1. Upon hiring equipment from us (the Owner), you (the Hirer) are automatically covered by this Damage Waiver, which limits your liability for damage to the equipment under certain conditions.
2. The Hirer will pay for a Damage Waiver unless written confirmation of suitable insurance cover(1) is provided to the Owner before the start of hire. If the Owner is not satisfied with the Hirer’s compliance with these conditions, it may refuse to hire out the equipment. It is important to note that by paying for the damage waiver, the Hirer does not enter into an insurance contract with the Owner.
3. The Damage Waiver is charged at 6% of the total value of the Hire Items on the invoice.
4. The Damage Waiver covers:
- fair wear and tear,
- minor accidental damage resulting from normal operation of the equipment, and
- replacement equipment if available
5. The Damage Waiver does not cover:
- loss or theft of the equipment,
- damage due to misuse, neglect, or unauthorized use,
- intentional or willful damage,
- where the operator is not suitably licensed,
- where the operator is affected by drugs and/or alcohol,
- recovery costs,
- damage caused while the equipment is being towed behind any vehicle,
- damaged caused by overloading,
- damage to tyres, tubes, and rims,
- damage to excavator teeth and augers,
- paint overspray and cleaning costs,
- damage sustained fitting the Hirers own equipment to the Owners,
- loss of tools or accessories, and
- water damage
6. The Hirer can be responsible for an excess amount for each incident of damage, which also extends to third-party property damage under certain conditions.
7. The Damage Waiver applies only when the Hirer adheres to the Owner’s terms and conditions for the use of the equipment. Proper use and timely reporting of any incidents are required for the waiver to be applicable.
8. The Hirer must pay an excess charge before the damage waiver covers the loss of or damage to any equipment. The excess will be up to the first $2,500.00 plus GST for any one item of equipment, unless otherwise specified.
9. The Damage Waiver is not insurance and therefore does not cover any general liability incurred by the Hirer (including, but not limited to, any loss or injury to third parties) or its use of the equipment, or any consequential loss incurred by the Hirer or any third party.
10. The Damage Waiver can reduce your financial burden under specific conditions, but may not absolve you of all costs. It does not absolve the Hirer of possible claim recovery from the Owners insurer.
(1) A certificate of insurance covering both material damage and vehicle/fleet damage to hired vehicles, plant or equipment with an insurance value of $100,000 per policy.