Lessee agrees to use equipment in a careful, prudent manner, and to comply with all laws, regulations, rules or ordinances of lawfully constituted authorities. Lessee also agrees not to loan, sublet, mortgage or otherwise dispose of or alter equipment without the written consent of Lessor.
All prices are subject to change without notice and are not guaranteed, except prices that have been agreed to in writing between the Lessee and Lessor and defined for a specific time period. Published prices do not include any sales, use or excise tax, or duties or any other charges levied by State or Federal government agencies.
Lessor shall have the right, in addition to all other rights and remedies, to assess a late payment charge of one and one half percent (1 ½ %) (or the maximum allowed by law if less) per month on the outstanding balance. Lessee shall be responsible for any additional fees and expenses encountered by Lessee in the collection of any outstanding balance. Lessee shall encounter a $50.00 fee for any NSF checks.
The rental period begins at the time the equipment leaves the Lessor’s premises and shall continue until the equipment is returned, except as otherwise agreed. The rental period shall be calculated daily, weekly or monthly. Monthly rentals shall be calculated on a twenty eight (28) day basis. Minimum rental period is one day. Rental rates are calculated by usage of eight (8) hours per day, fifty-six (56) hours weekly and two hundred twenty-four (224) hours monthly. Excess rental charges may be assessed for utilization in excess of the aforementioned usage allowances. Lessee agrees that equipment will be operated by suitably qualified persons. The rental period shall be deemed off-rent upon written notice to Lessor, verbal acknowledgement from an authorized representative of the Lessor or upon return of the equipment to the premises designated by the Lessor.
Unless otherwise agreed in writing, Lessee shall be responsible for all transportation costs of equipment. Lessee shall have the right to utilize their own sources of transportation at their expense. In the event that Lessee requires Lessor to organize and obtain transportation through a third party, Lessor shall charge an administration fee equal to ten percent (10%) of the total cost of the invoice received by Lessor from the transportation company.
Lessor shall provide all applicable equipment with fuel to its maximum allowable capacity. Lessor shall return the equipment with the maximum allowable fuel. Lessor shall have the right to invoice Lessee for any fuel needed to restore the fuel level to the level in which it was delivered to the Lessee at the inception of the rental.
It is agreed that Lessee shall maintain effective control of equipment andmaintain equipment as specified by manufacturer guidelines. When not in use, Lessee agrees to store equipment in a secure area. Lessee shall return equipment to Lessor in the same condition in which it was received by Lessee minus and wear and tear deemed “normal” and Lessee shall be responsible for any costs to return the equipment to its original condition as received plus a fifteen percent (15%) administration charge. Lessee shall be responsible for performing routine maintenance on equipment including but not limited to checking and maintaining proper fluid levels, checking and maintaining proper coolant levels, replacing filters at their required intervals or “as needed”, lubricating all mechanical parts as needed and ensuring all safety mechanisms are functioning properly on a daily basis. The equipment shall remain the property of Lessor. Lessee shall immediately notify Lessor in the event that any equipment is levied upon, claimed or threatened with seizure.
Lessee agrees that no physical alterations are to be made to equipment without the written consent of Lessor. Alterations include any modifications or removal of safety mechanisms, numbers, letters or insignia displayed upon the equipment. Lessee also agrees that equipment shall not be attached to any realty.
Lessor agrees to swap out or replace rented equipment with equipment of like performance and usage capabilities at no charge, provided that equipment has not been subject to abuse, neglect, usage by Lessee in a manner by which the equipment is not intended for or operator error. Lessee agrees to return any malfunctioning equipment to Lessor within forty-eight hours of notice to Lessee that the equipment is not functioning in a safe, normal manner.
LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS FROM AND AGAINST ALL LIABILITY AND EXPENSES (INCLUDING ATTORNEY’S FEES) HOWSOEVER ARISING OR INCURRED, BASED ON DAMAGE TO PROPERTY OR INJURY TO, OR DEATH OF ANY PERSON ARISING OUT OF OR ATTRIBUTABLE TO THE LESSEE’S POSSESSION OR USE OF THE EQUIPMENT. Delivery dates are quoted without commitment thereto. It expressly agreed to that the Lessor shall not under any liability to the Lessee arising as a result of late delivery or of the condition of the equipment or otherwise. Lessee further agrees to assume full responsibility for loss or destruction of, or damage to the equipment while in Lessee’s possession or in transit. Lessee agrees to pay Lessor in cash for the full value of the equipment in the event the equipment is lost or destroyed, or the full cost of the repairs if damaged. Cost of the repairs is to be determined by the Lessor, and if are undertaken, they are to be done by Lessor and / or others designated by the Lessor. Lessor shall not reimburse Lessee for any charges not expressly authorized by the Lessor. Full value at the time of any loss or destruction shall mean fair replacement costs including any applicable taxes and freight charges. Lost shall be defined as lost or unrecoverable for whatever the number of days the Lessee’s insurance carrier deems sufficient time to await a possible recovery before settling a claim, but in no event more than thirty (30) days. Destroy shall mean damage to the extent that the cost of repairs, determined by the Lessor, exceeds the current fair market value. Lessee agrees that the rental rate for any lost, damaged or destroyed equipment shall continue until Lessor has been paid in full for damages as above. At all time Lessee has possession of the equipment (whether or not Lessee is then being charged with rental fees) Lessee is responsible for, and bears all risk of loss, or damage to the equipment.
Lessee shall, at its own expense, provide and maintain liability insurance in the amounts satisfactory to Lessor, including, but not limited to, coverage for the contractual liability of the hold harmless clause contained in Paragraph six (6) hereof. Lessee shall, also at its own expense, provide and maintain insurance against loss by all risks of physical loss or damage such as at least that normally provided by a contractor’s equipment floater policy, in an amount equal to the manufacturer’s list price. Lessee shall, upon request of Lessor, provide Lessor with certificates of insurance evidencing the coverages required above, and naming Lessor as an insured party under the policies. Such certificates shall provide that Lessor be given at least ten (10) days prior written notice of any cancellation of or material changes in such coverage. Lessee must provide certificates of insurance, if requested by Lessor, before shipment or delivery of equipment to Lessee. I Lessee is self-insured, it shall furnish written evidence of such fact all to the satisfaction of the Lessor. THE PROVIDING OF ANY INSURANCE REQUIREDHEREIN DOES NOT RELEIVE THE LESSEEE IN THIS AGREEMENT, OR FOR WHICH THE LESSEE MAY BE LIABLE BY LAWOR OTHERWISE. If requested by Lessor, Lessee at its own expense shall furnish a bond in the amount of the value of the equipment with sureties satisfactory to the Lessor, to insure fulfillment of this agreement.
Lessee agrees that Lessor shall have the opportunity to visually inspect any and all equipment upon termination of each rental contract before equipment is transferred to another job either for the current client which Lessee is currently contracted for or any other client. SHOULD LESSEE NOT ALLOW LESSOR THE OPPORTUNITY TO VISUALLY INSPECT AND TEST EQUIPMENT BETWEEN JOBS, LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS FROM AND AGAINST ALL LIABILITY AND EXPENSES (INCLUDING ATTORNEY’S FEES) HOWSOEVER ARISING OR INCURRED, BASED ON DAMAGE TO PROPERTY OR INJURY TO, OR DEATH OF ANY PERSON ARISING OUT OF OR ATTRIBUTABLE TO THE LESSEE’S POSSESSION OR USE OF THE EQUIPMENT.
Terms are NET 30 days from the date of invoice, unless otherwise agreed upon in writing by the Lessee and the Lessor, and subject to credit approval by the Lessor’s credit department. Invoices will be issued at the first of either, the end of the rental, the end of the twenty eight (28) day monthly billing cycle or the bi-monthly billing cycle of the Lessor. A service charge may be assessed on all delinquent accounts, which remain thirty (30) days past due.
Credit card customers must complete a credit card authorization form prior to commencement of the rental. Rental charges will be billed at the commencement of rental unless otherwise agreed upon, in writing, by Lessor and Lessee. Credits due will be applied on the completion of rental, including an ancillary charges such as repairs above and beyond normal wear and tear. Additional charges will be applied to the credit card depending on the nature of the rental.
The Lessee shall pay the Lessor all costs and expenses, including reasonable Attorney’s fees, incurred by the Lessor in exercising any of its rights or remedies hereunder or in enforcing any of the terms, and conditions hereof.
Lessor makes NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS for a particular purpose with respect to its rented equipment and hereby disclaims the same.
There are no oral or written promises, terms, conditions, representations of quality or fitness for any purpose, or warranties, express or implied, concerning the equipment other than those contained herein in writing, if any.
Lessee acknowledges its understanding that the equipment is subject to export control laws and regulations of the United States of America, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the Foreign Assets Control regulations. Lessee is responsible for determining whether export or reexport licenses or other authorizations are required for any export, reexport, deemed export, and/or deemed reexport., and for obtaining any such required licenses or authorizations from the United States government and any other relevant government or governments, prior to exporting or reexporting the equipment. Lessee is also responsible for obtaining any required licenses or other authorizations necessary for return of the equipment. Lessee acknowledges its responsibility for ensuring that no unauthorized transfers or diversions of the equipment occur.