Suitability of Equipment Sample Clauses

Suitability of Equipment. Subject to its representations and warranties in Section A above, CARRIER agrees to provide the necessary equipment and qualified personnel for performance of the transportation services required for BROKER and/or its customers. CARRIER’s equipment shall be clean, odor-free, dry, leak proof, and free of contamination and infestation, and no trailer or other vehicle that is used to provide transportation services under this Agreement shall have been used to transport refuse, garbage, trash, or any municipal, residual, industrial solid or liquid waste of any kind whatsoever, whether hazardous or non-hazardous, or any toxic or noxious substances (including pesticides, rodenticides, or insecticides). CARRIER’s equipment inspection records will be provided to BROKER within ten (10) business days on written request. XXXXXXX agrees that all shipments will be transported and delivered with reasonable dispatch, or as otherwise agreed. Where applicable, CARRIER’s trailers and equipment must also comply with the temperature-controlled refrigerated trailer requirements set forth herein or in the applicable a Load/Rate Confirmation. At no cost to BROKER, XXXXXXX’s trailers, equipment, or motor vehicles may be rejected at BROKER’s Shipper’s sole discretion if they do not pass the Shipper’s inspection standards. CARRIER may cure or otherwise provide a replacement of the nonconforming equipment at its own cost within four (4) hours of the original pickup time, but under no circumstance is BROKER’s Shipper obligated to tender a shipment to CARRIER where the Shipper previously rejected CARRIER’s equipment. Failure by BROKER’s Shipper to reject any equipment shall not relieve CARRIER of any liability hereunder and the acceptance and loading of the goods by the Shipper shall not constitute a waiver of any claims, including cargo loss or damage, that be asserted against CARRIER.
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Suitability of Equipment. It’s the Customer's responsibility to ascertain the stability of ground conditions and soil types and accordingly, to determine the type of Equipment appropriate for its project. Any advice for the use of the Equipment, any assumptions to be made by Mabey or any related configuration given by Xxxxx is based solely upon the loadings and statistical information given by the Customer. No attempt is, or can be, made by Xxxxx to check the validity of Customer information or ascertain what further factors should be taken into account and, accordingly, the configurations are suggested by Xxxxx as guidelines only. Where Xxxxx’ makes certain assumptions based on Customer information (e.g. design brief) such assumptions will be set out in in Xxxxx’x Quotation documentation. It is Customer’s responsibility to ensure that any information that it has provided to Xxxxx has been correctly interpreted by Xxxxx and that any assumptions made by Mabey are valid. Where the proposed Equipment design scheme imposes loads onto an existing structure then it is solely the Customer’s responsibility to check that the structure is capable of sustaining those loads. Xxxxx is not responsible where the proposed Equipment design scheme proves unsuitable due to the existing structure being incapable of sustaining the imposed loads.
Sample 1
Suitability of Equipment. Suppliers shall ensure that all IM&TE, including mechanical, automatic, or electronic inspection and test equipment, are suitable for their intended use and capable of producing valid results. Controls shall be in place to ensure that IM&TE maintain their suitability while in-use, in transit, or in storage.
Sample 1
Suitability of Equipment. To the best of Seller=s knowledge, all of the Equipment has been maintained in a good and workmanlike manner in accordance with normal industry standards, excepting normal wear and tear and obsolescence. Nevertheless, the Parties agree that all Equipment will be sold and conveyed to Buyer AAS IS, WHERE IS WITH ALL FAULTS@, and SELLER HEREBY DISCLAIMS, WITH RESPECT TO THE EQUIPMENT, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Sample 1

Related to Suitability of Equipment

  • Condition of Equipment Each Grantor will maintain or cause to be maintained and preserved in good condition, repair and working order, ordinary wear and tear excepted, the Equipment (necessary or useful to its business) and will forthwith, or in the case of any loss or damage to any Equipment of any Grantor within a commercially reasonable time after the occurrence thereof, make or cause to be made all repairs, replacements and other improvements in connection therewith which are necessary or desirable, consistent with past practice, or which the Collateral Agent may request to such end. Any Grantor will promptly furnish to the Collateral Agent a statement describing in reasonable detail any such loss or damage in excess of $25,000 per occurrence to any Equipment.

  • Removal of Equipment Subject, always, to the other terms and provisions of this Fee Agreement, the Company and any Sponsor Affiliates shall be entitled to remove and dispose of components of the Project from the Project in its sole discretion with the result that said components shall no longer be considered a part of the Project and, to the extent such constitute Economic Development Property, shall no longer be subject to the terms of this Fee Agreement. Economic Development Property is disposed of only when it is scrapped or sold or removed from the Project. If it is removed from the Project, it is subject to ad valorem property taxes to the extent the Property remains in the State and is otherwise subject to ad valorem property taxes.

  • Installation of Equipment You represent that there are no legal, contractual or similar restrictions on the installation of the Equipment in the location(s) you have authorized. It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions, and restrictions related to the Service, to pay any fees or other charges, and to obtain any permits or authorizations necessary for the installation or use of the Service (collectively "Legal Requirements"). You are solely responsible for any fines or similar charges for violation of any applicable Legal Requirements. You acknowledge and agree that Viasat or its designated service provider will be required to access your premises and computer to install and maintain the Equipment, including, without limitation, the antenna and its components. Standard Equipment installations performed by Viasat-authorized installers include: (i) installation of the antenna to an outside wall or sloped roof; (ii) travel to and from your Service location within 50 miles of the installer’s office; (iii) cable routed through one exterior wall and one interior wall or floor; (iv) connection of the antenna to the modem using up to 150 feet of cable; (v) connection of the modem to one computer using up to 7 feet of cable; and (vi) required mounting and cabling hardware. Any different or additional installation services or hardware are non-standard and may result in additional charges to be agreed upon between you and the installer. All installations include attaching the Equipment to your computer, installing software on your computer and configuring your computer to optimize the performance of the Internet Service. You confirm that you have reviewed the installation plan and agreed to any associated charges. If you approved a roof mount, you acknowledge the potential risks associated with this type of installation (including, without limitation, with respect to any warranty that applies to your roof or roof membrane). By signing this Agreement, scheduling one or more service or installation visits, and permitting us or our service provider to enter your home, you are authorizing Viasat and its service provider to perform all of the above actions. You are responsible for backing up the data on your computer and we highly recommend that you do so prior to permitting access to us or one of our designated service providers. NEITHER VIASAT NOR ITS SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM THE EQUIPMENT OR ANY INSTALLATION, REPAIR OR OTHER SERVICES ASSOCIATED WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES OR LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. This limitation does not apply to any damages arising from the gross negligence or willful misconduct of us or one of our designated service providers. Time frames for installation, if any, are not guaranteed and may vary depending on the types of services requested and other factors.

  • The Equipment 9.1 The British Council Equipment shall remain the property of the British Council and shall be used by the Supplier in the performance of the Services and for no other purposes. 9.2 The British Council shall be responsible for the repair or replacement of the British Council Equipment unless the need for repair or replacement is caused by the Supplier’s failure to comply with clause 9.3 or by the negligence or default of the Supplier. 9.3 The Supplier shall maintain all of the British Council Equipment in good and serviceable condition (fair wear and tear excepted) and shall only use the British Council Equipment in accordance with the British Council Equipment manufacturers’ recommendations. 9.4 The Supplier shall be liable for any loss of or damage to any of the British Council Equipment caused by the negligence or default of the Supplier. 9.5 The Supplier shall not in any circumstances have any right to refuse to return to the British Council any of the British Council Equipment and shall take steps necessary to ensure that the title of the British Council and the British Council’s right to repossess the British Council Equipment are effectively brought to the attention of any third party dealing with any of the British Council Equipment.

  • Location of Equipment The Customer shall not remove the Equipment from the location shown herein as the place of use of the equipment, without prior written approval of the Company. The Customer shall inform the Company by email upon demand of the exact location of the Equipment while it is in the Customer’s possession.

  • Leased Equipment The risk of loss or damage to leased equipment, goods or property shall not transfer to the University except as provided in §680.219, Florida Statutes. Any security interest in the leased equipment, goods or property granted to the Contractor contrary to AGO 79-72 and AGO 80-9 is null and void. Limitations of remedies provisions, which are unconscionable under applicable Florida law, are void. MATERIAL SAFETY DATA SHEET (MSDS). In compliance with Florida Statutes, Ch. 442, a Material Safety Data Sheet (MSDS) must accompany any applicable item delivered under this Agreement.

  • Title to Equipment Title shall vest in the Contractor to all equipment purchased hereunder.

  • Maintenance of Equipment The Equipment shall be maintained in good operating condition and repair (reasonable wear and tear excepted) and all necessary replacements of and repairs thereto shall be made so that the value and operating efficiency of the Equipment shall be maintained and preserved. No Borrower shall use or operate the Equipment in violation of any law, statute, ordinance, code, rule or regulation. Each Borrower shall have the right to sell Equipment to the extent set forth in Section 4.3 hereof.

  • PURCHASE OF EQUIPMENT AND PERSONAL PROPERTY For valuable consideration, the sum of $1.00, receipt of which is acknowledged, Xxxxxx agrees to quitclaim, transfer, sell, waive and release any interest it has or may have, including as the beneficiary of any trust interest created by the provisions of The Book of Discipline of The United Methodist Church, and Xxxxx agrees to accept all of Seller’s title and interest, if any, in and to all of the properties and assets held by Xxxxxx United Methodist Church and relating to the Conference’s claim for itself, or on behalf of The United Methodist Church, of any beneficial right of any kind, including all proprietary rights and privileges of any kind or nature, whether arising by operation of law, trust, contract, property or other means to all tangible personal property owned as of the date of this Bill of Sale in the name of Xxxxxx United Methodist Church (including, without limitation, cash, bank accounts, accounts and notes receivable, deposits, prepaid items, contents, furnishings, equipment, tools, furniture, leasehold improvements, computer software, permits, licenses, authorizations, books, records, papers, securities, funds, goodwill, contracts, and other intangibles (hereinafter collectively, the "Personal Property") on the terms and conditions set forth in this Bill of Sale.

  • Lease of Equipment Lessor leases to Lessee, and Lessee leases from Lessor, all the property described in the Lease Schedules which are signed from time to time by Lessor and Lessee.

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