RENTAL RATES. Rental rates shall apply for the entire time equipment is away from Lessor's place of business regardless of weather. No allowance will be made for non-operation because of holidays, strikes, weather or any other reason unless immediate notice is given by Lessee and prior approval is received from Lessor.
REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use, Lessee agrees to discontinue use and notify Lessor who will replace the equipment in good working order, if available. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise.
WARRANTIES. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for Lessee's intended use, nor is it free from defects.
INDEMNITY. To the fullest extent permitted by law, the lessee shall indemnify and hold harmless the Lessor and all of its agents, servants and employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys fees, arising out or resulting from the operation, maintenance and use of the equipment rented under this agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including loss of use resulting there from, to the extent caused by in whole or part by the negligent acts or omission of the Lessor, lessee, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss of expense is caused in par by the party indemnified hereunder.
INSURANCE REQUIREMENT. 1.Lessee shall provide and pay for "All Risk" insurance against physical loss or damage to units in an amount equal to the full insurable value of the equipment. Such policies shall name Lessor and its assigns as additional insured's as their interest may appear. 2.Lessee also agrees to provide and pay for, at its own cost and expense, comprehensive general liability insurance, including contractual liability, damage, loss and expenses arising out of or in any way resulting from the operation, maintenance and use of the equipment rented under this agreement, that results in bodily injury, sickness, disease, death or injury or destruction of property, including the loss of use resulting there from. The insurance herein shall be primary insurance for the Lessor and lessee, and shall be in an amount not less that $500,000 combined single limit for bodily injury or property damage. 3.Lessee shall furnish Lessor with certificate of insurance evidencing the coverage's set forth above, which shall provide for thirty (30) days prior written notice by registered mail to Lessor of any cancellation or change reducing coverage. The certificate of insurance shall specifically state that the Lessor is an additional insured under the lessee's policy of insurance as reflected in paragraph 2 above, and that coverage for the Lessor is primary coverage and not excess to or contributory with any other insurance coverage that may be available to the Lessor. The insurance so provided shall be effective during the period from the moment of delivery of each unit under lease to lessee until the moment of return or surrender of possession to Lessor or his authorized representative.
ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. Lessor may assign his rights under this contract without Lessee's consent, but will remain bound by all obligations herein. Lessee may not sublease or loan equipment without Lessor's written permission. Any purported assignment by lessee is void.
MAINTENANCE OF EQUIPMENT. Lessee shall be responsible for daily service of the equipment. This includes, but is no limited to, greasing, check fluid levels, air filter checking and other minor attention that might reasonably be expected. On long-term rentals, the lessee is responsible for calling Lessor after every 100 hours of use (based on tractor's tachometer). Lessor would then be responsible for engine oil changes and similar maintenance.
DIRTY, DAMAGED OR LOST EQUIPMENT. Lessee agrees to pay for any damage to or loss of the goods, as insurer, regardless of cause, except for the reasonable wear and tear, while the goods are out of the possession of the Lessor. Also, if Lessee returns equipment which is excessively dirty or muddy, with chemical damage to paint, or debris or wire tangled in the equipment, Lessee will be charged for restoring the equipment to look and function prior to the rental.
COLLECTION COSTS. Lessee agrees to pay all costs and expenses of collection, suit or legal action, including reasonable attorney's fees, and shall pay cost, expenses and attorney's fees incurred on appeal or in any administrative proceedings.
REPOSSESSION. Upon failure to pay rent or other breach of this contract, Lessor may terminate this contract, take possession of, and remove the goods from wherever they are located, and Lessor and its agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. Lessee further agrees to reimburse Lessor for all costs and attorney's fees associated with repossession.
FAILURE TO RETURN GOODS DURING BUSINESS HOURS. In the event the goods are not returned during Lessor's regular business hours, Lessee agrees to pay for any damage to or loss of the goods occurring between the time of return and the commencement of Lessor's next business day.
DISCLAIMER OF MANUFACTURER. Lessee agrees that Lessor is neither the manufacturer of the goods nor the agent of the manufacturer.
USE OF GOODS. Lessee agrees that goods shall be used only by persons competent in their operation, and further agrees that it is solely responsible for providing competent operators.
TITLE. This agreement is not a contract of sale. Title of the goods is, and shall remain, in Lessor's possession.
OPTION TO PURCHASE. Unless a written agreement to rental/purchase the equipment described herein is completed, no option to purchase exists and all rentals paid will be considered non-applicable to any purchase of this equipment.
TAXES. The rental rates set forth in this contract do not include sales, use, or occupational taxes. If and when such taxes are incurred by law. These amounts shall be added to the rental payments under this contract.
LAWS. The Lessee agrees to comply with and conform to all Municipal, State and Federal laws relating to the operation of said equipment and to pay all costs and expenses of every character occasioned by or involving the use or operation of the equipment.
SEVERABILITY. The provisions of this agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
SUBROGATION. In the event of any loss or damage to the rented equipment, Lessor will be subrogated to Lessee's rights of recovery against any person, firm or corporation. Lessee will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. It will cooperate fully with Lessor or its insurers in the prosecution of those rights and will not take any action to prejudice Lessor's rights.
NOTIFICATION OF DEFECT OF INJURY. Lessee agrees that he will notify Lessor immediately upon the occurrence of an injury or the discovery of a defect in the equipment.
LESSOR WILL IN NO EVENT HAVE LIABILITIES FOR DAMAGE AS A RESULT OF THE SUPPLYING OF EQUIPMENT OR ITS USE OR THE FURNISHING OF ANY SERVICES HEREUNDER.
THIS INSTRUMENT EXPRESSES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. LESSEE'S EXECUTION AND/OR ACCEPTANCE OF DELIVERY OF ANY PART OF EQUIPMENT TO BE FURNISHED HEREUNDER WILL CONSTITUTE LESSEE'S ACCEPTANCE OF THE PROVISIONS CONTAINED HEREIN, AND THE EXCLUSION OF ANY TERM AND CONDITIONS OTHERWISE STATED BY LESSEE OR CONTAINED IN LESSEE'S PURCHASE DOCUMENT WHICH CONFLICT WITH IR LIMIT THE PROVISION CONTAINED HEREIN.