The Hirer agrees to pay a damage waiver to the Owner to cover any costs associated with any accidental damage to a particular item of Equipment, provided that the replacement cost And/or the cost of repairs to any Equipment which was damaged does not exceed 10% of the hiring fee for the particular item of Equipment. If the damage exceeds 10% of the hiring fee for the particular item of Equipment, then clause 7 shall apply. The damage waiver does not apply to or cover any other damage to or loss of Equipment including, without limitation: (a) damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment; (b) damage or loss due to disappearance of the Equipment; (c) damage caused by the use or operation of Equipment in contravention of any of these Terms; and (d) damage to, or loss of, the Equipment from any unknown cause.