1. Rental Charges. Customer agrees to pay the rental charges specified for each item of Equipment rented hereunder for each time period, or fraction thereof, that the Equipment is charged to the possession of the Customer, plus any wear or similar charges. The term· Customer whenever it is used on this Rental Contract refers to, collectively, the individual who signed the Rental Contract and his/her employees and/or agents. If the individual signed in a corporate capacity, the term Customer includes the corporate entity and its employees and/or agents.
2. Payment. Customer agrees to pay all rental charges in advance or immediately upon returning the Equipment, as required by Rental Dealer. Customer further agrees that Customer’s deposit may be credited against any rental or other charges incurred by Customer hereunder.
3. Final Audit. All rental charges are subject to final audit. Resulting credits or additional charges, if any, will be remitted to, or paid by, the Customer according to the terms of the Rental Contract.
4. Rental Period/Rate Basis. Rental charges shall begin to apply when the Equipment leaves the Rental Dealer’s premises and stops when it is returned to such premises. No allowance is made for time in transit or for any period of time said Equipment is not in use while in the Customer’s possession. Rental charges for Equipment with hour meters or similar use measuring devices are based on one single shift in a twenty-four hour period. If such Equipment is to be used for double shifts (sixteen-hour periods), charges will normally be one and one half times the published rates for a single shift. Where use is to be for a twenty-four hour period, the rate will normally be twice the published rates for a single shift. However, Rental Dealer reserves the right to establish other multiple shift rates and/or determine hourly rates to be charged in excess of the normal 8 hour day, 40 hour week and 160 hour month. Certain Equipment may be subject to wear charges based on the wear occasioned by Customer’s use.
5. Extension of Term. If Customer desires to extend the term of this Rental Contract, Customer shall immediately notify Rental Dealer of the same and shall retain the Equipment for such extended period only with the Rental Dealer’s approval of the extension.
6. Return of Equipment. Upon termination of this Rental Contract or upon Rental Dealer’s written demand, the Customer shall immediately return the Equipment and all attachments and parts to the Rental Dealer in the same condition as received, normal and reasonable wear and depreciation excepted.
7. Inspection. Customer agrees that Customer has been given an opportunity to carefully inspect and test the Equipment prior to removing it from the Rental Dealer’s premises. Upon Customer’s removing the Equipment from the premises of the Rental Dealer, it shall be conclusively presumed that Customer has, in fact, examined the Equipment and has found it to be in good working order and accepts said Equipment in an “as is” condition.
8. Proper Use and Location. Unless otherwise stated in this Rental Contract or agreed to by Rental Dealer, Equipment shall be used by the Customer only at the address set forth in this Rental Contract. Customer shall use the Equipment solely for the purpose for which said Equipment was manufactured and intended.
9. Unsafe Equipment. Customer shall immediately discontinue the use of any Equipment which, while in the Customer’s possession or under Customer’s control, becomes unsafe or is observed to be in state of disrepair. Customer shall immediately notify Rental Dealer of said facts and the Rental Dealer will, with reasonable dispatch, replace such Equipment with other Equipment in working condition or terminate the rental. Customer is not authorized to effect any repairs on Equipment, shall enjoy no offset or claim against Rental Dealer for unauthorized repairs performed, and shall be totally responsible for any and all damage or claims resulting from unauthorized work.
10. Age of Operator. The operation of any rented Equipment by any operator under 18 years of age is strictly prohibited.
11. Damaged, Lost, Stolen or Dirty Equipment. Customer assumes the entire risk of loss or damage with respect to the Equipment, regardless of cause. Except as provided in Paragraph 4 regarding wear charges, normal and reasonable wear and depreciation are excepted. Customer agrees that if any of said Equipment is lost, stolen or accidentally destroyed, Customer will immediately notify Rental Dealer of same and will furnish Rental Dealer with proper affidavits, satisfactory to Rental Dealer, covering the facts of the loss, theft or accidental destruction. Customer agrees that Customer shall be responsible for and pay the rental rate provided for herein for any such lost, stolen or accidentally destroyed Equipment, from the date of occurrence of said loss, theft or accidental destruction until Rental Dealer is notified of same. In the event of loss or destruction of Equipment, or loss of possession thereof, or inability to return Equipment to Rental Dealer, Customer agrees to pay Rental Dealer the complete and full current replacement value of said equipment, as determined solely by the Rental Dealer. All costs of repairs to damaged but repairable Equipment will be borne by Customer whether performed by Rental Dealer or, at Rental Dealer’s option, by another party. Customer shall pay a reasonable cleaning charge for Equipment that is returned dirty.
12. Damage Waiver. Customer may purchase a Damage Waiver with respect to the Equipment by paying an additional charge based on a percentage of the total rental charges. Notwithstanding any provisions in Paragraph 11 of this Rental Contract to the contrary, if Customer purchases a Damage Waiver, then Customer will not be held responsible for damage to, or destruction of the Equipment, except in the case of: (a) damage or destruction of the Equipment due to Customer’s neglect or misuse; (b) toss or theft of the Equipment due to Customer’s willful neglect or abuse; (c) mysterious or unexplained disappearance of the Equipment; or (d) theft of the Equipment by persons entrusted by Customer with the Equipment. Customer.agrees to furnish a copy of the police report regarding the circumstances of any loss or theft of the Equipment covered by this Rental Contract and subject to the Damage Waiver.
13. Customer to Indemnify. Customer agrees to indemnify and defend Rental Dealer against any and all costs, expenses, claims or judgments, including reasonable attorneys’ fees, investigation costs. defense expenses and court costs, for or on account of any personal injuries, or property or consequential damage, sustained by Customer, Customer’s agents and/or employees, or others affected by Customer’s actions or failure to act, which are in any manner connected with or related to the use, misuse, or failure on any Equipment.
14. Warranties; Representations. Except as specifically provided herein. Rental Dealer warrants only that the Equipment, when delivered to Customer, will be in good operating condition. If any Equipment shall require repair or recalibration, Customer shall notify Rental Dealer immediately and obtain Rental Dealer’s consent before any remedial action is taken or any Equipment returned. The sole obligation of Rental Dealer under the foregoing warranty shall be to repair, recalibrate, or, at its option, replace any Equipment that shall fail to meet said warranty, and if Customer has promptly notified Rental Dealer as provided above, to suspend rental charges for the period during which the Equipment is not operable as intended, and such obligation shall constitute the sole and exclusive remedy of the Customer.
IN NO EVENT SHALL RENTAL DEALER BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, SUCH AS LOST PROFITS, LOSS OF REVENUE, LOSS OF USE OF OR DAMAGE TO OTHER EQUIPMENT, COST OF SUBSTITUTE EQUIPMENT, OR DOWN TIME COST.
Rental Dealer shall not be responsible for any delays or failure in making repairs, recalibration or replacement clue to the unavailability of parts, labor strikes, delays in transportation or other causes beyond Rental Dealer’s reasonable control. The foregoing warranty shall not apply to any damage to Equipment occurring after Customer takes possession of the Equipment Rental Dealer is not the manufacturer of any Equipment.
RENTAL DEALER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF SUITABILITY, DESIGN, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE EQUIPMENT.
Customer acknowledges and understands that Rental Dealer is a licensee of certain trademarks and/or service marks owned by United Hardware Distributing Co., that United Hardware Distributing Co. is not the owner or lessor of the Equipment, and that the Rental Dealer is not an agent of United Hardware Distributing Co.
15. Right to Retake Possession of Equipment. If the Customer breaches this Rental Contract, fails to pay any rental or any other charge when due, is or becomes insolvent or bankrupt, or fails to perform any promise, agreement, covenant or condition on Customer’s part, Rental Dealer or its agent shall be permitted, and Customer hereby authorizes them, to go to Customer’s property and retake the Equipment without giving Customer notice and without legal process. Customer hereby grants to Rental Dealer and Rental Dealer’s agents, permission to come onto any property wherein said Equipment is located for the purpose of retaking it, except that the Rental Dealer shall not enter on the Customer’s premises unlawfully or commit any breach of the peace in repossession of the goods. Rental Dealer shall be entitled to recover Rental Dealer’s costs for any such repossession as provided in this Rental Contract.
16. Collection and Repossession Costs. Customer agrees to pay, upon demand, all reasonable costs and expenses incurred by Rental Dealer in collecting any amount owed by Customer, or in recovering any Equipment owned by Rental Dealer, including reasonable attorney’s fees.
17. Severabilty. If any clause, provision or paragraph of this Rental Contract is found to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of the remainder of this Rental Contract. This Rental Contract shall be governed by the laws of the state in which the Rental Dealer’s premises is located. This Rental Contract shall inure to the benefit of the parties, their successors and assigns.
18. No Waiver of Rights. Rental Dealer’s failure at any time to require strict performance by Customer of any of the provisions or this Rental Contract shall not waive or diminish Rental Dealer’s rights thereafter or with respect to any other provisions of this Rental Contract. Waiver of any default shall not waive any other default. Rental Dealer’s rights hereunder are cumulative and are not alternative.
19. Special Provisions Regarding Trailers. Customer accepts full responsibility for any _ personal property (including, but not limited to, Equipment) transported on a rental trailer, and agrees to hold Rental Dealer harmless from any claim for loss or damage to such property. Customer further acknowledges that Customer has examined the coupling mechanism and safety chain; that the trailer is securely attached to Customer’s automobile on leaving Rental Dealer’s place of business; that Customer will periodically inspect said trailer and the coupling mechanism and chain; and will maintain them in a safe and secure condition while in use. Customer further agrees that Customer will not sublet said trailer or assign this Rental Contract and will not use or permit use of the trailer with any other automobile.
20. Occupational Safety and Health Act. Customer agrees not to expose Equipment rented hereunder to toxic materials or harmful physical agents, such as asbestos or silica dust, and to return Equipment clean, free of dirt, dust, debris, and otherwise in good condition. Customer’s failure to comply with these requirements may expose Customer to fees, fines or assessments under the Occupational Safety and Health Act. Customer agrees to indemnify Rental Dealer for any failure(s) by Customer to comply with these requirements, including the failure to thoroughly decontaminate all Equipment that has been exposed to hazardous substances prior to its being returned to Rental Dealer’s premises.