Common use of Condition of the Equipment Clause in Contracts

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. THE FOREGOING IS IN LIEU OF (i) 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 (ii) ALL OBLIGATIONS OR LIABILITIES ON THE PART OF DR 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, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT.

Condition of the Equipment. Customer Lessee acknowledges having inspected, examined and accepted the Equipment upon its delivery to Customer and that, as delivered to Customer, Lessee. Lessee’s acceptance or use of the Equipment is safe and in good operating condition and repair and is otherwise acceptable without prompt notice to Customer. Customer acknowledges and agrees that Customer has selected the Equipment based on Customer’s determination StoMachine Technology that the Equipment is appropriate for not in good mechanical condition constitutes Lessee’s acknowledgement that 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 in good mechanical 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 Equipmentat that time. If, during Customer' s Lessee’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 Customer' s Lessee’s employees or agents, Customer Lessee will so notify DRStoMachine Technology, whereupon DR StoMachine Technology will then, at its option and without any other liability or responsibility by DR StoMachine Technology to Customer: customer; (a) repair or suitably replace the Equipment within a reasonable time during DR' s StoMachine 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 DR 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 DR's StoMachine Technology’s representatives so as to enable DR 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 (iI) 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 (iiII) ALL OBLIGATIONS OR LIABILITIES LIABILITY ON THE PART OF DR STOMACHINE TECHNOLOGY TO CUSTOMER LESSEE 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, ERECTION, DISMANTLING 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 Herc 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 DRHerc, whereupon DR Herc will then, at its option and without any other liability or responsibility by DR Herc to Customer: (a) repair or suitably replace the Equipment within a reasonable time during DRHerc' 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 Herc 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 Herc' s representatives so as to enable DR Herc to meet its responsibilities hereunder. THE FOREGOING IS IN LIEU OF (i) 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 (ii) ALL OBLIGATIONS OR LIABILITIES ON THE PART OF DR HERC 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, ERECTION, DISMANTLING 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, . Customer’s acceptance or use of the Equipment is safe and in good operating condition and repair and is otherwise acceptable without proper notice to Customer. Customer acknowledges and agrees that Customer has selected the Equipment based on Customer’s determination FWGC that the Equipment is appropriate for the not in good mechanical condition constitutes Customer’s purposes, use, application and environment, and not based on any recommendation by DR. The acknowledgement that the Equipment is provided to Customer by DR AS IS, WHERE IS and without any warranty by DR as to its in good mechanical 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 Equipmentat that time. 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 DRFWGC, whereupon DR FWGC will then, at its option and without any other liability or responsibility by DR FWGC to Customer: (a) repair or suitably replace the Equipment within a reasonable time during DR' s 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 DR FWGC 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 FWGC’s representatives so as to enable DR FWGC to meet its responsibilities hereunder. THE FOREGOING IS IN LIEU OF (i1) 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 (ii2) ALL OBLIGATIONS OR LIABILITIES ON THE PART OF DR FWGC 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.