Common use of Defective Equipment Clause in Contracts

Defective Equipment. 7.1 Upon notice being given by the Customer to Arjo that any Equipment rented from Arjo has become defective, if Arjo need to move or remove the Equipment (or any part of it) for repair: 7.1.1 Arjo will replace the Equipment during the period of repair with similar Equipment; 7.1.2 Arjo shall have a reasonable period of time from the date it receives notification that the Equipment is defective to provide such replacement Equipment (which period of time may, in some cases, be up to several weeks depending on the time required to obtain replacement parts or Equipment); 7.1.3 Arjo shall use reasonable commercial endeavours, to supply on loan to the Customer equivalent Equipment while the Equipment or the part in question is being repaired or replaced. 7.2 Arjo will be entitled to enter the Customer's premises at all reasonable times to inspect, service or collect the Equipment; 7.3 All spare parts and replacement components supplied by Arjo shall become part of the Equipment and any parts and components removed from it shall become Arjo’s property, unless otherwise agreed in writing between the parties; 7.4 If on investigation Arjo reasonably determines that any defect in or malfunction of the Equipment is the result of abuse, damage to or misuse of the Equipment while in the Customer’s possession or under the Customer’s control pursuant to this Agreement the Customer shall be liable for all costs incurred by Arjo in investigating the same and determining its cause, and will be liable to pay the cost of any repair of the Equipment. 7.5 Where Arjo elect to repair or replace any defective Equipment or where Arjo is to collect any Equipment after the termination of this Agreement for any reason, the Customer shall ensure that: 7.5.1 the Equipment is decontaminated and shall make the Equipment available to Arjo to collect or repair; and 7.5.2 inform Arjo of the infection status of the Equipment; and 7.5.3 where the Customer (or their agent) uninstalls the Equipment for collection or repair by Arjo, the Customer shall indemnify Arjo in full for any damage done to the Equipment or to any other property or for any injury caused to any person. 7.6 Where Arjo has received a notice from the Customer that Equipment is defective, and Arjo has informed the Customer on which date Arjo shall either collect or repair the Equipment in question, the Customer shall ensure that Arjo has access to such Equipment and in cases where Arjo is not able to gain access to the Equipment, Arjo reserves the right to charge the Customer a call out fee in accordance with its standard tariff from time to time in force. 7.7 Where Arjo inspects any Equipment subject to a claim that it is defective and determines that the Equipment is either not faulty or the reason that the Equipment is faulty is due to a factor outside of Arjo’s control, the provisions of clause 13.5 shall apply.

Defective Equipment. 7.1 Upon notice being given by the Customer to Arjo or 1st Call that any Equipment rented from Arjo or 1st Call has become defective, if Arjo or 1st Call need to move or remove the Equipment (or any part of it) for repairforrepair: 7.1.1 Arjo or 1st Call will replace the Equipment during the period of repair with similar Equipment; 7.1.2 Arjo or 1st Call shall have a reasonable period of time from the date it receives notification that the Equipment is defective to provide such replacement Equipment (which period of time may, in some cases, be up to several weeks depending on the time required to obtain replacement parts or Equipment); 7.1.3 Arjo or 1st Call shall use reasonable commercial endeavours, to supply on loan to the Customer equivalent Equipment while the Equipment or the part in question is being repaired or replacedorreplaced. 7.2 Arjo or 1st Call will be entitled to enter the Customer's premises at all reasonable times to inspect, service or collect the Equipment; 7.3 All spare parts and replacement components supplied by Arjo or 1st Call shall become part of the Equipment and any parts and components removed from it shall become ArjoArjo or 1st Call’s property, unless otherwise agreed in writing between the parties; 7.4 If on investigation Arjo or 1st Call reasonably determines that any defect in or malfunction of the Equipment is the result of abuse, damage to or misuse of the Equipment while in the Customer’s possession or under the Customer’s control pursuant to this Agreement the Customer shall be liable for all costs incurred by Arjo or 1st Call in investigating the same and determining its cause, and will be liable to pay the cost of any repair of the Equipment. 7.5 Where Arjo or 1st Call elect to repair or replace any defective Equipment or where Arjo or 1st Call is to collect any Equipment after the termination of this Agreement for any reason, the Customer shall ensure that: 7.5.1 the Equipment is decontaminated and shall make the Equipment available to Arjo or 1st Call to collect or repair; and 7.5.2 inform Arjo Xxxx or 1st Call of the infection status of the Equipment; and 7.5.3 where the Customer (or their agent) uninstalls the Equipment for collection or repair by Arjo, the Customer shall indemnify Arjo or 1st Call in full for any damage done to the Equipment or to any other property or for any injury caused to any person. 7.6 Where Arjo or 1st Call has received a notice from the Customer that Equipment is defective, and Arjo or 1st Call has informed the Customer on which date Arjo or 1st Call shall either collect or repair the Equipment in question, the Customer shall ensure that Arjo or 1st Call has access to such Equipment and in cases where Arjo or 1st Call is not able to gain access to the Equipment, Arjo or 1st Call reserves the right to charge the Customer a call out fee in accordance with its standard tariff from time to time in force. 7.7 Where Arjo or 1st Call inspects any Equipment subject to a claim that it is defective and determines that the Equipment is either not faulty or the reason that the Equipment is faulty is due to a factor outside of ArjoArjo or 1st Call’s control, the provisions of clause 13.5 shall apply.

Defective Equipment. 7.1 Upon notice being given by the Customer to Arjo that any Equipment rented from Arjo has become defective, if Arjo need to move or remove the Equipment (or any part of it) for repair: 7.1.1 Arjo will replace the Equipment during the period of repair with similar Equipment; 7.1.2 Arjo shall have a reasonable period of time from the date it receives notification that the Equipment is defective to provide such replacement Equipment (which period of time may, in some cases, be up to several weeks depending on the time required to obtain replacement parts or Equipment); 7.1.3 Arjo shall use reasonable commercial endeavours, to supply on loan to the Customer equivalent Equipment while the Equipment or the part in question is being repaired or replacedorreplaced. 7.2 Arjo will be entitled to enter the Customer's premises at all reasonable times to inspect, service or collect the Equipment; 7.3 All spare parts and replacement components supplied by Arjo shall become part of the Equipment and any parts and components removed from it shall become Arjo’s property, unless otherwise agreed in writing between the parties; 7.4 If on investigation Arjo reasonably determines that any defect in or malfunction of the Equipment is the result of abuse, damage to or misuse of the Equipment while in the Customer’s possession or under the Customer’s control pursuant to this Agreement the Customer shall be liable for all costs incurred by Arjo in investigating the same and determining its cause, and will be liable to pay the cost of any repair of the Equipment. 7.5 Where Arjo elect to repair or replace any defective Equipment or where Arjo is to collect any Equipment after the termination of this Agreement for any reason, the Customer shall ensure that: 7.5.1 the Equipment is decontaminated and shall make the Equipment available to Arjo to collect or repair; and 7.5.2 inform Arjo Xxxx of the infection status of the Equipment; and 7.5.3 where the Customer (or their agent) uninstalls the Equipment for collection or repair by Arjo, the Customer shall indemnify Arjo in full for any damage done to the Equipment or to any other property or for any injury caused to any person. 7.6 Where Arjo has received a notice from the Customer that Equipment is defective, and Arjo has informed the Customer on which date Arjo shall either collect or repair the Equipment in question, the Customer shall ensure that Arjo has access to such Equipment and in cases where Arjo is not able to gain access to the Equipment, Arjo reserves the right to charge the Customer a call out fee in accordance with its standard tariff from time to time in force. 7.7 Where Arjo Xxxx inspects any Equipment subject to a claim that it is defective and determines that the Equipment is either not faulty or the reason that the Equipment is faulty is due to a factor outside of Arjo’s control, the provisions of clause 13.5 shall apply.