Malfunctioning Equipment. If any of the Equipment rented under the Rental Agreement should become inoperable or fail to function in the manner for which it was designed ("Malfunctioning Equipment"), Company shall promptly notify Lessor. Company shall have the option, in its sole discretion, to repair the Malfunctioning Equipment itself or at a repair facility reasonably selected by Company at Lessor’s expense, or, if Company requires, Lessor agrees to replace said Malfunctioning Equipment with operable replacement Equipment ("Replacement Equipment") of at least equal quality and capability as shortly thereafter as may be reasonably commercially possible. Provided the Malfunctioning Equipment's failure to perform is not the result of Company's sole negligence, there shall be no additional charge for the Replacement Equipment. If Lessor is unable to provide Replacement Equipment or repair the Malfunctioning Equipment within twenty-four (24) hours from notice by Company, then Company shall have the option, at Company's discretion, to: (a) accept Replacement Equipment of lesser quality at a reduced rate for the remainder of the rental period; (b) terminate the rental of the Malfunctioning Equipment, while continuing the rental of other functioning equipment, and receive a reduced rental rate reflecting the loss of the Malfunctioning Equipment; or (c) terminate the Rental Agreement in its entirety and return all Equipment rented hereunder. If the Rental Agreement is terminated, then all rental charges shall cease on the date of Lessor's receipt of the Malfunctioning Equipment and/or any other rental Equipment pursuant to the Rental Agreement at Lessor's facilities, and Lessor shall refund the pro-rated portion of the rental fee already paid to which Company is entitled. If any rental charges are due as of the date of termination, Company shall pay same within ten (10) days from the date upon which the Rental Agreement was terminated.
Malfunctioning Equipment. Should the Equipment become unsafe, malfunction or require repair, Customer shall immediately cease using such Equipment and immediately notify Best Way Rentals. If such condition is the result of normal operation, Best Way Rentals will repair or replace the Equipment with similar Equipment in working order if such replacement Equipment is available, Best Way Rentals has no obligation to replace Equipment tendered inoperable by misuse, abuse or neglect. Customer's sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. The Equipment must be returned to the Store Location within twenty-four hours from the time of defect in order to terminate rental charges.
Malfunctioning Equipment. 2.1. Call center representative (CSR) follows prescribed procedures as defined by Comverge and approved by PacifiCorp
2.1.1. Decision logic and associated scripting procedures approved by PacifiCorp
2.1.2. Problem resolution via scripted dialogue
2.1.3. Field tech dispatching (when and if necessary)
2.1.4. Comverge maintains logs for all customer interactions
2.1.4.1. Including descriptions of problem and duration of customer interaction
2.1.4.2. Notation of solutions are so indicated by CSR
2.2. Requests for permanent removal
2.2.1. CSR is appropriately trained to deal diplomatically with disgruntled customers
2.2.1.1. All customer calls are appropriately logged and CSR notes taken for complaint resolution / escalation problem resolution
2.2.2. Customers are encouraged to remain active participants in the Program.
2.2.2.1. If, however, it becomes apparent that the solution is not meeting expectations the end-use customer is removed from the Program.
2.3. Customer sign-ups who are designated ‘operationally ready’ to receive ‘Control Events’ prior to 1 June of each Program year MUST remain an the Program for the entire cooling season to receive the incentive payment
2.3.1. For a DCU to be deemed ‘operationally ready’ means compliance to and successful completion of all aspects of Section I (Installation; item #5) as contained in Exhibit A, Work Scope
2.3.2. The customer is NOT required to execute a legally-binding contract
2.3.3. The customer may exit the Program at any time of their choosing
2.4. Customers joining the Program during the control period (June, July, August)
Malfunctioning Equipment. If returned within the first 30 days, participants will not be charged for replacement of malfunctioning equipment that bears no evidence of damage.
Malfunctioning Equipment. Should the Equipment be involved in an accident, become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify United. If such condition is the result of normal operation, United will repair or replace the Equipment with reasonably-similar Equipment in working order, if such replacement Equipment is available. United has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse, neglect or any other use of the Equipment in breach of this Agreement by Customer. Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure.
Malfunctioning Equipment. Should the Equipment become unsafe, malfunction or require repair, Lessee shall immediately cease using such Equipment and immediately notify the Lessor. If such condition is the result of normal operation, Lessor will repair or replace the Equipment with similar Equipment in working order if such replacement Equipment is available. Lessor has no obligation to replace Equipment rendered inoperable by misuse, abuse or neglect.
Malfunctioning Equipment. Customer agrees to test the Equipment prior to placing it in service, to notify COMPANY immediately of any condition impairing the safe or effective operation or mechanical condition of the Equipment, and to refrain from using, or to discontinue using the Equipment until such condition is corrected.
Malfunctioning Equipment. If any of the Equipment rented under the Rental Agreement should become inoperable or fail to function in the manner for which it was designed ("Malfunctioning Equipment"), Lessor agrees to replace said Malfunctioning Equipment with operable replacement Equipment ("Replacement Equipment") of at least equal quality and capability as shortly thereafter as may be reasonably commercially possible. Provided the Malfunctioning Equipment's failure to perform is not the result of Company's sole negligence, there shall be no additional charge for the Replacement Equipment. If Lessor is unable to provide Replacement Equipment or repair the Malfunctioning Equipment within twenty-four (24) hours from notice by Company, then Company shall have the option, at Company's discretion, to: (a) accept Replacement Equipment of lesser quality at a reduced rate for the remainder of the rental period; (b) terminate the rental of the Malfunctioning Equipment, while continuing the rental of other functioning equipment, and receive a reduced rental rate reflecting the loss of the Malfunctioning Equipment; or (c) terminate the Rental Agreement in its entirety and return all Equipment rented hereunder. If the Rental Agreement is terminated, then all rental charges shall immediately cease, and Lessor shall refund the pro-rated portion of the rental fee already paid to which Company is entitled. If any rental charges are due as of the date of termination, Company shall pay same within ten (10) days from the date upon which the Rental Agreement was terminated.
Malfunctioning Equipment. If the Equipment is involved in an accident, becomes unsafe, malfunctions, or requires repair, Customer must immediately discontinue its use and promptly notify M&B. If such condition arises from normal operation, M&B will undertake to repair or replace the Equipment with reasonably similar Equipment in working order, provided such replacement Equipment is available. M&B is not obligated to repair or replace Equipment that has become inoperable due to misuse, abuse, or neglect. Customer's sole recourse for any Equipment failure or defect shall be the cessation of any rental charges accruing after the time of failure. Customer is required to return the Equipment to the Store Location within twenty-four (24) hours from the time of defect to halt rental charges.
Malfunctioning Equipment. In the case of malfunctioning Equipment, BC Studios only liability to Renter is for the portion of Rent applicable to the time period that the Equipment was non-functioning. BC Studios shall not be responsible for any consequential or incidental damages resulting from malfunctions.
