THE CUSTOMER’S OBLIGATIONS. 6.1 If requested by WSS, the Customer shall (within a reasonable time period and in any event no later than seven (7) calendar days in advance of WSS performing the Safety Services) supply all drawings, technical documents, data and specifications necessary to allow WSS to perform the Safety Services ("Documentation"). Following the receipt of such Documentation from the Customer, WSS may, in its sole discretion, delay the performance of the Safety Services if the Documentation contains requirements that involve additional preparation time (including, by way of an example only, a requirement for additional parts that need to be ordered in advance). 6.2 Subject to Condition 2.3, the Customer shall confirm in writing to WSS the agreed Service Port and agreed date for the Safety Services to be carried out for each relevant ship. 6.3 The Customer shall ensure that the relevant ship is available at the agreed Service Port and agreed date for the Safety Services to be carried out. 6.4 The Customer shall provide any Orders to WSS with at least four (4) calendar days notice in advance of the date on which the Safety Services are required. Without prejudice to the foregoing notice period, WSS may accept Orders from Customers with a shorter notice period but shall be under no obligation to do so. Any Orders are subject to acceptance by WSS and WSS shall have no obligation to fulfil an Order submitted by the Customer unless the Order has already been accepted by WSS. Acceptance of an Order by WSS shall be indicated either in writing by WSS or by commencing the performance of the relevant Safety Services by WSS. 6.5 If an Order is placed by the Customer as an agent for a principal (disclosed or undisclosed) then the Customer shall be jointly and severally liable with such principal for the payments of all amounts (including the Charges) due to WSS in connection with the performance of the Safety Services. 6.6 The Customer shall, at all times, comply with any warnings, instructions or safety rules provided to it by WSS from time to time. 6.7 The Customer shall, at all times, comply with, and apply best industry practice at all times in relation to storage, handling and use of all the Safety Equipment. 6.8 The Customer shall inform WSS and keep WSS informed of any applicable laws and regulations in connection with the performance or receipt of the Safety Services. 6.9 The Customer shall take all necessary steps to ensure that it is safe on board the vessels for WSS to perform the Safety Services.
Appears in 3 contracts
Samples: Standard Terms and Conditions for the Provision of Safety Services, Standard Terms and Conditions for the Provision of Safety Services, Standard Terms and Conditions for the Provision of Safety Services
THE CUSTOMER’S OBLIGATIONS. 6.1 If requested 5.1 In relation to the Services to be provided by WSSthe Company, the Customer shall for the benefit of the Company:
(i) comply with and act in accordance with any mandatory law;
(ii) provide to the Company in good time and in advance all information necessary for the Company to provide the Services on a timely basis, including but not limited to details of the Shipper/Consignee or the relevant appointed agent, the details of the Goods to be shipped and desired timings for performance of the Services;
(iii) provide all documentation and information necessary for the Company to provide the Services pursuant to these STCs within a reasonable time period of any request for such information being made; and
(iv) cooperate with all authorities on all matters relating to the provision of the Services.
5.2 The Customer shall accept, and shall procure that any Shipper/Consignee or appointed agent accepts, delivery of the Services in accordance with these STCs.
5.3 Should the Consignee or any event no later than seven (7) calendar days in advance appointed agent fail to take delivery of WSS performing the Safety Services) supply all drawingsGoods at the Delivery Point, technical documents, data and specifications necessary the Company shall be entitled to allow WSS to perform store the Safety Services ("Documentation"). Following Goods or any part thereof at the receipt sole risk of such Documentation from the Customer, WSS Consignee or appointed agent, whereupon the liability (if any) of the Company in respect of the Goods or that part thereof shall wholly cease. All costs (including but not limited to storage costs and legal fees) incurred by the Company as a result of the failure to take timely delivery shall be paid by the Customer to the Company upon demand.
5.4 Receipt by the Consignee entitled to delivery of the Goods without complaint is prima facie evidence that the Goods have been delivered in good condition and in accordance with this Services Agreement.
5.5 The Company shall be entitled at the expense of the Customer to dispose of the Goods (by sale or otherwise as may be reasonable in all the circumstances):
(i) following at least 14 days’ notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties which may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 30 days (or longer if required by mandatory law) and which cannot be delivered as instructed; and
(ii) any such sale shall be on the basis of a reasonable offer immediately available, which may or may not amount to a sum which the Customer (or any other person interested) considers the Goods to be worth in any specialist market place. The Company may, in its sole absolute discretion, delay advertise the Goods for sale.
5.6 The Customer warrants that:
(i) all information provided by or on behalf of the Customer which relates to required Services or Goods shall be complete and accurate;
(ii) all equipment and other materials provided by the Customer in relation to or for the purposes of the performance of the Safety Services if Services, including but not limited to any Container, is fully fit for purpose and in good condition;
(iii) all Goods are fit for carriage and all steps have been taken to ensure the Documentation contains requirements that involve additional preparation time Goods have been appropriately prepared and packaged and are capable of being identified; and
(includingiv) any Container provided by the Customer is in good condition and is suitable for the carriage of the Goods.
5.7 Where the Company provides the Container, the Customer accepts that, by way loading the Goods onto or into such Container, the Container is in good condition and is suitable for the carriage of an example onlythe Goods.
5.8 The Customer acknowledges that, a requirement for additional parts that need where the Customer delivers to the Company, or causes the Company to deal with or handle Goods which are or may be considered to be ordered in advance).
6.2 Subject hazardous, dangerous or capable of causing damage or adversely affecting other goods or Goods likely to Condition 2.3attract rodents or other animal life whether declared to the Company or not, the Customer shall confirm in writing to WSS the agreed Service Port and agreed date be liable for the Safety Services to be carried out for each relevant ship.
6.3 The Customer shall ensure all losses or damage that the relevant ship is available at the agreed Service Port and agreed date for the Safety Services to be carried out.
6.4 The Customer shall provide any Orders to WSS with at least four (4) calendar days notice in advance of the date on which the Safety Services are required. Without prejudice to the foregoing notice period, WSS may accept Orders from Customers with a shorter notice period but shall be under no obligation to do so. Any Orders are subject to acceptance by WSS and WSS shall have no obligation to fulfil an Order submitted by the Customer unless the Order has already been accepted by WSS. Acceptance of an Order by WSS shall be indicated either in writing by WSS or by commencing the performance of the relevant Safety Services by WSS.
6.5 If an Order is placed by the Customer as an agent for a principal (disclosed or undisclosed) then the Customer shall be jointly and severally liable with such principal for the payments of all amounts (including the Charges) due to WSS arise in connection with the performance of the Safety Servicessuch Goods.
6.6 The Customer shall5.9 Where Condition 5.8 applies, at all times, comply with any warnings, instructions or safety rules provided to it by WSS from time to time.the Customer:
6.7 The Customer shall, at all times, comply with, and apply best industry practice (i) shall at all times in relation fully indemnify the Company and hold it harmless against all penalties, claims, damages, losses, costs and expenses (including but not limited to storage, handling and use of all the Safety Equipment.
6.8 The Customer shall inform WSS and keep WSS informed of any applicable laws and regulations legal expenses) whatsoever arising in connection with any such Goods; and
(ii) accepts that the performance Company shall be entitled to deal with the Goods in such manner as the Company, or receipt of any other person in whose custody the Safety ServicesGoods may be at any relevant time, thinks fit.
6.9 The Customer shall take all necessary steps to ensure that it is safe on board the vessels for WSS to perform the Safety Services.
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
THE CUSTOMER’S OBLIGATIONS. 6.1 If requested by WSSThe Customer agrees throughout the Agreement Term to:
(a) Pay the Fees to ADT in accordance with the Agreement, regardless of whether the Customer shall continues or maintains the required communication service referred to in Clause 2.3(c)(v) and/or a secondary communication service referred to in Clause 3.1(m);
(within b) Immediately contact the CCC:
(i) When any of the Customer’s or the Keyholder’s information referred to in Sections 1 and 3 of the DSA changes;
(ii) Prior to vacating the Site or selling the Site to another party;
(iii) Prior to changing its Carrier;
(iv) Prior to changing its bank or financial institution where that effects the Customer’s elected payment manner;
(v) When the Customer’s Carrier restricts the provision of the Services.
(c) Provide such power points as may be necessary for the connection of the essential power supply for the Equipment.
(d) Provide and/or maintain a reasonable time period and in any event no later than seven (7) calendar days in advance of WSS performing the Safety Services) supply all drawingsfunctioning leased line, technical documents, data and specifications outgoing fixed line telephone or other necessary communication services to allow WSS ADT to perform provide the Safety Services Services;
("Documentation"). Following e) Comply with all operating and maintenance instructions in relation to the receipt Equipment;
(f) Provide safe access to the Site to ADT or its authorised contractor for the purposes of such Documentation installing, testing, servicing and maintaining the Equipment and exercising any rights under the Agreement;
(g) Through ADT or a qualified licensed technician, carry out regular testing of the Equipment and the connection to the CCC;
(h) Ensure that the Equipment is not removed from the CustomerSite or repaired, WSS maymodified, altered, adjusted or interfered with by an unauthorised party;
(i) Keep the Equipment in its sole discretion, delay good order and repair and properly serviced;
(j) Immediately report to the performance of the Safety Services if the Documentation contains requirements CCC all faulty or damaged Equipment so that involve additional preparation time (including, by way of an example only, a requirement for additional parts that need to be ordered in advance).
6.2 Subject to Condition 2.3, the Customer shall confirm in writing to WSS the agreed Service Port and agreed date for the Safety Services to be carried out for each relevant ship.
6.3 The Customer shall ensure that the relevant ship is available at the agreed Service Port and agreed date for the Safety Services to repairs can be carried out.;
6.4 The Customer shall provide any Orders (k) Take all steps as may be necessary in order to WSS with at least four prevent False Alarms;
(4l) calendar days notice in advance Contact ADT to arrange Decommissioning of the date Equipment on which termination or expiry of the Safety Services are required. Without prejudice Agreement;
(m) In all respects comply with the codes, standards, regulations and legislation relating to fire safety and buildings, including but not limited to maintaining a primary and secondary communication service in order to facilitate the transmission of Signals from and to the foregoing notice period, WSS may accept Orders from Customers with a shorter notice period but shall be under no obligation to do so. Any Orders are subject to acceptance Equipment and the CCC;
(n) Pay all costs imposed on it by WSS and WSS shall have no obligation to fulfil an Order submitted by Emergency Services in respect of attending the Customer unless the Order has already been accepted by WSS. Acceptance Site and/or arising out of an Order by WSS shall be indicated either in writing by WSS any False Alarms or by commencing the performance any act or omission of the relevant Safety Services Customer; and
(o) Indemnify and hold ADT and its Related Corporations harmless from any loss, damage, cost or expense that ADT or its Related Corporation may suffer and against all claims, demands, actions, suits and causes of action that may be made by WSS.
6.5 If an Order is placed by the Customer as an agent for a principal (disclosed any third party against ADT or undisclosed) then the Customer shall be jointly and severally liable with such principal for the payments of all amounts (including the Charges) due to WSS in connection with the performance its Related Corporation arising out of the Safety ServicesServices or the Agreement.
6.6 The Customer shall, at all times, comply with any warnings, instructions or safety rules provided to it by WSS from time to time.
6.7 The Customer shall, at all times, comply with, and apply best industry practice at all times in relation to storage, handling and use of all the Safety Equipment.
6.8 The Customer shall inform WSS and keep WSS informed of any applicable laws and regulations in connection with the performance or receipt of the Safety Services.
6.9 The Customer shall take all necessary steps to ensure that it is safe on board the vessels for WSS to perform the Safety Services.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
THE CUSTOMER’S OBLIGATIONS. 6.1 If requested by WSSThe Customer agrees throughout the Agreement Term to:
(a) Pay the Fees to SECOM Smart in accordance with the Agreement, regardless of whether the Customer shall continues or maintains the required communication service referred to in Clause 2.3 and/or a secondary communication service referred to in Clause 3.1(m);
(within b) Immediately contact the CCC:
(i) When any of the Customer’s or the Keyholder’s information referred to in Sections 1 and 3 of the DSA changes;
(ii) Prior to vacating the Site or selling the Site to another party;
(iii) Prior to changing its Carrier;
(iv) Prior to changing its bank or financial institution where that effects the Customer’s elected payment manner;
(v) When the Customer’s Carrier restricts the provision of the Services.
(c) Provide such power points as may be necessary for the connection of the essential power supply for the Equipment.
(d) Provide and/or maintain a reasonable time period and in any event no later than seven (7) calendar days in advance of WSS performing the Safety Services) supply all drawingsfunctioning leased line, technical documents, data and specifications outgoing fixed line telephone or other necessary communication services to allow WSS SECOM Smart to perform provide the Safety Services Services;
("Documentation"). Following e) Comply with all operating and maintenance instructions in relation to the receipt Equipment;
(f) Provide safe access to the Site to SECOM Smart or its authorised contractor for the purposes of such Documentation installing, testing, servicing and maintaining the Equipment and exercising any rights under the Agreement;
(g) Through SECOM Smart or a qualified licensed technician, carry out regular testing of the Equipment and the connection to the CCC;
(h) Ensure that the Equipment is not removed from the CustomerSite or repaired, WSS maymodified, altered, adjusted or interfered with by an unauthorised party;
(i) Keep the Equipment in its sole discretion, delay good order and repair and properly serviced;
(j) Immediately report to the performance of the Safety Services if the Documentation contains requirements CCC all faulty or damaged Equipment so that involve additional preparation time (including, by way of an example only, a requirement for additional parts that need to be ordered in advance).
6.2 Subject to Condition 2.3, the Customer shall confirm in writing to WSS the agreed Service Port and agreed date for the Safety Services to be carried out for each relevant ship.
6.3 The Customer shall ensure that the relevant ship is available at the agreed Service Port and agreed date for the Safety Services to repairs can be carried out.;
6.4 The Customer shall provide any Orders (k) Take all steps as may be necessary in order to WSS with at least four prevent False Alarms;
(4l) calendar days notice in advance Contact SECOM Smart to arrange Decommissioning of the date Equipment on which termination or expiry of the Safety Services are required. Without prejudice Agreement;
(m) In all respects comply with the codes, standards, regulations and legislation relating to fire safety and buildings, including but not limited to maintaining a primary and secondary communication service in order to facilitate the transmission of Signals from and to the foregoing notice period, WSS may accept Orders from Customers with a shorter notice period but shall be under no obligation to do so. Any Orders are subject to acceptance Equipment and the CCC;
(n) Pay all costs imposed on it by WSS and WSS shall have no obligation to fulfil an Order submitted by Emergency Services in respect of attending the Customer unless the Order has already been accepted by WSS. Acceptance Site and/or arising out of an Order by WSS shall be indicated either in writing by WSS any False Alarms or by commencing the performance any act or omission of the relevant Safety Services Customer; and
(o) Indemnify and hold SECOM Smart and its Related Corporations harmless from any loss, damage, cost or expense that SECOM Smart or its Related Corporation may suffer and against all claims, demands, actions, suits and causes of action that may be made by WSS.
6.5 If an Order is placed by the Customer as an agent for a principal (disclosed any third party against SECOM Smart or undisclosed) then the Customer shall be jointly and severally liable with such principal for the payments of all amounts (including the Charges) due to WSS in connection with the performance its Related Corporation arising out of the Safety ServicesServices or the Agreement.
6.6 The Customer shall, at all times, comply with any warnings, instructions or safety rules provided to it by WSS from time to time.
6.7 The Customer shall, at all times, comply with, and apply best industry practice at all times in relation to storage, handling and use of all the Safety Equipment.
6.8 The Customer shall inform WSS and keep WSS informed of any applicable laws and regulations in connection with the performance or receipt of the Safety Services.
6.9 The Customer shall take all necessary steps to ensure that it is safe on board the vessels for WSS to perform the Safety Services.
Appears in 2 contracts
Samples: Secom Smart Decam Service Agreement, Secom Smart Decam Service Agreement
THE CUSTOMER’S OBLIGATIONS. 6.1 If requested by WSS, the 8.1 The Customer shall (within provide in a reasonable time period timely manner all material assistance, information and in any event no later than seven (7) calendar days in advance of WSS performing the Safety Services) supply all drawings, technical documents, data and specifications necessary records as Pack Smart Group Limited reasonably requires to allow WSS enable it to perform the Safety Services ("Documentation"). Following the receipt of and to ensure that such Documentation from the Customer, WSS may, in its sole discretion, delay the performance of the Safety Services if the Documentation contains requirements that involve additional preparation time (including, by way of an example only, a requirement for additional parts that need to be ordered in advance)information and records are complete and accurate.
6.2 Subject 8.2 Obtain all necessary licences and consents and comply with all relevant legislation in relation to Condition 2.3the Goods and the Services in all cases before the date on which the Services are to start;
8.3 Where Pack Smart Group Limited will be despatching Goods to End Users on Customer’s behalf, the Customer shall confirm in writing to WSS the agreed Service Port and agreed date for the Safety Services to be carried out for each relevant ship.
6.3 The Customer shall ensure that the relevant ship is available at the agreed Service Port and agreed date for the Safety Services Goods are delivered to Pack Smart Group Limited’s warehouse (such address to be carried outspecified in writing) by the delivery dates determined in the Quotation and schedules (if applicable).
6.4 The 8.4 Where the Customer is informed by Pack Smart Group Limited of any complaints it has received from End Users, in accordance with clause 7.2 above, Customer shall promptly deal with these complaints and shall indemnify Pack Smart Group Limited in relation thereto.
8.5 Where the Customer has agreed to provide any Orders exclusive or limited edition or signed or other unique Goods or offers or promotional goods or specially packaged items, the Customer guarantees that such Goods will be delivered to WSS Pack Smart Group Limited in suitable quantities and in accordance with at least four the delivery dates identified in the quotation and schedules (4) calendar days notice if applicable).
8.6 Any Goods supplied to Pack Smart Group Limited must be accompanied by appropriate documentation including listing contents where items are supplied in advance outer packaging. Pack Smart Group Limited reserves the right to open any item supplied in such manner to establish nature of Goods and ensure that such Goods are legal and where appropriate covered by Pack Smart Group Limited insurance. Pack Smart Group Limited will reseal original packaging.
8.7 Customer shall deliver all Products to Pack Smart Group Limited on consignment unless otherwise agreed in writing between Pack Smart Group Limited and the Customer.
8.8 If Pack Smart Group Limited’s performance of its obligations under these Terms and Conditions is prevented or delayed by any act or omission of the date on which the Safety Services are required. Without prejudice to the foregoing notice periodCustomer, WSS may accept Orders from Customers with a shorter notice period but its agents, subcontractors or employees, Pack Smart Group Limited shall not be under no obligation to do so. Any Orders are subject to acceptance by WSS and WSS shall have no obligation to fulfil an Order submitted liable for any costs, charges or losses sustained or incurred by the Customer unless the Order has already been accepted by WSS. Acceptance of an Order by WSS shall be indicated either in writing by WSS arising directly or by commencing the performance of the relevant Safety Services by WSSindirectly from such prevention or delay.
6.5 If an Order is placed by the Customer as an agent for a principal (disclosed or undisclosed) then the Customer shall be jointly and severally liable with such principal for the payments of all amounts (including the Charges) due to WSS in connection with the performance of the Safety Services.
6.6 The Customer shall, at all times, comply with any warnings, instructions or safety rules provided to it by WSS from time to time.
6.7 The Customer shall, at all times, comply with, and apply best industry practice at all times in relation to storage, handling and use of all the Safety Equipment.
6.8 The Customer shall inform WSS and keep WSS informed of any applicable laws and regulations in connection with the performance or receipt of the Safety Services.
6.9 The Customer shall take all necessary steps to ensure that it is safe on board the vessels for WSS to perform the Safety Services.
Appears in 1 contract
Samples: Sales Contracts
THE CUSTOMER’S OBLIGATIONS. 6.1 If requested by WSSSurvitec Safety Solutions, the Customer shall (within a reasonable time period and in any event no later than seven (7) calendar days in advance of WSS Survitec Safety Solutions performing the Safety Services) supply all drawings, technical documents, data and specifications necessary to allow WSS Survitec Safety Solutions to perform the Safety Services ("Documentation"). Following the receipt of such Documentation from the Customer, WSS Survitec Safety Solutions may, in its sole discretion, delay the performance of the Safety Services if the Documentation contains requirements that involve additional preparation time (including, by way of an example only, a requirement for additional parts that need to be ordered in advance).
6.2 Subject to Condition 2.3, the Customer shall confirm in writing to WSS Survitec Safety Solutions the agreed Service Port and agreed date for the Safety Services to be carried out for each relevant ship.
6.3 The Customer shall ensure that the relevant ship is available at the agreed Service Port and agreed date for the Safety Services to be carried out.
6.4 The Customer shall provide any Orders to WSS Survitec Safety Solutions with at least four (4) calendar days notice in advance of the date on which the Safety Services are required. Without prejudice to the foregoing notice period, WSS Survitec Safety Solutions may accept Orders from Customers with a shorter notice period but shall be under no obligation to do so. Any Orders are subject to acceptance by WSS Survitec Safety Solutions and WSS Survitec Safety Solutions shall have no obligation to fulfil an Order submitted by the Customer unless the Order has already been accepted by WSSSurvitec Safety Solutions. Acceptance of an Order by WSS Survitec Safety Solutions shall be indicated either in writing by WSS Survitec Safety Solutions or by commencing the performance of the relevant Safety Services by WSSSurvitec Safety Solutions.
6.5 If an Order is placed by the Customer as an agent for a principal (disclosed or undisclosed) then the Customer shall be jointly and severally liable with such principal for the payments of all amounts (including the Charges) due to WSS Survitec Safety Solutions in connection with the performance of the Safety Services.
6.6 The Customer shall, at all times, comply with any warnings, instructions or safety rules provided to it by WSS Survitec Safety Solutions from time to time.
6.7 The Customer shall, at all times, comply with, and apply best industry practice at all times in relation to storage, handling and use of all the Safety Equipment.
6.8 The Customer shall inform WSS Survitec Safety Solutions and keep WSS Survitec Safety Solutions informed of any applicable laws and regulations in connection with the performance or receipt of the Safety Services.
6.9 The Customer shall take all necessary steps to ensure that it is safe on board the vessels for WSS Survitec Safety Solutions to perform the Safety Services.
Appears in 1 contract
Samples: Standard Terms and Conditions for the Provision of Safety Services
THE CUSTOMER’S OBLIGATIONS. 6.1 If requested by WSS, the Customer shall (within a reasonable time period and in any event no later than seven (7) calendar days in advance of WSS performing the Safety Services) supply all drawings, technical documents, data and specifications necessary to allow WSS to perform the Safety Services ("Documentation"). Following the receipt of such Documentation from the Customer, WSS may, in its sole discretion, delay the performance of the Safety Services if the Documentation contains requirements that involve additional preparation time (including, by way of an example only, a requirement for additional parts that need to be ordered in advance).
6.2 Subject to Condition 2.3, the Customer shall confirm in writing to WSS the agreed Service Port and agreed date for the Safety Services to be carried out for each relevant ship.
6.3 3.1 The Customer shall ensure that the relevant ship will provide Inoapps (free of charge) such co-operation, information, facilities, materials and access as is available at the agreed Service Port and agreed date for the Safety Services to be carried out.
6.4 The Customer shall provide any Orders to WSS with at least four (4) calendar days notice in advance of the date on which the Safety Services are required. Without prejudice to the foregoing notice period, WSS may accept Orders from Customers with a shorter notice period but shall be under no obligation to do so. Any Orders are subject to acceptance by WSS and WSS shall have no obligation to fulfil an Order submitted by the Customer unless the Order has already been accepted by WSS. Acceptance of an Order by WSS shall be indicated either in writing by WSS or by commencing the performance of the relevant Safety Services by WSS.
6.5 If an Order is placed by the Customer as an agent for a principal (disclosed or undisclosed) then the Customer shall be jointly and severally liable with such principal for the payments of all amounts (including the Charges) due to WSS in connection with the performance of the Safety Services.
6.6 The Customer shall, at all times, comply with any warnings, instructions or safety rules provided to it by WSS reasonably required from time to time, for Inoapps to provide the Services as is expressly set forth in this Agreement and the Statement of Work.
6.7 3.2 The Customer shallagrees to make available to the Inoapps, at all times, comply with, and apply best industry practice at all times in relation access to storage, handling and use staff of all the Safety Equipment.
6.8 The Customer shall inform WSS and keep WSS informed of any applicable laws and regulations in connection who are familiar with the performance or receipt of Customer’s systems and software which will be subject to the Safety Services.
6.9 3.3 The Customer shall take all necessary steps reasonable precautions to ensure protect the health and safety of Inoapps employees, agents or sub contractors while at the Customer’s premises.
3.4 Customer shall not require that the Inoapps Personnel perform the Services at the Customer’s premises if to do so would endanger their safety in any way. If Customer is informed of any safety issue at a Customer’s premises it shall be responsible for rectifying the problem as soon as possible.
3.5 The Customer acknowledges that the Services are provided to the Customer in the course of the Customer's business and warrants that it has full power and authority to enter into this agreement.
3.6 The Customer agrees that it shall not use the Services, in a manner that is safe likely to:
(a) contravene any laws or regulations including, without limitation, the Computer Misuse Act 1990;
(b) compromise the security and/or integrity of the network or other systems including, but without limitation, introducing viruses or failing to employ appropriate security procedures (other than to the extent that such security procedures are specifically to be provided by Inoapps pursuant to the Services);
(c) involve the sending of unsolicited marketing or advertising materials;
(d) result in the transmission or storage of any material of a pornographic, obscene, defamatory, menacing or offensive nature or which would result in the breach of any third party's Intellectual Property Rights, Confidential Information or privacy;
(e) breach or cause Inoapps to breach any applicable data protection legislation including but not limited to the Data Protection Act 2018.
3.7 Where any work or Services are to be carried out at the CUSTOMER’s premises then the CUSTOMER shall, subject to compliance by INOAPPS personnel with CUSTOMER’s reasonable security requirements, allow INOAPPS sufficient access to the area(s) where Service(s) are to be performed and will provide suitable office accommodation and facilities for any INOAPPS staff working on board the vessels its premises as required for WSS INOAPPS to perform the Safety Services.
3.8 The Customer is responsible for the integrity of the data provided to Inoapps for, but not limited to, a migration and for data cleaning and for all direct consequences of any errors in such data and Inoapps will not warrant the integrity of that data. Inoapps does not warrant the integrity of the data following, but not limited to, a migration to the extent of any error that is the Customer’s responsibility.
3.9 Inoapps shall promptly notify the Customer in writing of any delay or failure on the part of the Customer which Inoapps considers will or is likely to impact on the ability of Inoapps to comply with its obligations under this Agreement, at a frequency to be determined by the Project Managers at the commencement of the Project..
3.10 The Customer shall nominate a duly skilled, competent and empowered representative to liaise and manage the relationship envisaged by this Agreement.
Appears in 1 contract
Samples: Cloud Services Agreement
THE CUSTOMER’S OBLIGATIONS. 6.1 If requested by WSS, 8.1 It is the Customer’s responsibility to ensure that:
8.1.1 the Customer co-operates with Talisman Innovations in all matters relating to the Services;
8.1.2 the Customer provides Talisman Innovations, Talisman Innovations’ employees, agents, consultants and subcontractors, with access to the Customer System, Customer premises, office accommodation and other facilities as Talisman Innovations may reasonably require in order to provide the Services in accordance with the agreement;
8.1.3 the Customer provides Talisman Innovations with such information and materials Talisman Innovations may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all respects;
8.1.4 the Customer complies with all applicable laws and regulations (including all applicable technology control or export laws and regulations) with respect to the Customer’s activities under the agreement;
8.1.5 carry out all other Customer responsibilities set out in the agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, Talisman Innovations may adjust any agreed timetable or delivery schedule as reasonably necessary;
8.1.6 ensure that the Users use the Services, Results and the Documentation in accordance with the terms and conditions of the agreement and shall be responsible for any User's failure to comply with the terms of the agreement applicable to such User;
8.1.7 obtain and shall maintain all necessary licences, consents, and permissions necessary for Talisman Innovations, its contractors and agents to perform their obligations under the agreement, including without limitation the Services;
8.1.8 ensure that its network and systems comply with the relevant specifications provided by Talisman Innovations from time to time; and
8.1.9 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to TIs data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet.
8.2 The Customer warrants that:
8.2.1 it has the authority to grant any rights to be granted to Talisman Innovations under the agreement including Customer Information supplied by the Customer to Talisman Innovations for use in the provision of the Services;
8.2.2 it is the owner or authorised licensee of the Customer Information
8.2.3 Talisman Innovations’ use in the provision of the Services of any Customer Information or other third-party materials supplied by the Customer to Talisman Innovations for use in the provision of the Services shall not cause Talisman Innovations to infringe the rights, including any Intellectual Property Rights, of any third party.
8.3 Talisman Innovations shall be entitled to rely upon the specification and any advice given by the Customer (within a reasonable time period its employees, directors, agents and sub-contractors) (in any event no later than seven (7relation to the suitability of the Services for meeting the Customer's requirements) calendar days such that to the extent that the Services comply with such specification and or such advice then Talisman Innovations shall be deemed to have supplied the same in advance of WSS performing accordance with the Safety Services) supply all drawings, technical documents, data and specifications necessary to allow WSS agreement.
8.4 If Talisman Innovations’ ability to perform the Safety Services is prevented or delayed by any failure by the Customer to fulfil any obligation listed in clause 8.1 ("Documentation"). Following Customer Default):
8.4.1 Talisman Innovations will be entitled to suspend performance of the receipt of such Documentation Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve Talisman Innovations from the Customer, WSS may, in its sole discretion, delay the performance of the Safety Services if Services, in each case to the Documentation contains requirements that involve additional preparation time (including, by way of an example only, a requirement for additional parts that need to be ordered in advance).
6.2 Subject to Condition 2.3, extent the Customer shall confirm in writing to WSS the agreed Service Port and agreed date for the Safety Services to be carried out for each relevant ship.
6.3 The Customer shall ensure that the relevant ship is available at the agreed Service Port and agreed date for the Safety Services to be carried out.
6.4 The Customer shall provide any Orders to WSS with at least four (4) calendar days notice in advance of the date on which the Safety Services are required. Without prejudice to the foregoing notice period, WSS may accept Orders from Customers with a shorter notice period but shall be under no obligation to do so. Any Orders are subject to acceptance by WSS and WSS shall have no obligation to fulfil an Order submitted by the Customer unless the Order has already been accepted by WSS. Acceptance of an Order by WSS shall be indicated either in writing by WSS Default prevents or by commencing the delays performance of the relevant Safety Services by WSS.
6.5 If an Order is placed by Services. In certain circumstances the Customer as an agent Default may entitle Talisman Innovations to terminate the agreement under clause 14.1 (Termination);
8.4.2 Talisman Innovations will not be responsible for a principal (disclosed any costs or undisclosed) then losses the Customer shall be jointly and severally liable with such principal for the payments of all amounts (including the Charges) due to WSS in connection with the performance of the Safety Services.
6.6 The Customer shall, at all times, comply with any warnings, instructions sustains or safety rules provided to it by WSS incurs arising directly or indirectly from time to time.
6.7 The Customer shall, at all times, comply with, and apply best industry practice at all times in relation to storage, handling and use of all the Safety Equipment.
6.8 The Customer shall inform WSS and keep WSS informed of any applicable laws and regulations in connection with the performance Talisman Innovations’ failure or receipt of the Safety Services.
6.9 The Customer shall take all necessary steps to ensure that it is safe on board the vessels for WSS delay to perform the Safety Services; and
8.4.3 it will be the Customer’s responsibility to reimburse Talisman Innovations on written demand for any costs or losses Talisman Innovations sustains or incurs arising directly or indirectly from the Customer Default.
Appears in 1 contract
Samples: Tide Platform Services Agreement
THE CUSTOMER’S OBLIGATIONS. 6.1 If 4.1 The Customer shall be responsible for the following matters at its own cost:
4.1.1 providing all information and drawings requested by WSSthe Company’s Authorised Person in connection with the carrying out of the Connection Works;
4.1.2 all work necessary to make the Site ready for the Connection Services to commence in accordance with the Indicative Programme specified in Schedule 1 including (without limitation) erection of Street Furniture, demolition, ducting, excavation in accordance with the Minimum Joint Bay Requirements, provision of accommodation for service termination, road crossings, making good, boring holes through walls to accommodate cables, trunking etc. and certification of completion of relevant items of Street Furniture in such form as is reasonably acceptable to the Company;
4.1.3 obtaining and granting all necessary consents, licences, permissions (including, without limitation, planning permission and where appropriate listed building consent) and all other approvals, statutory or otherwise required for the lawful carrying out of the Connection Services;
4.1.4 compliance with the provisions of the NRSWA and Traffic Management Act 2004 including the provision of opening notices, where applicable;
4.1.5 for each Site, as a minimum the Customer shall (within a reasonable time period provide the traffic management notified to it in writing by the Company’s Authorised Representative. If the Customer considers that different traffic management and in any event no later than seven (7) calendar days in advance of WSS performing working from height measures may be required from those requested by the Safety Services) supply all drawings, technical documents, data and specifications necessary to allow WSS to perform the Safety Services ("Documentation"). Following the receipt of such Documentation from the Customer, WSS may, in its sole discretion, delay Company’s Authorised Representative it shall suspend the performance of the Safety relevant Connection Services if until it has agreed the Documentation contains appropriate traffic management and working from height requirements that involve additional preparation time with the Company’s Authorised Representative and implemented the same;
4.1.6 obtaining all access reasonably necessary to and at the Site for the Jointing Teams and the Company’s other personnel, sub-contractors, vehicles and equipment as reasonably necessary and such parking for the Company’s mobile workshops as the Company shall deem necessary, which shall not be unreasonable or impractical; and
4.1.7 the day-to-day management of the Site;
4.1.8 providing throughout the term and at no cost to the Company, offices, office facilities (includingincluding telephones) and storage space, by way of an example only, a requirement including secure storage space for additional parts that need jointing accessories and cables described in Schedule 1 at locations to be ordered in advance)agreed with the Company. The Company and/or its contractors will provide their own IT equipment. However, if specific IT equipment and/or software is required to fit with the Customer’s methods of working or requirements the Company may vary the Service Charge accordingly.
6.2 Subject to Condition 2.3, the Customer shall confirm in writing to WSS the agreed Service Port and agreed date for the Safety Services to be carried out for each relevant ship.
6.3 4.1.9 The Customer shall ensure that all products and materials provided and/or installed by the Customer conform with the Company’s policies as set out at xxxx://xxxxxxx.xxxxxxxxxxxxxxx.xx.xx/library/en/g81/ or, where no Company policy exists, with relevant ship is available British or European Union Standards or Codes of Practice or which at the agreed Service Port and agreed date for time of use are widely known to contractors within the Safety Services European Union not to be carried outdeleterious to health and safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used.
6.4 4.1.10 The Customer shall provide any Orders to WSS with at least four (4) calendar days notice ensure that all ducts and cables are installed, and reinstatement carried out, in advance of the date on which the Safety Services are required. Without prejudice to the foregoing notice period, WSS may accept Orders from Customers with a shorter notice period but shall be under no obligation to do so. Any Orders are subject to acceptance by WSS and WSS shall have no obligation to fulfil an Order submitted by the Customer unless the Order has already been accepted by WSS. Acceptance of an Order by WSS shall be indicated either in writing by WSS or by commencing the performance of the relevant Safety Services by WSS.
6.5 If an Order is placed by the Customer as an agent for a principal (disclosed or undisclosed) then the Customer shall be jointly and severally liable with such principal for the payments of all amounts (including the Charges) due to WSS in connection accordance with the performance Company’s Engineering Document ECS 02-0019 Installation of the Safety Services.
6.6 The Customer shall, Underground Cables – LV to 132kV that can be found at all times, comply with any warnings, instructions or safety rules provided to it by WSS from time to time.
6.7 The Customer shall, at all times, comply with, and apply best industry practice at all times in relation to storage, handling and use of all the Safety Equipment.
6.8 The Customer shall inform WSS and keep WSS informed of any applicable laws and regulations in connection with the performance or receipt of the Safety Services.
6.9 The Customer shall take all necessary steps to ensure that it is safe on board the vessels for WSS to perform the Safety Services.within our G81 design standards library here xxxx://xxxxxxx.xxxxxxxxxxxxxxx.xx.xx/library/en/g81/
Appears in 1 contract
Samples: Jointing Teams Agreement