(c) Damage Protection. Damage protection is an optional service offered by The Home Depot that may be declined. If selected, this optional service modifies this Agreement to relieve Renter of repair charges, replacement charges, or Administrative Charges, if the Vehicle is damaged during normal use during the Rental Period (“ Damage Protection ”). The charge for Damage Protection is will be determined by each market and will appear as a separate line-item on the Agreement and on the invoice. Renter must accept or decline the Damage Protection service. Damage Protection is not insurance and The Home Depot may make a profit on its Damage Protection program. Damage Protection does not cover loss of or damage to the Equipment caused by theft, abuse, misuse, or intentional acts. All restrictions, conditions, and provisions of Damage Protection are in this paragraph 4.II. R ENTER EXPRESSLY ACKNOWLEDGES AND AGREES THAT R ENTER WILL BE RESPONSIBLE FOR ALL LOSS OR DAMAGE AND ACKNOWLEDGES THIS DISCLOSURE . In addition to the requirements stated in this paragraph 4.II, the following provisions are applicable within the noted State or Territory:
S TATE
R EQUIRED N OTICES
✓ THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED TO CAREFULLY CONSIDER WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN INSURANCE POLICY OR CREDIT CARD COVERS: (i) DAMAGE, LOSS, OR LOSS OF USE TO A RENTED VEHICLE; FIRE AND THEFT DAMAGE AND PERSONAL INJURY INCURREDWHILE USING AMOTOR VEHICLE ; AND (ii) THE AMOUNT OF THE DEDUCTIBLE. ✓ IF COVERAGE IS CONFIRMED, RENTERMAY REQUIRE THAT THEHOME DEPOT SUBMIT ANY CLAIMS TO THE RENTER'S PERSONAL INSURANCE CARRIER. THE PURCHASEOF THIS DAMAGEWAIVER IS NOTMANDATORY AND MAY BEWAIVED. ✓ Maryland law requires that all Maryland residents' insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented or motor vehicles shared by the insureds named in the policy for a period of 30 days or less. NOTICE: This contract offers, for an additional charge, a collision damage waiver to cover your financial responsibility for damage to the rental vehicle. The purchase of a collision damage waiver is optional andmay be declined. You are advised to carefully consider whether to sign this waiver if you have rental vehicle collision coverage provided by your credit card or collision insurance on your own vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under your own insurance coverage. UNDER MINNESOTA LAW, A PERSONAL AUTOMOBILE INSURANCE POLICY MUST: (1) COVER THE RENTAL OF THIS MOTOR VEHICLE AGAINST DAMAGE TO THE VEHICLE AND AGAINST LOSS OF USE OF THE VEHICLE; AND (2) EXTEND THE POLICY'S BASIC ECONOMIC LOSS BENEFITS, RESIDUAL LIABILITY INSURANCE, AND UNINSURED AND UNDERINSURED MOTORIST COVERAGES TO THE OPERATION OR USE OF A RENTED MOTOR VEHICLE. THEREFORE, PURCHASE OF ANY COLLISION DAMAGE WAIVER OR SIMILAR INSURANCE AFFECTED IN THIS RENTAL CONTRACT IS NOT NECESSARY. IN ADDITION, PURCHASE OF ANY ADDITIONAL LIABILITY INSURANCE IS NOT NECESSARY IF YOUR POLICY WAS ISSUED IN MINNESOTA UNLESS YOU WISH TO HAVE COVERAGE FOR LIABILITY THAT EXCEEDS THE AMOUNT SPECIFIED IN YOUR PERSONAL AUTOMOBILE INSURANCE POLICY. NOTICE: This contract offers, for an additional charge, optional vehicle protection to cover your financial responsibility for damage or loss to the rental vehicle. The purchase of optional vehicle protection is optional and may be declined. You are advised to carefully consider whether to purchase this protection if you have rental vehicle collision coverage provided by your credit card or automobile insurance policy. Before deciding whether to purchase optional vehicle protection, you may wish to determine whether your credit card or your vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under such coverage. The State of Rhode Island requires us to provide the following additional information about your l iability for damage to the rental car and the purchase of a damage waiver. If Renter purchases a Damage Protection, The Home Depot will waive our right to hold you or any authorized driver liable for damage. Even if you buy the Damage Protection, you and any Authorized Driver will remain liable for damage or loss if: (1) caused intentionally, willfully or wantonly; (2) occurred while operating the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred; (3) caused while engaging in any speed contest; (4) caused while using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement; (5) incurred while driving outside the United States or Canada, or, if state restrictions are imposed by the rental agreement if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the rental agreement; (6) incurred while the vehicle is driven, with the Renter's permission or accession, by anyone other than an Authorized Driver; (7) incurred after the private passenger automobile was rented or an Authorized Driver was approved as a result of fraudulent information provided to the rental company; (8) incurred as a result of commission of a felony; and (9) incurred if the vehicle is stolen and Renter or Authorized Driver fails to return the original ignition key, fails to file a police report within seventy-two (72) hours of discovering the theft, or fails to cooperate with the Home Depot, police or other authorities in all matters connected with the investigation.
Connecticut, Hawaii Iowa Kansas, Maryland Missouri Nevada, New Mexico, Texas Virginia
Illinois
Minnesota
New York
Rhode Island
5.
LIMITATION OF LIABILITY.
I. For Tool and Large Equipment Rentals Only. DURING THE RENTAL PERIOD, RENTER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY AND OPERATION OF THE TOOLS AND LARGE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, RENTAL CHARGES, RENTER TRANSPORT, LOADING AND UNLOADING, PROPERTY
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