secrets, industrial design patents and patents; (ii) moral rights, mask work rights, author's rights, and rights of publicity; and (iii) other industrial, proprietary and intellectual property related rights anywhere in the world, that exist as of the Effective Date or hereafter come into existence, and all renewals and extensions of the foregoing, regardless of whether or not such rights have been registered with the appropriate authorities in such jurisdictions in accordance with the relevant legislation;
“Location” means the site at which the Equipment is installed as specified in Part 2 of the Schedule 1 hereto or such other location to which the Equipment is moved in accordance with this Agreement;
“Services” shall mean the repair services provided after the end of the contractual warranty against any manufacturing defect of the Equipment provided upon purchase of new Equipment as described in part 2 of Schedule 2 of this Agreement.
ARTICLE 2. SERVICES PROVIDED
INGENICO will provide to CUSTOMER the Services as described in Schedule 2 of this Agreement.
ARTICLE 3. INGENICO’S WARRANTIES, RIGHTS AND OBLIGATIONS
3.1. INGENICO warrants and represents to CUSTOMER that:
a) in carrying out the Services described in this Agreement that the best technical practices, skills, procedures, care and judgment will be employed;
b) it will provide the Services in a timely fashion as defined in the Agreement, as time is of the essence;
c) it will ensure the Services are provided with due care and skill and will be fit for the purpose required by CUSTOMER;
d) it is under no obligation or restriction, nor will assume any, that would interfere or present a conflict of interest with the Services performed hereunder;
e) it will comply with all applicable laws, rules and regulations as they relate to this Agreement and the Services provided by INGENICO.
3.2. INGENICO warrants that it has an ‘Occupational Health and Safety Policy’ appropriate for the Services and is competent in the performance of the Services and has a full understanding of the nature and character of the Services and the necessary safety requirements.
3.3. INGENICO will comply with any safety policies and practices required by CUSTOMER, any other relevant party or by any applicable legislation, industry practices or relevant codes in connection with the Services, as applicable.
3.4. INGENICO warrants that any repaired Equipment (consumables, accessories and batteries excluded) will be free from defects in workmanship (labour and parts included but travelling excluded) during a period of thirty (30) calendar days from the date of delivery of the Equipment to CUSTOMER, whether such delivery is handled by INGENICO or CUSTOMER directly. Such warranty is provided subject to the fact that the Equipment is returned with the same defect (so-called second return’).
Services are provided subject to the Equipment being used under normal conditions. INGENICO has the choice to repair the Equipment with spare parts or new parts, replace the Equipment by a new piece, or in good working order. The defective elements, repaired, shall become the property of INGENICO. The work shall be carried out at INGENICO’s premises and CUSTOMER shall have to pay the travel costs of the Equipment (transport and insurance) to and from INGENICO, except if the Parties have agreed otherwise in writing.
3.5. SUBJECT TO LEGAL MANDATORY PROVISIONS, THE EXPRESS WARRANTIES SET FORTH IN ARTICLE 3 ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED.