TERMS AND CONDITIONS OF RENTAL
In consideration of the hiring of the Equipment described, without operator, by the undersigned (hereafter 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 “TAKEN OUT” and terminates on the date and time specified as “DUE IN” 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 Dealers 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 due set forth above unless extended in writing by Dealer,
2. CONDITIONS OF HIRING, INSPECTION PRIVILEGE AND WAIVER OF DEFECTS. Renter accepts and hires the Equipment on an “as is” basis. Renter acknowledges receipt of all
of the 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 the hitches, bolts, safety chains, hauling tongues, together with all 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
or injuries attributable to the negligence of the Dealer or his employees. Renter agrees to return the Equipment to Dealers premises upon the expiration and due date hereof in as good
condition as when received by Renter, ordinary wear and tear expected. “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 personal property should it at any time, following the execution of this
agreement or any subsequent agreement become unsafe or in a state of disrepair. Furthermore, the Renter will immediately notify Dealer that the Equipment is unsafe or in disrepair 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.
4. COMPLIANCE WITH LAWS. Renter acknowledges that Dealer has no control over the use of Equipment by Renter, and Renter agrees, at his sole expense, to comply with all
municipal, county, state and – federal laws, ordinances and regulations, including the Occupational Safety and Health Administration Act of 1970 (OHSA) which may affect the Equipment
while it is in the possession of or in use by the Renter. Renter shall not permit any person who is not legally qualified to use Equipment.
5. PERMITTED AREA OF USE OF EQUIPMENT. Without Dealer’s written consent, Renter shall not remove the Equipment from the county in which it is rented.
6. 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 therefor and shall hold Dealer harmless from any claims or action arising therefrom. Renter shall furnish Dealer with a complete 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 of loss or possession thereof, or inability to return the same to Dealer, or the 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
7. DISCLAIMER OF WARRANTIES. DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. Renters sole remedy for any failure of or defect in the Equipment shall be the 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.
8. USE OF DEPOSIT, AND LIABILITY FOR LATE PAYMENT, UPON BREACH OF RENTER. Renter acknowledges the purpose and intent of the deposit as well as credit/debit card
accounts paid by Renter hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance of each of all of the terms, covenants and
agreements to be performed by Renter hereunder. Renter, agrees to pay a late payment penalty at the rate of one and one half (1 1/2%) percent per month on all delinquent accounts.
9. 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 recover possession of said
Equipment or to enforce any of the terms conditions or provision hereof. Renter agrees to pay all costs and reasonable attorney’s fees of Dealer incurred in connection therewith.
10. 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.
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.
12. LOADING AND UNLOADING. Neither the dealer nor its employees shall be responsible for damage done to vehicles or their contents, premises, or property due to loading and
unloading of rented items. Renter shall be responsible for covering and securing items immediately upon taking possession of, and/or for transport.
13. DELIVERY is available at a nominal fee, Should Renter choose to have rental items delivered, it is understood that the term “delivery” refers to the transportation and drop off of the
items rented to a predetermined site at ground level. Should the renter require that the items be moved to a particular location on the site more than 25 feet from the available access point
on the vehicle used for delivery an additional charge may be levied. All rental Items must be returned, stacked or assembled to the point of drop off by the time of pick up to avoid
additional charges. SET UP/BREAKDOWN is not included unless specified. Renter may request set up/breakdown service for an additional fee. If Renter sets up rental items they must
breakdown prior to pick up and have items ready for pick up to avoid additional charges.
14. CLEANING/DAMAGE. China, glassware, flatware, food service items must be returned “food free” with packing in the original container they were received in. Glassware is to be
returned mouth down in the rack supplied. Renter is responsible for all rental items until they are returned to our facility and accounted for. A substantial charge will be made for all missing
and, or damaged items in addition to cleaning fees for any Items returned dirty or containing wax. Rental fees will continue until all items are returned or deemed lost
15. Renter agrees that all charges for rental, damage, cleaning or material will be paid, and that all collection agency fees (equal to the amount of the outstanding balance with
a $25.00 minimum), attorney fees, court costs, or any expense involved in the collection of these charges will be borne by me in the court of the county in which indebtedness
16. DAMAGE WAIVER. By accepting the DAMAGE WAIVER, Renter agrees to pay an additional non-refundable charge as specified on the reverse on specific items, in return therefore,
Dealer agrees to waive certain claims for loss due to damage to the Equipment rented.
If the Renter has accepted the DAMAGE WAIVER by not checking his rejection and initiating the appropriate portion of this Agreement, then Renter shall have no responsibility for physical
damage to the equipment EXCEPT the following for which Renter shall be responsible.
A. Loss or damage done during transportation of equipment.
B. Loss or damage done due to weather, i.e., rain, wind, etc.
C. Loss or damage resulting from overloading or exceeding the rated capacity of equipment.
D. Loss or damage to motors or other electrical appliances or devices caused by artificial electrical current
E. Loss or damage due to theft, mysterious disappearance, or shortage disclosed on inventory.
F. Loss or damage caused by infidelity of Renter, his employees, or shortage disclosed on inventory.
G. Use of the equipment in violation of any of the terms of this agreement, and or the manufacturer’s suggested operating procedure.
H. Renter further agrees that Dealer shall be subrogated for any recovery rights that Renter may have for damage to the equipment rented hereunder, in the form of insurance protection
for such damage. Additionally, damage waiver is no longer in affect after the pre-determined time and date of return of items specified on contract.
If Renter has insurance covering such loss or damage, Renter shall exercise all rights available to him under said insurance, take all action necessary to process said claim, and Renter
further agrees to assign said claim and pay any and all proceeds from such insurance to Dealer. Upon request to Dealer, Renter shall furnish name or his insurance agent, insurance
company and complete information concerning Insurance coverage carried. Dealer’s waiver of claims against Renter as herein set forth is contingent upon Renter’s making of and
submission to Dealer of copy of police report.
TERMS AND CONDITIONS OF RENTAL