Common use of Malfunction Clause in Contracts

Malfunction. 7.1. The Supplier warrants that the Equipment shall substantially conform to its specification (as made available by the Supplier), be of satisfactory quality and fit for any purpose held out by the Supplier. The Supplier shall use reasonable endeavours to remedy any material defect in the Equipment, provided that: 7.1.1. the Hirer notifies the Supplier of any defect in writing within 2 working days of the defect occurring; 7.1.2. the Supplier is permitted to make a full examination of the alleged defect; 7.1.3. the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Supplier’s authorised personnel; 7.1.4. the defect did not arise out of any information, design or any other assistance supplied or furnished by the Hirer or on its behalf; and 7.1.5. the defect is directly attributable to defective material, workmanship or design. 7.2. Insofar as the Equipment comprises or contains equipment or components which were not manufactured or produced by the Supplier, the Hirer shall be entitled only to such warranty or other benefit as the Supplier has received from the manufacturer. 7.3. If the Supplier fails to remedy any material defect in the Equipment in accordance with clause 7.1, the Supplier shall, at the Hirer’s request, accept the return of defective Equipment and repair or replace such Equipment. If repair or replacement is not in the Supplier’s reasonable opinion viable, an appropriate reduction to the Rental Payments payable during the remaining term of the agreement shall be made and, if relevant, the return any Deposit to the extent applicable to such Equipment. 7.4. The Hirer shall indemnify the Supplier in relation to all costs, expenses and losses (including loss of future business) and/or damage suffered or incurred by the Supplier arising from any malfunction of the Equipment caused by or related to the negligence of the Hirer, its officers, employees, agents and contractors, or the improper storage or distribution, and/or misuse of the Equipment.

Malfunction. 7.16.1. The Supplier warrants that the Equipment shall substantially conform to its specification (as made available by the Supplier), be of satisfactory quality and fit for any purpose held out by the Supplier. The Supplier shall use reasonable endeavours to remedy any material defect in the Equipment, provided that: 7.1.16.1.1. the Hirer notifies the Supplier of any defect in writing within 2 working days of the defect occurring; 7.1.26.1.2. the Supplier is permitted to make a full examination of the alleged defect; 7.1.36.1.3. the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Supplier’s authorised personnel; 7.1.46.1.4. the defect did not arise out of any information, design or any other assistance supplied or furnished by the Hirer or on its behalf; and 7.1.56.1.5. the defect is directly attributable to defective material, workmanship or design. 7.26.2. Insofar as the Equipment comprises or contains equipment or components which were not manufactured or produced by the Supplier, the Hirer shall be entitled only to such warranty or other benefit as the Supplier has received from the manufacturer. 7.36.3. If the Supplier fails to remedy any material defect in the Equipment in accordance with clause 7.16.1, the Supplier shall, at the Hirer’s request, accept the return of defective Equipment and repair or replace such Equipment. If repair or replacement is not in the Supplier’s reasonable opinion viable, an appropriate reduction to the Rental Payments payable during the remaining term of the agreement shall be made and, if relevant, the return any Deposit to the extent applicable to such Equipment. 7.46.4. The Hirer shall indemnify the Supplier in relation to all costs, expenses and losses (including loss of future business) and/or damage suffered or incurred by the Supplier arising from any malfunction of the Equipment caused by or related to the negligence of the Hirer, its officers, employees, agents and contractors, or the improper storage or distribution, and/or misuse of the Equipment.