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equipment Rentals

Rental Agreement

Equipment Rentals you can rely on

 

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Equipment Rental

Terms & Conditions

 

1. Master Agreement:  This agreement will govern the Terms and conditions of the rental agreement between the Lessee and the Lessor.

2. The Rental Period: To begin on the day of deliver to the Lessee and end on the day of delivery back to the Lessor.

3. Payment: Rental Payment shall be paid monthly, weekly  or daily in advance  according to the agreement between the Lessee and Lessor .  Over due Payment are subject to interest charges compounded monthly .

4. The Lessor will ensure the equipment is delivered in good condition and running order.  If the Lessee does not inspect the equipment  before deliver, the Lessee deems to have accepted the Equipment in Good condition without nay broken or worn out parts and in clean unmarred condition.

5. Maintenance, Operations & Repairs:  The Lessee shall not remove, alter, disfigure or cover up any numbering lettering or insignia displayed on any of the Equipment, and ensure that no equipment is subject to careless or needless rough usage, and at the Lessee's own expense , maintain and ultimately return the Equipment  and its appurtenances, together with any tools and accessories in good repair and running order.  During the Lease the Lessor shall  at the Lessor own expense  be responsible for fuels, lubricants, maintenance, replacements parts & repairs.

6. Damage to Equipment: The Lessee is responsible for all damage to the equipment up to the replacement cost of the equipment without deduction for appreciation.

7. Liability of the Lessee:  The Lessee shall assure and hold harmless the Lessor  all loss, expenses, penalties damages condemnations and legal costs which the Lessor may endure due to personal injuries (including death) and/or property damages suffered by any person or reason of the Equipment operation, handling , transportation or use while in custody of the Lessor.

8. Title : Title to the Equipment shall at all times remain vested in the Lessor.  the Lessee must immediately notify the lessor of any case where the Equipment is levied  upon or for any reason becomes liable to seizure.

9. Termination or Lease:  Should the Lessee fail to make any payment for more than 30 days after the payment is due, or become bankrupt, insolvent or have a receiver appointed, or fail to maintain and operate or to return the Equipment as provided in the Lease (Rental Agreement) , or violate any other provision, the Lessor may inseminate this Lease (Rental Agreement), retake possession of the Equipment without becoming liable for the trespass, and recover all rental due, full damages costs, for any injury to and all expenses incurred in obtaining the return of the Equipment.

10: Subletting and Location:  None of the Equipment shall be Sublet by the Lessee, and the equipment shall only be used at the location(s) indicated by the Lessee to the Lessor.

11. Subrogation: In the event of any loss or damage, Lessor will have the right of subrogation with respect to any right of the Lessee to recover against any person, firm or corporation.   Lessee will execute and deliver whatever instruments and papers are required and do whatever else is necessary to secure such rights.  Lessee will cooperate fully with Lessor and or its insurer(s) in the prosecution of the rights and will neither take or permit nor suffer any action to prejudice Lessor’s rights with respect thereto.

12. Loss of Damage Waiver : If the Lessee accepts the Loss Damage Waiver (Lessee is deemed to accept unless declines where indicated on the Rental Agreement) and paying the additional fee specified thereon, the Lessor will waive its claim against the Lessee under paragraph  6 hereof or damage to the equipment (except as set out in paragraph 13 below) for any amount in excess of the following:

a) For Theft: 20% of the retail purchase price of new Equipment.

b) For Damage: 20% of the cost of the repairs to the Equipment.

13. Waiver Exceptions : Notwithstanding the Lessee’s acceptance of the Loss of the Damage Waiver, the Lessee will be liable for the resulting loss or damage to the Equipment and expense of the Lessor, to the extent it: (i) results from the gross negligence of the Lessee which includes, but is not limited to, the use or operation of the Equipment in a reckless or abusive manner, or intentional damage to the Equipment by the Lessee or by Lessee’s permission, or (ii) occurs under any of the following circumstances:

A. Loss, damage or failure of tires and tubes under any circumstances,

B. All loss or damage associated with vandalism, malicious mischief, theft or conversion of the Equipment, not documented by the Lessee’s prompt filing with the public authorities, (with an immediate written copy to the Lessor).

C. All loss or damage associated with Equipment being overloaded, operated above capacity, roll over or if operating instructions are not followed.

D. Use of the Equipment by unqualified operator.  Lessee is to use properly trained operators.

E. Failure of the Lessee to perform necessary Equipment maintenance as outlined in Paragraph 5.

F. Lessee’s Failure to properly secure the Equipment by, among other things, leaving keys readily available to and unauthorized operator or not reasonably restricting access to the Equipment.

Warranties: Lessor makes no warranties, either express or implied, as to any matter whatsoever, including, without limitation, the condition of the Equipment, it’s Merchantability or Fitness for a particular purpose, or that it is suited for the Lessee’s intended use.

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