Maintenance of the Equipment. 9.1 The provisions of this clause 9 and Schedule 4 shall apply to the Maintenance of the Equipment by CommsFM.
9.2 Until the Maintenance arrangements contained in this clause and clause 8 are terminated pursuant to clauses 8 or 19, CommsFM shall, subject to the provisions of this clause 9 and in exchange for payment of the Charges specified in this clause and clause 16.2:-
9.2.1 Maintain the Equipment in good working order against the effects of normal wear and tear; and
9.2.2 Maintain the Equipment in accordance with the reasonable recommendations and guidelines of the manufacturer.
9.3 CommsFM shall only be obliged to Maintain or repair the Equipment during Normal Business Hours.
9.4 The Customer shall ensure that the Equipment is not repaired, Maintained or serviced by any other person other than CommsFM.
9.5 CommsFM shall not be under any obligation to Maintain or carry out any repairs to the Equipment as a result of damage to the Equipment caused by the Customer or the neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or any repairs, Maintenance or servicing carried out to the Equipment by any person or party other than CommsFM.
9.6 In addition to the Charges provided for in this clause and clause 16.2, CommsFM shall be entitled to Charge the Customer, in accordance with CommsFM Engineer Charge Rate Card then in force, for:-
9.6.1 Any Maintenance of or repairs to the Equipment carried out outwith Normal Business Hours;
9.6.2 Any Maintenance of or repairs to the Equipment resulting from damage caused by the Customer neglect of the Equipment by the Customer or the failure of the Customer to use the Equipment in accordance with the manufacturer’s or CommsFM’s instructions or the repair Maintenance or servicing of the Equipment by any person or party other than CommsFM;
9.6.3 Any other Maintenance of or repairs to the Equipment which CommsFM is not obliged to carry out under clause 9.2;
9.6.4 Any replacement parts or consumables used by CommsFM in the Maintenance or repair of the Equipment in any such case;
9.7 CommsFM shall be entitled to increase the Maintenance Charge from time to time by such amounts as it thinks fit, giving written notice to that effect to the Customer, provided that CommsFM shall not be entitled to increase the Maintenance Charge by more than 15% during any 12 month period.
9.8 The Customer shall allow CommsFM access to the Sit...
Maintenance of the Equipment. Borrower shall keep and maintain the Equipment in good operating condition and repair, ordinary wear and tear excepted, and shall make all necessary replacements thereof so that the value, utility and operating efficiency thereof shall at all times be maintained and preserved, ordinary wear and tear excepted, and shall promptly inform Lender of any additions to or deletions from the Equipment. Borrower shall not permit any such items to become affixed to real estate in such manner that such items of Equipment will become a fixture or an accession to other personal property.
Maintenance of the Equipment. During the term of this Lease and any extension or renewal thereof, Lessee shall, at its expense, maintain the Equipment in good condition and repair and in safe working order, ordinary wear and tear resulting from proper use thereof excepted. Lessee shall be responsible for all costs associated with the repair and maintenance of the Equipment. There shall be no abatement of rent during any time the Equipment is under repair or is not operating. Not in limitation of the foregoing, Lessee shall be solely responsible for the following: (i) the addition of safety devices and guards to, or the repair or replacement of missing, outdated or deficient safety devices and guards on, the Equipment, or otherwise ensuring the compliance and condition of the Equipment or the Premises, as may be necessary to meet any and all applicable governmental safety standards, in effect on the date hereof and at all times hereafter, including without limitation, all safety standards under OSHA regulations; (ii) the compliance with all governmental regulations with respect to the affixation of prominently displaced legible warning labels on the Equipment; and (iii) ensuring that all persons using or affected by the Equipment are properly trained and supervised and are provided with adequate safety equipment.
Maintenance of the Equipment. Borrower shall keep and maintain the Equipment in good operating condition and repair, except for ordinary wear and tear, and shall make all necessary replacements thereof so that the value, utility and operating efficiency thereof shall at all times be maintained and preserved and shall promptly inform Lender of any additions to or deletions from the Equipment. Borrower shall not permit any such items to become affixed to real estate in such manner that such items of Equipment will become a fixture or an accession to other personal property.
Maintenance of the Equipment. The Borrowers shall keep and maintain ---------------------------- the Equipment in good operating condition and repair and shall make all necessary replacements thereof so that the value, utility and operating efficiency thereof shall at all times be maintained and preserved and shall promptly inform Lender of any material additions to or deletions from the Equipment. The Borrowers shall not permit any such Equipment to become affixed to real estate in such manner that such Equipment will become a fixture or an accession to other personal property.
Maintenance of the Equipment a. In the event that You receive Equipment from Us:
i. We will service and maintain that Equipment and will keep it free from any defects in workmanship and materials associated with normal use, during the Maintenance Period, subject to the availability of suitable parts, components, materials and labour, subject to clause 22 below.
Maintenance of the Equipment. The Vendor shall, at its own cost and expense, throughout the Rent Period, carry out maintenance of the Equipment. Services of Equipment shall be provided by qualified personnel, in a timely, reliable professional and workmanlike manner that will not cause harm or injure to the reputation of Vendor and in accordance with Law.
Maintenance of the Equipment. RENTER at its sole expense keeps and maintains the Equipment clean and in good working order and repair during the Rental period. RENTER furnishes any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order. OWNER on the other hand is available 24/7 and 8 x 5 NBD (Next Business Day) in case technical support is needed by RENTER. The extent of maintenance to be performed by OWNER is only for the Equipment subject of this Agreement. No repair should be done to the Equipment without the written consent and approval of OWNER. RENTER allows OWNER to enter RENTER's premises where the rented equipment is stored or use at all reasonable times to locate and inspect the state and condition of the rented equipment,
Maintenance of the Equipment. Operator hereby acknowledges and agrees that Owner shall not in any way be responsible for any routine maintenance or servicing of the Equipment. Operator understands and agrees that, except as otherwise provided herein, ordinary daily service and maintenance, including cleaning of the Equipment and other daily adjustments will be provided by Operator, and that any non-routine maintenance, servicing and/or repairs shall be undertaken exclusively by Owner, either as part of Owner's warranty obligations or outside of warranty at Owner's then current prices. Operator shall have at least one trained technician on staff at all times during the term of this Agreement. Operator's maintenance personnel will be trained and certified on site by Owner during installation. Upon successful installation of the Equipment, training of new staff shall be conducted by Operator at Operator's facility. No repairs or adjustments are to be performed by any technician or individual who is not (a) certified by Owner and (b) employed by the Operator, without permission of Owner. Operator shall report all maintenance related issues to Owner within twenty-four (24) hours of their occurrence, and if Operator is unable to operate the Equipment, to promptly report to Owner. Operator hereby agrees to permit access (or cause its landlord, if applicable, to permit access) during ordinary business hours to Owner to permit Owner to undertake the performance of such servicing and maintenance obligations.
Maintenance of the Equipment. 19.1 You must, at Your own cost, during the Hire Period:
(a) conduct daily checking of the Equipment for oil, grease, water and battery and other fluid levels to determine if each are at the recommended levels;
(b) conduct daily checking of tyre pressure to determine if all tyres are at the recommended pressure levels;
(c) conduct daily checking of the Equipment for any sign of looseness, wear or damage;
(d) conduct daily cleaning of the Equipment;
(e) for all Battery Electric Forklifts, charge and top up the battery with water on a daily basis; and
(f) conduct any other maintenance requirements as notified by KH from time to time.
19.2 You must notify KH immediately by telephone of the full circumstances of:
(a) any maintenance required to the Equipment, including as a result of Your obligations under clause 19.1;
(b) any mechanical breakdown of the Equipment;
(c) any accident involving the Equipment;
(d) any damage to the Equipment;
(e) any loss or theft of the Equipment; and
(f) the Equipment becoming unsafe for any reason.
19.3 If any of the circumstances referred to in clause 19.2 occur, You must:
(a) immediately cease using the Equipment as soon as You become aware of the relevant circumstances and
(b) take all necessary steps to prevent injury to any person and all property as a result of the condition of the Equipment.
19.4 KH will conduct any regular maintenance or periodic servicing (except that referred to in clause 19.1) required to be conducted for the Equipment.
19.5 You must allow KH to enter Your Premises and inspect and maintain the Equipment from time to time and to enable it to comply with clause 19.4, during normal working hours.
