(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
347
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 into 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, eruption of volcano,
(b) Excessive rain, flood, landslide, soil erosion,
thunder-storm,
(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 similar nature beyond
human control.