(b) A lessor and a consumer may agree that the consumer may be liable for loss only up to the maximum amount described in subdivision (a) and only for one of the following:

1. (1) Loss caused by the consumer’s negligent, reckless, or intentional acts.

2. (2) Loss caused by the theft of the property subject to the rental-purchase agreement unless one of the following is applicable:

   1. (A) There is evidence of a burglary of the premises in which the property is located, such as physical evidence or an official report filed by the consumer with the police or other law enforcement agency.
   2. (B) The consumer establishes by the preponderance of the evidence that the consumer has not committed or aided or abetted in the commission of the theft of the property.