TERMS OF RENTAL
Inspections: Customer acknowledges the they had or will have an opportunity to inspect the equipment and find it suitable for their needs and in good condition and they understand its proper use. Customer further acknowledges their duty to inspect the equipment prior to use and notify Dealer of any defects.
Replacement of Malfunction Equipment: If the Equipment should malfunction, the Customer shall discontinue use and notify the Dealer that the Equipment has malfunctioned. If the Dealer has a similar item of Equipment in stock, the Dealer shall replace the malfunctioning Equipment. The Dealer shall not be responsible for any incidental or consequential damages or lost profits suffered by the Customer as a result of malfunctioned Equipment.
Fuel and Maintenance: All fuel shall be paid for by Customer. Customer, at Its expense, shall perform all normal periodic and other basic service and adjustment and lubrication requirements including replacement of expandable materials, such as cable, clutch and brake bands, hydraulic oil, oil and fuel filters and all lubricants and check of the equipment before each shift or period or work. Further, the Customer shall at Its expense, except for work covered under warranty in the case of new equipment, keep and maintain said equipment, including tires, in the same condition as when received. Usual wear and tear accepted, and to return it In good operating condition. There shall be no abatement of rent during any period when the equipment is Inoperable due to mechanical defect or failure. Any parts added to the leased equipment become the prope1ty of the Dealer. Customer shall make no alteration of the leased equipment without written consent of Dealer. If said equipment is returned and requires maintenance work lo return II to the same condition as when delivered, the rental period shall be extended to cover such a period of repair and Customer also shall pay the costs of sa!d repair. Including ove,time and special expenses to expedite the prompt acqulsltlon of needed parts. Dealer shall have the exclusive option of determining whether to repair the equipment or lo consider !l beyond repair as a result of damage occurring while In Customer's control including an event while in transit to Customer or while being returned to Dealer. If Dealer determines that said equipment ls beyond repair, It shall promptly notify Customer in writing and Dealer shall then forthwith make appropriate claim lo its insurance company and promptly shall remit to Dealer any sums not paid by Customer's Insurance Company.
No Warranties Expressed or Implied: The Customer acknowledges [hat the Equipment Is being leased from the Dealer on an "AS IS" and "WITH ALL THE FAULTS" basis. The Customer acknowledges that(1) the Dealer has made NO EXPRESSED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE: (2) The dealer HAS NOT MADE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE regarding the Equipment, and (3) The Dealer has made no warranties that the Equipment is suited for the Customer's Intended use or that the Equipment ls free from defects.
Indemnification/Hold Harmless: The Customer shall hold the Dealer harmless from any property damage or damages for personal injuries caused by or arising out of the Customer's use of the Equipment. The Customer shall assume the risk of all property damage or damages for personal Injuries caused by the Equipment or arising out of the Customer's use of lhe Equipment. Prohibited Uses: Use of the Equipment in any of !he following circumstances is prohibited and shall conslltute a breach of this Agreement: (a) Illegal Customer or the Customer's employees; (b) when the Equipment Is in bad repair or in an unsafe condilion; (c) Improper unintended use or misuse; (d) by anyone other than the Customer or the Customer's employees; (e) at any location other than the address provided by lhe Customer to Iha Dealer. Non-Asslgnmen/Subletting: The Customer may not sublease, lend or loan the Equipment to another party without the Dealer's written permission. Return of Equipment: TIME IS OF THE ESSENCE FOR THIS AGREEMENT. The Customer's right of possession of the Equipment terminates upon the expiration of the rental term. Should the Customer retain possession of the Equipment beyond the term of the rental period, the Customer shall be responsible for all of the charges set forth in this Agreement until the Equipment is returned to the Dealer. Any extension to the rental term must be agreed to between the Customer and Dealer In writing.
Late Return: Customer shall return the Equipment to the Dealer during the Dealer's regular normal business hours prior to the expiration of the rental term. If the Equipment ls not returned to the Dealer during the regular business hours, the Customer shall pay for any damages or losses to the Equipment occurring between the expiration of the rental period and the date and time the Customer actually returns the Equipment to the Dealer. The Customer shall pay the rental charges set forth ln the Agreement for the Equipment prorated for each day the Equipment Is kept beyond the rental term through the date the Equipment is returned to the Dealer. Return of Equipment
In Clean Condition: Customer shall pay a reasonable cleaning fee if the Equipment Is returned to the Dealer dirty. Damaged or Lost Equipment: Customer shall pay for any damage to or loss of the Equipment as an Insurer, regardless of the cause of the damage to the Equipment (except reasonable wear and tear) or the reason for the loss of the Equlpment from the time the Equipment is out of the possession of lhe Dealer until Equipment Is returned to the possession of the Dealer. The Customer shall be responsible lo pay all damages to the Equipment in addition to any accrued unpaid rent. The accrued unpaid rent may not be applied against the purchase of the Equipment or the cost of repair of the damaged Equipment. Equipment damaged beyond repair shall be paid for by the Customer at its replacement cost determined as of the date of this Agreement. The cost of repair to the Equipment whether performed by the Deafer or by others shall be paid by the Customer. Insurance: The Customer will insure and keep said equipment insured to full replacement value with all risks of physical loss coverage in an Insurance company as Dealer shall approve. A provision for payment to Dealer, as its interest may appear, shall be included or Dealer shall appear as "additional named insured" on all potlcies. Further, Customer does hereby agree to indemnfy and hold the Dealer harmless from all loss, liability or expense, storage, use or operation of said equipment, except that Customer shall not be responsible hereunder for any clalm or liability attributable solely to the negligence of Dealer, Dealer shall throughout the term of this lease carry Public Liability Insurance with limits of not less than $1,000,000 aggregate each accident for Injury to life or persons and $1,000,000 for damage to property. All policies Customer obtains as required by this Agreement shall contain a provision which prohibits cancellation of the policy without first delivering to both Customer and Dealer thirty (30)days written notice of Intention to cancel said policy. No policy or Insurance required above shall be deemed to satisfy the requirement unless hereunder the Dealer has the right to sue the insurance company directly In the event of a disputed claim. Customer shall deposit such policies or acceptable certificates, the failure to request same, shall not relieve Customer of the responsibility provlded herein. The Customer agrees to promptly exercise all rights under the Customer's said policy of Insurance to make a claim for any amounts available thereunder with respect to such damage and/or destruction of Equipment, and/or at the Dealer's option assign the claim, or the proceeds thereof (as applicable) to the Dealer as soon as the occurrence of the event giving rise to such claim as reasonably practical, subject lo the following: Exceptions and Exclusions: The foregoing notwithstanding the Customer will remain Iiable for each: Your failure to return any item of Equipment for any reason including, without limitation; (a) loss, mysterious disappearance, conversion, theft, or destruction or the Equipment. (b) damage to the Equipment due to improper use, misuse, abuse, negligence, neglect including failure to protect during periods of inclement weather; (c) damage to the Equipment due to the improper operation of the Equipment in a manner inconsistent with the instructions provided by the Dealer and/or the manufacturer of the Equipment; (d) damage to the Equipment due to overloading, exceeding the rate of capacity or the Equipment; (e) damage resulting from failure to properly clean, service, or maintain the Equipment, including without limitation, failure to maintain proper pressure levels or proper levels of oil, fuel, lubricants, hydraulic fluids, brake fluid and coolants; (g) damage resulting from the loading or unloading or transportation of the Equipment; (h) damage arising from the use of the Equipment in a manner which violates the terms of this agreement or applicable law.
Use of Equipment: The Customer agrees that (a) the Equipment shall only be used by persons competent to operate the Equipment; (b) the Customer is solely responsible for providing competent operators of the Equipment; and (c) the Equipment shall not be operated in a careless or negligent manner.
Attorney Fees/Collection Fees: The Customer shall pay all collection costs, attorney fees, costs and other expenses incurred by the Dealer to enforce the Dealer's rights under this Agreement to collect all sums required to be paid by the Customer to the Dealer under this Agreement. If the amount owed by the Customer to the Dealer under this Agreement Is turned over for collections, the Customer shall be fully responsible to pay all sums incurred to collect the amount owed by the Customer to the Dealer including all fees incurred by the Dealer for the services of the collection firm.
Repossession of Equipment: Should the Customer fail to perform the obligations imposed upon the Customer under this Agreement the Dealer may terminate this Agreement and remove the Equipment from the possession of the Customer or from the location where the Equipment may be found, The Customer waives its right lo make any claim for damages against the Dealer should the Dealer exercise its right to repossess the Equipment.
Option to Purchase (if applicable): If the Customer wishes to exercise the option to purchase the Equipment, the Customer must exercise the option to purchase at the start of the rental term by informing the Dealer of the customer's intention to do so in writing. The Customer recognizes this Agreement Is not a finance lease. Title to the Equipment shall pass to the Customer when the Customer has paid for the Equipment and all sales taxes and other costs associated with the purchase and all sums required to be paid under this Agreement have been pald in full. Rent accrues under this Agreement until the Customer has completed the purchase of the Equipment described in this Agreement may only be applied towards the purchase of the Equipment described In this Agreement. Title and Ownership or Equipment: Title to the Equipment and ownership of the Equipment shall at an times remain with the Dealer.
Qualified Operators of Equipment: Only the Customer or those individuals who are set forth in this Agreement are authorized to use the Equipment. The Customer will not permit the Equipment to be used by any other person or at any other location other than the location designated on this Agreement without first notifying lhe Dealer and obtaining the written consent of the Dealer. Assumption of Risk: The Customer acknowledges and accepts the risk Inherent with and auendant to the use of the Equipment. The Customer vo!unlarily assumes the risk of Injury, loss, damage, personal Injury, or damage lo persons and property which may arise from the use of the Equipment. Dealer Not Responsible for Damages to Transport Equipment: The Customer has inspected the trailer coupling and mechanism and safety chain on the trailer which is being used to transport the Equipment before the Customer left the premises of the Dealer. The Dealer is not liable for damages to the Customer's vehicle arising out of the Customer's transportation of the Equipment. Notification of Accident or Damage to Equipment: The Customer will immediately notify the Dealer in the event of any accident involving the Equipment or any damage to the Equipment. Dealer Charges: The Customer shall pay to the Dealer all charges for rental, delivery, installation of or use of the Equipment, mileage incurred by the Dealer's employees to service or maintain the Equipment, or any other charges or costs, which the Customer agreed to pay herein at the rates, schedules and charges maintained by the Dealer.
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