1. INSPECTION. Customer acknowledges that he has had an opportunity to personally inspect the equipment, and finds it suitable for his needs and in good condition, and that he understands its proper use. Customer further acknowledges his duty to inspect the equipment prior to use and notify Dealer of any defects.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Dealer who will replace the equipment with similar equipment in good working order, if available. Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.
3. HOLD HARMLESS AGREEMENT. Customer agrees to assume the risks of, and hold Dealer harmless for, property damage and personal injuries caused by the equipment and/or arising out of Dealer’s negligence.
4. PROHIBITED USES. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this contract:
- Use for illegal purposes or in illegal manner.
- Use when the equipment is in bad repair or is unsafe.
- Improper, unintended use or misuse.
- Use of anyone other than Customer or his employees, without Dealer’s written permission.
- Use at any location other than the address furnished Dealer without Dealer’s written permission.
5. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. Dealer may assign his rights under this contract without Customer’s consent,but will remain bound by all obligations herein.
6. TIME OF RETURN. 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 the essence of this contract. Any extension must be mutually agreed upon in writing.
7. LATE RETURN. Customer agrees to return the rented goods during Dealer’s regular store hours, upon termination of the rental period. If not timely returned, Customer shall pay an additional charge of 100% for first day,175 % for second day, 225% for 3rd day and 250% for 4th day.
8. DIRTY, DAMAGED OR LOST EQUIPMENT. Customer agrees to pay for any damage to or loss of goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Dealer. Customer also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost goods. Equipment damaged beyond repair will be paid for at its Fair Market Value when rented. The cost repairs will be borne by Customer, whether performed by Dealer, or, at Dealer’s option, by others.
9. COLLECTION COSTS. Customer agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of Dealer’s rights under this contract.
10. REPOSSESSION. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.
11. LOADING AND UNLOADING GOODS. Customer is responsible for loading and unloading the goods. If Dealer’s employees assist in loading or unloading the goods, Customer agrees to assume the risk of, and hold Dealer harmless for, any property damage or personal injuries, including damage or injuries attributable to the negligence of the Dealer or his employees.
12. DISCLAIMER OF AGENCY. Customer acknowledges that he is not the agent of Dealer for any purpose.
13. FAILURE TO RETURN GOODS DURING BUSINESS HOURS. In the event the goods are not returned during Dealer’s regular business hours, Customer agrees to pay for any damage to or loss of the goods, occurring between the time of return and the commencement of Dealer’s next business day.
14. DISCLAIMER OF MANUFACTURE. Customer agrees that Dealer is neither the manufacturer of the goods nor the agent of the manufacturer.
15. USE OF GOODS. Customer agrees that the goods shall be used only by persons competent in their operation and further agrees that he is solely responsible for providing competent operators. Customer may not sublease or loan the equipment without Dealer’s permission. Any purported assignment by Customer is void.
16. TITLE. This agreement is not a contract of sale. Title to the goods is and shall remain in Dealer.
17. SEVERABILITY. The provisions of this agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
18. INDEMNITY. Customer agrees to indemnify and reimburse Dealer for all liabilities to Customer, his agents or third parties, arising out of the use of the goods or a breach of this contract by Customer, including those arising fromDealers negligence.
19. NOTICE. Failure, refusal or neglect to return the rental property within 72 hours after the agreed rental period has expired, or the presenting of false, fictitious or misleading identification to the Dealer shall be prima facie evidence of an intention to commit larceny.
STORE HOURS: MONDAY Thru SATURDAY 10am - 5pm
