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Additional Terms Applicable to Rental Agreement

General Equipment & Supply Company, Inc., hereinafter referred to as OWNER, hereby rents to the customer hereinafter referred to as CUSTOMER, and Customer hereby accepts the equipment subject to all the terms and conditions of this Rental Agreement in consideration whereof customer acknowledges and agrees.

CONDITION AND DEFAULT

1. EQUIPMENT is the property of Owner and is in good mechanical condition. Customer shall at his own expense return Equipment in the same condition as when received, ordinary wear and tear excepted, to the place from which rented or other designated location, (unless otherwise provided under the terms and conditions regarding picking up and delivery) on the date specified or sooner if demanded by Owner. In case of default by Customer, or if Owner for any reason deems itself insecure, Owner shall have the right to enter the premises where Equipment is located and remove same therefrom without notice or demand, and in such event shall not be deemed guilty of any trespass and shall not be liable for any loss or damage caused by removal.

PAYMENT COLLECTION AND DAMAGE

2. Customer shall pay Owner on demand at the location designated for payment, all fixed rental, time and/or mileage, service minimum, delivery, pickup, and other changes at the rates so shown or in accordance with any of the provisions of this Rental Agreement, and shall be liable to Owner for all costs and expenses, including reasonable attorney’s fees, incurred in collecting any payment due from Customer hereunder. In addition, CUSTOMER IS RESPONSIBLE FOR AND SHALL REIMBURSE OWNER OR DEMAND FOR ALL LOSS OF OR DAMAGE OF WHATSOEVER KIND OR NATURE TO EQUIPMENT, including but not limited to, Acts of God or Force Majeure. The person signing this Agreement and any other person, firm or organization to whom the person so signing directs that charges be billed shall each be deemed a Customer hereunder and shall be jointly and severally liable for the payment of all moneys due or to become due by reason of this Agreement, Owner shall have a lien to the extent allowed by law for any charges incurred hereunder upon the premises and improvements upon which Equipment has been employed.

AGENCY LIABILTY

3. Customer in the use of Equipment shall in no event be deemed the agent or employee of the Owner in any manner or for any purpose whatsoever.
4. USE OF EQUIPMENT FOR ANY PURPOSE IS AT THE SOLE RISK OF THE CUSTOMER, AND OWNER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO SUCH PROPERTY, OR PERSONS, HOWSOEVER CAUSED.

RATES

5. Where equipment is rented on a daily, weekly or monthly basis, time charges shall be based on current rates of Owner for the time set forth on Page 1 of this Rental Agreement. Equipment is rented with full tank or tanks of fuel. Upon return, Owner shall refill empty tanks and bill Customer. The use of equipment for Multiple Shift operations will be charged at the current Multiple Shift Rate.

USE AND SAFETY

6. Equipment shall be used by Customer solely in the conduct of Customer’s business for the purpose for which said equipment was manufactured and intended and for no other purpose. Customer shall use and require his employees to use, all safety guards provided on the Equipment, and shall follow and require his Employees to follow, all safe operating procedures common in the industry, and to comply with all safety laws or regulations promulgated by duty constituted authority. Equipment shall be kept and maintained only at Customer’s place of business or on job site and Customer shall not remove Equipment or any part thereof to any other place or location without the prior written consent of Owner.

CONDITION OF EQUIPMENT

7. All equipment under this Agreement is rented on an “As is-Where is” basis, the Customer having examined the Equipment to the Customer’s satisfaction. Upon return of vehicle, tires worn 1/32” tread shall incur a charge of $30 per tire.

OPERATION

8. Customer shall use due care in using, maintaining and storing Equipment, and without limiting the foregoing, shall use and operate the same only within its rated capacity, shall restrict the use and operation thereof to safe, careful and competent personnel, shall prohibit anyone other than duly authorized personnel of Owner to make any repairs, other than normal basic services, adjustments and lubrication to Equipment unless expressly authorized in writing by Owner. Customer shall notify Owner immediately of any accident or occurrence, disablement or failure involving Equipment, and thereafter shall promptly furnish Owner in writing all relevant facts and other information required by Owner in connection therewith. In addition to and not in limitation of other obligations of Customer under this Rental Agreement. Customer shall pay promptly, on receipt of invoice from Owner, all costs and expenses of repairing or replacing Equipment or any part of component thereof resulting from overloading or abuse of Equipment, or from failure to comply with any of the provisions of Paragraphs 8,9 or 10 hereof.

NORMAL CARE

9. Customer shall at own cost be responsible for all normal basic service, adjustments and lubrication of Equipment in its daily operation, including but not limited (A) the making of routine check of Equipment at the beginning of each shift; (B) supplying all necessary fuel (gasoline, diesel fuel, electric current, L.P. gas or other fuels), oil, oil filters or elements, water and anti-freeze; (C) checking daily the oil level in the crankcase and automatic transmissions and water in the cooling system and adding oil and water when necessary, and checking daily the air cooling system on air cooled equipment; (D) checking weekly the air pressure of pneumatic tires; (E) for battery powered Equipment, maintaining the proper levels of water in the batteries and properly recharging the batteries; and (F) if Equipment is powered by L.P. gas, furnishing, storing L.P. gas, and cylinders, and changing such cylinders as required. In the event the customer finds the Equipment to not be operating properly or in need of repairs, adjustments or lubrication other than basic service which must be performed by the Customer, they shall immediately cease using Equipment and shall notify Owner.

DAMAGE RESPONSIBILITY

10. All loss or damage to Equipment or any part thereof from any cause whatsoever, including but not limited to fire, theft, comprehensive losses, collision and upset shall be the sole RESPONSIBILITY of Customer and shall be paid by Customer promptly upon receipt of Owner’s invoice. Customer shall be responsible for seeing that Equipment is transported, used and operated only under safe and proper conditions, including but not limited to road and soil conditions and steepness of grade, if as a result of off-highway operation, it becomes necessary to extricate Equipment by towing or other means, Customer shall be responsible for such expenses.

LIABILITY INSURANCE

11. Customer shall at its sole expense obtain and maintain in force continuously a policy of public liability and property damage insurance with bodily injury liability limits of $250,000-$500,000 and property damage liability limits of $100,000, insuring on a primary and not excess or contributory basis against liability for bodily injury including death, and property damage, sustained by any person or persons whomsoever, including but not limited to employees of Customer, as a result of the ownership, maintenance, use, operation, storage, erection, dismantling, servicing or transportation of Equipment pursuant to or in connections with this Rental Agreement, Customer shall, on demand of Owner, furnish a certificate of insurance in accordance with the foregoing, which shall provide that the coverage may not be cancelled or materially modified except on ten (10) days prior written notice to Owner, at its office designated for payment, Customer agrees to abide by all the terms and conditions of sad policy and to make a written report to Owner and the insurer as soon as practical after any accident or occurrence involving Equipment.

HOLD HARMLESS LIABILITY

12. Customer shall defend, indemnify and hold forever harmless Owner and the officers, agents and employees of Owner from and against all loss, liability and expense, including reasonable attorney’s fees, by reason of bodily injury including death, and property damage, sustained by any person or persons whomsoever, including but not limited to employees of Customer, as a result of the ownership, maintenance, use, operation, storage, erection, dismantling, servicing, or transportation of Equipment pursuant to or in connection with this Rental Agreement.

LAW COMPLIANCE

13. Customer shall at its sole expense comply with and conform to all applicable state, federal and local laws, requirements and regulations affecting Equipment and its transportation, including any license and tax requirements applicable to transportation, possession, use or operation thereof, and shall defend, indemnify and hold Owner harmless from all loss, liability and expense as a result of actual or asserted violations of any laws, requirements or regulations. Any and all taxes assessed against the Equipment, including personal property tax, are to be paid by the Customer.

RENTAL CONTRACT ONLY

14. This is contract of rental only, and Customer acquires no right, title or interest in or to Equipment except as expressly provided in this Rental Agreement. Customer shall not suffer any liens or encumbrances to attach to Equipment or any part thereof and shall defend, indemnify and hold Owner harmless from all loss, liability and expense by reason thereof. Customer shall not sublet Equipment nor assign these Rental Agreement in whole or in part. In the event Customer shall permit sub-contractors or others not in Customer’s employ to operate or use Equipment, Customer shall see that such operation or use by others is at all times in accordance with this Rental Agreement, and Customer shall remain fully responsible to Owner for all such use by others.

DELAY

15. Owner shall be responsible for failure to deliver or pick up Equipment or for delay in pickup or delivery of same, and Customer shall defend, indemnify and hold Owner harmless from all claims by any persons whomsoever as result of such failure or delay.

WAIVER

16. No right of Owner under this Rental Agreement may be waived except by written instrument duly assigned by an officer of Owner.

WARRANTY

17. Customer is given the opportunity of a warranty on Equipment equal to 10% of the rental amount. Owner makes no warranties regarding said Equipment, either express or implied beyond the warranties set forth herein, and shall have no liability for direct, indirect, or consequential damage or delay. There are no other warranties given, expressed, or implied including the implied warranty of merchantability or fitness for a particular purpose.