Common use of Condition of the Equipment Clause in Contracts

Condition of the Equipment. Customer acknowledges having inspected, examined and accepted the Equipment upon its delivery to Customer and that, as delivered to Customer, the Equipment is safe and in good operating condition and repair and is otherwise acceptable to Customer. Customer acknowledges and agrees that Customer has selected the Equipment based on Customer’s determination that the Equipment is appropriate for the Customer’s purposes, use, application and environment, and not based on any recommendation by DR. The Equipment is provided to Customer by DR AS IS, WHERE IS and without any warranty by DR as to its condition or appropriateness for the Customer’s purpose. The Equipment shall be deemed to be accepted by Customer upon delivery and subject to the terms and conditions of this Agreement if Customer does not notify DR in writing within 48 hours of delivery of the Equipment of any problem with the Equipment. If, during Customer' s possession of the Equipment, it is found by Customer not to be in good mechanical condition, as a result of conditions not the responsibility of Customer, nor caused by the fault or negligence of Customer or Customer' s employees or agents, Customer will so notify DR, whereupon DR will then, at its option and without any other liability or responsibility by DR to Customer: (a) repair or suitably replace the Equipment within a reasonable time during DR' s normal working hours, with the commencement or running of the terms of this Agreement to be tolled for the period the Equipment is "down"; or (b) remove the Equipment and terminate this Agreement and refund payments of rental charges, if any, for the unexpired term of the Agreement, less whatever is due DR for damage to or maintenance of Equipment which is the responsibility of Customer. Customer agrees to provide full access to the Equipment to DR's representatives so as to enable DR to meet its responsibilities hereunder.

Condition of the Equipment. Customer acknowledges having inspected, examined examined, and accepted the Equipment upon its delivery to Customer and that, as delivered to Customer, the Equipment is safe and in good operating condition and repair and is otherwise acceptable to Customer. Customer acknowledges and agrees that Customer has selected the Equipment based on Customer’s determination that the Equipment is appropriate for the Customer’s purposes, use, application application, and environment, and not based on any recommendation by DREP. The Equipment is provided to Customer by DR EP AS IS, WHERE IS IS, and without any warranty by DR EP as to its condition or appropriateness for the Customer’s purpose. The Equipment shall be deemed to be accepted by Customer upon delivery and subject to the terms and conditions of this Agreement if Customer does not doesnot notify DR EP in writing within 48 hours of delivery of the Equipment of any problem with the Equipment. If, If during Customer' s 's possession of the Equipment, it is found by Customer not to be in good mechanical condition, as a result of conditions not the responsibility of Customer, nor caused by the fault or negligence of Customer or Customer' s 's employees or agents, Customer will so notify DREP, whereupon DR EP will then, at its option and without any other liability or responsibility by DR EP to Customer: (a) repair or suitably replace the Equipment within a reasonable time during DR' s EP's normal working hours, with the commencement or running of the terms of this Agreement to be tolled for the period the Equipment is "down"; or (b) remove the Equipment and terminate this Agreement and refund payments of rental charges, if any, for the unexpired term of the Agreement, less whatever is due DR for damage to or maintenance of Equipment which is the responsibility of Customer. Customer agrees to provide full access to the Equipment to DR's representatives so as to enable DR to meet its responsibilities hereunder.or