Actions by RES Clause Samples

Actions by RES. RES shall provide all service, repairs, and adjustments during the warranty period to the Equipment installed under terms of this Agreement, except for the maintenance that Customer is responsible for per Schedule J. Customer shall incur no cost for Equipment service, repairs, and adjustments during the warranty period, except for the maintenance as set forth in Schedule J where applicable, provided, however, that when the need for service, repairs or adjustments principally arises due to the negligence or willful misconduct of the Customer, its employees, agents and those for which they are responsible, RES may charge Customer for the actual cost of the service, repairs or adjustments insofar as such cost is not covered by any warranty or insurance proceeds.