TERMS: Customer’s rental of Equipment is conditioned upon Customer’s agreement with this contract.All of the terms herein are incorporated into this and all future contracts between L&B Equipment Rental LLC. customer upon Customer’s receipt of L&B’s Equipment under those contracts. Any reference in Customer’s purchase order or other Customer document shall be void. “CUSTOMER” is identified on the front side hereof and includes any of its owners, representatives or employees or anyone signing this Contract on their behalf. “EQUIPMENT” is the equipment identified on the front side hereof, together with all replacements, repair, additions, attachments, and accessories thereto and all future Equipment rented. “ADDRESS” is the location that Customer represents the Equipment will be located during the Rental Period and is identified on the front side hereof. Customer rents Equipment from L&B pursuant to this Contract. Customer shall pay L&B the rental rates (including any minimum rental on the front side hereof) and other charges described herein when due, return the Equipment to L&B as required herein and otherwise comply with this Contract. This Contract is a true lease. The Equipment is and shall remain the personal property of L&B and shall not be affixed to any other property.
PERMITTED USE: Customer warrants that: Prior to each use, Customer has inspected the Equipment to confirm that it is in good condition, without defects, including readable decals and operating and safety instructions and is suitable for Customer’s intended use, Any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if Customer requests, Customer authorizes L&B to leave the Equipment at the Site Address without requirement of written receipt). Customer shall immediately notify L&B if equipment is lost, damaged, stolen, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or if any incident occurs. Customer has received from L&B all information needed regarding the operation of Equipment. L&B is not responsible for providing operator or other training unless Customer specifically requests and L&B agrees to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use). Only authorized individuals shall use and operate the Equipment (Those being those who are properly trained to use the Equipment and who are not under the influence of drugs or alcohol or otherwise impaired). The Equipment’s use shall be in a careful manner, in compliance with all operational and safety instructions provided on, in or with the Equipment and all Federal, State, local laws, permits and licenses, including but not limited to, OSHA, as revised. The Equipment shall be kept in a secure location.
PROHIBITED USE. Customer shall not alter or cover up any decals or insignia on the Equipment or remove any operational or safety instructions, Assign its rights under this contract. Move the Equipment from the Site Address without L&B’s written consent. Or use the Equipment in a negligent, illegal, unauthorized or abusive manner, or in any publication (print, audiovisual or electronic) nor allow the use of the Equipment by any unauthorized individual (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties)
MAINTENANCE: Customer shall perform routine maintenance of the Equipment, including routine inspections and maintenance of fuel/oil levels, grease, leaks, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications. All other maintenance or repairs may only be performed by L&B, but L&B has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If L&B determines that repairs to the Equipment are required, other than Ordinary Wear and Tear,(means normal deterioration considered reasonable in the equipment rental industry for on shift use.) Customer shall pay the full cost of repairs and rental of the Equipment until the repairs are completed. L&B has the right to enter and inspect the Equipment wherever located. Customer has the authority to and hereby grants L&B the right to enter the physical location of the Equipment for the purposes set forth herein. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for L&B’s breach of the Contract. Notwithstanding L&B’s service commitment, L&B shall have no obligation if Customer breaches the contract to stop the rental period, commence repairs or rent other equipment to Customer until Customer or its agent has inspected such Equipment and agreed to pay for such costs.
CUSTOMER LIABILITY DURING RENTAL PERIOD, CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE POSSESSION, CUSTODY AND OPERATION OF AND FULL RESPONSIBILITY FOR THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATHER, RENTAL CHARGES, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORT, LOADING AND UNLOADING. “Incident” is any fine, citation, theft, accident, casualty, loss, injury, death or damage to person or property, claimed by any person, or entity that appears to have occurred in connection with the Equipment. After an Incident, Customer shall immediately notify L&B, the police, if necessary and Customer’s insurance carriers. Secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until L&B or its agents investigate. Immediately submit to L&B copies if all police and other third party reports;and as applicable, pay L&B, in addition to other sums due herein the rental rate for Equipment until the repairs are completed or Equipment replaced plus (i) the manufacturer’s suggested list price on the date of the loss (“MSLP”) of the lost or destroyed Equipment (“Lost” being when Equipment’s location is unknown, or Customer is unable to recover for a period of 5 days); or the full cost of repairs of damaged equipment. Accrued rental charges shall not be applied against these accounts. L&B shall have the immediate right, but not obligation, to reclaim my equipment involved in any incident.
RELEASE AND INDEMNIFICATION, TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES. RELEASES. HOLDS L&B HARMLESS AND AT L&B, REQUEST, DEFENDS L&B (WITH COUNSEL APPROVED BY L&B), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY TO OR DEATH OF, ANY PERSON OR CONTAMINATION OR POSSESSION OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD, BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER'S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THE CONTRACT, ALL OF THE CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER THIS CONTRACT BE JOINT AND SEVERAL. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES THAT THIS CLAUSE SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
INSURANCE. During the rental period, customer shall maintain, at its own expense, the following minimum insurance coverage; General liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s Contractual liabilities herein such as the release and indemnification clause contained in Section 7. Property insurance against loss by all risks to the Equipment, in an amount at least equal to the MSRP thereof, unless RPP is elected and paid for; Worker’s compensation insurance as required by law; and automobile liability insurance (including comprehensive and collision coverage, a non-owned vehicle endorsement and uninsured/underinsured motorist coverage), in the same amounts set forth in subsections and if the Equipment is to be used on any roadway, Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name L&B as an additional insured (including an additional insured endorsement) and lost payee, and provide for L&B to receive at least 30 days prior written notice of any cancellation or material change. Any insurance that excludes boom damage or overturns is a breach. Customer shall provide L&B with certificates of insurance evidencing the coverages required above prior to any rental and any time upon L&B’s request. To the extent L&B carries any insurance, L&B’s insurance will not be considered excess insurance. THE INSURANCE REQUIRED HEREIN DOES NOT RELIEVE CUSTOMER OF ITS RESPONSIBILITIES, INDEMNIFICATION OR OTHER OBLIGATIONS PROVIDED HEREIN, OR FOR WHICH CUSTOMER MAY BE LIABLE BY LAW OR OTHERWISE.
RENTAL RATES: The total charges specified in this Contract are: estimated based upon Customer’s representation of the estimated Rental Period identified on the front side here of (rental rates beyond the estimated Rental Period will be charged); and for the Equipment’s use for “one shift”, being not more than 10 hours per day and 70 hours per week. Weekly rental rates shall not be prorated, Customer is responsible for all rental rates, fees, licenses, taxes and governmental charges based on Customer’s use of the Equipment, Including additional fees for more than “one shift” use; Delivery and pickup cost to and from the store; Maintenance, repairs and replacements to the Equipment as provided herein; A cleaning fee if required; Fees for lost keys; Fuel used during the Rental Period (Customer may either return the Equipment fully fueled or Pay a fuel charge (designed to cover L&B’s direct and indirect costs of refueling the Equipment).
PAYMENT: Customer shall pay amounts due, in full up front at time of rental.Customer must notify L&B in writing of any disputed amounts, including credit card charges, within 14 days after the receipt of contract or customer shall be deemed to have irrevocably waived its right to dispute such amounts. At L&B’s discretion, an delinquent account balance may be placed on a cash basis, deposits may be required and the Equipment may be picked up without notice. Customer agrees that if a credit/debit card is present to pay for charges,Customer Authorizes L&B to charge the credit/debt card all amounts shown on the contract and charges subsequently incurred by Customer, including but not limited to, loss of/damage to Equipment and extension of the original Rental Period.
RETURN OF EQUIPMENT. “Rental period” commences when the equipment is delivered to customer or the site address and continues until the equipment is returned to the store during hours provided customer has otherwise complied with his contract.L&B may terminate this contract at any time, for any reason. At the end of the rental period, the equipment shall be returned to L&B in the same condition it was received, less ordinary wear and tear and free of any hazardous materials and contaminates. The rental period and this contract shall not terminate and rental charges shall continue to accrue until L&B confirms that the equipment is returned in the condition required herein. If L&B delivered the equipment to the customer, Customer shall notify L&B that the equipment is ready to be picked up at the site address; provided customer remains liable for any loss or damage to the equipment until L&B confirms that the equipment is returned in the condition required. If the equipment is not returned by the estimated end of the rental period specified on the front side hereof, the customer agrees to pay the applicable rental rate for the equipment until the end of the rental period.
DEFAULT. Customer shall be in default if customer fails to pay sums when due, breaches any provision of this contract. Becomes a debtor in a bankruptcy proceedings, or goes into receivership. Places the equipment at risk if L&B in good faith, deems itself insecure. Fails to return equipment immediately upon L&B demand; or Is in default under any other contract with L&B. If a customer default occurs, L&B shall have in addition to all rights and remedies at law or in equity, the right to repossess the equipment without judicial process or prior notice. Customers shall pay all of L&B costs, including reasonable costs of collection, court costs and attorney's fees, incurred in exercising any of its rights or remedies herein. The use of false identification to obtain equipment or the failure to return equipment by the end of the rental period may be considered theft, subject to criminal prosecution and civil liability where permitted. L&B shall not be liable due to seizure of equipment by order of governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST L&B FOR SUCH REPOSSESSION.
LIMITATIONS OF L&B LIABILITY, IN CONSIDERATION OF THE RENTAL OF THE EQUIPMENT , CUSTOMER AGREES THAT L&B LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM L&B OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT.
JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY LAW, IN ANY ACTION TO ENFORCE OR INTERPRET THIS CONTRACT, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.
EXPORT OF EQUIPMENT. Customer agrees that removal of the equipment from the United States is prohibited under this contract.