Terms and Conditions – Equipment Damage Waiver (EDW)

Under Lessor’s Equipment Damage Waiver(EDW), Lessee shall not be liable to Lessor for loss or damages arising from collision, fire, theft(provided the vehicle was stolen while connected to a tractor in the care, custody and control of the Lessee), lightning, explosion, flood and windstorm exceeding $1,000.00 unless such loss or damage arises from Lessee’s non-compliance with its obligations under this Agreement. In addition, under EDW, Lessee shall not be required to provide evidence of comprehensive insurance coverage for equipment physical damage. EDW is not applicable if Lessee has not made payment as per the terms and conditions of Paragraph 1 and is not applicable to: (a.)any vehicle that is lost by Lessee, (b.) collision with the road surface, ground or any part thereof, including collision with the structure of any underpass, bridge or other object because of insufficient clearance, whether of height or width, (c.) equipment upset due to load shift, improper operation or jackknife, (d.) damage resulting from loading or unloading, (e.) damage caused by a tractor /trailer coupling or lifting operation, or (f.) damage caused by the hauling of hazardous or ultra hazardous materials, (g.) vandalism or malicious mischief, (h.) the refrigeration unit on any refrigerated trailer. Lessee agrees to hold Lessor harmless from and against all losses, damages and expenses not covered by EDW. LESSEE ACKNOWLEDGES THAT EDW IS A LIMITED WAIVER OF DAMAGES AND NOT INSURANCE COVERAGE. Lessee shall report any loss or damage for which EDW is applicable to Lessor within 48 hours of occurrence, provide all requested documentation including a complete, timely and accurate police report and fully cooperate with Lessor; non-compliance herewith shall void EDW coverage. Lessor reserves the rights of Lessee’s subrogation against any third party responsible for damage to the trailer covered under EDW and Lessee agrees to fully cooperate with Lessor in all recoveries. At any time during the Agreement, Lessor may, upon written notice to Lessee, cancel EDW coverage or change the amount charged for EDW. In the event of an EDW cancellation, Lessee shall immediately provide comprehensive coverage for physical damage as required per this Agreement.

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