Common use of Tool List and Adding of FM Tools Clause in Contracts

Tool List and Adding of FM Tools. FM Tools covered by this Agreement are listed in the “Tool List”. The Tool List shall be modified when FM Tools are added, removed, or exchanged. • To add new FM Tools to the Tool List, Customer places a respective order to Hilti. An individual contract for the ordered FM Tools (“Tool Contract”) is concluded upon Customer’s receipt of Hilti’s order confirmation. • Each Tool Contract is subject to the terms of this Agreement and defines (i) the duration of the Tool Contract for which the respective FM Tool and FM Services will be provided to Customer (“Tool Period”) and (ii) the monthly fleet fee payable by Customer for the respective FM Tool (“Monthly Fleet Fee”). • For new FM Tools, the then current terms and prices at the time the Tool Contract is concluded, are applicable. • The Customer may obtain a then current Tool List setting out Customer’s FM Tools, the respective Tool Periods and Monthly Fleet Fees via its Hilti Website account. • If Customer does not dispute in writing, a FM Tool added to or removed from the Tool List within 30 days after receipt of the first invoice reflecting such, Customer shall be deemed to have accepted, and shall not dispute, the addition/removal, including the associated Tool Period and Monthly Fleet Fee. • The initial Tool Period can be extended only as described in clause 8 in which case the Tool Period will be updated accordingly in the Tool List. An early termination of Tool Contracts by Customer is not possible. • Hilti may require a deposit to be paid by the Customer as a condition precedent to this Agreement and/or any addition of FM Tools (“Deposit”). The amount, duration and repayment of such deposit will be agreed by the parties. If all Tool Contracts associated with a Deposit have terminated, if the Deposit has not been forfeited and if Customer is not in breach of this Agreement, Hilti shall return the Deposit to Customer. However, Hilti is entitled at any time to use the Deposit in order to cover any outstanding obligations by Customer under this Agreement. No interest shall accrue to Customer’s benefit, or be paid to Customer, based on Hilti’s Time and place for the delivery and pick-up of FM Tools and PTP Tools shall be as agreed between the parties. Delivery is only possible within the country of Hilti’s place of business. Customer needs to ensure that a Customer contact person responsible to confirm delivery is available. Any delivery and/or pick-up times are estimates only and Hilti does not assume any liability in this regard.

Appears in 2 contracts

Samples: Fleet Management Framework Agreement, Fleet Management Framework Agreement

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Tool List and Adding of FM Tools. FM Tools covered by this Agreement are listed in the “Tool List”. The Tool List shall be modified when FM Tools are added, removed, or exchanged. • To add new FM Tools to the Tool List, Customer places a respective order to Hilti. An individual contract for the ordered FM Tools (“Tool Contract”) is concluded upon Customer’s receipt of Hilti’s order confirmation. • Each Tool Contract is subject to the terms of this Agreement and defines (i) the duration of the Tool Contract for which the respective FM Tool and FM Services will be provided to Customer (“Tool Period”) and (ii) the monthly fleet fee payable by Customer for the respective FM Tool (“Monthly Fleet Fee”). • For new FM Tools, the then current terms and prices at the time the Tool Contract is concluded, are applicable. applicable.‌ • The Customer may obtain a then current Tool List setting out Customer’s FM Tools, the respective Tool Periods and Monthly Fleet Fees via its Hilti Website account. • If Customer does not dispute in writing, a FM Tool added to or removed from the Tool List within 30 days after receipt of the first invoice reflecting such, Customer shall be deemed to have accepted, and shall not dispute, the addition/removal, including the associated Tool Period and Monthly Fleet Fee. • The initial Tool Period can be extended only as described in clause 8 in which case the Tool Period will be updated accordingly in the Tool List. An early termination of Tool Contracts by Customer is not possible. • Hilti may require a deposit to be paid by the Customer as a condition precedent to this Agreement and/or any addition of FM Tools (“Deposit”). The amount, duration and repayment of such deposit will be agreed by the parties. If all Tool Contracts associated with a Deposit have terminated, if the Deposit has not been forfeited and if Customer is not in breach of this Agreement, Hilti shall return the Deposit to Customer. However, Hilti is entitled at any time to use the Deposit in order to cover any outstanding obligations by Customer under this Agreement. No interest shall accrue to Customer’s benefit, or be paid to Customer, based on Hilti’s Time receipt and place for control of the delivery and pick-up of FM Tools and PTP Tools shall be as agreed between the parties. Delivery is only possible within the country of Hilti’s place of business. Customer needs to ensure that a Customer contact person responsible to confirm delivery is available. Any delivery and/or pick-up times are estimates only Deposit; and Hilti does not assume may commingle any liability in this regardDeposit with any other funds.

Appears in 1 contract

Samples: Fleet Management Framework Agreement

Tool List and Adding of FM Tools. FM Tools covered by this Agreement are listed in the “Tool List”. The Tool List shall be modified when FM Tools are added, removed, or exchanged. • To add new FM Tools to the Tool List, Customer places a respective order to Hilti. An individual contract for the ordered FM Tools (“Tool Contract”) is concluded upon Customer’s receipt of Hilti’s order confirmation. • Each Tool Contract is subject to the terms of this Agreement and defines (i) the duration of the Tool Contract for which the respective FM Tool and FM Services will be provided to Customer (“Tool Period”) and (ii) the monthly fleet fee payable by Customer for the respective FM Tool (“Monthly Fleet Fee”). • For new FM Tools, the then current terms and prices at the time the Tool Contract is concluded, are applicable. • The Customer may obtain a then current Tool List setting out Customer’s FM Tools, the respective Tool Periods and Monthly Fleet Fees via its Hilti Website account. • If Customer does not dispute in writing, a FM Tool added to or removed from the Tool List within 30 days after receipt of the first invoice reflecting such, Customer shall be deemed to have accepted, and shall not dispute, the addition/removal, including the associated Tool Period and Monthly Fleet Fee. • The initial Tool Period can be extended only as described in clause 8 in which case the Tool Period will be updated accordingly in the Tool List. An early termination of Tool Contracts by Customer is not possible. • Hilti may require a deposit to be paid by the Customer as a condition precedent to this Agreement and/or any addition of FM Tools (“Deposit”). The amount, duration and repayment of such deposit will be agreed by the parties. If all Tool Contracts associated with a Deposit have terminated, if the Deposit has not been forfeited and if Customer is not in breach of this Agreement, Hilti shall return the Deposit to Customer. However, Hilti is entitled at any time to use the Deposit in order to cover any outstanding obligations by Customer under this Agreement. No interest shall accrue to Customer’s benefit, or be paid to Customer, based on Hilti’s Time receipt and place for control of the delivery and pick-up of FM Tools and PTP Tools shall be as agreed between the parties. Delivery is only possible within the country of Hilti’s place of business. Customer needs to ensure that a Customer contact person responsible to confirm delivery is available. Any delivery and/or pick-up times are estimates only Deposit; and Hilti does not assume may commingle any liability in this regard.Deposit with any other funds. •

Appears in 1 contract

Samples: Fleet Management Framework Agreement

Tool List and Adding of FM Tools. FM Tools covered by this Agreement are listed in the “Tool List”. The Tool List shall be modified when FM Tools are added, removed, or exchanged. To add new FM Tools to the Tool List, Customer places a respective order to Hilti. An individual contract for the ordered FM Tools (“Tool Contract”) is concluded upon Customer’s receipt of Hilti’s order confirmation. Each Tool Contract is subject to the terms of this Agreement and defines (i) the duration of the Tool Contract for which the respective FM Tool and FM Services will be provided to Customer (“Tool Period”) and (ii) the monthly fleet fee payable by Customer for the respective FM Tool (“Monthly Fleet Fee”). For new FM Tools, the then current terms and prices at the time the Tool Contract is concluded, are applicable. The Customer may obtain a then current Tool List setting out Customer’s FM Tools, the respective Tool Periods and Monthly Fleet Fees via its Hilti Website account. If Customer does not dispute in writing, a FM Tool added to or removed from the Tool List within 30 days after receipt of the first invoice reflecting such, Customer shall be deemed to have accepted, and shall not dispute, the addition/removal, including the associated Tool Period and Monthly Fleet Fee. The initial Tool Period can be extended only as described in clause 8 in which case the Tool Period will be updated accordingly in the Tool List. An early termination of Tool Contracts by Customer is not possible. Hilti may require a deposit to be paid by the Customer as a condition precedent to this Agreement and/or any addition of FM Tools (“Deposit”). The amount, duration and repayment of such deposit will be agreed by the parties. If all Tool Contracts associated with a Deposit have terminated, if the Deposit has not been forfeited and if Customer is not in breach of this Agreement, Hilti shall return the Deposit to Customer. However, Hilti is entitled at any time to use the Deposit in order to cover any outstanding obligations by Customer under this Agreement. No interest shall accrue to Customer’s benefit, or be paid to Customer, based on Hilti’s Time and place for the delivery and pick-up of FM Tools and PTP Tools shall be as agreed between the parties. Delivery is only possible within the country of Hilti’s place of business. Customer needs to ensure that a Customer contact person responsible to confirm delivery is available. Any delivery and/or pick-up times are estimates only and Hilti does not assume any liability in this regard.

Appears in 1 contract

Samples: Fleet Management Framework Agreement

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Tool List and Adding of FM Tools. FM Tools covered by this Agreement are listed in the “Tool List”. The Tool List shall be modified when FM Tools are added, removed, or exchanged. • To add new FM Tools to the Tool List, Customer places a respective order to Hilti. An individual contract for the ordered FM Tools (“Tool Contract”) is concluded upon Customer’s receipt of Hilti’s order confirmation. • Each Tool Contract is subject to the terms of this Agreement and defines (i) the duration of the Tool Contract for which the respective FM Tool and FM Services will be provided to Customer (“Tool Period”) and (ii) the monthly fleet fee payable by Customer for the respective FM Tool (“Monthly Fleet Fee”). • For new FM Tools, the then current terms and prices at the time the Tool Contract is concluded, are applicable. • The Customer may obtain a then current Tool List setting out Customer’s FM Tools, the respective Tool Periods and Monthly Fleet Fees via its Hilti Website account. • If Customer does not dispute in writing, a FM Tool added to or removed from the Tool List within 30 days after receipt of the first invoice reflecting such, Customer shall be deemed to have accepted, and shall not dispute, the addition/removal, including the associated Tool Period and Monthly Fleet Fee. • The initial Tool Period can be extended only as described in clause 8 in which case the Tool Period will be updated accordingly in the Tool List. An early termination of Tool Contracts by Customer is not possible. • Hilti may require a deposit to be paid by the Customer as a condition precedent to this Agreement and/or any addition of FM Tools (“Deposit”). The amount, duration and repayment of such deposit will be agreed by the parties. If all Tool Contracts associated with a Deposit have terminated, if the Deposit has not been forfeited and if Customer is not in breach of this Agreement, Hilti shall return the Deposit to Customer. However, Hilti is entitled at any time to use the Deposit in order to cover any outstanding obligations by Customer under this Agreement. No interest shall accrue to Customer’s benefit, or be paid to Customer, based on Hilti’s Time receipt and place for control of the delivery and pick-up of FM Tools and PTP Tools shall be as agreed between the parties. Delivery is only possible within the country of Hilti’s place of business. Customer needs to ensure that a Customer contact person responsible to confirm delivery is available. Any delivery and/or pick-up times are estimates only Deposit; and Hilti does not assume may commingle any liability in this regardDeposit with any other funds.

Appears in 1 contract

Samples: Fleet Management Framework Agreement

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