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11.
The Hirer hereby undertakes to pay the Owner, on demand all amounts
due to the Owner and coming within sub-paragraphs (a) and
(b) below, in the event that the Equipment or any part hereof
is lost or damaged during the period of hire. |
| (a)
the repair or replacement costs of the Equipment or any part thereof:
and |
| (b)
an amount which is to be calculated in accordance with the hiring
rate applicable to this Agreement which constitutes the loss of
hiring fees for the period of which the Equipment is unable to be
used by the Owner for the purpose of hiring to its customers. |
| The
Hirer's liability under this clause is irrespective of whether or
not the loss or damage was caused through the Hirer's own fault,
negligence or recklessness or the fault, negligence or recklessness
of any of its servants or agents and irrespective of whether any
insurer who has provided the Hirer with a policy of insurance in
respect of the hired equipment refuses to pay for any claim in respect
of the Equipment. |
|
| 12.
The Hirer acknowledges that the Owner shall not be liable for any
loss, injury, accident or any claim whatsoever arising out of the
use of the equipment or any part thereof while the same is being
hired by the Hirer. |
|
| 13.
The Hirer further acknowledges that the Owner shall not be liable
for any loss, claims or proceedings whatsoever (including all costs
and damages in connection herewith) arising from the non-delivery
due to circumstances beyond our control, or failure of performance
of the equipment or personnel from any cause whatsoever. |
|
| 14.
The Hirer undertakes not to part with possession of the Equipment
and not to cause or permit any legal or equitable lien or other
encumbrance to take effect or to be created over or in respect of
the Equipment. |
|
| 15.
Representations and agreements not expressly contained herein shall
not be binding upon the Owner. |