Common use of Supply and Installation of Equipment Clause in Contracts

Supply and Installation of Equipment. 6.1 Unless otherwise agreed in writing by Cavendish Communications, delivery of the Equipment shall take place at the Customer’s place of business and Cavendish Communications will use all reasonable endeavours to deliver, install and commission the Equipment by dates agreed between the parties but accepts no liability for any failure to do so. Any dates specified by Cavendish Communications for delivery, installation and commissioning of the Equipment are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified in the Purchase Order, delivery shall be within a reasonable time. 6.2 Should the Customer postpone delivery (or installation and commissioning as the case may be) of any Equipment for a period in excess of 30 days from the said agreed dates, Cavendish Communications shall be entitled to adjust any price for delivery and or the Equipment. 6.3 Unless otherwise agreed in writing by Cavendish Communications, the Customer shall have no right to inspect the Equipment prior to delivery. 6.4 While Cavendish Communications may be willing at times to make any necessary arrangement for installation and commissioning of Equipment with another network provider at the Customer's request, Cavendish Communications does not accept responsibility for any failure on the part of that network provider or their agents and that those arrangements form no part and are expressly excluded from any Agreement. 6.5 Cavendish Communications warrants to the Customer that the Equipment will be supplied, installed and maintained with due skill and care to the standards of a competent supplier and maintainer of telecommunications equipment and in accordance with any telecommunication regulatory requirements. 6.6 The Customer warrants that (if applicable) the Customer’s existing telecommunications equipment (if any) is in proper working order and complies with all applicable standards and approvals so as to enable Cavendish Communications to supply and continue to supply the Services. 6.7 Cavendish Communications may deliver the Equipment by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Agreement. 6.8 Each instalment shall be a separate Agreement and no cancellation or termination of any one Agreement relating to an instalment shall entitle the Customer to repudiate or cancel any other Agreement or instalment. 6.9 If for any reason the Customer fails to accept delivery of any of the Equipment when they are ready for delivery or Cavendish Communications is unable to deliver the Equipment on time because the Customer has not provided appropriate instructions, documents, licences or authorisations: 6.9.1 risk in the Equipment shall pass to the Customer. 6.9.2 the Equipment shall be deemed to have been delivered; and 6.9.3 Cavendish Communications may store the Equipment until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

Appears in 7 contracts

Samples: Standard Equipment and Services Supply Agreement, Standard Equipment and Services Supply Agreement, Standard Equipment and Services Supply Agreement

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