TEKTRONIX TERMS AND CONDITIONS FOR LOANED EQUIPMENTThe Tektronix Terms and Conditions for Loaned Equipment (“Loan Terms”) are inclusive of the Tektronix Worldwide Terms and Conditions of Sale or Service as applicable. The Loan Terms
set forth the rights, duties and obligations of Tektronix and the Customer with respect to the Equipment loaned to Customer by Tektronix. If any Loan Terms are conflicting between the LoanTerms and the Tektronix Worldwide Terms and Conditions of Service, the Loan Terms will take precedence.
Tektronix Service Plan descriptions and datasheets are available on the Tektronix website at http://www.tek.com/service/choose-service-plan.
THIS IS NOT A CONTRACT OF INSURANCE
DEFINITIONS“Loaned Equipment” means products loaned to Customer by Tektronix for use by the Customer for a specified period of time.
“Loan Period” means the period of time from the date the Customer receives the Loaned Equipment from Tektronix until Customer returns the Loaned Equipment to Tektronix as outlined
in a Service Agreement.
1.

Customer Use and Return of Loaned Equipment.
a.

Customer may use Loaned Equipment only at the location(s) specified in the Service Agreement.

b.

Customer must return Loaned Equipment at the end of the Loan Period, or earlier upon request from Tektronix to the address specified by Tektronix.

c.

All Loaned Equipment must be returned in the same condition as received by Customer, less ordinary wear and tear.

d.

If Customer fails to return any Loaned Equipment within five (5) business days after the end of the Loan Period or when Tektronix requests an earlier return, Tektronix may
charge Customer current market rental for each day the Loaned Equipment is late.

e.

If Customer fails to return the Loaned Equipment within twenty-one (21) calendar days after the end of the Loan Period or when Tektronix requests an earlier return, Customer
will pay to Tektronix the full current manufacturer’s suggested retail price for the applicable Loaned Equipment, or the comparable price for similar equipment if the Equipment is
no longer on the market. Tektronix will invoice Customer for such amounts and Customer will pay the full balance to Tektronix within thirty (30) days after the invoice date.

2.

Availability. Loaned Equipment is subject to availability. If Loaned Equipment is not available when requested, Tektronix will make reasonable efforts to obtain and provide Loaned
Equipment to Customer. The Loaned Equipment may have a different model number and configuration as the covered Equipment.

3.

Software License. All Loaned Equipment is subject to Tektronix EULA. The terms of which can be viewed here.

4.

Title. All right, title and interest in and to the Loaned Equipment will remain with Tektronix or third parties from whom Tektronix has obtained such rights. Customer will not cause orpermit any lien or encumbrance to be placed on the Loaned Equipment, nor will Customer cause or permit any modifications to the Loaned Equipment.

5.

Warranty and Disclaimer. THE LOANED PRODUCTS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TEKTRONIX AND ITS VENDORSSPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OFWHETHER TEKTRONIX IS MADE AWARE OF THE INTENDED PURPOSE.

6.

ESD and EOS Damage Coverage.
a.

Loaned Equipment will not be provided for Customer’s Equipment failures caused by Electrostatic Damage (“ESD”) and Electrical Over Stress (‘EOS”) in excess of 3 events peryear.

b.

Repairs for failures caused by ESD and EOS in excess of 3 events per year will be charged at the then-current standard repair price minus applicable discounts.

7.

Service Maintenance. Tektronix will service and maintain Loaned Equipment at no cost to Customer except costs attributable to Customer’s negligence or abuse. Customer will permit
Tektronix reasonable access to the Loaned Equipment for the purpose of providing such service and maintenance and will notify the nearest Tektronix field office whenever suchservice or maintenance is necessary.

8.

Export Restrictions: The Loaned Equipment may be subject to export licensing and other restrictions under U.S. law and regulations and may not be removed from the location(s)specified in the Service Agreement unless Customer first obtains the written consent of Tektronix and any necessary governmental export license, authorization or approval.

9.

Risk of Loss and Damage. Customer will bear the risk of loss and damage to the Loaned Equipment during the Loan Period and through return shipment, until received by Tektronix.

10.

Termination. Customer's obligations under any Service Plan with respect to Loaned Equipment will survive any termination of the Loan Period for any reason whatsoever.

Rev. 8.16.2022