Common use of Liability of Customer Clause in Contracts

Liability of Customer. 5.1 The Customer will hire and use the Equipment at its own risk and releases Steel Mains, its employees, agents, and contractors to the fullest extent permitted by the law from all claims and demands of every kind resulting from any accident, damage, injury or death arising as a result of the hire or use of the Equipment. 5.2 The Customer will indemnify and keep indemnified Steel Mains from and against all actions, claims, demands, losses, damages, loss of Hire Fees, costs and expenses for which Steel Mains may become liable or which Steel Mains may suffer as a result of the Customer’s hire or use of the Equipment. 5.3 Without in any way limiting or affecting the rights of Steel Mains pursuant to this agreement, or under statute, at common-law or in equity, if the Equipment is damaged during the Hire Period then Steel Mains may, at its sole discretion, repair the Equipment or deem it to be written-off, in either case the Customer must pay to Steel Mains, as the case may be, the cost of repairs to or of replacing the Equipment within 7 days of Steel Mains submitting an invoice to the Customer for such repair or replacement costs. 5.4 Without in any way limiting or affecting any other rights that Steel Mains may have either pursuant to this agreement or under common law, statute or equity, if the Customer does not return the Equipment to Steel Mains by the Hire Completion Date other than by reason of default by Steel Mains then: 5.4.1 The Customer will pay to Steel Mains the pro-rata daily rate for each period of 24 hours or any part thereof from the Hire Completion Date (return time) until the Equipment is returned to Steel Mains; and 5.4.2 If the Equipment is not returned to Steel Mains within 14 days of the Hire Completion Date (or such later date as may be agreed in writing) then, in addition to the amount payable under Clause 5.4.1, the Customer will pay to Steel Mains the replacement cost of the Equipment and in this respect the determination of Steel Mains as to the replacement cost of the Equipment will be conclusive evidence of that cost. 5.5 The Customer acknowledges that the amounts payable under Clause 5 are a genuine pre-estimate of the loss that would be suffered by Steel Mains if the Equipment is not returned in the same condition as it was at the Hire Commencement, fair wear and tear excepted, by the Hire Completion Date.