Hardware as a Service (HaaS) Supplementary Terms

These Supplementary Terms apply where Your Agreement includes the provision of Hardware as a Service (HaaS). They apply in addition to, and prevail over, any conflicting terms in the Core Terms or Your Order (unless the Order expressly states otherwise with explicit reference to these Supplementary Terms), or implied by trade custom, practice, course of dealing or non-mandatory law. Where a capitalised word is used in these terms but is not defined here, it has the meaning given to it in the Core Terms.

1. Definitions

Hardware — the physical equipment We provide as part of the HaaS offering.

Hardware Buyout Option — Your right to purchase the Hardware for nominal consideration at the end of the Initial Term.

2. Provision of Hardware

2.1 You may use the Hardware during the Licence Term, subject to the Core Terms and these Supplementary Terms.

2.2 The quantity and description of the Hardware are set out in Your Order.

2.3 Any samples, drawings, descriptive matter, specifications and advertising We issue, and any descriptions or illustrations in Our catalogues or brochures, are for illustration only and do not form part of the Agreement.

2.4 We may correct any typographical, clerical or other error or omission in any sales literature, quotation, price list, invoice or other document, without liability.

2.5 We may (but are not obliged to) change the specification and/or brand of the Hardware where necessary to comply with applicable legislation, or where the change does not materially affect the quality or performance of the Hardware.

2.6 We will use reasonable efforts to pass on to You the benefit of any warranty or guarantee given to Us by the Hardware manufacturer.

2.7 Our employees, contractors and agents are not authorised to make contractually binding representations or statements about the Hardware, and any such statements do not form part of this Agreement.

3. Delivery and acceptance

3.1 We will use reasonable efforts to deliver the Hardware on the dates agreed with You, but those dates are approximate only. Time is not of the essence for delivery, and We are not liable for any delay, however caused.

3.2 Delivery will be during normal business hours (excluding bank and public holidays). We may charge extra for deliveries You request outside those hours.

3.3 You are responsible, at Your own expense, for preparing the delivery location and providing all necessary access and facilities for delivery (where applicable) and (where We are providing the installation) installation. If We cannot deliver or install on the specified date because of inadequate preparation, We may charge additional fees to cover any resulting losses.

3.4 You are treated as having accepted the Hardware once You have had five days to inspect it after delivery.

3.5 We are responsible for any damage, shortage or loss in transit, provided You notify Us within five days of delivery (or the scheduled delivery date) and the Hardware has been handled in accordance with Our guidelines. Remedies under this clause are limited, at Our discretion, to either replacing or repairing Hardware verified by Us to have been lost or damaged in transit.

3.6 Risk and responsibility for the Hardware remain with Us until it is delivered to You at the location You specify. On arrival at the delivery point, off-loading is carried out at Your risk.

4. Terms of use

4.1 You will keep the Hardware in good condition and use it in accordance with the Core Terms. In particular, You will:

4.1.1 Use it with care for its intended purpose.

4.1.2 Comply with all manufacturer requirements and recommendations, and all applicable laws.

4.1.3 Take all reasonable precautions to protect the Hardware from damage, including but not limited to:

(a) Not destroying, defacing or obscuring identifying marks, serial numbers or packaging;

(b) Keeping it away from excessive liquid, moisture, heat or corrosive substances.

(d) Protecting it from unauthorised access, tampering or modification.

(e) Promptly reporting any damage or malfunction to Us without attempting unauthorised repairs.

We are not liable for any damage (including repair or replacement) if You breach this clause.

4.2 You will keep the Hardware insured on Our behalf for its full value against all risks, with a reputable insurer, to Our reasonable satisfaction.

4.3 Until ownership of the Hardware transfers to You, You grant Us, Our agents and employees an irrevocable licence to enter any premises where the Hardware is or may be stored, at any time, to inspect it.

4.4 On termination of the Agreement for any reason, Our rights under this section 4 continue, while Your rights do not.

5. Hardware Buyout Option

5.1 You may exercise the Hardware Buyout Option by giving Us written notice at least 90 days before the end of the Initial Term or (if applicable) the current Further Term, via the cancellation form at the link in Your Order.

5.2 On exercising the option, You may purchase the Hardware from Us for nominal consideration equal to one monthly Fee paid by You under the corresponding Order.

5.3 On purchase, We will transfer ownership of the Hardware to You 'as is', and all Our support obligations for that Hardware will cease at the end of the Initial Term or current Further Term. Unless You have terminated the corresponding Order under the Core Terms, this does not affect the continuation of the rest of that Order.

5.4 Unless You give the required 90 days' notice under clause 5.1 (or otherwise terminate the broader Order in accordance with the Core Terms), the HaaS will automatically continue into the Further Term.

6. Consumables

6.1 Consumable items are excluded from the Hardware offering. Consumables (including till rolls, ink cartridges, batteries, clerk cards and any other items consumed through regular use) are not covered. You are solely responsible for procuring, replacing and maintaining all consumables, and We are not liable for any consumable-related costs or replenishment.

7. Termination

7.1 On termination, You will return the Hardware to Us unless the Hardware Buyout Option has been exercised in accordance with section 5.