Equipment Hardware Checklist

Equipment Hardware Checklist and Agreement

Parties

Recitals

WHEREAS, Provider is the lawful owner or authorized custodian of the hardware described in this Checklist and Agreement and has agreed to transfer, loan, or install certain equipment for Recipient under the terms set forth below;

WHEREAS, Recipient acknowledges receipt of, or requests installation of, the listed hardware and agrees to accept responsibility for inspection, safekeeping, routine care, and return of such hardware in accordance with the terms of this Agreement;

WHEREAS, the parties desire to memorialize the condition, quantities and associated responsibilities for the listed equipment and to set forth payment, confidentiality, termination and governing law provisions applicable to the arrangement.

Equipment Hardware Checklist

Instructions: For each line item, record the equipment description, manufacturer / model / serial number, quantity delivered, whether the component is included at transfer, the observed condition at time of transfer, and any remarks regarding defects or missing accessories. Parties must initial or sign at the bottom to acknowledge accuracy.

Scope of Work

The Provider shall perform the services described below in connection with the equipment listed in this Checklist. Recipient shall permit reasonable access to facilities and cooperate in reasonable fashion to facilitate installation, testing, or transfer.

Payment Terms

Recipient agrees to pay Provider the amounts set forth below in consideration for equipment supply, installation and associated services. All payments are due in U.S. currency unless otherwise agreed in writing.

Payments not received by Provider within the agreed due period shall incur the Late Payment Fee specified above, compounded monthly. Recipient remains responsible for any collection costs, including reasonable attorneys' fees, in the event of default.

Term and Termination

This Agreement commences on Start Date and continues until End Date, unless earlier terminated under the provisions below.

Start Date:    End Date:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure within the Notice Period after receipt of written notice. Provider may also terminate immediately for safety concerns or unlawful use of equipment.

Confidentiality

Each party acknowledges that, in connection with this Agreement, it may receive confidential information of the other party. Confidential information shall be used solely for performance under this Agreement and shall not be disclosed to third parties except as required by law. The duty to protect confidential information survives termination for a period of three (3) years.

Liability, Inspection and Return

Recipient shall inspect all equipment upon transfer and notify Provider in writing of any discrepancies within five (5) business days. Absent timely written notice, equipment is deemed accepted as to quantity and condition. Recipient is responsible for loss or damage after accepted transfer, except for damage caused by Provider's negligent installation or latent defect disclosed in writing.

Governing Law; Entire Agreement

This Agreement is governed by the laws of the state agreed below. Any dispute arising out of or relating to this Agreement shall be resolved in the courts of the selected jurisdiction. This document, including the attached Checklist and any written addenda signed by both parties, constitutes the entire agreement between the parties and supersedes all prior proposals, communications and understandings, whether oral or written.

Acknowledgment of Receipt

The undersigned acknowledge receipt of the listed equipment and confirm that the information recorded on this Checklist is, to the best of their knowledge, accurate. Acceptance does not waive Provider's right to enforce agreed return or repair obligations for latent defects reasonably discoverable after initial inspection.

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