Hardware Delivery and Acceptance Agreement
| Updated at | March 2010 |
This Agreement made at................ on this.... day of........ 20...
BETWEEN
...................................(Name of Individual or entity)residing at / having its registered office at................................ (hereinafter referred to as the "PURCHASER") which expression shall unless it be repugnant to the context be deemed to include its successors and assignees
AND
...................................... A Public Limited Company/ a Private Limited Company/ a registered Partnership firm/an individual whose registered office or office is at........ (hereinafter referred to as "COMPANY") which expression shall unless it be repugnant to the extent be deemed to include its successors and assignees.
WHEREAS the PURCHASER has approached the COMPANY for purchase of computer hardware equipment as mentioned in this contract.
WHEREAS the COMPANY agrees to sell hardware equipment and agrees to deliver such equipment to the PURCHASER.
NOW THEREFORE, in consideration of the mutual covenants and obligations by the parties thereto, it is agreed as follows
Definitions
In the Agreement, unless context otherwise requires, the word or expression in question carries the following meaning:
(i)
Acceptance Date: means the dare on which the Purchaser accepts the equipment.
(ii)
Confederate: means, in relation to the Purchaser, another person, firm or company which either directly or indirectly controls the affairs of the business or having empowered to do so either by the applicable statute or by the relevant clauses of the pertinent agreement.
(iii) Restricted Information: means all business technical, financial or other information created or exchanged between the parties and any other information which the parties to the contract treat as restricted or confidential;
(iv)
Subject Matter: means the computer hardware equipment as agreed and identified by the parties to the contract;
(v)
Delivery Date: means the delivery date specified in Schedule...or such date as may be granted or agreed to by the parties to the contract;
(vi)
Equipment: means the items of hardware identified by the nature (as popularly and commercially understood), brand type, serial number and price in the Schedule;
(vii) Appropriate Hardware: means the predetermined hardware along with the required documentation meeting the specifications as stated in the Schedule;
(viii) Operative Specifications: means the Operative Specifications in accordance with which the hardware is to be assembled and as detailed in the manual.
(ix)
Tailored Hardware: means either the existing or invoiced hardware modified or customised to meet the specifications as stated in the Schedule;
(x)
Place of Use: means the site at which the Purchaser intends to install and operate and use the computer Hardware equipment;
(xi)
Budget: means the budget giving all the relevant details as to quality, quantity and projected cost etc., to be prepared and agreed for each Budget Year;
(xii) Budget Year: means each period of 12 months or less in the event of a termination during the enforceable period of the agreement;
(xiii) Electronic Record [s]: means all information concerning this Agreement that is stored in the electronic form either in a PC or floppy or CD or any other comparable medium in which such record can be stored in the electronic form;
(xiv) Documentation: means in this context, the related manuals and other material associated with the Computer Hardware;
(xv) Place of Use: means the site at which the Purchaser intends to install and operate the Hardware equipment.
Acceptance, Rights and Obligations
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Delivery
(a)
The Company shall invoke all reasonable measures at its disposal or otherwise, to deliver the Equipment and Documentation to the Place of Use on the Delivery Date or as soon as subsequently possible.
(b)
Both the parties shall agree upon the mode of delivery of the Equipment and related documentation.
(c)
The Company shall give the Purchaser not less than.... days notice of the Actual Delivery Date.
(d)
At delivery the Purchaser shall make available to the Company free of charge such labour and equipment as the Company shall have previously specified in writing and which it shall reasonably require to perform its duties under this agreement.
(e)
If the Company shall fail to deliver the Equipment and Documentation within...days of the Delivery Date the Purchaser shall be entitled either:
(i)
Without bias to any other rights or remedies it may have under this agreement or under law to terminate immediately this agreement by giving..days notice to the Company; or
(ii)
After consultation with the Company to specify by notice to the Company such revised delivery date as it snail in its reasonable opinion think fit making time of the essence.
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Installation and acceptance
(a)
The Company shall commence installation of the Equipment at the Place of Use on the Actual Delivery Date and shall inform the Purchaser when such installation is completed.
(b)
The Purchaser shall complete the preparation or alteration of the Place of Use in accordance with the Installation Manuals...
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