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Legal

Hardware Policy

In effect from 1 May 2025

Effective Date: 01-05-2025

This Hardware Ownership & Liability Policy (“Policy”) sets out the terms governing the ownership, use, maintenance, liability, and return of hardware supplied by Wastify AI Ltd (“Wastify”, “we”, “our”, “us”). This Policy applies to all clients and partners (“Clients”, “you”, “your”) who receive hardware from Wastify in connection with a service agreement.

1. Ownership of Hardware

1.1 All hardware supplied by Wastify, including but not limited to RFID readers, industrial scales, smart terminals, kiosks, tablets, and associated accessories (“Hardware”), shall remain the sole property of Wastify at all times. 1.2 Clients are granted only a limited right to use the Hardware for the duration of their active service agreement with Wastify. No ownership, title, or interest in the Hardware shall pass to the Client at any time. 1.3 Clients acknowledge that the provision of Hardware forms part of the contracted services and that no upfront hardware purchase cost is incurred.

2. Use of Hardware

2.1 Hardware must only be used for its intended purpose in connection with Wastify services. 2.2 Clients shall not modify, tamper with, sub-lease, resell, or otherwise misuse the Hardware. 2.3 Relocation, reinstallation, or integration of the Hardware into other systems may only occur with Wastify’s prior written consent.

3. Upgrades and Replacement

3.1 Wastify reserves the right, at its sole discretion, to update, upgrade, replace, or exchange Hardware during the term of a service agreement. 3.2 Such upgrades may be carried out to improve performance, maintain compatibility, or ensure continued compliance with technical or security standards. 3.3 Clients shall not refuse upgrades or replacements reasonably required to ensure ongoing service delivery.

4. Third-Party Hardware

4.1 Certain Hardware components may be manufactured or supplied by third parties. 4.2 Wastify makes no independent warranties, express or implied, in respect of such third-party Hardware beyond those offered by the original manufacturer. 4.3 Any manufacturer warranties are managed by Wastify on behalf of the Client, provided the Hardware has been used in accordance with this Policy.

5. Client Responsibilities

5.1 Clients are responsible for exercising reasonable care and safeguarding the Hardware while in their possession. 5.2 Clients must ensure the Hardware is operated in a safe environment and in accordance with any operating instructions provided by Wastify. 5.3 Clients must promptly notify Wastify of any malfunction, damage, theft, or loss of Hardware. 5.4 Clients are responsible for ensuring appropriate site conditions, including but not limited to stable power supply, network connectivity, and safe installation space, for the operation of Hardware.

6. Damage, Loss, or Misuse

6.1 Wastify shall not be liable for any damage, malfunction, or failure of the Hardware resulting from misuse, negligence, tampering, unauthorised repair, alteration, relocation, accident, fire, water damage, power surges, environmental conditions, or any cause outside Wastify’s reasonable control. 6.2 In the event of damage, loss, or theft of the Hardware, Wastify reserves the right to charge the Client for repair or replacement at current market value. 6.3 Wastify shall not be responsible for downtime, business interruption, data loss, or other indirect or consequential damages arising from Hardware failure, damage, or unavailability.

7. Liability

7.1 To the fullest extent permitted by law, Wastify disclaims all liability for indirect, incidental, special, or consequential damages arising from the use or non-use of the Hardware. 7.2 Wastify’s total liability in relation to any defective Hardware shall be limited solely to repair or replacement of the affected unit, at Wastify’s discretion. 7.3 Nothing in this Policy excludes or limits Wastify’s liability for death or personal injury caused by its negligence, fraud, or any other liability which cannot be excluded by law.

8. End of Contract and Return of Hardware

8.1 Upon expiry or termination of a service agreement, Clients must make all Hardware available for collection by Wastify, or return it promptly in accordance with Wastify’s instructions. 8.2 Hardware must be returned in good working order, save for fair wear and tear. 8.3 If Hardware is not returned, or is returned in an unfit condition (beyond fair wear and tear), Wastify reserves the right to invoice the Client for the cost of repair or replacement. 8.4 Wastify reserves the right to access client premises, upon reasonable notice, to recover Hardware if it is not returned voluntarily.

9. Indemnity

9.1 Clients agree to indemnify and hold harmless Wastify from any claims, losses, damages, costs, or expenses (including legal fees) arising from:

  • misuse or unauthorised use of Hardware;
  • damage, theft, or loss of Hardware while in Client’s possession;
  • any third-party claims resulting from Client’s operation of the Hardware.

10. Policy Changes

Wastify reserves the right to update or amend this Policy at any time to reflect changes in law, technology, or business practices. Clients will be notified of material changes.