Damage Waiver. Damage Waiver is not insurance, Renter is responsible for any loss or damage to the equipment and for its return in the same condition in which it was received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor agrees to waive Lessor’s right to recover from Renter the amount damaged to the equipment while in Renter’s possession except that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost in greater than $1,000.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, Renter’s liability for damage to the equipment will not be waived in the following circumstances: (a) any item or part thereof which is not returned, irrespective ofthe reason, including theft; (b) carelessor abusiveoperationoruse of theequipment; employees, assignees, suppliers, sub-lessors and sub-renters (the “Indemnified Parties”), harmless fromandagainst any and all claims, actions, causesof action, demands, rights, damagesofany kind, loss, liability, costs, loss of profit, expenses and compensation whatsoever, including court costs and attorneys’ fees (“Claim” or“Claims”), in any way arising from, or in connection with the equipment under this Rental Contract, including, without limitation, as a result of: (a) the use, maintenance, or possession of the equipment, irrespective of the cause of the claim, except in the case of Lessor’s sole gross negligence or willful misconduct, from the time the equipment leaves Lessor’s place of business when Renter rents the equipment until the equipment is returned to Lessor during normal business hours and Lessor signs a written receipt for the equipment, including loss of or damage to anyoftheequipment for anycause; (b) injury toordeathofanyperson, including, withoutlimitation, agents or employees of Renter; (c) or damage to any property arising from the use, condition, possession or storage of any equipment.
Appears in 1 contract
Samples: Rental Contract
Damage Waiver. Damage Waiver is not insurance, Renter is responsible for any loss or damage to the equipment and for its return in the same condition in which it was received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor The customer agrees to waive Lessor’s right to recover defend, indemnify and save the company harmless from Renter the amount damaged to the equipment while in Renter’s possession except that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost in greater than $1,000.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, Renter’s liability for damage to the equipment will not be waived in the following circumstances: (a) any item or part thereof which is not returned, irrespective ofthe reason, including theft; (b) carelessor abusiveoperationoruse of theequipment; employees, assignees, suppliers, sub-lessors and sub-renters (the “Indemnified Parties”), harmless fromandagainst any and all claimsliability which the company may be responsible, including its agents, representatives, and employees, from and against any and all suits, actions, causesof actionlegal and administrative proceedings, claims, demands, rightsdamages, damagesofany kindlosses, losspenalties, liabilityfines, costs, loss of profitand expenses for whatsoever kind or character which are or may be asserted against Xxxx Xxxxx d/b/a Tidy Bug Dumpsters, expenses and compensation whatsoever, including court costs and attorneys’ fees (“Claim” or“Claims”), LLC relating in any way arising frommanner, whether proximate or in connection not, to the delivery and pick up of a roll-off box to the above referenced address. Further the undersigned homeowner hereby releases Xxxx Xxxxx d/b/a Tidy Bug Dumpsters, LLC, its employees, agents, successors and assigns and all persons acting with the equipment under this Rental Contractpermission or upon the authority of them, includingfrom any liability related to the delivery and pick up of a roll-off box to the above referenced address. Customer Name Date Name if Agent/Contractor for Customer Driver License# Helpful Hints Open the back door for walk-in loading, without limitation, as a result of: (a) be sure to close and latch before filling container completely. Stacking items neatly will use less space and provide more room. Only load the use, maintenance, or possession container to the top of the equipment, irrespective of sidewalls. Questions about specific item disposal can be answered by calling the cause of office at 636-278-8439. In the claim, except event that material/waste items are not properly placed/distributed evenly in the case dumpster and cause it to be unsafe to pickup or transport, materials will need to be offloaded or reloaded into another dumpster. Additional charges will be incurred at the rate of Lessor’s sole gross negligence or willful misconduct$75.00 per man hour if Tidy Bug Dumpsters does the work for you. A $75 trip charge is incurred when a dumpster cannot be removed. Most Household items including: Furniture, from Unwanted clothing, toys. Remodeling debris including lumber, drywall, carpeting, tiles, sinks, showers, etc. Just about anything not listed on the time banned item list. *Appliances – There is an additional charge per unit for this service. $30 for Dish Washer, Washers, Dryers, Kitchen stoves, BBQ grills. Some items cannot go to the equipment leaves Lessor’s place of business when Renter rents the equipment until the equipment is returned to Lessor during normal business hours and Lessor signs a written receipt for the equipmentlandfill: YARD WASTE, including loss of or damage to anyoftheequipment for anycause; (b) injury toordeathofanypersonPAINTS, includingSTAINS, withoutlimitationTIRES, agents or employees of Renter; (c) or damage to any property arising from the useANYTHING WITH FREON, conditionREFRIGERATORS, possession or storage of any equipmentAIR CONDITIONERS, TELEVISIONS, CAR BATTERIES, LIQUIDS AND HAZARDOUS WASTE.
Appears in 1 contract
Samples: Customer Service Agreement
Damage Waiver. Damage Waiver is not insurance, Renter is responsible for any loss or damage to the equipment and for its return in the same condition in which it was received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor The customer agrees to waive Lessor’s right to recover defend, indemnify and save the company harmless from Renter the amount damaged to the equipment while in Renter’s possession except that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost in greater than $1,000.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, Renter’s liability for damage to the equipment will not be waived in the following circumstances: (a) any item or part thereof which is not returned, irrespective ofthe reason, including theft; (b) carelessor abusiveoperationoruse of theequipment; employees, assignees, suppliers, sub-lessors and sub-renters (the “Indemnified Parties”), harmless fromandagainst any and all claimsliability which the company may be responsible, including its agents, representatives, and employees, from and against any and all suits, actions, causesof actionlegal and administrative proceedings, claims, demands, rightsdamages, damagesofany kindlosses, losspenalties, liabilityfines, costs, loss of profitand expenses for whatsoever kind or character which are or may be asserted against Xxxx Xxxxx d/b/a Tidy Bug Dumpsters, expenses and compensation whatsoever, including court costs and attorneys’ fees (“Claim” or“Claims”), LLC relating in any way arising frommanner, whether proximate or in connection not, to the delivery and pick up of a roll-off box to the above referenced address. Further the undersigned homeowner hereby releases Xxxx Xxxxx d/b/a Tidy Bug Dumpsters, LLC, its employees, agents, successors and assigns and all persons acting with the equipment under this Rental Contractpermission or upon the authority of them, includingfrom any liability related to the delivery and pick up of a roll-off box to the above referenced address. _____________________________________________ ___________________________________ Customer Name Date _____________________________________________ ____________________________________ Name if Agent/Contractor for Customer Driver License# Helpful Hints Open the back door for walk-in loading, without limitation, as a result of: (a) be sure to close and latch before filling container completely. Stacking items neatly will use less space and provide more room. Only load the use, maintenance, or possession container to the top of the equipment, irrespective of sidewalls. Questions about specific item disposal can be answered by calling the cause of office at 000-000-0000. In the claim, except event that material/waste items are not properly placed/distributed evenly in the case dumpster and cause it to be unsafe to pickup or transport, materials will need to be offloaded or reloaded into another dumpster. Additional charges will be incurred at the rate of Lessor’s sole gross negligence $50.00 per man hour if Tidy Bug Dumpsters does the work for you. A $75 trip charge is incurred when a dumpster cannot be removed. Most Household items including: Furniture, Appliances*, Unwanted clothing, toys and electronics. Remodeling debris including lumber, drywall, carpeting, tiles, sinks, showers, etc. Just about anything not listed on the banned item list. * Appliance Recycling – We take them!! There is an additional surcharge per unit for this service. Units that contain Freon or willful misconductthat have a motor require special handling prior to recycling them. Some items cannot go to the landfill: YARD WASTE, from the time the equipment leaves Lessor’s place of business when Renter rents the equipment until the equipment is returned to Lessor during normal business hours and Lessor signs a written receipt for the equipmentPAINTS, including loss of or damage to anyoftheequipment for anycause; (b) injury toordeathofanypersonSTAINS, includingTIRES, withoutlimitationCAR BATTERIES, agents or employees of Renter; (c) or damage to any property arising from the use, condition, possession or storage of any equipment.LIQUIDS AND HAZARDOUS WASTES
Appears in 1 contract
Samples: Customer Service Agreement
Damage Waiver. 7.1 Damage Waiver is not insurance, Renter insurance but is responsible for any loss or damage to an agreement by DMD that the equipment and for its return in the same condition in which it was received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor agrees to waive Lessor’s right to recover from Renter the amount damaged to the equipment while in Renter’s possession except that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost in greater than $1,000.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, Renter’s Hirer's liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.
7.2 Damage Waiver applies to all hires, subject to the conditions below. There are two components, the Vehicle Waiver (clause 7.3) and the Equipment Waiver (clause 7.4). The Damage Waiver Excess is the Hirer’s responsibility and the cost of same is payable by the Hirer. The Damage Waiver Excess may include the Vehicle Waiver Plus Fee or the Equipment Waiver Plus Fee.
(a) where the Equipment is lost or stolen;
(b) where the operator is not suitably licensed;
(c) where the operator is affected by drugs and/or alcohol;
(d) where the equipment has been wilfully damaged by the Hirer or its employees or agents;
(e) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance;
(f) where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road; or
(g) where the damage is caused in any way by overloading.
7.3 The Hirer may pay an additional Vehicle Waiver Plus Fee (Excluding Hirers driving with "P" plate license’s) in relation to the hire of Motor Vehicles, which will:
(a) reduce the Damage Waiver Excess in relation to Motor Vehicles;
(b) cover damage to a pantech or van body above cab height; and
(c) add a Theft Waiver component for Motor Vehicles. Theft Waiver is not insurance but is an agreement by DMD that the Hirer's liability for theft or loss of the Motor Vehicle can be limited in some circumstances only to an amount called the Theft Waiver Excess. DMD will ask the Hirer to pay the Vehicle Waiver Plus Fee on the hire of Motor Vehicles, but the Hirer may decide to opt out of that payment. The reduced Damage Waiver Excess and the Theft Waiver Excess apply to Motor Vehicles when the Vehicle Waiver Plus Fee is paid this will be shown on the Hire Contract and will vary for different classes of vehicles.
7.4 The Hirer may pay an additional Equipment Waiver Plus Fee in relation to the hire of equipment (being such Equipment as determined by DMD Plant Hire from time to time), which will:
(a) reduce the Damage Waiver Excess in relation to the equipment; and
(b) add a Theft Waiver component f. Theft Waiver is not insurance but is an agreement by DMD that the Hirer's liability for theft or loss of the Equipment can be waived limited in some circumstances only to an amount called the Theft Waiver Excess. DMD will ask the Hirer to pay the Equipment Waiver Plus Fee on the hire of equipment, but the Hirer may decide to opt out of that payment. Payment of the Equipment Waiver Plus Fee is compulsory on all earth moving equipment, unless DMD agrees to accept a certificate of insurance provided by the Hirer at its own cost. The reduced Damage Waiver Excess and the Theft Waiver Excess which apply to to equipment when the Equipment Waiver Plus Fee is paid will be shown on the Hire Contract and will vary for different types of machinery.
7.5 THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE HIRER’S LIABILITY FOR THEFT in the following circumstances: :
(a) any item or part thereof which is not returned, irrespective ofthe reason, including theft; (b) carelessor abusiveoperationoruse of theequipment; employees, assignees, suppliers, sub-lessors and sub-renters (where the “Indemnified Parties”), harmless fromandagainst any and all claims, actions, causesof action, demands, rights, damagesofany kind, loss, liability, costs, loss of profit, expenses and compensation whatsoever, including court costs and attorneys’ fees (“Claim” or“Claims”), Hirer has failed to keep the Equipment in any way arising froma securely locked Compound, or in connection with the equipment under this Rental Contract, including, without limitation, as a result of: (a) the use, maintenance, or possession of the equipment, irrespective of the cause of the claim, except in the case of Lessor’s sole gross negligence a Motor Vehicle, has failed to properly secure or willful misconduct, from lock the time the equipment leaves Lessor’s place of business when Renter rents the equipment until the equipment is returned to Lessor during normal business hours and Lessor signs a written receipt for the equipment, including loss of or damage to anyoftheequipment for anycauseMotor Vehicle; or
(b) injury toordeathofanypersonwhere the Hirer has failed to submit to DMD a Police Report on the theft within 7 days of the theft allegedly occurring. In the event of Theft Waiver applying, including, withoutlimitation, agents hire fees will be charged to the Hirer until the Police Report is provided to DMD.
7.6 Damage Waiver or employees Theft Waiver will NOT apply where DMD determines that any of Renter; (cthe applicable circumstances in clauses 7.2(a)-(g) or damage 7.4(a)-(b) respectively have occurred, unless the Hirer is able to any property arising from establish otherwise to the use, condition, possession or storage reasonable satisfaction of any equipmentDMD.
Appears in 1 contract
Samples: Dry Hire Agreement
Damage Waiver. Damage Waiver is not insurance, Renter is responsible for any loss or damage to the equipment and for its return in the same condition in which it was received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor agrees to waive Lessor’s right to recover from Renter the amount damaged to the equipment while in Renter’s possession except that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost in greater than $1,000.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, Renter’s liability for damage to the equipment will not be waived in the following circumstances: (a) any item or part thereof which is not returned, irrespective ofthe of the reason, including theft; (b) carelessor abusiveoperationoruse careless or abusive operation or use of theequipmentthe equipment; employees, assignees, suppliers, sub-lessors and sub-renters (the “Indemnified Parties”), harmless fromandagainst from and against any and all claims, actions, causesof causes of action, demands, rights, damagesofany damages of any kind, loss, liability, costs, loss of profit, expenses and compensation whatsoever, including court costs and attorneys’ fees (“Claim” or“Claimsor “Claims”), in any way arising from, or in connection with the equipment under this Rental Contract, including, without limitation, as a result of: (a) the use, maintenance, or possession of the equipment, irrespective of the cause of the claim, except in the case of Lessor’s sole gross negligence or willful misconduct, from the time the equipment leaves Lessor’s place of business when Renter rents the equipment until the equipment is returned to Lessor during normal business hours and Lessor signs a written receipt for the equipment, including loss of or damage to anyoftheequipment any of the equipment for anycauseany cause; (b) injury toordeathofanypersonto or death of any person, including, withoutlimitationwithout limitation, agents or employees of Renter; (c) or damage to any property arising from the use, condition, possession or storage of any equipment.
Appears in 1 contract
Samples: Rental Contract
Damage Waiver. Damage Waiver is not insurance, Renter is responsible for any loss or damage to the equipment and for its return in the same condition in which it was received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor The customer agrees to waive Lessor’s right to recover defend, indemnify and save the company harmless from Renter the amount damaged to the equipment while in Renter’s possession except that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost in greater than $1,000.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, Renter’s liability for damage to the equipment will not be waived in the following circumstances: (a) any item or part thereof which is not returned, irrespective ofthe reason, including theft; (b) carelessor abusiveoperationoruse of theequipment; employees, assignees, suppliers, sub-lessors and sub-renters (the “Indemnified Parties”), harmless fromandagainst any and all claimsliability which the company may be responsible, including its agents, representatives, and employees, from and against any and all suits, actions, causesof actionlegal and administrative proceedings, claims, demands, rightsdamages, damagesofany kindlosses, losspenalties, liabilityfines, costs, loss of profitand expenses for whatsoever kind or character which are or may be asserted against Xxxx Xxxxx d/b/a Tidy Bug Dumpsters, expenses and compensation whatsoever, including court costs and attorneys’ fees (“Claim” or“Claims”), LLC relating in any way arising frommanner, whether proximate or in connection not, to the delivery and pick up of a roll-off box to the above referenced address. Further the undersigned homeowner hereby releases Xxxx Xxxxx d/b/a Tidy Bug Dumpsters, LLC, its employees, agents, successors and assigns and all persons acting with the equipment under this Rental Contractpermission or upon the authority of them, includingfrom any liability related to the delivery and pick up of a roll-off box to the above referenced address. Customer Name Date Name if Agent/Contractor for Customer Driver License# Helpful Hints Open the back door for walk-in loading, without limitation, as a result of: (a) be sure to close and latch before filling container completely. Stacking items neatly will use less space and provide more room. Only load the use, maintenance, or possession container to the top of the equipment, irrespective of sidewalls. Questions about specific item disposal can be answered by calling the cause of office at 000-000-0000. In the claim, except event that material/waste items are not properly placed/distributed evenly in the case dumpster and cause it to be unsafe to pickup or transport, materials will need to be offloaded or reloaded into another dumpster. Additional charges will be incurred at the rate of Lessor’s sole gross negligence $75.00 per man hour if Tidy Bug Dumpsters does the work for you. A $75 trip charge is incurred when a dumpster cannot be removed. Most Household items including: Furniture, Unwanted clothing, toys. Remodeling debris including lumber, drywall, carpeting, tiles, sinks, showers, etc. Just about anything not listed on the banned item list. *Appliances – There is an additional surcharge per unit for this service. Units that contain Freon or willful misconductthat have a motor require special handling prior to recycling them. Some items cannot go to the landfill: YARD WASTE, from the time the equipment leaves Lessor’s place of business when Renter rents the equipment until the equipment is returned to Lessor during normal business hours and Lessor signs a written receipt for the equipmentPAINTS, including loss of or damage to anyoftheequipment for anycause; (b) injury toordeathofanypersonSTAINS, includingTIRES, withoutlimitationAPPLIANCES, agents or employees of Renter; (c) or damage to any property arising from the useTELEVISIONS, conditionCAR BATTERIES, possession or storage of any equipment.LIQUIDS AND HAZARDOUS WASTE
Appears in 1 contract
Samples: Customer Service Agreement
Damage Waiver. 7.1. Damage Waiver is not insurance, Renter but is responsible for any loss or damage to an agreement by Mansfield Hire that the equipment and for its return in the same condition in which it was received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor agrees to waive Lessor’s right to recover from Renter the amount damaged to the equipment while in Renter’s possession except that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost in greater than $1,000.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, RenterCustomer’s liability for damage to the equipment will Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess. Mansfield Hire may apply the Damage Waiver Excess at its absolute discretion and is not obligated to provide the Customer with the Damage Waiver Excess.
7.2. Damage Waiver can be waived applied to all hires, subject to the conditions below, for a fee of 12.5% of the hire cost. The Damage Waiver Excess is the actual recovery and repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by Mansfield Hire using supplier’s list prices, whichever is the lesser amount. DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY in the following circumstances: (;
a) any item Where the Equipment is lost or part thereof which stolen;
b) Where the operator of the Equipment is not returnedsuitably licensed;
c) Where the operator of the Equipment is affected by drugs and/or alcohol;
d) Where the Equipment has been wilfully damaged by the Customer or its employees or agents;
e) Where the damage is caused to the Equipment by a collision with a bridge, irrespective ofthe reasoncarpark, including theftawning, gutter, tree or any other structure or object whatsoever due to insufficient clearance;
f) Where the damage is caused while the Equipment is being driven or towed by the Customer or its employee or agent on any road that is unsealed or is not a public road; or
g) Where the damage is caused in any way by overloading of the Equipment.
7.3. The Customer may pay an additional Equipment Waiver Plus Fee in relation to the hire of medium and large equipment (being such Equipment as determined by Mansfield Hire from time to time), which will;
a) Reduce the Damage Waiver Excess in relation to medium and large equipment; and
b) Add a Theft Waiver component for medium and large machinery. Theft Waiver is not insurance, but is an agreement by Mansfield Hire that the Customer’s liability for theft or loss of the Equipment can be limited in some circumstances only to an amount called the Theft Waiver Excess. Mansfield Hire may ask the Customer to pay the Equipment Waiver Plus Fee on the hire of medium and large equipment, but the Customer may decide to opt out of that payment in which case Mansfield Hire may request a copy of the Customer’s Certificate of Insurance prior to the Commencement. The reduced Damage Waiver Excess and the Theft Waiver Excess which may apply to medium and large equipment when the Equipment Waiver Plus Fee is paid will be shown on the Hire Contract and will vary for different types of Equipment.
7.4. THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THEFT in the following circumstances;
a) Where the Customer has failed to keep the Equipment locked in a secure holding facility; , or
b) Where the Customer has failed to submit to Mansfield Hire a Police Report on the theft within 7 days of the theft allegedly occurring. In the event of Theft Waiver applying, hire fees will be charged to the Customer until a satisfactory Police Report is provided to Mansfield Hire.
7.5. Damage Waiver or Theft Waiver will NOT apply where Mansfield Hire determines that any of the applicable circumstances in clauses 7.2(a)-(g) or 7.3(a)- (b) carelessor abusiveoperationoruse respectively have occurred, unless the Customer is able to establish otherwise to the reasonable satisfaction of theequipment; employees, assignees, suppliers, sub-lessors and sub-renters (the “Indemnified Parties”), harmless fromandagainst any and all claims, actions, causesof action, demands, rights, damagesofany kind, loss, liability, costs, loss of profit, expenses and compensation whatsoever, including court costs and attorneys’ fees (“Claim” or“Claims”), in any way arising from, or in connection with the equipment under this Rental Contract, including, without limitation, as a result of: (a) the use, maintenance, or possession of the equipment, irrespective of the cause of the claim, except in the case of Lessor’s sole gross negligence or willful misconduct, from the time the equipment leaves Lessor’s place of business when Renter rents the equipment until the equipment is returned to Lessor during normal business hours and Lessor signs a written receipt for the equipment, including loss of or damage to anyoftheequipment for anycause; (b) injury toordeathofanyperson, including, withoutlimitation, agents or employees of Renter; (c) or damage to any property arising from the use, condition, possession or storage of any equipmentMansfield Hire.
Appears in 1 contract
Samples: Hire Contract
Damage Waiver. If the Hirer agrees to pay the Damage Waiver Surcharge and observe the terms and conditions of the insurance policy held by the Owner , a copy of which will be supplied to the Hirer on request, the Owner offers a Damage Waiver which provides the Hirer with protection against certain type of damage in relation to the Equipment on the following terms:
(a) The Damage Waiver only applies in relation to the costs of repairs or replacement of the Equipment due to damage caused by third parties, fire, storm, collision, accident, theft or burglary, unless such types of damage is specifically excluded pursuant to this clause or this Agreement; subject always to the Hirer being liable for the first $5,000 of any damage
(b) The Hirer must maintain adequate precautions to safeguard the Equipment from the loss, theft or damage to the Equipment that may be covered by the Damage Waiver;
(c) the Owner providing a Damage Waiver in no way entitles the Hirer to, or implies the availability of, compensation from the Owner for any liability incurred by the Hirer in relation to the use of the Equipment, or for any work being undertaken by the Hirer with the Equipment;
(d) This clause and the Damage Waiver will not insurance, Renter is responsible for continue to operate after the expiration of the Hire Period unless the Owner grants an extension in writing and any additional fees or costs as notified to the Hirer are paid;
(e) The Damage Waiver does not apply to any loss or damage to the equipment and for its return in the same condition in which it was received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor agrees to waive Lessor’s right to recover from Renter the amount damaged to the equipment while in Renter’s possession except Equipment that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost in greater than $1,000.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, Renter’s liability for damage to the equipment will not be waived in the following circumstances: arises from:
(ai) any item or part thereof which is not returned, irrespective ofthe reason, including theftglass breakage;
(ii) graffiti; (b) carelessor abusiveoperationoruse of theequipment; employees, assignees, suppliers, sub-lessors and sub-renters (the “Indemnified Parties”), harmless fromandagainst any and all claims, actions, causesof action, demands, rights, damagesofany kind, loss, liability, costs, loss of profit, expenses and compensation whatsoever, including court costs and attorneys’ fees (“Claim” or“Claims”), in any way arising from, or in connection with the equipment under this Rental Contract, including, without limitation, as a result of: (a) the use, maintenance, or possession of the equipment, irrespective of the cause of the claim, except in the case of Lessor’s sole gross negligence or willful misconduct, from the time the equipment leaves Lessor’s place of business when Renter rents the equipment until the equipment is returned to Lessor during normal business hours and Lessor signs a written receipt for the equipment, including loss of or damage to anyoftheequipment for anycause; (b) injury toordeathofanyperson, including, withoutlimitation, agents or employees of Renter; (c) or damage to any property arising from the use, condition, possession or storage of any equipment.or
Appears in 1 contract
Samples: Hire Agreement
