1.INSPECTION. Renter acknowledges that he has had an opportunity to personally inspect the equipment, and finds it suitable for his needs and in good condition, and that he understands its proper use. Renter further acknowledges his duty to inspect the equipment prior to use and notify Dealer of any defects.
2.REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use, Renter agrees to discontinue use and notify Dealer who will replace the equipment with similar equipment in good working order, if available. Dealer is not responsible for and 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 Renter’s intended use, or that is it free from defects.
4.RELEASE AND INDEMNITY. Renter assumes all risks inherent in the operation and use of the rental equipment by renter and anyone else. Renter assumes the entire responsibility for the defense of and agrees to pay, indemnify, and hold Dealer, its shareholders, directors, officers and successors (collectively, ‘Dealer’) harmless from, and hereby fully discharges and releases Dealer from any and all claims for damages to property or for bodily injury (including death), or loss of time or inconvenience, or consequential damages (including but not limited to lost revenue or profits) resulting from the use, operation or possession of the rented equipment, whether or not it be claimed or found that such damage or injury resulted in whole or in part from the negligence of Dealer from the defective condition of the rented equipment, or from any other cause.
5.PROHIBITED USES. Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract.
a.Use for illegal purpose or in illegal manner.
b.Use when the equipment is in bad repair or is unsafe.
c.Improper, unintended use or misuse.
d.Use by anyone other than Renter or his employees, without Dealer’s written permission.
e.Use at any location other than the address furnished Dealer without Dealer’s written permission. (Does not apply to mobile equipment.)
6.ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. Dealer may assign his rights under this contract without Renter’s consent, but will remain bound by all obligations herein. Renter may not sublease or loan the equipment without Dealer’s written permission. Any purported assignment by Renter is void.
7.TIME OF RETURN. Renter’s right to possession terminates on the expiration of the rental period (‘Due in’ date & time) 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. If you do not return the equipment prior to the expiration of the rental period, and during OUR regular business hours, the rental rate shall continue until the equipment is returned or (in the case of repair of damaged equipment or theft) a settlement has been reached.
8.LATE RETURN. Renter agrees to return the rented goods during Dealer’s regular store hours, upon expiration of the rental period (‘Due in’ date &time). Renter agrees that if the rented goods are held beyond the expiration of the rental period (‘Due in’ date & time)_ as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.
9.DAMAGED, DIRTY, OR LOST EQUIPMENT. Renter agrees to pay for any damage to or loss of the gods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Dealer. Renter also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price. The cost of repairs will be borne by the Renter, whether performed by the Dealer, or, at Dealer’s option, by other.
10.PAYMENT. Renter shall pay all charges payable under this rental contract in advance provided, however, that the foregoing shall not limit amount payable by Renter hereunder and all additional amounts hereunder shall be paid immediately as such costs or charges are incurred. Commercial accounts approved by Dealer may pay charges on an open account basis within terms specified by Dealer. Renter shall pay all reasonable costs of collection, court, attorney’s fees, and other expenses paid or incurred by Dealer in the collection of any charges due under this rental contract, or in retaking the rental equipment of in other enforcements of the terms of this rental contract. Renter shall pay in addition to any other amounts payable hereunder a service charge on all past due accounts.
11.COLLECTION COSTS. Renter agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of Dealers rights under this contract.
12.REPOSSESSION. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.
13.DAMAGE WAIVER CHARGE. (DWC) DAMAGE WAIVER. Damage Waiver is Not Insurance. You are responsible fro any loss of or damage to the Rented Equipment and Items (‘equipment’) and for their return in the same condition in which they were received, except for ordinary wear and tear. If You accept the Damage Waiver, however, We agree to waive Our right to recover from You the amount of loss or damage to the Equipment while in your possession, except that You will be responsible for the first $500.00 of the cost of repair or replacement of damaged Equipment. You agree to immediately notify Us of any accident and promptly submit any applicable police reports. If You have insurance, the Damage Waiver becomes secondary, and You agree to exercise all rights available to You under Your coverage to us. Notwithstanding the foregoing, Your liability for loss of, or damage to, the Equipment will not be waived in the following circumstances:
Any item or part thereof which is not returned, irrespective of the reason, including theft.
a.Reckless, careless or abusive operation or use of the Equipment.
b.Use or operation of the Equipment exceeding its rated capacity.
c.Damage to motors, generators, drills or other tools, electrical appliances or devices caused by use of non-utility generated power, whether or not supplied by Us.
d.Damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the Equipment.
e.Damage resulting from failure to perform or pay for all normal periodic and other basic service maintenance, adjustments and lubrication of the Equipment.
f.Loss or damage caused by dishonesty or Your employees, or wrongful conversion by any person whom You allow to possess the Equipment.
g.Operation or use of the Equipment in a manner inconsistent with the instructions of the Equipment manufacturer.
h.Damage resulting from vandalism, malicious mischief, or intentional abuse.
i.Damage to any and all accessories, such as air hoses, electric cords, blades, welding cable, liquid fuel tanks and other similar items and accessories.
j.Damage resulting from overturning or striking overhead objects.
k.Damage resulting from use of the Equipment in violation of any terms of this Rental Contract.
14.SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provision.
15.LOADING AND UNLOADING EQUIPMENT. Renter is responsible for loading and unloading equipment. If Dealer’s employees assist in loading or unloading the equipment, Customer agrees to assume the risk of, and hold Dealer and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Dealer and/or its employees.