Terms & Conditions of Rental
This is a contract. The words renter, buyer, you and yours mean the person who signs this contract (or are obligated under its terms). We, our and dealer refer to Shish-Kabob Hut. I the undersigned renter, specifically acknowledge that I have received and understand the instructions regarding the use and operation of the rented equipment. Renter further acknowledges that he has read and fully understands the within equipment rental contract and agrees to be bound by all of the terms, conditions and provisions hereof. Renter acknowledges that he has received a true and correct copy of this agreement at the time of execution thereof.
In consideration of the hiring of the equipment by the undersigned (hereinafter referred to as the “Renter”) from the Shish-Kabob Hut (hereinafter referred to as the “Dealer”) upon the terms and conditions and for the price herein specified, it is agreed as follows:
- Rental and Term: Begins on the date and time specified as “Date Equipment Out” and terminates on the date and time specified as “Date Equipment Due In” unless otherwise amended in writing on this contract. Rental charges commence on delivery of Equipment to renter and end upon return of Equipment to Dealer’s premises. Dealer may terminate Rental at any time and take possession of the equipment. Renter agrees to pay, on return of equipment to Dealer’s premises, all charges and costs for the use thereof. Renter’s right to use the equipment terminates on the expiration and due dates set forth above unless extended in writing by Dealer.
- Conditions of Hiring, Inspection Privilege and Waiver of Defects: Renter accepts and hires the Equipment on an “as is” basis. Renter acknowledges receipt of all of the Equipment in good working condition and repair and declares that Renter fully understands its proper operation and use. Renter acknowledges and declares that Renter has examined the Equipment. Renter is responsible for loading the goods. If the Dealer’s employees assist in loading or unloading the goods, the Renter agrees to assume the risk of, and hold the Dealer harmless for, any property damage or personal injuries including damage or injuries attributable to the negligence of the Dealer or his employees. Renter agrees to return the Equipment to the Dealer’s premises upon the expiration and due date hereof in as good condition as when received by Renter, ordinary wear and tear excepted. “Ordinary wear and tear” shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one use basis. Renter agrees to pay immediately all charges and costs incurred.
- Equipment Becomes Unsafe or in Disrepair: Renter will immediately discontinue use of the personal property should it at anytime, following the execution of this agreement or any subsequent agreement, become unsafe or in a state of disrepair. Furthermore, the Renter will immediately notify the Dealer that the Equipment is unsafe or in disrepair and until such time as Dealer has regained possession the Renter agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the Rental Equipment or product.
- Compliance With Laws: Renter acknowledges that Dealer has no control over the use of the Equipment by Renter, and Renter agrees, at his sole expense, to comply with all municipal, county, province and federal laws, ordinances and regulations which may affect the Equipment while it is in the possession of and use by the Renter. Renter shall not permit any person who is not legally qualified to use the Equipment.
- Permitted Area of Use of Equipment: Without Dealer’s written consent, Renter shall not remove the Equipment from the county in which it is rented.
- Renter’s Liability for Misuse of Equipment: Renter shall not abuse, harm or misuse the Equipment. Renter shall not permit any repairs to be made or lien to be placed upon the Equipment without Dealer’s written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Renter’s use and hiring of said Equipment, Renter agrees to accept all responsibility therefore and shall hold Dealer harmless from any claims or action arising therefrom. Renter shall furnish Dealer with complete report of any accident involving said Equipment, including names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of loss or destruction of any part of the Equipment, or of loss of possession thereof, or inability to return same to Dealer, on the expiration and due date, for any reason whatsoever, Renter shall pay Dealer the actual replacement cost thereof, and in addition thereto Dealer’s loss of use of said Equipment.
- Disclaimer of Warranties: DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter’s sole remedy for any failure of or defect in the Equipment shall be the termination of the rental charges at the time of the failure, provided the Equipment is returned to Dealer within 24 hours after such failure. Dealer shall not be responsible for any loss, damage or injury to Renter or Renter’s property, including incidental, special or consequential damages, in any way connected with the operation, use, defect in or failure of the Equipment.
- Use of Deposit, and Liability for Late Payment, upon Breach by Renter: Renter acknowledges that the purpose and intent of the deposit paid by Renter hereunder is to secure payment of rental charges hereunder and to guarantee the full and complete performance of each of all of the terms, covenants, and agreements to be performed by Renter hereunder. Renter agrees to pay a late payment penalty at the rate of one and one half percent (1 ½%) per month on all delinquent accounts.
- Indemnification of Dealer by Renter: Renter expressly indemnifies and holds Dealer harmless from and against any and all claims, loss, costs, damages, attorney’s fees, and/or liability in connection with the hiring and use of the Equipment regardless of whether a lawsuit is filed in the event a suit is instituted by Dealer to recover possession of said Equipment or to enforce any of the terms, conditions or provisions hereof. Renter agrees to pay all costs and reasonable attorney’s fees of Dealer incurred in connection therewith.
- Theft Warning: Failure to return Equipment on the expiration and due date in certain circumstances will be considered a theft, resulting in a criminal prosecution.
- Title: Title to the Equipment is and shall remain in Dealer. If the Equipment is levied upon for any reason whatsoever, Dealer may retake the Equipment without notice or legal process, and may take all action reasonably necessary to do so.
- Construction: The paragraph headings used herein are for convenience only and are not to be used in construing the meaning or intent of any of the terms or provisions of this Rental Contract.