Common use of Mechanical Condition Clause in Contracts

Mechanical Condition. 2.1 The Equipment must have been serviced and maintained in accordance with the manufacturer’s recommendations and if the Customer has maintained or repaired the Equipment, a copy of the service history is to be submitted to Komatsu upon the return of the Equipment. Parts used in maintenance and repair, with the exception of ground engaging tools and manufacturer approved hardware or filters must be of genuine OEM supply. 2.2 As part of the scheduled maintenance, the Equipment must have had oil samples taken at the approved intervals. These samples must be of the genuine KOWA (Komatsu Oil Wear Analysis) program and the samples must be submitted and processed correctly, with the correct details completed on the sample submission cards. This includes listing the customer as “Komatsu Australia Rental” and the site listed as the Customer’s name and site. 2.3 The engine must operate according to the specification of the manufacturer with no oil or coolant leaks or excessive smoke. There must be no ingress of coolant into the lubrication or hydraulic systems. The mountings of the engine, engine accessories, engine controls and radiator must be secure with no broken or missing fittings, fasteners or connections. Any engine protection devices fitted must be complete and operational. 2.4 The transmission, torque converter, HST motors and pumps, main pumps, travel motors, drop box, differentials and final drives must function correctly without binding, grabbing, unintended slippage, overheating or excessive noise. The mountings of these components must be free from any breakage or damage. 2.5 The radiator and cooling system in general must not be clogged with dust, mud or any other blocking substance and will be free from leaks, punctures or holes. The system must be capable of sustaining the Equipment within the normal operating temperature range as specified by the manufacturer and must be filled with the correct coolant solution (including anti-freeze additive) in compliance with the manufacturer’s recommendations. 2.6 All hydraulic cylinders and actuators must be in good working order, not bent and must operate as originally specified when new. Any scoring or pitting that may have occurred must be limited to the extent that the cylinder does not leak in normal operation. All hydraulic pumps and motors are to function properly and to be devoid of cracked casings and damaged mountings. All hydraulic hoses, valves, swivel joints, connections and couplings must be free from leaks and damage to hoses must be limited to the outer casing only. 2.7 All operation, maintenance, and service manuals must be returned with the unit at the end of the Term along with any service records. 2.8 In general, the bucket or blade must be free from distortion. Cutting edges/ground engaging tools of the Equipment must be intact and of good appearance. Pro rata contribution towards wear buckets, blades and GET will apply as determined by Komatsu. 2.9 The Equipment undercarriage must be complete with no rollers, track plates, guiding guards or covers missing or broken. All rollers must turn freely when the Equipment is moving and must have no oil leaks. Track adjusting and recoil mechanisms must be complete and operational with no broken recoil springs and no leakage of recoil cylinders. Pro rata contribution towards wear of undercarriage components will apply as determined by Komatsu. 2.10 All clearances at work equipment pins, bushes, trunnions and/or linkages and slew bearings must be within manufacturer’s tolerances for normal operation. 2.11 The main frame of the Equipment must be free from live cracks. Such repairs as may have been carried out to the frame of the Equipment must have been performed in a professional manner and in accordance with both good engineering practice and the recommendations of the manufacturer.

Mechanical Condition. 2.1 The Equipment must have been serviced and maintained in accordance with the manufacturer’s recommendations and if the Customer has maintained or repaired the Equipment, a copy of the service history is to be submitted to Komatsu upon the return of the Equipment. Parts used in maintenance and repair, with the exception of ground engaging tools and manufacturer approved hardware or filters filters, must be of genuine OEM supply. 2.2 As part of the scheduled maintenance, the Equipment must have had oil samples taken at the approved intervals. These samples must be of the genuine KOWA (Komatsu Oil Wear Analysis) program and the samples must be submitted and processed correctly, with the correct details completed on the sample submission cards. This includes listing the customer as “Komatsu Australia Rental” and the site listed as the Customer’s name and site. 2.3 The engine must operate according to the specification of the manufacturer with no oil or coolant leaks or excessive smoke. There must be no ingress of coolant into the lubrication or hydraulic systems. The mountings of the engine, engine accessories, engine controls and radiator must be secure with no broken or missing fittings, fasteners or connections. Any engine protection devices fitted must be complete and operational. 2.4 The transmission, torque converter, HST motors and pumps, main pumps, travel motors, drop box, differentials and final drives must function correctly without binding, grabbing, unintended slippage, overheating or excessive noise. The mountings of these components must be free from any breakage or damage. 2.5 The radiator and cooling system in general must not be clogged with dust, mud or any other blocking substance and will be free from leaks, punctures or holes. The system must be capable of sustaining the Equipment within the normal operating temperature range as specified by the manufacturer and must be filled with the correct coolant solution (including anti-freeze additive) in compliance with the manufacturer’s recommendations. 2.6 All hydraulic cylinders and actuators must be in good working order, not bent and must operate as originally specified when new. Any scoring or pitting that may have occurred must be limited to the extent that the cylinder does not leak in normal operation. All hydraulic pumps and motors are to function properly and to be devoid of cracked casings and damaged mountings. All hydraulic hoses, valves, swivel joints, connections and couplings must be free from leaks and damage to hoses must be limited to the outer casing only. 2.7 All operation, maintenance, and service manuals must be returned with the unit at the end of the Term along with any service records. 2.8 In general, the dump body, bucket or blade must be free from distortion. Cutting edges/ground engaging tools tools/body liners of the Equipment must be intact and of good appearance. Pro rata contribution towards wear of dump bodies, buckets, blades and GET will apply as determined by Komatsu. 2.9 The Equipment undercarriage tyres must be complete with in good condition having no rollers, track plates, guiding guards side wall or covers missing or broken. All rollers must turn freely when the Equipment is moving and must have no oil leaks. Track adjusting and recoil mechanisms must be complete and operational with no broken recoil springs and no leakage of recoil cylinderscarcase damage. Pro rata contribution towards wear of undercarriage components tyres will apply as determined by Komatsu. 2.10 All clearances at work equipment pins, bushes, trunnions and/or linkages and slew bearings linkages, body mount pins & bushes must be within manufacturer’s tolerances for normal operation. Front loading frame equipment and/or hoe attachment must be in good operational condition. Any stabilisers must be fully operational. 2.11 The main frame of the Equipment must be free from live cracks. Such repairs as may have been carried out to the frame of the Equipment must have been performed in a professional manner and in accordance with both good engineering practice and the recommendations of the manufacturer.

Mechanical Condition. 2.1 The Equipment must have been serviced and maintained in accordance with the manufacturer’s recommendations and if the Customer has maintained or repaired the Equipment, a copy of the service history is to be submitted to Komatsu upon the return of the Equipment. Parts used in maintenance and repair, with the exception of ground engaging tools and manufacturer approved hardware or filters filters, must be of genuine OEM supply. 2.2 As part of the scheduled maintenance, the Equipment must have had oil samples taken at the approved intervals. These samples must be of the genuine KOWA (Komatsu Oil Wear Analysis) program and the samples must be submitted and processed correctly, with the correct details completed on the sample submission cards. This includes listing the customer as “Komatsu Australia Rental” and the site listed as the Customer’s name and site. 2.3 The engine must operate according to the specification of the manufacturer with no oil or coolant leaks or excessive smoke. There must be no ingress of coolant into the lubrication or hydraulic systems. The mountings of the engine, engine accessories, engine controls and radiator must be secure with no broken or missing fittings, fasteners or connections. Any engine protection devices fitted must be complete and operational. 2.4 2.3 The transmission, torque converter, HST motors and pumps, main pumps, travel motors, drop box, differentials and final drives must function correctly without binding, grabbing, unintended slippage, overheating or excessive noise. The mountings of these components must be free from any breakage or damage. 2.5 2.4 The radiator and cooling system in general must not be clogged with dust, mud or any other blocking substance and will be free from leaks, punctures or holes. The system must be capable of sustaining the Equipment within the normal operating temperature range as specified by the manufacturer and must be filled with the correct coolant solution (including anti-freeze additive) in compliance with the manufacturer’s recommendations. 2.6 2.5 All hydraulic cylinders and actuators must be in good working order, not bent and must operate as originally specified when new. Any scoring or pitting that may have occurred must be limited to the extent that the cylinder does not leak in normal operation. All hydraulic pumps and motors are to function properly and to be devoid of cracked casings and damaged mountings. All hydraulic hoses, valves, swivel joints, connections and couplings must be free from leaks and damage to hoses must be limited to the outer casing only. 2.7 2.6 All operation, maintenance, and service manuals must be returned with the unit at the end of the Term along with any service records. 2.8 2.7 In general, the dump body, bucket or blade must be free from distortion. Cutting edges/ground engaging tools tools/body liners of the Equipment must be intact and of good appearance. Pro rata contribution towards wear of dump bodies, buckets, blades and GET will apply as determined by Komatsu. 2.8 For wheel type Equipment only, the Equipment tyres must be in good condition having no side wall or carcase damage. Pro rata contribution towards wear of tyres will apply as determined by Komatsu. 2.9 The For track type Equipment only, the Equipment undercarriage must be complete with no rollers, track plates, guiding guards or covers missing or broken. All rollers must turn freely when the Equipment is moving and must have no oil leaks. Track adjusting and recoil mechanisms must be complete and operational with no broken recoil springs and no leakage of recoil cylinders. Pro rata contribution towards wear of undercarriage components will apply as determined by Komatsu. 2.10 All clearances at work equipment pins, bushes, trunnions and/or linkages and slew bearings linkages, body mount pins & bushes must be within manufacturer’s tolerances for normal operation. Front loading frame equipment and/or hoe attachment must be in good operational condition. Any stabilisers must be fully operational. 2.11 The main frame of the Equipment must be free from live cracks. Such repairs as may have been carried out to the frame of the Equipment must have been performed in a professional manner and in accordance with both good engineering practice and the recommendations of the manufacturer.