DAMAGE WAIVER OR THEFT WAIVER. 9.1 The Renter is obliged to accept cover from the Company in respect of a Waiver Protection package and can elect between STANDARD WAIVER or SUPER WAIVER as contained in the Harley Davidson Motorcycle Rental terms and conditions. All Motorcycles hired from the Company are hired subject to acceptance of a minimum of the compulsory Standard Waiver option.
9.2 The Damage Liability Amount applicable to the STANDARD or SUPER WAIVER respectively is contained on the front page of the Rental Agreement for the Rental Period and is subject to the Terms and Conditions of this Rental Agreement.
9.3 The Renter shall be liable for any and all loss/damage of, or to the Motorcycle sustained by the Company, arising from any cause whatsoever, subject to the Damage Liability Amount payable, as described in the front page of the Rental Agreement, where applicable.
9.4 The renter will, subject to clauses 10 and 11, be liable for the damage liability amount applicable irrespective of the manner in which an incident occurred or whether the damage was due to negligence by a third party.
9.5 In the event of the Motorcycle being stolen or considered beyond economical repair; the replacement value will be the retail value as determined by an independent assessor appointed by the Company as at the time of such loss. In the event of the Motorcycle being less than (1) one-year-old, the cost thereof shall be the retail value of a new Motorcycles. All accessories, spares, equipment and tools, irrespective of the age of the Motorcycle, will be replaced as new.
9.6 Any breach of the terms and conditions contained in this Rental Agreement:
9.6.1 may result in the Company withholding a replacement Motorcycle from the Renter; this election is at the sole discretion of the Company; and
9.6.2 will result in the Renter being deemed fully liable for all damages to the Motorcycles.
9.7 Notwithstanding anything in this Rental Agreement, the Company shall not be obliged to make, institute or proceed with any claim which the Company may otherwise have had against a third party for the recovery of any loss or damage to or in connection with the Motorcycle and accordingly, the Company shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.
