Valuation of Loss. Our Liability is Limited. Unless otherwise agreed in writing, you shall be responsible to us for the replacement cost value or repair cost of the Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) whichever is less. If there is a reason to believe a theft has occurred, you shall file a police report. Loss of use shall be determined by the actual loss sustained by us. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged
Valuation of Loss. Unless otherwise agreed in writing, you shall be responsible to us for the replacement cost value or repair costs of the Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) whichever is less. If there is a reason to believe a theft has occurred, you shall file a police report. Loss of use shall be determined by the actual loss sustained by us. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Equipment. Our determination whether the damaged equipment shall be replaced or repaired shall be conclusive.
Valuation of Loss. Unless otherwise agreed in writing, The Customer shall be responsible to TheatreWorld for the replacement cost value (not to exceed the then published retail price as presented on TheatreWorld’s web site) or repair costs of the Product (if the Product can be restored, by repair, to its pre-loss condition) whichever is less. If there is a reason to believe a theft has occurred, The Customer shall file a police report. Loss of use shall be determined by the actual loss sustained by TheatreWorld. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen, or damaged Product. TheatreWorld will not be bound by any insurance company’s valuation of the Product based on a calculation of actual cash value or total loss value.
Valuation of Loss. Unless otherwise agreed in writing, you shall be responsible to us for the replacement cost value or repair costs of the Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) whichever is less. If there is a reason to believe a theft has occurred, you shall file a police report. Loss of use shall be determined by the actual loss sustained by us. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Equipment. Rental fees for the subject equipment shall continue to accrue until the you have paid for the lost, damaged or stolen equipment or until repairs are completed. Our determination whether the damaged equipment shall be replaced or repaired shall be conclusive.
Valuation of Loss. Unless otherwise agreed in writing and not due to the negligence or willful misconduct of us or a defect in the Equipment, you shall be responsible to us for the replacement cost value (Actual cash values for Vehicles) or repair cost of the Equipment (if the Equipment can be restored, by repair, to its pre- loss condition) whichever is less if such repair or replacement is due to your negligence or willful misconduct. Accrued rental charges shall not be applied against the actual loss sustained. If there is a reason to believe a theft has occurred, you shall file a police report. Loss of use shall be calculated by an independent claims adjuster.
Valuation of Loss. You shall be responsible for the replacement cost value or repair cost of the Product, whichever is less. In the event of total loss, You shall be responsible for the full replacement value of the Product in addition to the rental fee. In no event shall We be liable for any consequential damages.
Valuation of Loss. Our Liability is Limited. Unless otherwise agreed in writing, You shall be responsible to Us for the replacement cost value or repair cost of the Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) whichever is less. If there is a reason to believe a theft has occurred, You shall file a police report. Loss of use shall be calculated at the rental rate provided for in this Agreement. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Equipment. In the event of loss for which We are responsible, Our liability will be limited to the contract price and We will, in no event, be liable for any consequential, special or incidental damages.
Valuation of Loss. Unless otherwise agreed in writing through the purchase of Our optional damage waiver insurance, You will be responsible to Us for the replacement cost value or the repair costs to restore the Product to in pre-loss condition. We reserve the right to charge for replacement cost value when repair is deemed inappropriate or would render the item unusable by Us. You will also be responsible for costs for loss of use determined by the actual loss sustained by Us. You will be required to file a police report in the event of theft. Accrued rental charges cannot be applied against the purchase price or cost of repair of the lost, stolen or damaged Product. Bailment – This Agreement constitutes a lease or bailment of the Product and is not a sale or the creation of a security interest. You will not have, or at any time acquire, any right, title, or interest in the Product except the right to possession and use as described in this Agreement. Waiver– No Waiver of any of Your obligations under this Agreement shall be deemed to take place unless said waiver is in writing and signed by Us. Failure to exercise a remedy hereunder or any other acquiescence in the default shall not constitute a waiver unless in writing. We shall be able to pursue any remedy under this Agreement until You have rendered complete performance under this Agreement.
Valuation of Loss. Unless otherwise agreed in writing and not due to the negligence or willful misconduct of us, a breach of this agreement by Us, or a defect in the Equipment, You shall be responsible to us for the replacement cost (actual cash value for vehicles) or repair cost of the Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) whichever is less- if such repair or replacement is due to Your Company's and its employees' and agents' negligence or willful misconduct. If there is a reason to believe a theft has occurred, you shall file a police report (if required by law). Loss of use shall be actual loss sustained. Accrued rental charges shall not be applied against the purchase price or cost of repair of the lost, stolen or damaged Equipment.
Valuation of Loss. Adjustment of the physical damage loss amount under this section will be computed as of the date of loss at the covered property, and for no more than your interest in the covered property, subject to the following:
a. On contractors' equipment, mobile equipment, watercraft, and automobiles:
(1) The cost to repair or replace the property with new mobile equipment or automobiles of like kind and quality at the time of the loss, if less than or equal to two years from December 31 of the model year.
(2) The lesser of the actual cash value at the time of the loss or the cost to repair if greater than two years from December 31 of the model year.
(3) If not repaired or replaced, the actual cash value.
b. Stock in process: We agree to pay at the value of raw materials and labor expended plus the proper proportion of overhead charges.
c. Finished goods manufactured by you: We agree to pay at the regular cash-selling price at the covered property where the loss happens, less all discounts and charges to which the finished goods would have been subject had no loss happened.
d. Raw materials. On raw materials, supplies and other merchandise not manufactured by you:
(1) If repaired or replaced, the actual expenditure incurred in repairing or replacing the damaged or destroyed property, or
(2) If not repaired or replaced, the actual cash value.
e. Fine arts:
(1) We agree to pay at the appraised value of the article to a maximum of $1,000,000 per occurrence or in the aggregate for multiple occurrences only if the fine art cannot be replaced with other of like kind and quality. We agree to pay the lesser of:
(i) The reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss;
(ii) Cost to replace the article; or
(iii) Current market value at time of loss.
(2) In the event a fine arts article is part of a pair or set, and a physically damaged article cannot be replaced, or repaired or restored to the condition that existed immediately prior to the loss, we will be liable for the lesser of the full value of such pair or set or the amount designated on the schedule of values, not to exceed our sublimit as stated above or in the declarations pages. You agree to surrender the pair or set to us.
