Equipment Rental Agreement
1. The Lessee shall keep and maintain the rented equipment during the terms of the rental at her/his cost and expense. She/He shall keep the equipment in a good state of repair, normal wear and tear excepted. Products will be free of any defect in materials for the period of rent, will be covered parts & labor, the Lessor’s warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglection, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature, or improper installation or repairs made by anyone other than Authorized Service Center,or authorized third-party service provider.
2. The Lessee shall pay the Lessor full compensation for replacement for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted.
3. The Lessee shall not remove the equipment from the address of the Lessee or the location shown herein as the place of use of the equipment or sublease to others without prior written approval of the Lessor. The Lessee shall inform the Lessor upon demand of the exact location of the equipment while it is in the Lessee’s possession.
4. The equipment shall be delivered to the store location of Lessee and returned to store or mail to Lessor at the Lessee’s risk, cost and expense. If a periodic rental rate is charged by Lessor, rental charges are email to the Lessee for each period or portions of the period form the time the equipment is delivered to Lessee until its return. If a term rental rate is charged by Lessor, rental charges are email to the Lessee for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned.
5. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by Lessor does not constitute a waiver of any of the rights Lessee has under the rental agreement.
6. The Lessee shall allow Lessor to enter Lessee’s premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the Lessee is in default of any of the terms and conditions of this agreement, the Lessor, and his agents, at the Lessee’s risk, cost and expense may at any time enter the Lessee’s premises where the rented equipment is stored or used at all time and recover the rented equipment.
7. The Lessee shall not pledge or encumber the rented equipment in any way. The Lessor may terminate this agreement immediately upon the failure of Lessee to make rental payments when due, or upon Lessee’s filling for protection from creditors in any court of competent jurisdiction.
8. The Lessor makes no warranty of any kind regarding the rented equipment, except that Lessor shall replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions. Such replacement shall be made as soon as practicable after Lessee returns the non-conforming equipment.
9. Lessee indemnifies and holds Lessor harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
10. The Lessee shall pay all reasonable attorney and other fees, the expenses and costs incurred by Lessor in protection its rights under this rental agreement and for any action taken Lessor to collect any amounts due the Lessor under this rental agreement.
11. These terms are accepted by the Lessee upon receipt of the terms to the Lessee or other representative of Lessee.