Common use of DELIVERY AND RETURN OF THE EQUIPMENT Clause in Contracts

DELIVERY AND RETURN OF THE EQUIPMENT. 4.1 Equipt will use all reasonable endeavours to deliver the Equipment to the Customer’s job site listed in the Order Form (Job Site) on the start date listed in the Order Form, but the time of delivery shall not be of the essence and loss resulting from delay. The Customer must provide Equipt with reasonable and clear access to the Job Site to enable delivery of the Equipment. 4.2 Delivery will occur when the Customer collects the Equipment from Equipt or when Equipt delivers the Equipment to the Job Site, at which point the Equipment shall be at the sole risk of the Customer. Equipt will not be liable for any damage to the Equipment once risk has passed to the Customer. Risk in the Equipment will remain with the Customer for the duration of the Rental Period and until such time that Equipt takes back possession of the Equipment in accordance with clause 2.3 or 2.4. 4.3 The Customer is responsible for checking the Equipment on receipt and any discrepancies or damage must be reported to Equipt within two (2) Business Days of delivery of the Equipment to the Customer. 4.4 Where the Customer wishes to be a Credit Account Customer Equipt will be under no obligation to deliver the Equipment to the Customer until such time the Credit Account Application has been completed by the Customer and approved by Equipt. 4.5 The Customer will return the Equipment to Equipt: (a) in the same condition that the Equipment was delivered to the Customer save for fair wear and tear; (b) with the same amount of fuel and oil that the Equipment had when delivered to the Customer; and (c) in a clean condition.

Appears in 2 contracts

Samples: Account Application, Rental Agreement

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DELIVERY AND RETURN OF THE EQUIPMENT. 4.1 Equipt EquipmentShare will use all reasonable endeavours to deliver the Equipment to the Customer’s job site listed in the Order Form (Job Site) on the start date listed in the Order Form, but the time of delivery shall not be of the essence and EquipmentShare will not be liable in any way to the Customer or any other party for any loss resulting from delay. The Customer must provide Equipt EquipmentShare with reasonable and clear access to the Job Site to enable delivery of the Equipment. 4.2 Delivery will occur when the Customer collects the Equipment from Equipt EquipmentShare or when Equipt EquipmentShare delivers the Equipment to the Job Site, at which point the Equipment shall be at the sole risk of the Customer. Equipt EquipmentShare will not be liable for any damage to the Equipment once risk has passed to the Customer. Risk in the Equipment will remain with the Customer for the duration of the Rental Period and until such time that Equipt EquipmentShare takes back possession of the Equipment in accordance with clause 2.3 or 2.4. 4.3 The Customer is responsible for checking the Equipment on receipt and any discrepancies or damage must be reported to Equipt EquipmentShare within two (2) Business Days of delivery of the Equipment to the Customer. 4.4 Where the Customer wishes to be a Credit Account Customer Equipt EquipmentShare will be under no obligation to deliver the Equipment to the Customer until such time the Credit Account Application has been completed by the Customer and approved by EquiptEquipmentShare. 4.5 The Customer will return the Equipment to EquiptEquipmentShare: (a) in the same condition that the Equipment was delivered to the Customer save for fair wear and tear; (b) with the same amount of fuel and oil that the Equipment had when delivered to the Customer; and (c) in a clean condition.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

DELIVERY AND RETURN OF THE EQUIPMENT. 4.1 Equipt EquipmentShare will use all reasonable endeavours to deliver the Equipment to the Customer’s job site listed in the Order Form (Job Site) Customer on the start date listed in the Order FormSchedule, but the time of delivery shall not be treated as a condition of this Agreement. To the essence fullest extent permitted by law, and subject to clause 19.6(a) of this Agreement, EquipmentShare will not be liable in any way to the Customer or any other party for loss resulting from delay. The Customer must provide Equipt with reasonable and clear access to the Job Site to enable delivery of the Equipment. 4.2 Delivery will occur when the Customer collects the Equipment from Equipt or when Equipt EquipmentShare delivers the Equipment to the Job Site, Jobsite at which point the Equipment shall be at the sole risk of the Customer. Equipt will EquipmentShare shall not be liable for any damage to the Equipment once risk has passed to the Customer. Risk in the Equipment will remain with the Customer for the duration of the Rental Period and until such time that Equipt takes back possession of the Equipment in accordance with clause 2.3 or 2.4passed. 4.3 The All Equipment should be checked by the Customer is responsible for checking the Equipment on receipt and any discrepancies or damage must be reported to Equipt EquipmentShare within two (2) Business Days working days of delivery of the Equipment to the Customer. 4.4 The Customer will provide EquipmentShare with reasonable access to the Jobsite to enable delivery of the Equipment. 4.5 Where the Customer wishes to be is a Credit Account Customer Equipt will be under no obligation to deliver as defined in clause 7.2 this Agreement is not binding on EquipmentShare and the Equipment will not be delivered to the Customer until such time the Credit Account Application application has been completed by the Customer and approved by EquiptEquipmentShare. 4.5 4.6 The Customer will return the Equipment to EquiptEquipmentShare: (a) in In the same condition that the Equipment was delivered to the Customer save for fair wear and tear; (b) with the same amount of fuel and oil that the Equipment had when delivered to the Customer; and (c) in a clean condition.

Appears in 2 contracts

Samples: Equipment Rental Agreement, Rental Agreement

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DELIVERY AND RETURN OF THE EQUIPMENT. 4.1 Equipt will use all reasonable endeavours to deliver the Equipment to the Customer’s job site listed in the Order Form (Job Site) on the start date listed in the Order Form, but the time of delivery shall not be of the essence and Equipt will not be liable in any way to the Customer or any other party for any loss resulting from delay. The Customer must provide Equipt with reasonable and clear access to the Job Site to enable delivery of the Equipment. 4.2 Delivery will occur when the Customer collects the Equipment from Equipt or when Equipt delivers the Equipment to the Job Site, at which point the Equipment shall be at the sole risk of the Customer. Equipt will not be liable for any damage to the Equipment once risk has passed to the Customer. Risk in the Equipment will remain with the Customer for the duration of the Rental Period and until such time that Equipt takes back possession of the Equipment in accordance with clause 2.3 or 2.4. 4.3 The Customer is responsible for checking the Equipment on receipt and any discrepancies or damage must be reported to Equipt within two (2) Business Days of delivery of the Equipment to the Customer. 4.4 Where the Customer wishes to be a Credit Account Customer Equipt will be under no obligation to deliver the Equipment to the Customer until such time the Credit Account Application has been completed by the Customer and approved by Equipt. 4.5 The Customer will return the Equipment to Equipt: (a) in the same condition that the Equipment was delivered to the Customer save for fair wear and tear; (b) with the same amount of fuel and oil that the Equipment had when delivered to the Customer; and (c) in a clean condition.

Appears in 1 contract

Samples: Rental Agreement

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