Customer Responsibilities Insurance - General Conditions

1. Rental rates shall apply for the entire time the Equipment is away from Lessor's place of business, regardless of the weather.
   
   
2. Lessee agrees to pay Lessor for all loss and damage to the Equipment arising from any cause whatsoever that may occur during the term of this contract, including strikes, riot, and civil commotion. Lessee shall be liable for all expenses, personal injury, property damage, and claims arising out of Lessee's possession, operation, or transportation of the Equipment, and Lessee shall hold Lessor and Lessor's successors and assigns harmless therefrom.
   
   It is agreed by the parties hereto that the value stated above is the Equipment's true value, which shall be used in case of loss or damage. In setting Lessee's liability for loss or damage to Equipment, Lessee shall be credited with the amount of any insurance payments received by Lessor for the damaged Equipment.
   
   
3. Lessee shall protect Lessor with full liability insurance coverage. Lessee's liability insurance shall cover loss, injury, death, or damage occasioned or caused by or in connection with the Equipment, and shall further protect Lessor against public liability of any and every kind.
   
   Lessee shall keep the Equipment insured against all risks of physical damage or loss at not less than the market value of the Equipment.
   
   All insurance required by this section shall insure both the Lessor and Lessee, with Lessee being named as an additional insured. All such policies shall be written by companies and in amounts satisfactory to Lessee. Lessee shall furnish Lessor with certificates showing such coverages to be in effect, upon request.
   
   
4. Lessee shall be responsible for and shall bear the expense of all fuel, lubrication, and maintenance for each item of Equipment. Lessor undertakes no obligation with respect to repairs or replacements of parts, attachments, accessories, or Equipment, except as provided in section 9 of these Conditions. Lessee shall, at its expense and at all times during the term hereof, maintain each item of Equipment in good operating order, repair, and maintenance. Lessee shall lubricate and practice preventive maintenance for each item of Equipment at regular intervals as suggested in the manufacturer's service manual. Lessee agrees to maintain the Equipment in the same condition as when received from Lessor, usual and ordinary wear and tear excepted. Lessee agrees that in effecting maintenance and repairs, Lessee will have such work performed only by qualified persons who are satisfactory to Lessor.
   
   Lessee acknowledges that all motorized Equipment has been filled with fuel by Lessor at the commencement of this rental contract. Lessee shall refill the fuel before returning the Equipment to Lessor. Should the Equipment not be refilled with fuel, Lessor shall charge Lessee $7.00 per gallon to refill the fuel to full.
   
   Lessee must return the Equipment to Lessor in a clean condition, free of any debris. Should the Equipment be returned in an unclean condition, Lessor shall charge Lesse a clean-up fee, the minimum amount of which will be $100.00 per item.
   
   
5. Lessee agrees that the Equipment shall be used solely in the conduct of Lessee's business, for a business or commercial purpose. Lessee represents that the Equipment will not be used for personal, consumer, household, or family purposes. Lessee acknowledges that each item of Equipment is of a size, design, and capacity selected by Lessee and is suitable for Lessee's intended purposes.
   
   During the term of this contract, Lessee further agrees: that the Lessee will keep the Equipment within Lessee's possession and under its control; that the Equipment will be used solely by the Lessee or its employees and only for the purposes intended for the Equipment by the manufacturer; that the Equipment will be operated only by competent employees of Lessee; that the Equipment will not be used beyond its normal capacity; and all of the Equipment will be kept in a protected area when not in use.
   
   
6. Lessee may not sublease any of the Equipment. Lessee may not remove any of the Equipment from the county and state specified in this contract without Lessor's written consent.
   
   
7. Title to the Equipment shall at all times be vested in the Lessor unless transferred to Lessee through sale. Lessee shall not encumber or grant security interests in any of the Equipment. Lessee shall give immediate notice to Lessor of any levy attempted or threatened upon any of the Equipment, and shall indemnify Lessor against all loss and damages caused by any seizure. In case of any attempted or threatened seizure, Lessor shall be entitled to immediate possession of the Equipment.
   
   
8. Lessee shall comply with and conform to all municipal, state, and federal laws and regulations relating to the operation of the Equipment. Lessee shall pay all costs and expenses of every character occasioned by or involving the use or operation of the Equipment, except as provided otherwise by section 9, below.
   
   
9. Lessor warrants that the Equipment will be provided to Lessee free from defects in materials and workmanship when used under proper and normal conditions. Should any of the Equipment fail to conform to this warranty, and provided no such failures or defects are in any way attributable to the fault of the Lessee, lessee's agents, employees, or other users during the term of this Contract, then Lessor will, at Lessor's option repair or replace the defective Equipment.
   
   The foregoing warranty does not apply to damage or defects caused by ordinary wear and tear. The foregoing warranty is exclusive and in lieu of all other remedies or warranties whether written, oral, expressed, or implied (including any warranty of merchantability or fitness for purpose, which lessor hereby disclaims
   
   The foregoing shall constitute Lessee's sole remedy and Lessor's sole basis of liability under any legal theory or theories whatsoever including, but not necessarily limited to: warranty; tort; fraud; or contract. The foregoing warranty does not include reimbursement for the expenses of labor, transportation, installation, removal, or any other expenses which may be incurred by Lessee. In no event shall Lessor be liable for any penalty or for any special, liquidated, indirect, consequential, or punitive damages, including but not limited to: lost profits or revenues; time lost; or any other damage or injury suffered by Lessee or any other person while the Equipment is inoperable for any reason, and no deductions shall be made from rental payment(s) therefore.
   
   Lessee's receipt of the Equipment shall constitute acceptance and acknowledgement that the Equipment is in good, safe, and serviceable condition and fit for Lesee's use, unless Lessee makes a written claim to the contrary to Lessor within three (3) days after Lessee's receipt of the Equipment.
   
   
10. A finance charge of 1½ percent per month (18% per year) will accrue upon any invoice not paid within thirty days of that invoice. To the extent not otherwise prohibited by law, Lessor may charge a $30 fee for any check which is returned unsatisfied.
    
    
11. To the extent not otherwise prohibited by law, Lessee shall pay Lessor's actual and reasonable attorney's fees, costs, and disbursements incurred because of Lessee's failure to make payment or breach by Lessee of any of the conditions herein.