Rental Contract Agreement
1. Renter acknowledges receipt of the described personal property. The parties agree that the property was inspected by Lessor and personally examined by Renter at the time of delivery to and acceptance by Renter and that the property was in good and serviceable condition.
2. Title to the rented property is, and at all times shall remain in Lessor. Only the parties hereto and such other persons whose names are endorsed hereon are authorized to use said property, and the Renter will not permit said property to be used by any other person or at any address other than the place designated hereon without the express consent of Lessor.
3. Parties agree that Lessor is not the manufacturer of said property nor the agent of the manufacturer and that no warranty against patent or laten defects in material, workmanship or capacity is given.
4. Renter agrees that in the event any of the property becomes unsafe or in a state of disrepair, Renter will immediately discontinue the use there of and promptly return it to Lessor. Upon receiving such property, if its condition is not the fault of the Renter, Lessor agrees to replace such property with property of like kind and in good working condition.
5. Upon termination of this agreement, Renter will promptly return the rented property and all attachments and parts belonging thereto, to the Lessor at Lessor's place of business, the same condition in which such property was received, ordinary wear and tear excepted, and agrees to pay for any damage to or loss of such property while in the possession or control of Renter's hereunder. In the event that Lessor must resort to litigation to recover for damages caused to or loss of such property, Renter also agrees to pay Lessor's reasonable attorney fees and Court cost.
6. Lessor shall not be liable in any event to Renter for any loss, delay, or damage of any kind or character resulting from defects in or inefficiency of the leased property or accidental breakage thereof.
7. Renter agrees to indemnify and save harmless the Lessor against all loss, damage, expense and penalty arising from any action on account of any injury to person or property of any character occasioned by the operation, handling or transportation of the leased property during the rental period or while the property is in the possession or control of Renter.
8. Renter will give Lessor immediate notice of any levy attempted upon said property, or if said property from any cause becomes liable to seizure, and to indemnify Lessor against all loss and damages caused by an such action, including Lessor's reasonable attorney’s fees and expenses.
9. Renter will not retain the leased property beyond the "Due in" time without prior notice to and the consent of Lessor thereto. Renter will pay rental price in advance or immediately upon the return of property. Renter agrees to pay all collection charges, including a reasonable attorney's fee, if the rental is not paid when due.
10. Lessor, at Lessor's sole discretion may report property stolen if held (5) days beyond "Due in" date. Lessor at Lessor's sole discretion, may revert all charges to the daily rate if any monthly statement or invoice is not promptly paid. Lessor will not refund on any item out over (30) minutes. Lessor will extend credit for like amount on any item providing Renter uses this credit within a period of (15) days from the out date of contract.
11. Renter hereby waives and releases Lessor from all claims for injuries or damages to Renter arising out of the use of said property by Renter.
12. By Renter initialing acceptance of the Damage Waiver on the front of this agreement and with immediate notification in the event of any accident and the prompt submission of applicable police reports, rental center and Renter agree that rental center will waive any claim against Renter for direct physical damage to the equipment for any external cause, except as follows:
a )Any item of equipment or part thereof which is not returned for whatever reason, including theft; b) Loss or damage resulting from overloading or exceeding rated capacity of the equipment;
c) Loss or damage to motors or other electrical appliances or devices caused by artificial current; d)Damage to tires, tubes and wheels caused by blowout, bruises, cuts and other and other causes inherent in the use of the equipment;
e) Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the equipment is entrusted;
f) Loss or damage caused by infidelity of Renter, its employees, or persons to whom the equipment is entrusted;
g) Loss or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication or other normal servicing of equipment;
h) Overhead damage and all damage resulting from overturning;
i) All damage or loss resulting from use of the equipment in violation of any provision of this agreement, violation of any law, ordinance or regulation or operation in an improper or negligent manner;
j) Damage from dirtying of equipment by paint, mud, plaster, concrete, rosin or any other material. Renter is responsible for cleaning and repainting, as required. 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 such claim and Renter further agrees to sign said claim and any and all proceeds from such insurance shall be payable to rental center. Renter to provide rental center with complete information concerning insurance coverage carried.