Rental Contract

DISCLAIMER OF MANUFACTURER. Customer agrees that the Dealer is neither the manufacturer of the equipment nor the agent of the manufacturer.

USE OF EQUIPMENT. The customer agrees that the equipment shall be used only by persons competent in their operation and further agrees that the customer is solely responsible for providing competent operators.

TITLE. This agreement is not a contract of sale. Title to the equipment is and shall remain the Dealer’s.

ATTEMPTED LEVY. The customer will give the Dealer immediate notice of any levy attempted upon said equipment or if said equipment from any cause becomes liable to seizure, and to indemnify the Dealer against all loss and damages caused by any such action, including the Dealer’s reasonable attorneys’ fees and expenses.

INSPECTION, REPAIRS, AND MAINTENANCE. The Dealer is required to supply the equipment in good operating condition. The customer acknowledges by signing this contract that he has had an opportunity to personally inspect the equipment, has received instructions from Dealer for the safe use of the equipment, including manufacturer’s safety warning and instructions, if any, and accepts the equipment as being suitable for his needs and in good operating condition, and that he understands its proper and safe use. The Customer agrees that he will pay all cost of repairs during this rental period, including labour, materials, parts, and other items, except for normal wear and tear. “Normal wear and tear” are defined as use of the equipment under normal work conditions with qualified personnel providing proper operation, maintenance, and service. If repairs exceeding the normal wear and tear are necessary upon the return of the equipment, Dealer is authorized to make such repairs and bill the customer. Customer agrees not to cover, alter, substitute, or remove any identifying insignia displayed on the equipment. The customer will not permit the equipment to be abused, overloaded, or used beyond its capacity.

REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair, the Customer agrees to discontinue use and notify dealer. The Dealer will replace the equipment with similar equipment in good working order, if available, when the equipment becomes unsafe or in disrepair as a result of normal use. The Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.

WARRANTIES. There are no warranties of merchantability or fitness either express or implied. The Customer acknowledges and agrees that there is no warranty that the equipment is suited for the customer’s intended use, or that it is free from defects.

INDEMNITY AND HOLD HARMLESS AGREEMENT. The Customer agrees to and shall indemnify and hold harmless the Dealer, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the use of the equipment or breach of this contract by Customer, regardless of whether such injuries, death, or damages are caused in whole or in apart by the negligence of the Owner. It is the expressed intention of the parties hereto, both the customer and the Dealer, that the indemnity provided for in this paragraph is indemnity by the Customer to indemnify and protect the Dealer from the consequences of the Dealer’s own negligence, whether that negligence is the sole or a concurring cause of the injury, death, or damage.

PROHIBITED USE: Use of the equipment in the following circumstances is prohibited, and constitutes, a breach of contract: a) use for illegal or in an illegal manner. b) use when the equipment is in bad repair or is unsafe. c) improper, or unintended use or misuse. d) use by anyone other than the Customer employees without the Dealer’s written permission. e) use at any location other than the address furnished by the Dealer without the Dealer’s written permission.

ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT: The Dealer may assign his/her rights under this contract without the Customer’s consent but will remain bound by all obligations herein. The Customer may not sublease or loan the equipment without the Dealer’s written permission. Any purported assignment by the Customer is void.

DEPOSIT AND RESERVATION AMOUNT: Deposit does not cover replacement and/or repair of damage to equipment but can be applied toward cleaning charges, late returns charges, repair, or replacement of any damage to or loss of the equipment and may not cover total charges. Reservation amount, if any, paid to the Dealer by the customer to reserve equipment for future rental is non-refundable and may not be applied toward rental or other charges. The Dealer shall not be liable to the customer for any claim of damages, including consequential damages incurred by the Customer, arising out of the Dealer’s inability to supply equipment previously reserved due to events beyond the Dealer’s control. In such an event. The Customer’s sole remedy shall be limited to refund of the reservation amount, if any, paid to the Dealer.

TIME OF RETURN: The Customer’s right to possession terminates on the expiration of the rental period, and retention of possession after this time constitutes a material breach of this contract. Time is of the essence for this contract. Any extension must be mutually agreed upon in writing.

LATE RETURN: The Customer agrees to return the rented equipment during the Dealer’s regular office hours (Monday-Friday, 8am-4:30pm), upon termination of the rental period. If not returned on time, the rental rate shall continue until the equipment is returned.

FAILURE TO RETURN EQUIPMENT DURING BUSINESS HOURS: In the event the equipment is not returned during the Dealer’s office hours, the customer agrees to pay for any damage to loss of equipment occurring between the time of return and the commencement of Dealer’s next business day.

REPOSSESSION: Upon failure to pay rent or other breach of this contract, the Dealer may terminate this contract and take possession of or peaceably remove the equipment from wherever it is located, the Dealer and his agents shall not be liable for any claims for damage or trespass arising from the removal of the rented equipment.

SUIT AND COLLECTION COST: The customer agrees that any suit on or by reason of the Customer’s obligation under this contract may be brought against him/her in Fayette/Bastrop County, Texas where the performance is to occur. The customer agrees to pay all reasonable collections, attorneys’ and court fees and other expenses involving in the collection of the charges or enforcement of the Dealer’s rights under this contract.

UNCLEAN, DAMAGED, OR LOST EQUIPMENT: The customer agrees to pay for any unclean, damaged to or lost equipment including: a) loss or theft of accessory equipment, such as welding leads, electrical cords, bits, batteries, hoses, etc. b) loss by wilful neglect or abuse. c) mysterious or unexplained damage or disappearance. d) theft by person(s) entrusted with the equipment. e) any losses or damage whatsoever to truck(s) and scaffolding. f) damage to or flat tire(s). g) damage due to neglect or abuse to the equipment, regardless of cause. Except for reasonable wear and tear while the equipment is out of the possession of the Dealer, and until the equipment is returned to the Dealer or an authorised representative of the Dealer. The customer also agrees to pay a reasonable cleaning charge for equipment that is returned unclean. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or loss of equipment. Equipment that is damage beyond repair will be paid for at it’s fair market value when rented. The cost of repairs will be borne by the Customer, whether performed by the Dealer or at Dealer’s option, by others. The customer agrees to furnish the Dealer with a policy report on all losses.

DELIVERY AND PICK-UP BY THE DEALER: The Customer agrees to notify the Dealer of required delivery and/or pick-up of the equipment by the Dealer, a minimum of 24hrs before equipment is to be picked-up and the customer shall have the equipment ready and available for pick-up, a minimum of 3 hours prior to the Dealer’s normal closing time, which is 4:30pm. The Dealer will only deliver or pick-up equipment during the Dealer’s regular business hours, unless arrange otherwise by the Dealer.

LOADING AND UNLOADING EQUIPMENT: The customer is responsible for loading and unloading the equipment. If the Dealer’s employees or agents assist in loading or unloading the equipment, the customer agrees to assume the risk of, and hold harmless the Dealer, it’s agents or employees, for any property damage, personal injuries, regardless of whether such injuries or damage are caused in whole or in part by the negligence of the Dealer, it’s agents or employees.

NOTICE OF NON-WAIVER: The failure of the Dealer at any one or more times to insist upon strict performance by the customer of the terms and conditions of this agreement shall not be construed as a waiver of the Dealer’s rights to demand strict compliance.

INTEGRATION: This agreement comprises the entire agreement between all parties, and it is acknowledged that there are no understandings, representation, warranties or promises, verbal or otherwise, pertaining to this agreement or the equipment, which are not incorporated herein.

SEVERABILITY: The provisions of this agreement shall be severable so that the invalidity, unenforceability, or waiver of any of the provisions or portions thereof shall not affect the remaining provisions or portions thereof.

DISCLAIMER OF AGENCY: The customer must acknowledge that he is not the agent of the Dealer for any purpose.

TIRE REPAIR OR REPLACEMENT. The customer acknowledges that repair and/or replacement of tires are not included in the rental rate and agrees to pay for the repair or replacement of any tires returned to the Dealer in a damaged condition, regardless of the cause of the damage, reasonable wear and tear excepted.