• The Limited Damage Waiver (“LDW”) applies only when Renter affirmatively elects it before equipment is released, the rental order identifies LDW and its fee, and the fee is paid.
• LDW is not required to rent unless a separate written rule lawfully requires a protection option for specifically identified equipment. Renter may decline LDW and remain responsible under the Rental Agreement.
• The fee is earned when equipment is released and is not refundable merely because no damage occurs. A cancellation before release follows the Rental Policy.

Subject to this document, Kirby Co. & Outfitters waives Renter’s responsibility above the deductible or retained amount shown on the rental order for sudden, unintended, accidental physical damage to covered equipment that occurs during the agreed rental period while the equipment is being used by an authorized operator in a permitted manner.

Examples may include an accidental impact, upset, puncture, or breakage during proper use that is promptly reported and is not excluded below. Coverage is limited to the specific equipment and components identified as covered on the rental order.

LDW does not apply to:

1. Theft, disappearance, unexplained loss, abandonment, voluntary surrender, confiscation, or failure to return equipment or components.
2. Intentional damage, fraud, dishonesty, conversion, vandalism by Renter’s party, reckless conduct, gross negligence, or damage expected or intended by an operator.
3. Use by an unauthorized, unlicensed, underage, unsupervised, or impaired person.
4. A prohibited use or material violation of the Rental Agreement, law, manufacturer limit, weight or capacity limit, operating-area restriction, return-time restriction, or Kirby Co. & Outfitters safety instruction.
5. Subrenting, lending, racing, towing or motorizing when not approved, commercial transportation for hire, use outside the approved territory, or use for a different purpose than designed.
6. Overloading; improper fuel, fluid, voltage, cord, blade, bit, accessory, hitch, towing setup, tie-down, loading, storage, or transport.
7. Corrosion, saltwater exposure to equipment not designed for it, submersion of non-submersible equipment, leaving equipment unsecured or unattended near water, avoidable weather exposure, freezing, contamination, or failure to rinse, dry, charge, lubricate, or otherwise perform an expressly required renter task.
8. Damage from continuing to operate after a warning, malfunction, impact, capsize, or condition when a reasonable person should stop.
9. Consumables and wear items used up in normal operation, including fuel, batteries intended for consumption, blades, bits, abrasives, cutting edges, filters, belts, tires, tubes, brake or friction material, unless the rental order expressly lists an item as covered and the loss resulted from a covered accident rather than use or wear.
10. Normal wear, cosmetic marks that do not impair use, ordinary mechanical breakdown, a preexisting condition, or a defect for which Renter is not responsible under applicable law.
11. Cleaning, decontamination, missing accessories, lost keys, refueling, late charges, delivery or recovery costs, loss of use, diminished value, administrative charges, or third-party claims.
12. Bodily injury, death, medical expense, damage to Renter’s or another person’s property, environmental damage, fines, penalties, or legal liability to anyone other than Kirby Co. & Outfitters for the covered equipment.

Renter must:

• stop use and take reasonable steps to prevent additional damage or injury;
• notify Kirby Co. & Outfitters as soon as reasonably possible and before attempting repair;
• return and preserve the equipment and all components;
• provide a truthful incident report, photographs, operator information, and other reasonably requested facts;
• notify law enforcement promptly for theft, vandalism, collision requiring a report, or suspected crime; and
• reasonably cooperate with inspection and claim review.

Failure to perform a duty defeats LDW only to the extent the failure is material to the loss, increases the damage, or prejudices Kirby Co. & Outfitters’s ability to investigate.

• Kirby Co. & Outfitters will determine whether damage is covered using the condition record, incident report, inspection, repair information, and other available evidence and will provide a reasonable explanation of uncovered charges on request.
• For covered damage, Renter owes only the deductible or retained amount shown on the rental order plus charges that are outside LDW.
• For uncovered damage, Renter remains responsible under the Rental Agreement for reasonable repair cost or, if repair is not commercially reasonable or the equipment is not recovered, reasonable replacement value less applicable salvage and amounts recovered from another source.
• Kirby Co. & Outfitters may apply the security deposit and charge the payment method as authorized in the Rental Agreement. LDW does not permit double recovery.

LDW is a contractual waiver by Kirby Co. & Outfitters of part of its own claim against Renter. Kirby Co. & Outfitters is not acting as an insurer, insurance producer, or agent. LDW provides no liability defense, no payment to a third party, no medical benefit, and no benefit to an unauthorized operator.

LDW does not change Kirby Co. & Outfitters’s responsibility for its own conduct, alter a warranty or remedy that cannot lawfully be limited, or waive a right under the Washington Consumer Protection Act or other applicable law.

Renter’s LDW choice must be shown separately from acceptance of general terms. The rental record should state the fee, covered equipment, and deductible or retained amount. By electronically selecting Accept LDW with intent to agree, Renter accepts this document and may retain or print a copy. Selecting Decline LDW does not affect access to the ordinary rental on the terms otherwise offered.