Terms and Conditions* I have read and agree to the Terms and Conditions.
In consideration of the hiring of the Equipment described without operator, by the undersigned (hereinafter referred to as the "Renter") from the company named on the reverse side (hereinafter referred to as the "Dealer") upon the terms and conditions, and for the price herein specified, it is agreed as follows. 1. RENTAL AND TERM begins on the date and time specified as "DATE/TIME OUT" and terminates on the date and time as "DUE" unless amended in writing on the reverse of this contract. Rental charges commence on delivery of Equipment to Renter and end upon return of Equipment to Dealer's premises. Dealer may terminate rental at any time and take possession of the Equipment. Renter agrees to pay on return of Equipment to Dealer's premises, all charges and costs for the use thereof, Renter's right to use the Equipment terminates on the expiration and d u e dates set forth above unless extended in writing by the Dealer. In no circumstances, and notwithstanding any other provision of this contract or any agreement collateral hereto, shall (i) any single rental period for the Equipment be made for an open or indefinite term, or (ii) the rental of the Equipment (including the initial rental period and any extensions or renewals therof) exceed eleven (11) months in duration. 2. CONDITIONS OF HIRING, INSPECTION PRIVILEGE AND WAIVER DEFECTS. Renter accepts and hires the Equipment on an "as is" basis. Renter acknowledges receipt of all Equipment in good working condition and repair and declares that renter fully understands its proper operation and use. Renter acknowledges and declares that Renter has examined the Equipment and all hitches, bolts, safety chains, hauling tongues, together with all the devices and material used to connect the Equipment to Renter's towing motor vehicle, if any, and Renter declares that he has received all of such equipment in a secure and operative condition. Renter is responsible for loading and unloading the goods, if the Dealer's employees assist in loading or unloading the goods, the Renter agrees to assume the risk of, and hold the Dealer harmless for, any property damage or personal injuries, including damage and injuries attributable to the negligence of the Dealer or his employees. Renter agrees to return equipment to Dealer's premises upon the expiration and due date hereof in as good condition as when received by Renter, ordinary wear and tear excepted. "Ordinary wear and tear" shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift (eight hours per day, five days per week) basis. Renter agrees to pay immediately all charges and costs incurred. 3. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. Renter will immediately discontinue use of the equipment should it at anytime, following the execution of this agreement becomes unsafe or in a state of disrepair. Furthermore, the Renter will immediately notify the Dealer that the equipment is unsafe or in disrepair and until such time as Dealer has regained possession; the Renter agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the Rental Equipment or Product. 4. COMPLIANCE WITH THE LAWS. Renter acknowledges that Dealer has no control over use of the Equipment by Renter, and Renter agrees at his sole expense to comply with all municipal, county, provincial and federal laws, ordinances and regulations, including the Occupational safety and health Administration Act of 1970 (OAHA) which may affect the Equipment while it is in the possession of and in use by the Renter. Renter shall not permit any person who is not legally qualified to use the Equipment. 5. RENTER'S LIABILITY FOR MISUSE OF EQUIPMENT. Renter shall not abuse, harm or misuse the Equipment. Renter shall not permit any repairs to be made or lien to be placed upon the Equipment without Dealer's written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Renter's use and hiring of said Equipment, Renter agrees to accept all responsibility therefore and shall hold the Dealer harmless from any claims or action arising therefrom. Renter shall furnish the Dealer with a compete report of any accident involving said Equipment, including names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of the loss or destruction of any part of the Equipment, or loss of possession thereof, or inability to return the same to Dealer, on expiration and due date, for any reason whatsoever, Renter shall pay Dealer the actual replacement cost thereof, and in addition thereto Dealer's loss of use of said Equipment 6. DISCLAIMER OF WARRANTIES. Dealer makes NO warranties, expressed or implied, as to the Equipments merchantability or fitness for any particular purpose. Renter's sole remedy for any failure or defect in the Equipment shall be termination of the rental charges at the time of failure, provided the Equipment is returned to Dealer within 24 hours after such failure. Dealer shall not be responsible for any loss, damage or injury to Renter or Renter's property, Including incidental, special or consequential damages, in any way connected with the operation, use, defect in or failure of the Equipment. 7. USE OF DEPOSIT, AND LIABILITY FOR LATE PAYMENT, UPON BREACH BY RENTER. Renter acknowledges that the purpose and intent of the deposit paid by the Renter hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance of each of all the terms, covenants and agreement to be performed by Renter hereunder, Renter agrees to pay a late payment penalty at the rate of two percent (2%) per month (26.83% per annum) on all delinquent accounts. All costs incurred to collect overdue. accounts will be added to outstanding invoices and deemed collectable. 8. INDEMNIFICATION OF DEALER BY RENTER. Renter expressly indemnifies and holds Dealer harmless of, from and against any and all claims, loss, costs, damages, attorney's fees and/or liability in connection with the hiring and use of the Equipment regardless of whether a lawsuit is filed. In the event a suit is instituted by Dealer to receive possession of said Equipment, or to enforce any of the terms, conditions or provisions hereof. Renter agrees to pay all costs and reasonable attorney's fees of Dealer incurred in connections therewith. 9. THEFT WARNING. Failure to return Equipment on the expiration and due date in certain circumstances will be considered a theft resulting in a criminal prosecution. 10. TAXES. Renter agrees to pay any and all taxes, license fees, or permit fees arising out of the hiring and use of the Equipment. Renter agrees to pay said taxes appear as part of the fact of this contract or whether said taxes are later claimed by the government authority. In the event of a claim by any government authority for taxes arising out of this transaction, Renter agrees to pay to Dealer said taxes upon demand. 11. TITLE. Title to the equipment is and shall remain in Dealer. If the Equipment is levied upon for any reason whatsoever, Dealer may retake the Equipment without notice or legal process, and may take all action reasonably necessary to do so. 12. CONSTRUCTION. The wordings used herein are for convenience only, and are not to be used if construing the meaning or intent of any of the terms or provisions of the Rental Contract. 13. RENTER/PURCHASER authorizes consent of personal information provided for us to use, monitor and disclose for the purpose of advertising, marketing, monitoring credit worthiness and or collecting for our use or a third party's use. 14. RENTAL PROTECTION. Unless previously accepted or rejected by a separate written agreement, by accepting the RENTAL PROTECTION, Renter agrees to pay additional charge specified on the reverse on specific items as may be posted in Dealer's office. In return thereof, Dealer agrees to waive certain claims for loss or damage to the Equipment rented as specified below. 15. ASSIGNMENT AND SUB-RENTING a. Renter shall not assign or sublet or attempt to assign or sublet this contract or any of its rights under this contract or in or to all or any part of the Equipment without the prior written consent of the Dealer. b. Renter understands and agrees that Dealer may in the ordinary course of its business obtain financing and grant security over or assign its interest in this contract and/or the Equipment to a finance company or other assignee. Notwithstanding any other agreement between Dealer and Renter, the Renterâs rights to the Equipment shall at all times be subject and subordinate to the rights of the Assignee as the holder or beneficiary of a first fixed security interest in the Equipment. c. If Dealer defaults to an Assignee and the Assignee exercises any right it has following such default to step into Dealerâs position under this contract in place of Dealer, (i) the Assignee shall have the benefit of all indemnities and covenants in this Agreement expressed to be made by the Renter for the benefit of Dealer, (ii) any rights the Renter otherwise has to extend the rental of the Equipment shall terminate with immediate effect, and (ili) the Assignee shall not have any obligations, duties or liabilities with respect to the Equipment. RENTAL PROTECTION If the Renter has accepted the RENTAL PROTECTION by not checking his rejection and initialing the appropriate portion of this agreement, the Renter shall have no responsibility for physical damage to the Equipment except the following for which Renter shall be responsible: A. The first $250.00 of loss or damage from any cause other than those losses or damages set forth in paragraphs B,C,D,E,F,G,H and I below for which Renter shall be fully responsible and liable, with respect to each individual item of equipment. B. The first $250.00 of loss or damage from any cause other than those losses or damages set forth in paragraphs A,C,D,E,F,G,H and | below for which Renter shall be fully responsible and liable, with respect to motor trucks, excluding fork lifts. C. Loss or damage resulting from overloading or exceeding the rated capacity of Equipment. D. Loss or damage to motors, to other electrical appliances or devices caused by artificial electrical current. E. Damage to tires and tubes caused by blowout, bruises, cuts, road hazards, or other causes inherent in the use of equipment. F. Loss or damage resulting from lack of lubrication or other normal services of Equipment. G. Loss or damage due to theft, mysterious disappearance, or shortage disclosed on inventory. H. Loss or damage caused by infidelity of Renter, his employees, or persons to whom the Equipment is entrusted. TERMS AND CONDITIONS OF SALE (Applies only to items sold, not rented) In consideration of the purchase of the Equipment described, by the undersigned (hereinafter referred to as the "Buyer") from the company named on the reverse side (hereinafter referred to as the "dealer"), upon the terms and conditions, and for the price herein specified, it is agreed as follows: USED PRODUCTS The buyer hereby acknowledges that the product(s) described on the reverse side hereof which is the subject of this sale is a "used product" and is being sold on an "as is" and "with al faults" basis. The Dealer, as the seller, makes NO expressed warranties of merchantability or fitness for a particular purpose and the Dealer does NOT make any implied warranties of merchantability or fitness for a particular purpose or any other varranties unless the Dealer has so provided in writing and the writing is signed by an AUTHORIZED representative of the dealer. I, THE BUYER, HEREBY ACKNOWLEDGE THAT I HAVE READ ALL OF THE ABOVE TERMS AND CONDITIONS OF SALES AND THAT I UNDERSTAND THAT THIS IS AN "AS IS" SALE OF USED GOODS. NEW PRODUCTS Buyer acknowledges that the ONLY warranties provided with this products) are those provided by the manufacturer and that the Dealer makes.