Common use of Malfunction and damage to Leased Goods Clause in Contracts

Malfunction and damage to Leased Goods. In case of malfunction or non-operation of Leased Goods, Customer will notify PCS thereof without undue delay and PCS will, as Customer’s sole remedy, use commercially reasonable efforts to repair Leased Goods, replace Leased Goods or refund Customer of any prepaid fees for the Leased Good, if applicable within 10 days. If any Leased Goods are lost, damaged (beyond fair wear and tear) or become non-operational for reasons other than a manufacturing defect at any time during the term of this Agreement or upon termination of this Agreement, Customer will immediately notify PCS and PCS may charge its full retail cost to Customer. If so requested by PCS in connection with such Customer’s notification or in order for PCS to exercise its rights under the Agreement, Customer will reasonably cooperate with PCS to allow PCS to conduct an audit of Leased Goods.

Malfunction and damage to Leased Goods. In case of malfunction or non-operation of Leased Goods, Customer will notify PCS thereof without undue delay and PCS will, as Customer’s sole remedy, use commercially reasonable efforts to repair Leased Goods, replace Leased Goods or refund Customer of any prepaid fees for the Leased Good, if applicable within 10 days. If any Leased Goods are lost, damaged (beyond fair wear and tear) or become non-operational for reasons other than a manufacturing defect at any time during the term of this Agreement or upon termination of this Agreement, Customer will immediately notify PCS and PCS may charge its full retail cost to Customer. If so so, requested by PCS in connection with such Customer’s notification or in order for PCS to exercise its rights under the Agreement, Customer will reasonably cooperate with PCS to allow PCS to conduct an audit of Leased Goods.