Section 615: Lessee to be liable

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1) The lessee shall possess or use the leased goods by taking adequate safety measures having regard to the nature of the goods in order to save the leased goods from loss or damage.

2) If the leased goods are lost or destroyed for any reason or the price of the goods decreases due to loss or destruction thereof in any manner or due to loss because of negligence on the part of the lessee, any member of his or her family, his or her agent or the third party, during the validity of the contract of lease, the lessee shall be liable therefor, and the lessee shall restore such goods into their original condition, and if the lessee fails to do so, he or she shall be liable to pay compensation therefor.

3) Notwithstanding anything contained in sub-section (1) or (2), the lessee shall not be liable for the loss or damage, if any, caused to the leased goods due to any force majeure event.

4) If partial loss or damage is caused to the leased goods due to a force majeure event pursuant to sub-section (3) and the lessor does not restore such goods to their original condition or such restoration is not possible, the lessor shall reduce the lease rent in proportion to the loss or damage. Explanation: For the purposes of this Section, the term “force majeure event” means any of the following events:

(a) A storm, earthquake, or eruption of a volcano,

(b) Excessive rain, flood, landslide, soil erosion, thunderstorm,

(c) Fire caused in any manner other than that caused by dishonesty, negligence, or recklessness on the part of the lessee or his or her family member, employee, worker, or third party,

(d) Act of terrorism, civil riot, civil war,

(e) Other natural calamity of a similar nature beyond human control.

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