Malfunctioning Equipment. If any of the Equipment rented under the Rental Agreement should become inoperable or fail to function in the manner for which it was designed ("Malfunctioning Equipment"), Company shall promptly notify Lessor. Company shall have the option, in its sole discretion, to repair the Malfunctioning Equipment itself or at a repair facility reasonably selected by Company at Lessor’s expense, or, if Company requires, Lessor agrees to replace said Malfunctioning Equipment with operable replacement Equipment ("Replacement Equipment") of at least equal quality and capability as shortly thereafter as may be reasonably commercially possible. Provided the Malfunctioning Equipment's failure to perform is not the result of Company's sole negligence, there shall be no additional charge for the Replacement Equipment. If Lessor is unable to provide Replacement Equipment or repair the Malfunctioning Equipment within twenty-four (24) hours from notice by Company, then Company shall have the option, at Company's discretion, to: (a) accept Replacement Equipment of lesser quality at a reduced rate for the remainder of the rental period; (b) terminate the rental of the Malfunctioning Equipment, while continuing the rental of other functioning equipment, and receive a reduced rental rate reflecting the loss of the Malfunctioning Equipment; or (c) terminate the Rental Agreement in its entirety and return all Equipment rented hereunder. If the Rental Agreement is terminated, then all rental charges shall cease on the date of Lessor's receipt of the Malfunctioning Equipment and/or any other rental Equipment pursuant to the Rental Agreement at Lessor's facilities, and Lessor shall refund the pro-rated portion of the rental fee already paid to which Company is entitled. If any rental charges are due as of the date of termination, Company shall pay same within ten (10) days from the date upon which the Rental Agreement was terminated.
Malfunctioning Equipment. 2.1. Call center representative (CSR) follows prescribed procedures as defined by Comverge and approved by PacifiCorp
Malfunctioning Equipment. Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Customer. If such condition is the result of normal operation, Owner will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. Customer has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must return the equipment to the store Location within 24 hours from the time of defect in order to terminate rental charges.
Malfunctioning Equipment. Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify United. If such condition is the result of normal operation, United will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. United has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse, neglect or any other use of the Equipment in breach of this Agreement by Customer. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure.
Malfunctioning Equipment. Should the Equipment become unsafe, malfunction or require repair, Lessee shall immediately cease using such Equipment and immediately notify the Lessor. If such condition is the result of normal operation, Lessor will repair or replace the Equipment with similar Equipment in working order if such replacement Equipment is available. Lessor has no obligation to replace Equipment rendered inoperable by misuse, abuse or neglect.
Malfunctioning Equipment. Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify. If such condition is the result of normal operation, will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. Has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer's sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customers must return the Equipment to the Store Location within twenty-four (24) hours from the time of defect in order to terminate rental charges.
Malfunctioning Equipment. In the case of malfunctioning Equipment, Lessor’s only liability to Lessee is for the portion of Rent applicable to the time period that the Equipment was nonfunctioning or delayed in transit. Lessor shall not be responsible for any consequential or incidental damages resulting from malfunctions.
Malfunctioning Equipment. Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Xxxxx (but in any event no later than two business days following discovery of the defect). If such condition is the result of normal operation, Xxxxx will repair or replace the Equipment with similar Equipment in working order, if such replacement Equipment is available. Xxxxx has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure, as substantiated by documentary evidence. Customer must return the Equipment to the Store Location within 24 hours from the time of a documented defect in order to terminate the rental charges.
Malfunctioning Equipment. Customer agrees to test the Equipment prior to placing it in service, to notify COMPANY immediately of any condition impairing the safe or effective operation or mechanical condition of the Equipment, and to refrain from using, or to discontinue using the Equipment until such condition is corrected.
Malfunctioning Equipment. Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Big Country Equipment Rental and Sales. If such condition is the result of normal operation, Big Country Equipment Rental and Sales will repair or replace the Equipment with reasonably similar Equipment in working order, if such replacement Equipment is available. Big Country Equipment Rental and Sales has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must return the Equipment to the Store Location within 24 hours from the time of defect in order to terminate rental charges.
