- RENTAL TERM: Rental term starts the day the equipment is picked up by Lessee, or it’s authorized agent, or is delivered to or for the Lessee, and ends the day the equipment is off rental. Equipment is off rental the day Lessee either (1) returns the equipment to Lessor’s place of business during regular business hours or (2) notifies Lessor of termination of use equipment and requests Lessor to pick up equipment. LESSEE WILL RETURN EQUIPMENT TO LESSOR UNLESS Lessor has expressly agreed in writing, to pick up equipment from Lessee, at Lessee’s expense, in which event each and every provision of the lease will remain in effect for twenty-four (24) hours after equipment is off rental, which parties agree is a reasonable time for Lessor to pick up leased equipment. LESSEE SHALL SECURE EQUIPMENT AGAINST THEFT OR UNAUTHORIZED USE.
- USE OF EQUIPMENT: Lessee agrees that this lease is between Lessor and Lessee alone. The equipment shall be used EXCLUSIVELY BY LESSEE OR LESSEE’S EMPLOYEES. LESSEE SHALL NOT SUBLET OR ASSIGN THE LEASED EQUIPMENT or allow any other person, company or trade to use it. Equipment shall not be removed from the job address. Lessee shall not make any alteration to the equipment and shall not alter, deface, cover-up or conceal any numbering, lettering, insignia or labels displayed on the equipment.
- INSPECTION: Lessee agrees that he (a) SHALL INSPECT ALL leased equipment PROIR TO RECEIPT by Lessee or authorized agent: (b) SHALL INSPECT ALL leased equipment at intended location prior to any use by Lessee or Lessee’s employees: and (c) SHALL MAINTAIN A CONTINUING INSPECTION OF ALL leased equipment at all times throughout the rental term. Unless Lessee shall give prior WRITTEN NOTICE to Lessor specifying any defect in or other objection to the equipment, Lessee agrees that it shall be conclusively presumed as between Lessor and Lessee, the Lessee has fully inspected and acknowledged that the equipment was and is in good condition and repair, and that Lessee is satisfied with and has accepted and retained the equipment in such good condition and repair.
- DISSATISFACTION WITH LEASED EQUIPMENT: If the lease equipment is or becomes defective or unfit because of accident, obsolescence, OR ANY OTHER CAUSE WHATSOEVER, or the Lessee desires to cease the use of leased equipment for any reason whatsoever. THE LESSEE’S SOLE RIGHT AND REMEDY SHALL BE TERMINATION OF THIS LEASE AND THE RETURN OF THE LEASED EQUIPMENT TO LESSOR. In the event that equipment is returned, the charges, in no event, shall be less than the transportation costs and the minimum rental charged.
- DISCLAIMER OF WARRANTIES AND INDEMNIFICATION BY LESSEE: it is understood that lessor is not the manufacturer of the equipment herein rented nor the agent Of the manufacturer. THE PARTIES AGREE THAT LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OT THAT THE EQUIPMENT IS, OR WILL BE SUITABLE FOR ANY PARTICULAR PURPOSE, AND LESSOR MAKES NO REPRESENTATIONS IN RESPECT THERETO, AND LESSEE AGREES TO INDEMNIFY AND HOLD LESSOR FREE AND HARMLESS (as hereafter DEFINED) FROM ANY AND ALL LIABILITY CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BT THE LEASED EQUIPMENT, BY ANY INADEQUACY THEREOF, OR DEFECT THEREIN, OR BY ANY INCIDENT IN CONNECTION THEREWITH.
- NOTIFICATION: LESSEE SHALL IMMEDIATELY NOTIFY LESSOR of all information related to an “occurrence” involving or in any way related to the leased equipment, but in nope event more than 12 hours, after Lessee’s discovery of the same. An “occurrence” is defined as any disappearance, theft or injury to person or property which is, or is claimed to be, or appears to have been injured or damaged on, by or around the leased equipment.
Lessee
agrees to SECURE AND MAINTAIN all leased equipment and surrounding premises
in the condition existing at the time of any “occurrence” until
such time as the Lessor, or any of its authorized agents, investigators,
attorneys or other designated persons inspects or investigates said
equipment and/or premises.
Lessor
shall have the exclusive right to reclaim any “leased equipment”
involved in or any “occurrence” and to thereafter replace same with
comparable equipment.
- TITLE: Title to all leased equipment shall remain at all times in Lessor. If the leased equipment is levied upon by reason of execution, garnishment or attached or for any reason Lessor may retake the equipment with or without legal process.
- NON-WAIVER: The failure of the Lessor at any time to insist upon strict performance by the Lessee to the conditions herein shall not be construed as a waiver of Lessor’s right to demand strict compliance. The express waiver of one provision in this lease shall not be deemed a waiver of any other provision herein. TIME EXPRESSLY MADE THE ESSENCE OF THIS LEASE.
- WAIVER OF EXEMPTION: The Lessee hereby expressly waives all rights in and to any and all exemption laws of this state which are within the power of the Lessee to waive.
- DEFAULT: If the Lessee in any way fails to observe, keep or perform any of the provisions of this Lease, Lessor shall have the right to exercise concurrently or separately, any one or more of the following remedies. (1) terminate this lease as to any and all items of equipment; (2) declare the entire rent hereunder immediately due and payable and to pursue all legal remedies in the payment thereof; (3) retake possession of the leased equipment holding Lessee fully liable for all rentals’ and (4) pursue any and all other remedies legally available to Lessor.
- TERMS OF PAYMENT: If any charges herein are not paid on or before 30 days from the date of the invoice dates, Lessee agrees to pay 1-1/2 percent per month (annual rate of 18 percent on all balances due and unpaid
- NON-RETURNED, UNCLEANED OR DAMAGED EQUIPMENT: Lessee agrees to pay, in addition to the rental charge therefore, the following (a) The amount set forth herein as the value of the equipment not returned on the date agreed, which is no event shall be less than manufacturer’s current list price. (b) For equipment not returned in the condition received, reasonable use excepted, the following (1) For cleaning either: (a) The amount Lessor pays therefore, plus 15 percent overhead, or (b) If Lessor cleans it, Lessor’s usual charges therefore, and all parties agree that equipment returned to Lessor with paint, plaster or foreign matter on it will be subject to cleaning charge, as not reasonable use, (2) For damaged equipment, it specifically is agreed that Lessor shall have no responsibility to repair and if the original manufacturer will repair it Lessee will pay the charges therefore, plus 15 percent overhead; but if the original manufacturer will not repair it Lessee will pay manufacturer’s current price list.
- ATTORNEY’S FEES: Lessee agrees to pay Lessor all costs and expenses, including collection charges and attorney’s fees, in forcing the terms of this agreement.
- LOADING AND UNLOADING: Loading and unloading of the leased equipment SHALL BE supervised and directed by Lessee who assumes all responsibility thereof, Lessee agrees to indemnify and hold Lessor free and harmless from any and all liability for loss, damage or other injury which occurs while equipment is being loaded or unloaded.
- INDEMNIFICATION: LESSEE SHALL INDEMNIFY AND DEFEND LESSOR AGAINST AND HOLD HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, PRECEEDINGS, COSTS, EXPENSES. DAMAGES AND LIABILITIES, INCLUDING ATTORNEY’S FEES WHICH; (1) relate to injury or to destructION OF PROPERTY, OR BODILY INJURY, ILLNESS, SICKNESS, DISEASE OR DEATH OF ANYPERSON (INCLUDING EMPLOYEES OF LESSEE) AND, (2) ARE CAUSED, OR CLAIMED TO BE CAUSED, IN WHOLE OR IN PART BY THE EQUIPMENT LEASED HEREIN OR BY THE LIABILITY OR CONDUCT (INCLUDING ACTIVE, PASSIVE, PRIMARY OR SECONDARY) OF LESSOR, ITS AGENTS OR EMPLOYEES, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. tHE PARTIES AGREE THAT LESSOR SHALL BE LIABLE OR RESPONSIBLE FOR ACTIONS OF WILLFUL MISCONDUCT.
LESSEE
SHALL, AT IT OWN COST AND EXPENSEM DEFEND LESSOR AGAINST ALL SUITS OR
PROCEEDINGS COMMENCED BY ANYONE IN WHICH LESSOR IS NAMED PARTY FOR WHICH
LESSOR IS ALLEGED TO BE LIABLE OR RESPONSIBLE AS A RESULT OF OR ARISING
OUT OF THE EQUIPMENT OR IT’S USE, OR ANY ALLEGED ACT OR OMISSION BY
LESSOR, AND LESSEE SHALL BE LIABLE AND RESPONSIBLE FOR ALL COSTS, ESPENSES
AND ATTORNEY’S FEES INCURRED IN SUCH DEFENSE AND/OR SETTLEMENT, JUDGEMENT
OR OTHER RESOLUTION IN THE EVENT THAT SUCH ACTION IS COMMENCED NAMING
LESSOR AS A PARTY. LESSOR MAY ELECT TO DEFEND SAID ACTION ON ITS
OWN BEHALF AND LESSEE AGREES THAT IT SHALL BE LIABLE FOR ALL COSTS,
EXPENSES AND ATTORNEY’S FEES INCURRED BY LESSOR IN SUCH DEFENSE.
PURPOSE
OF THIS CLAUSE; IT IS THE PURPOSE OF THIS CLAUSE TO SHIFT THE RISK OF
ALL CLAIMS RELATING TO THE LEASED PROPERTY TO THE LESSEE DURING THE
ENTIRE TERM OF THIS LEASE.
- SAFETY REGULATIONS: LESSEE SHALL; (1) erect, maintain and USE the leased equipment with all applicable laws, rules, regulations and orders of any public authority, including, but not limited to, ALL FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) and State regulations, having jurisdiction for the safety of persons or property; and (2) comply with any rules or regulations promulgated by Lessor with respect to the leased equipment, its manner of erection and use.
Lessee
acknowledges receipt of Lessor’s Operating Instructions and/or Code
of Safe Practices, and agrees that Lessee and all Lessee’s employees
will AT MINIMUM comply with it provisions and all other safety provisions
described herein.
Lessee
agrees to indemnity and hold Lessor free and harmless from any and all
liability for loss, damage, or personal injury which results from non-compliance
with any portion of this Paragraph, or from non-compliance with any
law, regulation or other safety order.
- SAFETY EQUIPMENT: Lessee agrees that LESSOR DOES NOT RENT SAFETY EQUIPMENT of any type, including, but not limited to, nets, lanyards, belts, ropes, and grabs. Lessee agrees to OBTAIN, PROVIED and USE all safety equipment, and to indemnify and hold Lessor free and harmless from any liability which results from non-compliance with this Paragraph.
- CARTAGE: Lessee agrees to pay Lessor its usual cartage charges for pick up of equipment. Time spent by Lessor’s driver locating equipment, dismantling scaffold, loading, etc. will be charged at Lessor’s then current hourly rate.
- WAIVER OF SUBROGATION: Lessee hereby waives all rights in and to any and all claims of subrogation that it may have against the Lessor existing in the laws of this state which are within the power of the Lessee to waive.
- EXECUTION OF LEASE: The parties agree that this contract is entered into at the main office of the Lessor. This lease is binding when duly executed by a proper officer or agent of Lessor and when duly executed by a proper officer f the Lessee, or by any employee, agent, teamster, or other person authorized by Lessee, orally or in writing to execute said lease upon Lessee’s behalf ACKNOWLEDGEMENT OF RECEIPT BY LESSEE’S EMPLOYEE, AGENT, TEAMSTER OR OTHER AUTHORIZED PERSON SHALL CONCLUSIVELY CONSTITUTE LEESSEE’S AGREEMENT TO THIS LEASE.
- ENTIRE AGREEMENT: This lease embodies the entire agreement of the parties. It may not be modified or terminated except as provided herein or by other written agreement of the parties. If any provision herein is declared invalid, it shall be deemed amended to comply with applicable law.
- PERSONAL PROPERTY: The equipment herein leased is and all times remains personal property, notwithstanding that it, or any part of it may now be or hereafter become in any manner attached to, embedded, or permanently resting on real property or any building or improvement thereon, or attached in any manner to what is permanent, as by means of cement, plaster, nails, bolts, screws, or the like.
- ALTERATION OF EQUIPMENT: Lessee shall not, without the prior written consent of Lessor, remove the leased equipment from the location described on the front of the contract or relinquish possession of the same, nor shall Lessee make any alteration or improvement in the leased property without first having obtained such written consent.
- INSURANCE: Lessee shall keep the equipment insured against all risks of loss or damage from any cause whatsoever for not less than the full replacement value thereof, and shall carry comprehensive public liability and property damage insurance with contractual liability. Lessee’s failure to have such insurance shall not lessen Lessee’s obligations herein.
- APPLICABLE LAW: This lease shall be governed by and construed under the laws of this state.
- DAMAGE WAIVER: Lessee 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, Lessor and Lessee agree that Lessor will waive any claim against Lessee 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; (e) Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the equipment or a shortage on inventory; (f) Loss or damage caused by infidelity of Lessee, 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, coolant or pressure levels, lack of lubrication or other normal servicing of equipment; (h) All damages resulting from overturning; (i) All damages 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)Overhead damage; (k) Damage from dirtying of equipment by paint, mud, plaster, concrete, resin or any other material. Lessee is responsible for cleaning and repairing as required; (l) Damage from fire, flood, earthquake, tornado or any other natural disaster. If Lessee has insurance covering such loss or damage, Lessee shall exercise all rights available to him under said insurance, take all action necessary to process such claim and Lessee further agrees to sign said claim and any and all proceeds from such insurance shall be payable to Lessor. Lessee to provide Lessor with complete information concerning insurance coverage carried.
- Boom Lift Rentals
- Scissor Lift Rentals
- Fork Lift Rentals
- View Rental Agreement