RENTAL AGREEMENT
Edge Pro Rentals hereinafter referred to as the “Company” hereby rents to the person or persons referred to on the reverse side of hereof, hereinafter referred to as the “Customer”, certain equipment, and the Customer agrees to pay as the rental therefore the sum stated on the reverse hereof. The said property is rented on the following terms and conditions agreed to by the parties
PERIOD OF RENTAL is as shown on reverse hereof
RATE OF RENTAL is as shown on reverse hereof or as published in Company’s current rental list. Edge Pro Rentals reserves the right to charge any rate of rental at any time. All rates are based on an 8 hr. day / 40 hr. week / 160 hr. month.
SINGLE SHIFT: It is agreed that the said property is rented for a single shift of only 8 hours per day. If used for more than one shift per day, the Customer agrees rental rates for any extra hours and / or 2nd and 3rd shift operation are to be negotiated at time of rental start, or when applicable during rental period.
VALUE OF EQUIPMENT: It is agreed that the value of the said equipment is the full replacement cost at the date of rental.
CUSTOMER: The customer agrees by signing, or having a representative sign a numbered truck book for a telephone order to be delivered or picked up, that the signature constitutes a binding contract agreement between Edge Pro Rentals and the Customer whether or not a signature is obtained on the rental agreement.
LOCATION OF USE: It is agreed that the said equipment shall be kept and maintained during the term of this agreement at the location indicated on reverse hereof and the Customer agrees not to move the equipment from the location without written consent of the Company.
COMPLIANCE WITH BY-LAWS: Customer agrees to comply with all By-Laws, statutes and regulations in any way relating to the said equipment or its use and to indemnify the Company from any loss, cost, charges, damages, and expenses arising from the breach of or non-compliance with any such By-Laws, statutes, or regulations.
TRANSPORTATION: The rental price is F.O.B the Company’s warehouse and the customer agrees to pay all transportation or cartage charges from and on return to Company’s warehouse.
CARE: Customer agrees to properly protect all equipment from weather by suitable housing; to provide competent operators and return the equipment at all times for inspection. The customer shall immediately report malfunction or failure of the equipment, if and when it occurs to the Company, otherwise no adjustment will be made. The customer shall provide for the equipment, at his expense, fuel, lubricants, and filters, in accordance with recognized good machinery maintenance procedures.
INSURANCE: Customer agrees to provide necessary insurance coverage on equipment rented from the Company. The risk and liability for any injury or damage to said equipment from any source or cause whatsoever until the equipment is returned to the Company, shall be borne by the customer, and the amount of such damage shall be paid to the Company by the Customer upon demand. Should the equipment be destroyed or cease to exist for any cause whatsoever during the term of this agreement, the Customer hereby agrees to pay the aforementioned full replacement cost to the Company on demand.
INDEMNITY: Customer agrees to indemnify the Company from all loss, costs, charges, damages, and expenses suffered by the Company in respect of any injury (including death) to any person (including the Customer) or damage to any property (including property of the Customer) arising out of the use of the said equipment by the Customer or by any person or corporation during the terms of this agreement.
REPAIRS: If the equipment becomes damages during the term of this agreement, and repairs are necessary the Customer hereby authorizes the Company to make such repairs and agrees to pay the Company the bill for such repairs at the price prevailing for the work required. In case of damage so serious that it would not be practical to repair the equipment, the Customer agrees to pay the replacement price here in above set, to the Company on demand. If the Company shall elect, any money paid by the Customer to the Company may be applied first on any handling contract which the Company may have been obligated to advance or make, prior to applying such payment upon the amounts due for rents. Rubber tire wear or damages in excess of normal wear and tear is chargeable t the Customer. The Customer agrees to compensate the Company for the amount of the above stated rental rates for each day or week consumed while equipment is in the process of recovery or repair.
LOSS: In the case of loss of the rental equipment, the Customer agrees to pay the Company the full replacement cost of the equipment. The Customer will be responsible for loss of and damage to the equipment occurring until the equipment is returned to the Company or picked up by the Company at the Customers location.
HITCH: The Customer declares to have the hitch, safety chain, and all connections of equipment to the motor vehicle and to have received it in a secure condition.
COMPANY’S REPRESENTATION: The equipment covered by this agreement is represented to be in good running order, but it is expressly understood that the Company is in no way responsible for the engineering in connection with it’s use or the results accomplished by the equipment or accidents resulting from its use, and the Company does not represent to the Customer that such equipment is suitable or will be suitable for any particular type of work.
PORTABLE HEATERS: The customer agrees that proper installation of portable propane or natural gas heaters are installed by a licensed gas fitter as to meet all requirements of government regulations when renting portable heaters from the Company. The Customer agrees to hold the Company harmless for any legal actions and financial damages resulting in any portable heater regardless of if all government regulations are met or not met.
CANCELLATION: If the Customer fails to make payment of any instalment of rent, as aforesaid for a period of ten (10) days, or becomes bankrupt or violates any provision of this agreement, or if the said equipment is levied upon or becomes liable to seizure, the Company may, at its option terminate this agreement without notice to the Customer, and may take possession of the said equipment without becoming liable for trespass and may recover all rental due hereunder and full damages for any injury to the said equipment and all expenses in retaking possession of the said equipment. In the event that the Company terminates this agreement pursuant to this clause, all rights of the Customer hereunder shall become null and void. In the event the company takes any legal steps to enforce the terms of this contract, the customer agrees to pay, in addition to the costs and disbursements provided by statute, all reasonable legal fees necessitated by such action. The Customer further agrees that the Company may terminate this rental agreement at any time and demand return of rented equipment and payment in full of all rentals owing. EQUIPMENT NOT RETURNED UPON REQUEST WILL BE CONSIDERED THEFT.
RENTAL AMOUNT is for time out, not time used: we charge seven days a week including Sundays and Holidays unless otherwise specified. All rates are based on an 8 hr. day / 40 hr. week / 160 hr. month.
PAYMENT: Cash Customer: The Customer agrees that all charges will be paid in advance or immediately upon return, or after a twenty eight (28) day period of a continuous rental. The Customer agrees to authorize the Company by way of signature, or signature of Customer’s representative on this rental agreement or a truck book, to debit charge card for any unpaid balances.
Account Customers: Terms are NET 30 Days, Interest 2% per month on overdue accounts or 26.8% annum.
IT IS AGREED TIME IN THE PERFORMANCE OF EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT IS THE ESSENCE HEREOF.
VALIDITY: It is agreed that if any term or condition of this agreement is held to be invalid of unenforceable, the validity or enforceability of the remaining terms and conditions shall not be affected thereby and the agreement shall be construed as if the offending term or condition had not formed a part thereof.
IT IS AGREED that nothing contained in this agreement shall be construed as an agreement of purchase.
THE CUSTOMER ACKNOWLEDGES that this contract constitutes the whole agreement between the parties and no representations or warranties have been made except as herein contained. No employee of the Company is to authorize to alter the terms of this agreement in any way.
EQUIPMENT: The equipment referred to in this agreement consists of that recorded on the reverse side hereof.
THE COMPANY RESERVES the right to refuse acceptance of equipment returned in dirty or damaged condition and to continue rental charges until returned in an acceptable state, and/or levy charges for reconditioning equipment improperly maintained by the Customer.
THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS EITHER EXPRESS OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE THEREOF. E. & O.E. CHEQUES ISSUED HONESTLY.