No personnel are furnished directly or indirectly with our rental items.
In consideration of hiring the rental items (herein “the rental items or items”) described on the front of this contract it is agreed as follows.
1. DEPOSIT. Customer acknowledges that one of the purposes and intent of the deposit is to secure and guarantee complete performance of customers obligations under the contract.
2. WARNING. The use of false or fictitious identification to obtain the items or failure to return the items upon the expiration of this contract may be considered a theft, resulting in criminal prosecution. Your attention is directed to California Penal Code Section 484, California Penal Code Section 467A (relating to bad checks). For purposes of Penal Code Section 484 expiration date shall mean “expiration date”.
3. POSSESSION/TITLE. Customers right to possession of the items terminates on the return date indicated on the front of this contract. Retention of Possession after this date constitutes a material breach of this agreement.
Time is of the essence of this agreement. Any extension of this agreement must be agreed upon in writing. Title to the items is and shall remain in rental center.
4. RECEIPT/INSPECTION OF RENTAL ITEMS. Customer hires the items on an “as is” basis. Customer acknowledges that he has personally inspected the items prior to its leaving rental center (regardless of point of delivery) and finds it suitable for his needs. Customer acknowledges receipt of all items listed in this agreements in good working order and repair that he understands its proper operation and use without further instructions regarding operation and use from rental center.
5. HOLD HARMLESS. Customer agrees to assume the risk of and hold rental center harmless for property damage and personal injuries cause by the items and/or arising out of rental centers negligence. Customer shall indemnify, defend and hold rental center harmless from any claims of third party for loss, injury and damage to their persons and/or property arising out of customers possession, use, maintenance or return of items, including legal costs incurred in defense of same. _____ CUSTOMER INITIAL
6. RENTAL PERIOD/RATE/PAYMENT. Rental period is for a maximum of twenty-four (24) hours unless a longer term is specified in the “return date”. Rental charges begin immediately upon delivery of the items to the location directed by the customer or upon items leaving rental center, whichever happens first. Rental charges end upon return of the items to rental center in an acceptable condition. If the items are returned prior to the minimum rental period, the rental due shall be for the entire minimum rental period. Rental center may terminate rental at any time and retake the items without further notice in case of violation by customer of any terms or conditions of this agreement. Customer agrees to pay any collection costs and attorney fees incurred in collection of this account or any dispute arising under this agreement.
7. ORDINARY WEAR AND TEAR. “Ordinary wear and tear” shall mean only the normal deterioration of the items cause by ordinary, reasonable and proper use of the items. Customer shall be responsible for all damage not caused from ordinary wear and tear.
8. COMPLIANCE WITH LAWS/USE OF RENTAL ITEMS. Customer agrees not to use or allow anyone to use the items for any illegal purposes or in any illegal manner. Customer acknowledges that rental center has no physical control over the use of the items. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations (including O.S.H.A.) which may apply to the use of the items during the rental period. Customer further agrees to pay all licenses, fees, permits or taxes arising from his use of the items, including any subsequently determined to be due as a result of an audit.
Customer shall not allow any person who is not qualified to operate the items or use the items. Customer shall not allow any person to use or operate the items when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the items; permit any repairs to the items without rental center’s written permission; or allow a lien to be placed upon the items.
Customer agrees to clean and visually inspect the items at least daily and to discontinue use and immediately notify rental center when items are found to need repair or maintenance. Customer acknowledges that rental center has no responsibility to inspect the items while in customer’s possession. If the items become unsafe or requires repair, customer shall discontinue using it and notify rental center immediately.
9. RETURN OF RENTAL ITEM. Customer agrees to return the items to rental center during regular business hours upon “expiration date” in as good condition when it was received, ordinary wear and tear expected.
10. DISCLAIMER OF WARRANTIES. Rental Center makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the items are fit for customer’s particular intended use, or that it is free of latent defects. Rental center shall not be responsible to customer or any third party for any loss, damage or injury caused by, resulting from, or in any way attributable to the operation of, or any failure unknown to rental center. Customers sole remedy for any failure of or defect in the items shall be termination of rental charges at the time of failure provided that customer notifies rental center immediately of such failure and returns the items to rental center within twenty four (24) hours of such failure. ______ CUSTOMER INITIAL
11. DAMAGE WAIVER. Damage waiver is not insurance. By customer 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 by customer of applicable police reports, rental center and customer agree that rental center will waive any claim against customer for direct physical damage to the items for any external cause, except as follows:
a. Any item or items 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 items;
c. Loss or damage to motors or other electrical appliances or devices caused by artificial current;
d. Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the items or a shortage disclosed on inventory;
e. Loss or damage caused by infidelity of customer, its employees, or persons to whom the equipment is entrusted;
f. All damage resulting from overturning;
g. All damage or loss resulting from use of the items in violation of any provision of this agreement, violation of any law, ordinance or regulation or operation in an improper or negligent manner;
h. Damage from dirtying of items by paint, mud, plaster, concrete, rosin or any other material. Customer is responsible for cleaning and repainting as required.
If customer has insurance covering such loss or damage, customer shall exercise all rights available to him under said insurance. Take all action necessary to process such claim and customer further agrees to sign said claim and any and all proceeds from such insurance shall be payable to rental center Customer to provide rental center with complete information concerning insurance coverage carried. Damage waiver charge 10% of total rental ______ CUST. INIT.
12. SUBSETTING/LOCATION OF RENTAL ITEMS. Customer agrees not to sublet, loan or assign the items. Customer shall not move the items from the address at which customer represented it was to be used.
13. DEFAULT. Should Customer in any way fail to observe or comply with any provision of this agreement, rental center may, at his sole option exercise any and all of the following remedies;
a. Termination of this agreement.
b. Retake the items.
c. Declare any outstanding rent and charges due and payable and initiate legal process to recover the monies.
d. Pursue any of the remedies available to rental center (exercise of any remedy available to rental center shall not constitute an election of remedies or a waiver of any additional remedies to which rental center may be entitled)
14. RETAKING OF RENTAL ITEMS. If for any reason it becomes necessary for rental center to retake the items, rental center may retake the items without further notice or further legal process.
15. ACCIDENTS, REPORTING AND INDEMIFICATION. IN THE EVENT OF ANY ACCIDENT RESULTING IN PROPERTY DAMAGE OR BODILY INJURY ARISING FROM USE OF THE ITEMS WHILE IT IS IN CUSTOMER’S POSSESION, CUSTOMER HEREBY EXPRESSLY AGREES TO ASSUME RESPONSIBILTY FOR HIMSELF, HIS OWN EMPLOYEES, AGENTS AND ASSISNS NEGLIGENCE WHETHER OR NOT CONTRIBUTED TO BY THE NEGLEGENCE OF RENTAL CENTER AGREES TO INDEMIFY, DEFEND AND HOLD RENTAL CENTER HARMLESS FROM ANY CLAIM OR ACTION ARISING THEREFROM, INCLUDING ANY COSTS AND ATTORNEYS FEES INCURRED IN CONNECTION THEREWITH, CUSTOMER AGREES TO NOTIFY RENTAL CENTER IMMEDIATLEY IN CASE OF ANY ACCIDENT AND TO OBTAIN THE NAMES, ADRESSES, PHONE NUMBERS AND OTHER PERTINENT INFORMATION FROM ALL PARTIES INVLOVED AND ALL WITNESSES. ______CUSTOMER INITIAL
16. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of rental center to insist upon strict performance by customer as regards any provision of this agreement shall not be interpreted as a waiver of rental center’s right to demand strict compliance with all other provisions of this agreement against customer or any other person. The provisions of this agreement shall be severable, so that the unenforceability, invalidity or waiver of any provision shall not effect any other provision.
17. SERVICE CHARGE. Accounts are due and payable at the termination of the rental period. A carrying charge equivalent to the maximum legal rate of interest will be charged on all overdue accounts. In addition, customer agrees to pay a service charge on all overdue accounts.
Rental center to be held harmless for damage to surface or underground utilities cause by installation of equipment
· Special Order Items are subject to 100% cancellation
· Orders cancelled prior to 72 hrs. , may be subject to cancellation charge
· Orders cancelled within 72 hrs. of delivery date are subject to 50% cancellation charge
· Orders cancelled the day of or at the time of delivery are subject to 100% cancellation charge