Common use of OWNERSHIP AND STATUS OF EQUIPMENT Clause in Contracts

OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal prop- erty, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment. LIMITED WARRANTY. Should Customer purchase their rented equipment, a 12 month warranty will be applied beginning at the start of the rental period. The Company warrants for 12 months from the date of shipment Company’s manufactured products to the extent that Company will replace those having defects in materials or workmanship when used for the purpose and in the manner which Company recommends. If Company’s examination at Company headquarters shall disclose to its satisfaction that the products are de- fective, and an adjustment is required, the amount of such adjustment shall not exceed the net sales price of the defective products and no allowance will be made for labor or expense of repairing or replacing defec- tive products or workmanship or damage resulting from the same. If Company examination shall disclose that Customer is responsible for the damage, Customer shall be responsible for all freight and repair or re- placement costs. Company warrants the products which it sells of other manufacturers to the extent of the warranties of their respective makers. Where engineering design or fabrication work is supplied, buyer’s acceptance of Company’s design or of delivery of work shall relieve Company of all further obligation, other than as expressed in Company’s product warranty. THIS IS EPC’S SOLE WARRANTY. No other warranties, written or oral, express or implied, including the warranties of fitness for a purpose and merchantability, are made or authorized. No affirmation of fact, promise, and description of product of use or sample or model shall create any warranty from manufac- turer, unless signed by the vice president of the manufacturer. Company neither assumes, nor authorizes any person to assume for it, any other obligation about the sale of its engineering designs or products. This warranty shall not apply to any products or parts of products which(a) have been repaired or altered outside of Company’s factory, in any manner; or (b) have been subjected to misuse, negligence or accidents; or (c) have been used in a manner contrary to Company’s instruction or recommendations. Company shall not be responsible for design errors due to inaccurate or incomplete information supplied by Buyer or its repre- sentative.

Appears in 4 contracts

Samples: Equipment Rental Agreement, Equipment Rental Agreement, Equipment Rental Agreement

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OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal prop- erty, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment. LIMITED WARRANTY. Should Customer purchase their rented equipment, a 12 month warranty will be applied beginning at the start of the rental period. The Company warrants for 12 months one year from the date of shipment Company’s manufactured products to the extent that Company will replace those having defects in materials or workmanship work- xxxxxxx when used for the purpose and in the manner which Company recommends. If Company’s examination exami- nation at Company headquarters shall disclose to its satisfaction that the products are de- fectivedefective, and an adjustment ad- justment is required, the amount of such adjustment shall not exceed the net sales price of the defective products and no allowance will be made for labor or expense of repairing or replacing defec- tive defective products or workmanship or damage resulting from the same. If Company examination shall disclose that Customer is responsible for the damage, Customer shall be responsible for all freight and repair or re- placement replacement costs. Company warrants the products which it sells of other manufacturers to the extent of the warranties of their respective makers. Where engineering design or fabrication work is supplied, buyer’s acceptance of Company’s design or of delivery of work shall relieve Company of all further obligation, other than as expressed in Company’s product warranty. THIS IS EPC’S SOLE WARRANTY. No other warranties, written or oral, express or implied, including the warranties of fitness for a purpose and merchantability, are made or authorized. No affirmation of fact, promise, and description of product of use or sample or model shall create any warranty from manufac- turer, unless signed by the vice president of the manufacturer. Company neither assumes, nor authorizes any person to assume for it, any other obligation about the sale of its engineering designs or products. This warranty shall not apply to any products or parts of products which(a) have been repaired or altered outside of Company’s factory, in any manner; or (b) have been subjected to misuse, negligence or accidents; or (c) have been used in a manner contrary to Company’s instruction or recommendations. Company shall not be responsible for design errors due to inaccurate or incomplete information supplied by Buyer or its repre- sentative.

Appears in 1 contract

Samples: Equipment Rental Agreement

OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal prop- ertyproperty, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment. LIMITED WARRANTY. Should Customer purchase their rented equipment, a 12 month warranty will be applied beginning at the start of the rental period. The Company warrants for 12 months one year from the date of shipment Company’s manufactured products to the extent that Company will replace those having defects in materials or workmanship when used for the purpose and in the manner which Company recommends. If Company’s examination at Company headquarters shall disclose to its satisfaction that the products are de- fectivedefective, and an adjustment is required, the amount of such adjustment shall not exceed the net sales price of the defective products and no allowance will be made for labor or expense of repairing or replacing defec- tive defective products or workmanship or damage resulting from the same. If Company examination shall disclose that Customer is responsible for the damage, Customer shall be responsible for all freight and repair or re- placement replacement costs. Company warrants the products which it sells of other manufacturers to the extent of the warranties of their respective makers. Where engineering design or fabrication work is supplied, buyer’s acceptance of Company’s design or of delivery of work shall relieve Company of all further obligation, other than as expressed in Company’s product warranty. THIS IS EPC’S SOLE WARRANTY. No other warranties, written or oral, express or implied, including the warranties of fitness for a purpose and merchantability, are made or authorized. No affirmation of fact, promise, and description of product of use or sample or model shall create any warranty from manufac- turermanufacturer, unless signed by the vice president of the manufacturer. Company neither assumes, nor authorizes any person to assume for it, any other obligation about the sale of its engineering designs or products. This warranty shall not apply to any products or parts of products which(a) have been repaired or altered outside of Company’s factory, in any manner; or (b) have been subjected to misuse, negligence or accidents; or (c) have been used in a manner contrary to Company’s instruction or recommendations. Company shall not be responsible for design errors due to inaccurate or incomplete information supplied by Buyer or its repre- sentative.

Appears in 1 contract

Samples: Equipment Rental Agreement

OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal prop- ertyproperty, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment. LIMITED WARRANTY. Should Customer purchase their rented equipment, a 12 month warranty will be applied beginning at the start of the rental period. The Company warrants for 12 months from the date of shipment Company’s manufactured products to the extent that Company will replace those having defects in materials or workmanship when used for the purpose and in the manner which Company recommends. If Company’s examination at Company headquarters shall disclose to its satisfaction that the products are de- fectivedefective, and an adjustment is required, the amount of such adjustment shall not exceed the net sales price of the defective products and no allowance will be made for labor or expense of repairing or replacing defec- tive defective products or workmanship or damage resulting from the same. If Company examination shall disclose that Customer is responsible for the damage, Customer shall be responsible for all freight and repair or re- placement replacement costs. Company warrants the products which it sells of other manufacturers to the extent of the warranties of their respective makers. Where engineering design or fabrication work is supplied, buyer’s acceptance of Company’s design or of delivery of work shall relieve Company of all further obligation, other than as expressed in Company’s product warranty. THIS IS EPC’S SOLE WARRANTY. No other warranties, written or oral, express or implied, including the warranties of fitness for a purpose and merchantability, are made or authorized. No affirmation of fact, promise, and description of product of use or sample or model shall create any warranty from manufac- turermanufacturer, unless signed by the vice president of the manufacturer. Company neither assumes, nor authorizes any person to assume for it, any other obligation about the sale of its engineering designs or products. This warranty shall not apply to any products or parts of products which(a) have been repaired or altered outside of Company’s factory, in any manner; or (b) have been subjected to misuse, negligence or accidents; or (c) have been used in a manner contrary to Company’s instruction or recommendations. Company shall not be responsible for design errors due to inaccurate or incomplete information supplied by Buyer or its repre- sentativerepresentative. REVERSE ENGINEERING. Customer agrees not to disassemble, decompile or otherwise reverse engineer any equipment or materials provided.

Appears in 1 contract

Samples: Equipment Rental Agreement

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OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal prop- ertyproperty, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment. LIMITED WARRANTY. Should Customer purchase their rented equipment, a 12 month warranty will be applied beginning at the start of the rental period. The Company warrants for 12 months from the date of shipment Company’s manufactured products to the extent that Company will replace those having defects in materials or workmanship when used for the purpose and in the manner which Company recommends. If Company’s examination at Company headquarters shall disclose to its satisfaction that the products are de- fectivedefective, and an adjustment is required, the amount of such adjustment shall not exceed the net sales price of the defective products and no allowance will be made for labor or expense of repairing or replacing defec- tive defective products or workmanship or damage resulting from the same. If Company examination shall disclose that Customer is responsible for the damage, Customer shall be responsible for all freight and repair or re- placement replacement costs. Company warrants the products which it sells of other manufacturers to the extent of the warranties of their respective makers. Where engineering design or fabrication work is supplied, buyer’s acceptance of Company’s design or of delivery of work shall relieve Company of all further obligation, other than as expressed in Company’s product warranty. THIS IS EPCEZCF’S SOLE WARRANTY. No other warranties, written or oral, express or implied, including the warranties of fitness for a purpose and merchantability, are made or authorized. No affirmation of fact, promise, and description of product of use or sample or model shall create any warranty from manufac- turermanufacturer, unless signed by the vice president of the manufacturer. Company neither assumes, nor authorizes any person to assume for it, any other obligation about the sale of its engineering designs or products. This warranty shall not apply to any products or parts of products which(a) have been repaired or altered outside of Company’s factory, in any manner; or (b) have been subjected to misuse, negligence or accidents; or (c) have been used in a manner contrary to Company’s instruction or recommendations. Company shall not be responsible for design errors due to inaccurate or incomplete information supplied by Buyer or its repre- sentativerepresentative. REVERSE ENGINEERING. Customer agrees not to disassemble, decompile or otherwise reverse engineer any equipment or materials provided.

Appears in 1 contract

Samples: Equipment Rental Agreement

OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal prop- erty, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment. LIMITED WARRANTY. Should Customer purchase their rented equipment, a 12 month warranty will be applied beginning at the start of the rental period. The Company warrants for 12 months one year from the date of shipment Company’s manufactured products to the extent that Company will replace those having defects in materials or workmanship work- xxxxxxx when used for the purpose and in the manner which Company recommends. If Company’s examination exami- nation at Company headquarters shall disclose to its satisfaction that the products are de- fectivedefective, and an adjustment ad- justment is required, the amount of such adjustment shall not exceed the net sales price of the defective products and no allowance will be made for labor or expense of repairing or replacing defec- tive defective products or workmanship or damage resulting from the same. If Company examination shall disclose that Customer is responsible for the damage, Customer shall be responsible for all freight and repair or re- placement replacement costs. Company warrants the products which it sells of other manufacturers to the extent of the warranties of their respective makers. Where engineering design or fabrication work is supplied, buyer’s acceptance of Company’s design or of delivery of work shall relieve Company of all further obligation, other than as expressed in Company’s product warranty. THIS IS EPC’S SOLE WARRANTY. No other warranties, written or oral, express or implied, including the warranties of fitness for a purpose and merchantability, are made or authorized. No affirmation of fact, promise, and description of product of use or sample or model shall create any warranty from manufac- turer, unless signed by the vice president of the manufacturer. Company neither assumes, nor authorizes any person to assume for it, any other obligation about the sale of its engineering designs or products. This warranty shall not apply to any products or parts of products which(a) have been repaired or altered outside of Company’s factory, in any manner; or (b) have been subjected to misuse, negligence or accidents; or (c) have been used in a manner contrary to Company’s instruction or recommendations. Company shall not be responsible for design errors due to inaccurate or incomplete information supplied by Buyer Customer or its repre- sentative. REVERSE ENGINEERING. Customer agrees not to disassemble, decompile or otherwise reverse engi- xxxx any equipment or materials provided.

Appears in 1 contract

Samples: Equipment Rental Agreement

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