Damage Waiver Plan: Terms and Conditions
- These terms and conditions (‘Damage Waiver Plan’) shall apply to any loss or accidental damage waiver transaction between Mobile Mini UK Ltd (‘Mobile Mini’) and you (‘the Hirer’) unless any variation is agreed and accepted by Mobile Mini in writing.
- This Damage Waiver Plan should be read in conjunction with Mobile Mini’s rental agreement.
- Mobile Mini undertakes, subject to an extra payment as stated on the rental agreement, to offer a waiver to cover any loss or damage (subject to these terms and conditions) to the Storage Containers, Office Units, Toilets and other accommodation units (collectively referred to as ‘the Property’) hired by the Hirer and whilst in the Hirer’s possession.
- This Damage Waiver Plan must have been agreed to apply prior to the hire of the Property or following a documented inspection by an authorised employee of Mobile Mini.
- This Damage Waiver Plan does not exclude the Hirer’s liability for the following:
a. any costs, claims, damages, hire charges or expenses incurred by the Hirer arising out of any tortious act or omission or breach of contract or statutory duty calculated by reference to profits, income, production accruals, or by reference to accrual of such costs, claims, damages, hire charges or expenses on a time basis;
b. any loss or damage occurring as a result of the Hirer’s reckless, careless or negligent use of the Property;
c. any loss or damage occurring as a result of the Hirer’s failure to provide reasonable security and protection for the Property;
d. any loss or damage caused to the Property by any criminal act by the Hirer or the Hirer’s employees or representatives;
e. any loss or damage caused to the Property’s paintwork (for example, by graffiti or vandalism);
f. any loss or damage howsoever caused to the Property’s rental accessories such as steps, ramps, platforms or furniture;
g. any loss or damage howsoever caused to Mobile Mini’s welfare units or generators hired by the Hirer;
h. any loss or damage caused to any property located adjacent to the Property;
i. any loss or damage howsoever caused to the Hirer’s own property or goods.
- This Damage Waiver Plan does not exclude the Hirer’s liability for the death or personal injury arising from the actions of the Hirer or the Hirer’s employees;
- The Hirer must take all reasonable steps to limit any loss or damage being caused to the Property.
- In the event of the loss or damage being caused to the Property by a third party the Hirer must inform the Police if it is reasonable to do so in all the circumstances. If the Police are informed, the crime number and/or Police report must be provided to Mobile Mini upon request.
- Mobile Mini reserve the right to rescind the Damage Waiver Plan and recover any costs of replacing, reinstatement or repair of the Property incurred by Mobile Mini from the Hirer if:
a. the Hirer is in default of any rental payments due for the hire of the Property;
b. the Property is located over 75 miles from the nearest Mobile Mini branch and a site visit by a Mobile Mini representative is required;
c. any alterations or modifications are carried out by the Hirer to the Property;
d. the Hirer does not notify Mobile Mini of any loss or damage to the Property within 24 hours of becoming aware of the loss or damage occurring;
e. the Hirer commits any breach of the terms and conditions of this Damage Waiver Plan or of any other of his obligations.
- Mobile Mini’s liability for any loss of whatsoever nature and howsoever caused shall be limited to and shall in no circumstances exceed the price of the Property.
- Any rights conferred upon third parties by reason of the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be excluded.
- These terms and conditions do not create any rights of ownership to the Property on behalf of the Hirer.
- Subject to the above clauses, if any loss or accidental damage is caused to:
a. a Storage Container, Mobile Mini will waive the Hirer’s entire liability for the damage incurred; or
b. Office Units, Toilets or other accommodation units, the Hirer’s liability is limited to £125.00. The Hirer will remain liable for the full amount until this sum is paid in full. Following receipt of this payment the Mobile Mini will waive the Hirer’s remaining liability for the damage incurred.
- If any provision of these terms and conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions.