Common use of Repair and Replacement Clause in Contracts

Repair and Replacement. Contractor shall repair or replace all containers damaged by collection operations (e.g., vehicle apparatus interface) within five (5) Business Days of being notified by customer or observing the damaged container. If the repair or replacement cannot be completed within five (5) Business Days, Contractor shall notify customer and provide a Contractor-owned container of the same size or larger until the original container can be replaced. The cost to repair or replace containers damaged or destroyed by Contractor or made unserviceable through normal wear and tear (except customer-owned containers) shall be borne by Contractor. Contractor shall not be responsible for the cost of repairing or replacing Contractor-owned containers that are lost, damaged or destroyed through customer’s negligence, i.e. placed in front of, or within a snow berm during winter road maintenance operations. In such case, Contractor shall be entitled to xxxx customers for the cost of a replacement Contractor- owned container and its delivery as presented in the rate schedule shown as Attachment D, as amended from time to time. Contractor shall not be responsible for the replacement of customer-owned containers that require repair or replacement due to normal wear and tear or that are lost, damaged or destroyed through customer negligence. Contractor shall allow customer to exchange Contractor-owned containers for a Contractor-owned container of a different size once per Calendar Year at a fee presented in the rate schedule shown as Attachment D, as amended from time to time. Contractor shall exchange Contractor-owned containers within five (5) Business Days of customer request. The collection rate for the exchanged container shall be as presented in the rate schedule shown as Attachment D, as amended from time to time. Contractor shall allow customers to rent additional Contractor-owned carts and shall be entitled to xxxx customers based upon the number of containers set out for collection.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

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Repair and Replacement. Contractor shall repair or replace all containers damaged by collection operations (e.g., vehicle apparatus interface) within five (5) Business Days of being notified by customer or observing the damaged container. If the repair or replacement cannot be completed within five (5) Business Days, Contractor shall notify customer and provide a Contractor-owned container of the same size or larger until the original container can be replaced. The cost to repair or replace containers damaged or destroyed by Contractor or made unserviceable through normal wear and tear (except customer-owned containers) shall be borne by Contractor. Contractor shall not be responsible for the cost of repairing or replacing Contractor-owned containers that are lost, damaged or destroyed through customer’s negligence, i.e. placed in front of, or within a snow berm during winter road maintenance operations. In such case, Contractor shall be entitled to xxxx customers for the cost of a replacement Contractor- owned container and its delivery as presented in the rate schedule shown as Attachment DC, as amended from time to time. Contractor shall not be responsible for the replacement of customer-owned containers that require repair or replacement due to normal wear and tear or that are lost, damaged or destroyed through customer negligence. Contractor shall allow customer to exchange Contractor-owned containers for a Contractor-owned container of a different size once per Calendar Year at a fee presented in the rate schedule shown as Attachment DC, as amended from time to time. Contractor shall exchange Contractor-owned containers within five (5) Business Days of customer request. The collection rate for the exchanged container shall be as presented in the rate schedule shown as Attachment DC, as amended from time to time. Contractor shall allow customers to rent additional Contractor-Contractor- owned carts and shall be entitled to xxxx customers based upon the number of containers set out for collection.

Appears in 1 contract

Samples: Franchise Agreement

Repair and Replacement. Contractor shall repair or replace all containers damaged by collection operations (e.g., vehicle apparatus interface) within five (5) Business Days of being notified by customer or observing the damaged container. If the repair or replacement cannot be completed within five (5) Business Days, Contractor shall notify customer and provide a Contractor-owned container of the same size or larger until the original container can be replaced. The cost to repair or replace containers damaged or destroyed by Contractor or made unserviceable through normal wear and tear (except customer-owned containers) shall be borne by Contractor. Contractor shall not be responsible for the cost of repairing or replacing Contractor-owned containers that are lost, damaged or destroyed through customer’s negligence, i.e. placed in front of, or within a snow berm during winter road maintenance operations. In such case, Contractor shall be entitled to xxxx bill customers for the cost of a replacement Contractor- owned container and its delivery as presented in the rate schedule shown as Attachment D, as amended from time to time. Contractor shall not be responsible for the replacement of customer-owned containers that require repair or replacement due to normal wear and tear or that are lost, damaged or destroyed through customer negligence. Contractor shall allow customer to exchange Contractor-owned containers for a Contractor-owned container of a different size once per Calendar Year at a fee presented in the rate schedule shown as Attachment D, as amended from time to time. Contractor shall exchange Contractor-owned containers within five (5) Business Days of customer request. The collection rate for the exchanged container shall be as presented in the rate schedule shown as Attachment D, as amended from time to time. Contractor shall allow customers to rent additional Contractor-owned carts and shall be entitled to xxxx bill customers based upon the number of containers set out for collection.

Appears in 1 contract

Samples: Franchise Agreement

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Repair and Replacement. Contractor shall repair or replace all containers damaged by collection operations (e.g., vehicle apparatus interface) within five (5) Business Days of being notified by customer or observing the damaged container. If the repair or replacement cannot be completed within five (5) Business Days, Contractor shall notify customer and provide a Contractor-owned container of the same size or larger until the original container can be replaced. The cost to repair or replace containers damaged or destroyed by Contractor or made unserviceable through normal wear and tear (except customer-owned containers) shall be borne by Contractor. At no additional cost, Contractor shall not be responsible for the cost of repairing or replacing replace Contractor-owned containers customer carts that are have been stolen, lost, damaged or destroyed through within five (5) Business Days unless said Contractor-owned container is damaged or destroyed due to customer’s negligence, i.e. placed in front of, or within a snow berm during winter road maintenance operations. In such case, Contractor shall be entitled to xxxx customers for the cost of a replacement Contractor- Contractor-owned container and its delivery as presented in the rate schedule shown as per Attachment D, as amended from time to time. D. Contractor shall not be responsible for the replacement of customer-owned containers that require repair or replacement due to normal wear and tear or that are lost, damaged or destroyed through customer negligencetear. Contractor shall allow customer to exchange Contractor-owned containers for a Contractor-owned container of a different size once per Calendar Year at a fee presented in no additional cost, except for the rate schedule shown as Attachment Ddelivery charge, as amended from time to time. Contractor and shall exchange replace Contractor-owned containers within five (5) Business Days of customer request. The collection rate for the exchanged container container, if different from the original container, shall be as presented shown in the rate schedule shown as Attachment D, as amended from time to time. D. Contractor shall allow customers to rent additional Contractor-owned carts and shall be entitled to xxxx customers based upon the number of containers set out for collection.

Appears in 1 contract

Samples: Franchise Agreement

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