Wyoming Carburetor & TOOL Rental Agreement Terms & Conditions
1. Rental Payments. Lessee agrees to pay Lessor the rental charge due on the terms set forth in the Agreement, including additional charges indicated below. A monthly finance charge of 1.5% will accrue on all amounts unpaid after 30 days, resulting in an annual finance charge of 18%. Monthly finance charges are cumulative, and all payments by Lessee shall be applied first toward accrued finance charges before being applied toward rent and other charges. Lessee waives existing and future claims and offsets against rent or other payments due and aggress to pay all rent and to perform all obligations hereunder when due regardless of any clam or offset asserted by Lessee. Lessee’s obligations hereunder shall not be suspended or affected by reason of Lessee’s inability to use the Equipment due to any cause. All equipment must be returned CLEAN & with fuel tanks full. Failure to return Equipment CLEAN & full fuel tanks will result in an additional charge payable by Lessee equal to the market price of fuel plus a $75.00 per hour charge, minimum $20.00
2. Inspections, Maintenance, and Security. Lessee 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. Lessee further acknowledges his duty to notify Lessor of any defects. Lessee agrees, at his own expense, to maintain the Equipment in good working order, properly serviced and garaged, including making all necessary repairs and replacements, and to return the Equipment to Lessor upon the expiration or termination of the rental term in the same condition as received, except for ordinary wear and tear. Lessee shall pay for all labor, material and parts required for the proper operation and protection of the Equipment, including expendable items such as lubrication, cable, end bits, cutting edges, belts, and filters. All replacement parts shall be original manufacturers’ parts. Lessee shall be responsible for tire and track damage and shall repair or replace the same. If the Equipment is returned in an unacceptable condition, Lessee shall pay Lessor, upon receipt of an invoice, as additional charges for cleaning, servicing, repairs, and replacements necessary to restore the Equipment to acceptable operable condition, including transportation charges. Equipment shall stay on daily rent until returned to service. Lessee shall not make any additions or alterations to the Equipment. Lessor may place decals or other markings on the Equipment identifying it as its property. Lessee shall operate and store the Equipment at the location(s) specified herein. Lessee agrees to keep the Equipment locked or guarded when not in use. Lessee agrees that Lessor shall have the right to enter any premises where the Equipment may be located to inspect the same and, without notice or liability to Lessee, to remove or disable the Equipment if, in the sole opinion of Lessor, it is being used or cared for improperly.
3. Malfunctioning/Unsafe Equipment. If Equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue use and notify Lessor immediately. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise from Equipment that becomes unsafe or in disrepair.
4. Warranties. There are no expressed warranties by Lessor of any kind with respect to the Equipment. Lessor disclaims the implied warranties of merchantability and fitness for particular purpose. Lessor shall never be liable for consequential or incidental damages related to the Agreement.
5. Hold Harmless Agreement. Lessee agrees to assume the risks of and hold Lessor harmless for, property damage and personal injuries cause by the Equipment/or arising out of negligence by any person.
6. Indemnity. The entire risk of loss or damage to the Equipment during the rental term shall be upon Lessee, and Lessee agrees to indemnity and hold Lessor harmless from and against any and all such loss or damage, and further agrees to indemnify and hold Lessor harmless from and against any and all claims arising out of Lessee’s possession or usage of the Equipment or violation of federal, state or local law. Lessee further agrees to indemnify and hold Lessor harmless from and against any and all claims, liabilities, causes of action, or other legal proceedings, including without limitations, claims based on strict liability, brought by any third party for damage to property, or for injury for death of any person, in anyway arising out of or resulting from Lessee’s exercise of any right under this Agreement, including but not limited to selection, delivery, condition, use, operation, malfunction, storage, ownership, maintenance, repair, or transportation of the Equipment during the rental term. Lessee’s duty to indemnify Lessor shall include an obligation to reimburse Lessor for costs of defending any and all such actions, claims, or other legal proceedings, including attorneys’ fees.
7. Prohibited Uses. It shall be conclusively presumed that the Equipment was in good operating condition when received. To reduce the risk of personal injury or property damage, Lessee agrees that the Equipment will be operated only by properly trained and qualified operators and agrees to take all reasonable precautions to ensure that the Equipment is operated only in a safe and lawful manner. Lessee shall pay all expenses of operating or transporting the Equipment, including expenses related to delivery or return of the Equipment. Use of the Equipment in the following circumstances is prohibited, and constitutes a breach of this Agreement: (a) Use for illegal purpose or in illegal manner; (b) Use when the Equipment is in disrepair or failure to maintain; (c) Improper, unintended use or misuse; (d) Use by anyone other than Lessee or his employees. Lessee may not sublease or loan the Equipment without Lessor’s prior written permission; and/or (e) Use at any location other than the address furnished Lessor.
8. Term. Lessee’s right to possession terminates on the expiration of the rental period, and retention or possession after this time constitutes a material breach of the Agreement. Time is the essence. Any extension must be mutually agreed upon in writing. Lessee is liable for daily rental for all periods beyond the expiration of the rental period.
9. Dirty, damaged or lost Equipment. Lessee agrees to pay for any damage to or loss of the Equipment, as an insurer, regardless of cause for all periods the Equipment is out of the possession of the Lessor. Lessee also agrees to pay a cleaning charge for Equipment returned dirty of no less than $20.00. If Equipment is lost, stolen or damaged beyond repair, then Lessee will be pay Lessor the greater of the replacement cost of the Equipment, or the price that the Lessor paid for the Equipment, to be determined by the Lessor within Lessor’s sole discretion. If Equipment is damaged and subject to being repaired, then the Lessee will pay to Lessor the cost of repair, whether performed by Lessor, or by others, within the Lessor’s sole discretion. Daily rental shall accrue until the Equipment is either replaced or repaired and delivery thereof is made to Lessor. In case of damage or loss, Lessee shall pay to Lessor the cost of transportation of the Equipment to mechanics of Lessor’s choice for inspection and repair, and in the case of theft or loss, Lessee shall pay to Lessor the cost of transporting replacement Equipment to Lessor’s place of business. In the case of loss by theft or other means, Lessee agrees to furnish a police report to the Lessor within 48 hours. Lessee agrees to pay all collection fees, attorney fees, court cost, or any expense involved in the collection of these charges from Lessee, whether incurred by Lessor prior to or during litigation.
10. Repossession. Upon failure to pay rent or other breach of the Agreement, Lessor may terminate this Agreement, without legal process, retake possession of and remove the Equipment from wherever it is, and Lessee shall indemnify Lessor and his agents for any claims for damage or trespass arising out of the removal of the Equipment.
11. Severability. The provisions of the Agreement shall be servable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
12. Waiver of claims. Lessee waives all claims for personal injury or property damage to the Equipment and loss of time or inconvenience arising out of the use or inability to use the rented Equipment.
13. Loading and unloading Equipment. Lessee is responsible for loading and unloading the Equipment. If Lessor or employees assist in loading or unloading the Equipment, Lessee agrees to assume the risk of, and hold Lessor harmless for, any property damage or personal injuries resulting therefrom, including damage or injuries attributable to the negligence of the Lessor or his employees.
14. Damage of Equipment by paint, mud, plasters, concrete, rosin or any other material. Lessee is responsible for cleaning and repainting the Equipment, as required.
15. Charges for Unacceptable Returns. If the Equipment is returned to Lessor in an unacceptable condition, Lessee shall pay Lessor upon receipt of an invoice, as additional charges, for cleaning, servicing, repairs and replacements necessary to restore the Equipment to acceptable, operable condition. The Equipment shall stay on daily rental until repairs are completed and the Equipment is returned to the Lessor, or until the Lessor has received at Lessor’s business location replacement Equipment.
16. Governing Law and venue. This Agreement shall be governed by and construed under the laws of the state of Wyoming. Lessee agrees that any and all suits arising from the performance or breach of this Agreement shall be commenced and maintained only in the courts of Sheridan County, Wyoming, and Lessee irrevocable consents to such venue.
Customer responsible for diminished value on any and all damaged items