Damage waiver fee Sample Clauses

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Damage waiver fee. 4.1 Upon payment by the hirer up to date of the damage waiver fee, the owner waives any claim it may have against the hirer for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is subject to payment of any excess payable by the hirer and the other terms of this document. This clause in no way entitles the hirer to, or implies the availability of, compensation from the owner for any liability incurred by the hirer to any third party in relation to the use of the hired equipment. 4.2 This clause ceases to operate at the end of the hire period unless an extension by the owner is granted in writing and an additional agreed fee is paid. 4.3 This clause will not apply to loss or damage which arises from: (i) Breach of this agreement where the breach increases the risk of loss or damage; (ii) breach of any statute or other law or regulations in connection with the use of the equipment by the hirer; (iii) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; (iv) theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including but not limited to; hoses, drills, bits, grease guns, electric leads, tyres and tubes; (v) lack of lubrication or non-adherence to other normal maintenance requirements that are required by or could reasonably be expected of the hirer under this agreement; (vi) disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturer’s instructions if supplied with the equipment at the commencement of hire; (vii) unexplained disappearance of the equipment; (viii) theft of the equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, where proper security is not used by the hirer to secure the equipment whilst it is left unattended; or (ix) loading or off-loading equipment from maritime vessels, transportation of equipment on maritime vessels or the use of equipment on any wharf or bridge or over any body of water.
Damage waiver fee. 3.1 Upon payment by the hirer of the damage waiver fee the owner shall be responsible for the cost of repairs or replacement of the equipment due to damage occurring during the hire period subject to any excess payable by the hirer. Damage waiver is not insurance. 3.2 Damage waiver must be paid by the customer where the full new replacement cost of the equipment exceeds $200, unless the company has waived this requirement in writing. 3.3 This clause in no way entitles the hirer to, or implies the availability of, compensation from the owner for any liability incurred by the hirer in relation to the use of the hired equipment. 3.4 This clause will not continue to operate after the expiration of the hire agreement unless an extension by the owner is granted in writing and an additional agreed fee is paid. 3.5 Subject to clause 3.6, where the customer has paid damage waiver, the customer’s liability for loss or theft of, or damage to, the equipment is limited to $500. 3.6 This clause will not apply to loss or damage which relates to or arises from: (i) breach of any statutory laws or regulations in connection with the use of the equipment by the hirer; the customers negligent acts or omissions, misuse, abuse, willful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including but not limited to; leads and accessories, cases and enclosures, software (ii) lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of the hirer under the agreement; (iii) disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the Manufacturer’s Instructions if supplied with the equipment at the commencement of hire; (iv) unexplained disappearances of the equipment; (v) theft of the equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, where proper security is not used by the hirer to secure the equipment whilst they are left unattended; (vi) Loading or off-loading equipment from maritime vessels, transportation of equipment on maritime vessels or the use of equipment on any wharf or bridge or over any body of water.
Damage waiver fee. In lieu of a larger, refundable security deposit, a non- refundable service and liability fee of $50.00 is required with each reservation. This service fee provides up to $1,500.00 of accidental damage coverage during the duration of your stay. To ensure that you are not charged for any damages, you are responsible for reporting any accidental damages to the Lakeside Cottage Rental office in a timely manner. This damage waiver is not insurance and does not cover the following: Coverage under this plan is not provided for loss or damages due to: a) Intentional acts or gross negligence b) Normal wear and tear of the real or personal property assigned to the rental property c) Any damage that occurs if you are in violation of the lease agreement (e.g. parties, pets, smoking, drinking, etc.) d) Loss, theft, or damage to any personal effects owned by you or brought with you during the rental period e) Loss, theft, or damage caused by any person other than you or your traveling companions with whom you share the rental property
Damage waiver fee. 7.1 Upon payment by the Customer of the optional Damage Waiver Fee, Nexxis shall be responsible for the cost of repairs or replacement of the Equipment due to damage occurring during the Lease Term, subject to any excess payable by the Customer. 7.2 This clause: (a) in no way entitles the Customer to, or implies the availability of, compensation from Nexxis of any liability incurred by the Customer in relation to the use of the Equipment; (b) will not continue to operate after the Expiry Date, unless an extension of the Lease Term has been granted by Nexxis in writing, and an additional agreed fee is paid by the Customer; and (c) will not apply to loss or damage which relates to, or arises from: (i) breach of any statutory laws or regulations in connection its servants and agents) to enter (as an invitee of the Customer) upon and into land and premises owned, occupied or used by the Customer (or any other premises where the Equipment is located), using such force as is necessary, to take possession of the Equipment. The Customer must provide Nexxis with all reasonable assistance in order to locate and collect the Equipment. If the Equipment is not available for collection at the nominated location, date and/or time, the Customer will be liable for any additional costs Nexxis may incur as a result thereof. Nexxis will not be liable for any damage to property caused by any person collecting the Equipment pursuant to this clause.
Damage waiver fee. In addition to any Security Deposit required under Section 3 of this Agreement, Lessor may require Lessee to pay a non-refundable damage waiver fee equal to 15% of the total rent amount upon execution of this Agreement. The damage waiver fee is neither insurance nor a warranty. If Lessee submits a damage waiver fee pursuant to Lessor’s request in accordance with this subsection 4(a), Lessor hereby waives its right to recover direct costs associated with any loss of or damage to the Equipment while the Equipment is in the possession of Lessee, subject to the following exclusions for loss of or damage to the Equipment as a result of: i). Negligence of Lessee or ▇▇▇▇▇▇’s agent(s); ii). Vandalism, theft, malicious injury to property, conversion, or mysterious disappearance; iii). Loss of or damage to accessory equipment, such as electric cords, hoses, points, chisels, floor polisher brushes, etc.; iv). Overloading, exceeding rated capacity, misuse, abuse, or improper servicing; v). Blowouts, bruises, cuts, or other causes inherent in the use of tires or tubes; or vi). Any loss of or damage to the Equipment caused by any third party not associated with or related to Lessee.
Damage waiver fee. 6.1 Upon payment by the Customer of the Damage Waiver Fee, Nexxis shall be responsible for the cost of repairs or replacement of the Equipment due to damage occurring during the rental period subject to any excess payable by the Customer. 6.2 This clause in no way entitles the Customer to, or implies the availability of, compensation from Nexxis for any liability incurred by the Customer in relation to the use of the Equipment. 6.3 This clause will not continue to operate after the expiration of the Rental Agreement unless an extension by Nexxis is granted in writing and an additional agreed fee is paid. 6.4 This clause will not apply to loss or damage which relates to or arises from: (a) breach of any statutory laws or regulations in connection with the use of the Equipment of the Customer; (b) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the Equipment; (c) theft, loss or damage by whatever cause to tools and/or accessories supplied with the Equipment including but not limited to: probe tips, probe tip cases, electric leads and cables, USB, AC adaptors, manuals, user guides, CD ROMS, batteries, extension cords or cables, and any other accessories in the packing list; (d) lack of appropriate storing or non-adherence to other normal maintenance requirements that could reasonably be expected of the Customer under the Rental Agreement; (e) disregard for instructions given to the Customer by Nexxis in respect of the proper use of the Equipment or in contradiction of the manufacturer’s instructions if supplied with the Equipment at the commencement of the rental; (f) unexplained disappearances of the Equipment; (g) theft of the Equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, where proper security is not used by the Customer to secure the Equipment whilst they are left unattended; and (h) loading or off loading Equipment from maritime vessels, transportation of Equipment on maritime vessels or the use of Equipment on any wharf or bridge or over any body of water.
Damage waiver fee. A compulsory non refundable damage waiver fee applies to all fencing products with mesh infill and is charged at 10% of the Rates applicable for the fence (subject to change). The Damage Waiver covers the Hirer for liability for all costs incurred in repairing or replacing mesh infill only. The Damage Waiver Fee is not charged for the following types of Hirers (who shall remain liable for all damage): • Event Customers/Event Sites • Demolition Companies/Demolition Sites • Mining Companies/Mining Sites • Approved Hirers The Hirer shall be liable for all loss and damage to Equipment not covered by the Damage Waiver (including fence panels, frames and bases), in accordance with Clause 5 below.
Damage waiver fee. Paying guests subject to a $50 per reservation peace of mind (damage waiver) fee to cover accidental damage up to $1,000. This does not cover normal wear and tear due to rental occupancy of furniture or appliances. Management will only replace necessities. Decorative items are to be replaced at owner’s discretion. Money will be deposited into owners account for such item. OWNER agrees to keep receipts when purchasing new items; owner files are kept onsite at the Islander for you to forward receipts to be kept onsite in your file. Items purchased 5+ years ago will be determined 100% depreciated and no compensation will be paid. Unit owners that participate in Owner Swaps will be exempt from paying this fee.
Damage waiver fee. 5.1 A Damage Waiver is charged to cover accidental damage and general wear and tear.
Damage waiver fee. All Reservations for a period of 21 days or less shall be subject to an Accidental Damage Waiver fee of $50, which is non-refundable. This fee covers the Tenant for up to $500 for any reported accidental damage during their stay. The Tenant agrees to replace or restore any personal property belonging to Owner which may be broken, lost, destroyed or damaged, and excepting for usual wear and tear, to repair all damages and injuries to the unit hereby rented, resulting from a lack of reasonable care and attention by the Tenant or by negligence of the Tenant, family and/or other guests. Increases to Damage Waiver Fees and/or Security Deposits (up to $2,000) may be requested on a case-by-case basis. If a Security Deposit is requested, it is to secure the faithful performance of Guest’s promises and duties contained herein. Security Deposits will be refunded by mail, within thirty (30) days of Check-out, less any costs for repairs or damages or excessive housekeeping charges.