Warranty Terms For Rental Items

The Lessor, hereby rents to the lessee, identified by his signature on this Contract, the personal property described, subject to all terms and conditions of the contract. THe Lessee in consideration thereof, acknowledges and agrees as follows:

1. INSPECTION: The Lessee acknowledges that he has personally inspected the equipment, finds it suitable for his needs and in good condition, that he understands its proper use and agrees to inspect the equipment prior to use and notify the Lessor of any defects. If the equipment does not function properly, notify the lessor within 30 minutes of occurrence or no refund/allowance will be made.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If equipment becomes unsafe or in disrepair, Lessee agrees to discontinue use and notify the Lessor who will replace the equipment with similar equipment in good working order, if available. The Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise. 
3. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. There is no warranty that the equipment suited for the Lessee’s intended use, or that it is free from defects. 
4. HOLD HARMLESS AGREEMENT: The Lessee agrees to assume the risks of and hold the Lessor harmless for, property damage and personal injuries caused by the equipment and/or arising out of the Lessor’s negligence. The Lessee shall indemnify and hold the Lessor harmless from any claims of third parties for loss, injury and damage to their persons and property arising out of the lessee’s possession, use, maintenance or return of equipment, including legal cost incurred in defense of such claims. 
5. PROHIBITED USES: Use of equipment in the following circumstances is prohibited, and constituters a breach of contract:(a) Use for illegal purpose or in illegal manner. (b) improper, unintended use or misuse. (c) Use by anyone other than the lessee or his employee’s, without the lessor’s written permission. (d) Use at any location other than the address furnished by the Lessor without the Lessor’s written permission. 
6. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT: The Lessor may assign its rights under this contract without the Lessee’s consent, but will remain bound by all obligations herein. The Lessee amy not sublease or loan the equipment without the Lessor’s written permission. Any purported assignment by the Lessee is void. 
7. TIME OF RETURN: The Lessee’s right to possession terminates on expiration of rental period and retention of possession after this time constitutes a material breach of this contract. Tie is the essence of this contract Any extension must be mutually agreed upon in writing. The Lessee may extend the time for the return of the equipment, by agreement of the parties, and by calling the Lessor and obtaining permission within 24 hours of the return due date.  
8. RETURN OF EQUIPMENT: At the termination of this agreement, Lessee shall return all of the equipment to Lessor’s premises during Lessor’s regular business hours, in the condition and repair as when delivered to Lessee, subject only to premises during Lessor’s regular business hours, If Lessor has agreed to deliver the equipment to Lessee or to pick up the equipment from Lessee, Lessee shall be responsible for all losses or damage to the equipment from the time of delivery to Lessee and until pickup by Lessor.
9. DAMAGED OR LOST EQUIPMENT: The Lessee agrees to pay for any damage to or loss of equipment, as an insurer, regardless of cause, except reasonable wear and tear, while equipment is out of the possession of the Lessor. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. Equipment damaged beyond repair will be paid for at its replacement coast when rented. 
10. THEFT OF EQUIPMENT: The Lessee agrees to pay for equipment (at its replacement coasts when rented) for all types of theft or mysterious disappearance. Damage Waiver does not cover theft. 
11. COLLECTION COSTS: The Lessee agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of the Lessor’s rights under this contract.
12. Repossession: Upon a failure to pay rent or other breach of this contract, the Lessor may terminate this contract and take possession of and remove equipment from wherever it is, and the Lessor and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.
13. DISCLAIMER OF MANUFACTURER: The Lessee agrees that the Lessor is neither the manufacturer of the equipment nor the agent of the manufacturer. 
14. LOADING AND UNLOADING EQUIPMENT: If the Lessor’s employees assist in loading and/or unloading the equipment, the lessee agrees to assume the risk of and hold the Lessor harmless or, any property damage or personal injuries, including damage or injuries attributable to the negligence of the Lessor and its employees. 
15. THEFT: That the Lessor of its won discretion may report as stolen all personal property not returned within the date listed in the “Date and Time Due In” section of the contract or if conditions and circumstances indicate that before that time. 
16. WAIVER OF CLAMES: The Lessee waives all claims for personal injury, property damage to the transported equipment, loss of time or inconvenience as a result of any accident or breakdown. 
17. ACCIDENT NOTIFICATION: The Lessee will immediately notify the Lessor in the event of any accident. 
18. UNPAID INVOICES: That the Lessor, at its own discretion, revert all charges to a daily rate if monthly statements or invoices are not paid by the due dates.
19. OVERDUE ACCOUNTS: Accounts are due and payable at the beginning of the rental period. A service charged may be assessed on all overdue accounts. 
20. PRODUCT SALES: Seller Retains purchase money security interest in goods until balance is paid in full. Purchase of said goods at the price state in this contract and receipt of a copy of this contract are hereby acknowledged. 
21. In the event the value of the equipment being rented, is over $500.00, then in that event, a deposit shall be placed with the Lessor through a credit card, with a number on file, and authorization that the credit card may be billed for the value of the equipment, in the event the equipment is damaged or lost.