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This is a contract. The back of this contract contains important terms and conditions including lessor's disclaimer from all liability for injury or damages and details of the customer's obligations. These terms and conditions are part of this contract.
I certify that I have read and agree to all terms of this contract.
TERMS & CONDITIONS OF RENTAL AGREEMENT
1. Lessee acknowledges receipt of the herein described personal property. Both the parties agree that the property was inspected by the Lessor and personally examined by the Lessee at time of delivery to and accepted by the Lessee and that the property was in good and serviceable condition.
2. Title to the rented property is and at all times shall remain with the Lessor. Only the parties hereto and those other persons whose names are listed on the reverse side are authorized to use the property and Lessee shall not permit the property to be used by any other person or at any other address other than the address designated on the reverse side without the expressed written consent of the Lessor.
3. Lessee acknowledges that there are no warranties from Lessor either express or implied including any warranty of merchantability or fitness for a particular purpose. The parties agree that the Lessor is not the manufacturer of said property nor the agent of the manufacturer and no warranty is given against evident or hidden defects in material, workmanship or capacity.
4. Inspection: Lessee acknowledges that he or she has had an opportunity to personally inspect the property and finds it suitable for his or her needs and in good condition and understands the proper use of said property. Lessee further acknowledges his or her duty to inspect the property prior to use and notify Lessor of any defects or problem with the property. In the even the property becomes unsafe or in a state disrepair. Lessee agrees to immediately discontinue its use and promptly return it to the Lessor. If the condition of the property is not the fault of the Lessor, the Lessee shall replace it with property of like kind in good working order.
5. At the termination of this agreement, the Lessee will promptly return the rented property and all its parts and attachments to the Lessor’s place of business. It is to be in the same condition as it was received, ordinary wear and tear excepted. The Lessee agrees to pay for any damage to the property or loss of its parts or attachments while in his or her possession or control and also, agrees to pay for any necessary cleaning. The Lessee further agrees to pay a late charge of 2% per month on any outstanding balance due Lessor for the rented property after 30 days of the bill becoming due; said amount shall continue to accrue until paid in full. The Lessee further agrees to pay the fair market value in rent on a per diem basis for every day in which the rented property is not returned when due. Lessees agree to pay any and all collection or litigation cost necessary to collect the rent due or to obtain the rented property or to pay for the repair and or replacement of the rented property, including by not limited to reasonable attorney fees, court costs, and expert witness fees.
6. Lessor shall not be liable to Lessee for any loss, delay or damage of any kind resulting from defects or inefficiency of the rented property or accidental breakage.
7. Lessee agrees to indemnify and save harmless the lessor against all loss, damage and expense and penalty arising from any action on account of any injury to any person r property occasioned by the operation, handling or transportation of the leased property during the rental period or while the property is in the possession or control of the Lessee.
8. Lessee shall give Lessor immediate notice of any levy attempted upon the rental property, or if the property for any cause becomes liable to seizure and shall indemnify Lessor against all loss and damages caused by such action, including Lessor’s reasonable attorney’s fees and expenses, including expert witness expense.
9. Lessee shall not retain the rental property beyond the “Due In” time without prior notice to and the consent of the Lessor. Lessee shall pay the rental price in advance or with prior agreement with Lessor, immediately upon return of the property. Should collection or litigation become necessary, Lessee agrees to pay all collection charges, including reasonable attorney's fees, court costs and expert witness expenses.
10. At lessor’s sole discretion, all charges may revert to the daily rate if any monthly statement or invoice is not promptly paid. Lessor shall not make a refund on any items over thirty (30) minutes. Lessor may at his sole discretion, report the rental property stolen if held five (5) days beyond the “Due In” date.
11. Lessee waives and releases Lessor from all claims for injuries or damages to Lessee arising out of the use of the rental property by Lessee.
12. Lessee agrees that should any paragraph or provision of this agreement violate the law and be unenforceable, the rest of the agreement shall be valid.
13. Prohibited uses. Use of the rented merchandise in the following circumstances is prohibited and constitutes a breach of this contract.
a) Use for illegal purpose or in an illegal manner.
b) Use when equipment is in bad repair or unsafe.
c) Improper, unintended use or misuse.
d) Use by anyone other than the Lessee or his or her agents or employees, without Lessor’s express written permission
e) Use in any other location other than the address furnished Lessor without Lessor’s express written permission.
14. Damage waiver: Lessee assumes the entire risk with respect to damage, theft, or loss of the rented property. However, if the Lessee has paid the damage waiver as referenced herein, the Lessee shall not be responsible for to the rented property. SUBJECT TO THE FOLLOWING EXCEPTIONS AND LIMITATIONS:
a) The damage waiver does not apply to attachments or items used in connection with the rented property, included but not limited to hoses (air, water & hydraulic) tool steel, glass, cords, cables, blades, tanks, tires (including tubes) and other such items or attachments. Lessee agrees to pay in full for the damages to all such attachments or items.
b) The damage waiver shall not apply if the rented property is lost or stolen, and the Lessee agrees to pay in full for the damages to the rented property.
c) The damage waiver shall not apply if the rented property is used for a purpose for which it was not intended or if it was overloaded or otherwise abused, or if any of the safety features were tampered with, modified or in any way circumvented of if the Lessee or any of the Persons to whom the Lessee entrusted the rented property is negligent in his or her operation of the property. The lessee agrees to pay for the damages sustained to the rented property if any such events occur.
d) The damage waiver shall not apply if the Lessee uses the rented property in violation of any other term of this agreement and the Lessee agrees to apply for the damages sustained to the rented property if such occurs.
e) The damage waiver shall not apply if the Lessee or any of his agents, employees or persons to whom the rented property is entrusted or any other person who uses the rented property during the term of this lease, fails to perform maintenance on the subject property as required or is reasonably necessary.
15. Any civil action which Lessee may desire to bring for a default breach under this contract including but not limited to breach of warranty, breach of contract or indemnity must be commenced within one (1) year after the cause of action accrues.
16. IN THE EVENT OF DEFAULT OR BREACH BY LESSEE PURSUANT TO THE TERMS OF THIS CONTRACT, THE LESSEE EXPRESSLY AUTHORIZES LESSOR OR LESSOR’S EMPLOYEES AND /OR AGENTS TO ENTER UPON THE PROPERTY OF THE LESSEE WHERE IN THE RENTED PROPERTY IS KEPT AND, WITHOUT BREACHING THE PEACH, RECLAIM THE RENTED PROPERTY. LESSEE HEREBY AGREES TO SUPPLY ANY AND ALL NECESSARY ASSISTANCE TO ACOMPLISH THIS PURPOSE. IT IS AN EXPRESS BREACH OF THIS CONTRACT WHEN THE LESSEE FAILS TO RETURN TO RENTED PROPERTY AT THE SCHEDULED RETURN TIME.
17. Lessee agrees to be responsible for and perform or have performed all routine maintenance (as recommended by the manufacturer) on the rental property.
18. Lessee agrees to be responsible for the rental property and agrees to pay any and all damaged to the rental property if such should occur while it is in his or her possession or being transported whether or not the Lessee uses a trailer provided by or rented from the Lessor. Lessee warrants that he has inspected the trailer, the hitch, and the connection to the vehicle and that same are in safe and satisfactory operating condition at the time this contract is signed.
19. Compliance with Laws: Lessee acknowledges that Lessor has no control over the use of the rental property by the Lessee, and Lessee agrees at his sole expense for comply with all municipal, county, state and federal laws, ordinances and regulations, including the occupational Safety and Health Administration Act of 1970 (OSHA), as amended, which may which may affect the rental property, while it is in the possession of and use by the Lessee. Lessee shall not permit any person who is not legally qualified, and property trained to use the rental property without prior written approval from Lessor.
20. Lessee agrees that he shall report to the Lessor, in writing, any and all accidents involving Lessor’s rental property not later than the Contract Termination Date shown on the face of the contract.
21. Permitted area of se of Equipment: Lessee shall not remove the rental property from the county in which it is rented unless written permission is given by Lessor.
22. Lessee’s liability for misuse of rental property. Lessee shall not abuse harm or misuse the rental property. Lessee shall not permit any repairs to be made or lien to be placed upon the rental property without Lessor’s prior written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Lessee’s use and hiring of said rental property. Lessee agrees to accept all responsibility therefor and shall hold Lessor harmless from any claims of action arising therefrom. Lessee shall furnish Lessor with a complete report of any accident involving said rental property including names and addresses of all persons and witnesses involved. Unless otherwise specified herein, in case of the loss of destruction of any part of the rental property or the loss thereof, or inability to return the same to Lessor on the expiration and due date for any reason whatsoever, Lessee shall pay Lessor the actual replacement cost thereof and in addition thereto damages for Lessor’s loss of use of said rental property.
TERMS & CONDITIONS OF SALES CONTRACT
With respect to sales made on this form.
A. Customer agrees that the seller is not the manufacturer of any items that it sells.
B. Customer agrees all sales are made as is, where is, and customer’s sole avenue of redress shall be through whatever warranty, if any, is still available from the manufacturer of the product.
C. Customer agrees to both hold seller harmless from any and all claims arising from the use of the items purchased.
If lessee has insurance covering such loss or damage, Lessee shall exercise all rights available to him under said insurance, take all action necessary to process said claim and Lessee further agrees to assign said claim and pay any and all proceeds from such insurance to Lessor. Upon request by Lessor, Lessee shall furnish the name of his insurance company and complete information concerning any insurance coverage carried.
The seller makes NO express warranties of MECHANTABILITY OR FITNMESS FOR PARTICULAR PURPOSE and the SELLER does NOT make any implied warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE or any other warranties unless the SELLER has so provided in writing and the writing is signed by and AUTHORIZED REPRESENTATIVE of the SELLER.