Quality of Equipment. The Concessionaire will sell or rent only the types of equipment approved by the Department. The Concessionaire will maintain an adequate supply of all equipment, that the Department’s Agreement Manager deems appropriate for the Park or necessary to accommodate Park visitors. The Concessionaire will ensure that all equipment sold or rented is of good quality, safe, and clean.
Quality of Equipment. 4.1 Ice shall pass on the benefit to the Customer of any warranties it receives from the manufacturer of the Equipment.
4.2 The Customer acknowledges that any attempt to repair, service or tamper with the Equipment may invalidate the manufacturer’s warranty.
Quality of Equipment. DMO will use commercially reasonable efforts to insure that all permanent or temporary facilities, supplies, equipment, fixtures, and materials purchased or used by DMO in furtherance of this Agreement will be of good quality and appropriate for the intended use.
Quality of Equipment. 5.1 If the Equipment is supplied with a manufacturer’s warranty or guarantee, Clever Association will endeavour to pass the benefit of such warranty or guarantee to the Customer. The Customer acknowledges and agrees that any warranty which accompanies the Equipment will start from the date the Equipment is delivered to Clever Association.
5.2 When the Equipment is handed over to the Customer, following the process set out in clause 8, any failures of the Equipment after the handover will be handled in accordance with the manufacturer’s warranty or guarantee process. Clever Association may, if required by the Customer, liaise with the manufacturer on behalf of the Customer to resolve the Equipment failure. Clever Association may charge the Customer for such assistance services.
5.3 The Customer acknowledges that any warranty or guarantee provided by the manufacturer is likely to be invalidated if:
5.3.1 the Customer makes any further use of the Equipment after notifying the manufacturer or Clever Association that the Equipment has failed
5.3.2 the failure arises because the Customer has not followed Clever Association’s oral or written instructions regarding the storage, installation, use or maintenance of the Equipment;
5.3.3 the failure arises as a result of Clever Association following any drawing, design or specification supplied by or on behalf of the Customer;
5.3.4 the Customer alters or repairs such Equipment without the written consent of Clever Association or the manufacturer;
5.3.5 the failure arises because any third party engaged by the Customer to install the Equipment has not followed proper procedure and/or written instructions relating to the installation of the Equipment or (if there are none) good trade practice, and as a result the Equipment has been damaged or impaired;
5.3.6 the failure arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
5.3.7 the Equipment differs from its description as a result of changes made to ensure it complies with statutory or regulatory standards.
5.4 Except as provided in this clause 5, Clever Association shall have no liability to the Customer in respect of any failure of the Equipment.
Quality of Equipment. All machinery and equipment forming the Equipment is in reasonable operating condition and in a reasonable state of repair and maintenance, subject to ordinary wear and tear for equipment of comparable age, and has not suffered any material damage.
Quality of Equipment. Contractor shall only use Equipment for the Work as specified in or as is otherwise consistent with this Agreement. All Equipment shall be fabricated, applied, installed, connected, operated (during start-up and testing), cleaned and conditioned in a manner that meets or exceeds the written instructions of the applicable Vendor.
Quality of Equipment. All permanent or temporary facilities, supplies, equipment, fixtures or similar services, materials or equipment purchased or used by CONTRACTOR in furtherance of this Agreement shall be believed by CONTRACTOR to be of good quality for service and intended use, and adequate for the function intended to be served. All permanently installed equipment and fixtures shall be of good quality and shall be fit for their intended use.
Quality of Equipment. The Equipment is of a quality that is in operating condition and will be of a quality that is in operating condition as of the date the equipment will be shipped to Purchaser pursuant to the applicable Transition Services Agreement as of the time immediately prior to shipment. In the event that the Equipment is not in operating condition, Seller will repair such Equipment and bring it into operating condition prior to shipment to Purchaser at no additional cost to Purchaser. Notwithstanding anything to the contrary in Article 7, this is Purchaser’s sole remedy under this clause as it relates to the quality of Equipment.
Quality of Equipment. 7.1 RFiD Discovery confirms that on delivery the Equipment shall:
7.1.1 be free from material defects in design, material and workmanship; and
7.1.2 be of satisfactory quality (within the meaning of the Sale of Equipment Act 1979).
7.2 To the extent that there is any manufacturer’s guarantee or warranty attached to the Equipment, RFiD Discovery shall endeavour pass the benefit of such manufacturer’s guarantee or warranty to the Customer, where it is possible to do so.
7.3 Subject to clause 7.4, if:
7.3.1 the Customer gives notice in writing within a reasonable time after delivery, that some or all of the Equipment does not comply with the warranty set out in clause 7.1;
7.3.2 RFiD Discovery is given a reasonable opportunity of examining such Equipment; and
7.3.3 RFiD Discovery confirms the issue is covered under warranty; and
7.3.4 the Customer (if asked to do so by RFiD Discovery) returns such Equipment to RFiD Discovery’s place of business at the Customer's cost, RFiD Discovery shall, at its option, repair or replace the defective Equipment.
7.4 RFiD Discovery shall not be liable for the Equipment's failure to comply with clause 7.1 if:
7.4.1 the Customer continues to use such Equipment after giving a notice in accordance with clause 7.3.1;
7.4.2 the defect occurs because the Customer has not followed RFiD Discovery’s instructions relating to storage, installation, use or maintenance of the Equipment or (if there are none) good trade practice;
7.4.3 the defect arises because RFiD Discovery has followed any drawing, design or specification supplied by the Customer;
7.4.4 the Customer alters or repairs such Equipment, without the written consent of RFiD Discovery;
7.4.5 the defect arises due to fair wear and tear, wilful damage, negligence, or abnormal working conditions;
7.4.6 the Equipment differs from its description as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
7.5 Except as provided in this clause 7, RFiD Discovery shall have no liability to the Customer in respect of the Equipment's failure to comply clause 7.1.
7.6 These Conditions shall apply to any repaired or replacement Equipment supplied by RFiD Discovery under clause 7.3.
Quality of Equipment. All supplies, equipment, fixtures or similar services, materials or equipment purchased or used by Academy Theatre, acting as fiscal agent, in furtherance of this Agreement shall be of good quality for service and intended use, and adequate for the function intended to be served. All permanently installed equipment and fixtures shall be of good quality and shall be fit for their intended use.
