In consideration of the hiring of the equipment described, by the undersigned (hereinafter referred to as the “Lessee”) from the company named on the reverse side (thereafter referred to as the "Lessor") upon the terms and conditions and for the price herein specified, it is agreed as follows:

TERMS:  Cash in advance.  Established open accounts are due and payable net 30 days from invoice closing date.  Past due accounts bear late payment penalties at 1 ½% per month.  If contract(s) are in arrears, customer will be billed on a C.O.D. basis until account has been satisfied or at lessor's discretion.

1. RENTAL TERM begins on the date delivered and terminates at the time of pick up or return, unless otherwise specified in writing on the reverse side of this contract.  Lessor may terminate rental at any time and take possession of the equipment.  Lessee agrees to pay in full, ten (10) days before delivery date on reverse side of contract, unless extended in writing by Lessor. Full payment will be due if cancelled by lessee within 10 days prior to scheduled delivery.   Equipment must be returned or accessible for pick up at the specified time and/or day, or additional fees will be charged for time out and/or pick up.  

2. CONDITIONS OF HIRING: Lessee accepts and hires the equipment on an “as is” basis.  All parties agree that Lessor is not the manufacturer nor the agent of the manufacturer and that no warranty is given against evident or hidden defects in material, workmanship, or capacity.  Lessee acknowledges receipt of the equipment in good condition and repair and declares that Lessee fully understands its proper operation and use.  Lessee agrees to allow Lessor to pick up equipment at the expiration of the contract 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 (day) basis.  Lessee agrees to pay immediately any and all charges incurred.

3. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR.  Lesee will immediately discontinue use of the personal property should it at anytime, following the execution of this agreement or any subsequent agreement, become unsafe or in a state of disrepair.  Furthermore, the Lesee will immediately notify Lessor that the equipment is unsafe or in disrepair and until such time as the Lessor has regained possession the Renter agrees to take all steps reasonable necessary to prevent injuries to any person and all property from the Rental Equipment or product.

4. PERMITTED AREA OF USE OF EQUIPMENT.  Without Lessor’s written consent, Lessee shall not remove the equipment from the contracted site in which it is rented.

5. RENTER’S LIABILITY FOR MISUSE OF EQUIPMENT.  Lesee shall not abuse, harm or misuse the Equipment.  Lessee shall not permit any repairs to be made or lien to be placed upon the equipment.  In the event of any accident or casualty resulting in bodily injury or property damages arising out of Renter’s use and hiring of said equipment, Renter agrees to accept all responsibility, and shall hold Lessor harmless from any claims of action arising therefrom.  In case of the loss or destruction of any part of the equipment, or of loss of possession thereof, or inability to return the same to Lessor, on the expiration and due date, for any reason whatsoever, Lessee shall pay Lessor the actual replacement cost thereof, and in addition thereto Lessor’s loss of use of said equipment.  NO cooking or grilling is allowed under tents.  NO attaching anything to any equipment in anyway, including but not limited to taping, stapling, nailing.  Paper mache decorations will bleed, this must not be attached to any equipment.  All china, flatware, and glassware must be rinsed and food free upon return or a cleaning fee will be charged. 

6. DISCLAIMER OF WARRANTIES.  Lessor makes no warranties, express or implied, as to the merchantability or fitness for any particular purpose.

7. USE OF DEPOSIT.  Lessee acknowledges that the purpose and intent of the deposit paid by the Lessee hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance of each and all of the terms, covenants and agreements to be performed by Lessor hereunder. The Lessor will give no refunds in the case of cancellation.   Amount of deposit is considered any amount paid, prior to scheduled event, regardless of whether or not service has been rendered. INDEMIFICATION OF DEALER BY RENTER.  Lessee expressly indemnifies and holds Lessor harmless of, from and against any and all claims, loss, costs, damages, attorney’s fees and/or liability in connection with the hiring and use of the equipment.  This is true regardless of whether a lawsuit is filed in the event a suit is instituted by Dealer to recover possession of said equipment, or to enforce any of the terms, conditions or provisions hereof.  Renter agrees to pay all costs and reasonable attorney’s fees of Lessor incurred in connection therewith.

8. THEFT WARNING.  Failures to return equipment on the expiration and due date in certain circumstances will be considered a theft, resulting in a criminal prosecution.

9. DAMAGE WAIVER.  Unless previously accepted or rejected by a separate written agreement, by accepting the DAMAGE WAIVER, Renter agrees to pay all additional charges, as specified on the reverse on specific items as may be posted in Lessor’s office in return therefore Lessor agrees to waive certain claims for loss or damage to the equipment renter as specified below.

10. RETURNED CHECK FEE.  A fee of $35.00 will be charged for any checks returned for any reason, including but not limited to non-sufficient funds.

 

 

DAMAGE WAIVER

If the Lessee has accepted the DAMAGE WAIVER by not checking his rejection and signing this contract, then Renter shall have no responsibility for physical damage to the equipment EXCEPT the following for which Lessee shall be responsible:

1. In the case of theft, the Lessee shall be responsible for the replacement cost of the equipment.  However, Lesee shall not be responsible if there is evidence of a breaking and entry at the location where the renter was storing the equipment, and if a formal report is filed with the appropriate police authority.

2. Loss or damage to motors or other electrical appliances or devices caused by artificial current.

3. Loss or damage to accessories, such as side poles, stakes, ropes, electrical cords or other similar items.

4. Loss due to mysterious disappearance or shortage disclosed on inventory.

5. Loss or damages due to gross negligence by Renter or others while equipment is in Lessee’s care.

6. Use of the equipment in violation of any of the terms of this agreement.

7. Renter further agrees that Lessor shall be subrogated for any recovery rights that Renter may have for damage to the equipment rented hereunder, in the form of insurance protection for such damage.

If Lessee has insurance covering such loss or damage, Lessee shall exercise all right available to Lessee under said insurance, take all action necessary to process any claim, and Lessee further agrees to assign said claim and pay any and all proceeds from such insurance to Lessor.  Upon request to Dealer, Renter shall furnish name of his insurance agent, insurance company and complete information concerning insurance coverage carried.  Lessor’s waiver of claims against Renter as herein set forth is contingent upon Lessee’s prompt making of and submission to Lessor of copy of police report.  DAMAGE WAIVER IS NOT AN INSURANCE POLICY.

 

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