Common use of Loss; Damage Clause in Contracts

Loss; Damage. If any item of Equipment is lost, damaged and/or destroyed during the Rental Term and/or any such period in which Customer is otherwise in possession and/or custody of the Equipment, regardless of the cause, Customer shall immediately pay to A-Frame, upon A-Frame’s request thereof, the actual retail replacement cost without deduction for depreciation of such item, provided that if any item is returned in a condition that A-Frame in its sole and absolute discretion deems is repairable, Customer shall pay to A-Frame the actual or estimated cost of such repair as determined by A-Frame. Customer shall also be responsible for the loss of the Equipment by A-Frame during the time it is being repaired or replaced, as applicable. Loss of use shall be calculated with reference to the actual rental price of the applicable Equipment, without reference to whether or not such Equipment would actually have been rented.

Loss; Damage. If any item of Equipment is lost, damaged and/or destroyed during the Rental Term and/or any such period in which Customer is otherwise in possession and/or custody of the Equipment, regardless of the cause, Customer shall immediately pay to A-Frame, upon A-Frame’s request thereof, the actual retail replacement cost without deduction for depreciation of such item, provided that if any item is returned in a condition that A-A- Frame in its sole and absolute discretion deems is repairable, Customer shall pay to A-Frame the actual or estimated cost of such repair as determined by A-Frame. Customer shall also be responsible for the loss of the Equipment by A-Frame during the time it is being repaired or replaced, as applicable. Loss of use shall be calculated with reference to the actual rental price of the applicable Equipment, without reference to whether or not such Equipment would actually have been rented.