Installation of Hardware. 4.1 Upon the successful completion of a Site Survey of a particular Site being undertaken, Reseller shall at the request of the Customer make arrangements for the installation of the Hardware at the Site nominated by the Customer and agreed to by Reseller. 4.2 Reseller will use all reasonable endeavours to have the Hardware installed on or around the agreed installation date, but will not be liable for any loss or damage in failing to do so. 4.3 The Customer is liable for all costs involved in and associated with the installation of any Hardware at the Customer’s premises. Wherever possible, Reseller will advise the Customer of the estimated cost of installing the Hardware prior to undertaking the installation. Where this is not possible or practicable, the Customer agrees to pay the reasonable costs of Reseller incurred in the installation of the Hardware. 4.4 All efforts will be made by Reseller to consult with the Customer in relation to the positioning of the Hardware, however Reseller and/or any agent or technicians or supplier engaged by Reseller will make the final decision on the positioning of the Hardware. The Customer must provide a safe environment for the installation, maintenance and removal of any Hardware. 4.5 The Customer must provide Reseller with evidence that the Customer is the owner of the premises or Site where the installation of the Hardware is to take place and where the Customer is not the owner of the premises or Site, the Customer must provide Reseller with written evidence from the Customer that the owner or landlord of the premises or Site has consented to the work and installation being carried out by Reseller or its agent. The Customer indemnifies Reseller against any loss or damage Reseller incurs and/or indemnifies Reseller against any claim Reseller may suffer in the event the lawful consent of the owner of the Site had not been obtained in order to install the Hardware. 4.6 Link and Reseller as the case may be at all times retains full right, title and interest to and in the Hardware installed. 4.7 The Customer must not, and must ensure that any other person does not, interfere with the Hardware installed without the express written consent of Reseller or of Link as appropriate. The Customer indemnifies Reseller and Link against any loss or damage suffered by Reseller or Link caused by unlawful interference with the Hardware by Customer or by anyone acting on their behalf or under their direction. 4.8 Where the Hardware is affixed, attached or secured to land or premises, the Hardware shall be deemed not to be a fixture and may be removed by Reseller or Link as appropriate at any time in accordance with the or any other Agreement. 4.9 The Customer acknowledges that Hardware installed at a Site may require maintenance from time to time and that the costs of such maintenance may be payable by the Customer depending on the nature of the maintenance required. 4.10 The Customer agrees to keep all Hardware in the same condition as at the date of installation (except for fair wear and tear), not sell the Hardware or any part thereof, not give possession of Hardware to any other person and not attempt to give any interest in such Hardware as security for any purpose. 4.11 If Reseller reasonably believes that there are circumstances which exist or which are likely to exist where its interests in the Hardware may be adversely affected, then Reseller is at liberty to take, or have its nominated agent take, or request that all Hardware immediately be returned to its possession and shall subsequently be entitled to terminate the Agreement and if there is any delay in the return of the Hardware (whether or not it is caused by the Customer) then Reseller may charge reasonable fees for the non‐return of the Hardware at the discretion of Reseller through its normal billing procedure.
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Installation of Hardware. 4.1 Upon the successful completion of a Site Survey of a particular Site being undertaken, Reseller shall at the request of the Customer make arrangements for the installation of the Hardware at the Site nominated by the Customer and agreed to by Reseller.
4.2 Reseller will use all reasonable endeavours to have the Hardware installed on or around the agreed installation date, but will not be liable for any loss or damage in failing to do so.
4.3 The Customer is liable for all costs involved in and associated with the installation of any Hardware at the Customer’s premises. Wherever possible, Reseller will advise the Customer of the estimated cost of installing the Hardware prior to undertaking the installation. Where this is not possible or practicable, the Customer agrees to pay the reasonable costs of Reseller incurred in the installation of the Hardware.
4.4 All efforts will be made by Reseller to consult with the Customer in relation to the positioning of the Hardware, however Reseller and/or any agent or technicians or supplier engaged by Reseller will make the final decision on the positioning of the Hardware. The Customer must provide a safe environment for the installation, maintenance and removal of any Hardware.
4.5 The Customer must provide Reseller with evidence that the Customer is the owner of the premises or Site where the installation of the Hardware is to take place and where the Customer is not the owner of the premises or Site, the Customer must provide Reseller with written evidence from the Customer that the owner or landlord of the premises or Site has consented to the work and installation being carried out by Reseller or its agent. The Customer indemnifies Reseller against any loss or damage Reseller incurs and/or indemnifies Reseller against any claim Reseller may suffer in the event the lawful consent of the owner of the Site had not been obtained in order to install the Hardware.
4.6 Link and Reseller as the case may be at all times retains full right, title and interest to and in the Hardware installed.
4.7 The Customer must not, and must ensure that any other person does not, interfere with the Hardware installed without the express written consent of Reseller or of Link as appropriate. The Customer indemnifies Reseller and Link against any loss or damage suffered by Reseller or Link caused by unlawful interference with the Hardware by Customer or by anyone acting on their behalf or under their direction.
4.8 Where the Hardware is affixed, attached or secured to land or premises, the Hardware shall be deemed not to be a fixture and may be removed by Reseller or Link as appropriate at any time in accordance with the or any other Agreement.
4.9 The Customer acknowledges that Hardware installed at a Site may require maintenance from time to time and that the costs of such maintenance may be payable by the Customer depending on the nature of the maintenance required.
4.10 The Customer agrees to keep all Hardware in the same condition as at the date of installation (except for fair wear and tear), not sell the Hardware or any part thereof, not give possession of Hardware to any other person and not attempt to give any interest in such Hardware as security for any purpose.
4.11 If Reseller reasonably believes that there are circumstances which exist or which are likely to exist where its interests in the Hardware may be adversely affected, then Reseller is at liberty to take, or have its nominated agent take, or request that all Hardware immediately be returned to its possession and shall subsequently be entitled to terminate the Agreement and if there is any delay in the return of the Hardware (whether or not it is caused by the Customer) then Reseller may charge reasonable fees for the non‐return non-return of the Hardware at the discretion of Reseller through its normal billing procedure.
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