1. PHYSICAL CONDITION OF RENTAL ITEMS
You acknowledge that prior to taking the rental item(s) you examined it, saw it in operation, and are aware of its condition except for any defect noted on this contract. It is your responsibility to return the rented item(s) to dealer in same condition, except for ordinary wear and tear.
2. USE OF THE ITEM(S)
You agree that you are satisfied with the instruction given by dealer in the proper and safe manner of using the item(s) or that you are so familiar and told the dealer that you were. You further agree that the item(s) will be used only at the address designated and only for the purpose for which the item(s) was manufactured and intended. Subleasing or improper use is prohibited. You have read and understand the manual, written operating instructions and warnings supplied for the equipment.
3. RESPONSIBILITY FOR USE AND DISCLAIMER OF WARRANTIES
You are responsible for the use of the rented item(s). You assume all risk inherent in the operation and the use of the item(s) and agree to assume the entire responsibility for the defense of, and to pay, indemnify and hold dealer harmless from, and hereby release dealer from, any and all claims for damage to property or bodily injury (including death) resulting from the use, operation or possession of the item(s), whether or not it be claimed or found that such damage or injury resulted in whole or in part from dealer(s) negligence, from the defective condition of the item(s) or from any cause. You agree that no warranties, expressed or implied, including merchantability or fitness for a particular purpose have been made in connection with the equipment rented.
4. RESPONSIBILITY FOR EQUIPMENT
From the time the item(s) is rented out until it is returned, you are responsible for it. If the item(s) is lost, stolen, or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the item(s). If the item(s) is returned not clean, a cleaning charge will be imposed at \$75 per hour.
5. ITEM(S) FAILURE
You agree immediately to discontinue the attempt to use the rented item(s) should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify dealer of the facts. Dealer agrees in its discretion to make the item(s) operable within a reasonable time, or provide you with a like item if available, or make a like item available at another time, or adjust the rental charges. This provision does not relieve you of the obligations imposed by other paragraphs including 4 and 6. In all events, dealer shall not be responsible for any injury or damage, including consequential damage, resulting from failure or defect of rented item(s).
6. RETURN OF ITEM(S)
The rented item(s) is dealer's property and is rented to you subject to this contract for rental charges and for the period of time noted on this contract. If you desire to extend the term of this rental beyond the time and date specified you must immediately notify dealer to obtain our approval, the terms for such extension and a modification of this contract (see Paragraph 9). If this agreement has not been extended and you fail to return the item(s) when due in; dealer, to enforce its property ownership of the item(s) and to protect its interest under this contract may retake the item(s) at any time and to do so dealer or its representatives may enter your property and you hereby waive any right of action against dealer for such entry and retaking. In addition you acknowledge that the failure to return rented item(s) within the contracted time and the sale or concealment of returned item(s) are prohibited and that such action may constitute a crime.
7. CHARGES AND PAYMENTS
You are responsible for the rental charges from the time the item(s) out as specified on this contract until it is returned, and other charges hereunder. Return the item(s) promptly, clean, and in good condition. You and your representative, agent, or principal shall be responsible for and shall dealer all charges hereunder. All charges are due upon return of the item(s) and on demand. If the rental charges are charged to someone other than the renter, the renter represents he/she is the agent of such party and has the right to charge this rental; the renter nevertheless will remain liable for the charges and for the other obligations and responsibilities of the renter hereunder. If the rental charges are not paid within 10 days of their due date, dealer at its discretion may recalculate all charges on a daily rental basis.
8. COLLECTION COSTS
You agree to pay attorney fees, collection fees, court costs, and any other expenses incurred in collecting any charges under this agreement, in retaking the rental item(s) or otherwise in enforcing the terms of this contract.
9. MODIFICATION OF CONTRACT
This paper represents our entire contract, and there are no collateral, oral, or other agreements outstanding. None of the dealer's rights may be changed and no extension of the term of this contract. Responsibility and liability is renter’s obligation until item(s) are returned, even outside of terms of this contract.