Common use of Customer’s Liability Clause in Contracts

Customer’s Liability. a) If multiple persons are described as the Customer in the Rental Agreement, each person is jointly and individually responsible for all fees, charges and other obligations pursuant to this Agreement. b) Subject to clause 8(e), the Customer is liable to TMS for and indemnifies TMS against: (i) any loss of, or damage to, the Vehicle(including any accessories); (ii) any consequential damage, loss or costs incurred by TMS, including salvage costs, loss of ability to re-hire and loss of revenue; and (iii) any loss of, or damage to, vehicles and property of third parties, arising from the use or misuse of the Vehicle by the Customer, any Authorised Drivers, person whom the Customer permits or allows to drive the Vehicle, invitee of the Customer or passengers in the Vehicle during the Term of Hire, to the extent that such loss, damage or costs have been caused by or contributed to by the Customer, any Authorised Driver, any person the Customer permits or allows to drive the Vehicle, any invitee of the Customer or any passenger in the Vehicle, provided that the Customer’s liability may be reduced to the amount of the relevant excess amount payable in respect of an incident subject to the terms and conditions of this Agreement. c) Subject to clause 8(e), the Customer agrees to release and indemnify TMS from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Customer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement, any reckless or negligent act, error or omission of the Customer, any Authorised Driver, invitee of the Customer or passenger in the Vehicle or any misuse of the Vehicle by the Customer during the Term of Hire. d) Notwithstanding any provision in this Agreement to the contrary, the Customer is not liable to TMS for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract). e) This clause 8 will survive termination of this Agreement.

Customer’s Liability. a) If multiple persons are described as the Customer in the Rental Agreement, each person is jointly and individually responsible for all fees, charges and other obligations pursuant to this Agreement. b) Subject to clause 8(e), the Customer is liable to TMS WKMB for and indemnifies TMS WKMB against: (i) any loss of, or damage to, the Vehicle(including any accessories); (ii) any consequential damage, loss or costs incurred by TMSWKMB, including salvage costs, loss of ability to re-hire and loss of revenue; and (iii) any loss of, or damage to, vehicles and property of third parties, arising from the use or misuse of the Vehicle by the Customer, any Authorised Drivers, person whom the Customer permits or allows to drive the Vehicle, invitee of the Customer or passengers in the Vehicle during the Term of Hire, to the extent that such loss, damage or costs have been caused by or contributed to by the Customer, any Authorised Driver, any person the Customer permits or allows to drive the Vehicle, any invitee of the Customer or any passenger in the Vehicle, provided that the Customer’s liability may be reduced to the amount of the relevant excess amount payable in respect of an incident subject to the terms and conditions of this Agreement. c) Subject to clause 8(e), the Customer agrees to release and indemnify TMS WKMB from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Customer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement, any reckless or negligent act, error or omission of the Customer, any Authorised Driver, invitee of the Customer or passenger in the Vehicle or any misuse of the Vehicle by the Customer during the Term of Hire. d) Notwithstanding any provision in this Agreement to the contrary, the Customer is not liable to TMS WKMB for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract). e) This clause 8 will survive termination of this Agreement.