Damage Waiver Terms and Conditions

Damage Waiver T&Cs

12A. Damage Waiver

12A.1 Application Where a Damage Waiver charge is included within the Contract Details or hire charges, the Company agrees that it may waive recovery of the cost of repair for certain minor damage to the Hire Equipment in accordance with this clause.

12A.2 Nature of Damage Waiver The Damage Waiver:

a) is not insurance;

b) does not transfer risk or ownership of the Hire Equipment;

c) does not remove the Customer’s obligation to insure the Hire Equipment in accordance with Clause 12 (Risk and Damage).

12A.3 Scope of Cover Subject to the terms of this clause and provided the Customer is not in breach of the Contract, the Company agrees not to pursue the Customer for the cost of repair of:

· minor accidental damage to the Hire Equipment occurring during normal and proper use;

· minor cosmetic graffiti or surface marking capable of removal through standard cleaning processes.

12A.4 Financial Limit The Company’s waiver of liability under this clause shall be limited to £1,000 per item of Hire Equipment per incident. Where the cost of repair or damage exceeds £1,000, the Customer shall remain liable for the amount exceeding £1,000.

12A.5 Exclusions The Damage Waiver shall not apply, and the Customer shall remain fully liable for:

a) theft, attempted theft, or loss of the Hire Equipment;

b) fire, burning, or heat damage;

c) flood or severe weather damage;

d) damage caused by vehicles, plant, or machinery;

e) structural damage or total loss of the Hire Equipment;

f) vandalism or malicious damage resulting in permanent damage beyond reasonable cleaning or repair;

g) contamination, including hazardous waste, sharps, or prohibited materials;

h) negligence, misuse, abuse, or improper installation of the Hire Equipment;

i) movement of the Hire Equipment without the Company’s prior written consent;

j) damage occurring while the Hire Equipment is unsecured or improperly protected;

k) any breach of the Contract by the Customer.

12A.6 Insurance Requirement The Damage Waiver does not replace or reduce the Customer’s obligation to insure the Hire Equipment at full new-for-old replacement value in accordance with Clause 12.

12A.7 Voidance The Damage Waiver shall automatically become void where the Customer is in breach of the Contract or fails to comply with the obligations set out in Clause 12 (Risk and Damage).

12A.8 Separate Incidents Each item of Hire Equipment and each separate incident of damage shall be treated independently for the purposes of this clause.