Condition of the Equipment it will keep and maintain, and will ensure that each Trading Company keeps and maintains, its Equipment in good operating condition and repair (ordinary wear and tear excepted) and will make all necessary replacements;
Condition of the Equipment. EACH LESSEE ACKNOWLEDGES AND AGREES THAT ALTHOUGH LESSOR WILL OWN AND HOLD LEGAL TITLE TO THE EQUIPMENT, LESSEES, JOINTLY AND SEVERALLY, ARE RESPONSIBLE (A) FOR THE SELECTION OF THE EQUIPMENT, EACH PART THEREOF AND THE MANUFACTURER THEREOF AND THE TERMS AND CONDITIONS RELATING TO THE MANUFACTURE, PURCHASE AND SHIPMENT THEREOF, (B) FOR THE DESIGN, SIZE, CAPACITY, DEVELOPMENT, BUDGETING, CONSTRUCTION, SHIPMENT, INSTALLATION, TESTING AND PLACEMENT IN SERVICE OF THE EQUIPMENT, AND (C) ANY ALTERATIONS OR MODIFICATIONS AND ALL ACTIVITIES CONDUCTED IN CONNECTION THEREWITH. EACH LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR IS NOT THE MANUFACTURER OF THE EQUIPMENT OR ANY PART THEREOF NOR IS IT A DEALER IN PROPERTY OF SUCH KIND. EACH LESSEE FURTHER ACKNOWLEDGES AND AGREES THAT IT IS LEASING THE EQUIPMENT “AS IS” WITHOUT REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) BY LESSOR, COLLATERAL AGENT OR ANY OF THE LENDERS AND IN EACH CASE SUBJECT TO (A) THE EXISTING STATE OF TITLE (INCLUDING THE INTERESTS OF ANY SELLER OR ANY OTHER PERSON HAVING AN INTEREST IN THE EQUIPMENT, BUT EXCLUDING LESSOR LIENS), (B) THE RIGHTS OF ANY PARTIES IN POSSESSION THEREOF AND ANY SUCH PERSON’S SUCCESSORS, ASSIGNS, INVITEES, LICENSEES, LESSEES, SUBLESSEES OR ANY OTHER PERSONS CLAIMING BY OR THROUGH ANY SUCH PERSON, (C) ANY STATE OF FACTS WHICH AN ACCURATE PHYSICAL INSPECTION MIGHT SHOW, AND (D) VIOLATIONS OF REQUIREMENTS OF LAW WHICH MAY EXIST ON THE DATE HEREOF OR ON THE DELIVERY DATE FOR THE EQUIPMENT. NONE OF LESSOR, COLLATERAL AGENT OR ANY OF THE LENDERS HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATION, WARRANTY OR COVENANT (EXPRESS OR IMPLIED) OR SHALL BE DEEMED TO HAVE ANY LIABILITY WHATSOEVER AS TO THE TITLE (OTHER THAN FOR LESSOR LIENS), MERCHANTABILITY, VALUE, HABITABILITY, USE, CONDITION, DESIGN, OPERATION, OR FITNESS FOR USE FOR ANY PURPOSE OF ANY OF THE EQUIPMENT (OR ANY PART THEREOF), THE ABILITY OF ANY OF THE EQUIPMENT TO PERFORM ANY FUNCTION, OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE EQUIPMENT (OR ANY PART THEREOF), AND NONE OF LESSOR, COLLATERAL AGENT OR ANY OF THE LENDERS SHALL BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN (OTHER THAN FOR LESSOR LIENS) OR THE FAILURE OF ANY OF THE EQUIPMENT OR ANY PART THEREOF, TO COMPLY WITH ANY REQUIREMENT OF LAW. EACH LESSEE HAS BEEN AFFORDED FULL OPPORTUNITY TO INSPECT THE EQUIPMENT TO BE LEASED BY IT HEREUNDER, IS SATISFIED WITH THE RESUL...
Condition of the Equipment. 11.1 The equipment has been inspected by Maan Rental ODE ApS and verified to be functioning properly before it is delivered to the Customer.
11.2 Upon receipt of the equipment, the Customer must thoroughly examine the equipment and immediately inform Maan Rental ODE ApS in writing of any visible defects. If the equipment is picked up outside Maan Rental ODE ApS´ opening hours, the Customer can report any defects in writing in Maan Rental ODE ApS secure system. When renting equipment for underwater use, it is especially important that the Customer checks that the equipment is watertight before use. Any question and/or doubt will need to be raised to Maan Rental ODE ApS in writing.
11.3 If the Customer does not inform Maan Rental ODE ApS of any visible defects immediately upon receipt of the equipment (meaning within same calendar day), the equipment is considered approved by the Customer.
11.4 Prior to using the equipment for any media production (commercial, TV and/or Film), the Customer should test the equipment, and any detected errors such as for instance pixel errors, sensor errors and the like must be reported to Maan Rental ODE ApS immediately (see section 9.3).
11.5 If any defects are found in the equipment, Maan Rental ODE ApS undertakes, at its discretion, to either replace the equipment with similar equipment (not necessarily the same type and year) or to credit the Customer the rent for the period that the equipment has been defective.
11.6 The equipment must be returned to Maan Rental ODE ApS clean and in the same condition as it was delivered (except for ordinary wear and tear).
11.7 Maan Rental ODE ApS identification marks should not at any time be removed from the equipment.
11.8 In case the equipment is not returned in the condition in which it was received, the Customer shall pay the by Maan Rental ODE ApS requested cleaning of the equipment (the hourly rate anytime given by MAAN Rental, currently a minimum hourly rate of DKK 495) and/or any repair and/or servicing of the equipment performed either by Maan Rental ODE ApS or third parties.
11.9 The Customer must pay full rent for the equipment until the equipment has been brought to the same condition as at the start of the rental period, and a total return of all the rented equipment has been made, incl. cables, manuals, packaging, etc. or if replacement is necessary, until new equipment has been purchased and delivered.
11.10 In case the Customer intentionally or by grossly negligent acti...
Condition of the Equipment. 6.6 You are responsible for determining whether the Equipment will be suitable and fit for your particular purposes.
6.7 By signing the Asset Handover Form, you agree that the Equipment is in good condition, clean, free from major damage or defect, fit for purpose and in accordance with this Agreement (Original Condition), unless expressly set out in the Original Condition Report, in which case the condition set out in the Original Condition Report will be deemed to be the Original Condition.
Condition of the Equipment. THE BORROWER agrees that it will return the Equipment in the same condition that it was in when it left the College, ordinary wear and tear not excepted. If THE BORROWER needs to repair or replace any equipment during the course of its use, it will do so at its own expense, and will be obligated to return the Equipment to the College at the end of the agreement. If the College determines that the Equipment is not in the same or better condition that it was when it left the College, it may repair or replace any piece or part of the Equipment and THE BORROWER will pay the cost upon receipt of a bone fide invoice.
Condition of the Equipment. NationsRent acknowledges that the Equipment may be either new or used equipment. BOSTON RENTAL MAKES NO WARRANTY AS TO THE EQUIPMENT AND FURTHER BOSTON RENTAL DOES HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS HEREBY ACKNOWLEDGED AND AGREED THAT THE EQUIPMENT IS RENTED “AS IS.” If Boston Rental receives from a provider of Equipment to it any warranty (express or implied) as to an item of Equipment, then a limited right to such warranty rights during the Term of such item of Equipment shall be deemed included in the rental of such item of Equipment by Boston Rental to NationsRent, to the extent not prohibited by the acquisition agreement between Boston Rental and such Equipment provider.
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 determination that the Equipment is appropriate for the Customer’s 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 of any problem with the Equipment. If, during Customer' 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 employees or agents, Customer will so notify DR, whereupon DR will then, at its option and without any other liability or responsibility by DR to Customer: (a) repair or suitably replace the Equipment within a reasonable time during 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 DR for damage to or maintenance of Equipment which is the responsibility of Customer. Customer agrees to provide full access to the Equipment to DR's representatives so as to enable DR to meet its responsibilities hereunder.
Condition of the Equipment. Lessor and Lessee have examined the Equipment and stipulate, represent and warrant that the Equipment is, at the date of this Lease, in good repair, and that no representation as to the condition or repairs thereof have been made by Lessor prior to at the execution of this Lease that are not herein expressed or endorsed herein.
Condition of the Equipment. Lessor represents and warrants that the Equipment is in good condition and repair, and it is in good operating condition.
