In consideration of the hiring of the Equipment described, without operator, by the undersigned (hereinafter referred to as the “Renter”) from the company named LUDWIGS EQUIPMENT LLC. (hereinafter referred to as the “Dealer”), upon the terms and condition, and for the price herein specified, it is agreed as follows:
- RENTAL AND TERM begins on the date & time specified as “TAKE OUT” and terminates on the date and time specified as “DUE IN” unless amended in writing on the face of the contract. Rental charges commence on delivery of Equipment to renter and ends upon return to Dealer’s premises. Dealer may terminate Rental at any time and take possession of the equipment. Renter agrees to pay on return of Equipment to Dealer’s premises all charges and cost for the use thereof. Renter’s right to use the Equipment terminates on the expiration and due dates set forth above unless extended in writing by Dealer.
- BREACH BY RENTER, USE OF DEPOSIT, LIABILITY FOR LATE PAYMENT AND COLLECTION COSTS. Renter acknowledges that the purpose and intent of the deposit paid by Renter hereunder is to secure the payment of the rental charges hereunder and to guarantee the full and complete performance of each and all of the terms, covenants and agreements to be performed by Renter hereunder. In the event Renter breaches any term, covenant, or agreement contained in this Rental contract, or if Renter fails to pay all sums when due and owing. Renter agrees to pay a late fee of 11/2% per month on past due balances and all costs incurred by DEALER AS A RESULT OF RENTER’S BREACH, Including reasonable Attorney’s Fees.
- CONDITIONS OF HIRING, INSPECTION PRIVLEGE AND WAIVER OF DEFECTS. Renter accepts and hires the Equipment on an “as is” basis. Renter acknowledges receipt of all of the equipment in good working condition and repairs and declares that Renter fully understands its proper operation and use. Renter acknowledges and declares that Renter has examined the Equipment and all hitches, bolts, safety chains, hauling tongues with all devices and materials used to connect the Equipment in a secure and operative condition. Renter is responsible for loading and unloading the goods. If the Dealer’s employees assist in loading or unloading the goods, the Renter agrees to assume the risk of, and hold the Dealer harmless for, any property damage or persona injuries, including damage or injuries attributable to the negligence of the Dealer or his employees. Renter agrees to return the Equipment to Dealer’s premises upon the expiration and due date hereof in as good condition as when received by Renter, ordinary wear and tear expected. Ordinary wear and tear” shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift (eight hours per day, five days per week, twenty-eight day month) basis. Renter agrees to pay immediately all charges and costs incurred.
- EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. Renter will immediately discontinue use of the equipment should it, at any time, following the execution of this agreement or any subsequent agreement become unsafe or in a state of disrepair. furthermore, the Renter will immediately notify Dealer that the Equipment is unsafe or in disrepair and, until such time as Dealer has regained possession. The Renter agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the Rental Equipment or product.
- COMPLIANCE WITH LAWS. Renter acknowledges that Dealer has no control over the use of the Equipment by Renter and Renter agrees at his sole expense to comply with all municipal, county, state and federal laws, ordinances and regulation, including the Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the Equipment while it is in the possession of and use by the Renter. Renter shall not permit any person who is not legally qualified to use the Equipment.
- PERMITTED AREA OF USE OF EQUIPMENT. Without Dealers written consent Renter shall not remove the Equipment from the county in which it is rented.
- RENTER’S LIABILITY FOR MISSUE OF EQUIPMENT. Renter shall not abuse, harm or misuse the Equipment. Renter shall not permit any repairs to be made upon the Equipment without Dealer’s written consent. Renter shall not permit any lien to be placed upon the Equipment. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Renter’s use and hiring of said Equipment, renter agrees to accept all responsibility therefore and shall hold Dealer harmless from any claims or action arising therfrom. Renter shall furnish Dealer with a complete report of any accident involving said Equipment including names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of the loss or destruction of any part of the Equipment, or of loss possession thereof or inability to return the same to Dealer, on the expiration and due date, for any reason whatsoever, rent shall pay Dealer the actual replacement cost thereof, and in addition thereto Dealer’s loss of use of said equipment.
- RENTER agrees that Equipment be used ONLY for their proper purpose and in a safe manner and only by competent operator(s). Renter may NOT sub-rent or loan any item(s).
- DISCLAIMER OF WARRANTIES. DEALER MAKES NO WARRANTIES EXPRESSED OR IMPLIED., AS TO THE EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter’s sole remedy for any failure of or defect in the Equipment shall be the termination of the rental charges at the time of failure, provided the Equipment is returned to Dealer within 24 hours after such failure. Dealer shall not be responsible for any loss, damage, or injury to Renter or Renters property including incidental, special or consequential damages, in any way connected with the operation use, defect in, or failure of the Equipment.
- INDEMNIFICATION OF DEALER BY RENTER. Renter EXPRESSLY INDEMNIFIES AND HOLDS Dealer harmless of from and against any and all claims, loss, costs, damages, attorney’s fees and or liability in connection with the hiring and use of the Equipment regardless of whether a lawsuit is filed. In the event a suit is instituted by Dealer to recover possession of said Equipment, or to enforce any of the terms, conditions or provision hereof, Renter agrees to pay all costs and attorney’s fees of not less than $500.00 of 15% of the invoice, whichever is greatest.
- THEFT WARNINGS. Failure to return Equipment by the expiration and due date without DEALER notification could be considered a theft, resulting in criminal prosecution.
- TAXES. Renter agrees to pay any and all taxes, license fees, or permit fees arising out of the hiring and use of the Equipment. Renter agrees to pay said taxes whether said taxes appear as part of the fact of this contract or whether said taxes are later claimed by the governmental authority. In the event of a claim by any governmental authority for taxes arising out of this transaction, renter agrees to pay to Dealer said taxes upon demand.
- TITLE. Title to the Equipment is and shall remain in Dealer’s name. If the Equipment is levied upon for any reason whatsoever, Dealer may retake the Equipment without notice or legal process, and my take all action reasonably necessary to do so.
- CONSTRUCTION. The paragraph heading used herein are for convenience only and are not to be used in construing the meaning or intent of any of the terms or provisions of this Rental Contract.
- DAMAGE WAIVER. Damage Waiver is Not Insurance. You are responsible for any loss of or damage to the Rented Equipment and Items (“Equipment”) and for their return in the same condition in which they were received, except for ordinary wear and tear. If You accept the Damage Waiver, however, We agree to waive Our right to recover from You the amount of loss of or damage to the Equipment while in Your possession, except that You will be responsible for the first $500 of the cost of repair or replacement of damaged Equipment. You agree to immediately notify Us of any accident and promptly submit any applicable police reports. If You have insurance, the Damage Waiver becomes secondary, and You agree to exercise all rights available to You under Your insurance coverage and assign all claims and proceeds from Your insurance coverage to Us. Not withstanding the foregoing. Your liability for loss of, or damage to, the Equipment will not be waived in the following circumstances:
- Any Item or part thereof which is not returned, irrespective of the reason, including theft.
- Reckless, careless or abusive operation or use of the Equipment.
- Use or operation of the Equipment exceeding its rated capacity.
- Damage to motors, generators, drills or other tools, electrical appliances or devices caused by use of non-utility generated power whether or not supplied by Us.
- Damaged to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the Equipment.
- Damage resulting from failure to perform or pay for all normal periodic and other basic service maintenance, adjustments, and lubrication of the Equipment.
- Loss or damage caused by dishonesty or Your employees, or wrongful conversion by any person whom You allow to possess the Equipment.
- Operation or use of the Equipment in a manner inconsistent with the instruction of the Equipment manufacturer.
- Damage resulting from vandalism, malicious mischief, or intentional abuse. 10. Damage to any and all accessories, malicious mischief, or intentional abuse.
- Damage to any and all accessories, such as air hoses, electrical cords, blades, welding cable, liquid fuel tanks and other similar items and accessories.
- Damage resulting from overturning or striking overhead objects.
- Damage resulting from use of the Equipment in violation of any terms of this Rental Contract.
TERMS AND CONDITIONS OF SALE
(Applies Only To Items Sold, Not Rented)
In consideration of the purchase of the Equipment described by the undersigned (herein after to referred to as the “Buyer”) from the company named on reverse side (hereinafter refereed to as the “Dealer”). Upon the terms and conditions, and the price herein specified, it is agreed as follows:
The Buyer hereby acknowledges that the products(s) described on the reverse side hereof which is the subject of this sale is a “used product” and is being sold on an “as is” and “with all faults” basis.
The Dealer as the seller, makes NO expressed warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and the DEALER does NOT make any implied warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE or any other warranties unless the DEALER has so provided in writing and the writing is signed by the AUTHORIZED REPRESENTATIVE of the DEALER.
I, the buyer, herby acknowledge that I have read all the above terms and conditions of sales and that I understand that this is an “as is” sale of used goods.
Buyer acknowledges that the ONLY warranties provided with these products(s) are those provided by the manufacturer and that the DEALER makes NO WARRANTES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, either expressed or implied.