Definition: Wherever the term equipment is used, it shall mean trucks, mobile equipment, stationary equipment, hand tools, etc. or any other items for rent.
Loss or Damage to Equipment: Customer is liable for all damage, loss or theft of equipment
Damage Waiver: Customer acceptance of damage waiver relieves the customer from liability for damage to the equipment unless equipment is used in any of the following manners:
Lessor, Maryland Pipe & Supply Co, hereby agrees to lease to Lessee the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:
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Title and Ownership: The leased equipment shall at all times be and remain the sole and exclusive property of the Lessor. Lessee shall have only the rights to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display a notice of its ownership of the equipment by display of an identifying stencil, plate or other marking and Lessee agrees that it will not remove or cover such markings without the written permission of Lessor. It is expressly intended and agreed that the equipment shall be personal property even thought it may be affixed or attached to real estate. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of Lessor.
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Inspection: Lessee acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Lessee understands its proper use. Lessee further acknowledges Lessee responsibility to inspect the equipment prior to its use and to notify Lessor of any defects.
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Replacement of Malfunctioning Equipment: If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue its use and to notify Lessor. Lessor will repair or replace the equipment with similar equipment in good working order if available and if the defect is the result of normal use, Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise, and Lessee hereby waives any right or entitlement thereto.
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Warranties: Lessor is not the manufacturer of the rented property, nor the agent of the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given and Lessee expressly waives all such warranties of fitness which may be accorded by law or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness or otherwise are expressly and specifically waived by customer.
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Hold Harmless Agreement: Lessee shall defend, indemnify and hold harmless Lessor, its employees, agents and subsidiaries from and against all claims, liabilities, losses, damages to property or otherwise, and expenses of every character whatsoever resulting from the actions, negligent or otherwise, of Lessee, Lessee’s employees and agent of Lessee or Lessee subcontractor. The indemnities included in this exhibit shall include reasonable attorney fees paid by Lessor in defending suit and actions involving liability covered by the indemnification provision in this paragraph.
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Time of Return: Lessee right of possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of Lessee’s obligations under this contract. Time is of the essence in this agreement. Any extension must, at Lessor’s election, be mutually agreed upon in writing.
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Assignments, subleases and loans of equipment – The Lessor may assign its right under this contract without the Lessee’s consent, but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor’s written permission. Any purported assignment by the Lessee is void.
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Return of Equipment – At the termination of this agreement, Lessee shall return all the equipment to Lessor’s premises during Lessor’s regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Lessor’s regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee, Lessee shall be responsible for all losses or damage to the Equipment from the time of delivery to Lessee and until picked up by Lessor.
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Inspection by Lessor – Lessor shall, at all times, have the right to enter any premises where the Equipment may be located for purposes of inspecting it, observing its use, or removing it from Lessee’s premise.
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Permits and Licenses – Lessee shall, at its own expense and prior to the installation of the equipment, provide all necessary permits, licenses, and other consents.
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Delivery/Pick-up: Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this service is required, arrangements should be made several days prior to delivery with a special charge quoted.
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Damaged Equipment - Lessee agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be paid for by Lessee at its Replacement Cost when rented. The cost of repairs will be borne by the Lessee whether performed by Lessor, or at the Lessor’s option by others.
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Damage Waiver – If accepted by Lessee, Lessor agrees, in consideration of an additional charge of 10% of the gross rental charges, to modify the responsibilities of Lessee created in paragraph 12 (Damaged Equipment) for Damage Waiver Charge provided the Lessee takes reasonable precautions to protect equipment. The Lessor assumes risk of damage to equipment, except the following risks assumed by the Lessee [a] Loss, damage, vandalism, malicious mischief, and theft [b] Loss, damage or theft of accessory equipment such as extension cords, etc [c] Loss due to mysterious disappearance or wrongful conversion by a person entrusted with equipment [d] Damage Waiver is null and void if damage is caused by a third party not associated or related to Lessee. In this instance the Lessor reserves the right to collect from person or company causing damage. THE LESSEE UNDERSTANDS THAT THE DAMAGE WAIVER IS NOT INSURANCE. THE LESSEE IS OBLIGATED TO SUBMIT TO THE LESSOR A POLICE REPORT ON ALL LOSSES COVERED UNDER DAMAGE WAIVER PLAN. The Lessee may decline Damage Waiver charge by making a cash deposit equal to full value of equipment.
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Theft of Equipment – The Lessee agrees to pay for equipment (at its replacement cost when rented) for all types of theft or mysterious disappearance. Damage Waiver does not cover theft.
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Collection Costs – The Lessee agrees to pay all reasonable collection attorney’s and court fees and other expenses involved in the collection of charges or enforcement of the Lessor’s rights under this contract.
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Weather Related Risks – Lessee assumes all weather related risks. Lessor will endeavor to minimize said risk, however, should the equipment become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Lessor’s control, Lessee shall still be liable for payment in full of all charges.
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Failure to Return – If Lessee fails to return any items at the expiration of the rental period for any reason, Lessee agrees to pay for each and every day that the item is not returned to Lessor’s place of business. In the event Lessee has provided credit card information to Lessor, Lessee hereby authorizes Lessor to charge Lessee’s credit card for each and every day that the equipment is not returned to Lessor. Lessee further authorizes Lessor to charge Lessee’s credit card, any charges incurred by Lessor in repossessing the property in the event Lessee fails to return the leased property to Lessor. Lessee shall be liable for any loss or theft of equipment.
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Repossession – Should Lessee breach any provision of this contract, Lessor may terminate Lessee’s right to possession and take possession of any items wherever they are and Lessor shall not be liable for any claims for damage or trespass arising out of the repossession.
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Credit and Debit Card Authorization – You specifically authorize Lessor to charge Lessee’s credit card (such as Visa, MasterCard, American Express, Discover) or debit card for any and all charges related to this rental. This includes, but is not limited to, rental charges, cleaning charges, damage, loss of rental, costs of repairs as a result of the rental and charges.
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Waiver of Jury Trial – Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver or important legal rights and (B) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocable and unconditionally waives its jury trial rights.
