→ Rental Terms

BY RENTING, YOU AGREE TO THE TERMS AND CONDITIONS STATED BELOW.

1. PHYSICAL CONDITION OF RENTAL ITEM(S):

You acknowledge that prior to taking the rented item(s), you examined it, saw it in operation (if appropriate), and are aware of its condition and that it is in good condition except for any defect noted on your contract. It is your responsibility to return the rented item(s) to Dealer in the same condition, except for ordinary wear and tear.

2. USE OF THE ITEM(S):

You agree that you are satisfied with the instruction given by Dealer in the proper and safe manner of using the item(s) or that you are so familiar and told Dealer that you were. You further agree that the item(s) will be used only at the address designated and only for the purpose for which the item(s) was manufactured and intended. Subleasing or improper use Is prohibited. You have read and understand all manuals, written operating instructions and warnings as supplied for the equipment.

3. INDEMNIFICATION:

Lessee assumed liability for, and shall indemnify, defend, and hold harmless Lessor, its agents, employees, officers, directors, successors, and assigns from and against, any and all liabilities, obligations, losses, demands, damages, injuries (including, but not limited to, bodily injury, illness and death), claims, penalties, suits, actions, costs, and expenses, including attorneys fees, of whatsoever kind and nature, relating to or arising out of the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Lessee or Lessor), operation, ownership, selection, delivery, leasing, or return of the equipment, regardless of where, how, and by whom operated, or any failure on the part of the Lessee to perform or comply with the conditions of your lease.

Without limiting the generality of the foregoing, Lessee shall, at its own cost and expense, defend Lessor against all claims, suits or proceedings commenced by any one in which Lessor is named of or arising out of the equipment, or any alleged act or omission by Lessor, and Lessee shall be liable and responsible for all costs, expenses, and attorney's fees incurred in the defense and/orsettlement, judgment, or other resolution thereof. In the event any such action is commenced naming Lessor as a party, Lessor may, in, its sole discre- tion, elect to defend said action on its own behalf with counsel of its choice, and Lessee shall be liable for and reimburse Lessee for all costs, expenses, and attorneys fees incurred by Lessor in such defense.

The indemnities and conditions herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of the lease.

Purpose of this Clause: It is understood, and agreed by the parties that the purpose of this clause is to completely shift the risk of all claims relating or arising out of the lease of the equipment to Lessee hereunder. It is the intention of the parties to this clause to be interpreted broadly and in favor of Lessor.

4. RESPONSIBILITY FOR EQUIPMENT:

From the time the item(s) is lost, stolen or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor cost, to replace or repair the item(s). If the item(s) is returned not clean, a cleaning charge will be imposed. Failure to return rented property under the terms of this contract may subject the Renter to criminal prosecution.

5. ITEMS FAILURE:

You agree immediately to discontinue the attempt to use the rented item(s) should it at any time become unsafe or in a stale of disrepair, and will immediately (one hour or less) notify Dealer of the facts. Dealer agrees its discretion to make the item(s) operable within a reasonable time, or provide you with a like item if available, or make a like item available at another time, or adjust the rental charges. This provision does not relieve you from the obligations imposed by other paragraphs, including 4 and 6. In all events, Dealer shall not be responsible for any injury damage, including consequential damage resulting from failure or defect of a rented item(s).

6. RETURN OF ITEM(S):

The rented item(s) is Dealer property and is rented to you subject to your contract for rental charges and for the period time noted on your contract. If you desire to extend the term of this rental beyond, the time and date specified of the reverse side of the contract under "Due", you must immediately notify Dealer to obtain our approval, the terms for such extension and a modification of the contract (see paragraph 9). If this agreement has not been extended and you fail to return the item(s) when due in; Dealer, to enforce its property ownership of the item(s) and to protect its interest under this contract, may retake the item(s) at any time and to do so Dealer or its representatives may enter your property and you hereby waive any right of action against Deal- er for such entry and retaking. In addition you acknowledge that the failure to return rented item(s) within the contracted time and the sale or concealment of rented item(s) are prohibited, and that such action may constitute a crime, Dealer, in addition to any other action we may take, may notify the authorities and take other action, including the filing of criminal complaints, subjecting you to prosecution.

7. CHARGES AND PAYMENTS:

Time is money. You are responsible for rental charges from the time the item(s) is "Out" as specified on your contract until it is returned, and other charges hereunder. Return the item(s) promptly, clean and in good condition. You and your representative, agent, or principal shall be responsible for and shall pay Dealer all charges hereunder. All charges are due upon return of the item(s) and on demand. In the rental charges are charged to someone other than the Renter, the Renter represents he/she/they is/are the agent of such party and has the right to charge this rental; the Renter nevertheless will remain liable for the charges and for the obligations and responsibilities of the Renter hereunder. If rental charges are not paid within 10 days of their due date, Dealer at its discretion may recalculate all charges on a daily rental rate basis.

8. COLLECTION COSTS:

You agree to pay attorney fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement, in retaking the rented item(s) or otherwise in enforcing the terms of this contract.

9. MODIFICATION OF CONTRACT:

Your paper(s) contract represents our entire contract, and there are no collateral, oral, or other agreements outstanding. None of dealer rights may be changed and no extension of the terms of your contract may be made except in writing signed by Dealer and made part of your contract.

10. DAMAGE WAIVER:

If you pay the damage waiver charge (DWC) as specified, subject to the limitations and exclusions below, Dealer agrees to modify the terms of your contract and relieve you of liability for accidental damage to the rented item(s) on your contract, and for loss due to fire, windstorm, upset, and riot. We excluded from this waiver, however, any loss or damage to theft, burglary, collision, misuse or abuse, theft by conversion, intentional damage, mysterious disappearance, or any lost due to your failure to care for the rental item(s) as prudent person would his or her own property, such as proper lubrication. In addition, If the item(s) rented is a truck, you are not relieved of liability of accidental damage for the truck container (box) caused by striking a stationary object. If any such loss tends to indicate a crime may have been committed, a further condition of this waiver that you must file a report to the proper law enforcement authorities and furnish us a copy. In addition, if you have insurance for the loss or damage, you shall exercise, and empower us to exercise all your rights to obtain recovery under insurance, shall cooperate with Dealer to obtain recovery and all insurance proceeds shall be given or assigned to Dealer.