Common use of Damage to Equipment; Replacements; Events of Loss Clause in Contracts

Damage to Equipment; Replacements; Events of Loss. In addition to Customer’s specific maintenance and repair responsibilities set forth in Section 7(a) above, Customer is responsible for all damage to the Equipment other than Normal Wear. Upon Xxxxxxxx’x request, Customer shall provide Xxxxxxxx with written descriptions of all repairs made to the Equipment. Customer shall promptly notify Xxxxxxxx of any potential mechanical failure or problem relating to the Equipment. Customer shall use trailer manufacturer grade materials and parts for all repairs and all parts, accessories, equipment, and devices used in Equipment repair will be of equal or better quality than the items repaired or replaced (as determined by Xxxxxxxx in its sole discretion). Xxxxxxxx will have the right upon 3 days’ prior notice to inspect Equipment (wherever located) during normal business hours for the purpose of confirming the existence, condition, or proper maintenance thereof. Any repair that fails to meet the standards set forth in this Section 7(b), as determined by Xxxxxxxx in its sole discretion, will be corrected by Xxxxxxxx at Customer’s expense, including, without limitation, all labor, drayage, road service, maintenance, mileage, or other charges. Customer shall notify Xxxxxxxx and Customer’s insurance carrier within 72 hours following any Event of Loss. Upon an Event of Loss, Customer shall pay to Xxxxxxxx the Loss Value of the Equipment (or component thereof), plus (a) all Use Charges relating to such Equipment due but unpaid through the date Customer pays the Loss Value, (b) all labor, drayage, mileage, maintenance, road service, storage, recovery charges, or other charges relating to such Equipment, and (c) the estimated or actual cost, at Xxxxxxxx’x option, to replace any damaged Monitoring Devices relating to such Equipment. If Customer replaces any parts, accessories, or tires, such replacement item(s) shall become the property of Xxxxxxxx immediately upon attachment to the Equipment. For clarity, if Customer is required to replace any damaged or inoperable tires hereunder, Customer shall replace the same with Replacement Tires. If Customer files a stolen vehicle report with respect to any Equipment and such Equipment is subsequently located, Customer shall promptly notify the applicable authorities and be solely responsible for all costs, expenses, and fines resulting therefrom.