The undersigned (hereinafter referred to as the "Renter') hereby agrees to be
bound by all terms, conditions of this Rental Equipment Agreement for the
rental
of the equipment described on the reverse side of this document (hereinafter
referred to as the “Rented Equipment”) from the company named on the reverse
side (hereinafter referred to as the “Lessor”).
1. Disclaimers. LESSOR HEREBY DISCLAIMS AND EXCLUDES ALL
WARRANTIES WITH RESPECT TO THE RENTED EQUIPMENT, ANY ITEM SOLD IN CONNECTION
THEREWITH, AND THIS CONTRACT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND
SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR
A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE
IS
NO WARRANTY THAT THE RENTED EQUIPMENT IS SUITED FOR RENTER’S INTENTED USE OR
THAT IT IS FREE FROM DEFECTS. LESSOR SPECIFICALLY DISCLAIMS, AND SHALL NOT BE
RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE
DAMAGES OF ANY KIND IN CONNECTION WITH THE RENTED EQUIPMENT OR THIS CONTRACT.
2. Assumption of Risk; Indemnity; Insurance; Release. Renter
assumes all risks inherent in the operation and use of the Rented Equipment by
Renter and anyone else. Renter agrees to defend, indemnify and hold harmless
Lessor from any and all claims, actions, suits, damages, liabilities, fines,
expenses (including, without limitation, attorneys’ fees and costs) and losses
(collectively, “Claims”) that may be imposed upon or incurred by Lessor
resulting or arising from (a) the manufacture, operation, use, delivery,
possession, transportation or return of the Rented Equipment, whether or not
such Claims are related to personal injury, sickness, disease, death, property
damage, delay, inconvenience or economic loss, and regardless of whether such
Claims are alleged or proven to be due, in whole or in part, to Lessor’s
negligence or the defective condition of the Rented Equipment, or (b) Renter’s
breach of this Contract. Renter agrees to maintain insurance sufficient to
enable it to satisfy its duties hereunder. Lessor also agrees to indemnify and
hold harmless Lessor from any loss, damage, theft, or destruction o the
equipment during the term of this Contract and any extension thereof. Renter
shall maintain, at Renter’s expense, liability, property and casualty insurance
coverage in amounts necessary to fully protect Lessor and Lessor’s equipment
against claims, losses or damage of whatever nature or type. If the Rented
Equipment is used incidental to, or in connection with the dispensing of
alcoholic beverages, Renter shall obtain adequate host or liquor liability
insurance to fully protect Renter and Lessor as named insureds. Lessor cannot
under any circumstances be held liable for injuries as a result of acts of God,
nature or other conditions beyond its control or knowledge.
3. Discontinuance of Use; Limits on Liability. Renter agrees
to inspect the Rented Equipment prior to each use. Renter agrees that in the
event any item or Rented Equipment is defective or becomes unsafe or in
disrepair, Renter immediately will discontinue the use of such item and
promptly
return it to Lessor. Upon receipt of the item, if its condition is not the
responsibility of Renter, Lessor agrees, at is option, to repair the item
within
a reasonable time, to replace the item with property of like kind if available,
or to adjust the rental charge. Such repair, replacement or adjustment shall be
Lessor’s sole responsibility, and Renter’s sole remedy, in the event the Rented
Equipment is defective or becomes unsafe or in disrepair. Lessor’s liability
for
any other breach of this Rental Contract shall be limited to direct damages in
an amount not to exceed the amount of rental charges actually collected from
Renter. This provision does not release Renter from Renter’s other obligations
under this Contract.
4. Return of Equipment. Renter agrees to return the Rented
Equipment (and all attachments and parts) to Lessor during regular business
hours or, at or prior to, the due time identified on the reverse side, or, if
this Rental Contract is terminated prior to the due time, upon termination. If
Renter fails to do so, rent will continue to be charged at the contract rate,
or, at Lessor’s option, Lessor’s maximum daily rental rate, until the Rented
Equipment is returned to Lessor. All Rented Equipment shall be returned clean
and in the same condition in which it was received by Renter, reasonable wear
and tear excepted. Renter’s right to possession of the Rented Equipment
terminates at the due time. Continued possession after this time constitutes a
material breach of this Contract. Time is of the essence of this Contract.
Failure of Renter to return the Rented Equipment at or prior to the due time
without Lessor’s prior written consent may constitute unlawful conversion or
theft.
5. Damage or Lost Equipment. Renter assumes the entire risk
of loss or damage, regardless of cause, with respect to the Rented Equipment
until it is returned to Lessor, during Lessor’s regular business hours. In the
event of damage to or loss or theft of the Rented Equipment, Renter shall pay
Lessor upon demand, in addition to rental charges and all other amounts due
hereunder, the full cost of repair or replacement of the Rented Equipment,
whichever is less. The cost of replacing Rented Equipment that is lost, stolen
or damaged beyond repair shall be deemed to be the replacement cost of the
Rented Equipment when received by the Renter.
6. Renter’s Covenants. Renter understands the proper use of
the Rented Equipment. Renter also agrees and covenants:
a) that Renter is satisfied with the instruction Lessor has given in the
proper and safe manner of using the Rented Equipment, or that Renter is so
familiar with the Rented Equipment and its proper and safe use, and has told
Lessor so, that such instruction is unnecessary;
b) that the Rented Equipment will be used and kept only at the address
designated on the reverse side unless Renter receives Lessor’s prior written
consent to use or keep it elsewhere; that the Rented Equipment will not be
used for any illegal purpose or in any illegal manner and that the Renter will
comply with the laws and regulations applicable to the Rented Equipment or its
use; and that the Rented Equipment will be used only for the proper purpose of
which it was manufactured and will not be used if it becomes or unsafe or in
disrepair;
c) that Renter will pay interest at the lesser or one and a half percent (1
½ %) per month or the highest rate permitted by law on all past due amounts
hereunder;
d) that no one other than Renter or Renter’s authorized employees will use,
possess or control the Rented Equipment without the Lessor’s prior written
consent;
e) that the Rented Equipment shall be operated or used only be persons
competent in its operation, that Renter shall be solely responsible for
providing competent operators, and that Renter possesses or has received
adequate safety equipment;
f) that Renter will pay a security deposit at the time of reservation of
the Rented Equipment and that the purpose and intent of the deposit paid by
the Renter 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;
g) that there is a $50.00 charge on any returned check, for any reason; and
h) that Renter is responsible to obtain and locate any underground
utilities before delivery of Rented Equipment.
7. Repossession; Collection Costs. If Renter fails to pay
rental charges when due or breaches any other obligation under this Contract,
Lessor may, without notice, terminate this Contract and take possession of and
remove the Rented Equipment from wherever it is located. Renter agrees that
Lessor and its agents shall not be liable for any claims or damages or trespass
or otherwise arising out of the removal of the Rented Equipment. Renter agrees
to pay or reimburse Lessor for all collection costs, including without
limitation, attorneys’ fees and costs, incurred by Lessor in the collection of
amounts due under this Contract, the repossession of the Rented Equipment, or
otherwise in the enforcement of this Contract and Lessor’s rights.
8. Compliance with Laws. Renter acknowledges that Lessor has
no control over the use of the Rented Equipment by Renter, and Renter agrees at
his sole expense, to comply with all municipal, county, provincial and federal
laws, ordinances and regulations which may affect the Rented Equipment while it
is in the possession of an in use by the Renter. Renter shall not permit any
person who is not legally qualified to use the Rented Equipment.
9. Other Terms. This Contract in conjunction with the signed
Instruction Manual and Reservation Form contains the entire agreement between
Lessor and Renter. This Contract may not be amended except by writing signed by
Renter and Lessor. Renter shall not abuse, harm or misuse the Rental Equipment.
Renter may not assign this Contract, nor may it sublet, loan, permit any lien
to
be placed upon or otherwise encumber the Rented Equipment. The Rented Equipment
is and shall remain the sole property of Lessor. If any provisions of this
Contract shall be deemed unenforceable, such unenforceability shall not affect
the enforceability of the remaining provisions. Renter acknowledges that Renter
is not Lessor’s agent for any purpose. No refund will be made with respect to
Rented Equipment that has been rented for over thirty (30) minutes. Renter
agrees to pay a cleaning charge on all items of Rented Equipment returned
unclean. Lessor’s rights and remedies shall be cumulative.