§755.310. Responsibility for Maintenance

a)         Unless otherwise specified by this Section, all ordinary expense of maintenance and repair of loaned equipment distributed pursuant to Section 755.100(a) is borne by ITAC, on behalf of the carriers. 

 

b)         If loaned equipment is damaged, lost, or destroyed due to negligence of the recipient and not due to ordinary wear and tear, the recipient shall be held responsible for the cost of replacing the lost or destroyed equipment or ITAC's cost of restoring the damaged equipment to its original condition, unless ITAC, on behalf of the carriers, assumes the responsibility for the costs of repair in these instances.  ITAC shall have the right to bill the recipient for the cost of replacing or restoring the lost, destroyed, or damaged equipment, and to withhold further participation by the recipient in the programs offered under Section 755.100(a) and (b) of this Part until payment is made.

 

c)         The recipient must immediately notify ITAC if any loaned equipment distributed pursuant to Section 755.100(a) is lost, destroyed, stolen, or damaged.  If equipment is stolen, damaged, or destroyed due to fire, flood, or other acts of God, the police, fire, or insurance adjustor's report, specifying the stolen, damaged, or destroyed ITAC equipment, must be forwarded to ITAC within 30 days after the date the incident was reported.

 

(Source:  Amended at 41 Ill. Reg. 5401, effective May 5, 2017)