Repair Service. As part of the FM Repair Service, Hilti will repair (or at Hilti’s discretion replace) FM Tools including pick-up and delivery of the repaired FM Tool. Repair includes necessary exchange of spare parts, batteries and chargers. FM Repair Service also includes the exchange of the following wear and tear parts listed on xxx.xxxxx.xx.xx. Customer may request pick-up of FM Tools for repair by Hilti by placing a repair order (e.g. via Hilti Website or with the Hilti Customer Service). Pick-up and delivery details will be agreed between the parties. • Where a FM Tool is damaged by being accidentally dropped or falling, Hilti will perform a repair in accordance with this clause 4.1, except that Hilti reserves the right to decline a repair in case the damage was caused by intent or gross negligence which is considered Misuse in the sense of clause 9. Hilti may exclude some FM Tools from drop or fall cover, a detailed list of which is available on xxx.xxxxx.xx.xx. This list of excluded items may be adjusted by Hilti from time to time. For newly added FM Tools, the list of excluded items published at the time the respective Tool Contract is concluded, is applicable. • FM Repair Service excludes inserts, consumables and certain other items, a detailed list of such excluded other items is available on xxx.xxxxx.xx.xx. This list of excluded items may be adjusted by Hilti from time to time. For newly added FM Tools, the list of excluded items published at the time the respective Tool Contract is concluded, is applicable. Customer has to carry the repair or replacement costs for these excluded items. The FM Repair Service excludes the repair or replacement of FM Tools damaged due to Misuse as defined in clause 9, and Customer has to carry the repair or replacement costs for such damaged FM Tools. • FM Tool repairs may only be performed by Hilti or third parties authorized by Hilti.
Appears in 3 contracts
Samples: Fleet Management Framework Agreement, Fleet Management Framework Agreement, Fleet Management Framework Agreement
Repair Service. As part of the FM Repair Service, Hilti will repair (or at Hilti’s discretion replace) FM Tools including pick-up and delivery of the repaired FM Tool. Repair includes necessary exchange of spare parts, batteries and chargers. FM Repair Service also includes the exchange of the following wear and tear parts listed on xxx.xxxxx.xx.xx. Customer may request pick-up of FM Tools for repair by Hilti by placing a repair order (e.g. via Hilti Website or with the Hilti Customer Service). Pick-up and delivery details will be agreed between the parties. • For new FM Tools, the then current terms and prices at the time • Where a FM Tool is damaged by being accidentally dropped or the Tool Contract is concluded, are applicable. • The Customer may obtain a then current Tool List setting out Customer’s FM Tools, the respective Tool Periods and Monthly Fleet Fees via its Hilti Website account. • If Customer does not dispute in writing, a FM Tool added to or removed from the Tool List within 30 days after receipt of the first invoice reflecting such, Customer shall be deemed to have accepted, and shall not dispute, the addition/removal, including the associated Tool Period and Monthly Fleet Fee. • The initial Tool Period can be extended only as described in clause 8 in which case the Tool Period will be updated accordingly in the Tool List. An early termination of Tool Contracts by Customer is not possible. • Hilti may require a deposit to be paid by the Customer as a condition precedent to this Agreement and/or any addition of FM Tools (“Deposit”). The amount, duration and repayment of such deposit will be agreed by the parties. If all Tool Contracts associated with a Deposit have terminated, if the Deposit has not been forfeited and if Customer is not in breach of this Agreement, Hilti shall return the Deposit to Customer. However, Hilti is entitled at any time to use the Deposit in order to cover any outstanding obligations by Customer under this Agreement. No interest shall accrue to Customer’s benefit, or be paid to Customer, based on Hilti’s receipt and control of the Deposit; and Hilti may commingle any Deposit with any other funds. falling, Hilti will perform a repair in accordance with this clause 4.1, except that Hilti reserves the right to decline a repair in case the damage was caused by intent or gross negligence which is considered Misuse in the sense of clause 9. Hilti may exclude some FM Tools from drop or fall cover, a detailed list of which is available on xxx.xxxxx.xx.xx. This list of excluded items may be adjusted by Hilti from time to time. For newly added FM Tools, the list of excluded items published at the time the respective Tool Contract is concluded, is applicable. • FM Repair Service excludes inserts, consumables and certain other items, a detailed list of such excluded other items is available on xxx.xxxxx.xx.xx. This list of excluded items may be adjusted by Hilti from time to time. For newly added FM Tools, the list of excluded items published at the time the respective Tool Contract is concluded, is applicable. Customer has to carry the repair or replacement costs for these excluded items. The FM Repair Service excludes the repair or replacement of FM Tools damaged due to Misuse as defined in clause 9, and Customer has to carry the repair or replacement costs for such damaged FM Tools. • FM Tool repairs may only be performed by Hilti or third parties authorized by Hilti.
Appears in 1 contract
Samples: Fleet Management Framework Agreement
Repair Service. As part of the FM Repair Service, Hilti will repair (or at Hilti’s discretion replace) FM Tools including pick-up and delivery of the repaired FM Tool. Repair includes necessary exchange of spare parts, batteries and chargers. FM Repair Service also includes the exchange of the following wear and tear parts listed on xxx.xxxxx.xx.xxxxx.xxxxx.xx. Customer may request pick-up of FM Tools for repair by Hilti by placing a repair order (e.g. via Hilti Website or with the Hilti Customer Service). Pick-up and delivery details will be agreed between the parties. • Where a FM Tool is damaged by being accidentally dropped or falling, Hilti will perform a repair in accordance with this clause 4.1, except that Hilti reserves the right to decline a repair in case the damage was caused by intent or gross negligence which is considered Misuse in the sense of clause 9. Hilti may exclude some FM Tools from drop or fall cover, a detailed list of which is available on xxx.xxxxx.xx.xx. This list of excluded items may be adjusted by Hilti from time to time. For newly added FM Tools, the list of excluded items published at the time the respective Tool Contract is concluded, is applicable. • FM Repair Service excludes inserts, consumables consumables, accessories without serial numbers and certain other items, a detailed list of such excluded other items is available on xxx.xxxxx.xx.xxxxx.xxxxx.xx. This list of excluded items may be adjusted by Hilti from time to time. For newly added FM Tools, the list of excluded items published at the time the respective Tool Contract is concluded, is applicable. Customer has to carry the repair or replacement costs for these excluded items. • The FM Repair Service excludes the repair or replacement of FM Tools damaged due to Misuse as defined in clause 9, and Customer has to carry the repair or replacement costs for such damaged FM Tools. • FM Tool repairs may only be performed by Hilti or third parties authorized by Hilti.
Appears in 1 contract
Samples: Fleet Management Framework Agreement
Repair Service. As part of the FM Repair Service, Hilti will repair (or at Hilti’s discretion replace) FM Tools including pick-up and delivery of the repaired FM Tool. Repair includes necessary exchange of spare parts, batteries and chargers. FM Repair Service also includes the exchange of the following wear and tear parts listed on xxx.xxxxx.xx.xxxxx.xxxxx.xx. Customer may request pick-up of FM Tools for repair by Hilti by placing a repair order (e.g. via Hilti Website or with the Hilti Customer Service). Pick-up and delivery details will be agreed between the parties. • Where a FM Tool is damaged by being accidentally dropped or falling, Hilti will perform a repair in accordance with this clause 4.1, except that Hilti reserves the right to decline a repair in case the damage was caused by intent or gross negligence which is considered Misuse in the sense of clause 9. Hilti may exclude some FM Tools from drop or fall cover, a detailed list of which is available on xxx.xxxxx.xx.xxxxx.xxxxx.xx. This list of excluded items may be adjusted by Hilti from time to time. For newly added FM Tools, the list of excluded items published at the time the respective Tool Contract is concluded, is applicable. • FM Repair Service excludes inserts, consumables consumables, accessories without serial numbers and certain other items, a detailed list of such excluded other items is available on xxx.xxxxx.xx.xxxxx.xxxxx.xx. This list of excluded items may be adjusted by Hilti from time to time. For newly added FM Tools, the list of excluded items published at the time the respective Tool Contract is concluded, is applicable. Customer has to carry the repair or replacement costs for these excluded items. The FM Repair Service excludes the repair or replacement of FM Tools damaged due to Misuse as defined in clause 9, and Customer has to carry the repair or replacement costs for such damaged FM Tools. • FM Tool repairs may only be performed by Hilti or third parties authorized by Hilti.
Appears in 1 contract
Samples: Management Framework Agreement