RENTAL TERMS AND CONDITIONS
1. The RENTER shall keep and maintain the rented equipment during the term of the rental at the RENTER's own cost and expense, and under terms set out in this agreement. The equipment shall be kept in a good state of repair, normal wear and tear accepted. It is expected that the equipment is being used by a qualified operator, and not in an environment that is likely to cause any damage to the equipment. The equipment may not be transferred to a third party without expressed permission of the OWNER.
2. The RENTER shall pay the OWNER full compensation for replacement and/or repair of any equipment, which is not returned because said equipment, is lost, stolen or damaged and said equipment must be returned in the same condition it was at the time of rental, normal wear and tear accepted. The OWNER's invoice for replacement or repair is conclusive as to the amount the RENTER shall pay under this paragraph for repair or replacement.
3. The OWNER must receive approval in timely fashion should the return time and place, or conditions of the usage change in any significant way.
4. The equipment shall be delivered to the RENTER and returned to the OWNER at the RENTER's risk, cost and expense, should a third party be used. Unless otherwise approved, rental charge will be billed to the RENTER for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned. Additional charges may be incurred if the OWNER is required to obtain replacement equipment due to late return.
5. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used, unless otherwise approved by the OWNER. Acceptance of returned equipment by the OWNER does not constitute a waiver of any of the rights the OWNER has under the rental agreement.
6. The RENTER shall allow the OWNER to enter the RENTER's premises or location where the rented equipment is stored or used at any reasonable time to locate and inspect the state and condition of the rented equipment. If the RENTER is in default of any of the terms and conditions of this agreement, the OWNER, and his agents, at the RENTER's risk, cost and expense may enter the RENTER's premises or on location where the rented equipment is stored or used and recover the rented equipment.
7. The RENTER shall not pledge or encumber the rented equipment in any way. The OWNER may terminate this agreement immediately upon the failure of the RENTER to make rental payments when due, or upon the RENTER's filing for protection from creditors in any court of competent jurisdiction.
8. As the OWNER may not stock replacement items, the OWNER cannot provide a replacement unless through a third party for which will be controlled by the RENTER and only the prepaid amount will be applied. The RENTER may not encumber the equipment as compensation as per #7 above. No repairs may be affected by the RENTER, even by a qualified technician, without prior approval of the OWNER.
9. The RENTER indemnifies and holds the OWNER harmless for all injuries or damage of any kind during use or during repossession and for all consequential and special damages for any claimed breach of warranty.
10. The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by the OWNER in protecting its rights under this rental agreement and for any action taken by the OWNER to collect any amounts due under this rental agreement.
These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of RENTER.