(b) it understands that the use of the Excavator is at its own risk. The Customer agrees that the Excavator is provided "as is" and "as available" without warranty or condition of any kind;
(c) the Customer has the competency, and knowledge to use and operate the Excavator;
(d) the customer will have a blood alcohol/drug level of 0.00 when operating the Excavator
(e) the Customer will obey all reasonable directions given by Mini X Digger Hire;
(f) it will satisfy itself that the Excavator is suitable for the purpose for which it is hired;
(g) it will only operate the Excavator for its intended use;
(h) it will comply with all manufacturer's instructions and recommendations relating to the use of the Excavator;
(i) it will ensure that all persons operating the Excavator are properly instructed in its safe and proper use;
(j) it will comply with all laws relating to the use of the Excavator, including, but not limited to, holding at all times any operating licence or permit required by law to operate the Excavator (if necessary);
(k) it will supply, at its own expense, all fuel necessary for the operation of the Excavator and return the Excavator with a full fuel tank;
(l) it will notify Mini X Digger Hire immediately in the event that the Excavator is lost, stolen or involved in an accident;
(m) it will return the Excavator at the agreed place at the end of the Hire Period; and
(n) it will return the Excavator in a clean condition and in good repair and working order.

6. Limitation of Liability
(a) The Customer agrees that it will use and operate the Excavator at the Customer’s risk.
(b) The Customer agrees that Mini X Digger Hire will have no responsibility or liability for any loss or damage to the Customer or to any of their property.
(c) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the agreement are excluded; and
(ii) Mini X Digger Hire will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Agreement (including as a result of not being able to use the Excavator or the late supply of the Excavator), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
 
7. Indemnity
(a) To the full extent permitted by the law and unless such loss, damage, injury or death arises from the negligent act or omission of Mini X Digger Hire and its employees, agents and contractors (the “indemnified”), the Customer will indemnify and keep indemnified the indemnified against any loss or liability suffered or incurred.(b) The Customer agrees to indemnify Mini X Digger Hire, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(iv.) any loss or damage whatsoever and whenever caused to the Customer whether by way of death of, or injury to, any person of any
nature or kind, accident or damage to property,
delay, financial or otherwise, arising directly or indirectly from the use of the goods or incidental to a breakdown of, or defect in, the Excavator or any accident to or involving the Excavator or their use, operation, repair, maintenance or storage or which may otherwise be suffered or sustained in, upon or near the Excavator.