Common use of Supply of Equipment Clause in Contracts

Supply of Equipment. 2.1 Trial of the Equipment We may provide you with Equipment in order for you to trial it. The trial commencement date is set forth in the Agreement Specifics and the term of such trial period (the “trial period”) shall be advised by us at our discretion. You are not required to pay us anything for the trial period. The following provisions in these terms and conditions apply to the trial period. 2.2 Renting the Equipment We may provide you with Equipment in order for you to rent it for the Term. The rent you shall pay us in consideration of us providing the Equipment to you is set forth in clause 4. If your usage or other factors require it, we may discuss and agree with you for additional or alternative Equipment and/or Products to be provided, and in that case there were will be commensurate variations to the Fees. 2.3 Dealing with the Equipment if trialling or renting If you are renting or trialling the Equipment: (a) once the Equipment has been delivered to you it must be properly cared for by you and used only for its intended purpose, as specified by us; (b) the Equipment must be stored out of the weather (ie, direct sunlight, wind, rain and moisture, for example) and away from any corrosive materials; (c) if your usage of the Equipment causes it to deteriorate beyond a reasonable level of wear and tear, having regard to the age and intended purpose of the Equipment, then we may terminate the agreement upon providing you 14 days' notice and collect the Equipment from you. As an alternative to terminating the agreement, we may discuss and agree with you variations to the Services required or the Fees; (d) you are not allowed to alter or amend the Equipment unless you have our written authorisation to do so; (e) you shall only use and store the Equipment at your premises as nominated in the Agreement Specifics (unless we otherwise agree with you in writing, to move it elsewhere); (f) at any time throughout the trial period we may call upon you for you to return the Equipment to us or we may collect it from your premises with 24 hours' notice; (g) at any time throughout the Term we may ask you to allow us to inspect the Equipment at your premises; (h) you must immediately report to us any damage or malfunction of the Equipment and ensure it is appropriately isolated from use until properly repaired and suitable for its intended purpose. (i) At the end of the trial period or Term (where relevant): (i) we shall collect the Equipment from you in the same condition which we delivered it to you, save for fair wear and tear; (ii) you do not have an option to buy the Equipment. 2.4 Sale and purchase of Equipment and/or Products (a) We may sell you Equipment and/or Products. If the parties agree to sell and buy, respectively, the Equipment and/or the Products that shall be set out in the Agreement Specifics. (b) If we have the Equipment and/or Products in stock we will endeavour to deliver it to you within 14 days from the date of this agreement or as otherwise nominated by us. If the Equipment and/or Products are not in stock we will advise you of the expected delivery date. This is an estimated delivery time and we shall not be liable to you if the Equipment and/or Products are delayed. (c) We will deliver the Products to you at the frequency as set forth in the Agreement Specifics or as otherwise agreed. (d) Upon delivery we will provide you with our operating and safety instructions (the “Operator’s Manual”). (e) You undertake to thoroughly read the Operator’s Manual and put all processes in place to ensure it is complied with. If you are unclear about anything in the Operator’s Manual you should call us on the contact numbers provided to you in this agreement. (f) You must ensure your representatives and anyone who uses the Equipment and/or the Products are provided with the Operator’s Manual and ensure they are adequately educated, supervised and instructed with respect to the Equipment and/or the Products and their respective uses. (g) Payment for the Equipment and/or Products is provided for in clause 4. 2.5 Title and risk (ii) risk transfers to you upon delivery of the Equipment to you and transfers back to us after we have inspected the Equipment upon its return to us. (b) If you buy the Equipment and/or the Products: (i) title transfers to you once you have paid for the Equipment and/or the Products in full; and (ii) risk transfers to you upon delivery of the Equipment and/or the Products to you.

Supply of Equipment. 2.1 Trial of 24.1 We will sell to you, and you will buy from us Equipment identified in Equipment Documents as being sold to you (individually and collectively, the Purchased Equipment). We will rent to you and you agree to accept and rent from us Equipment We may provide identified in Equipment Documents as being rented to you with Equipment in order for you to trial it. The trial commencement date is set forth in (individually and collectively, the Agreement Specifics and the term of such trial period (the “trial period”) shall be advised by us at our discretion. You are not required to pay us anything for the trial period. The following provisions in these terms and conditions apply to the trial periodRental Equipment). 2.2 Renting the 24.2 Any Equipment We may provide you with Equipment in order for you to rent it for the Term. The rent you shall pay us in consideration of us providing the Equipment sold or rented to you is set forth in clause 4. If your usage being sold or other factors require itrented to you solely for business use and not for household or personal use. 24.3 Warranties, we may discuss and agree with you if any, for additional the Equipment or alternative Equipment and/or Products to be provided, and in that case there were any related Software will be commensurate variations to contained within the Feespackaging and originate from the applicable third party provider or manufacturer (Vendor) not us. 2.3 Dealing with 24.4 YOU ACKNOWLEDGE THAT ANY EQUIPMENT AND/OR SOFTWARE YOU PURCHASE OR RENT FROM US MAY NOT BE COMPATIBLE WITH ANOTHER PROCESSOR’S SYSTEMS. WE DO NOT HAVE ANY OBLIGATION TO MAKE SUCH SOFTWARE AND/OR EQUIPMENT COMPATIBLE WITH ANY OTHER PRO- CESSING SYSTEMS. IF YOU ELECT TO USE ANOTHER PROCESSING SERVICE PROVIDER ON TERMINATION OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU MAY NOT BE ABLE TO USE THE EQUIPMENT AND/OR SOFTWARE RENTED OR PURCHASED UNDER THIS AGREEMENT. 24.5 We will provide you supplies as requested by you. You shall pay the Equipment if trialling purchase price for such supplies, plus shipping and handling charges, including all applicable tax, prior to delivery of the supplies or renting If you are renting or trialling the Equipment: (a) once the Equipment has been delivered to you it must be properly cared for by you and used only for its intended purposeupon invoice, as specified by us;, or at our option, such amounts will be collected by us by debits or deductions pursuant to this Agreement. 24.6 We will deliver the Equipment to the site you designate. You are deemed to have accepted each piece of Equipment at the earlier of: (a) your actual acceptance after installation; (b) the Equipment must be stored out of the weather (ie, direct sunlight, wind, rain delivery to you if your site is not prepared and moisture, ready for example) and away from any corrosive materials; installation; or (c) if your usage for Equipment that we have not agreed to install for you, seven (7) days after shipment of each such piece of Equipment. The rental period for each piece of Rental Equipment starts on the date the Equipment causes it is deemed accepted and terminates at the scheduled termination date in the Equipment Documents. 24.7 You will prepare the installation site(s) for the Equipment, including the power supply circuits and phone lines, in conformance with the manufacturer’s and our specifications and will make the site(s) available to deteriorate beyond us by the confirmed shipping date. Any alterations required for installation of Equipment will be done at your expense. 24.8 You shall cause the Equipment to be operated by competent and qualified personnel in accordance with any operating instructions furnished by us or the manufacturer. You shall not use the Equipment, or permit the Equipment to be used, in any manner or for any purpose for which the Equipment is not designed or reasonably suited. 24.9 You may not relocate, remove, disconnect, modify or in any way alter any Equipment without our prior consent. 24.10 You are responsible for safeguarding Equipment from (and shall immediately notify us of any) loss, damage, unauthorized use, misuse or theft. 24.11 You shall keep the Rental Equipment adequately insured against loss by fire, theft and all other hazards (comprehensive coverage). The loss, destruction, theft of or damage to the Rental Equipment does not relieve you of your obligation to pay the full purchase price or rent payable under this Agreement. 24.12 If Equipment is defective, you must immediately call the POS Help Desk. If necessary, we will assist you in obtaining replacement Equipment. If you fail to return any defective Equipment, you may be responsible for its replacement value and for any legal and/or collection costs incurred by the Equipment owner in connection with recovering Equipment. 24.13 Rented Equipment may not be subleased at any time and you must keep all Equipment free of any claims, liens and legal processes initiated by creditors. 24.14 Promptly upon termination of all applicable rental periods or promptly following any action by us following a Default, you shall deliver possession of all Rental Equipment (including all attachments and parts) to us at your cost in the same operating order, repair, condition and appearance that the Rental Equipment had at the time of its delivery to you, except for reasonable level of wear and tear, having regard to the age and intended purpose . For each item of the Equipment, then we may terminate the agreement upon providing you Rental Equipment not so returned 14 days' notice and collect the Equipment from you. As an alternative to terminating the agreement, we may discuss and agree with you variations to the Services required or the Fees; (d) you are not allowed to alter or amend the Equipment unless you have our written authorisation to do so; (e) you shall only use and store the Equipment at your premises as nominated in the Agreement Specifics (unless we otherwise agree with you in writing, to move it elsewhere); (f) at any time throughout the trial period we may call upon you for you to return the Equipment to us or we may collect it from your premises with 24 hours' notice; (g) at any time throughout the Term we may ask you to allow us to inspect the Equipment at your premises; (h) you must immediately report to us any damage or malfunction of the Equipment and ensure it is appropriately isolated from use until properly repaired and suitable for its intended purpose. (i) At the end of the trial period or Term (where relevant): (i) we shall collect the Equipment from you in the same condition which we delivered it to you, save for fair wear and tear; (ii) you do not have an option to buy the Equipment. 2.4 Sale and purchase of Equipment and/or Products calendar days after (a) We may sell termination of the applicable rental period, or (b) any action by us following a Default, you Equipment and/or Products. If the parties agree to sell and buypay us the greater of $250 or the fair market value of such item of Equipment if it were in the condition described above, respectivelyas determined by us. 24.15 Except for Purchased Equipment that has been paid for in full, the Equipment and/or shall remain our personal property and shall not under any circumstances be considered to be a fixture affixed to your real estate. You shall permit us to affix suitable labels or stencils to the Products that Equipment indicating our ownership. 24.16 You shall be return Equipment in accordance with the procedure set out in the Agreement SpecificsYour Payments Acceptance Guide. Rental fees may be continued until Equipment is returned. 24.17 You hereby grant to us a security interest in (a) all Purchased Equipment and the related Software to secure payment of the purchase price; and (b) If we have all Rental Equipment and the Equipment and/or Products in stock we will endeavour related Software to deliver it to you within 14 days from the date of this agreement or as otherwise nominated by us. If the Equipment and/or Products are not in stock we will advise you secure payment of the expected delivery date. This is an estimated delivery time monthly payments and we shall not be liable authorize us to you if the Equipment and/or Products are delayed. (c) We will deliver the Products to you at the frequency as set forth in the Agreement Specifics or as otherwise agreed. (d) Upon delivery we will provide you with our operating and safety instructions (the “Operator’s Manual”). (e) You undertake to thoroughly read the Operator’s Manual and put all processes in place to ensure it is complied with. If you are unclear about anything in the Operator’s Manual you should call us on the contact numbers provided to you in this agreement. (f) You must ensure your representatives and anyone who uses the Equipment and/or the Products are provided with the Operator’s Manual and ensure they are adequately educated, supervised and instructed file financing statements with respect to the Equipment and/or and the 24.18 You agree that in order to access any Wireless Services, you must use wireless POS Terminals and accessories approved for use with the Products and their respective usesWireless Services by us in our sole discretion (Wireless Equipment). 24.19 You agree to obtain any and all licenses, permits or other authorizations required by the Federal Communications Commission (gFCC) Payment or any other regulatory authority, if any, for the lawful operation of any Wireless Equipment and/or Products is provided for in clause 4used by you. 2.5 Title You shall promptly provide us with all such information as we may reasonably request with respect to matters relating to the rules and risk (ii) risk transfers to you upon delivery regulations of the Equipment to you and transfers back to us after we have inspected the Equipment upon its return to usFCC. (b) If you buy the Equipment and/or the Products: (i) title transfers to you once you have paid for the Equipment and/or the Products in full; and (ii) risk transfers to you upon delivery of the Equipment and/or the Products to you.

Supply of Equipment. 2.1 Trial of the Equipment We may provide you with Equipment in order for you to trial it. The trial commencement date is set forth in the Agreement Specifics and the term of such trial period (the “trial period”) shall be advised by us at our discretion. You are not required to pay us anything for the trial period. The following provisions in these terms and conditions apply to the trial period. 2.2 Renting the Equipment We may provide you with Equipment in order for you to rent it for the Term. The rent you shall pay us in consideration of us providing the Equipment to you is set forth in clause 4. If your usage or other factors require it, we may discuss and agree with you for additional or alternative Equipment and/or Products to be provided, and in that case there were will be commensurate variations to the Fees. 2.3 Dealing with the Equipment if trialling or renting If you are renting or trialling the Equipment: (a) once the Equipment has been delivered to you it must be properly cared for by you and used only for its intended purpose, as specified by us; (b) the Equipment must be stored out of the weather (ie, direct sunlight, wind, rain and moisture, for example) and away from any corrosive materials; (c) if your usage of the Equipment causes it to deteriorate beyond a reasonable level of wear and tear, having regard to the age and intended purpose of the Equipment, then we may terminate the agreement upon providing you 14 days' notice and collect the Equipment from you. As an alternative to terminating the agreement, we may discuss and agree with you variations to the Services required or the Fees; (d) you are not allowed to alter or amend the Equipment unless you have our written authorisation to do so; (e) you shall only use and store the Equipment at your premises as nominated in the Agreement Specifics (unless we otherwise agree with you in writing, to move it elsewhere); (f) at any time throughout the trial period we may call upon you for you to return the Equipment to us or we may collect it from your premises with 24 hours' notice; (g) at any time throughout the Term we may ask you to allow us to inspect the Equipment at your premises; (h) you must immediately report to us any damage or malfunction of the Equipment and ensure it is appropriately isolated from use fromuse until properly repaired and suitable for its intended purpose. (i) At the end of the trial period or Term (where relevant): (i) we shall collect the Equipment from you in the same condition which we delivered it to you, save for fair wear and tear; (ii) you do not have an option to buy the Equipment. 2.4 Sale and purchase of Equipment and/or Products (a) We may sell you Equipment and/or Products. If the parties agree to sell and buy, respectively, the Equipment and/or the Products that shall be set out in the Agreement Specifics. (b) If we have the Equipment and/or Products in stock we will endeavour to deliver it to you within 14 days from the date of this agreement or as otherwise nominated by us. If the Equipment and/or Products are not in stock we will advise you of the expected delivery date. This is an estimated delivery time and we shall not be liable to you if the Equipment and/or Products are delayed. (c) We will deliver the Products to you at the frequency as set forth in the Agreement Specifics or as otherwise agreed. (d) Upon delivery we will provide you with our operating and safety instructions (the “Operator’s Manual”). (e) You undertake to thoroughly read the Operator’s Manual and put all processes in place to ensure it is complied with. If you are unclear about anything in the Operator’s Manual you should call us on the contact numbers provided to you in this agreement. (f) You must ensure your representatives and anyone who uses the Equipment and/or the Products are provided with the Operator’s Manual and ensure they are adequately educated, supervised and instructed with respect to the Equipment and/or the Products and their respective uses. (g) Payment for the Equipment and/or Products is provided for in clause 4. 2.5 Title and risk (ii) risk transfers to you upon delivery of the Equipment to you and transfers back to us after we have inspected the Equipment upon its return to us. (b) If you buy the Equipment and/or the Products: (i) title transfers to you once you have paid for the Equipment and/or the Products in full; and (ii) risk transfers to you upon delivery of the Equipment and/or the Products to you.