OPINION ISSUED JANUARY 15, 1986
HAMILTON BUSINESS SYSTEMS
DEPARTMENT OF HEALTH
Templeton B. Hamilton, Jr. appeared for claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.
Claimant is a West Virginia corporation which, under an equipment
rental agreement with
respondent, provided respondent with a Savin 880 Copier, a sorter
console for use from
July 1982 through June 26, 1984. A provision of the agreement reads
C. Customer shall use reasonable care in safeguarding the
and, unless damaged or
destroyed without the negligence or fault of Customer, shall return
to Hamilton Business
The copier was ruined by fire on June 26, 1984, and claimant seeks
$3,029.67, for the
purchase price ($2,831.50) and for interest ($198.17), as
for the loss of the
T. B. Hamilton, Jr., testified that the position of the claimant
that respondent has a moral
obligation to reimburse claimant for its loss.
There is no evidence of any negligence or wilful misconduct on the
of the respondent.
Claimant and respondent follows: are bound by the language of the
equipment rental agreement,
and, on the basis of that agreement, the Court disallows the claim.