TERMS AND CONDITIONS OF RENTAL
In consideration of the hiring of the Equipment described without operator.by the undersigned, (thereinafter referred to as the "Renter") from the company named on reverse side (hereinafter referred to as the "Dealer") upon the terms and conditions and for the price herein specified, it is agreed as follows:
1. RENTAL AND TERM begins on the date & time specified as "Taken Out" and terminates on the date and time specified as "DUE IN" unless amended in writing on the reverse of this contract. Rental charges commence on delivery of equipment to renter and ends upon return of equipment to Dealer's premises. Dealer may terminate Rental at any time and take possession of the equipment. Renter agrees to pay on return of Equipment to Dealer's premises all charges and costs for the use thereof. Renter's right to use the Equipment terminates on the expiration and due dates set forth above unless extended in writing by Dealer.
2. CONDITIONS OF HIRING, INSPECTION PRIVILEGE AND WAIVER OF DEFECTS. Renter accepts and fires the Equipment on as "as is" basis. Renter acknowledges receipt of all the equipment in good working condition and repair and declares that Rental fully understands its proper operation and use. Renter acknowledges and declares that Renter has examined the Equipment and all hitches, bolts, safety chains, hauling tongues, together will all devices and materials used to connect the Equipment to Renter's towing motor vehicle, if any, and Renter declares that he has received all of such Equipment in a secure and operative condition. Renter is responsible for loading and unloading the goods. If the Dealer's employees assist in loading or unloading the goods, the Renter agrees to assume the risk of, and hold the Dealer harmless for any property damage or personal injuries, including damage or injuries attributable to the negligence of the Dealer or his employees. Renter agrees to return the Equipment to Dealer's premises upon the expiration and due date hereof in as good condition as when received by Renter 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, dive days per week) basis. Renter agrees to pay immediately all charges and costs incurred.
3. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. Renter will immediately discontinue use of the personal property should it at anytime, following th execution of this agreement or any subsequent agreement become unsafe or in a state of disrepair. Furthermore, the Renter will immediately notify Dealer that the Equipment is unsafe or in disrepair and until such time as Dealer 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. COMPLIANCE WITH LAWS. Renter acknowledges that Dealer has no control over the use of Equipment by Renter, and Renter agrees at his sole expense, to comply with all municipal, county, state and federal laws, ordinances and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the Equipment while it is in the possession of and use by the Renter. Renter shall not permit any persona who is not legally qualified to use Equipment.
5. RENTER'S LIABILITY FOR MISUSE OF EQUIPMENT. Renter shall not abuse, harm or misuse the Equipment. Renter shall not permit any repairs to be made or lien to be placed upon the Equipment without Dealer's written consent. 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 therefor and shall hold Dealer harmless from any claims or actions arising therefrom. Renter shall furnish Dealer with a complete report of any accident involving said Equipment, including the names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of the loss or destruction of an part of Equipment, or the loss of possession thereof, or inability to return the same to Dealer, on the expiration and due date, for any reason whatsoever, Renter shall pay Dealer the actual replacement cost thereof, and in addition thereto Dealer's loss of use of said equipment.
6. DISCLAIMER OF WARRANTIES. DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE EQUIPMENT'S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter's sole remedy for any failure of or defect in the Equipment shall be the termination of the rental charges at the time of failure, provided the Equipment is returned to Dealer within 24 hours after such failure. Dealer shall not be responsible for any loss, damage or injury the Renter or Renter's property, including incidental, special or consequential damages, in any way connected with the operation, use, defect in or failure of the Equipment.
7. USE OF DEPOSIT, AND LIABILITY FOR LATE PAYMENT, UPON BREACH BY RENTER. Renter acknowledges that the purpose and intent of the deposit paid by Renter hereunder 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 Renter agrees to pay a late payment penalty at the rate of one and one half (1 1/2%) percent per month on all delinquent accounts.
8. INDEMNIFICATION OF DEALER BY RENTER. Renter expressly indemnifies and holders Dealer harmless of, from and against any and all claims, loss costs, damages, attorney's fee and/or liability in connection with the hiring and use of the Equipment 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 Dealer incurred in connection therewith.
9. THEFT WARNING. Failure to return Equipment on the expiration and due date in certain circumstance, will be considered a theft, resulting in a criminal prosecution,
10. TAXES. Renter agrees to pay any and all taxes, license fees, or permit fees arising out of the hiring and use of the Equipment. Renter agrees to pay said taxes whether said taxes appear as part of the fact of this contract or whether said taxes are later claimed by the government authority, In the event of a claim by any government authority for tgxes arising out of this transaction, Renter agrees to pay to Dealer said taxes upon demand.
11. TITLE. Title to the Equipment is and shall remain in Dealer. If the Equipment is levied upon for any reason whatsoever, Dealer may retake the equipment without notice of legal process, and may take all action reasonably necessary to do so.
12. CONSTRUCTION. The paragraph headings uses herein are for convenience only and are not to be used in construing the meaning or intent of any of the terms or provisions of this Rental Contract.
13. DAMAGE WAIVER. Unless previously accepted or rejected by a separate written agreement by accepting the Damage Waiver, Renter agrees to pay and additional charge as specified on the revers on specified items as may be posted in Dealer's Office. In return therefor, Dealer agrees to waiver certain claims for loss or damage to the Equipment rented as specified herein.
14. Renter acknowledges that any leakage, spillage or other discharge of oil, fuel or fluids from the equipment during Renter's use of same shall be the sole responsibility of th Renter. Dealer shall not be responsible for any damage to property or loss resulting from any such leakage or spillage.
ACCIDENTAL DAMAGE WAIVER
If Renter accepts and pays for Accidental Damage Waiver as specified, subject to the limitations and exclusions below, SUSSEX COUNTY RENTAL CENTER, agrees to to modify the terms of the Rental Contract and relieve the Renter of liability for accidental damage to the items rented on the contract.
Excluded from this Accidental Damage Waiver, however, is any loss or damage due to theft, abuse, theft by conversion, intentional damage, disregard for properly maintenance during equipment operation and mysterious disappearances. If any such losses tends to indicate a crime hay have been committed, a further condition of the waiver is that the Renter must file a report to the properly law enforcement authorities and furnish a copy of such report to SUSSEX COUNTY RENTAL CENTER.
Your liability for loss, or damage to, the Equipment will not be waived in the following circumstance.
1. Use or operation of the Equipment exceeding its rated capacity.
2. Damage to tire, tubes and wheels caused by blowout, bruises, cuts puncture, or other causes inherent in the use of the Equipment.
3. Operation or use of the Equipment in a manner inconsistent with the instructions of the Equipment manufacturer.
4. Damage resulting from overturning or striking overhead objects.
5. Damage resulting from use of the equipment in violation of any terms of this rental contract.
In addition, if the Renter has insurance for the loss or damage, the Renter shall himself exercise and shall empower SUSSEX COUNTY RENTAL CENTER to exercise all rights available to the Renter to obtain recovery under insurance, shall cooperate with SUSSEX COUNTY RENTAL CENTER, to obtain recovery and all insurance proceeds shall be give or assigned to SUSSEX COUNTY RENTAL CENTER.
