Day rate shall be a 24 hour period and includes 8 hours run time, ½ day rate is a 4 hour period, if over 4 hours will be billed under the daily rate. Weekly rate is 3 times the daily rate and includes 40 hours on hour meter. Monthly rate is 9 times the weekly rate and includes 120 hours on hour meter. Additional weeks, months will be prorated. Daily rentals shall be in 1/2 day and full day increments not prorated by the hour. Must pay full month in advance to get monthly rate. Payments are due in advance. Payments not kept current are not eligible for discounts and are billed at the daily rate only.
Lessor and Lessee, for themselves, their successors, executors, administrators and assigns, agree to the full performance of
the covenants herein contained.
GENERAL CONDITIONS OF EQUIPMENT RENTAL AGREEMENT (LEASE)
The conditions of lease here below stated, together with the Agreement set forth on the reverse side of this sheet, constitute a contract
between the parties therein named which contract is hereafter referred to as “this Agreement”.
1) RENTAL PERIOD. The Rental period shall cover all time consumed in transporting the equipment. When equipment is delivered by lessor rental period starts when machine leaves lessors’ shop and ends when lessor is contacted that machine is ready to pick up. Equipment should not be in operation when lessor arrives to pick up or additional time may be charged.
2) RENTAL CHARGES. Rental Rates shall not be subject to any deductions on account of any non-working time except that machines rented Saturday and returned Monday will be billed for only one day but will only be allowed 8 hours on the meter.
3) PAYMENT. All rentals are to be paid in advance. If you need to extend your rental please notify us prior to end of contracted rental period to authorize payment for additional days/weeks/months. If you fail to return equipment on time, or fail to pay for damages the credit card on file will be charged. Payments are due in advance of each day/week/month. Failure of Lessee to contact Lessor to keep payments current shall subject Lessee to late fees, collections and repossession fees as well as interest at eighteen percent (18%) on any delinquent payment from the date when such payment was due until paid and on any other sum for breach of this Agreement, from the date of the breach, and expenses of collection or suit, including actual attorneys’ fees. Monthly and Weekly Discounts are forfeited if payments are delinquent and will bill at the daily rate. If you can’t pay return the equipment. If you refuse to return equipment on demand it. Failure to pay or to return equipment promptly on demand shall be treated and prosecuted as theft.
5) SECURITY DEPOSIT. On any rentals paid with cash or check subject to additional deposit, if paid with credit card a copy of the card will be on file to cover damages or additional time equipment is held by lease.
6) RECALL NOTICE. Lessor may recall without notice any equipment on which payment is delinquent.
7) OPERATION. Lessee understands that the equipment owner’s manual from the manufacturer shall be the only all-inclusive source for safe operation practices. Lessee is encouraged to consult with Lessor for any hands on assistance prior to taking delivery of the equipment but this does not circumvent the need to read and follow the owner’s manual. Lessee shall not remove, disfigure or cover up any numbering, lettering, or insignia displayed upon the equipment. Lessee shall not modify or alter the equipment. Lessee shall operate the equipment with the proper care and respect due without neglect and see that the equipment is not subjected to careless, unusually or needlessly rough usage. Ordinary wear and tear resulting from proper use thereof alone expected. Lessee specifically assumes responsibility for tire and track repair and any associated loss related to such failure as failure of tires and track are typically related to air pressure loss or impact damage.
8) MAINTENANCE. On weekly and monthly rentals Lessee shall be responsible for routine maintenance of equipment on a daily basis including checking oil and coolant where applicable. On chippers contact Lessor for grease points & knife maintenance.
Lessee shall perform a daily visual inspection of equipment and notify lessor of any defects.
9) REPAIRS. Lessor shall be notified if any repairs are to be made to the equipment. All repairs are to be made by Lessor or his designated assignee. Return of broken machine to lessor shall be lessees responsibility. Upon return to lessor, lessor shall inspect machine and make the machine operational or provide a like kind replacement or pro-rate out remaining contract if the failure is not caused by neglect by operator . If lessor provides a working replacement upon notice of broken machine the contract shall continue
and the amount of time lost from drop at lessor until lessor offers ready for pick up shall be extended onto the rental contact as extra time at no charge. Any repairs needed due to normal wear and tear shall be at Lessors expense. If damage is determined to be due to abuse, misuse or neglect the cost of repairs and lost time shall be paid by Lessee including labor, material, parts, shipping and service calls. Thrown tracks shall be lessee’s responsibility unless result of broken tracks or failed undercarriage system. Mechanics assistance if requested shall be charged.
10) DISCLAIMER OF WARRENTIES. LESSOR, IS NOT THE MANUFACTURER OF THE EQUIPMENT AND MAKES NO WARRENTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO LESSOR, LESSEE LEASES THE EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE IN
ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING
FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.
11) INDEMNITY. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits,
proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting
from the equipment or the Lease, including without limitation, the manufacture, delivery, leasing, renting, control, use, operation, maintenance or return of the equipment. Lessee shall further indemnify lessor, and hold Lessor harmless from all loss and damage to the equipment during the rental period. Lessee recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Lessee’s assumption of any and all liability for injury: disability and death of workmen and other persons caused by the operation, use, control, handling, or transportation of the equipment during the Rental Period.
12) RISK OF LOSS. Lessor shall not be responsible for loss or damage to property, material, or equipment belonging to Lessee,
its agents, employees, suppliers, or anyone directly or indirectly employed by Lessee while said material property, or equipment is in Lessor’s care, custody, control or under Lessor’s physical control. Lessee is encouraged to obtain appropriate equipment, material, or installation floater insurance against such risk of loss. Lessee and its insurers waive all rights of subrogation against Lessor for losses.
13) INSPECTION: CONCLUSIVE PRESUMPTIONS. Lessee shall inspect the equipment prior to receipt thereof. Unless Lessee specifies any defect at that time, Lessee agrees that it shall be conclusively presumed, as between Lessor and Lessee, that Lessee has fully inspected and acknowledged that the equipment is in full compliance with the terms of this agreement, in good condition and repair, and that Lessee is satisfied with and has accepted the equipment in such good condition and repair. Lessor shall have the right at any time to enter the premises occupied by the equipment and shall be given free access thereto and afforded necessary facilities for the purpose of inspection. It is specifically noted hoses connecting attachments can easily be damaged or pinched. Lessee has been notified to take extra precaution with regard to hose routing to prevent pinching/pulling.
14) INSURANCE - THEFT/TOTAL LOSS INSURANCE WAIVER. Lessee will be charged mandatory 10% insurance surcharge unless Lessee has proof of commercial rental insurance coverage totaling more than equipment cost on file with Lessor. Insurance has a $2500 deductible per item to be paid by Lessee in the event of a claim. Lessee retains responsibility to take reasonable precautions to protect the equipment. Waiver does not cover equipment damage caused by lessee, vandalism, modification, misuse, abuse damaged hoses, lights, gauges, tires, tracks, dents, and scratches. Lessee shall operate equipment in a manner consistent with the manufacturer's instructions and shall not overload or exceed rated capacity. Repairs shall be charged to card on file. In house repairs are $110 per hour. Service calls related to improper use, towing fees due to stuck equipment, and cleaning fees for excessively muddy equipment shall also be charged to card on file.
15) EXPENSES. Lessee shall pay Lessor all costs and expenses, including attorneys’ fees, incurred by Lessor in exercising any
of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.
16) ENTIRE AGREEMENT. This instrument constitutes the entire agreement between Lessor and Lessee; and it shall not be
amended, altered or changed except by a written agreement signed by the parties hereto.
17) CONDITION OF EQUIPMENT AT DELIVERY – MUST NOTE ANY PRE-EXISTING DEFECTS: VERIFY FUEL FULL
18) SAFETY. I certify that I have been instructed on basic proper use of the machinery being leased. I have been shown the location of the machinery owner’s manual and shall consult it for further details before operating the machine. I have been instructed of the proper safety equipment to be used when operating this machine. I have been given the opportunity to purchase or lease the required safety equipment and have no further questions regarding the operation of this equipment.
19)SERVICE RANGE. We provide service assistance within a 30 mile radius. If you take equipment outside our local service area we cannot provide service assistance on site. Machinery must be returned for repair. Repairs due to operator will be billed to lessee.
PLEASE CONSIDER THE FOLLOWING LIST OF SAFETY GEAR REQUIRED TO OPERATE EQUIPMENT Steel Toe shoes – Gloves - Safety Glasses – Ear Plugs or Muffs – Hard Hat – Chainsaw Chaps – Harness