Repairs and Changes. Unless otherwise agreed upon in writing, Customer shall not make any alterations, additions, or improvements to the Equipment without Company's prior written consent. Customer shall obtain the written consent of the Company prior to making any alterations or modifications to the Equipment. All approved and completed alterations or modifications shall become part of the Equipment, and title thereto shall vest in the Company. The alterations or modifications undertaken by Customer shall be performed and completed in workmanlike manner and pursuant to best industry standards. If the Equipment goes down for maintenance or repairs while in Customer's service, Customer must notify Company of same and Company shall, at its sole option, either (i) arrange for the return of the down Equipment, and make arrangements to send Customer Equipment to replace it (and Customer shall pay all costs related to transportation of the Equipment); or (ii) arrange for the repair of the Equipment by a qualified technician (and Customer shall pay for travel time, mileage, labor, and parts for the services of each such technician). Additionally, the Parties hereto acknowledge that the Equipment is unique in design and manufacture, and as to Company, it is inherently valuable as rental Equipment. Therefore, in the event of damage to the Equipment, regardless of whether ultimately deemed a total loss, Company and Customer agree that the loss to Company comprises, in addition to the Replacement Cost or cost of labor and parts to repair the Equipment, storage, handling and transportation costs, travel time, mileage, and other such incidental costs, the loss of use of such rental Equipment (rentals) until it can be fully repaired or replaced. In such event, Customer shall also be liable for, and agrees to pay within thirty (30) days from receipt of Company's invoice, the loss of use and rentals which such damaged Equipment could have produced, at Company’s then current published rental rate, for such period of time which elapses from the loss until the Equipment can be repaired or replaced.
Repairs and Changes
