Common use of Damage waiver fee Clause in Contracts

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. 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 thethe equipment due to damage occurring during the hire period subject to any excess payable by the hirer. 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 $50.0030.00* per day or $200.00150.00* 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 thethe Manufacturer’s Instructions if supplied with the equipment at the commencement of hire; (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 off loading equipment from maritime vessels or the use of equipment on any wharf or bridge or over any body of water.

Damage waiver fee. 4.1 23.1 Upon payment by the hirer of the damage waiver fee the owner shall Damage Waiver Fee by You KH will, subject to clauses 23.2, 23.3, 23.4, 23.5, 23.6, 23.7 and 23.8, be responsible for the cost of repairs or and/or replacement of thethe Equipment due to loss, theft or damage occurring during the Hire Period. 4.2 In 23.2 The cost of repairs and/or replacement does not include the event Excess Charges. If an insurance claim is made by KH for the cost of an accidentrepairs and/or replacement of the Equipment during the Hire Period, damage or total loss the hirer Excess Charges will be liable to pay either:-payable by You. (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 23.3 This clause is 23 in no way entitles the hirer You to, or implies the available availability of, compensation from the owner KH for any liability incurred by the hirer You in relation to the use of the hired equipmentEquipment. 4.4 This clause 23.4 Clause 23.1 will not continue to operate after the expiration expiry of the hire agreement this Agreement unless an extension by the owner is granted in writing by KH and an additional agreed fee Damage Waiver Fee is paidpaid by You. 4.5 This clause 23.5 Clause 23.1 will not apply to theft, loss or damage which relates to or arises the Equipment arising from: (a) Breach breach of any statutory laws or regulations in connection with relating to the use of the equipment by the hirerEquipment; (b) Misusemisuse, abuse, wilful and/or or malicious actsuse, negligent and/or negligent, careless or reckless use and/or overloading use, overloading, exceeding rated capacity, or improper servicing of the equipmentEquipment; (c) Theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment Equipment including but not limited to; hoses, drills, bits, grease guns, electric leads, tyres and tubes; (d) Lack lack of lubrication or non-adherence to other normal compliance with maintenance requirements that could reasonably be expected of the hirer You under the agreementthis Agreement; (e) Disregard for disregard of instructions given to You by KH or the hirer by the owner manufacturer in respect of the proper use of the equipment or on contradiction of theEquipment; (f) Unexplained disappearances a breach of the equipment.this Agreement by You; (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 failure to reasonably secure the equipment whilst they are left unattended.Equipment against theft; (h) Loading or offloading equipment from maritime vessels or damage to the use of equipment Equipment during transit (including while on any wharf or wharf, bridge or over water); (i) glass breakage or exposure to corrosive substances or erosion or earth movement; (j) damage to electric motors or tools caused by unsuitable leads and/or leads being too long; (k) damage to Equipment paintwork; (l) loss or damage due to mysterious disappearance; (m) loss or damage caused by misappropriation or wrongful conversion; (n) use of the Equipment on an off-shore oil rig or underground or (o) any body matter that is excluded under a policy of waterinsurance held by KH. 23.6 If the Price payable by You under this Agreement is increased for any reason, including due to an extension of this Agreement, You must pay to KH the increased Damage Waiver Fee arising from that increase in Price. 23.7 This clause 23 does not apply to any Wet Hire of Equipment. 23.8 You acknowledge and agree that this clause 23 is not an insurance policy but is an agreement by KH to limit Your liability in certain circumstances.

Damage waiver fee. 4.1 5.1 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 equipment due to damage occurring during the hire period subject to an accident, damage or total loss excess payable by the hirer will be liable to pay either:- (a) an excess of $5,000.00 if they elect to not pay a damage waiver;per claim. (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 5.2 This clause is in no way entitles the hirer to, or implies the available availability of, compensation from the owner for any liability incurred by the hirer in relation to the use of the hired equipment. 4.4 5.3 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 5.4 This clause will not apply to loss or damage which relates to or arises from: (ai) Breach breach of any statutory laws or regulations in connection with the use of the equipment by the hirer; (bii) Misusemisuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; (ciii) Thefttheft, 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; (div) Lack lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of the hirer under the agreement; (ev) Disregard disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or on contradiction in contUDGLFWLRQ RI WKH 0DQXIDFWXUHU¶V , with the equipment at the commencement of thehire; (fvi) Unexplained unexplained disappearances of the equipment.; (gvii) Theft theft of the equipment in circumstances where site security is available including, but not limitedlimited to, locked yards, buildings and sheds, where proper security is not used by the hirer to secure the equipment whilst they are left unattended.; (hviii) Loading loading or 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 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 thethe equipment due to damage occurring during the hire period subject to any excess payable by the hirer. Damage waiver is not insurance. 4.2 In 3.2 Damage waiver must be paid by the event customer where the full new replacement cost of an accidentthe equipment exceeds $200, damage or total loss unless the hirer will be liable to pay either:-company has waived this requirement in writing. (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 3.3 This clause is in no way entitles the hirer to, or implies the available availability of, compensation from the owner for any liability incurred by the hirer in relation to the use of the hired equipment. 4.4 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. 4.5 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: (ai) Breach breach of any statutory laws or regulations in connection with the use of the equipment by the hirer; (b) Misuse; the customers negligent acts or omissions, misuse, abuse, wilful willful and/or malicious acts, negligent and/or reckless use and/or overloading of the equipment; (c) Theft; theft, loss or damage by whatever cause to tools and/or accessories supplied with the equipment including but not limited to; hosesleads and accessories, drillscases and enclosures, bits, grease guns, electric leads, tyres and tubes;software (dii) Lack lack of lubrication or non-adherence to other normal maintenance requirements that could reasonably be expected of the hirer under the agreement; (eiii) Disregard disregard for instructions given to the hirer by the owner in respect of the proper use of the equipment or on in contradiction of thethe Manufacturer’s Instructions if supplied with the equipment at the commencement of hire; (fiv) Unexplained unexplained disappearances of the equipment.; (gv) Theft theft of the equipment in circumstances where site security is available including, but not limitedlimited to, locked yards, buildings and sheds, where proper security is not used by the hirer to secure the equipment whilst they are left unattended.; (hvi) Loading or offloading 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.