| 1. Rental. Lessor agrees to rent the equipment described on the front of this agreement for the minimum rental period, at the charges and on the other terms shown on the front. Either party may cancel this agreement at any time after the minimum rental period. 2. Rates. The rates listed on the front are based on 8 hours of operation per day, 40 hours of operation per week, or 176 hours of operation per month. If Lessee operates the equipment on a second shift, Lessee must pay additional rent at the second shift rate. If Lessee operates the equipment more than 8 hours per day but without a full second shift, Lessee must pay additional rent at the first shift rate prorated for the number of additional hours per day. If Lessee retains possession of the equipment after the minimum rental period, Lessee must pay additional rent at the same periodic rate as listed on the front. All transportation or trucking charges must be paid by Lessee. 3. Condition. No Warranty and Limitation of Liability. Lessee has selected the equipment, has independently determined the type of equipment is suitable for Lessee’s intended use, and has inspected or will inspect the equipment within 24 hours after receiving possession. Unless within such time Lessee notifies Lessor of any necessary repair or defect, stating in detail, Lessee will have accepted the equipment as being in good, safe, and serviceable condition. THE EQUIPMENT IS LEASED “ AS IS “ AND WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Should the equipment become defective or unfit for use through no fault of Lessee, Lessee’s sole remedy is to return the equipment to Lessor. This agreement may then be terminated, provided Lessee has paid to Lessor all rent and charges due until the equipment became unusable. Lessee’s only remedy is to receive a rent credit for the time it could not use the equipment. Lessor is not liable to Lessee for any loss, delay, or damage resulting from any defect in or breakage of the equipment, or for Lessee’s inability to use the equipment. In no event is Lessor liable for lost profits, incidental or consequential damages. 4. RETURN. All equipment will be returned by Lessee to Lessor in as good condition as received, less normal wear and tear in the hands of a competent operator, and Lessee shall pay for all repairs necessary to place the equipment in such condition when it is returned, including but not limited to repair of flat tires or blowouts caused by job conditions, ground engaging tools, and clean of all toxic, hazardous, or other material. Damage which is not “ normal wear and tear” includes, but is not limited to, damage resulting from lack of fuel or lubrication, failure to maintain proper oil, water, hydraulic, or air pressure levels, damage due to collision, overturning, overloading, or exceeding rated capacities, improper use, abuse, lack of cleaning, tire damage, and dirtying of equipment by paint, plaster, concrete, resin, or any other material. 5. OPERATORS. Lessee shall employ competent, qualified operators to maintain and operate the equipment, who shall follow all operating and maintenance instructions and procedures. 6. INSURANCE AND INDEMNITY. All risk of loss, damage to or destruction of the equipment is on Lessee at all times. Lessee must insure the equipment listed on the front of this agreement, with insurance proceeds payable to Lessor. Lessor must be named additionally insured on Lessee’s general liability policy and loss payee on Lessee’s equipment floater policy during the rental period. Lessee must furnish proof of coverage to Lessor prior to using the equipment. LESSEE SHALL INDEMNIFY AND HOLD LESSOR FREE AND HARMLESS AGAINST ANY AND ALL CLAIMS, LOSS, DAMAGE, LIABILITY, EXPENSE [INCLUDING ATTORNEY’S FEES] AND PENALTY OF ANY KIND OR NATURE WHATSOEVER INCLUDING WITHOUT LIMITATION LOSS OR DAMAGE TO PROPERTY, PERSONAL INJURY, BODILY INJURY, SICKNESS, DISEASE, AND/OR DEATH,HOWSOEVER ARISING, DIRECTLY OR INDIRECTLY RELATING TO THE OWNERSHIP, USE, MAINTENANCE,OPERATION, STORAGE, INSTRUCTION, POSSESSION, OR RENTAL OF THE EQUIPMENT OR ITS HANDLING OR TRANSPORTATION DURING THE RENTAL PERIOD OR WHILE IN TRANSIT. LESSEE IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT RENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT, AND LESSEE FURTHER AGREES TO WAIVE AND RELEASE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST LESSOR WHICH LESSEE OTHERWISE MAY BE ENTITLED TO ASSERT. 7. TITLE. The equipment will remain the personal property of Lessor. Lessee must keep the equipment free from all liens and claims. 8. COMPLIANCE WITH LAWS: Safe use of equipment. At Lessee’s expense, Lessee must comply with all local, state, and federal laws, rules and regulations relating to the use of the equipment. If the equipment cannot be safely used, Lessee must immediately notify Lessor and stop using the equipment until it can be safely used. 9. TAXES and CHARGES. Lessee must pay all taxes, assessments, charges, fines, penalties or fees relating to the equipment or its use, registration, rental, shipment, transportation, delivery or operation. Upon demand, Lessee must reimburse Lessor for any such item paid by Lessor. 10. PAYMENTS. All rent payments are due, owing, and payable in advance. The rent payment and minimum guaranteed rental are wholly earned by Lessor when due. [Rental payment is due upon receipt of invoice.] Lessee must pay Lessor all other amounts that may become due when invoiced. Lessee must pay interest of 1.5% per month upon all delinquent payments. In order to resolve any billing dispute quickly and while recollections are fresh, Lessee must notify Lessor of any question or dissatisfaction that it may have regarding any invoice within 5 days of receipt of the invoice. If Lessee fails to give Lessor this notice, Lessee will have waived its right to dispute the accuracy and appropriateness of the invoice and the invoice will be binding on the Lessee. 11. MISCELLANEOUS. 11.1 This agreement contains the entire understanding of both parties. 11.2 The equipment may not be removed from California without written consent of Lessor. 11.3 No modification of this agreement is binding on either party unless made in writing executed by both parties. 11.4 The person executing this agreement represents that he has the authority to execute it for Lessee. 11.5 Lessee must promptly provide all information requested by Lessor for a preliminary lien notice. |
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| TERMS AND CONDITIONS |