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Last Updated: August 31, 2010
Still Being Revised...
Lessor hereby agrees to lease to lessee the equipment described on invoice or in attached schedules in accordance with the following:
- Title and Ownership -
The leased equipment shall at all times be and remain the sole and exclusive property of lessor. Lessee shall have only the rights to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display notice of it’s ownership of the equipment by display of an identifying stencil, plate or other marking, and Lessee agrees that it will not remove or cover such markings without Lessor’s written permission.
- Warranties -
Lessor is neither the manufacturer of the rented property nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee expressly waves all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer.
- Security Deposit -
Lessee shall pay a security at the time of reservation. This fee is the first $50 of total rental charge. Security deposit will be returned upon cancellation up until 14 days before event date, after which time deposit will be forfeited.
- Travel Fees -
Lessee shall pay a travel fee to cover time and gas spent traveling to the event site. This fee is $1 to $2 per round trip mile traveled,
- Payment -
Lessee shall pay all charges payable under this contract at least 4 days in advance, provided however that all forgoing shall not limit the amount payable by Lessee hereunder and all additional amounts hereunder shall be paid immediately as such costs are incurred.
- Collection Costs -
The Lessee agrees to pay all reasonable collection fees, including but not limited to, attorney and court fees, bounced check fees, and other expenses involved in the collection of charges or enforcement of the Lessor’s rights under this contract.
- Site Requirements -
The Lessor reserves the right to reject the event site and not perform engagement when, in the Lessor’s judgment, conditions of the event site would be detrimental to the Lessor’s equipment or crew, or requirements for setup and operation listed above are not met. This includes but is not limited to, high wind, snow, rain, high humidity, flooding, extreme cold, heat, mud, dust, strong odor, poor or missing electrical access, not enough space, lack of shelter, or any other factor beyond Lessor’s control. Once the equipment has been delivered, even if said conditions prevent setup, Lessee shall still be liable for payment of all travel charges. If the Lessee chooses to cancel due to a weather concern, and notifies Lessor before travel begins, then all unused travel charges will be returned.
- Setup & Take Down -
Transport truck will be loaded and unloaded by Lessor's Crew from closest point truck can park. Extra charges will result in setups involving use of stairs and/or elevator, or any point where extra time and/or distance is involved. Lessee can reduce setup and take down time by providing additional persons to help load and unload the equipment.
- Insurance -
Lessee shall maintain, at Lessees expense, liability, property and casualty insurance coverage in amount sufficient to fully protect SlotCarRental and its equipment against any and all claims, loss, theft, or damage of whatever nature or type.
- Damage or Theft of Equipment -
Lessee agrees to be responsible for, and pay for, any damage incurred to Lessor's equipment, regardless of cause, while equipment is on event site, except reasonable wear and tear. The Lessee agrees to pay for equipment at its replacement cost when rented for all types of theft or mysterious disappearance. Lessee will pay to replace rental equipment damaged beyond repair. Accrued rental charges cannot be applied against the cost of repair or replacment of damaged goods. Replacement fees vary but are estimated below:
- Hold Harmless Agreement -
Lessee shall defend, indemnify and hold harmless Lessor it’s employees, agents and subsidiaries, from and against all claims, liabilities, losses, injuries, death, damages to property or otherwise, and expenses, of every character whatsoever, resulting from the actions, negligent or otherwise, of Lessee, Lessee’s employees and agents of Lessee or Lessee's subcontractor. Lessee hereby releases and holds harmless Lessor from injuries or damage incurred as a result of the use of said equipment. Lessor cannot under any circumstances be held liable for injuries as a result of acts of god, nature, or other conditions beyond it’s control or knowledge. The indemnities included in this exhibit shall include reasonable attorneys fees paid by Lessor in defending suit and actions involving liability covered by indemnification provision in this paragraph.
The Lessee expressly assumes the responsibility of informing all person(s) who use, operate or rent the above specified rental equipment that, they do so at their own risk and that, if any injury’s occurs to the person(s) using, operating or renting the equipment, SlotCarRental.com, it’s employee’s, officers, directors, shareholders, agents, successors, and assigns shall not be held liable for any such injuries and/or resulting damages and, further, shall indemnify SlotCarRental.com in the event that they are held liable for any injuries and/or resulting damage.
This contract contains the entire agreement between the parties and shall not be enlarged or modified except in writing and signed by all appropriated parties.