Common use of Rental Equipment Clause in Contracts

Rental Equipment. RENTAL EQUIPMENT is guaranteed free from defects in materials and/or workmanship. VERIPOS’ liability in respect of a breach of this guarantee is strictly limited to: (i) repair and/or replacement of the defective RENTAL EQUIPMENT; and (ii) suspension of rental charges pertaining to such RENTAL EQUIPMENT in accordance with the provisions of this CLAUSE 7.2. In the event of breakdown or failure of RENTAL EQUIPMENT which is being operated by personnel other than VERIPOS PERSONNEL, rental charges shall, unless the breakdown is due to the failure of the CLIENT to adequately maintain or operate RENTAL EQUIPMENT, cease to be payable from return by CLIENT of the faulty RENTAL EQUIPMENT to the nominated DELIVERY POINT, until return to the DELIVERY POINT of repaired and/or replacement RENTAL EQUIPMENT. VERIPOS shall inspect defective RENTAL EQUIPMENT upon return to its premises to determine the cause of breakdown or failure. The CLIENT will be entitled to be represented at any such inspection at its own cost. In the event of breakdown or failure of RENTAL EQUIPMENT being operated by VERIPOS PERSONNEL, rental charges shall be suspended from the time RENTAL EQUIPMENT fails to function until its restoration to full working order. 7.2.1 Regardless of by whom the RENTAL EQUIPMENT is being operated, CLIENT shall be responsible for all transportation and associated costs for returning defective RENTAL EQUIPMENT from CLIENT’S worksite to the DELIVERY POINT and vice versa. VERIPOS shall be responsible for transport costs between the DELIVERY POINT and VERIPOS’ premises and vice versa. 7.2.2 VERIPOS shall have the right, subject only to obtaining the CLIENT’S prior APPROVAL, which shall not be unreasonably withheld, to substitute all or any of the RENTAL EQUIPMENT with compatible RENTAL EQUIPMENT of equivalent performance without affecting the terms and conditions on which RENTAL EQUIPMENT is supplied hereunder. 7.2.3 If at any time there is evidence of any lien or attachment to which, if established, VERIPOS or its RENTAL EQUIPMENT might be subjected, where made by any person against CLIENT, then in such an event, VERIPOS shall have the right to recover from the CLIENT on demand, such sum of money as will fully indemnify VERIPOS against such lien or attachment. Such payment shall be made to VERIPOS, within ten (10) calendar days of the date of VERIPOS’ demand.

Rental Equipment. RENTAL EQUIPMENT is guaranteed free from defects in materials and/or workmanship. VERIPOS’ liability in respect of a breach of this guarantee is strictly limited to: (i) repair and/or replacement of the defective RENTAL EQUIPMENT; and (ii) suspension of rental charges pertaining to such RENTAL EQUIPMENT in accordance with the provisions of this CLAUSE 7.2. In the event of breakdown or failure of RENTAL EQUIPMENT which is being operated by AUSTRALIA – TERMS AND CONDITIONS personnel other than VERIPOS PERSONNEL, rental charges shall, unless unl ess the breakdown is due to the failure of the CLIENT to adequately maintain or operate RENTAL EQUIPMENT, cease to be payable from return by CLIENT of the faulty RENTAL EQUIPMENT to the nominated DELIVERY POINT, until return to the DELIVERY POINT of repaired and/or and/ or replacement RENTAL EQUIPMENTEQUIPMENT . VERIPOS shall inspect defective RENTAL R ENTAL EQUIPMENT upon return to its premises to determine the cause of breakdown breakdow n or failure. The CLIENT T he C LIENT will be entitled to be represented at any such inspection suc h inspecti on at its own cost. In the event of breakdown breakdow n or failure of RENTAL RENT AL EQUIPMENT being operated by VERIPOS PERSONNEL, rental charges shall be suspended from sus pended fr om the time RENTAL EQUIPMENT fails to function functi o n until its restoration to full working order. 7.2.1 Regardless of by whom the RENTAL EQUIPMENT R ENTAL EQU IPMENT is being operatedoper ated, CLIENT shall be responsible r esponsi ble for all transportation and associated ass ociat ed costs for returning returni ng defective RENTAL EQUIPMENT from fr om CLIENT’S worksite to the DELIVERY POINT and vice vic e versa. VERIPOS shall be responsible responsi ble for transport costs between betw een the DELIVERY DELIVER Y POINT and VERIPOS’ premises and vice versa. 7.2.2 VERIPOS shall have the right, subject only to obtaining obtaini ng the CLIENT’S prior APPROVAL, which shall not be unreasonably withheld, to substitute all or any of the RENTAL EQUIPMENT EQUIPM ENT with compatible com pati ble RENTAL EQUIPMENT of equivalent eq uivalent performance without affecting the terms and conditions on which RENTAL w hich RENTA L EQUIPMENT is supplied hereunder. 7.2.3 If at any time there is evidence of any lien or attachment attachm ent to which, if established, VERIPOS or its RENTAL RENT AL EQUIPMENT might be subjected, where w here made by any person against CLIENTagai nst C LIENT, then in such i n suc h an event, VERIPOS shall have the right to t o recover from fr om the CLIENT on demand, such suc h sum of money as will fully indemnify i ndemnify VERIPOS against agai nst such lien or attachmentattachm ent. Such payment shall be made to t o VERIPOS, within ten (10) calendar days of the date of VERIPOS’ demand.