Limited Damage Waiver Clause Samples
A Limited Damage Waiver clause restricts the amount or types of damages that one party can recover from the other in the event of a breach or loss. Typically, this clause may cap liability at a specific dollar amount, exclude certain categories of damages such as consequential or punitive damages, or limit recovery to direct damages only. Its core practical function is to allocate and control financial risk between the parties, providing predictability and protecting against potentially excessive or unforeseen liability.
Limited Damage Waiver. If it has been indicated in the Hire Agreement that the Limited Damage Waiver will apply for the Equipment (or if no selection of Insurance Option 1 or Option 2 has been made), then:
Limited Damage Waiver. If the Equipment is used with Lessor’s permission and in compliance with all the terms of this Agreement and Lessee accepts the “Limited Damage Waiver” (“LDW”) option in this Agreement at the time of lease and pays the additional charges specified therefor, then Lessor agrees to waive certain obligations Lessee owes to Lessor, subject to the exceptions set forth in this paragraph. If the LDW is accepted, Lessor waives Lessee’s obligation to pay for that portion of damage to Equipment over and above the larger of the following amounts: (a) $1,000 per item of Equipment; or (b) 100% of the monthly lease charge in effect on the date the Agreement is entered in to, per item of Equipment, without regard to the lease period of this Agreement. HOWEVER, EVEN IF THE LESSEE ACCEPTS THE LDW PURSUANT TO THE TERMS OF THIS PARAGRAPH, ▇▇▇▇▇▇ DOES NOT WAIVE LESSEE’S OBLIGATIONS TO LESSOR IF THE EQUIPMENT IS LOST OR DAMAGED IN A MANNER ASSOCIATED WITH ANY OF THE FOLLOWING CIRCUMSTANCES; (1) improper coupling or improper loading or unloading of Equipment, including boom damage from overloading of a boom; (2) riot, strike or other civil commotion; (3) striking overhead objects with the Equipment; (4) reckless or abusive use or operation of the Equipment; (5) transportation of equipment; (6) damage to tires or tools; (7) nuclear reaction, nuclear radiation or radioactive contamination; (8) rollover or upset of Equipment; (9) vandalism, malicious mischief, theft, conversion, or disappearance of Equipment; (10) Lessee’s failure to perform the basic maintenance of the Equipment; (11) Lessee’s failure to secure the Equipment by not reasonably restricting access to the Equipment; (12) use or operation of the Equipment by someone other than a qualified person listed in paragraph 7.
Limited Damage Waiver. Lessor may, in its sole discretion, offer a "Limited Damage Waiver" ("LDW") to Customer. LDW is NOT INSURANCE and does not relieve Customer of its insurance obligations herein, LDW is valid only if (a) the Equipment is used in full compliance with this Agreement; (b) Customer accepts LDW at the beginning of the rental; and (c) Customer pays the additional charges for LDW. Acceptance of LDW, and all the terms and conditions contained therein, shall be established by Customer initialing LDW Acceptance on the Front. If LDW is provided as set forth above, Lessor agrees to limit, to the extent specified herein, Customer's responsibility to Lessor for damage to the Equipment to 50% of the replacement cost of the Equipment. In the event that LDW charges are not paid as specified in this Agreement, then THE LDW WILL NOT BE IN EFFECT regardless of LDW Acceptance on the Front, and Customer remains fully liable for any and all damage to the Equipment.
Limited Damage Waiver. Customer acknowledges that the Company's policy on limited damage waiver was explained at the time of entering into this Agreement. A copy of the policy is available at all branches of the Company and is available upon request. Customer acknowledges that it is responsible for the Equipment and that any limited damage waiver entered into is not insurance.
Limited Damage Waiver. If and only if, we have offered, and you have elected to purchase the OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) and paid the non-refundable LDW fee set forth on P.1 in advance of the Term, then with respect solely to the Item(s) covered by LDW (“Covered Items”), you will have no liability to us for 80% of the first $2,500 of the cost to repair or replace such Covered Items that suffer physical damage during the Term; provided however, that you will remain fully liable for: (a) all Item(s) not covered by LDW; (b) a deductible equal to 20% of the first $2,500 of repair/replacement costs for Covered Items; (c) all damage to and/or loss of Covered Item(s) caused in whole or in part by: (i) your breach of this Contract; (ii) theft or other failure to return Covered Item(s); (iii) negligence, misuse and/or abuse of Rented Item(s); (iv) use of alcohol or drugs; (d) all cleaning costs; and (e) all repair/replacement costs exceeding $2,500 in the aggregate across all Covered Item(s). You may decline LDW if you provide the physical damage/inland marine insurance referenced in § 8. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY.
Limited Damage Waiver. You may purchase a limited damage waiver from UMR at the cost of 12% of the cost of the rental or $25, whichever is greater. Damages shall be assessed by UMR and the waiver applied at the sole discretion of UMR. The limited damage waiver covers damages as described in the subparagraphs of this paragraph 5, including the following:
Limited Damage Waiver. LIMITED DAMAGE WAIVER PROGRAM
Limited Damage Waiver. 9.1 Subject to these Terms, EZY Rental reserves its rights to make a Claim against the Renter in relation to loss of or damage to rented Equipment (Damage Claim).
9.2 If the Renter requests a waiver from EZY Rental in respect of damage to rented Equipment (Damage Waiver), then EZY Rental may provide the Damage Waiver on such terms and conditions it considers reasonable, including as to any fees or charges to be paid by the Renter for the Damage Waiver. If such Damage Waiver is not requested (and paid for) by the Renter, the Renter will be liable for all loss or damage to the rented Equipment.
9.3 If the Renter has obtained Damage Waiver from EZY Rental, EZY Rental agrees, subject to clause 9.4:
(a) that the Renter’s maximum liability in respect of any Damage Claim by EZY Rental is limited to the greater of:
(i) 10% of the list price of the rented Equipment; and
(ii) $500.00; and
(b) to waive its right to make a Damage Claim against the Renter for any amounts in excess of the amounts set out in clause 9.3(a).
9.4 In the case of theft, the Damage Waiver will not apply until the Renter has provided evidence in such form and to the extent satisfactory to EZY Rental that the Renter took all steps reasonably necessary to protect the rented Equipment from theft and that the Renter promptly reported the theft to the police.
9.5 The Damage Waiver will not apply to any loss of or damage to rented Equipment arising from the following circumstances:
(a) overloading, exceeding rated capacity, disregard of instructions in manuals or signs on or with the Equipment, misuse, Abuse or improper servicing of the Equipment, lack of lubrication;
(b) unexplained disappearance of the Equipment;
(c) misappropriation or wrongful conversion of the Equipment by the Renter, its employees or its agents;
(d) use or operation of the Equipment other than in accordance with these Terms;
(e) loss or damage caused by the unlawful use or operation of the Equipment;
(f) loss or damage to tools or accessories;
(g) loss or damage to tyres or tubes and batteries or the like and other similar fittings;
(h) loss or damage to the Equipment occurring for any reason whilst located, used, loaded, unloaded, transported on, over or adjoining water including without limiting the generality thereof whilst located, used, loaded, unloaded or transported over or on wharves, bridges, barges and vessels of all kinds;
(i) loss, theft or damage resulting from the Renter’s negligent or wilful failure to comply wit...
Limited Damage Waiver. Notwithstanding anything to the contrary in the Terms and Conditions, you may purchase from Golf Club Rental Express a release of liability for any damage, loss, theft, or failure to return for one (1) item of rented Golf Equipment (“Limited Damage Waiver”) at any time prior to beginning of the Rental Period. If you purchase a Limited Damage Waiver, no fee or cost will be charged to you for any single damaged, lost, stolen, or not returned item of Golf Equipment to which the Limited Damage Waiver applies. If more than one (1) item of rented Golf Equipment is damaged, lost, stolen, or not returned to Golf Club Rental Express, the Limited Damage Waiver shall apply to that item with the lowest replacement value or repair cost and you agree to be responsible for the cost (a) to repair all remaining damaged items of Golf Equipment or (b) for the Stipulated Loss Value, as indicated at the time you enter into the Golf Equipment Rental Agreement, or, if a Stipulated Loss Value is not provided, the replacement value of the Golf Equipment, whichever is less. The applicable fee for any Limited Damage Waiver will vary depending on leased Golf Equipment.