Common use of Damage waiver fee Clause in Contracts

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 up to date of the a damage waiver fee, fee (if applicable) the owner waives any claim it may have against the hirer shall be responsible for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is the hire period subject to payment of any excess payable by the hirer and the other terms of this document. hirer. 4.2 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 4.3 This clause ceases will not continue to operate at after the end expiration of the hire period agreement unless an extension by the owner is granted in writing and an additional agreed fee is paid. 4.3 4.4 This clause will not apply to loss or damage which relates to or 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 statutory laws or regulations in connection with the use of the equipment by the hirer; (iiiii) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; (iviii) 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; (viv) 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 the agreement; (viv) disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturerManufacturer’s instructions Instructions if supplied with the equipment at the commencement of hire; (viivi) unexplained disappearance disappearances of the equipment; (viiivii) 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 they are left unattended; or; (ixviii) loading or off-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 3.1 If a damage waiver fee amount has been inserted in the Schedule then upon payment by the hirer up to date of the damage waiver fee, fee the owner waives any claim it may have against the hirer shall be responsible for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is the hire period subject to payment of any excess payable by the hirer and the other terms of this document. hirer. 3.2 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 3.3 This clause ceases will not continue to operate at after the end expiration of the hire period agreement unless an extension by the owner is granted in writing and an additional agreed fee is paid. 4.3 3.4 This clause will not apply to loss or damage which relates to or 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 statutory laws or regulations in connection with the use of the equipment by the hirer; (iiiii) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; (iviii) 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; (viv) 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 the agreement; (viv) disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturerManufacturer’s instructions Instructions if supplied with the equipment at the commencement of hire; (viivi) unexplained disappearance disappearances of the equipment; (viiivii) 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 they are left unattended; or; (ixviii) 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 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 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-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 5.1 Upon payment by the hirer up to date of the damage waiver fee, fee the owner waives any claim it may have against the hirer shall be responsible for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is the hire period subject to payment of any an excess payable by the hirer and the other terms of this document. $5,000.00 per claim. 5.2 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 5.3 This clause ceases will not continue to operate at after the end expiration of the hire period agreement unless an extension by the owner is granted in writing and an additional agreed fee is paid. 4.3 5.4 This clause will not apply to loss or damage which relates to or 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 statutory laws or regulations in connection with the use of the equipment by the hirer; (iiiii) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; (iviii) 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; (viv) 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 the agreement; (viv) disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturerManufacturer’s instructions Instructions if supplied with the equipment at the commencement of hire; (viivi) unexplained disappearance disappearances of the equipment; (viiivii) 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 they are left unattended; or; (ixviii) loading or off-loading offloading 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. 5.5 To enable the Hirer an exemption from paying the Damage Waiver Fee, the Hirer must produce a Suitable Insurance Policy noting Hired in Equipment is covered with a Minimum of $200,000 cover per Claim or to the Value of the Equipment Hired at any one site, if the Hire Equipment is of a greater value.

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 vehicle 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 equipmentvehicle. 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 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 vehicle by the hirerhirer which increases the risk of loss or damage; (iii) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipmentvehicle; (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 tubesvehicle; (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 vehicle or in contradiction of the manufacturer’s instructions if supplied with the equipment vehicle at the commencement of hire; (vii) unexplained disappearance of the equipmentvehicle; (viii) theft of the equipment vehicle 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 vehicle whilst it is left unattended; or (ix) loading or off-loading equipment offloading vehicle from maritime vessels, transportation of equipment vehicle on maritime vessels or the use of equipment on any wharf or bridge or over any body of watervessels.

Damage waiver fee. 4.1 5.1 Upon payment by the hirer up to date of the damage waiver fee, fee the owner waives any claim it may have against the hirer shall be responsible for the cost of repairs or replacement of the equipment due to damage occurring during its use under this agreement. The limitation is the hire period subject to payment of any an excess payable by the hirer and the other terms of this document. $1,000.00 per claim. 5.2 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 5.3 This clause ceases will not continue to operate at after the end expiration of the hire period agreement unless an extension by the owner is granted in writing and an additional agreed fee is paid. 4.3 5.4 This clause will not apply to loss or damage which relates to or 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 statutory laws or regulations in connection with the use of the equipment by the hirer; (iiiii) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; (iviii) 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; (viv) 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 the agreement; (viv) disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or in contradiction of the manufacturerManufacturer’s instructions Instructions if supplied with the equipment at the commencement of hire; (viivi) unexplained disappearance disappearances of the equipment; (viiivii) 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 they are left unattended; or; (ixviii) loading or off-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.