Common use of Customer’s Representations and Warranties Clause in Contracts

Customer’s Representations and Warranties. 12.1 The Customer represents and warrants that: (a) the Customer is qualified to operate the Equipment and has obtained all necessary licenses, certifications, credentials, and permits required for operation of the Equipment; (b) only persons qualified to operate the Equipment will operate the Equipment under the Customer’s direct supervision; (c) the Customer will use the Equipment for its intended use only in accordance with the manufacturer’s specifications, any use guidelines, conditions or requirements available for the Equipment and in accordance with good practice and any applicable industry standards or guidelines (including from WorkSafe NZ), legislation, regulations and bylaws; (d) the Customer or any other persons operating the Equipment will not consume or be under the influence of any alcohol or illegal drugs whilst operating the Equipment; (e) the Customer is familiar with the manufacturer’s specifications for the Equipment as contained in the manufacturer’s operation and maintenance manual or other similar guide or manual provided to the Customer with the Equipment” the Manual”; (f) if a logbook is provided with the Equipment, the Customer will complete all required entries in the log book during the Rental Period; (g) the Customer is qualified and able to perform any routine maintenance required or recommended in the Manual, and will perform, at Customer’s expense, any such required or recommended maintenance in the manner and at the intervals specified or recommended by the manufacturer or required by EquipmentShare in its sole discretion; (h) the Customer will not use the Equipment in a manner that is likely to result in anything other than ordinary wear and tear of the Equipment; (i) the Customer is capable of and qualified to inspect the Equipment to determine its condition, state of repair, whether it is in good working order, safe to use and suitable for Customer’s intended use and that Customer will perform such an inspection on every occasion before attempting to use the Equipment; (j) if at any time the Equipment is involved in an accident, suffers a malfunction, becomes unsafe, or is damaged the Customer will immediately cease using the Equipment and notify EquipmentShare; (k) the Customer will take all practical steps to comply with all applicable Health and Safety legislation, regulations, site rules and site procedures when in possession of the Equipment; and (l) the Customer has read and understood EquipmentShare’s Terms of Use and Privacy Policy and agrees to be bound by them. 12.2 The Customer will not do anything which may have an adverse impact upon EquipmentShare’s reputation or business either during the Rental Period or following completion of the Rental Period.

Customer’s Representations and Warranties. 12.1 The Customer represents and warrants that: (a) the Customer is qualified to operate the Equipment and has obtained all necessary licenses, certifications, credentials, and permits required for operation of the Equipment; (b) only persons the Customer will ensure anyone operating or using the Equipment is: (i) qualified and adequately experienced to operate or use the Equipment will Equipment; (ii) provided with suitable training in the Equipment’s operation or use before operating or using it; (iii) not suffering from a physical or mental impairment of ability to operate or use it; (iv) not consuming or under the influence of any alcohol, drugs or other substances that impair their ability whilst operating the Equipment; and (v) only operating the Equipment under the Customer’s direct supervision; (c) the Customer is familiar with and will operate and use the Equipment for its intended use only in accordance with the manufacturer’s specifications, any specifications for the Equipment as contained in the manufacturer’s operation and maintenance manual or other similar use guidelines, conditions or requirements made available to the Customer for the Equipment by Equipt (Manual) and in accordance with good practice and any applicable industry standards or guidelines (including from WorkSafe NZ), legislation, regulations and bylawsbylaws and the Customer will ensure that anyone using or engaging in the operation of the Equipment will so comply; (d) the Customer or any other persons operating the Equipment will not consume or be under the influence of any alcohol or illegal drugs whilst operating the Equipment; (e) the Customer is familiar with the manufacturer’s specifications for the Equipment as contained in the manufacturer’s operation and maintenance manual or other similar guide or manual provided to the Customer with the Equipment” the Manual”; (f) if a logbook is provided with the Equipment, the Customer will complete all required entries in the log book during the Rental Period; (ge) the Customer will notify Equipt immediately when the Equipment is qualified due for service in line with the Manual or any notification located on or within the Equipment or logbook (if a logbook has been provided) and able will make the Equipment available for Equipt to perform any routine maintenance required or recommended in the Manual, and will perform, at Customer’s expense, any such required or recommended maintenance in the manner and at the intervals specified or recommended by the manufacturer or required by EquipmentShare in its sole discretionservicing; (hf) the Customer will at all times take all reasonable precautions to prevent any loss or damage to the Equipment and will not use the Equipment in a manner that is likely to result in anything other than ordinary wear and tear of the Equipment; (ig) the Customer is capable of and qualified to inspect the Equipment to determine its condition, state of repair, whether it is in good working order, safe to use and suitable for Customer’s intended use and that the Customer will perform such an inspection on every occasion and undertake all pre-start checks required in the Manual before attempting to use the Equipment; (j) if at . If any time the Equipment is involved in an accidentissues are found during any inspection or pre-start check, suffers a malfunction, becomes unsafe, or is damaged the Customer will immediately cease using the Equipment and notify EquipmentShare; (k) the Customer will take all practical steps to comply with all applicable Health and Safety legislation, regulations, site rules and site procedures when in possession of the EquipmentEquipt; and (lh) the Customer has read and understood EquipmentShare’s these Rental Terms of Use and Privacy Policy and agrees to be bound by themConditions. 12.2 The Customer will not do anything which may have an adverse impact upon EquipmentShareEquipt’s reputation or business either during the Rental Period or following completion of the Rental Period.

Customer’s Representations and Warranties. 12.1 The Customer represents and warrants that: (a) the Customer is qualified to operate the Equipment and has obtained all necessary licenses, certifications, credentials, and permits required for operation of the Equipment; (b) only persons the Customer will ensure anyone operating or using the Equipment is: (i) qualified and adequately experienced to operate or use the Equipment will Equipment; (ii) provided with suitable training in the Equipment’s operation or use before operating or using it; (iii) not suffering from a physical or mental impairment of ability to operate or use it; (iv) not consuming or under the influence of any alcohol, drugs or other substances that impair their ability whilst operating the Equipment; and (v) only operating the Equipment under the Customer’s direct supervision; (c) the Customer is familiar with and will operate and use the Equipment for its intended use only in accordance with the manufacturer’s specifications, any specifications for the Equipment as contained in the manufacturer’s operation and maintenance manual or other similar use guidelines, conditions or requirements made available to the Customer for the Equipment by EquipmentShare (Manual) and in accordance with good practice and any applicable industry standards or guidelines (including from WorkSafe NZ), legislation, regulations and bylawsbylaws and the Customer will ensure that anyone using or engaging in the operation of the Equipment will so comply; (d) the Customer or any other persons operating the Equipment will not consume or be under the influence of any alcohol or illegal drugs whilst operating the Equipment; (e) the Customer is familiar with the manufacturer’s specifications for the Equipment as contained in the manufacturer’s operation and maintenance manual or other similar guide or manual provided to the Customer with the Equipment” the Manual”; (f) if a logbook is provided with the Equipment, the Customer will complete all required entries in the log book during the Rental Period; (ge) the Customer will notify EquipmentShare immediately when the Equipment is qualified due for service in line with the Manual or any notification located on or within the Equipment or logbook (if a logbook has been provided) and able will make the Equipment available for EquipmentShare to perform any routine maintenance required or recommended in the Manual, and will perform, at Customer’s expense, any such required or recommended maintenance in the manner and at the intervals specified or recommended by the manufacturer or required by EquipmentShare in its sole discretionservicing; (hf) the Customer will at all times take all reasonable precautions to prevent any loss or damage to the Equipment and will not use the Equipment in a manner that is likely to result in anything other than ordinary wear and tear of the Equipment; (ig) the Customer is capable of and qualified to inspect the Equipment to determine its condition, state of repair, whether it is in good working order, safe to use and suitable for Customer’s intended use and that the Customer will perform such an inspection on every occasion and undertake all pre-start checks required in the Manual before attempting to use the Equipment; (j) if at . If any time the Equipment is involved in an accidentissues are found during any inspection or pre-start check, suffers a malfunction, becomes unsafe, or is damaged the Customer will immediately cease using the Equipment and notify EquipmentShare; (k) the Customer will take all practical steps to comply with all applicable Health and Safety legislation, regulations, site rules and site procedures when in possession of the Equipment; and (lh) the Customer has read and understood EquipmentShare’s these Rental Terms of Use and Privacy Policy and agrees to be bound by themConditions. 12.2 The Customer will not do anything which may have an adverse impact upon EquipmentShare’s reputation or business either during the Rental Period or following completion of the Rental Period.