1.
(a)
The CUSTOMER shall, at his own cost and expense, protect, keep and maintain, in
his own custody, the equipment herein rented, in a good state of condition and repair,
and agrees to return the same to LESSORS'S premises upon the termination of the
rental period in the same condition and good order as when received. Ordinary wear and tear expected.
(b) In the event that equipment is destroyed or damaged by
any casualty, or is lost, stolen, or missing, the CUSTOMER shall be liable to
the LESSOR for the replacement value or cost thereof as determined by the
actual cost to the LESSOR to replace or repair the same, and no allowance will
be made for the reason that any part was not used by the CUSTOMER.
2.
(a)
THE CUSTOMER agrees to assume full responsibility and liability for the
safekeeping and return the LESSOR'S premises the equipment herein rented. Said equipment is used at the CUSTOMER'S
sole risk and CUSTOMER will indemnify and hold LESSOR harmless from any and all
liability claims, costs and expenses arising out of CUSTOMER'S us or possession
of the equipment.
(b) CUSTOMER shall at his own option and in a manor
acceptable to the LESSOR, show proof of adequate insurance to cover his rental,
or shall post a bond equal to the value of the rented equipment.
(c) In addition
to the foregoing the CUSTOMER agrees to pay the LESSOR a sum equal to the
rental rate herein charged for the lose of use during the time that the LESSOR
is deprived of the equipment, computed to the date of restoration, whether or
not the equipment is replaced or repaired.
3.
(a)
It shall be lawful for the LESSOR or his agents at all
responsible times to enter the premises, upon which said equipment is kept for
the purpose of viewing the state and condition of said equipment.
(b)The CUSTOMER shall not remove the equipment from the
address designated or that CUSTOMER will inform LESSOR or another address.
4.
(a)
If the CUSTOMER shall default on any of the terms, covenants and/or conditions
herein, or in punctually making any of the payments aforesaid, or if any
execution or write or process shall be issued in any action and or proceeding
against the customer whereby the said equipment may be seized or taken, or
detained or proceeding in bankruptcy, receivership or insolvency shall be
instituted by or against the CUSTOMER or his property, or if the CUSTOMER shall
enter into an arrangement or composition with his creditors, or in the event
that judgment is obtained against the CUSTOMER or it at any time LESSOR
reasonably believed that the prospect of performance of this agreement, is any
way, impaired, then and in such an event, the LESSOR shall have the option of
declaring the agreement terminated, and the LESSOR may, without notice of
demand, by process of law or otherwise, retake possession of said equipment
and, for such purpose LESSOR, its agents or employees, may enter upon any
premises where said equipment may be, and remove the same there from with or
without force, and with or without notice of intention to retake the same,
without being liable to any suite of action or other proceedings by the
CUSTOMER.
(b) Nothing contained herein shall be construed to bar or
prevent the LESSOR, in the event of monies being due for rental, repair,
replacement or other costs from using and recovering the monies due it and from
repossessing the equipment at the cost and expense of the CUSTOMER. Either and all of said remedies are
expressly permitted consented to and authorized by the CUSTOMER.
5.
CUSTOMER
specifically agrees that the value of the leased equipment in the event of any
loss or damage during the rental period is the value listed in the
MANUFACTURER'S current user price list, showing values at the time of the loss,
injury or damage.
6.
The
CUSTOMER shall not sublease the said equipment or assign this agreement to any
other person, firm or cooperation and said equipment shall, at all times,
remain under the immediate exclusive control, supervision and direction of the
CUSTOMER.
7.
The
CUSTOMER agrees not to deface, obliterate, remove or cover the tag or name
plate on the equipment showing the ownership of the LESSOR. The title and ownership shall at all
times remain the LESSOR'S unless an agreement has been reached and payment in
full has bee made by the CUSTOMER to the LESSOR for said equipment.
8.
To
secure the payment of all monies due the LESSOR as and for the rental or
damages due hereunder, CUSTOMER hereby authorities, irrevocably, any attorney
of any Court or record to appear for CUSTOMER in such Court, in term time or
vacation, any time after default, and confess a judgment without process in
favor of the LESSOR or its order for such amount as may appear to be unpaid and
hereon, together with all cost and reasonable attorney's fees.
9.
CUSTOMER agrees to reimburse Daily Projector
Rentals for any state or local taxes which maybe levied upon the equipment or
any use of equipment appearing on this contract.
10. This acceptance of the return of the
rented equipment is neither a waiver by the LESSOR of any claim that he may
have against the CUSTOMER nor a waiver of claims for latent or patent damage to
the equipment.
11. This agreement compromises and
contains the entire agreement between both parties, including any warranties, if any, and may not be
amended of modified except by another agreement in writing, signed by both
partied to this agreement. Time is
of the essence of this agreement.
12. This agreement and the contents
hereof represent the only warranty expressed or implied, between the parties
hereto, including any implied warranty of merchantability for fitness for a
particular purpose and for any other obligation of liability on the part of the
LESSOR.
13. Daily Projector Rentals neither
assumes nor authorizes any other person to assume for it any other obligation
or liability in connection with such equipment, not shall be liable in any
event, for any injury, loss or damage directly or consequently arising out of
the use or inability to use the equipment whether used singularly or in connection
with any other equipment.
14. All equipment is offered for inspection
and test at the time of rental. The
LESSOR does not guarantee, assume responsibility for, or make any
representations for the performance of equipment. 20% of the total continuous
rental fee can be applied toward purchase of rental equipment. This rental fee will not exceed 50% of
manufacturer retail price when option to buy is exercised.
15. When out on daily rental, Saturday
and Sunday to be paid when used.
THE CUSTOMER/RENTER HERBY ACKNOWLEGES
THAT HE/SHE