Responsibility for Damaged Equipment Clause Samples

Responsibility for Damaged Equipment. Technijian will replace any hardware component of the Services which fails in normal use to operate due to a defect in materials or workmanship at no fault of Client at no charge (however a trip charge will apply). For all other loss or malfunction, Technijian will repair or replace the defective part or equipment upon Client’s payment of the then current applicable hardware replacement fee. Client acknowledges and agrees that whether the equipment was damaged due to Client’s negligence will be determined by Technijian. Technijian may, at its expense, provide replacement equipment while the Services equipment is being repaired. Technijian may replace a defective component of the Services using new parts or parts manufactured from new, refurbished, or serviceable used parts that are functionally equivalent to new. The parts and products that are replaced become Technijian’s property. Charges may apply for additional services provided at the time of repair or replacement.