TERMS: NET CASH 10 DAYS. A 1.5% TIME DIFFERENTIAL CHARGE PER MONTH, (18% PER ANNUM) WILL BE ADDED TO ANY AMOUNTS DELINQUENT OVER 30 DAYS. LESSOR, AT LESSOR'S SOLE DISCRETION, MAY REVERT ALL CHARGES TO THE DAILY RATE IF ANY MONTHLY STATEMENT OR INVOICE IS NOT PAID WITHIN 30 DAYS OF THE INVOICE DATE.
BY SIGNING THIS RENTAL AGREEMENT THE RENTER ACKNOWLEDGES RECEIPT OF INSTRUCTION/TRAINING ON HOW TO OPERATE THE EQUIPMENT.
1. CONDITION OF EQUIPMENT
CUSTOMER ACKNOWLEDGES RECEIPT OF THE DESCRIBED RENTED EQUIPMENT. THE PARTIES AGREE THAT THE EQUIPMENT WAS INSPECTED BY LESSOR AND PERSONALLY EXAMINED BY CUSTOMER AT THE TIME OF DELIVERY TO AND ACCEPTANCE BY CUSTOMER AND THAT THE EQUIPMENT WAS IN GOOD AND SERVICEABLE CONDITION.
2. USE OF EQUIPMENT
LESSOR SHALL RETAIN TITLE TO ALL RENTED EQUIPMENT AT ALL TIMES. ONLY THE PARTIES HERETO AND SUCH OTHER PERSONS WHOSE NAMES ARE ENDORSED HEREON ARE AUTHORIZED TO USE SAID EQUIPMENT. CUSTOMER WILL NOT PERMIT THE RENTED EQUIPMENT TO BE USED BY ANY OTHER PERSON OR AT ANY OTHER ADDRESS OTHER THAN THE PLACE DESIGNATED HEREON WITHOUT THE EXPRESS WRITTEN CONSENT OF LESSOR. CUSTOMER WILL NOT PERMIT THE RENTED EQUIPMENT TO BE USED IN OR AROUND ANY FIRE, INCLUDING DEBRIS BURNING, OR EXPOSE THE EQUIPMENT TO RADIOACTIVE, HAZARDOUS, OR CONTAMINATED SUBSTANCES. CUSTOMER WILL NOT PERMIT THE RENTED EQUIPMENT TO BE USED BY AN UNLICENSED OPERATOR OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. CUSTOMER WILL PROPERLY TRANSPORT, MAINTAIN AND SECURE EQUIPMENT AT ALL TIMES.
3. NO WARRANTY
PARTIES AGREE THAT LESSOR IS NOT THE MANUFACTURER OF SAID EQUIPMENT AND THAT NO WARRANTY AGAINST PATENT OR LATENT DEFECTS IN MATERIAL, WORKMANSHIP OR CAPACITY IS GIVEN.
4. RISK OF USE
ALL EQUIPMENT IS USED AT CUSTOMER'S RISK. CONDITIONS WHICH PREVENT SATISFACTORY OPERATION OF EQUIPMENT DO NOT RELIEVE CUSTOMER OF RESPONSIBILITY FOR RENTAL CHARGES.
5. DAMAGE TO EQUIPMENT
ALL EQUIPMENT LOST OR DAMAGED BEYOND REPAIR WILL BE PAID FOR BY THE CUSTOMER AT NEW REPLACEMENT M.S.R.P. VALUE WITHOUT REGARD TO DEPRECIATION. REPAIRABLE DAMAGED EQUIPMENT WILL BE REPAIRED BY LESSOR AT CUSTOMER EXPENSE. RENTAL CHARGES SHALL ACCRUE UNTIL THE EQUIPMENT IS REPAIRED. LESSOR SHALL BE UNDER NO OBLIGATION TO COMMENCE REPAIR WORK UNTIL CUSTOMER HAS PAID FOR ESTIMATED COST OF NECESSARY REPAIR. ACCRUED RENTAL CHARGES CANNOT BE APPLIED AGAINST THE PURCHASE PRICE OR COST OF REPAIRS OF SUCH DAMAGED OR LOST EQUIPMENT. ALL CARTAGE CHARGES MUST BE BORNE BY CUSTOMER.
6. RENTAL / CLEANING
SCHEDULE RENTAL RATES BEGIN WHEN EQUIPMENT LEAVES OUR STORE AND CONTINUES UNTIL RETURN THERETO. A CLEANING CHARGE OF $75.00 PER HOUR WILL BE MADE ON ITEMS RETURNED UNCLEAN.
7. RETURN OF EQUIPMENT
CUSTOMER AGREES TO REDELIVER SAID EQUIPMENT ON OR BEFORE SAID TIME AND DATE AND THE CUSTOMER SHALL HAVE NO LAWFUL RIGHT TO POSSESSION OF THE EQUIPMENT DESCRIBED HEREIN AFTER THE EXPIRATION OF THIS CONTRACT. FLORIDA STATUTE 812.155. LESSOR, AT LESSOR'S SOLE DISCRETION, MAY REPORT PROPERTY STOLEN IF HELD (5) FIVE DAYS BEYOND "DUE IN" DATE.
8. ATTORNEY'S FEES / VENUE
CUSTOMER SHALL BE RESPONSIBLE FOR LESSOR'S ATTORNEY'S FEES AND COSTS IN COLLECTING ALL SUMS DUE UNDER THIS CONTRACT, WHETHER OR NOT SUIT IS FILED. VENUE FOR ANY LITIGATION ARISING OUT OF THIS CONTRACT SHALL BE IN UNION COUNTY, FLORIDA.
9. INDEMNIFICATION AGREEMENT
CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS LESSOR, ITS EMPLOYEES, AGENTS AND SUBSIDIARIES FROM AND AGAINST ALL CLAIMS LIABILITIES, LOSSES, DAMAGES TO PERSONS, PROPERTY OR OTHERWISE, AND EXPENSES, OF EVERY CHARACTER WHATSOEVER, RESULTING FROM THE ACTIONS (NEGLIGENT OR OTHERWISE) OF CUSTOMER, CUSTOMER'S EMPLOYEES AND CUSTOMER'S SUBCONTRACTOR. INCLUDING REASONABLE ATTORNEY'S FEES PAID BY LESSOR DEFENDING SUITS AND CLAIMS, ETC.
10. LOSS DAMAGE WAIVER
LOSS DAMAGE WAIVER IS AN OPTIONAL PROVISION WHEREIN NORTH FLORIDA EQUIPMENT RENTALS (LESSOR) MAY AGREE NOT TO SUE THE CUSTOMER FOR LOSS OR DAMAGE TO THE LEASED EQUIPMENT IN EXCESS OF THE CUSTOMER’S DEDUCTIBLE (MAXIMUM LIABILITY AMOUNT), SUBJECT TO THE RULES SET FORTH IN THE ATTACHED LOSS DAMAGE WAIVER POLICY, IF APPLICABLE. LOSS DAMAGE WAIVER SHALL ONLY APPLY TO CONTRACTS WHERE A LOSS DAMAGE WAIVER POLICY IS PAID FOR IN FULL AT THE TIME OF RENTAL.
11. REASONABLE WEAR & TEAR AND RENTAL TIME LIMITS
CUSTOMER IS RESPONSIBLE FOR ANY CHANGES IN THE CONDITION OF THE EQUIPMENT DURING THE RENTAL PERIOD, REASONABLE WEAR AND TEAR ACCEPTED. REASONABLE WEAR AND TEAR IS ONLY THE NORMAL DETERIORATION OF EQUIPMENT CAUSED BY ORDINARY AND REASONABLE USE ON THE ONE SHIFT (8 HRS. DAILY, 40 HRS. WEEKLY, 160 HRS. PER 4 WEEKS) BASIS AND DOES NOT INCLUDE ANY OF THE OCCURRENCES EXCEPTED FROM THE LOSS DAMAGE WAIVER DESCRIBED IN PARAGRAPH #10. USE OF THE EQUIPMENT IN EXCESS OF 8 HOURS DAILY, 40 HOURS WEEKLY, OR 160 HOURS PER 4 WEEKS, SHALL BE BILLED TO CUSTOMER AT THE HOURLY RATE.
12. EQUIPMENT WILL BE PLACED ON RENT FULL OF FUEL AND NEEDS TO BE REFUELED BY THE CUSTOMER ON RETURN. IF THE UNIT IS RETURNED LESS THAN FULL THE CUSTOMER WILL BE AUTOMATICALLY CHARGED FOR FUEL USED TO REFUEL.