Rental Agreement

  1. RENTAL EQUIPMENT CONDITION. Customer acknowledges that he has examined and tested the items of equipment at the time of rental, and that the equipment is in good working condition and customer accepts the same as is, and without any rental reductions or claims therefore. Company will not be held responsible for revenues lost by Customer as a result of equipment, which has failed to operate properly. Customer shall return to Company, at Customer's expense, for exchange for other equipment, any item of equipment listed herein which subsequent to delivery becomes inoperable. This provision shall not relieve Customer of responsibility in the event of damage, destruction or non-return.
     

  2. PROPER USE. This equipment, or any part thereof, may not be removed from the Counties of Los Angeles, Riverside and Orange, State of California, without prior written consent of the Company endorsed hereon. The equipment leased hereunder shall be used only by duly qualified employees and/or agents of Customer and in strict accordance with the laws and regulations of its location and with the use contemplated in this Agreement. Customer shall keep the equipment leased hereby in Customer's sole custody and shall not permit the leased equipment to be used in violation of any federal, state or municipal statutes, rules or regulations, and indemnifies and holds Company harmless from any and all fines, forfeitures, penalties, and for the violation of any statute, law, ordinance, rule or regulation of any duly constituted public authority. 
     

  3. RETURN, REPAIR, MAINTENANCE. If any item of equipment is returned in a damaged or destroyed condition or if any such item is not returned for any reason (including, but not limited to, destruction, confiscation or theft), Customer shall pay to Company the monetary value of such item. Customer specifically agrees that the monetary value of each item of leased equipment is as per replacement value cost provided by Company. If any item is returned in a repairable, damaged condition, Customer shall pay to Company the cost of such repairs as determined by Company. In determining whether equipment shall be replaced or repaired, Company's judgment shall be conclusive upon Customer. Notwithstanding anything to the contrary in this Agreement, and regardless of when Customer pays Company the monetary value of the leased equipment or the cost of repairing the leased equipment in the event of loss or damage to the leased equipment, Company reserves the right to hold Customer liable for payment of rent at the rate provided in this Agreement until the equipment has actually been repaired or replaced and returned to Company's rental inventory, and Customer acknowledges that there may be delays in repair or replacement attributable to causes beyond Company's control. The acceptance of the return of the leased equipment is not a waiver by Company of any claims that it may have against Customer, nor a waiver of claims for latent or patent damage to the equipment.
     

  4. RATES AND INTEREST. The terms of payment are based upon credit information at the time of rental. Should there be any change in such information, Customer agrees that Company is privileged to revise the terms of payment without further notice. The first rental day shall be the day the rental equipment leaves the Company's premises. The last rental day shall be the day the rental equipment is returned to Companies premises unless equipment is returned before 10:00 AM then no rental shall be charged for the day of return. If the equipment is returned to Companies premises after 10:00 AM then the last rental day is the day of return. When on daily schedule, daily rate will be charged for all days including Saturdays, Sundays and Holidays if equipment is used. When equipment is rented for less than the Weekly rate it will be charged at the Daily rate until charges equal the Weekly rate. Rent is payable upon receipt of invoice. All past due accounts bear interest at the rate of 1 1/2% per month (18% annually). If Company places the account in the hands of an attorney for collection, Customer agrees to pay reasonable attorneys' fees and court costs, which may accrue. Rental rates paid will not be applied to the purchase price of any equipment listed herein.
     

  5. TITLE AND OWNERSHIP. Customer specifically acknowledges Company's superior title and ownership of the equipment and shall keep the equipment free of all liens, levies and encumbrances. Customer acknowledges that it shall be responsible for all taxes, transportation charges, duties, broker's fees, bonds, and all other costs imposed upon the leasing or use of said equipment. Customer agrees not to remove or cover the name, tag or nameplate on equipment showing ownership by Company.
     

  6. RIGHT OF ENTRY. Upon termination of the lease period or upon the breach of any provision hereof, or in the event of a proceeding in bankruptcy with regard to Customer, or the levying of any legal process upon any item of equipment herein described, or upon any use of equipment in derogation or violation of Company's superior title and ownership, Company and its agents shall be at liberty at any time thereafter to remove all of said equipment without notice or demand or any liability for damage caused by any such entry for such purpose and without prejudice to Company's right to receive rent due or accrued to and including date of removal of said equipment.
     

  7. INDEMNITY AND LIABILITY. Customer agrees to indemnify Company and to hold Company harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys' fees, arising out of, connected with, or resulting from the equipment or the personnel provided hereunder, including without limitation, manufacture, selection, delivery, possession, use, operation, conduct, or return of said equipment. Company shall not be liable for any loss or damage of any kind, whether caused by negligence or otherwise resulting from any delay, detention, late-delivery, non-delivery, defect or deficiency in leased equipment or other materials supplied, handled, stored, repaired, transported, received or processed or the services of technicians, drivers, or any other personnel or service provided by Company.
     

  8. INSURANCE. Customer shall, at its expense, at all times from the time of removal of equipment from lessor's premises maintain property damage insurance in amounts and with insurance companies satisfactory to Company, protecting Company as an additional insured and providing for 10 days' written notice to Company before any policy shall be modified or canceled. Customer shall deliver to Company, upon request, evidence of the insurance coverage satisfactory to Company. Should Customer fail to procure or pay the cost of maintaining in force the insurance specified above or to provide Company upon request with satisfactory evidence of the insurance, Company may, but shall not be obligated to, procure the insurance, and Customer shall reimburse Company on demand for its cost. Suffering lapse or cancellation of the required insurance shall be an immediate and automatic default by Customer under this Agreement.
     

  9. FOREIGN USE. All leased equipment that is due to leave the United States must be registered with U.S. Customs prior to departure. Company will furnish Customer with a statement giving serial number, county of origin and value of equipment at Customer's request. Adequate bonds and customs fees are to be provided by and paid by Customer. Any delay due to the Customer's failure to register leased equipment, or due to use of leased equipment outside of the U.S. shall be charged as a normal day until equipment is returned to Company.
     

  10. SHIPPING COSTS. All air or surface shipments of leased equipment made on behalf of Customer by Company will be shipped collect for freight charges and insurance. All leased equipment returned to company by Customer must be shipped pre-paid.
     

  11. CANCELLATION. In the event of cancellation while on daily schedule for any reason including weather, the following charges shall apply in consideration of the Company's preparing equipment and holding it available. Company retains the right to modify these cancellation charges at its discretion: (a) Cancellation more than 48 hours before the time set for the lease to commence, no charge will apply;  (b) Cancellation from 48 hours or less before the time set for the lease to commence, 100% of the daily rental and services rate or negotiated quotation regardless of the reason for cancellation;  (c) Cancellation any time after the time set for the lease to commence, the full daily rental rate will be charged, regardless of the reason for cancellation. When on a weekly schedule rate, Customer guarantees rental for the minimum number of weeks specified on the face hereof. No reduction shall be made in the event of cancellation.
     

  12. LEGAL FEES. This Agreement shall be governed by the laws of the State of California and should any legal proceedings arise out of this Agreement, the prevailing party, in addition to any other recovery, shall be entitled to recover all reasonable expenses including attorneys’ fees.
     

  13. CHANGES. This Agreement expresses the entire agreement between the parties and any change thereto must be in writing.