Contractors Equipment Rentals

Rental Contract

NOTE: A FINANCE CHARGE OF 1 1/2% PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) WILL BE CHARGED ON ACCOUNTS OVER 30 DAYS PAST DUE. IN THE EVENT A SUIT IS BROUGHT TO ENFORCE COLLECTION, THE CUSTOMER SHALL BE LIABLE FOR REASONABLE ATTORNEY'S FEES AND COST OF SUIT.

RENTAL CONTRACT TERMS and CONDTIONS

1. In consideration of the leasing of the Equipment described on reverse side without operator, by the signature (hereinafter referred to as the "Lessee'') from Contractors Equipment Rentals (hereinafter referred to as the ·'Lessor" or "CER"), upon the terms and conditions, and for the price herein specified, it is agreed as follows.

2. INDEMNITY/HOLD HARMLESS/DAMAGE. Lessee acknowledges and assumes all risks inherent in the operation and use of the Equipment by Lessee and will take all necessary precautions to protect all persons and property from injury or damage while in possession of the Equipment. Lessor shall not be responsible to Lessee or to any other party for any loss, damage, or injury (including any loss of profits, business interruption or other special or consequential damages) caused by, resulting from, or in any way connected with the Equipment, its operation or use, or any defect with respect thereto. Lessee agrees to defend, indemnify and hold Lessor handless from and against any and all liability, claims and damages of any kind (including attorney's fees) for injuries or death to persons and damage to property, but only to the extent such arises out of the use, maintenance, instruction, operation, possession, ownership or rental of the Equipment, however caused by Lessee.

3. AUTHORITY TO SIGN. Any individual signing this contract represents and warrants that he or she is of legal age and has the authority and power to sign this rental agreement as or for the Lessee. All orders to be accompanied by a signed PO

4. NO WARRANTIES FROM CER. Lessee has inspected each item of Equipment prior to acceptance and acknowledges and agrees that each item is in good working condition. Lessor makes NO WARRANTIES WHATEVER, EXPRESS OR IMPLIED, including WARRANTIES OF MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE, in connection with the rental of any item of equipment only against the manufacturer of the item. Lessor shall not be liable for any direct or consequential loss or damage resulting from the use or misuse. operation, or condition of any item of equipment furnished by Lessor to Lessee.

5. DAMAGED AND LOST EQUIPMENT. From the date and time Lessee shall take possession of each item of equipment, such date and time being entered by Lessor on the front of this Agreement, and until such item shall be returned to Lessor, Lessee shall bear all risk of loss of the item from all causes, except the gross negligence or willful misconduct of Lessor. An item of Equipment shall be "lost" when the cost of repair equals or exceeds the fair market value of the item as described by Lessor. ·'Lost" shall also mean total loss, either by destruction, theft. misplacement or other means. If an item of Equipment is lost, Lessee shall, on demand, pay to Lessor funds equal to the amount necessary to replace the item with a new item of Equipment, in the discretion of Lessor, with the item which was lost I an item is damaged to an extent that the item has not been ·'Lost", Lessee shall pay to Lessor all repair charges, including parts and labor, at Lessors standard rates or the rates charged by any other repair shop, selected by Lessor, should Lessor elect to have the item repaired elsewhere. In either event, whether an item be lost or damaged, Lessee shall notify Lessor within twenty-four (24) hours after such loss or damage. In the case of a lost item, the rental charges shall cease accruing as of the time of replacement; where the equipment has been damaged, the rental charges shall cease to accrue upon return of the item to Lessor, or to another repair shop selected by Lessor, as applicable.

6. RECEIPT USAGE OF AND RESPOSIBILITY FOR EQUIPMENT. Lessee accepts and leases the Equipment on an "AS IS" basis, Lessee acknowledges receipt of all the Equipment in good working condition and repair and declares that Lessee fully understands its proper operation and use. Lessee acknowledges and declares that lessee has examined the Equipment and all hitches, bolts, safety chains, hauling tongues, together with all devices and material used to connect the Equipment to lessee's towing motor vehicle, if any, and lessee declares that he/she has received all such Equipment in a secure and operative condition. Lessee also agrees to inspect the Equipment periodically (minimum of every 100 miles) and to maintain the coupling and chain in a safe and secure condition. Lessee agrees to return the Equipment to lessor's premises upon the expiration and due date hereof in as good condition as when received by Lessee, ordinary wear and tear excepted, ·'ordinary wear and tear" shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one-shift (eight hours per day, five days week) basis. Lessee agrees to pay immediately all charges and costs incurred. Lessor is not responsible for any damage to Lessee's towing vehicle caused by detachable hitches or mirrors. Lessee acknowledges that Lessor has no control over the use of the use of the Equipment by Lessee; and Lessee agrees, at his/her sole expense to comply with all municipal, county, state and federal laws, ordinances, and regulations, including OSHA, which may affect the Equipment while it is in the possession of the use by the Lessee. Lessee shall not permit any person who is not legally qualified to use this Equipment. Without Lessor's \written consent, Lessee shall not remove the Equipment from the county in which it is rented.

7. RENTAL PERIOD & CALCULATION OF CHARGES. Rental charges commence when the Equipment leaves the Store location and end when the Equipment is returned thereto. Rental charges accrue during Saturdays, Sundays and Holidays. Rental rates are for normal usage based on an eight-hour day, 40 hours per week and 160 hours per month. On power equipment, operation m excess of one shift (eight hours per day) will be at Lessor’s standard premium rates Lessee will truthfully and accurately certify to Lessor the number of shifts the Equipment was operated. Lessee's right to possess the Equipment tunicates on the expiration of the rental period set forth on page one of the agreement and retention of possession after this time is a material breach of this agreement.

8. INSURANCE REQUIREMENTS. Lessee agrees to maintain and carry, at its sole cost, adequate liability, physical damage, public liability, property damage and casualty insurance for the full replacement cost of the Equipment, including all risks of loss or damage covered by the standard extended coverage endorsement to cover any damage or liability arising from the handling, transportation, maintenance, operation or use of the Equipment during the entire rental period. When requested, Lessee shall supply to Lessor proof of such insurance by Certificate of Insurance clearly setting forth the coverage for the Equipment and naming Lessor as loss payee and additional insured; such insurance and evidence thereof to be in the amount and form satisfactory to Lessor.

9. TIRE/TUBE REPAIR OR REPLACEMENT. Repair or replacement of tires and tubes is the responsibility of the Lessee and is not included in the rental rates.

10. MAINTENANCE AND CARE. Should the Equipment become unsafe, malfunction or require repair, Lessee shall immediately cease using such Equipment and immediately notify Lessor. If such conditions are the result of normal operation, Lessor will repair or replace the Equipment with similar Equipment in working order if such replacement Equipment is available. Lessor has no obligation to replace Equipment rendered inoperable by misuse, abuse or neglect. Lessee's sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. The equipment must be returned to the Store Location within twenty-four hours from the time of defect in order to terminate rental charges. Lessee agrees to check filters, oil, fluid levels, tire air pressure, clean and visually inspect the Equipment daily and to immediately notify Lessor when Equipment needs repair or maintenance. Lessee acknowledges that Lessor has no responsibility to inspect the Equipment while it is in Lessee's possession.

11. POSSESSION OF EQUIPMENT. If for any reason it becomes necessary for Lessor to retake the rented vehicle(s) and/or Equipment, Lessor may retake said vehicles and/or Equipment without further notice or further legal process Lessee hereby grants Lessor permission to Lessee's property, and grants Lessor such rights as Lessee possesses to go to the property of any third person to retake the rented items. Lessee hereby agrees to indemnify and hold Lessor harmless for any and all claims or costs arising from such retaking by Lessor.

12. SUBLETTING/LOCATION OF EQUIPMENT. Lessee agrees not to subject, loan or assign any of the rented vehicle(s) or Equipment. Lessee shall not move any rented equipment from the address which Lessee represented it was to be used without the prior written consent of Lessor.

13. ACCIDENTS. In the event of an accident or casualty resulting in bodily injury to Lessee employees or damage to Lessee property arising out of Lessee's use and leasing of said Equipment, Lessee agrees to accept all responsibility therefore and shall hold Lessor harmless from any claim or action arising therefrom. Lessee shall furnish Lessor with a complete report of any accident involving the Equipment, including names and addresses of all persons involved and witnesses.

14. USE OF EQUIPMENT. Lessor shall not allow any person who is not qualified to operate the rented vehicle and/or Equipment; use the vehicle and/or Equipment when it is in need of repair or in an unsafe condition or situation; misuse, harm or abuse the vehicle and/or Equipment. Lessee agrees to: Check filter, oil, fluid levels, air pressure, clean and visually inspect the rented vehicles and/or Equipment daily and to immediately notify)' Lessor when it is found to need repair or maintenance. Lessee acknowledges the Lessor has no responsibility to inspect the Equipment and/or vehicles while in the possession of the Lessee.

15. FINANCE CHARGE. A Finance Charge of 1 ½% per month (annual percentage of 18%) will be charged on accounts over 30 days past due. In the event a suit is brought to enforce collection, the customer shall be liable for reasonable attorney’s fees and cost of suit.