Common use of Damage Waiver Clause in Contracts

Damage Waiver. 18.1 Encore Monitoring has available and may offer at its discretion an optional rental equipment damage waiver facility for certain items of Equipment. If the Customer seeks the waiver and it is available, the monthly rental will be increased by a fee. This waiver does not cover theft or loss of the Equipment or damage to the Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided further: (a) the Customer notifies Encore Monitoring within 2 business days of the damage; (b) the Customer pays to Encore Monitoring an amount equivalent to an undiscounted 1 month's rental fee and damage waiver fee within 14 days of date of invoice for this amount. 19.2 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if the damage to Equipment was directly or indirectly the result of: (a) Misuse or use contrary to instructions; or (b) Malice or any deliberate act; or (c) Negligence or want of care; or (d) An act or omission by any person who is not the Customer or in the Customer's direct employ; or (e) Damage by any cause at or from a place which has not been approved as a rental location. 18.3 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of: (a) The Customer is in breach of any item or condition of the Rental Agreement; or (b) The Customer fails to fully co-operate with the Police and Encore Monitoring in relation to any theft, loss or repairs to damaged Equipment; or (c) The Equipment has a value, or its price, is in excess of $100,000. 18.4 The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manuals. 18.5 The waiver option does not apply to any item comprising the Equipment which is noted as being excluded on the accessory list provided with the Equipment. The cost for repair or replacement of these items of the Equipment will be invoiced to and payable by the Customer.

Damage Waiver. 18.1 Encore Monitoring 20.1 Unless indicated in the specific terms of this Rental Agreement the Equipment is covered by Damage Waiver, for which a fee has available and may offer at its discretion an optional been included in the rental equipment damage waiver facility for certain items of Equipment. If the Customer seeks the waiver and it is available, the monthly rental will be increased by a feerate. This waiver does not cover theft or loss of the Equipment or damage to the Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided further: (a) further that the Customer notifies Encore Monitoring TechRentals of the damage within 2 business days of the damage; (b) the Customer pays to Encore Monitoring an amount equivalent to an undiscounted 1 month's rental fee and damage waiver fee within 14 days of date of invoice for this amountdays. 19.2 20.2 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if the damage to Equipment was directly or indirectly the result of: (a) Misuse or use contrary to instructions; or (b) Malice or any deliberate act; or (c) Negligence or want of care; or (d) An act or omission by any person who is not the Customer or in the Customer's direct employ; or (e) Damage by any cause at or from a place which has not been approved as a rental location. 18.3 20.3 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of: (a) The Customer is in breach of any item or condition of the Rental Agreement; or (b) The Customer fails to fully co-operate with the Police and Encore Monitoring in relation to any theft, loss or repairs to damaged Equipment; or (c) The Equipment has a value, or its price, is in excess of $100,000. 18.4 20.4 The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manualsmanuals in good order and condition. 18.5 20.5 The waiver option does not apply to any item comprising the Equipment which is noted as being excluded on the accessory list provided with the Equipment. The cost for repair or replacement of these items of the Equipment will be invoiced to and payable by the Customer.

Damage Waiver. 18.1 Encore Monitoring 20.1 TR has available and may offer at its discretion an optional rental equipment damage waiver facility for certain items of Equipment. If the Customer seeks the waiver and it is available, the monthly rental rate will be increased by a fee. This waiver does not cover theft or loss of the Equipment or damage to the Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided further: (a) the Customer notifies Encore Monitoring TR of the damage within 2 business days of the damagedays; (b) the Customer pays to Encore Monitoring TR an amount calculated by multiplying the daily rental rate by 30 together with the damage waiver fee within 14 days of date of invoice for this amount. or (c) the Customer pays to TR an amount equivalent to an undiscounted 1 month's ’s rental fee and damage waiver fee within 14 days of date of invoice for of this amount. 19.2 20.2 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if the damage to Equipment was directly or indirectly the result of: (a) Misuse or use contrary to instructions; or (b) Malice or any deliberate act; or (c) Negligence or want of care; or (d) An act or omission by any person who is not the Customer or in the Customer's direct employ; or (e) Damage by any cause at or from a place which has not been approved as a rental location. 18.3 20.3 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of: (a) The Customer is in breach of any item or condition of the Rental Agreement; or (b) The Customer fails to fully co-operate with the Police and Encore Monitoring TR in relation to any theft, loss or repairs to damaged Equipment; or (c) The Equipment has a value, or its price, is in excess of $100,000. 18.4 20.4 The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manualsmanuals in good order and condition. 18.5 20.5 The waiver option does not apply to any item comprising the Equipment which is noted as being excluded on the accessory list provided with the Equipment. The cost for repair or replacement of these items of the Equipment will be invoiced to and payable by the Customer.

Damage Waiver. 18.1 Encore Monitoring 20.1 TR has available and may offer at its discretion an optional rental equipment damage waiver facility (“Waiver”) for certain items of equipment. The Waiver limits the Customer’s liability for SOME loss and damage to the Rental Equipment. . 20.2 The Waiver is not available for, and the Customer will be entirely responsible for, the return of all accessories and manuals in good order and condition. 20.3 If the Customer seeks the waiver Waiver and it is available, the monthly rental rate will be increased by a fee. This waiver does not cover theft or fee (“Waiver Fee”). 20.4 If the Waiver Fee has been paid by the Customer, TR waives its rights against the Customer for loss of the Equipment or and damage to the Rental Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided furtherif: (a) the Customer notifies Encore Monitoring TR of the loss or damage within 2 business days of the damagedays; (b) the Customer pays to Encore Monitoring TR an amount equivalent to an undiscounted 1 month's calculated by multiplying the daily rental fee and damage waiver fee rate by 30 (“Waiver Excess”) within 14 days of the date of invoice for this amountinvoice; and (c) the loss or damage is not due to circumstances set out in clause 20.5. 19.2 20.5 The waiver option Waiver does not apply and the Customer will continue in all respects to be fully responsible if the cover loss or damage to the Rental Equipment was directly or indirectly in the result offollowing circumstances: (a) Misuse or use contrary to instructionsthe theft of the Rental Equipment; or (b) Malice misuse or use contrary to TR’s or the manufacturer’s instructions; or (c) malice or any deliberate act; or (cd) Negligence negligent acts or omissions or want of care; or (de) An an act or omission by any person who is not the Customer or in the Customer's direct employ; or (ef) Damage damage by any cause at or from a place which has not been approved as a rental location.; or 18.3 The waiver option does not apply and (g) the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of: (a) The Customer is in breach of breaches any item or condition of the Rental AgreementDocuments; or (bh) The Customer fails to fully co-operate with the Police and Encore Monitoring in relation to any theft, loss or repairs to damaged Equipmentdamage is caused by vandalism; or (ci) The Equipment has a value, or its price, damage is in excess caused by the overloading of $100,000the Rental Equipment. 18.4 20.6 The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manuals. 18.5 The waiver Waiver option does not apply to any item comprising the Rental Equipment which is noted as being excluded on the accessory list provided with the Rental Equipment. The cost for repair or replacement of these items of the Rental Equipment will be invoiced to and payable by the Customer.

Damage Waiver. 18.1 Encore Monitoring 20.1 TR has available and may offer at its discretion an optional rental equipment damage waiver facility (“Waiver”) for certain items of Equipmentequipment. The Waiver limits the Customer’s liability for SOME loss and damage to the Rental Equipement. 20.2 The Waiver is not available for, and the Customer will be entirely responsible for, the return of all accessories and manuals in good order and condition. 20.3 If the Customer seeks the waiver Waiver and it is available, the monthly rental rate will be increased by a fee. This waiver does not cover theft or fee (“Waiver Fee”). 20.4 If the Waiver Fee has been paid by the Customer, TR waives its rights against the Customer for loss of the Equipment or and damage to the Rental Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided furtherif: (a) the Customer notifies Encore Monitoring TR of the loss or damage within 2 business days of the damagedays; (b) the Customer pays to Encore Monitoring TR an amount equivalent to an undiscounted 1 month's calculated by multiplying the daily rental fee and damage waiver fee rate by 30 (“Waiver Excess”) within 14 days of the date of invoice for this amountinvoice; (c) the loss or damage is not due to a circumstances set out in clause 20.5. 19.2 20.5 The waiver option Waiver does not apply and the Customer will continue in all respects to be fully responsible if the cover loss or damage to the Rental Equipment was directly or indirectly in the result offollowing circumstances: (a) Misuse or use contrary to instructionsthe theft of the Rental Equipment; or (b) Malice misuse or use contrary to TR’s or the manufacturer’s instructions; or (c) malice or any deliberate act; or (cd) Negligence negligent acts or omissions or want of care; or (de) An an act or omission by any person who is not the Customer or in the Customer's direct employ; or (ef) Damage damage by any cause at or from a place which has not been approved as a rental location.; 18.3 The waiver option does not apply and (g) the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of: (a) The Customer is in breach of breaches any item or condition of the Rental AgreementDocuments; or (bh) The Customer fails to fully co-operate with the Police and Encore Monitoring in relation to any theft, loss or repairs to damaged Equipment; oris caused by vandalism; (ci) The Equipment has a value, or its price, is in excess caused by the overloading of $100,000the Rental Equipment. 18.4 20.6 The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manuals. 18.5 The waiver Waiver option does not apply to any item comprising the Rental Equipment which is noted as being excluded on the accessory list provided with the Rental Equipment. The cost for repair or replacement of these items of the Rental Equipment will be invoiced to and payable by the Customer.

Damage Waiver. 18.1 Encore Monitoring 14.1 Hotline has available and may offer at its discretion an optional rental equipment damage waiver facility for certain items of Equipment. If the Customer Client seeks the waiver and it is available, the monthly rental agreement rate will be increased by a fee. This waiver does not cover theft or loss of the Equipment or damage to the Equipment caused by the negligence of the Customer Client or to any damage caused to the Equipment other than in the course of its proper use and provided further: (a) the Customer Client notifies Encore Monitoring Hotline of the damage within 2 business days of the damagedays; (b) the Customer Client pays to Encore Monitoring Hotline an amount calculated by multiplying the daily rental rate by 30 together with the damage waiver fee within 30 days of date of invoice for this amount. Or (c) the Client pays to Hotline an amount equivalent to an undiscounted 1 month's ’s rental fee and damage waiver fee within 14 30 days of date of invoice for of this amount. 19.2 14.2 The waiver option does not apply and the Customer Client will continue in all respects to be fully responsible if the damage to Equipment was directly or indirectly the result of: (a) Misuse or use contrary to instructions; or (b) Malice or any deliberate act; or (c) Negligence or want of care; or (d) An act or omission by any person who is not the Customer Client or in the CustomerClient's direct employ; or (e) Damage by any cause at or from a place which has not been approved as a rental location. 18.3 14.3 The waiver option does not apply and the Customer Client will continue in all respects to be fully responsible if damage was directly or indirectly the result of: (a) The Customer Client is in breach of any item or condition of the Rental Agreement; or (b) The Customer Client fails to fully co-operate co‐operate with the Police and Encore Monitoring Hotline in relation to any theft, loss or repairs to damaged Equipment; or (c) The Equipment has a value, or its price, is in excess of $100,000. 18.4 14.4 The waiver option does not apply and the Customer Client will continue in all respects to be fully responsible for the return of all accessories and manualsmanuals in good order and condition. 18.5 14.5 The waiver option does not apply to any item comprising the Equipment which is noted as being excluded on the accessory list provided with the Equipment. The cost for repair or replacement of these items of the Equipment will be invoiced to and payable by the CustomerClient.

Damage Waiver. 18.1 Encore Monitoring 14.1 Hotline has available and may offer at its discretion an optional rental equipment damage waiver facility for certain items of Equipment. If the Customer Client seeks the waiver and it is available, the monthly rental agreement rate will be increased by a fee. This waiver does not cover theft or loss of the Equipment or damage to the Equipment caused by the negligence of the Customer Client or to any damage caused to the Equipment other than in the course of its proper use and provided further: (a) the Customer Client notifies Encore Monitoring Hotline of the damage within 2 business days of the damagedays; (b) the Customer Client pays to Encore Monitoring Hotline an amount calculated by multiplying the daily rental rate by 30 together with the damage waiver fee within 30 days of date of invoice for this amount. Or (c) the Client pays to Hotline an amount equivalent to an undiscounted 1 month's ’s rental fee and damage waiver fee within 14 30 days of date of invoice for of this amount. 19.2 14.2 The waiver option does not apply and the Customer Client will continue in all respects to be fully responsible if the damage to Equipment was directly or indirectly the result of: (a) Misuse or use contrary to instructions; or (b) Malice or any deliberate act; or (c) Negligence or want of care; or (d) An act or omission by any person who is not the Customer Client or in the CustomerClient's direct employ; or (e) Damage by any cause at or from a place which has not been approved as a rental location. 18.3 14.3 The waiver option does not apply and the Customer Client will continue in all respects to be fully responsible if damage was directly or indirectly the result of: (a) The Customer Client is in breach of any item or condition of the Rental Agreement; or (b) The Customer Client fails to fully co-operate with the Police and Encore Monitoring Hotline in relation to any theft, loss or repairs to damaged Equipment; or (c) The Equipment has a value, or its price, is in excess of $100,000. 18.4 14.4 The waiver option does not apply and the Customer Client will continue in all respects to be fully responsible for the return of all accessories and manualsmanuals in good order and condition. 18.5 14.5 The waiver option does not apply to any item comprising the Equipment which is noted as being excluded on the accessory list provided with the Equipment. The cost for repair or replacement of these items of the Equipment will be invoiced to and payable by the CustomerClient.

Damage Waiver. 18.1 Encore Monitoring 21.1 TR has available and may offer at its discretion an optional rental equipment damage waiver facility (“Waiver”) for certain items of Equipmentequipment. The Waiver limits the Customer’s liability for SOME loss and damage to the Equipement. 21.2 The Waiver is not available for, and the Customer will be entirely responsible for, the return of all accessories and manuals in good order and condition. 21.3 If the Customer seeks the waiver Waiver and it is available, the monthly rental rate will be increased by a fee. This waiver does not cover theft or fee (“Waiver Fee”). 21.4 If the Waiver Fee has been paid by the Customer, TR waives its rights against the Customer for loss of the Equipment or and damage to the Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided furtherif: (a) the Customer notifies Encore Monitoring TR of the loss or damage within 2 business days of the damagedays; (b) the Customer pays to Encore Monitoring TR an amount equivalent to an undiscounted 1 month's calculated by multiplying the daily rental fee and damage waiver fee rate by 30 (“Waiver Excess”) within 14 days of the date of invoice for this amountinvoice; (c) the loss or damage is not due to a circumstances set out in clause 21.5. 19.2 21.5 The waiver option Waiver does not apply and the Customer will continue in all respects to be fully responsible if the cover loss or damage to the Equipment was directly or indirectly in the result offollowing circumstances: (a) Misuse or use contrary to instructionsthe theft of the Equipment; or (b) Malice misuse or use contrary to TR’s or the manufacturer’s instructions; or (c) malice or any deliberate act; or (cd) Negligence negligent acts or omissions or want of care; or (de) An an act or omission by any person who is not the Customer or in the Customer's direct employ; or (ef) Damage damage by any cause at or from a place which has not been approved as a rental location.; 18.3 The waiver option does not apply and (g) the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of: (a) The Customer is in breach of breaches any item or condition of the Rental AgreementDocuments; or (bh) The Customer fails to fully co-operate with the Police and Encore Monitoring in relation to any theft, loss or repairs to damaged Equipment; oris caused by vandalism; (ci) The Equipment has a value, or its price, is in excess caused by the overloading of $100,000the Equipment. 18.4 21.6 The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manuals. 18.5 The waiver Waiver option does not apply to any item comprising the Equipment which is noted as being excluded on the accessory list provided with the Equipment. The cost for repair or replacement of these items of the Equipment will be invoiced to and payable by the Customer.

Damage Waiver. 18.1 Encore Monitoring 21.1 TR has available and may offer at its discretion an optional rental equipment damage waiver facility (“Waiver”) for certain items of equipment. The Waiver limits the Customer’s liability for SOME loss and damage to the Equipment. . 21.2 The Waiver is not available for, and the Customer will be entirely responsible for, the return of all accessories and manuals in good order and condition. 21.3 If the Customer seeks the waiver Waiver and it is available, the monthly rental rate will be increased by a fee. This waiver does not cover theft or fee (“Waiver Fee”). 21.4 If the Waiver Fee has been paid by the Customer, TR waives its rights against the Customer for loss of the Equipment or and damage to the Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided furtherif: (a) the Customer notifies Encore Monitoring TR of the loss or damage within 2 business days of the damagedays; (b) the Customer pays to Encore Monitoring TR an amount equivalent to an undiscounted 1 month's rental fee and damage waiver fee calculated by multiplying the monthly base rate of the asset (“Waiver Excess”) within 14 days of the date of invoice for this amountinvoice; (c) the loss or damage is not due to circumstances set out in clause 21.5. 19.2 21.5 The waiver option Waiver does not apply and the Customer will continue in all respects to be fully responsible if the cover loss or damage to the Equipment was directly or indirectly in the result offollowing circumstances: (a) Misuse or use contrary to instructionsthe theft of the Equipment; or (b) Malice misuse or use contrary to TR’s or the manufacturer’s instructions; or (c) malice or any deliberate act; or (cd) Negligence negligent acts or omissions or want of care; or (de) An an act or omission by any person who is not the Customer or in the Customer's direct employ; or (ef) Damage damage by any cause at or from a place which has not been approved as a rental location.; 18.3 The waiver option does not apply and (g) the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of: (a) The Customer is in breach of breaches any item or condition of the Rental AgreementDocuments; or (bh) The Customer fails to fully co-operate with the Police and Encore Monitoring in relation to any theft, loss or repairs to damaged Equipment; oris caused by vandalism; (ci) The Equipment has a value, or its price, is in excess caused by the overloading of $100,000the Equipment. 18.4 21.6 The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manuals. 18.5 The waiver Waiver option does not apply to any item comprising the Equipment which is noted as being excluded on the accessory list provided with the Equipment. The cost for repair or replacement of these items of the Equipment will be invoiced to and payable by the Customer.

Damage Waiver. 18.1 Encore Monitoring 21.1 TGR has available and may offer at its discretion an optional rental equipment Hire Equipment damage waiver facility (“Waiver”) for certain items of Hire Equipment. The Waiver limits the Hirer’s liability for SOME loss and damage to the Hire Equipment. 21.2 The Waiver is not available for, and the Hirer will be entirely responsible for, the return of all accessories and manuals in good order and condition. 21.3 If the Customer Hirer seeks the waiver Waiver and it is available, the monthly rental rate will be increased by a fee. This waiver does not cover theft or fee (“Waiver Fee”). 21.4 If the Waiver Fee has been paid by the Hirer, TGR waives its rights against the Hirer for loss of the Equipment or and damage to the Hire Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided furtherif: (a) the Customer Hirer notifies Encore Monitoring TGR of the loss or damage within 2 business days of the damagedays; (b) the Customer Hirer pays to Encore Monitoring TGR an amount equivalent to an undiscounted 1 month's calculated by multiplying the daily rental fee and damage waiver fee rate by 30 (“Waiver Excess”) within 14 days of the date of invoice for this amountinvoice; (c) the loss or damage is not due to a circumstances set out in clause 21.5. 19.2 21.5 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if the cover loss or damage to the Hire Equipment was directly or indirectly in the result offollowing circumstances: (a) Misuse or use contrary to instructionsthe theft of the Hire Equipment; or (b) Malice misuse or use contrary to TGR’s or the manufacturer’s instructions; or (c) malice or any deliberate act; or (cd) Negligence negligent acts or omissions or want of care; or (de) An an act or omission by any person who is not the Customer Hirer or in the CustomerHirer's direct employ; or (ef) Damage damage by any cause at or from a place which has not been approved as a rental location. 18.3 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of:; (ag) The Customer is in breach of the Hirer breaches any item or condition of the Rental AgreementDocuments; or (bh) The Customer fails to fully co-operate with the Police and Encore Monitoring in relation to any theft, loss or repairs to damaged Equipment; oris caused by vandalism; (ci) The Equipment has a value, or its price, is in excess caused by the overloading of $100,000the Hire Equipment. 18.4 The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manuals. 18.5 21.6 The waiver option does not apply to any item comprising the Hire Equipment which is noted as being excluded on the accessory list provided with the Hire Equipment. The cost for repair or replacement of these items of the Hire Equipment will be invoiced to and payable by the CustomerHirer.