LOSS AND DAMAGES. Upon return of damaged equipment, the Rental Company will make a determination of the extent of the damage and the required repairs. You and/or your representative’s will have a reasonable amount of time to inspect the damage. In determining whether equipment shall be replaced or repaired, the Rental Company’s judgment shall be conclusive upon you. Should the Rental Company determine that the equipment must be replaced, you will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation.
LOSS AND DAMAGES. Any loss or damages or deterioration of the material in transits shall be at the cost of the contractor. It shall be at the discretion of the GMDC to reject, damaged or spoiled material, if so noticed. During the execution of work, if any property of GMDC is damaged then estimated repair cost + 20 % of the same shall be recovered from contractor.
LOSS AND DAMAGES. Upon return of damaged Equipment, Rental Company will make a determination of the extent of the damage and the required repairs. You and/or your representative(s), will have a reasonable amount of time to inspect the damage. In determining whether Equipment shall be replaced or repaired, Rental Company's judgment shall be conclusive upon you. Should Rental Company determine that the equipment must be replaced, you will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation, plus transportation, tax and setup charges. If repaired, you shall be responsible for all repair costs.
LOSS AND DAMAGES. With respect to risk of loss and damages to the Compressor Motor Facilities and Premises, the Parties shall have those rights and obligations as set forth in Article 10 of the O& M Agreement.
LOSS AND DAMAGES. All loss or damage arising out of the nature of the work to be done or from the action of the elements, or from any unforeseen circumstances, in the prosecution of the same, or from any unusual obstructions or difficulties which may be encountered in and/or during the prosecution of the work, or from any casualty whatsoever of every description, shall be sustained and borne by the Contractor at his own cost and expense.
LOSS AND DAMAGES. In the event that the Candidate suffers any loss, injury or damage arising out of her duties to the Client, the Client hereby indemnifies The Agency in respect of any claims made against The Agency as a result of such loss, injury or damage by the Tutor or by any other person. The Client declares that the Client is not an agency and is using this service in a personal capacity only, for the service specified in this contract. Should the Client use this service, the Client agrees that, should a tutor introduced to the Client by Exceptional Tutor’s, enter into any employment relationship whatsoever, directly or indirectly, notwithstanding that such employment would exclude Exceptional Tutor’s from receiving the applicable tutor package cost, Exceptional Tutor’s shall be entitled to fine the Client a sum of R5,000 and any legal costs incurred by Tutor’s when collecting this fee. The Client understands that by agreeing to these terms and conditions the Client may not employ any friends or relatives of the Tutor/s sent to them by Exceptional Tutor’s unless the Agency is informed thereof and the applicable tutor package is paid to Exceptional Tutor’s for this service. Clients that employ the above mentioned people without informing the Agency thereof and therefore do not pay the tutor package payable to the Agency will be fined to an amount of R5,000 and any legal fees incurred by Exceptional Tutor’s when collecting this fee. Should any Tutor introduced to the Client not be appointed and subsequently, within 12 months of said introduction, be appointed, by the client, the client will remain liable for the tutor package.
LOSS AND DAMAGES. The STOCKIST shall reimburse to the COMPANY in full for cash collection and for the products or member’s kit at cost equivalent to the member price value in the event of the following:-
a) Damaged or loss of stocks resulting from theft, fire, floods, negligence or any other reason not stated.
b) Loss, damaged to any other properties belonging to the COMPANY which were consigned to the STOCKIST for whatever reasons.
c) Loss or short of cash collection while in the custody of the STOCKIST.
d) And credit sales granted to distributors or customers.
LOSS AND DAMAGES. If equipment is returned in damaged or nonworking condition, the lease period will be extended by the shortest reasonable time necessary to repair such damage. The extended rental period shall apply only to the damaged or nonworking item, unless said item forms as part of other equipment. Rental payments for the said individual item(s) shall accrue at full rental rate for the said item irrespective of any package discounts or other discount agreed to at the inception of Lease. In the event that any of the equipment is lost, stolen, damaged beyond repair, destroyed or otherwise disappears or is not returned for any reason, Lessee shall pay to Lessor the replacement cost of said equipment, in addition to the accrued rental at time of actual replacement. The foregoing liability for lost, damaged, destroyed, or missing equipment shall apply whether the loss, damage, or destruction is caused by or results from the active or passive fault of Lessee, or through a fault of Lessee. Any equipment which is damaged, lost or destroyed by Lessee or its agents or employees while on Lessor’s premises shall be deemed to have been lost, damaged or destroyed while in Lessee’s possession. TITLE: Title to the equipment is retained by the Lessor, and Lessee covenants that it will not assign, pledge or encumber the equipment in any manner whatsoever, nor permit any liens to become effective thereon.
LOSS AND DAMAGES. SEGL agrees to provide the SEGL Equipment in working order, but makes no further representations concerning its performance during the Use Period. SEGL maintains insurance on the equipment; however, User assumes the entire risk of loss or damages to the SEGL Equipment for causes deemed to be dishonest acts, vandalism, equipment disappearance, shortage during final inventory, theft, unauthorized equipment changes and/or system delivery to an unauthorized party.
LOSS AND DAMAGES. 33.1. Owner shall not be liable for any damage to property of Tenant or of others located on the Premises, nor for the loss of or damage to any property of Tenant or of others by theft or otherwise. Owner shall not be liable for any injury or damage to persons or property resulting from fire, explosion, or other casualty, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of the Premises or from the pipes, appliances or plumbing works or from the roof, street or sub-surface or from any other place or by dampness or by any other cause of whatsoever nature. Owner shall not be liable for any such damage caused by other tenants or persons in the Premises, caused by occupants of adjacent property, caused by members of the public, or caused by operations in construction of any private, public or quasi-public work. Owner shall not be liable for any latent defect in the Premises or in the building of which they form a part except for a period of twelve months from the date Tenant takes possession of the Premises. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only and Tenant shall hold Owner harmless from any claims arising out of damage to the same.
33.2. Each of the parties hereto does hereby waive its entire right of recovery against the other for any damages caused by an occurrence insured against by such party, and the rights of any insurance carrier to be subrogated to the rights of the insured under the applicable policy.
