Common use of RISK OF LOSS AND CARE Clause in Contracts

RISK OF LOSS AND CARE. The Customer agrees to properly protect, safeguard and operate all Equipment while it is in its Possession and Control and to return the Equipment to WFWI at the termination or expiry of this lease at WFWI’s designated location in as good condition as received (normal wear and tear exempted). While the Equipment is in the Customer’s Possession and Control, the Customer shall maintain the Equipment in good condition and working order and shall bear and be responsible for all risk and liability for any injury or damage to or theft, loss or destruction of the Equipment from any source or cause whatsoever. If any Equipment is lost, stolen or destroyed, the Customer shall pay WFWI the full replacement cost of the Equipment on demand. If any Equipment is damaged, the Customer will pay WFWI, on demand, (a) the cost of repairing the Equipment so that it is in good working order and condition or (b) if, in WFWI’s reasonable opinion, the Equipment cannot be properly repaired, the full replacement cost of such Equipment. The customer further agrees to compensate WFWI for its loss of revenue from lost rent calculated at the rental rate under the Rental Contract to the expiry of the term and thereafter at the daily rental set forth in WFWIs most recent catalogue rental price for the period until the Equipment is repaired or replaced. The Customer shall immediately notify WFWI if any Equipment becomes damaged, lost, stolen or destroyed. In no case shall the Customer repair any Equipment without WFWI’s written authorization. Any maintenance or authorized repairs shall be performed only by technicians who are familiar with and have the technical competence to performance such services.

Appears in 2 contracts

Samples: Equipment Lease Agreement, Equipment Lease Agreement

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RISK OF LOSS AND CARE. The Customer agrees to properly protect, safeguard and operate all Equipment while it is in its Possession and Control and to return the Equipment to WFWI WLES at the termination or expiry of this lease at WFWIWLES’s designated location in as good condition as received (normal wear and tear exempted). While the Equipment is in the Customer’s Possession and Control, the Customer shall maintain the Equipment in good condition and working order and shall bear and be responsible for all risk and liability for any injury or damage to or theft, loss or destruction of the Equipment from any source or cause whatsoever. If any Equipment is lost, stolen or destroyed, the Customer shall pay WFWI WLES the full replacement cost of the Equipment on demand. If any Equipment is damaged, the Customer will pay WFWIWLES, on demand, (a) the cost of repairing the Equipment so that it is in good working order and condition or (b) if, in WFWIWLES’s reasonable opinion, the Equipment cannot be properly repaired, the full replacement cost of such Equipment. The customer further agrees to compensate WFWI WLES for its loss of revenue from lost rent calculated at the rental rate under the Rental Contract to the expiry of the term and thereafter at the daily rental set forth in WFWIs WLESs most recent catalogue rental price for the period until the Equipment is repaired or replaced. The Customer shall immediately notify WFWI WLES if any Equipment becomes damaged, lost, stolen or destroyed. In no case shall the Customer repair any Equipment without WFWIWLES’s written authorization. Any maintenance or authorized repairs shall be performed only by technicians who are familiar with and have the technical competence to performance such services.

Appears in 1 contract

Samples: Lease Agreement

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RISK OF LOSS AND CARE. The Customer agrees to properly protect, safeguard and operate all Equipment while it is in its Possession and Control and to return the Equipment to WFWI at the termination or expiry of this lease at WFWI’s designated location in as good condition as received (normal wear and tear exempted). While the Equipment is in the Customer’s Possession and Control, the Customer shall maintain the Equipment in good condition and working order and shall bear and be responsible for all risk and liability for any injury or damage to or theft, loss or destruction of the Equipment from any source or cause whatsoever. If any Equipment is lost, stolen or destroyed, the Customer shall pay WFWI the full replacement cost of the Equipment on demand. If any Equipment is damaged, the Customer will pay WFWI, on demand, , (a) the cost of repairing the Equipment so that it is in good working order and condition or (b) if, in WFWI’s reasonable opinion, the Equipment cannot be properly repaired, the full replacement cost of such Equipment. The customer further agrees to compensate WFWI for its loss of revenue from lost rent calculated at the rental rate under the Rental Contract to the expiry of the term and thereafter at the daily rental set forth in WFWIs WFWI’s most recent catalogue rental price for the period until the Equipment is repaired or replaced. The Customer shall immediately notify WFWI if any Equipment becomes damaged, lost, stolen or destroyed. In no case shall the Customer repair any Equipment without WFWI’s written authorization. Any maintenance or authorized repairs shall be performed only by technicians who are familiar with and have the technical competence to performance such services.

Appears in 1 contract

Samples: Equipment Lease

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