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The manufacturer wishes to loan certain equipment to User in consideration of benefits
accruing to the manufacturer as a result of such User through facilitating services,
generating sales, software porting or other activities
1. LOANED PRODUCTS
1.1 The Users shall be lent, free of charge, the product (s) referred to in the Schedule
hereto ( the "Loaned Products" ).
1.2 The Loaned products shall be used in accordance with the applicable
specifications from the manufacturer, solely for the purpose (s) [of developing, testing,
evaluating and/or demonstrating the Loaned Products ] at the address stated in the
Schedule or such other address as may be agreed by the equipment manufacturer in
writing. The Loaned Products may not be modified without the manufacturer's prior
written consent.
1.3 Any software in the Loaned Products shall be licensed from the manufacturer
under the manufacturer's standard software license terms or such other license terms as
manufacturer includes with the Loaned Products
1.4 The Loaned Products shall be delivered to the [above mentioned User address]
[address stated in the schedule]. Unless otherwise agreed, all transportation and
insurance charges relating to the delivery shall be borne by the equipment
manufacturer.
2. LOAN PERIOD , TERMINATION
2.1 The Loaned Product shall be provided to User for the agreed period (in the "Loan
Period")
2.2 User may terminate the Loan period up to 24 hours written notice, at any time
prior to the expiry of the Loan Period
2.3 When an overriding business requirement arises, the manufacturer may terminate
this Loan Agreement upon 24hours written notice at any time prior to the expiry of the
Loan period
3. TITLE AND RISK
3.1 The manufacturer shall retain title in the Loaned products. User shall not part with
possession or any interest in the Loaned Products without the manufacturer's prior,
written consent
3.2 User shall be responsible for all risk of loss or damage to the Loaned Products
until their return to the equipment manufacturer
3.3 In the event of total loss of the Loaned Products, user will reimburse to the
equipment manufacturer the value of the Loaned Products as per the manufacturer's
current price list
3.4 In the event of damage ,any Loaned products may only be repaired by the
manufacturer and User will pay to the manufacturer the cost of such repair.
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4. CARE AND MAINTENANCE AUDIT
4.1 User shall take reasonable care of the Loaned Products and inform the
manufacturer immediately of any loss or damage, defect or malfunction. The
manufacturer shall not be obliged to replace lost or damaged Loaned Products.
4.2 Unless stipulated to the contrary, the manufacturer will be responsible for
providing hardware and software support for the Equipment on the manufacturer's
terms during the Loan. The user will not do or omit anything which may invalidate the
manufacturer's support.
5. INSURANCE
User shall ensure that the Loaned Products are included in its normal insurance
cover and the manufacturer reserves the right at its discretion to require evidence of
such insurance. Until their return to the manufacturer, User shall insure the Loaned
Products for the value specified in the schedule against all loss or damage howsoever
caused. The manufacturer's interest in the Loaned Products shall be recorded by an
endorsement on each insurance policy specifying the equipment manufacturer as loss
payee in the event of a total loss.
6. DISCLAIMER INDEMNITY
The equipment manufacturer gives no warranty or merchantability or fitness for
any purpose in repect of the Loaned Products. The manufacturer shall not be liable for
any loss or damage arising out out of or in connection with this Agreement or with the
possession, use or performance of the Loaned products except for personal injury or
damage to property not exceeding £100,000.
7. RETURN OF LOANED PRODUCTS
7.1 The manufacurer's Agent will collect the Product (s) at a mutually convenient
time at the end of the Loan Period.
7.2 In the event that the Loaned Products are not returned at the due time, the
manufacturer shall be entitled at its discretion (a) to recover possession of Loaned
products
or (b) to recover their value as stated in the Schedule and / or (c) to recover a
hiring charge for each month and prorate until Loaned products are returned or their
value is recovered.
8 NOTICES
All notices required to be given under this Agreement shall be in writing and
shall be delivered by hand or sent by recorded delivery or facsimile to the relevant
address stated on the first page of this agreement
9. ACCEPTANCE
Acceptance of these Terms and Conditions will be assumed once the customer
takes delivery of the product or returns product to ADL within 24hrs of receipt.
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