Common use of Condition of Equipment Upon Return Clause in Contracts

Condition of Equipment Upon Return. Customer will return Equipment together with all accessories, free from all damage, and in the same condition and appearance as when received by Customer, allowing for ordinary wear and tear (“Rental Ready”). Ordinary wear and tear of Equipment shall mean only the normal deterioration of Equipment caused by ordinary and reasonable use during the time used. The following shall not be deemed reasonable wear and tear: (i) damage resulting from the lack of lubrication, insertion of improper fuel, or maintenance of necessary oil, water and air pressure levels; (ii) any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (iii) damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity of Equipment; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; and (vi) any other damage to Equipment which is not considered ordinary and reasonable in the equipment rental industry.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

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Condition of Equipment Upon Return. Customer will return Equipment together with all accessories, free from all damage, and in the same condition and appearance as when received by Customer, allowing for ordinary wear and tear (“Rental Ready”). Ordinary wear and tear of Equipment shall mean only the normal deterioration of Equipment caused by ordinary and reasonable use during the time used. The following shall not be deemed reasonable wear and tear: : (i) damage resulting from the lack of lubrication, insertion of improper fuel, or maintenance of necessary oil, water and air pressure levels; (ii) any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (iii) damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity of EquipmentEquipment or operating equipment in extreme temperature environments; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; and (vi) any other damage to Equipment which is not considered ordinary and reasonable in the equipment rental industry.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

Condition of Equipment Upon Return. Customer will return Equipment together with all accessories, free from all damage, and in the same condition and appearance as when received by Customer, allowing for ordinary wear and tear (“Rental Ready”). Ordinary wear and tear of Equipment shall mean only the normal deterioration of Equipment caused by ordinary and reasonable use during the time used. The following shall not be deemed reasonable wear and tear: : (i) damage resulting from the lack of lubrication, insertion of improper fuel, or maintenance of necessary oil, water and air pressure levels; (ii) any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (iii) damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity of Equipment; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; and (vi) any other damage to Equipment which is not considered ordinary and reasonable in the equipment rental industry.

Appears in 1 contract

Samples: Rental Agreement

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Condition of Equipment Upon Return. Customer will return the Equipment together with all accessories, free from all damage, and in the same condition and appearance as when received by Customer, allowing for ordinary wear and tear (“Rental Ready”). Ordinary wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use during the time used. The following shall not be deemed reasonable wear and tear: (i) damage resulting from the lack of lubrication, insertion of improper fuel, or maintenance of necessary oil, water and air pressure levels; (ii) any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; (iii) damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity of the Equipment; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; and (vi) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.

Appears in 1 contract

Samples: Rental Agreement

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