Schedule 7 — Technology & Devices Hire

Schedule 7 – Technology & Device Hire

(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:

“Equipment” means any hardware, devices, accessories or related items provided to the Customer on a rental (hire) basis under an Order Form.

“Hire Charges” means the recurring rental fees and any other applicable charges for Equipment hire as set out in the Order Form or Price List.

“Hire Period” means the Minimum Term and any Renewal Term during which the Customer is entitled to use the Equipment under this Schedule.

“Non-Return Charge” means the charge payable by the Customer if the Equipment is not returned in accordance with clause 5.3.

“Damage Charges” means the charges payable where Equipment is returned damaged, graded and charged as per the Price List.

“Replacement Cost” means the full cost of replacing the Equipment, as set out in the Price List.

“Return Date” means the date ten (10) days after termination or expiry of the Hire Period, by which the Customer must return the Equipment.

2. Contract Formation

2.1 Each Order Form incorporating this Schedule constitutes a binding contract for the rental of Equipment.

2.2 The Customer may not terminate an Equipment rental solely as a result of suspension, fault, or withdrawal of any related Services.

2.3 If there is any conflict between this Schedule and the Order Form, the Order Form prevails in relation to the relevant Equipment.

3. Commencement and Term

3.1 The Hire Period commences on the earlier of: (a) delivery of the Equipment; or (b) the Service Effective Date specified in the Order Form.

3.2 Renewal and termination of the Hire Period shall follow clause 3.4 of the Master Terms (12-month Renewal Term, unless terminated by not less than ninety (90) days’ written notice).

4. Charges and Payment

4.1 Hire Charges are as set out in the Order Form or Price List.

4.2 Hire Charges are invoiced monthly in advance. Usage-based, damage or non-return charges are invoiced in arrears.

4.3 technologE may amend Hire Charges by giving not less than thirty (30) days’ written notice, subject always to Applicable Law and clause 4.11 of the Master Terms.

4.4 The Customer remains liable for all Hire Charges until Equipment is returned in accordance with clause 5.3.

5. Title, Risk, Return and Condition

5.1 Risk in Equipment passes to the Customer on delivery. Title remains at all times with technologE (or its funder/assignee). The Customer shall have no ownership rights in the Equipment.

5.2 During the Hire Period, the Customer shall:

(a) hold Equipment as bailee of technologE;

(b) keep it separate, identifiable, and in good condition;

(d) insure Equipment for its full replacement value against all risks, maintain such insurance throughout the Hire Period, and produce evidence of insurance on request and no less than annually;

(e) maintain Equipment in good working order (fair wear and tear excepted); and

(f) erase all Customer data before return. technologE accepts no responsibility for data remaining on returned Equipment.

5.3 On termination or expiry of the Hire Period, the Customer shall return all Equipment (including accessories/chargers/packaging) by the Return Date. If not returned:

(i) daily rental at the standard Hire Charges accrues from day 11 to day 14; and

(ii) from day 15, a Non-Return Charge equal to the Replacement Cost becomes payable and daily rental ceases.

5.4 If Equipment is returned damaged, Damage Charges apply as per the Price List.

5.5 Termination of Agreement. Upon termination of this Agreement for any reason (including termination under the Master Terms), the Customer shall immediately return all Equipment in accordance with this clause 5.

6. Warranties

6.1 technologE shall, where available, pass through the benefit of any manufacturer’s warranty to the Customer.

6.2 technologE gives no additional warranties, express or implied, as to the Equipment.

6.3 Any Equipment provided as a replacement may be new or refurbished of equivalent specification and functionality.

7. Customer Obligations

The Customer shall:

(a) use the Equipment lawfully and in accordance with instructions;

(b) not alter, adapt, or service the Equipment without technologE’s prior written consent;

(d) remain liable for Hire Charges until return or payment of any Non-Return Charge.

8. Suspension

technologE may suspend provision of Equipment under clause 14 of the Master Terms, including for late payment, unusual usage, or misuse of Equipment.

9. Termination

9.1 Termination rights are governed by clause 16 of the Master Terms and this Schedule.

9.2 Early termination during the Minimum Term requires payment of all outstanding Hire Charges for the Minimum Term, plus any Non-Return or Damage Charges.

9.3 Upon termination or expiry, technologE may repossess Equipment not returned in accordance with this Schedule. Following the Return Date, if the Equipment has not been returned, technologE shall issue a written demand for return giving the Customer not less than five (5) Business Days to comply. If the Equipment is not returned within that period, the Customer hereby grants technologE (and its agents) an irrevocable licence to enter the Customer's premises during normal Business Hours, on not less than forty-eight (48) hours' prior written notice, for the sole purpose of recovering such Equipment. This right does not prejudice any other remedy available to technologE, including the right to recover a Non-Return Charge.

10. Liability

Liability is governed by clause 13 of the Master Terms. technologE shall not be liable for Customer’s loss of data, indirect or consequential losses, or service interruptions caused by Equipment failure.