TERMS OF SERVICE
R.L. Mark & Company Ltd (RLM) operates an e-commerce website permitting you to have direct online access to our products, services and solutions. You may use the e-commerce component of RLM Website only if you are eighteen (18) years of age or older. The Site is available only to individuals and businesses that can form legally binding contracts under applicable laws. RLM hereby grants you a nonexclusive, nontransferable, limited right to access and use the RLM web site in order to browse and order products according to the terms of the relationship established with RLM. RLM reserves all rights not expressly granted to you pursuant to this Agreement. You are not permitted to download (other than through page-caching) or modify any portion of RLM's site except with our written consent. You are not permitted to resell or make commercial use of this site or its contents. This license does not include any collection and use of any product listings, descriptions, or prices or any derivative use of the site or its contents. This license does not authorize any downloading or copying of account information for the benefit of another merchant, for data mining, or any data gathering and extraction tools. You may not reproduce, copy or resell our site or any portion of our site. You may not commercially exploit our site, its content or functionality without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or any other part of our site or its content. This also applies to our proprietary information (images, logos, text, page layout, etc.) as well as that belonging to our suppliers, partners or other providers. You may not use any meta- tags or any other "hidden text" utilizing our name or trademarks without our express written consent. If we discover any unauthorized use on your part, we will immediately terminate the permission to access our site. This agreement shall govern your access to and use of our e-commerce website. By accessing the R.L. Mark & Company Ltd web site, you agree to be bound by the listed terms and conditions within this agreement.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RLM, its affiliated companies, or its suppliers, is subject to their policies, and protected by international copyright laws. We make no warranty, either expressed or implied with respect to the accuracy of the information, including prices, product editorials, product specifications or advertising. RLM believes all information is current at the time of publication and may be subject to change without notice. RLM may change the terms and conditions of this agreement from time to time in its sole discretion, and such changes shall become effective upon publication in the RLM web site. Access or use of the RLM web sites on your part after the date of any posted changes shall constitute you acceptance of the Agreement as amended. RLM reserves the right at its sole discretion, to restrict or deny access to the site, delete information or suspend or halt any sales on the site. RLM may at any time change, suspend or discontinue any aspect of the functionality or services displayed, including the availability of any feature, database or content. RLM makes no representation or warranty regarding the accuracy of any information displayed through the RLM e-Commerce web site.
We provide links to the sites of affiliated companies and certain other businesses associated with our suppliers. Although we make every effort to provide helpful and informative links in response to our customers' needs, we are not responsible for evaluating these sites or their companies and we do not warrant their offerings in any way. We do not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
You waive and release RLM from any and all claims, demands, and damages of every kind and nature arising out of or in connection with your access or use of the RLM web site. RLM does not warrant that this site, its servers, or e-mail sent from RLM are free of viruses or other harmful components. RLM will not be liable for any damages of any kind whatsoever arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Our site utilizes encryption technologies to encrypt communications with you and protect the confidentiality of such communications from unauthorized third parties. Given the nature and current development of the internet there can be no guarantees that such technologies will always operate as intended and maintain the confidentiality as expected. Accordingly, you agree that RLM shall not be liable for any failure by the technologies employed by RLM to protect our communications from disclosure.
RLM does not represent or warrant that the information published, distributed or otherwise accessed through RLM's web sites, including without limitation information regarding Products and pricing, is accurate or complete. Therefore, and without limiting the generality of other disclaimers in this Agreement, RLM expressly disclaims any representation or warranty that the information published, distributed or otherwise accessed through RLM's web sites is accurate, complete, timely or reliable. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provision.
This agreement may be terminated at any time by RLM upon notice; provided, however, that the indemnities provided herein shall survive the termination or expiration, for any reason, of this agreement.
This agreement and RLM's invoice terms set forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior discussions and agreements between the parties relating to the subject matter hereof. RLM may modify these terms, as well as any aspect of the information or the functionality of the RLM web sites, at any time in its sole discretion. If RLM makes any changes to these terms and conditions, your subsequent access of the RLM web sites constitutes acceptance of these changes.
The construction, validity and performance of this Agreement shall be governed under the laws of the Country of Barbados. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate court of law located in Barbados.
Order modifications are acceptable before the order is submitted. By submitting an order on R.L. Mark & Company Ltd.’s site you are accepting responsibility for such order, payment, the shipping details and service level you selected. If you refuse to receive the products ordered upon arrival, immediate evaluation of further business with you will be conducted and you may be subject to cancellation fees at the sole discretion of RLM. RLM will not consider any claim for loss, indemnity or refund until liability, if any, has been established or agreed to with the applicable manufacturer/ supplier and where applicable the shipper and/or insurance company.
RLM does not warrant product descriptions or any content of this site to be accurate complete, reliable, current, or error-free. It is your responsibility to make sure you are ordering the correct product for your needs. We consider the product's manufacturer part or model number as the valid identifier for the transaction. If you receive a product from RLM where the manufacturer's product number does not match the manufacturer product number you ordered, please follow our return procedure to ensure a credit to your account or delivery of the correct product.
RLM warrants that it has good title to or license to supply all products to customers.
All hardware warranties are 90 days. If any part of the hardware products purchased should prove defective in materials or workmanship under normal operation or service, such products will be repaired or replaced in accordance with any warranty cover and terms provided by R. L. Mark & Company Ltd provided that no unauthorized use or modifications to the product or to the system of which the product forms a part has taken place. RLM is not responsible for the cost of labor or other expenses incurred in repairing or replacing defective or non-conforming parts.
We do not warranty software products in any way. In the event that any such software products should fail to conform as expected or in conformance with the product description, we will assist you to the best of our abilities to obtain a corrected version from the manufacturer or a credit from the manufacturer. The decision and policies of the software manufacturer govern in these issues and you should read their product warranty policies carefully before unsealing their products.
EXCEPT AS SPECIFICALLY SET OUT ABOVE, RLM DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETER EXPRESS OR IMPLIED BY STATUE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF DESCRIPTION, DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM ANY PREVIOUS COURSE OF DEALING, CUSTOM OR TRADE PRACTICE.
Our Company offers products, services and solutions to corporate and individual consumers. We deliver products both from our own (Barbados) inventories and from our supplier inventories (outside of Barbados). All transactions with Barbados based clients are transacted in Barbados (BDS) dollars, all non-Barbados based clients the transaction is negotiated in United States Dollars (USD). All sales of products are considered final and shall be governed solely by the terms and conditions of this Agreement along with any other terms and conditions listed on RLM's invoice, purchase (Appendix A), rental (Appendix B – RLM Leasing Inc.), or service agreements (Appendix C). These terms and conditions and agreements may be amended from time to time. Any conflicting terms in your purchase order or elsewhere are without effect. RLM reserves the right to accept or decline, at its sole discretion, to sell you.
PAYMENT TERMS & CONDITIONS
Prepaid: Unless otherwise specified, ordering from the RLM website requires a prepayment. For all prepaid orders, your funds must arrive at RLM and clear before we ship your order.
COD: We offer COD terms only for orders picked up at our warehouse. We will require a credit card as backup so that RLM may process your order.
Barbados Online Open Account: RLM offers limited Online Net 30-day open account terms for Barbados companies and residents. If you wish to apply for online open account terms of sale, you must first complete, sign, and fax us a Credit Application, which will be processed by our credit department and once approved the facility provided online.
International Open Account terms of sale require the backing of an Irrevocable Standby Letter of Credit in favor of RLM - please refer to the Standby Letter of Credit Instructions. A letter of credit is a standard secured financing tool used in this industry. In the event your payment does not arrive within 5 days of the due date, we would issue a draft and draw against the Standby Letter of Credit.
Under Open Account terms of sale, your company agrees to pay RLM in full all invoice(s) on or before the due date. All unpaid invoices shall bear interest at an amount equal to 1.5% of the outstanding balance per month (or the maximum rate of interest allowed to be contracted for by law, whichever is less), commencing upon the date payment is due. Your failure to make a timely payment may also result in additional actions on our part, which would include but are not limited to: initiating a collection proceeding, revoking your credit line, holding your shipments, and delaying and canceling any future deliveries. We may also seek the repossession of any delivered goods corresponding to unpaid invoices as well as termination of any sales agreements in effect.
Notwithstanding any "net" payment provisions specified on the invoice, RLM shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by RLM at any time without prior notice.
METHODS OF PAYMENT
We accept the following methods of payment.
1. Credit Cards (Domestic and International Visa, MasterCard, American Express)
3. Cashier's Checks, Bank Checks, International Drafts
4. Money Orders
5. Personal Checks and Company Checks
6. Wire Transfers
CREDIT CARD PROCESSING & INFORMATION
You agree that by asking RLM to accept payment by credit card, RLMs Customer Service Policy supersedes your ability and right to dispute a credit card charge. You agree that you cannot dispute a credit card charge if either: (1) the corresponding order was placed under your Account Number and Password; (2) the order was delivered to an address different than the one on your credit card providers database.
All transactions with Barbados based clients are transacted in Barbados (BDS) dollars. All transactions with non-Barbados based clients are negotiated in United States Dollars (USD). Barbados based pricing includes all applicable duties, taxes and freight to your door. All non-Barbados orders are FOB Miami.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensures the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
RLM PROTECTS CREDIT CARD PAYMENT TRANSACTIONS
Credit card fraud is a felony and we will aggressively prosecute anyone attempting to misuse a credit card number. We track transactions and use all reasonable means available to report persons attempting fraud. For your protection and for fraud detection purposes, we record and store the IP address each time you log onto our site. All suspicious transactions will be investigated and reported to credit card companies.
SHIPPING AND CUSTOMS
All deliveries in Barbados are free of charge. In other jurisdictions our freight engine calculates freight charges on the basis of information obtained from the product's manufacturer and distributors (weight and size). However, although we make every effort to make sure we have complete weight and dimensional information for all products, some may become available for sale without the weight and dimensional information required to pre-calculate the freight. Also, manufacturers may change the product weight and dimensions without notice, resulting in changes to the freight charges we quoted. If the product you select does not have the weight or dimensional information needed to calculate the freight, you will be notified prior to shipment so you can decide whether or not to proceed with your order. We measure and weigh all products at the time of receipt. Therefore, in the case of a product which had no weight or dimensional information, or where the stated weight and dimensions changed, we will recalculate and correct the freight charges and invoice you accordingly. On request, we will be pleased to document the basis for our charge.
RLM shall ship product in accordance with the shipping method you defined through your selection as you place your order. The cost of shipping and any other related and available costs are displayed as you checkout and will be added to your order. A confirmation of the transaction's particulars will be made available to you online and transmitted to the e-mail address you specified. RLM shall calculate and include any and all taxes, duties legally required to be collected under the laws of Barbados.
Export Compliance Policy
RLM is committed to complying with all export regulations in the USA and Barbados. All products and services purchased from RLM are subject to all pertinent import and export laws, and regulations. These include but are not limited to the rules cited by the U.S. Export Administration Regulations (EAR). Transactions are also subject to the EAR's Restrictive Trade Practices or Boycott regulations. You agree that you will not transfer, export or re-export, directly or indirectly, to any person, firm or country on the: Denied Persons List, Debarred Parties or Specially Designated Nationals lists and any other country designated by the U.S. Government, as prohibited by U.S. law. We adhere to the principles laid down by ICC's INCOTERMS 200. For information on INCOTERMS definitions, please consult our INCOTERMS document or the ICC website at:
CARRIERS AND SERVICE LEVELS
At the time you place the order, you are determining or selecting the suitable carrier and service level. If the order is from a Barbados based client and the inventory is in Barbados delivery can be expected within 3-5 business days or sooner. If the order is from a Barbados based client and the item is not in inventory delivery can be expected in 7 to 21 business days. Our site will provide you with delivery information, which you can accept or reject at will. If the products ordered are not in our current inventory we will usually ship the products ordered the day after they arrive in our warehouse.
If you have any questions, please contact our logistics department at firstname.lastname@example.org.
HARDWARE PURCHASE AGREEMENT - TERMS AND CONDITIONS
Paragraphs 1 - 6 Inclusive apply to all sales
1. This Agreement comes into force when a piece(s) of hardware is purchased on our website. It is an agreement between you the online Customer and R. L. Mark & Company Ltd. (RLM).
2. Where this Agreement relates to more than one item of Equipment it shall be a separate and severable contract for each such item of Equipment.
3. This Agreement constitutes the entire agreement between the Customer and RLM and no representation, statement, condition or warranty whether express or implied, statutory or otherwise not contained in this Agreement shall be binding on RLM. No alteration, waiver or modification of the terms of this Agreement shall be valid unless agreed to by a Director or the Secretary of RLM and by a person authorized by the customer. The said terms shall prevail notwithstanding any variance or conflict with the terms and conditions sought to be imposed by the Customer and the Customer's agreement to purchase on our website shall be conclusive evidence and/or acceptance of the terms and conditions contained in this agreement. Delivery of the equipment shall be conclusive evidence thereof.
4. (a) Neither this Agreement nor any of the rights or obligations thereunder shall be assigned by the Customer without the prior consent of RLM.
(b) If the Customer wishes to lease or finance the purchase of the Equipment through a third party then RLM shall allow the Customer to assign obligations of payment to an assignee and in that event title to the Equipment shall pass to such assignee from RLM after these payments have been made
5. RLM will provide, at the Customer’s option, maintenance for the Equipment in accordance with published terms of RLM’s Full Service Maintenance Agreement (FSMA) or on a “time and materials” basis.
6. RLM will not be responsible for any damage, injury or loss arising out of or in connection with the purchase or use of the Equipment unless shown to be caused by negligent acts or omissions of RLM except that in no circumstances will RLM be responsible for any loss of business or profit or any other consequential loss however arising including if appropriate delay in or failure to provide maintenance for any reason.
BARBADOS & NON-BARBADOS INSTALLATIONS
In addition to paragraphs 1 - 6, where the Equipment is not subject to a Rental and Service Agreement, paragraphs 7 and 8 apply in Barbados. In non-Barbados jurisdictions installations are not included as outlined in paragraph 7, specific arrangements for installation between the customer and RLM must be negotiated separately and outside the terms and conditions of this agreement. Installation services are available.
7. (a) RLM shall deliver, install and commission the Equipment into service in the Customer’s premises in Barbados. RLM will use its best endeavours to deliver the Equipment on the date requested by the Customer subject to availability of the Equipment but will not be liable for any loss or damage whatsoever incurred by the Customer by reason of any delay in or failure to deliver the Equipment by that date.
(b) Prior to the date of delivery of the Equipment the Customer shall at his own expense ensure that the installation area(s) electrical outlets and connection requirements and access ways are suitable or are rendered suitable for the passage, installation and commissioning of the Equipment. If any special lifting or other tackle will be required in the course of the installation the Customer will either ensure that it is made available (together with competent operative personnel) at the delivery of the Equipment or will, not less than two weeks prior to the delivery date, request RLM to arrange at the Customer’s expense for the provision of that tackle and personnel.
The Customer shall pay upon receipt of invoice any costs incurred by RLM by reason of the failure by the Customer to Comply with this Clause.
(c) RLM shall bear the risk of loss or of damage to the Equipment until installation and commissioning has been completed in Barbados whereupon risk in the title to the Equipment shall pass to the Customer. For Non-Barbados customers title passes once the item has been delivered and accepted by the Freight Forwarder in Miami.
8. (a)RLM warrants the Equipment free from defect in materials and workmanship for a period of ninety days from the date on which installation and commissioning of the Equipment is completed (the “Equipment Installation Date” ) by an RLM employee or an authorized RLM partner (outside Barbados) and will without charge, at its option, either repair or replace any part found to be defective during that period on an exchange basis during normal RLM working hours, provided however that the Customer will pay at the rates then currently charged by RLM for any repair or replacement made necessary by accident, misuse, negligence, wilful act or default. This warranty shall not extend to the provision of normal maintenance or supplies.
(b) The Customer will notify RLM forthwith following a change in the location of the Equipment during the said three-month period.
(c) The Customer shall appoint two Key Operators to be available for instruction at the time of installation and commissioning of the Equipment and who shall be instructed by RLM, free of charge, in the use of the said Equipment in accordance with the Operator’s Manual. RLM reserves the right to charge at its current rates for any service calls required during the said three month period by reason of the Customer’s failure to comply with his obligations under this subparagraph.
FULL SERVICE MAINTENANCE AGREEMENT (FSMA)
TERMS & CONDITIONS
1. This Agreement comes into force when purchased on the R. L. Mark & Co. Ltd. (RLM) website.
(a) This Agreement shall commence on the date on which the Equipment is installed and commissioned ("the Equipment installation date") and in the case of Equipment In-Situ the date on which this Agreement comes into force.
(b) This Agreement shall continue until terminated by either party serving on the other notice to expire at the end of five years or at any time thereafter.
(c) In addition to the right of termination set out in Clause 1.(b) above the Customer may:
(i) terminate this Agreement by notice at the end of one year or at any time thereafter.
(d) "Notice" in subsections (b) and (c) above shall mean six months prior written notice.
2. RLM will, at the Customer's request during normal RLM working hours, provide service (i.e. Inspection, adjustment and repair) and replacement parts for the Equipment. Replacement parts will be of serviceable quality and may be new or used. All parts, which have been replaced become the property of RLM.
3. (a) The customer will pay all charges invoiced under this Agreement upon receipt of invoice. Charges include all supplies deemed necessary to be changed by our technical representative.
The Customer agrees to pay for all legal fees and expenses incurred in the collection of the account, including debt-collecting commissions in the event of non-payment
(b) In addition to the charges payable hereunder the Customer will pay for service at the rates then currently charged by RLM in respect of all repairs or maintenance
(i) undertaken at the Customer's request outside normal RLM working hours.
(ii) made necessary by accident, misuse, negligence, viruses, electrical surges, wilful act or default or any cause other than normal use or the act or default of RLM
(iii) required as a result of attachments or alterations made by the Customer to the Equipment or System provided however that RLM reserves the right not to repair or maintain the Equipment or System if attachments or alteration thereto by the Customer or with its authority have in the opinion of RLM altered the equipment or system from its original description for which this agreement was enacted or which rendered the Equipment dangerous or unserviceable in which event this Agreement shall be suspended until the Equipment has been restored to its original state by the Customer without prejudice however to any outstanding rights or remedies of either party.
4. Support and maintenance services shall be performed at the service location specified as the Customer location. Services may be provided via voice and/or electronic (modem) transmission or site visit.
5. Customer shall maintain a detailed log of all system abnormalities and report them to RLM in a timely fashion. Copies of log entries should be forwarded to RLM on a regular basis. Alternately RLM will Remote Monitor the equipment at no additional charge to the customer.
6. The Customer shall provide RLM access to the installed software and its affiliated hardware during regular business hours, and for reasonable periods of time, for the purpose of testing, identification of defects, and installation of the software change, fix or upgrade. In appropriate circumstances, at the sole discretion of RLM, changes,
fixes or upgrades may be delivered through appropriate magnetic media, electronically transmitted or delivered through a representative of RLM.
7. RLM does not make and the Customer does not receive from RLM any warranties of merchantability, or fitness for a particular purpose, or against infringement. In no event shall RLM be liable for special, consequential, exemplary, indirect or incidental damages beyond the cost to repair and correct hardware and software defects introduced by changes, fixes or upgrades provided by RLM under the provisions of this Agreement.
8. Toner, Drums, Developer, Maintenance Kits, and any other consumable items which the equipment requires shall be purchased ONLY from RLM. Breach of this condition will remove RLM’s requirement to provide services described in article 2 of this agreement but will not change the Customer’s responsibilities as detailed on this page.
9. RLM may vary the charges payable under this Agreement or the basis thereof at any time by serving on the Customer at least 90 days prior notice in writing of the effective date of such variation. Notwithstanding any other terms of this Agreement if the effect of any such variation in any calendar year is to increase the total charges payable hereunder by more than 10% of the charges applicable on 1st January of that year, then the Customer shall be entitled to terminate this Agreement by serving, not less than 60 days notice in writing on RLM to expire on the date on which the increase would otherwise come into effect.
10. The Customer shall notify RLM forthwith following a change in the location of the Equipment.
11. RLM will not be responsible for any damage, injury or loss arising out of or in connection with the maintenance or use of the Equipment unless shown to be caused by negligent acts or omissions of RLM except that in no circumstances will RLM be responsible for any loss of business or profit or any other consequential loss however arising including delay in or failure to provide maintenance in accordance with this Agreement or for any other reason.
12. The Customer shall appoint two key Operators who shall be instructed by RLM free of charge in the use of the Equipment. The Customer shall ensure that the Key Operators properly carry out their duties and operate the Equipment in accordance with the instructions given. RLM reserves the right to charge at its current rates for any service calls required by reason of the Customers failure to comply with his obligations under this paragraph.
13. If the Customer is in breach of any of the terms of this Agreement RLM shall serve written notice on the Customer specifying such breach and requiring the same to be remedied within a period of 14 days. If the Customer shall fail to remedy such breach within 14 days, this Agreement shall terminate forthwith without any further action on the part of RLM but without prejudice to any outstanding rights or remedies of either party hereunder.
14. Neither this Agreement nor any of the rights or obligations hereunder shall be assigned by the Customer without the prior written consent of RLM.
15. Insofar, as this Agreement relates to more than one item of Equipment it shall be a separate and severable contract in respect of each such item of Equipment.
16. This Agreement constitutes the entire agreement between the Customer and RLM and no representation statement condition or warranty whether express or implied statutory or otherwise not contained in this Agreement shall be binding on RLM. No alteration, waiver or modification of the terms of this Agreement shall be valid unless singed by a Director or the Secretary of RLM. The said terms shall prevail notwithstanding any variance or conflict with the terms and conditions sought to be imposed by the Customer and the Customer's agreement to purchase hereof shall be conclusive evidence thereof.
RENTAL AGREEMENT (Equipment, Service & Parts)
TERMS & CONDITIONS
Whereas the Customer is desirous of entering into this agreement with RLM Leasing Inc. (RLML) for the use of equipment selected on the RLM website (rlmark.com) and the customer agree to the terms and conditions as follows:
1. RLML will install the equipment referred to in this agreement at the customer’s location.
2. The Customer agrees to pay to RLML punctually and without previous demand the charges in accordance with this Agreement, punctual payment of each charge being of the essence of this Agreement. Charges include a fixed monthly rental charge and a variable (copy / print / scan) charge over an agreed inclusive volume. The model of the hardware device selected determines the inclusive volume.
3. RLML agrees as follows:
(a) To train the personnel of the Customer in the use of the equipment.
(b) To keep the equipment in good working order, make inspections, adjustments, machine part replacements and repairs as required without charge to the customer. (This does not include consumables)
(c) To supply machine service during RLML’s regular service hours.
(d) To assume all responsibility for loss or damage to the equipment installed on the Customer 's premises due to Fire, Lightning, Sprinkler Leakage, Earthquake, Tornado, Wind Storm, Water, Explosion, Smoke, Smudge, Aircraft, Motor Vehicles, Strikes, Riots, Civil Commotions, Collapsing Building or Structure.
4. The Customer agrees as follows:
(a) To provide suitable electrical service for operation of the equipment and to properly ground receptacles.
(b) To make available a Key Operator for training in the use of the equipment. Should this assignment change the Customer agrees to inform RLML immediately.
(c) The customer will provide RLML with monthly meter readings at the date and time required by RLML in which ever manner and format that RLML requires including telephone, facsimile, electronic transfer (web and email), physical meter reads or any other method selected by RLML to accurately calculate applicable monthly meter charges beyond the fixed monthly rental.
(d) To make no alterations to the equipment.
(e) To obtain written authorization of RLML prior to any movement of the equipment.
(f) To pay according to the Lessor's established service policy for service requested outside of the regular service hours.
(g) To pay for any repairs or replacement made necessary by the Customer 's wilful act or negligence
(h) To use no other supplies but those sold by the Lessor.
5. The use of the machine is granted exclusively to the Customer and the Customer hereby covenants not to sub-lease the equipment either wholly or in part.
6. The inability of the Customer to utilize the equipment for reasons beyond the control of RLML shall not entitle the Customer to terminate this agreement.
7. This agreement may be terminated by either party at any time without notice if there is any breach of this contract.
8. In the event that the Customer shall default in the due and punctual payment of any of the charges properly made by and payable to RLML under the terms of this Agreement or any part thereof within fourteen days of the date such charge is due and owing, then RLML’s consent to the Customer's possession of the equipment shall determine forthwith without any notice being given by the Lessor, and RLML may terminate this Agreement either by notice in writing or by taking possession of the equipment.
9. In the event that the Lessor's consent to the Customer 's possession of the equipment shall be determined under clause 8 hereof
(a) The Customer shall pay forthwith to the Lessor:
(i) All arrears of charges due and owing; and
(ii) All further charges which would but for the determination of the Lessor's consent to the Customer's possession of the equipment have fallen due to the end of the fixed period of this agreement less a discount thereon for accelerated payment at the rate of three per cent per annum; and;
(iii) Damages for any breach of this Agreement and all expenses, legal fees, costs and commissions incurred by RLML in retaking possession of the equipment and/or enforcing RLML’s rights under this Agreement;
(b) RLM shall be entitled to exercise any one or more of the rights and remedies provided for in clause 8 and in sub-clause (a) of this clause and the determination of RLML’s consent to the Customer's possession of the equipment shall not affect or prejudice such rights and remedies and the Customer shall be and shall remain liable to perform all outstanding liabilities under this Agreement not withstanding that RLML may have taken possession of the equipment and/or exercised one or more of the rights and remedies of the Lessor.
(c) Any right or remedy to which RLML is or may become entitled under this Agreement or in consequence of the Customer 's conduct, may be enforced from time to time separately or concurrently with any other rights or remedies given by this Agreement or which are now or hereafter provided for or which arise by operation of law so that such rights and remedies are not exclusive of the other or others of them but are cumulative.