1. The RENTER shall keep and maintain the rented equipment during the terms of the rental at the RENTER’s won cost and expense. The RENTER shall keep the equipment in a good state of repair, normal wear and tear excepted.
2. The RENTER shall pay the OWNER full compensation for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. The OWNER’s invoice for replacement or repair is conclusive as to the amount RENTER shall pay for repair or replacement, not to exceed the total replacement value as outlined in the rental invoice.
3. The RENTER shall inform the OWNER upon demand of the exact location of the equipment while it is in the RENTER’s possession.
4. The OWNER’s equipment shall be delivered to the RENTER and returned to the OWNER at the RENTER’s risk, cost and expense. If the equipment is not returned during or at the end of the term, then the rental charges shall continue until the equipment is returned. The OWNER’s invoice for the extension of the rental is conclusive as to the amount RENTER shall pay for the extension of the rental.
5. Rental charges are billed to the RENTER for the full term of the rental even if the equipment is returned before the end of the rental term. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by OWNER does not constitute a waiver of any of the rights OWNER has under the rental agreement.
6. The RENTER shall not pledge or encumber the rented equipment in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments when due, or upon RENTER’s filling for protection from creditors in any court of competent jurisdiction.
7. The OWNER makes no warranty of any kind regarding the rented equipment, except that OWNER shall replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions. Such replacement shall be made as soon as practicable after RENTER returns the non-conforming equipment.
8. RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
9. The RENTER shall pay all reasonable attorney and other fees for the expenses and costs incurred by OWNER in protection of its rights under this rental agreement and for any actions to collect any amounts due to the OWNER under this rental agreement.
10. These terms are accepted by the RENTER upon delivery of the terms to the RENTER or their AUTHORIZED AGENT.
11. If the RENTER would like the OWNER to give possession of the rented equipment to an AUTHORIZED AGENT, for which the RENTER agrees to remain liable for the rented equipment as outlined in these terms while it is in the AUTHORIZED AGENT’s possession, they must provide the name of the AUTHORIZED AGENT as it appears on their government issued photo ID. The OWNER agrees to verify the AUTHORIZED AGENT’s government issued photo ID at time of pickup.