Common use of Condition of the Equipment Clause in Contracts

Condition of the Equipment. Customer acknowledges having examined the Equipment upon its delivery to Customer. Customer’s acceptance or use of the Equipment without proper notice to FWGC that the Equipment is not in good mechanical condition constitutes Customer’s acknowledgement that the Equipment is in good mechanical condition at that time. If, during Customer’s possession of the Equipment, it is found by Customer not be in good mechanical condition, as a result of conditions not the responsibility of Customer, nor caused by the fault or negligence of Customer or Customer’s employees or agents, Customer will so notify FWGC, whereupon FWGC will then, at its option and without any other liability or responsibility by FWGC to Customer: (a) repair or suitably replace the Equipment within a reasonable time during FWGC’s normal working hours, with the commencement or running of the terms of this Agreement to be tolled for the period the Equipment is “down”; or (b) remove the Equipment and terminate this Agreement and refund payments of rental charges, if any, for the unexpired term of the Agreement, less whatever is due FWGC for damage to or maintenance of Equipment which is the responsibility of Customer. Customer agrees to provide full access to the Equipment to FWGC’s representatives so as to enable FWGC to meet its responsibilities hereunder. THE FOREGOING IS IN LIEU OF (1) ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND OF (2) ALL OBLIGATIONS OR LIABILITIES ON THE PART OF FWGC TO CUSTOMER FOR DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RENTING, MAINTENANCE, USE, OPERATION, STORAGE, OR TRANSPORTATION OF THE EQUIPMENT.

Condition of the Equipment. Customer acknowledges having inspected, examined and accepted the Equipment upon its delivery to Customer and that, as delivered to Customer, the Equipment is safe and in good operating condition and repair and is otherwise acceptable to Customer. Customer acknowledges and agrees that Customer has selected the Equipment based on Customer’s acceptance or use of the Equipment without proper notice to FWGC determination that the Equipment is not in good mechanical condition constitutes appropriate for the Customer’s acknowledgement that purposes, use, application and environment, and not based on any recommendation by DR. The Equipment is provided to Customer by DR AS IS, WHERE IS and without any warranty by DR as to its condition or appropriateness for the Customer’s purpose. The Equipment shall be deemed to be accepted by Customer upon delivery and subject to the terms and conditions of this Agreement if Customer does not notify DR in writing within 48 hours of delivery of the Equipment is in good mechanical condition at that timeof any problem with the Equipment. If, during Customer’s ' s possession of the Equipment, it is found by Customer not to be in good mechanical condition, as a result of conditions not the responsibility of Customer, nor caused by the fault or negligence of Customer or Customer’s ' s employees or agents, Customer will so notify FWGCDR, whereupon FWGC DR will then, at its option and without any other liability or responsibility by FWGC DR to Customer: (a) repair or suitably replace the Equipment within a reasonable time during FWGC’s DR' s normal working hours, with the commencement or running of the terms of this Agreement to be tolled for the period the Equipment is “"down”"; or (b) remove the Equipment and terminate this Agreement and refund payments of rental charges, if any, for the unexpired term of the Agreement, less whatever is due FWGC DR for damage to or maintenance of Equipment which is the responsibility of Customer. Customer agrees to provide full access to the Equipment to FWGC’s DR's representatives so as to enable FWGC DR to meet its responsibilities hereunder. THE FOREGOING IS IN LIEU OF (1i) ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE; AND OF (2ii) ALL OBLIGATIONS OR LIABILITIES ON THE PART OF FWGC DR TO CUSTOMER FOR DAMAGES, INCLUDING BUT NOT LIMITED TO TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RENTING, MAINTENANCE, USE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT.

Condition of the Equipment. Customer acknowledges having examined the Equipment upon its delivery to Customer. Customer’s acceptance or use The Equipment shall be deemed to be accepted by Customer upon delivery and subject to the terms and conditions of this Agreement if Customer does not notify Herc in writing within 48 hours of delivery of the Equipment without proper notice to FWGC that of any problem with the Equipment is not in good mechanical condition constitutes Customer’s acknowledgement that the Equipment is in good mechanical condition at that timeEquipment. If, during Customer’s ' s possession of the Equipment, it is found by Customer not to be in good mechanical condition, as a result of conditions not the responsibility of Customer, nor caused by the fault or negligence of Customer or Customer’s ' s employees or agents, Customer will so notify FWGCHerc, whereupon FWGC Herc will then, at its option and without any other liability or responsibility by FWGC Herc to Customer: (a) repair or suitably replace the Equipment within a reasonable time during FWGC’s Herc' s normal working hours, with the commencement or running of the terms of this Agreement to be tolled for the period the Equipment is “"down”"; or (b) remove the Equipment and terminate this Agreement and refund payments of rental charges, if any, for the unexpired term of the Agreement, less whatever is due FWGC Herc for damage to or maintenance of Equipment which is the responsibility of Customer. Customer agrees to provide full access to the Equipment to FWGC’s Herc' s representatives so as to enable FWGC Herc to meet its responsibilities hereunder. THE FOREGOING IS IN LIEU OF (1i) ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE; AND OF (2ii) ALL OBLIGATIONS OR LIABILITIES ON THE PART OF FWGC HERC TO CUSTOMER FOR DAMAGES, INCLUDING BUT NOT LIMITED TO TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RENTING, MAINTENANCE, USE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT.

Condition of the Equipment. Customer Lessee acknowledges having examined the Equipment upon its delivery to CustomerLessee. CustomerLessee’s acceptance or use of the Equipment without proper prompt notice to FWGC StoMachine Technology that the Equipment is not in good mechanical condition constitutes CustomerLessee’s acknowledgement that the Equipment is in good mechanical condition at that time. If, during CustomerLessee’s possession of the Equipment, it is found by Customer Lessee not to be in good mechanical condition, condition as a result of conditions not the responsibility of CustomerLessee, nor caused by the fault or negligence of Customer Lessee or CustomerLessee’s employees or agents, Customer Lessee will so notify FWGCStoMachine Technology, whereupon FWGC StoMachine Technology will then, at its option and without any other liability or responsibility by FWGC StoMachine Technology to Customer: customer; (a) repair or suitably replace the Equipment within a reasonable time during FWGCStoMachine Technology’s normal working hours, with the commencement or running of the terms of this Agreement to be tolled for the period the Equipment is “down”; or (b) remove the Equipment and terminate this Agreement and refund payments of rental charges, if any, for the unexpired un-expired term of the Agreement, less whatever is due FWGC StoMachine Technology for damage to or maintenance of Equipment which is the responsibility of CustomerLessee. Customer Xxxxxx agrees to provide full access to the Equipment to FWGCStoMachine Technology’s representatives so as to enable FWGC StoMachine Technology to meet its StoMachine Technology Master Equipment Lease Agreement responsibilities hereunder. Notwithstanding the foregoing provisions of this Paragraph 18, Xxxxxx agrees to indemnify and hold harmless StoMachine Technology, its subsidiary and affiliated companies, parent company and its and their officers, agents and employees, to the extent provided in Paragraph 13 of this Agreement. THE FOREGOING IS IN LIEU OF (1I) ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE; AND OF (2II) ALL OBLIGATIONS OR LIABILITIES LIABILITY ON THE PART OF FWGC STOMACHINE TECHNOLOGY TO CUSTOMER LESSEE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE RENTING, MAINTENANCE, USE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT.