Schedule 6 — Technology & Devices

Schedule 6 – Technology & Devices

(to be read in conjunction with the Master Terms and Conditions)

1. Definitions

1.1 Terms defined in the Master Terms shall have the same meaning in this Schedule.
1.2 In addition:

“Certificate” means a certificate of secure data sanitisation or destruction issued by technologE’s approved disposal subcontractor.

“Data-Bearing Device” means any device or component containing or capable of containing Personal Data.

“Delivery” means the point at which the Equipment is made available at the Customer’s premises or handed to the Customer’s nominated carrier.

“Disposal Services” means the secure disposal, recycling, data sanitisation and/or destruction services described in section 10 of this Schedule.

“Equipment” means any handsets, devices, hardware, accessories, chargers, packaging, or other tangible goods supplied by technologE under an Order Form.

“Equipment Charges” means the purchase price payable by the Customer for the Equipment as set out in the Order Form and/or Price List.

“Manufacturer’s Warranty” means the standard warranty provided by the manufacturer of the Equipment.

“Non-Return Charge” means a charge equal to the replacement cost of the Equipment if the Customer refuses or fails to accept delivery without good cause.

“DOA (Dead on Arrival)” means Equipment that is materially faulty on delivery and notified to technologE within ten (10) Business Days.

“Restocking Fee” means the fee payable for returning non-faulty Equipment, as set out in the Price List.

“Subcontractor” means an accredited secure IT asset disposal provider engaged by technologE to deliver Disposal Services.

2. Contract Formation

2.1 Each Order Form for Equipment constitutes a binding contract for the sale of Equipment.
2.2 If there is any conflict between this Schedule and the Order Form, the Order Form prevails in relation to the relevant Equipment.

3. Delivery, Title and Risk

3.1 Delivery dates are estimates only; time is not of the essence. technologE shall not be liable for any delay or non-delivery caused by suppliers, couriers, or force majeure.
3.2 Risk in the Equipment passes to the Customer on Delivery.
3.3 Title to the Equipment passes to the Customer on technologE’s receipt in full of all Equipment Charges and any applicable taxes, subject always to clause 6 of the Master Terms.
3.4 Until title passes, the Customer shall:
(a) hold Equipment as technologE’s bailee;
(b) keep Equipment separate and identifiable;
(c) not sell, charge, or otherwise dispose of the Equipment; and
(d) permit technologE to repossess Equipment at any time if payment is overdue.
3.5 Finance Arrangements. Where Equipment is supplied under a lease or finance arrangement with a third-party funder, clause 6.4 of the Master Terms applies. The Customer’s obligations in respect of the Equipment are not conditional upon technologE receiving payment from the funder, and title shall remain with technologE (or the funder, if assigned) until full payment has been received.

3.6 Early Termination of Finance. If the Customer cancels, terminates, or otherwise ceases to perform its obligations under any lease or finance agreement in respect of the Equipment before full payment has been received, the Customer shall immediately return the Equipment to technologE (or as directed by technologE or the funder) at its own cost. If the Customer fails to return the Equipment within ten (10) Business Days of such termination, the Customer shall be liable to pay a daily charge equal to the pro rata daily value of the outstanding lease rentals (calculated by dividing the aggregate rentals due over the Minimum Term by the number of days in that term) until the Equipment is returned in good condition

4. Charges and Payment

4.1 Equipment Charges are as set out in the Order Form or applicable Price List.
4.2 Invoices are issued on dispatch of the Equipment and are payable in accordance with clause 4 of the Master Terms.
4.3 technologE may require advance payment or a Deposit as a condition of supply.

5. Warranty and Returns

5.1 technologE shall, where available, pass through the benefit of any Manufacturer’s Warranty to the Customer.
5.2 Except as set out in clause 8 of the Master Terms, technologE gives no additional warranties, express or implied, as to the Equipment, including fitness for purpose, compatibility, or merchantability.
5.3 Warranty claims must be made directly to the manufacturer unless technologE agrees otherwise. technologE is not responsible for any delay by a manufacturer in processing warranty claims or repairs.
5.4 DOA Equipment must be reported within ten (10) Business Days of delivery; otherwise faults will be handled under the Manufacturer’s Warranty.
5.5 Non-faulty Equipment may not be returned once dispatched except with technologE’s prior written consent, and then only if returned unopened in original packaging. A Restocking Fee may apply.

6. Customer Obligations

The Customer shall:
(a) inspect Equipment promptly on delivery and notify technologE within five (5) Business Days of any shortages or damage;
(b) comply with manufacturer instructions, licence terms and applicable law in relation to use of the Equipment;
(c) maintain adequate insurance for Equipment once risk has passed;
(d) back up and securely erase all data before returning any Equipment;
(e) not export, resell or use Equipment in breach of any applicable law, regulation or sanction;
(f) acknowledge that any software supplied with Equipment is licensed subject to the licensor’s terms, and technologE gives no warranty in respect of such software.

7. Secure Disposal, Data Sanitisation & Recycling Services

7.1 Scope of Disposal Services
technologE may provide secure disposal, recycling, data sanitisation and/or physical destruction services, which may include:
(a) collection of redundant or end-of-life IT equipment;
(b) secure transportation to an approved processing facility;
(c) sanitisation of Data-Bearing Devices using recognised industry standards;
(d) physical destruction where sanitisation is not possible;
(e) environmental recycling in accordance with Applicable Law;
(f) certificates and asset-level reporting.

7.2 Transfer of Title to Equipment
7.2.1 Upon collection of equipment for Disposal Services, the Customer irrevocably transfers full legal ownership and title to technologE.
7.2.2 The Customer warrants that it:
(a) holds full legal title and the right to transfer the equipment;
(b) the equipment is free from finance, leasing or third-party interests;
(c) will indemnify technologE for any losses arising from breach of this warranty.
7.2.3 technologE or its Subcontractor may determine the disposal route, including reuse, parts recovery, recycling or destruction.

7.3 Data Processing
7.3.1 The Customer is the Controller and technologE is the Processor. The Parties’ Data Processing Agreement applies.
7.3.2 Personal Data on Data-Bearing Devices shall only be processed for sanitisation or destruction.
7.3.3 technologE shall ensure appropriate technical and organisational measures are used during the disposal process.

7.4 Certificates of Sanitisation & Destruction
7.4.1 A Certificate shall be provided for each Data-Bearing Device processed.
7.4.2 Certificates shall be issued by technologE’s approved Subcontractor (e.g., Asset Lifecycle Solutions Ltd).
7.4.3 technologE may forward Certificates in the form received, without modification.
7.4.4 A Certificate issued by the Subcontractor constitutes full and valid evidence of sanitisation or destruction.
7.4.5 technologE’s responsibility is limited to obtaining and forwarding the Certificate.
7.4.6 The Customer is responsible for retaining Certificates for audit and compliance purposes.

7.5 Customer Responsibilities
The Customer shall:
(a) ensure equipment is accessible for collection;
(b) remove personal items before collection;
(c) provide accurate asset lists where requested;
(d) ensure equipment does not contain prohibited or hazardous materials.

7.6 Charges
Disposal Services shall be charged as set out in the Order Form or Price List.

7.7 Subcontractors
technologE may appoint accredited disposal Subcontractors. In accordance with clause 18.2 of the Master Terms, technologE remains responsible for their performance.

8. Liability

8.1 Liability is governed by clause 13 of the Master Terms.
8.2 technologE shall not be liable for:
(a) defects arising from misuse, neglect, or improper handling of Equipment;
(b) incompatibility of Equipment with the Customer’s environment, unless specified in the Order Form;
(c) loss of data from returned or replaced Equipment.
8.3 technologE’s liability in respect of Equipment shall not exceed the relevant Equipment Charges paid.

9. Termination and Cancellation

9.1 Orders for Equipment cannot be cancelled by the Customer once accepted, except with technologE’s written consent.
9.2 If the Customer cancels after dispatch or refuses to accept delivery without good cause, the full Equipment Charges and/or a Non-Return Charge become immediately payable.

10. General

10.1 This Schedule applies only to outright sales of Equipment. Rental or tariff-inclusive Equipment is governed by the relevant Schedule.
10.2 This Schedule applies solely to business customers and nothing in it shall confer any consumer rights.