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TERMS AND CONDITIONS
<br />For the purpose of this Rental Agreement, "Rental Center" shall mean Rental
<br />all safety equipment required, to operate the equipment or use the equipment. Customer shall not
<br />Center, its owners, officers, directors, shareholders, and employees, and
<br />allow any person to use or operate the equipment when it is in need of repair or when it is in an
<br />"Customer" shall mean Customer, its agents and/or employees.
<br />unsafe condition or situation; modify, misuse, harm or abuse the equipment; permit any repairs to
<br />In consideration of hiring of the equipment (herein "the rental equipment or
<br />the equipment without Rental Center's prior written permission; or, allow a Ilan to be placed upon
<br />equipment") described on the front of this Rental Agreement it is agreed as follows:
<br />the equipment.
<br />1. INDEMNITYRIOLD HARMLESS. CUSTOMER WILL. TAKE ALL NECESSARY
<br />Customer agrees to check filters, ail, fluid levels, air pressure, clean and visually Inspect the
<br />PRECAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT
<br />equipment at least daily and to immediately discontinue use and notify Rental Center when
<br />ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE. CUSTOMER
<br />equipment Is found to need repair or maintenance Or is not properly functioning. Customer
<br />AGREES TO HOLD HARMLESS RENTAL CENTER FROM AND AGAINST
<br />acknowledges that Rental Center has no responsibility to inspect the equipment while it is in
<br />ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEY'S FEES AND
<br />Customer's possession.
<br />COSTS, OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED,
<br />9. RETURN OF EQUIPMENT, Customer agrees to return to Rental Center the equipment
<br />TO INJURIES OR DEATH TO PERSONS AND DAMAGE TO PROPERTY,
<br />in as good condition as when received, ordinary wear and tear excepted by Rental Agreement
<br />ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION,
<br />Agreed Return Date. Customer shall be liable for all damages to or lose of the equipment and
<br />POSSESSION, OWNERSHIP OR RENTAL OF THE EQUIPMENT RENTED,
<br />liability incurred prior to equipment's return to Rental Comer, Customer shall be responsible for all
<br />HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATION ARISING THROUGH
<br />coats incurred by Rental Center recovering and returning damaged equipment to Rental Center's
<br />THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF RENTAL CENTER.
<br />premises. It equipment is to be "picked -up" by Rental Center, Customer agrees to provide a
<br />a. ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY,
<br />secure storage location and Customer accepts all risk Including damage to and liability relative to
<br />CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK Op
<br />equipment for a reasonable period of time until the equipment is picked -up by Rental Center,
<br />INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE
<br />10. DISCLAIMER OF WARRANTIES. nonfat Center makes no warranty of merchantability
<br />EQUIPMENT DENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY
<br />or fitness for any particular use or purpose, either express or Implied. There is no warranty or
<br />ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE
<br />representation that the equipment Is fa for Customer's particular intended use, or that it is free
<br />RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE AND
<br />of latent defects. Rental Center shall not be responsible to customer or any third parry for any
<br />DISCHARGE RENTAL CENTER FROM ANY AND ALL RESPONSIBILITY OR
<br />loss, damage or Injury resulting from, or many way attributable to the operation of, use of, or any
<br />LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR
<br />failure of the equipment. Rental Center shall not be responsible for aqy defect Or failure unknown
<br />OPERATION OF THE EQUIPMENT; AND CUSTOMER FURTHER AGREES TO
<br />to the Rental Center. Customers sole remedy for any failure of or defect in the equipment shall
<br />WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR
<br />be termination of the rental charges at the time of failure provided that Customer notifies Rental
<br />DAMAGE AGAINST RENTAL CENTER WHICH CUSTOMER OTHERWISE MAY
<br />Center Immediately of such failure and retains the equipment to Rental Center within twenty-four
<br />BE ENTITLED TO ASSERT.
<br />(24) hours of such failure.
<br />3. OPERATORS. No operators are furnished, directly or Indirectly with our
<br />If. PURCHASE ORDERS. The use of Customer's purchase order number on this Rental
<br />equipment.
<br />Agreement is for Customer's convenience and Identification only.
<br />4. RECEIPTANSPECTION OF EQUIPMENT. Customer hires the equipment on
<br />12, SUBLETTINGILOCATION OF EQUIPMENT. Customer agrees not to sublet, loan or assign
<br />an "as is" basis. Customer acknowledges that he has, or will, personally Inspect
<br />the equipment. Customer shall not move the equipment from the address at which Customer
<br />the equipment prior to its use and finds it suitable for Customer's needs. Customer
<br />represented it was to be used.
<br />acknowledges receipt of all items listed in this Rental Agreement and that the
<br />13. DEFAULT. Should Customer In any way fall to observe or comply with any provision of this
<br />equipment is in good working order and repair and that Customer understands
<br />Rental Agreement, Rental Center may, at ne sole option, terminate this Rental Agreement, retake
<br />(without further instructions) Its proper Opm often and use,
<br />the equipment, declare any changes due and payable and initiate legal process to recover monies
<br />E. POSSESSION/TITLE. Customers right to possession of the equipment begins
<br />owed, and/or, pursue any other legal rights and remedies available to Rental Center. Exercise of
<br />upon equipment leaving Rental Center and terminates on the Agreed Return Data
<br />any remedy available to Rental Center shall not constitute an election of remedies or a waiver of
<br />indicated on the front of this Rental Agreement. Retention of possession after this
<br />any additional remedies to which Rental Center may be entitled.
<br />date constitutes a material breach of this Rental Agreement,
<br />14. RETAKING OF EQUIPMENT. If for any reason it becomes necessary for Rental Center to
<br />Time is of the essence of this Rental Agreement. Any extension of this Rental
<br />retake the equipment, Customer authorizes rental center to retake the equipment without further
<br />Agreement must be agreed upon in writing. Title to the equipment Is and shall
<br />notice or further legal process and agrees that Rental Center shall not be liable for any claims for
<br />remain in Rental Center. If the equipment are no returned and/or levied upon
<br />damage or trespass arising out of the removal of the equipment.
<br />for any reason whatsoever, Rental Center may retake said equipment without
<br />16. LEGAL FEES. in the event an attorney is retained to enforce any provision of this Rental
<br />further notice or legal process and use whatever force Is reasonably necessary
<br />Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney's
<br />to do so. Customer hereby agrees to Indemnify, defend and hold Rental Center
<br />fees and court costs in such action, or proceeding, in an amount to be determined by the court.
<br />harmless from any and all claims and costs arising from such retaking and/Or levy. 0
<br />19. EQUIPMENT PROTECTION PLAN. Eduipansm Protection Plan is Nougat mnce, By
<br />equipment are levied upon, Customer shall notify Rental Center Immediately.
<br />customer accepting the Equipment Protection Plan on the from of this Rental Agreement and
<br />e. RENTAL PERIOD/RATE/PAYMENT. Rental Period is for a maximum of
<br />with Immediate notification in the event of any accident and the prompt submission of applicable
<br />twenty four (24) hours unless a longer term is specified In the Rental Agreement
<br />police reports, Rental Center and Customer agree that Rental Center will waive any claim against
<br />Agreed Return Date on the from of this Rental Agreement. Rental rates are based
<br />Customer for direct physical damage to the equipment while in use by the Customer, if Customer
<br />upon single shift usage (eight hours per day, five days per week). If customer
<br />has insurance covering such losr •or damage, the Equipment Protection Plan becomes secondary
<br />makes greater use of the equipment, it Is agreed that the additional usage will be
<br />and Customer shall exercise all rights available to him under said insurance and take all action
<br />charged. Rental charges begin immediately upon equipment leaving Rental Center.
<br />necessary to process said claim. Customer further agrees to assign said claim and any and
<br />Rental charges end upon return of the equipment to Rental Center in an acceptable
<br />all proceeds from such Insurance to Rental Center. Upon request of Rental Center, Customer
<br />condition. No allowance will be made for Saturdays, Sundays, Holidays, or time in
<br />shall fully cooperate with Rental Center and furnish the name of his insurance agent, insurance
<br />transit, nor for any period of lime the equipment may act be In actual use while in
<br />company, and complete Information concerning insurance coverage carded. Notwtthstanding the
<br />Customer's possession. If the equipment Is returned prior to the end of the minimum
<br />foregoing the hiltowing ccciaclitiong_arg notcayflifirgd under the Equipment Protection Plan:
<br />rental period, the rental due shall be for the entire minimum rental perm. Rental
<br />Center may terminate rental at anytime and retake the equipment without further
<br />A. Any item of equipment or part thereof which is not returned for whatever reason, including
<br />notice in case of violation by Customer of any terms or conditions of this Rental
<br />theft;
<br />Agreement. Customer agrees to pay any collection costs and attorney fees Incurred
<br />B. Damage resulting from improper use, failure to secure during transportation, overloading or
<br />in collection of this account or any dispute arising out of this Rental Agreement.
<br />exceeding the rated capacity of the equipment;
<br />Customer agrees to pay a monthly service charge on all unpaid balances. Customer
<br />C. Damage to motors or other electrical appliances or devices caused by erti9cial current;
<br />agrees to pay Rental Center a fee for environmental compliance.
<br />7. ORDINARY WEAR AND TEAR. Customer shall be responsible for all damage
<br />D. Damage to tires, tubes and wheels caused by blowout, bruises, cuts and other causes
<br />not caused from ordinary wear and tear. "Ordinary wear and tear" shall mean
<br />inherent in the use of the equipment;
<br />only the normal deterioration of the equipment caused by ordinary, reasonable
<br />E Damage as a result of vandalism or malicious mischief or intentional abuse;
<br />and proper use of the equipment. Damage which is not 'Ordinary wear and tear"
<br />F. Damage resulting from misuse, abuse, failure to maintain, cleanliness, proper oil, fuel,
<br />Includes, but is not limited to: damage due to overluming, overloading or exceeding
<br />hydraulic, coolant or pressure levels, lack of lubrication or other normal servicing of
<br />rated capacities; breakage; Improper use; abuse; lack of cleaning; dirtying of
<br />equipment
<br />equipment by paint, mud, plaster, concrete, rosin or any other material.
<br />G. All damage resulting from overturning;
<br />0. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Customer agrees not to
<br />use or allow anyone to use the equipment for any illegal purpose or in any illegal
<br />H. All damage resulting from use of the equipment in violation of any provision of this Rental
<br />manner or in an unsafe manner. Customer agrees at his sole cost and expense
<br />Agreement. violation of any law, ordinance or regulation.
<br />to comply with all municipal, county, state and federal laws, ordinances and
<br />17. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Rental Center to insist upon
<br />regulations which may apply to the use of the equipment during the rental period,
<br />strict performance by Customer as regards any provision of this Rental Agreement shall not
<br />Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising
<br />be Interpreted as a waiver of Rental Center's right to demand strict compliance with all other
<br />from his use of the equipment, including any subsequently determined to be di
<br />provisions of this Rental Agreement against Customer or any other person. The provisions of
<br />Customer shall not allow any person who is not qualified and who has not
<br />this Rental Agreement shall be severable so that the unenforceabllity, invalidity or waiver of any
<br />received and understands safety and operating instructions and who does not utilize
<br />provision shall not effect any other provision.
<br />POS 11.N # 1723981
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