Common use of Spares Clause in Contracts

Spares. 34.1 Where appropriate to the Goods supplied in accordance with this Contract, the Seller shall make available to the University, or any nominated third party maintenance source, on request; with reasonable dispatch and at reasonable prices, all spares and replacement parts as the University, or nominated third party maintenance source, shall require for the Goods. 34.2 The Seller shall maintain a supply of such spares or replacement parts for a period of seven (7) years from the date of Delivery or the Acceptance Date, whichever is the later. 34.3 Such spares or replacement parts shall be required to be fully compatible with, and maintain as a minimum the same levels of performance as, the Goods originally supplied, but need not be identical to those items. The warranty in Clause 25 shall apply to the spares or replacement parts as if they were part of the original Goods. 34.4 If during this period the Seller, or its sub-contractor intend to discontinue the manufacture of spares or replacement parts for the Goods the Seller shall forthwith give notice to the University of such intention, and advise the University of any third party source from which the spares or replacement parts will be available, or to which third party source the Seller intends to provide drawings, patterns, specifications and other information. 34.5 If during the stipulated period of seven (7) years the Seller or its sub- contractor either: 34.5.1 fails to make available to the University, or any nominated third party maintenance service provider, with reasonable despatch, at reasonable prices all such spares or replacement parts as the University or nominated third party maintenance source shall require for the Goods; or 34.5.2 becomes insolvent or has a receiving order made against them, or commences to be wound up (not being a member’s winding up for the purposes of reconstruction),then the Seller shall so far as it is legally entitled to do so, and if so required by the University, as soon as practicable, deliver to the University or its nominated third party maintenance source, free of charge such drawings, patterns, specifications and other information as referred to in Clause 34.4, and which the University, or its nominated third party source, shall be entitled to retain for such time only as necessary for the exercise by the University of its rights under this Clause, and which, if the Seller so requires, shall be returned by the University to the Seller at the University’s cost and expense.

Spares. 34.1 21.1. Where appropriate to the Goods supplied in accordance with this Contract, the Seller You shall make available to the UniversityUs, or any nominated third party maintenance source, on request; , with reasonable dispatch despatch and at reasonable prices, all spares and replacement parts as the UniversityWe, or nominated third party maintenance source, source shall require for the Goods. 34.2 The Seller 21.2. You shall maintain a supply of such spares or replacement parts for a period of seven (7) years from the date of Delivery delivery or the Acceptance Date, whichever is the laterlatest. 34.3 21.3. Such spares or replacement parts shall be required to be fully compatible with, and maintain as a minimum the same levels of performance as, as the Goods originally supplied, but need not be identical to those items. The warranty in Clause 25 shall apply to the spares or replacement parts as if they were part of the original Goods. 34.4 21.4. If during this the period the Seller, set out in Condition 21.2 You or its Your sub-contractor intend to discontinue the manufacture of spares or replacement parts for the Goods the Seller You shall forthwith give notice to the University Us of such intention, intention and advise the University Us of any third party source from which the spares or replacement parts will be available, or to which third party source the Seller intends You intend to provide drawings, patterns, specifications and other information. 34.5 21.5. If during the stipulated period of seven (7) years the Seller set out in Condition 21.2 You or its Your sub- contractor either: 34.5.1 21.5.1. fails to make available to the UniversityUs, or any nominated third party maintenance service provider, with reasonable despatch, at reasonable prices all such spares or replacement parts as the University We or nominated third party maintenance source shall require for the Goods; or 34.5.2 21.5.2. becomes insolvent or has a receiving order made against them, them or commences to be wound up (not being a member’s winding up for the purposes of reconstruction),then the Seller reconstruction) then You shall so far as it is legally entitled to do so, so and if so required by the University, Us as soon as practicable, practicable deliver to the University Us or its Our nominated third party maintenance source, free of charge such drawings, patterns, specifications and other information as referred to in Clause 34.4, Condition 21.4 and which the University, We or its Our nominated third party source, source shall be entitled to retain for such time only as necessary for the exercise by the University Us of its Our rights under this Clause, Condition 21.4 and which, which if the Seller You so requires, require shall be returned by the University Us to the Seller You at the University’s Our cost and expense.