1. INSPECTION. The Lessee acknowledges that he has personally inspected the equipment, fnds it suitable for his needs and in good condition, that he understands its proper use and agrees to inspect the equipment prior to use and notify The Lessor of any defects.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If equipment becomes unsafe or in disrepair, Lessee agrees to discontinue use and notify The Lessor who will replace the equipment with similar equipment in good working order, if available. The Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise.
3. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. There is no warranty that the equipment is suited for the Lesseeís intended use, or that it is free from defects.
4. HOLD HARMLESS AGREEMENT. The Lessee agrees to assume the risks of, and holdThe Lessor harmless for, property damage and personal injuries caused by the equipment and/or arising out of The Lessors negligence. The Lessee shall indemnify and hold The Lessor harmless from any claims of third parties for loss, injury and damage to their persons and property arising out of the Lesseeís possession, use, maintenance or return of equipment, including legal cost incurred in defense of such claims.
5. PROHIBITED USES. Use of equipment in the following circumstances is prohibited, and constitutes a breach of contract: (a) Use for illegal purpose or in illegal manner. (b) Improper, unintended use or misuse. (c) Use by anyone other than the Lessee or his employees, without The Lessorís written permission. (d) Use at any location other than the address furnished The Lessor without The Lessorís written permission.
6. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. The Lessor may assign its rights under this contract without the Lesseeís consent, but will remain bound by all obligations herein The Lessee may not sublease or loan the equipment without The Lessorís written permission. Any purported assignment by the Lessee is void.
7. TIME OF RETURN. The Lesseeís right to possession terminates on expiration of rental period and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.
8. RETURN OF EQUIPMENT. At the termination of this agreement. Lessee shall surrender all of the Equipment or Merchandise to Lessor during Lessorís regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonablewear and tear. Lessee shall be liable for all damages to or loss of the Equipment or Merchandise occurring because it was not surrendered within Lessorís regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the equipment from Lessee, Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor.
9. DAMAGED OR LOST EQUIPMENT. The Lessee agrees to pay for any damage to or loss of equipment, as an insurer, regardless of cause, except reasonable wear and tear while equipment or Merchandise is out of the possession of The Lessor. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. Equipment or Merchandise damaged beyond repair will be paid for at its Replacement Cost plus a restocking fee.
10. DAMAGE WAIVER. All equipmentor Merchandise lost or damaged beyond repair will be paid for by the lessee at the regular replacement price and all damaged equipment which may be repaired will be repaired by the lessor on return thereof and the cost for such repairs shall be paid by the lessee. Accrued rental charges can not be applied against the purchase price or cost of repairs of such damaged or lost
equipment or merchandise. All cartage charges must be borne by Lessee. Scheduled rental rates begin when equipment leaves our store and continue until returned thereto.
11. THEFT OF EQUIPMENT. The Lessee agrees to pay for equipment plus a restocking fee(at its replacement cost when rented) for all types of theft ormysterious disappearance. If Lessee participates in Rental Protection, Lessee will be responsible for the frst $1500.00 of the cost of replacement of rented equipment that is not returned due to theft or mysterious disappearance, provided that a copy of an offcial police report is submitted to Lessee.
12. COLLECTION COSTS.The Lessee agrees to pay all reasonable collection, attorneyís and court fees and other expenses involved in the collection of the charges or enforcement of The Lessorís rights under this contract.
13. REPOSSESSION. Upon a failure to pay rent or other breach of this contract, The Lessor may terminate this contract and take possession of and remove equipment from wherever it is, and The Lessor and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.
14. DISCLAIMER OF MANUFACTURE. The Lessee agrees that The Lessor is neither the manufacturer of the equipment nor the agent of the manufacturer.
15. LOADING AND UNLOADING EQUIPMENT. If The Lessorís employees assist in loading or unloading the equipment, the Lessee agrees to assume the risk of, and hold The Lessor harmless for, any property damage or personal injuries, including damage or injuries attributable to the negligence of The Lessor and its employees.
16. THEFT. That The Lessor of its own discretion may report as stolen all personal property not returned within the date listed in the ìDate and Time Due Inî section of the contract or if conditions and circumstances indicate theft before that time.
17. ACCIDENT NOTIFICATION.The Lessee will immediately notify The Lessor in the event of any accident.
18. UNPAID INVOICES. The Lessor, at its own discretion, revert all charges to a daily rate if monthly statements or invoices are not paid on due dates.
19. OVERDUE ACCOUNTS. Accounts are due and payable at the termination of the rental period. A service charge may be assessed on all overdue accounts.
20. RENTAL PROTECTION. Lessee may participate in Rental Protection Plan for a fee of 12% of the total rental charge. Unless Lessee chooses to participate in Rental Protection Plan. The Rental Protection Plan is not insurance. Lessee is responsible for any loss of or damage to the rented equipment and items and for their return in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. If Lessee participates in Rental Protection Plan, Lessor agrees to waive its right to recover from the Lessee the amount of loss of or damage to the equipment while in your possession, except that the Lessee will be responsible for the frst $1500.00 of the cost of replacement of rented equipment that is not returned due to theft or mysterious disappearance, provided that a copy of an offcial police report is submitted to Lessee. Not withstanding the foregoing, the Lesseeís liability for loss of, or damage to, the equipment will not be waived in the following circumstances:
1. Reckless, careless, or abusive use of the equipment.
2. Damage resulting from failure to perform or pay for all normal periodic and other basic service maintenance, adjustments, and lubrication of the equipment.
3. Use of the equipment in a manner inconsistent with the intended use of the equipment manufacturer.
4. Damage resulting from the use of the equipment in violation of any terms of this rental contract.
RENTAL CONTRACT TERMS AND CONDITIONS
The Lessor, hereby rents to the Lessee, identifed by his signature on this contract, the personal property described, subject to all terms and conditions of contract. The Lessee in consideration thereof, acknowledges and agrees as follows: