall ensure returned items include all packaging, are free from damage (other than in the event of being reported as damaged on arrival) and have been treated with reasonable care. 6.7 If the Supplier determines that returned hardware is incomplete or damaged as per clause 6.6(b) the Supplier reserves the right to charge an appropriate fee to return the goods to as new. 6.8 Hardware that has not been returned as per clause 6.4 but which subsequently becomes faulty shall : (a) Be primarily subject to the manufacturer’s warranty (b) Have a Supplier warranty of 12 months from the date of purchase where warranty is not available as per clause (a) 6.9 The Supplier warranty as per clause 6.8 does not apply to any fault or defect arising from: (a) Fair wear and tear (b) Wilful damage, abnormal storage or working conditions, accident or negligence by the Customer or any third party (c) If the Customer fails to operate the hardware in accordance with the user instructions (d) Any alteration or repair by the Customer or a third party not authorised by the Supplier 6.10 The Supplier warranty under clause 6.8(b) is limited to the replacement or repair of the faulty item.