Ordinary wear and tear definition

Ordinary wear and tear means only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment on a one-shift basis. Damage, which is not “ordinary wear and tear,” includes, but is not limited to, damage resulting from lack of fuel, lubrication or contaminated fuel, failure to maintain proper oil, water, hydraulic or air pressure levels, damage due to overturning, overloading or exceeding rated capacities, improper use, abuse, lack of cleaning and tire damages. Customer shall be responsible for all loss and damage not caused by ordinary wear and tear.
Ordinary wear and tear means deterioration of the premises which is the result of
Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Lessee performing all of its obligations under this Lease. Except as otherwise agreed or specified in writing by Lessor, the Premises, as surrendered, shall include the Utility Installations. The obligation of Lessee shall include the repair of any damage occasioned by the installation, maintenance or removal of Lessee's Trade Fixtures, furnishings, equipment, and Alterations and/or Utility Installations, as well as the removal of any storage tank installed by or for Lessee, and the removal, replacement, or remediation of any soil, material or ground water contaminated by Lessee, all as may then be required by Applicable Law and/or good service practice. Lessee's Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee subject to its obligation to repair and restore the Premises per this Lease.

Examples of Ordinary wear and tear in a sentence

  • Ordinary wear and tear shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Lessee performing all of its obligations under this Lease.

  • Ordinary wear and tear of personal property used on the job is not compensated.

  • Ordinary wear and tear, unusual abuse or neglect are excepted from this guarantee.

  • Ordinary wear and tear of the Subject Property, which does not include staining, chipping, scratching and marking up the walls or floors, is excluded.

  • Ordinary wear and tear of Equipment shall mean only the normal deterioration of Equipment caused by ordinary and reasonable use during the time used.


More Definitions of Ordinary wear and tear

Ordinary wear and tear as used herein shall mean wear and tear which manifests itself solely through normal intensity of use and passage of time consistent with the employment of commercially prudent measures to protect finishes and components from damage and excessive wear, the application of regular and appropriate preventative maintenance practices and procedures, routine cleaning and servicing, waxing, polishing, adjusting, repair, refurbishment and replacement at a standard of appearance and utility and as often as appropriate for Class A corporate and professional office occupancies in the Petaluma office market. The term “ordinary wear and tear” would thus encompass the natural fading of painted surfaces, fabric and materials over time, and carpet wear caused by normal foot traffic. To the extent that such wear and tear exceeds the normal Class A office occupancy standards of the Petaluma office market, such would be considered items of deferred maintenance indicative of a degradation of the improvements. The term “ordinary wear and tear” shall not include any damage or deterioration that could have been prevented by Xxxxxx’s employment of ordinary prudence, care and diligence in the occupancy and use of the Premises and the performance of all of its obligations under this Lease. Items not considered reasonable wear and tear hereunder include the following for which Tenant shall bear the obligation for repair and restoration (except to the extent caused by the gross negligence or willful misconduct of Landlord or its employees or agents)
Ordinary wear and tear means only the normal deterioration the equipment caused by ordinary and responsible use on a one-shift (eight hours per day, five days per week) basis. Xxxxxx agrees to pay immediately all charges and cost incurred.
Ordinary wear and tear means only the normal deterioration of the Equipment caused by ordinary and reasonable use.
Ordinary wear and tear means normal deterioration considered reasonable in the equipment rental industry for One Shift use.
Ordinary wear and tear means only the normal deterioration of the equipment on a caused by ordinary, reasonable and proper use of the equipment.
Ordinary wear and tear means only the normal deterioration of the equipment caused by ordinary, reasonable, and proper use of the equipment. Damage which is not exceeding rated capacities, breakage; improper use, abuse, lack of cleaning, dirtying of equipment by paint, mud, plaster, concrete, rosin or any other material. A cleaning charge will be made on equipment returned unclean. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Customer agrees not to use or allow anyone to use the equipment for any illegal purpose or in an unsafe manner. Custom- er agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the equip- ment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits or taxes arising from his use of the equipment, including any subsequently determined to be due. Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety equipment required, to operate the equipment or use the equipment. Customer shall not allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe condition or situation, modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without CER’s prior written permission; or, allow a lien to be placed upon the equipment. Customer agrees to check filters, oil, fluid levels, air pressure, clean and visually in- spect the equipment at least daily and to immediately discontinue use and notify CER when equipment is found to need repair or maintenance or is not properly function- ing. Customer acknowledges that CER has no responsibility to inspect the equipment while it is in Customer’s possession. RETURN OF EQUIPMENT. Customer agrees to return to CER the equipment in as good condition as when received, ordinary wear and tear expected by the Rental Agree- ment Agreed Return Date. Customer shall be liable for all damaged to or loss of the equipment and liability incurred prior to equipment’s return to CER. Customer shall be responsible for all costs incurred by CER recovering and returning damaged equip- ment to CER’s premises. If equipment is to be “picked up” by CER, customer agrees to provide a secure storage location and Customer accepts all risks including damage to and liability relative to equipment until equipment is picked up by CER. DISCLAIMER OF WARRANTIES. C...
Ordinary wear and tear means the deterioration of the Facility which would be reasonably expected to result from operating the Facility in a manner consistent with Good Utility Practice.