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. 4.1 Upon payment by the hirer of the damage waiver fee the owner shall be responsible for the cost of repairs or replacement of the
4.2 In the event of an accident, damage or total loss the hirer will be liable to pay either:-
(a) an excess of $5,000.00 if they elect to not pay a damage waiver;
(b) an excess of $2,500.00 if the hirer elects to pay a damage waiver of $50.00* per day or $200.00* per week (excluding GST)
(c) Or the hirer has a “Hired in Plant” policy in place with their insurer
4.3 This clause is no way entitles the hirer to, or implies the available of, compensation from the owner for any liability incurred by the hirer in relation to the use of the hired equipment.
4.4 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.
4.5 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 by the hirer;
(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; hoses, drills, bits, grease guns, electric leads, tyres and tubes;
(d) Lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of the hirer under the agreement;
(e) Disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or on contradiction of the
(f) Unexplained disappearances of the equipment.
(g) Theft of the equipment in circumstances where site security is available including, but not limited, locked yards, buildings and sheds, where proper security is not used by the hirer to secure the equipment whilst they are left unattended.
(h) Loading or offloading equipment from 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 Rental 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 Rental 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 with the use of the Equipment by the Customer;
(ii) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the Equipment;
(iii) 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 adapters, manuals, user guides, CD ROMS, batteries, extension cords or cables, and any other accessories in the packing list);
(iv) lack of appropriate storing or non-adherence to other normal maintenance requirements that could reasonably be expected of the Customer under this Contract;
(v) 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 upon commencement of the Rental Term;
(vi) unexplained disappearance of the Equipment;
(vii) 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 it is left unattended; and/or
(viii) loading or off-loading Equipment from maritime vessels, transportation of Equipment on maritime vessels or the use of Equipment on any wharf, 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. 20.1 In the case of a Hire/Storage Contract in respect of Canberra Containers Equipment, the Customer must pay an optional Damage Waiver Fee unless the Customer provides Canberra Containers with a certificate of currency in respect of an insurance policy covering the Equipment and public liability insurance as per clause 0, and Canberra Containers approves the said insurance.
20.2 The Customer acknowledges that the Damage Waiver Fee is not insurance and that payment of the Damage Waiver Fee relieves the Customer of any liability in excess of the Damage Waiver Limit for loss or damage caused to the Equipment for loss or damage caused to the Equipment by graffiti, theft, forced or attempted forced entry, earthquake, hail, windstorm, hurricane and tornado. The Dame Waiver Fee will not limited the Customer’s liability unless the Customer:
(a) takes reasonable precautions against theft and forced entry;
(b) notifies Canberra Containers of loss or damage to the Equipment within five (5) days of discovery of such an event;
(c) deliver to Canberra Containers satisfactory proof of the loss or damage and the police report in the events of theft and forced entry within thirty (30) days of discovery of such an event; and
(d) the Customer complies with the terms of Canberra Containers Hire/Storage Contract.
20.3 The Customer authorises Canberra Containers to pay the Damage Waiver Fee in the manner provided in clause 5 at the beginning of each monthly period during the hire/storage period provided the Damage Waiver Fee is payable under this clause.
20.4 Subject to the Damage Waiver Fee provisions under clauses 20.1 to 20.3, the Customer shall be liable for and shall indemnify Canberra Containers in respect of any claim made against Canberra Containers and all damages, costs, and expenses suffered or incurred by Canberra Containers on a full indemnity basis in the respect of:
(a) personal injury;
(b) damage to property;
(c) a claim by a third party; arising from the state, condition or use of the Equipment in any way whatsoever from the hire or store of the Equipment under Canberra Containers Hire/Storage Contract. The Customer’s liability under this indemnity is diminished to the extent that Canberra Containers breach of the Hire/Storage Contract or Canberra Containers negligence caused the liability claims, damage, loss, costs or expenses.
20.5 It shall be the Customer’s responsibility to insure any stored goods and the Customer’s own equipment.
20.6 Canberra Container...
Damage waiver fee. 5.1 A Damage Waiver is charged to cover accidental damage and general wear and tear.
Damage waiver fee. 7.1 Upon payment by You of the Damage Waiver Fee, covers wear and tear during event dates, Damage waiver does not cover for the cost of repairs or the cost of replacement for any Furniture Hire if damage is sustained during the Hire Period.
7.2 Clause 7.1 only applies where that cost is equal to or less than $50,000. You remain responsible for costs to the extent that they exceed $50,000.
7.3 Clause 7.1 applies where the cost is equal to or less than $50,000 in total if you:
a) Have hired equipment from Select Print for one event or exhibition;
b) Have hired the equipment from Select Print under more than one Contract; and
c) Have paid the Damage waiver fee for more than one of those contracts.
7.4 Clause 7.1 will not continue to operate after the expiration of the Hire Period unless an extension by Select Print is granted in writing and an additional fee is paid.
7.5 Clause 7.1 does not limit Your liability for failure to return the hired equipment.
7.6 Clause 7.1 will not apply to, You remain responsible for, loss or damage occurring to the Equipment:
a) Because of breach of any statutory laws or regulations in connection with the use of the Equipment by You;
b) Because of misuse, abuse, wilful or malicious acts, negligent or reckless use or overloading of the Equipment;
c) Because of disregard for instructions given to You by Select Print in respect of the proper use of the Equipment or in contradiction of the manufacturer’s instructions if supplied with the Equipment at the time of hiring;
d) Because of the unexplained disappearance of the Equipment;
e) Because of theft of the Equipment;
f) While the Equipment is in transit, if being carried by You or Your employee, contractor or agent.
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.
