Common use of Damage Waiver Clause in Contracts

Damage Waiver. By Renter’s acceptance of the Damage Waiver, and with immediate notification, in the event of any accident and the prompt submission of applicable police reports, Dealer and Renter agree that Dealer will waive any claim against Renter for direct physical damage to the Equipment for any external cause, except as follows: a) Any items of Equipment or part thereof which is not returned for whatever reason including theft; b) Loss or damage resulting from overloading or exceeding rated capacity of the Equipment; c) Loss or damage to motors or other electrical appliances or devices cause by insufficient current; d) Damage to tires, tubes and wheels caused by blowout, bruises. Cuts and other causes inherent in the use of the Equipment; e) Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the Equipment, or a shortage disclosed on inventory; f) Loss or damage caused by infidelity of renter, its employees, agents, or any other persons to whim the Equipment is entrusted; g) Loss or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication or other normal servicing of Equipment; h) All damage resulting from overturning; i) All damage or loss resulting from use of the Equipment in violation of any provision of this agreement, violation of any law, ordinance or regulation or operation in an improper or negligent manner; j) Overhead damage, and/or; k) Damage from dirtying of Equipment by paint, mud, plaster, concrete, rosin or any other material. Renter is responsible for cleaning and repainting, as required. If Renter has insurance covering such loss or damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that any and all proceeds from such insurance shall be payable to the Dealer. Renter to provide Dealer with complete information concerning insurance coverage carried.

Damage Waiver. By Renter10.1. The Hirer hires the equipment at the Hirer’s acceptance own risk and indemnifies the Owner against any and all loss in respect of any loss of or damage to the equipment including any consequential loss unless the Hirer pays for the damage waiver, subject to this clause 9. 10.2. The Hirer shall pay for the damage waiver unless written confirmation of suitable insurance cover that is satisfactory in every respect to the Owner in its sole discretion is provided by the Hirer and approved in writing by the Owner prior to the Hirer taking possession of the Damage Waiverequipment. If the Owner is not satisfied with the Hirer’s compliance with this clause, the Owner may decline to hire the equipment. The Hirer is not entering into a contract of insurance with the Owner by paying for the damage waiver. 10.3. Subject to payment by the Hirer of the excess (clause 9.7) and except for the exclusions set out in clauses 9.4 to 9.5 and subsections thereof, if the Hirer has paid for the damage waiver, the Hirer shall not be liable to the Owner for any loss of or damage to the hired equipment or any consequential loss or damage incurred by the Owner and/or any third parties during the term of hire PROVIDED THAT the Hirer: 10.3.1. has at all times acted reasonably and with immediate notificationreasonable care; 10.3.2. has delivered to the Owner (within 24 hours of the time when the Hirer first becomes aware of the loss of or damage to the equipment) a complete correct written report of the circumstances of such loss of or damage to the equipment, including, in the event case of any accident and the prompt submission of loss appearing to result from any criminal act, an applicable police reportscomplaint acknowledgement form; and 10.3.3. Rendered such assistance and done such other things as the Owner shall have reasonably required for the purposes of enabling the Owner to recover such loss or damage, Dealer and Renter agree that Dealer will waive including from any claim against Renter for direct physical potentially responsible third party. 10.4. The damage waiver does not cover: 10.4.1. Theft of or criminal damage to the Equipment for any external causeequipment unless reasonably locked and secured; 10.4.2. Damage or loss due to misuse, except as follows: a) Any items of Equipment abuse or part thereof which is not returned for whatever reason including theft; b) Loss or damage resulting from overloading or exceeding rated capacity of the Equipment; c) Loss equipment or damage failure to take reasonable care of it, including any overloading of any motors or other electrical appliances or devices cause by insufficient current; d) devices; 10.4.3. Damage caused to tires, tyres and tubes and wheels caused by blowout, bruises. Cuts and , cuts, kerbing or other causes inherent in caused arising from the use of the Equipment; e) Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the Equipment, or a shortage disclosed on inventory; f) Loss or damage caused by infidelity of renter, its employees, agents, or any other persons to whim the Equipment is entrusted; g) equipment; 10.4.4. Loss or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication or other normal servicing of Equipmentthe equipment; h10.4.5. Loss or damage of tools, digger buckets, accessories, grease guns, hoses and similar, electrical cords, welding cable, oxygen and/or acetylene bottles, pneumatic tools, steels and other similar accessories; 10.4.6. Loss or damage to plant where such loss or damage is due to any incident or accident involving (in any way) All water; 10.4.7. Loss or damage resulting to any equipment or items on which the damage waiver is not charged; 10.4.8. Loss or damage of the equipment arising from overturninga breach by the Hirer of the conditions of the Contract; i) All or 10.4.9. Loss or damage or loss resulting from the use of the Equipment equipment in violation of any provision of this agreementstatute, violation of any law, ordinance or regulation or operation in an improper or negligent manner; j) Overhead damage, and/or; k) Damage from dirtying of Equipment by paint, mud, plaster, concrete, rosin or any other materialby-law. 10.5. Renter is responsible for cleaning and repainting, as required. If Renter has insurance covering such loss or damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that any and all proceeds from such insurance shall be payable In addition to the Dealerabove, special conditions or exclusions may apply depending on the nature or location of the Hirer’s use of the equipment and these will be notified to the Hirer prior to the equipment leaving the Owner’s premises. Renter Any breach of those special conditions will constitute a breach of the Contract. 10.6. The parties agree that section 11 of the Insurance Law Reform Act 1977 will apply with respect to provide Dealer with complete information concerning the exclusions in clauses 9.4 to 9.5 as if this clause 9 constituted a contract of insurance coverage carried(notwithstanding that this clause 9 is not a contract of insurance).

Damage Waiver. By Renter’s acceptance ‌ 13.1 You may be required to pay Us the LTD Waiver Fee when You hire Equipment from Us. The LTD Waiver Fee:‌ (a) will be set out in the Hire Form; and (b) will be automatically charged to You in addition to the Hire Charges. 13.2 Payment by You of the Damage WaiverLTD Waiver Fee is, to the extent permitted by law, non-refundable and with immediate notification, in the event of any accident and the prompt submission of applicable police reports, Dealer and Renter agree that Dealer will waive any claim against Renter amounts to an agreement by Us to limit Your Liability for direct physical damage to the Equipment for during the Hire Period specified in the Hire Form, subject to the provisions of this clause 13. The limitation of Your Liability does not apply to any external cause, except as follows: a) Any items of damage to the Equipment or part thereof which is not returned for whatever reason including theft; b) Loss or damage resulting from overloading or exceeding rated capacity that occurs during any further period between the end of the Equipment; c) Loss or damage to motors or other electrical appliances or devices cause by insufficient current; d) Damage to tires, tubes Hire Period and wheels caused by blowout, bruises. Cuts and other causes inherent in the use of the Equipment; e) Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the Equipment, or a shortage disclosed on inventory; f) Loss or damage caused by infidelity of renter, its employees, agents, or any other persons to whim when the Equipment is entrustedback in Our control or possession, as referred to in clause 3.2. 13.3 The LTD Waiver Fee is 20% of the New Replacement Cost. 13.4 If You have paid Us the LTD Waiver Fee, We agree to limit Your Liability for damage to the Equipment only if: (a) You have complied with clause 12, as applicable; (b) You have co-operated with Us and provided Us with full details of the incident giving rise to the damage, including any written or photographic evidence We may require; gand (c) Loss the damage does not fall into one or more of the circumstances set out in clause 13.5. 13.5 We do not agree to limit Your Liability for damage resulting from under this clause 13, where the damage:‌ (a) has arisen as a result of Your breach of this Hire Agreement; (b) has been caused by Your misuse, abuse, failure to maintain cleanlinesswillful and/or malicious acts, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication negligent or other normal servicing of Equipmentreckless act or omission; h(c) All damage resulting from overturning; i) All damage or loss resulting from has arisen as a result of Your use of the Equipment in violation of any provision laws; (d) has been caused by Your failure to use the Equipment for its intended purpose or in accordance with Our instructions or the manufacturer’s instructions; (e) has been caused as a result of Your failure to securely store or lock the Equipment, in circumstances where those means to securely store the Equipment were available to You; (f) occurs to the Equipment whilst it is located, used, loaded, unloaded, transported from maritime vessels, on or over water, wharves, bridges or vessels of any kind; (g) has been caused by a lack of lubrication or a failure to properly service or maintain the Equipment, as reasonably expected of the Hirer under this agreement; (h) has been caused by collision with a bridge, violation of any lawcarpark, ordinance or regulation or operation in an improper or negligent manner; j) Overhead damageawning, and/or; k) Damage from dirtying of Equipment by paintgutter, mud, plaster, concrete, rosin tree or any other material. Renter overhead structure or object due to insufficient clearance; (i) where the damage is responsible for cleaning and repaintingcaused while the Equipment is being driven or towed on any unsealed road or a road that is a private road; (j) has been caused by the overloading of the Equipment or any components thereof; (k) is to motors or other electrical Equipment or components within the Equipment caused by electrical overload, as required. If Renter has insurance covering such a surge in electrical current or the use of under-rated or excessive lengths of extension leads with the electrical Equipment; (l) is caused by exposure to any Harsh Environments including corrosive or caustic substances, cyanide, salt water or acid; (m) arises from theft, loss or damage by whatever causes to tools and/or accessories supplied with the Equipment including, but not limited to, hoses, drills, grease guns, electric leads, tyres and tubes; (n) arises from unexplained disappearance of the Equipment, including theft; (o) is caused by vandalism; or (p) is to windscreens, mirrors, glass, or perspex. 13.6 Notwithstanding Our agreement to limit Your Liability in accordance with this clause 13, You will remain liable for all Hire Charges during the period the Equipment is not available due to any damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that any and all proceeds from such insurance shall be payable to the Dealer. Renter to provide Dealer with complete information concerning insurance coverage carried.

Damage Waiver. By Renter21.1 TGR has available and may offer at its discretion an optional rental Hire Equipment damage waiver facility (“Waiver”) for certain items of Hire Equipment. The Waiver limits the Hirer’s acceptance of the Damage Waiver, liability for SOME loss and with immediate notification, in the event of any accident and the prompt submission of applicable police reports, Dealer and Renter agree that Dealer will waive any claim against Renter for direct physical 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 Hirer seeks the Waiver and it is available, the rental rate will be increased by a fee (“Waiver Fee”). 21.4 If the Waiver Fee has been paid by the Hirer, TGR waives its rights against the Hirer for loss and damage to the Hire Equipment for any external cause, except as follows: if: (a) Any items the Hirer notifies TGR of Equipment the loss or part thereof which damage within 2 business days; (b) the Hirer pays to TGR an amount calculated by multiplying the daily rental rate by 30 (“Waiver Excess”) within 14 days of the date of invoice; (c) the loss or damage is not returned for whatever reason including theft; b) Loss or damage resulting from overloading or exceeding rated capacity of the Equipment; c) Loss due to a circumstances set out in clause 21.5. 21.5 The waiver does not cover loss or damage to motors the Hire Equipment in the following circumstances: (a) the theft of the Hire Equipment; or (b) misuse or other electrical appliances use contrary to TGR’s or devices cause by insufficient currentthe manufacturer’s instructions; or (c) malice or any deliberate act; or (d) Damage to tires, tubes and wheels negligent acts or omissions or want of care; or (e) an act or omission by any person who is not the Hirer or in the Hirer's direct employ; or (f) damage by any cause at or from a place which has not been approved as a rental location; (g) the Hirer breaches any item or condition of the Rental Documents; or (h) is caused by blowout, bruises. Cuts and other causes inherent in vandalism; (i) is caused by the use overloading of the Hire Equipment; e) Loss due . 21.6 The waiver option does not apply to mysterious disappearance, wrongful conversion by a person entrusted 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 a shortage disclosed on inventory; f) Loss or damage caused by infidelity replacement of renter, its employees, agents, or any other persons to whim the Equipment is entrusted; g) Loss or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication or other normal servicing of Equipment; h) All damage resulting from overturning; i) All damage or loss resulting from use these items of the Hire Equipment in violation of any provision of this agreement, violation of any law, ordinance or regulation or operation in an improper or negligent manner; j) Overhead damage, and/or; k) Damage from dirtying of Equipment will be invoiced to and payable by paint, mud, plaster, concrete, rosin or any other material. Renter is responsible for cleaning and repainting, as required. If Renter has insurance covering such loss or damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that any and all proceeds from such insurance shall be payable to the Dealer. Renter to provide Dealer with complete information concerning insurance coverage carriedHirer.

Damage Waiver. By Renter’s acceptance 28.1 The hire charge will include a charge for the damage waiver. Xxxxxx xxxxxx is charged at twelve percent (12%) of the value of the total hire costs. Damage Waiverwaiver is not insurance but is an agreement by Proquip to limit the Client’s liability in certain circumstances for loss, and with immediate notificationtheft, in the event of any accident and the prompt submission of applicable police reports, Dealer and Renter agree that Dealer will waive any claim against Renter for direct physical or damage to the Equipment for to an amount called the damage waiver excess fee. The damage waiver excess fee is explained in clause 28.6 Note the limitations set out in clause 27.4. 28.2 The damage waiver is non-refundable. 28.3 For the purpose of this clause the term “Equipment” does not include any external causetools, except as follows: a) Any items of Equipment or part thereof which accessories, parts, grease guns, hoses, electrical cords, lights, light globes, and other similar accessories, ground engaging tools, tracks, tyres, windscreens, mirrors, glass, and Perspex. 28.4 The Client is not returned required to pay the damage waiver fee from the date the Client produces a certificate of currency for whatever reason including an appropriate policy of insurance that covers loss, theft; b) Loss , or damage resulting from overloading or exceeding rated capacity to the Equipment during the hire period for an amount not less than the replacement value of the Equipment; c. For the avoidance of any doubt, the Client is liable to pay the damage waiver fee for that portion of the hire period where a certificate of currency required pursuant to the clause remains outstanding (“Uninsured Period”) Loss and the Client is not entitled to any credit and/or reimbursement of the damage waiver fee charged and/or paid that relates to the Uninsured Period. The Client is responsible for any excess and any other costs associated with the Client’s insurance and the Client is responsible for any shortfall in repair or replacement costs of the Equipment following payment of any amount received under the Client’s insurance, including any loss Proquip suffers as a result of not being able to hire the Equipment. 28.5 Where the Client has paid the damage waiver fee, Proquip will waive it’s right to claim against the Client for loss, theft, or damage to motors or other electrical appliances or devices cause by insufficient current; dthe Equipment if: (a) Damage for theft, the Client has promptly reported the incident to tires, tubes the police and wheels caused by blowout, bruises. Cuts provided Proquip with a written police report; (b) the Client has co-operated with Proquip and other causes inherent in provided them with the use details of the Equipmentincident, including any written or photographic evidence Proquip requires; eand (c) Loss due to mysterious disappearancethe loss, wrongful conversion by a person entrusted with the Equipment, or a shortage disclosed on inventory; f) Loss theft or damage caused by infidelity does not fall into one or more of renter, its employees, agents, or any other persons to whim the circumstances set out in clause 27.4. 28.6 The damage waiver excess for each item of Equipment is the amount calculated as follows: (a) replacement – where the Equipment is entrusted; g) Loss lost, stolen, or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication or other normal servicing of Equipment;damaged beyond repair: h) All damage resulting from overturning; (i) All subject to clause 28.6(a)(ii), the damage waiver excess fee for each item of Equipment that is lost, stolen, or loss resulting from use damaged beyond repair, will be the amount equal to the greater of: A. two-thousand five hundred ($2,500.00) Australian Dollars + GST or: B. ten percent (10%) of the new replacement cost. (ii) where the new replacement cost is less than two-thousand five hundred ($2,500.00) Australian Dollars, the damage waiver excess fee will be an amount equal to the new replacement cost. (b) repair – where the Equipment is partially damaged and can be repaired: (i) subject to clause 28.6(b)(ii), the damage waiver excess fee for each item of Equipment that is partially damaged and can be repaired will be the amount equal to the greater of: A. two-thousand five hundred ($2,500.00) Australian Dollars + GST or: B. ten percent (10%) of the new replacement cost. (ii) where the repair cost of the Equipment in violation of any provision of this agreementis less than two-thousand five hundred ($2,500.00) Australian Dollars, violation of any law, ordinance or regulation or operation in the damage waiver excess will be an improper or negligent manner; j) Overhead damage, and/or; k) Damage from dirtying of Equipment by paint, mud, plaster, concrete, rosin or any other material. Renter is responsible for cleaning and repainting, as required. If Renter has insurance covering such loss or damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that any and all proceeds from such insurance shall be payable amount equal to the Dealer. Renter lesser of the repair cost and the new replacement cost. 28.7 Even if the Client has paid the damage waiver fee, Proquip will not waive its rights to provide Dealer with complete information concerning insurance coverage carriedclaim against the Client for loss, theft or damage to the Equipment and the damage waiver will not apply if the loss, theft, or damage has arisen from anything referred to in clause 27.4.

Damage Waiver. By Renter14.1. The Damage Waiver limits the Customer’s acceptance liability in certain circumstances for loss, theft or damage to IPB’s Equipment provided the Customer has paid the Damage Waiver Amount (or complied with the requirements under clause 14.3). 14.2. Subject to clause 14.3 applying to a particular Customer, IPB may (in its absolute discretion) charge the Damage Waiver Amount to the Customer in addition to the Customer’s Hire Charges. If IPB does not charge the Damage Waiver Amount to the Customer for any reason whatsoever then the Customer shall remain fully liable for any costs incurred under clause 13 of this Hire Agreement. 14.3. The Customer cannot be required to pay the Damage Waiver Amount if the Customer produces a certificate of currency (prior to the commencement of the Damage WaiverHire Period) for an appropriate policy of insurance which acknowledges the proprietary interest of IPB and covers loss, theft and with immediate notification, in the event of any accident and the prompt submission of applicable police reports, Dealer and Renter agree that Dealer will waive any claim against Renter for direct physical damage to the Equipment during the Hire Period for any external cause, except as follows: aan amount not less than the full (new) Any items of Equipment or part thereof which is not returned for whatever reason including theft; b) Loss or damage resulting from overloading or exceeding rated capacity replacement value of the Equipment; c) Loss . 14.4. In the event the Customer has paid the Damage Waiver Amount or complied with preceding clause 14.3, IPB will waive its right to claim against the Customer for loss, theft or damage to motors or other electrical appliances or devices cause by insufficient current; dthe Equipment if: (a) Damage the Customer has promptly reported the incident to tires, tubes the police and wheels caused by blowout, bruises. Cuts provided IPB with a written police report; (b) the Customer has co-operated with IPB and other causes inherent in provided IPB with the use details of the Equipmentincident, including any written or photographic evidence IPB require; eand (c) Loss due to mysterious disappearancethe loss, wrongful conversion by a person entrusted with the Equipment, or a shortage disclosed on inventory; f) Loss theft or damage caused by infidelity does not fall into one or more of renterthe circumstances set out in clause 14.6. 14.5. Even if the Customer has paid the Damage Waiver Amount, its employeesIPB will not waive IPB’s rights to claim against the Customer for loss, agents, theft or any other persons damage to whim the Equipment is entrusted; gand Damage Waiver will not apply if the loss, theft or damage: (a) Loss or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack has arisen as a result of lubrication or other normal servicing the Customer’s breach of Equipmenta clause of this Hire Agreement; h(b) All damage resulting from overturning; ihas been caused or contributed to by the Customer’s negligent act or omission; (c) All damage or loss resulting from has arisen as a result of the Customer’s use of the Equipment in violation of any provision of this agreementlaws; (d) has been caused by the Customer’s failure to use the Equipment for its intended purpose or in accordance with IPB’s instructions or the Manufacturer’s instructions; (e) occurs to the Equipment whilst it is located, violation used, loaded, unloaded, transported on or over water, wharves, bridges or vessels of any lawkind; (f) has been caused by a lack of lubrication or a failure to properly service or maintain the Equipment; (g) has been caused by collision with a bridge, ordinance or regulation or operation in an improper or negligent manner; j) Overhead damagecarpark, and/or; k) Damage from dirtying of Equipment by paintawning, mudgutter, plaster, concrete, rosin tree or any other material. Renter overhead structure or object due to insufficient clearance; (h) has been caused by the overloading of the Equipment or any components thereof; (i) is responsible for cleaning and repaintingto motors or other electrical Equipment or components within the Equipment caused by electrical overload, a surge in electrical current or the use of under-rates or excessive lengths of extension leads with the electrical Equipment; (j) is caused by exposure to any corrosive or caustic substance, such as required. If Renter has insurance covering such loss cyanide, sale water, acid, etc; (k) is caused by vandalism; (l) is to tyres or damage, Renter shall exercise all rights available tubes; OR (m) is to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that any and all proceeds from such insurance shall be payable to the Dealer. Renter to provide Dealer with complete information concerning insurance coverage carriedglass.

Damage Waiver. By Renter9.1 The Hirer hires the equipment at the Hirer’s acceptance own risk and indemnifies the Owner against any and all loss in respect of any loss of or damage to the equipment including any consequential loss unless the Hirer pays for the damage waiver, subject to this clause 9. 9.2 The Hirer shall pay for the damage waiver unless written confirmation of suitable insurance cover that is satisfactory in every respect to the Owner in its sole discretion is provided by the Hirer and approved in writing by the Owner prior to the Hirer taking possession of the Damage Waiverequipment. If the Owner is not satisfied with the Hirer’s compliance with this clause, the Owner may decline to hire the equipment. The Hirer is not entering into a contract of insurance with the Owner by paying for the damage waiver. 9.3 Subject to payment by the Hirer of the excess (clause 9.7) and except for the exclusions set out in clauses 9.4 to 9.5 and subsections thereof, if the Hirer has paid for the damage waiver, the Hirer shall not be liable to the Owner for any loss of or damage to the hired equipment or any consequential loss or damage incurred by the Owner and/or any third parties during the term of hire PROVIDED THAT the Hirer: 9.3.1 has at all times acted reasonably and with immediate notificationreasonable care; 9.3.2 has delivered to the Owner (within 24 hours of the time when the Hirer first becomes aware of the loss of or damage to the equipment) a complete correct written report of the circumstances of such loss of or damage to the equipment, including, in the event case of any accident and the prompt submission of loss appearing to result from any criminal act, an applicable police reports, Dealer complaint acknowledgement form; and 9.3.3 rendered such assistance and Renter agree that Dealer will waive any claim against Renter done such other things as the Owner shall have reasonably required for direct physical damage the purposes of enabling the Owner to the Equipment for any external cause, except as follows: a) Any items of Equipment or part thereof which is not returned for whatever reason including theft; b) Loss or damage resulting from overloading or exceeding rated capacity of the Equipment; c) Loss or damage to motors or other electrical appliances or devices cause by insufficient current; d) Damage to tires, tubes and wheels caused by blowout, bruises. Cuts and other causes inherent in the use of the Equipment; e) Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the Equipment, or a shortage disclosed on inventory; f) Loss or damage caused by infidelity of renter, its employees, agents, or any other persons to whim the Equipment is entrusted; g) Loss or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication or other normal servicing of Equipment; h) All damage resulting from overturning; i) All damage or loss resulting from use of the Equipment in violation of any provision of this agreement, violation of any law, ordinance or regulation or operation in an improper or negligent manner; j) Overhead damage, and/or; k) Damage from dirtying of Equipment by paint, mud, plaster, concrete, rosin or any other material. Renter is responsible for cleaning and repainting, as required. If Renter has insurance covering recover such loss or damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that including from any and all proceeds from such insurance shall be payable to the Dealer. Renter to provide Dealer with complete information concerning insurance coverage carriedpotentially responsible third party.

Damage Waiver. By Renter’s acceptance of 16.1 Subject to the Exclusions in clause 16.2, where Damage WaiverWaiver Premium has been charged to the Hirer and paid by the Hirer, and with immediate notificationthe Owner agrees, in the event of any accident and the upon prompt submission of applicable police reportsa written Police Report from the Hirer and any other written or photographic evidence requested by the Owner, Dealer and Renter agree that Dealer will to waive any its right to claim against Renter for direct physical loss of damage to the Equipment caused by fire, storm, collision, accident, theft or burglary (Damage Waiver). Such waiving of rights is subject to payment by the Hirer of an excess for any external causeeither the loss of the Equipment or damage to the Equipment, except being the greater of $500.00 per item or 15% of the cost of repairs or the new replacement costs of the Equipment (as follows: the case may be). 16.2 Expressly excluded from the above Damage Waiver is loss or damage arising from the following causes: a) Any items Damage due to misuse, abuse or overloading of the Equipment or part thereof which is not returned for whatever reason including theft; any components thereof; b) Loss or damage resulting from overloading or exceeding rated capacity Wrongful conversion of the Equipment; Equipment or any components thereof; c) Loss or damage to motors or other electrical appliances or devices cause by insufficient current; d) Damage to tires, tubes and wheels caused by blowout, bruises. Cuts and other causes inherent in the arising from use of the Equipment in contravention of the conditions of this Agreement; d) Loss or damage from use in violation of any statutory laws and regulations; e) Glass breakage or graffiti; f) Damage caused by exposure to any corrosive or caustic substance, such as cyanide, salt water, acid and the like; g) Theft of the Equipment unless the Hirer has used best endeavours to ensure that the Equipment is stored in a locked and secure location; h) Loss or damage to Equipment during transport, except where transported by the Owner; i) Loss or damage to items where the Hirer has elected not to pay a Damage Waiver Premium and thereby has accepted liability for the Equipment; e) Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the Equipment, or a shortage disclosed on inventory; fand j) Loss or damage caused by infidelity of renter, its employees, agents, or any other persons to whim the Equipment is entrusted; g) Loss or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication or other normal servicing of Equipment; h) All damage resulting from overturning; i) All damage or loss resulting from use negligence of the Equipment Hirer. 16.3 Where the Owner determines in violation its discretion that one of any provision of this agreementthe exclusions in clause 16.2 applies, violation of any law, ordinance or regulation or operation in an improper or negligent manner; j) Overhead damage, and/or; k) Damage from dirtying of Equipment by paint, mud, plaster, concrete, rosin or any other material. Renter Waiver will not apply unless the Hirer is responsible for cleaning and repainting, as required. If Renter has insurance covering such loss or damage, Renter shall exercise all rights available able to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that any and all proceeds from such insurance shall be payable establish to the Dealerreasonable satisfaction of the Owner that the exclusion does not apply. Renter to The Hirer will provide Dealer the Owner with complete all the information concerning insurance coverage carriedrequested by the Owner for the purpose of establishing whether one of the exclusions in clause 16.2 applies.

Damage Waiver. By Renter’s acceptance 28.1 The hire charge will include a charge for the damage waiver. The damage waiver is charged at ten percent (10%) of the value of the total hire costs. Damage Waiverwaiver is not insurance but is an agreement by Proquip to limit the Client’s liability in certain circumstances for loss, and with immediate notificationtheft, in the event of any accident and the prompt submission of applicable police reports, Dealer and Renter agree that Dealer will waive any claim against Renter for direct physical or damage to the Equipment for to an amount called the damage waiver excess fee. The damage waiver excess fee is explained in clause 28.6 Note the limitations set out in clause 27.4. 28.2 The damage waiver is non-refundable. 28.3 For the purpose of this clause the term “Equipment” does not include any external causetools, except as follows: a) Any items of Equipment or part thereof which accessories, parts, grease guns, hoses, electrical cords, lights, light globes, and other similar accessories, ground engaging tools, tracks, tyres, windscreens, mirrors, glass, and Perspex. 28.4 The Client is not returned required to pay the damage waiver fee from the date the Client produces a certificate of currency for whatever reason including an appropriate policy of insurance that covers loss, theft; b) Loss , or damage resulting from overloading or exceeding rated capacity to the Equipment during the hire period for an amount not less than the replacement value of the Equipment; c. For the avoidance of any doubt, the Client is liable to pay the damage waiver fee for that portion of the hire period where a certificate of currency required pursuant to the clause remains outstanding (“Uninsured Period”) Loss and the Client is not entitled to any credit and/or reimbursement of the damage waiver fee charged and/or paid that relates to the Uninsured Period. The Client is responsible for any excess and any other costs associated with the Client’s insurance and the Client is responsible for any shortfall in repair or replacement costs of the Equipment following payment of any amount received under the Client’s insurance, including any loss Proquip suffers as a result of not being able to hire the Equipment. 28.5 Where the Client has paid the damage waiver fee, Proquip will waive it’s right to claim against the Client for loss, theft, or damage to motors or other electrical appliances or devices cause by insufficient current; dthe Equipment if: (a) Damage for theft, the Client has promptly reported the incident to tires, tubes the police and wheels caused by blowout, bruises. Cuts provided Proquip with a written police report; (b) the Client has co-operated with Proquip and other causes inherent in provided them with the use details of the Equipmentincident, including any written or photographic evidence Proquip requires; eand (c) Loss due to mysterious disappearancethe loss, wrongful conversion by a person entrusted with the Equipment, or a shortage disclosed on inventory; f) Loss theft or damage caused by infidelity does not fall into one or more of renter, its employees, agents, or any other persons to whim the circumstances set out in clause 27.4. 28.6 The damage waiver excess for each item of Equipment is the amount calculated as follows: (a) replacement – where the Equipment is entrusted; g) Loss lost, stolen, or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication or other normal servicing of Equipment;damaged beyond repair: h) All damage resulting from overturning; (i) All subject to clause 28.6(a)(ii), the damage waiver excess fee for each item of Equipment that is lost, stolen, or loss resulting from use damaged beyond repair, will be the amount equal to the greater of: A. two-thousand five hundred ($2,500.00) Australian Dollars + GST or: B. ten percent (10%) of the new replacement cost. (ii) where the new replacement cost is less than two-thousand five hundred ($2,500.00) Australian Dollars, the damage waiver excess fee will be an amount equal to the new replacement cost. (b) repair – where the Equipment is partially damaged and can be repaired: (i) subject to clause 28.6(b)(ii), the damage waiver excess fee for each item of Equipment that is partially damaged and can be repaired will be the amount equal to the greater of: A. two-thousand five hundred ($2,500.00) Australian Dollars + GST or: B. ten percent (10%) of the new replacement cost. (ii) where the repair cost of the Equipment in violation of any provision of this agreementis less than two-thousand five hundred ($2,500.00) Australian Dollars, violation of any law, ordinance or regulation or operation in the damage waiver excess will be an improper or negligent manner; j) Overhead damage, and/or; k) Damage from dirtying of Equipment by paint, mud, plaster, concrete, rosin or any other material. Renter is responsible for cleaning and repainting, as required. If Renter has insurance covering such loss or damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that any and all proceeds from such insurance shall be payable amount equal to the Dealer. Renter lesser of the repair cost and the new replacement cost. 28.7 Even if the Client has paid the damage waiver fee, Proquip will not waive its rights to provide Dealer with complete information concerning insurance coverage carriedclaim against the Client for loss, theft or damage to the Equipment and the damage waiver will not apply if the loss, theft, or damage has arisen from anything referred to in clause 27.4.