Common use of Subscribed Hardware Clause in Contracts

Subscribed Hardware. 8.1 In consideration for the payment of all applicable Fees, CoolCare shall provide the Subscribed Hardware to the Customer in accordance with these Conditions. 8.2 Use of the Subscribed Hardware shall be subject to any usage restrictions set out in the instruction manual for the relevant Subscribed Hardware, or as provided by CoolCare to the Customer in writing from time to time. 8.3 The Hardware Subscription shall commence on the Hardware Subscription Commencement Date and shall continue for the Hardware Subscription Period, unless terminated earlier in accordance with these Conditions. At the end of the Hardware Subscription Period the Fees for all Subscribed Hardware shall increase in accordance with CoolCare’s standard rates for such Subscribed Hardware then in force, and be charged monthly in advance until the end of the Subscribed Hardware Risk Period. 8.4 Subject to clause 8.1, any return of Subscribed Hardware to CoolCare shall be at the Customer’s expense. 8.5 The Subscribed Hardware shall remain at the sole risk of the Customer during the Subscribed Hardware Risk Period. 8.6 Title in and to the Subscribed Hardware shall at all times remain with CoolCare, and the Customer shall have no right, title or interest in or to the Subscribed Hardware (save the right to possession and use of the Subscribed Hardware subject to these Conditions. 8.7 During the Subscribed Hardware Risk Period, the Customer shall: (a) ensure that the Subscribed Hardware is kept and operated in a suitable environment and used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by CoolCare; (b) take such steps (including compliance with all safety and usage instructions provided by CoolCare) as may be necessary to ensure, so far as is reasonably practicable, that the Subscribed Hardware is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) not use the Subscribed Hardware for any unlawful purpose; (d) maintain at its own expense the Subscribed Hardware in good and substantial repair in order to keep it in a condition similar to that at the Hardware Subscription Commencement Date (fair wear and tear excepted); (e) keep CoolCare fully informed of all material matters relating to the Subscribed Hardware; (f) keep the Subscribed Hardware at all times at the Customer Location and shall not move or attempt to move any part of the Subscribed Hardware to any other location without CoolCare's prior written consent; and (g) not, without the prior written consent of CoolCare, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Subscribed Hardware or allow the creation of any mortgage, charge, lien or other security interest in respect of it. (h) The Customer shall at its own expense, obtain and maintain the following insurances: (i) insurance of the Subscribed Hardware to a value not less than its replacement value against all usual risks of loss, damage or destruction by fire, theft or accident; and (j) insurance for such amounts as a prudent owner or operator of the Subscribed Hardware would insure for, to cover any third party or public liability risks of whatever nature and however arising in connection with the Subscribed Hardware. (k) the Customer shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to CoolCare and proof of premium payment to CoolCare to confirm the insurance arrangements. 8.8 The Customer acknowledges that CoolCare shall not be responsible for any loss of or damage to the Subscribed Hardware arising out of or in connection with any negligence, misuse, mishandling of the Subscribed Hardware or otherwise caused by the Customer or its officers, employees, agents and contractors. Where any of the foregoing occur, CoolCare may elect to repair or replace any damaged items of Subscribed Hardware, and charge any costs of doing so to the Customer.

Subscribed Hardware. 8.1 In consideration for the payment of all applicable Fees, CoolCare shall provide the Subscribed Hardware to the Customer in accordance with these Conditions. 8.2 Use of the Subscribed Hardware shall be subject to any usage restrictions set out in the instruction manual for the relevant Subscribed Hardware, or as provided by CoolCare to the Customer in writing from time to time. 8.3 The Hardware Subscription shall commence on the Hardware Subscription Commencement Date and shall continue for the Hardware Subscription Period, unless terminated earlier in accordance with these Conditions. At the end of the Hardware Subscription Period the Fees for all Subscribed Hardware shall increase in accordance with CoolCare’s standard rates for such Subscribed Hardware then in force, and be charged monthly in advance until the end of the Subscribed Hardware Risk Period. 8.4 Subject to clause 8.1, any return of Subscribed Hardware to CoolCare shall be at the Customer’s expense. 8.5 The Subscribed Hardware shall remain at the sole risk of the Customer during the Subscribed Hardware Risk Period. 8.6 Title in and to the Subscribed Hardware shall at all times remain with CoolCare, and the Customer shall have no right, title or interest in or to the Subscribed Hardware (save the right to possession and use of the Subscribed Hardware subject to these Conditions. 8.7 During the Subscribed Hardware Risk Period, the Customer shall: (a) ensure that the Subscribed Hardware is kept and operated in a suitable environment and used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by CoolCare; (b) take such steps (including compliance with all safety and usage instructions provided by CoolCare) as may be necessary to ensure, so far as is reasonably practicable, that the Subscribed Hardware is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (c) not use the Subscribed Hardware for any unlawful purpose; (d) maintain at its own expense the Subscribed Hardware in good and substantial repair in order to keep it in a condition similar to that at the Hardware Subscription Commencement Date (fair wear and tear excepted); (e) keep CoolCare fully informed of all material matters relating to the Subscribed Hardware; (f) keep the Subscribed Hardware at all times at the Customer Location and shall not move or attempt to move any part of the Subscribed Hardware to any other location without CoolCare's prior written consent; and (g) not, without the prior written consent of CoolCare, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Subscribed Hardware or allow the creation of any mortgage, charge, lien or other security interest in respect of it. (h) The Customer shall at its own expense, obtain and maintain the following insurances: (i) insurance of the Subscribed Hardware to a value not less than its replacement value against all usual risks of loss, damage or destruction by fire, theft or accident; and (j) insurance for such amounts as a prudent owner or operator of the Subscribed Hardware would insure for, to cover any third party or public liability risks of whatever nature and however arising in connection with the Subscribed Hardware. (k) the Customer shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to CoolCare and proof of premium payment to CoolCare to confirm the insurance arrangements. 8.8 The Customer acknowledges that CoolCare shall not be responsible for any loss of or damage to the Subscribed Hardware arising out of or in connection with any negligence, misuse, mishandling of the Subscribed Hardware or otherwise caused by the Customer or its officers, employees, agents and contractors. Where any of the foregoing occur, CoolCare may elect to repair or replace any damaged items of Subscribed Hardware, and charge any costs of doing so to the Customer.