Normal Wear and Tear. Customer agrees to return Equipment to Hawthorne in the same condition in which it was leased and, at Hawthorne’s discretion, agrees to compensate Hawthorne for any damage in excess of normal wear and tear. At Hawthorne’s discretion, a cleaning charge for one day’s rental or more may apply.
Normal Wear and Tear. Cape Air is not liable for minor damage such as scratches, scuffs, stains, dents, cuts and dirt resulting from normal wear and tear. For clarification purposes, damage beyond normal wear and tear to specific parts of baggage, such as wheels, straps, zippers, handles, and protruding parts, is not excluded from liability.
Normal Wear and Tear. Normal wear and tear is the natural and gradual deterioration that occurs when the Premises are used as a residence. Normal wear and tear does not include excessive and/or abusive use, misuse, negligence, carelessness, accident, criminal damage, vandalism, or theft, whether caused by Tenant, Occupants, guests, invitees, third-parties and/or trespassers (see also “Tenant Maintenance,” above). Normal wear and tear does not include holes (pinholes, nail holes, or otherwise), gouges, scratches, stains, xxxxx, and/or damage of any kind in the ceiling, walls, doors, floor coverings, and/or appliances.
Normal Wear and Tear. Defined as deterioration that results from the intended use of the commercial premises, including breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident or abuse of the premises, equipment or chattels by the Tenant, by a guest or invitee of the Tenant (Section 93.006[b]); Chapter 93 of the Texas Property Code entitled “Commercial Tenancies” Physical Deficiency (ies) – The presence of a conspicuous defect or defects and/or material deferred maintenance of a subject property’s material systems, components, or equipment as observed. Specifically excludes deficiencies that may be remedied with routine maintenance, miscellaneous minor repairs, normal operating maintenance, etc. (ASTM E2018-15).
Normal Wear and Tear. In the event any item of Equipment should break and become unserviceable during the rental period, Lessor shall be the sole arbitrator of whether such a break resulted from normal wear and tear, and if it did result from normal wear and tear, then the Rental Rate shall not apply after the date such Equipment is returned to Lessor’s premises. If, on the other hand, Lessor determines that such breaks resulted from misuse, improper use or any reason other than normal wear and tear, the Equipment shall be immediately returned to Lessor. Lessee shall pay the costs of repairs, and the Rental Rate shall continue until repairs are completed.
Normal Wear and Tear. The Seller’s liability is limited only by defects that occur within one year of the delivery of the product. If the product is used more intensively than agreed, this period will be reduced to an appropriate degree. The Buyer shall immediately notify the Seller of the defect, without undue delay after the defect has been discovered, and in any event no later than within 2 weeks of the expiration of the term. The notification shall describe what the defects are. If the Buyer fails to notify the Seller in writing of the defect within the above period, the Buyer loses the right to claim the defect. If there is any reason to believe that the defect may present a risk of damage, this should be reported immediately. Failure to notify immediately will result in the Buyer losing its right to claim damages to the product that would have been avoided if such notice had been given in due time. The Seller shall not be liable for any defects other than those stated above. This applies to any losses that may be caused by defects, such as operating losses, lost profits and other financial consequences.