ORDINARY WEAR AND TEAR. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment on a one-shift basis. Damage, which is not “ordinary wear and tear,” includes, but is not limited to, damage resulting from lack of fuel, lubrication or contaminated fuel, failure to maintain proper oil, water, hydraulic or air pressure levels, damage due to overturning, overloading or exceeding rated capacities, improper use, abuse, lack of cleaning and tire damages. Customer shall be responsible for all loss and damage not caused by ordinary wear and tear.
ORDINARY WEAR AND TEAR. Ordinary wear and tear is based on the customary use of the land/facilities, and not the use resulting from the incident.
ORDINARY WEAR AND TEAR. Any movable trade fixtures and personal property that may be removed from the Premises by the Tenant at the end of the Lease term, but which are not so removed, shall be conclusively presumed to have been abandoned by the Tenant and title to such property shall pass to the Landlord without any payment or credit; or, the Landlord may, at is option, either store or dispose of such trade fixtures and personal property at the Tenant's expense.
ORDINARY WEAR AND TEAR. FAFCO warranty coverage does not apply to conditions arising from ordinary wear and tear or that may occur in normal operations over time or to the normal effects of exposure to weather conditions over time. Normal fading and minor deterioration of exterior surfaces resulting from exposure to the elements are specifically not covered unless the fading is the result of a defect in materials or workmanship and affects actual performance of the Collector.
ORDINARY WEAR AND TEAR. Landlord discloses to Tenant that some things simply wear out in the normal course of use. For example, carpets, garbage disposals or draperies wear out. We define this as “wear and tear.” Landlord and Tenant understand that some things are beyond “ordinary wear and tear.” Broken windows; stains in carpets; dirty carpets; stained, dirty, or torn draperies; damaged blinds; dirty or greasy appliances; dirty rooms; dirty or scratched or tobacco stained walls/woodwork; dirty, stained, or scratched floors; excessive nail holes or other holes in walls; are not the result of ‘‘ordinary wear and tear.” When a Tenant rents a freshly painted apartment, it is expected with ordinary care that the paint should last three years. If a Tenant moves in less than one year and painting is required, the outgoing Tenant will be charged sixty-six percent, 66 % of the cost of the painting. If a Tenant moves after the first year but less than two years and painting is required, the outgoing Tenant will be charged thirty-three percent, 33 % of the cost of the painting. If the Tenant remains more than two years, Landlord will not charge for painting unless there is clear evidence of Tenant abuse in the unit. Likewise, if at the termination of tenancy, the unit is left damaged or dirty beyond the ordinary wear and tear defined in this paragraph, the Tenant will be charged up to a maximum of three (3) days rent for the time required for cleaning and repairs, plus the cost of the cleaning and repairs.
ORDINARY WEAR AND TEAR. Ordinary Wear and Tear," shall mean normal deterioration resulting from the proper and intended use of the Equipment in accordance with the terms of this Rental Agreement. Any damage to or deterioration of the Equipment resulting from any use of the Equipment other than ordinary use is not Ordinary Wear and Tear. Damage to or deterioration of the Equipment which is not "Ordinary Wear and Tear" includes without limitation, theft, mysterious disappearance, damage due to overloading or exceeding rated capacities, nonstandard use, overuse, overturning, tire damage, transportation or operation without required or recommended coolants, lubricants, hydraulic fluid, air pressure levels, supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents and intentional damage and any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.
ORDINARY WEAR AND TEAR. Vehicle(s) shall be in the same condition as originally delivered, except for ordinary wear and tear. Ordinary wear and tear is the result of normal operating conditions with routine preventative maintenance. Normal operating conditions excludes collisions with other vehicles or objects. Proper preventative maintenance must comply with vehicle manufacturer recommended guidelines and standards for the most severe or stringent level specified. The following shall not be considered ordinary wear and tear: Scratch(s) in excess of 4.0 inches in length that break the paint or surface of any body panel, lens, body molding, or window trim Four (4) or more scratches of 1.0 inch in length that break the paint or surface of any body panel, lens, body molding, or window trim Dent(s) in excess of 2.0 inches in diameter to any body panel or body molding Four (4) or more dents of 1.0 inch diameter or greater per body panel or bumper Hole(s) in frame, any sheet metal, or body panel, including holes caused by rust or unauthorized modification Less than 6/32 (front) or 4/32 (rear) of an inch tire tread depth in any groove except the outer grooves Any tire with internal belts or casing showing Any tire with size or rating that differs from original equipment Mismatched, bent, cracked or broken wheels, wheel covers, or trim rings Tire side wall damage or repair plugs Any tire damage affecting the ability to recap the casing Elongation of any wheel lug hole Any missing wheel lug nut Stains, cuts, or tears to upholstery in excess of 0.5 inch Burn holes in upholstery or gouges in any interior surface in excess of 0.125 inch Brake pad depth of less than 3.0mm, rotor thickness equal to or less than the indicated minimum, or rotor run out greater than 5.0%. Unrepaired glass chip or crack in excess of 1.0 inch in diameter or length Paint damage due to organic fallout (insect decomposition, bird droppings) Paint damage due to Provider applied decals not authorized by Veolia or SFTMA Holes drilled in the vehicle body (except as authorized by Veolia or SFTMA) Stone chips of greater than Dent(s) in excess of 4.0 inches in diameter to any bumper Any hole, crack, tear or damage through any bumper Any modification that voids the original equipment manufacturer’s warranty Any repair or existing condition not meeting the manufacturer’s specifications, for instance excessive play in the steering column Poor repairs or alterations that detrac...
ORDINARY WEAR AND TEAR. The term “ordinary wear and tear” wherever used in this CHARTER shall mean and include only the following: (i) thinning of paint due to the action of time and elements; (ii) scuffing of paint by rubber tired vehicles and properly fendered tugs; (iii) rust or corrosion due to contact with sea water and air; and (iv) fouling of hull by growth of marine organisms. Ordinary wear and tear shall not include damage to the VESSEL’S deck, internals and hull that results from the CHARTERER’S intended usage of the VESSEL or otherwise.
ORDINARY WEAR AND TEAR. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment on a one-shift basis. Damage which is not “ordinary wear and tear” includes but not limited to: damage from lack of fuel or lubrication; failure to maintain proper oil, water, hydraulic or air pressure levels; damage due to overturning, overloading or exceeding rated capacities; improper use; abuse; ;lack of cleaning; tire damages; damage caused by loading and unloading by RENTER. RENTER shall be responsible for all damage not caused from ordinary wear and tear. 7. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. RENTER agrees not to use or allow anyone to use the equipment for any illegal purpose or any illegal manner. RENTER acknowledges that OWNER has no physical control over the use of the equipment. RENTER agrees at his sole cost and expense to comply with all municipal, regional, provincial and federal laws, ordinances and regulations (including Work Safe BC) which may apply to the use of the equipment during rental period. RENTER further agrees to pay all licenses, fees, permits or taxes arising from his/her use of the equipment, including any subsequently determined to be dues as a result of an audit. RENTER shall not allow any person who is not qualified to operate the equipment or use the equipment. RENTER shall not allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe condition or situation; modify, harm or abuse the equipment; permit any repairs to the equipment without OWNER’s written permission; or, allow a lien to be placed upon the equipment, RENTER agrees to check filters, oil, fluid levels, air pressure, clean and visually inspect the equipment at least daily and to discontinue use and immediately notify OWNER when equipment is found to need repair or maintenance. RENTER acknowledges that OWNER has no responsibility to inspect the equipment while it is in RENTER’s possession. If the equipment becomes unsafe or requires repair, RENTER shall discontinue using it and notify OWNER immediately.