“Rental Agreement” between GET A GRIP and it’s clients is subject to the
following additional terms and conditions. The “Rentee” whose name and
authorized signature appears on the “Rental Agreement”, hereby rents from
GET A GRIP, (hereafter G.A.G.) the equipment and services described, and
acknowledges receipt of said equipment in good working order.
INSPECTION OF EQUIPMENT: Rentee
acknowledges that Rentee has inspected and tested all equipment listed herein at
the time of rental and agrees that G.A.G. has made no warranties or
representations, express, implied, oral, written or otherwise, as to condition,
performance, operation, fitness for any use, use-ability or any other matter.
Rentee acknowledges that Rentee has received all equipment in good, workable,
operating condition, mechanical, electrical, optically and in all other
USE OF EQUIPMENT:
To keep and maintain rental equipment and supplies in good
condition, reasonable wear and tear excepted, and assumes full responsibility
for the value of such equipment and supplies until such items are returned in
good working order to the actual possession of the owner. Rental fees will be
charged and shall be payable until the rented equipment and supplies are
returned to the owner or until replaced in actual kind or until payment in full
is made for lost or damaged rental equipment and supplies, regardless of cause
of loss or damage;
That the rented equipment is for Rentee's use only and are not to
be subleased or subrented;
To operate equipment only in accordance with prescribed
instructions and standards of professional use, and to permit only qualified
personnel to operate same, and only under the immediate supervision of Rentee;
That Rentee shall not permit the rented equipment to be used in
violation of any Federal, State, or Municipal laws or regulations, and holds G.A.G.
harmless in all such matters.
All equipment is used
risk, and renter assumes full
responsibility for same throughout the rental period, portal to portal.
The minimum rental period is one day.
The rental shall begin on the date specified in the “Rental
Agreement” and shall continue until the equipment is returned. Rentee agrees
to return equipment on the date specified in the “Rental Agreement”.
Equipment not returned by 10:00 a.m. will be charged for that day at the full
day rate. Weekly rates apply when
Rentee has had possession of rented equipment for more than 4 days, Sundays and
Rentee agrees to give G.A.G. at least 48 hours notice before
canceling all or part of any rental order. If for any reason Rentee cancels all
or part of any order with less than 48 hours notice (from the time the equipment
is to be picked up - weekends and holidays excluded) G.A.G. is entitled
to full compensation for any loss it may sustain.
PAYMENT TERMS: Equipment is to be paid in full upon receipt of invoice. A charge
of 1.5% per month will be applied after 30 days.
A certificate of insurance shall be supplied or confirmed before
vehicles or equipment shall leave the premises. Rentee, at rentee's expense,
shall cover by insurance the full replacement value of equipment rented from G.A.G.
against loss and damage, with G.A.G. named as additional insured and loss
payee as applicable. Rentee, at Rentee's expense, shall cover by insurance
(fire, theft, comprehensive, general, public and automobile liability) for
vehicles and/or equipment G.A.G. may supply, lease or rent to Rentee. All
insurance coverage's shall remain in full force from the time equipment leaves
the premises until returned to the premises.
LOSS & DAMAGE:
If equipment is returned in damaged or non-working condition, the
Rentee will be charged for all repairs, including parts and labor. If any
equipment is lost, stolen, destroyed, disappears, or is otherwise not returned,
the Rentee will pay for the replacement cost of such equipment. The liability
for damaged, destroyed, lost or missing equipment shall belong to the Rentee, no
matter what the circumstance, or whomever might be to blame. ACCEPTANCE OF THE
RETURN OF RENTED EQUIPMENT IS NOT A WAIVER BY G.A.G. OF ANY CLAIMS IT MAY
HAVE AGAINST RENTEE, OR OF ANY CLAIMS FOR LATENT OR PATENT DAMAGE DONE TO RENTED
Rentee hereby agrees to indemnify and hold harmless G.A.G.
from any and all claims, suits, damages, losses, liabilities (including Workers'
Compensation for Rentee's employees and agents either full-time or day-hired),
including attorney fees for: Loss of life or injury to any person, damage to
property or other damages or losses whatsoever, resulting directly or indirectly
from a cause or occurrence in, upon, at or from the use of rented equipment,
including but not limited to such damage or injury which may be caused by the
negligence of G.A.G., its agents or employees.
G.A.G. reserves the right
to cancel this agreement and demand return of any and all rented equipment at
any time. If for any reason Rentee does not make payments, return equipment or
fails to fulfill any and all of the terms of the rental agreement, G.A.G.
may thereupon terminate this lease (rental agreement) and repossess any and all
of the rented equipment (by entering upon Rentee's premises, if necessary)
without liability for trespass and recover from Rentee all damages sustained by G.A.G.
as a result thereof.
Law shall control any dispute arising under or pursuant to this agreement.
Should Rentee default, or fail to perform under any provisions herein, Rentee
agrees to pay reasonable attorney's fees and other costs actually incurred by G.A.G.
in enforcing said provisions.
This agreement involving equipment and services shall not be
amended or modified except by mutual agreement, in writing, signed by both
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