Hours: Standard usage is 8 hours per day, 40 hours per week, or 160 hours per month.
DISCLAIMER OF WARRANTIES: Lessor makes no warranty against defects in the equipment, materials, workmanship, capacity, stability, or safety of the Equipment, which is the subject of this Agreement. LESSORS, ITS SUCCESSORS AND ASSIGNS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE, AND SHALL NOT BE LIABLE TO LESSEE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS OR INCOME, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER.
Signature designates authority to act on behalf of al users of the Equipment and to bind al users of the Equipment and constitutes acceptance of the Terms and Conditions of Bigfoot Equipment Rental & Supply LLC set forth herein and including those on the reverse side of this document, if any. Lessee accepts all such terms and acknowledges receipt of an executed copy of this Agreement.
Standard usage is 8 hrs. per day or 160 hrs. per month. Overtime usage is determined by service meter hour readings, and if no such service meter hour reading is available, then overtime usage shall be billed at an 8 hr. per day rate for any partial day of usage, unless otherwise agreed to by the Parties. This agreement shall extend beyond the term at the same terms, if Lessee holds the Equipment over the specified term of lease set forth herein. Lessee shall check engine, oil, water, fuel, and other fluids daily. Lessee shall be responsible for the cost of all the tire maintenance, fuel usage, missing parts, and all damage to the Equipment other than "ordinary wear and tear." Lessee shall be responsible for all damage arising from improper care or improper use and shall pay the cost associated with such damage upon demand as set forth herein.
1. Equipment location: If the Equipment is not delivered at Lessee's location it will be delivered to the listed address unless otherwise stated herein. The Equipment shall only be used at the listed address unless otherwise stated in this Agreement.
2. Tires: Notwithstanding any other provision in this Agreement, Lessee shall pay for and be responsible for all damage to tracks, tires, and tubes caused by blow-outs, bruises, cuts, road hazards, or other causes inherent in the use of the Equipment and shall pay the cost of such damages and repairs upon demand.
3. Theft: Lessee shall be and is responsible for all damages arising from the theft of or vandalism to the Equipment while in the care and custody of Lessee.
4. Malfunctioning Equipment: Should the Equipment become unsafe in any respect whatsoever, malfunction, or require any repair, Lessee shall immediately cease use of the Equipment and immediately notify Lessor. If such condition is the result of normal operation, Lessor will repair or replace the Equipment with similar Equipment in working order if such replacement Equipment is available and if such repair can be accomplished within reasonable time. Lessee shall have no claims for consequential or incidental damages or losses against Lessor whatsoever. Lessor has no obligation to repair or replace Equipment rendered unsafe, inoperable or in a state requiring repair on account of misuse, abuse or neglect, or Lessee’s failure to comply with the terms and conditions herein.
5. Past Due Accounts: In the event Lessee fails to pay all sums due timely and as set forth in this Agreement, time being of the essence, Lessor may charge, in addition to any other remedy available to Lessor, a sum of 1.5% per month on all outstanding sums.
6. Operators: Lessor shall furnish no operator, directly or indirectly, with the Equipment or any vehicle leased hereunder. In consideration of this Agreement, Lessee represents and warrants that any person operating the Equipment, or any vehicle leased hereunder, is independently knowledgeable in the operation of the Equipment, competent to operate the same and that no persons without such knowledge or competency shall be allowed to use or operate the Equipment. To the extent any license or certification should be required to operate the Equipment, Lessee further represents and warrants that any person operating the Equipment possesses all such licenses or certifications as applicable.
7. Deposit: Lessee acknowledges that one of the purposes and intents of the deposit, if a deposit is requested and obtained, is to secure and guarantee complete performance of Lessee’s obligations under this Agreement. Lessor may use the deposit to correct any failure in performance by Lessee and Lessor may commingle the deposit with its funds and Lessee shall not be entitled to interest thereon. The deposit, if not used to remedy Lessee’s failure of performance, will be returned within reasonable time to Lessee, pending compliance with this Agreement.
8. Warning: The use of a false or fictitious identity to obtain the Equipment or the failure to return the Equipment timely without sufficient cause and upon the Return Date set forth in this Agreement may be considered as theft, resulting in criminal prosecution.
9. Possession/Title: Lessee’s right to possession of the Equipment terminates on the Return Date indicated on the front of this Agreement, time being of the essence, or upon termination of this Agreement, whichever occurs first. Retention of the Equipment after the Return Date or after termination is a material breach of this Agreement, and, without limitation on any rights or remedies of Lessor, in such event Lessee shall pay all applicable fees as provided for herein. Any extension of this Agreement must be agreed to by Lessor in writing. Title to the Equipment shall at all times be with Lessor. If the Equipment is not returned on the Return Date regardless of reason, and there is no Agreement to extend this Agreement, or if the Equipment is levied upon, Lessor may terminate this Agreement and retake possession of the Equipment without further notice or legal process and use reasonable force necessary to do so, without liability for such. Lessee hereby agrees to indemnify, defend, and hold Lessor harmless from any and all claims and costs arising from the retaking of the Equipment. In the event of any levy on the Equipment, Lessee shall notify Lessor immediately.
10. Inspection and Receipt of Equipment: Lessee hires, accepts, and takes the Equipment on an “AS IS” basis and without warranty. Lessee represents and warrants that Lessee has inspected the Equipment prior to using the Equipment, that Lessee is competent to inspect the Equipment or will have someone competent to inspect the Equipment do so prior to using it, and that the Equipment is suitable for Lessee’s purposes and intended uses in all respects. Lessee specifically acknowledges receipt of the Equipment listed in this Agreement in good working order and repair. Lessee warrants that Lessee and any person using or operating the Equipment understands its proper use and operation without further instruction from Lessor or others. Lessee acknowledges that Lessee has had and taken the opportunity to inspect the Equipment including all hitches, bolts, safety chains, hauling tongues, and other devices, materials or components used to connect any Equipment to Lessee’s vehicle, if any, and Lessee declares that Lessee has received the Equipment in good operating condition.
11. Solvency: Lessee represents that Lessee is not insolvent and has full financial ability to comply fully with the terms of this Agreement. Lessee agrees that Lessee will immediately notify Lessor if it should become insolvent or if it has any basis to believe that insolvency is likely. Should either occur, Lessee shall also immediately return the Equipment to Lessor.
12. Rental Period/Rate/payment: The rental period is for a maximum of 24 hours unless a longer period is specified in the box marked “Return Date” on the first page of this Agreement. Rental charges begin immediately upon delivery of the Equipment to Lessee. Rental charges end upon return of the Equipment to Lessor in the condition required, fully operational and without defect, but subject to “ordinary wear and tear” as set forth herein. If the Equipment is returned prior to the Return Date, the rental amount due shall be for the entire rental period agreed. Lessor may terminate this Agreement at any time without liability for damages and retake possession of the Equipment in the event of any breach of the Agreement by Lessee. Rental rates are based upon standard usage, which means upon every 8 hours per day, 40 hours per week, and 160 hours per month (four weeks).
13. Attorney Fees and Costs: Lessee agrees to pay Lessor’s attorney fees, costs of collection, and any suit incurred in relation to the enforcement of this Agreement, including those incurred in a trial court, appellate court, in arbitration, or in any bankruptcy proceeding.
14. Ordinary Wear and Tear: “Ordinary wear and tear” shall mean only the normal deterioration of the Equipment caused by proper, ordinary, and reasonable use of the Equipment. Damage which is not “ordinary wear and tear” includes but is not limited to: damages resulting from lack of fluids and lubricants, including failure to maintain oil, water, fuel, hydraulic fluids, and air or hydraulic pressure; damages due to impact, overturning, overloading, exceeding rating capacity, improper use, or abuse; using the Equipment for an activity for which it was not intended or designed; failure to maintain filters; tire damage or tread damage. Lessee shall check all filters, oil and fluid levels, and air pressure regularly and shall assure that proper levels are maintained at all times. Lessee shall be liable for and pay for all damage to the Equipment other than “ordinary wear and tear.”
15. Compliance with Laws/Use of Equipment: Lessee shall not use or allow anyone to use the Equipment for any illegal purpose or in any illegal manner. Lessee acknowledges that Lessor has no physical control over the use of the Equipment once delivered. Lessee agrees that, at Lessee’s sole cost and expense, it shall comply with all applicable laws, ordinances, rules, and regulations, including those of the Occupational Health and Safety Administration, Department of Environmental Quality, and other such entities, which may apply to the use of the Equipment during Lessee’s use. Lessee further agrees to pay for all fees, licenses, permits, and taxes or other fees arising out of the use of the Equipment while in Lessee’s possession. Lessee shall not permit the equipment to be used or operated by any person or entity other than Lessee or Lessee’s duly authorized employee. Lessee represents that the only person operating the Equipment has experience and training in the safe and proper use and operation of the Equipment. Lessee shall not permit, and agrees to assure, that no person who is under the influence of drugs or alcohol will at any time operate the Equipment. Lessee shall not allow any person to operate the Equipment when it is in need of repair or when it is in an unsafe condition; Lessee shall not modify, misuse, damage, or harm the Equipment; permit any repairs to the Equipment without Lessor’s written permission, or allow any lien to be placed upon the Equipment. Lessee shall discontinue use of the Equipment and immediately notify Lessor if the Equipment is in need of repair or becomes unsafe. Lessee agrees that Lessor shall have no responsibility to inspect the Equipment while it is in Lessee’s possession, custody, or control.
16. Return of Equipment: Lessee shall return the Equipment during regular business hours and upon the Return Date set forth in this Agreement, or upon the termination of the Agreement, whichever occurs first, in as good condition as when received, “ordinary wear and tear” expected. Lessee shall be responsible for and shall pay for any damage to the Equipment caused by any third party, including that which arises from theft, vandalism, or other loss.
17. No Assignment or Subletting: Lessee shall not sublet, loan, or assign the Equipment whatsoever. Lessee shall not assign any right or obligation of Lessee under this Agreement. Lessee shall not remove the Equipment from any address at which Lessee represents it is to be used at without the express permission of Lessor.
18. Default: Should Lessee in any way fail to observe or comply with any provision of this Agreement, Lessor shall have all remedies at law or in equity, including without limitation, the following, which shall be cumulative: (a) the right, at Lessor’s option, to terminate this Agreement; and/or (b) retake possession of the Equipment without notice or other legal process with reasonable self-help; and/or (c) declare all sums due hereunder immediately due and payable. The exercise of any remedy by Lessor shall not be an election of remedies, and shall not be a waiver of any further or additional remedies.
19. Accidents and Indemnification: As additional consideration for this Agreement, Lessee agrees to defend, indemnify, and hold harmless Lessor, its officers, directors, members, and employees, from and against all loss, liability, claim, action, damage, or expense, including reasonable attorney fees, arising out of Lessee’s use or possession of the Equipment. The foregoing includes, without limitation, property damage and bodily injury, including death, sustained by any person or persons, arising out of the use, maintenance, possession, transport, operation, erection, dismantling of the Equipment, or any failure to comply with the terms of the Agreement, except to the extent caused solely by the gross negligence or intentional wrongdoing of Lessor.
20. Non-Waiver/Severability: Any failure of Lessor to insist upon strict performance by Lessee of any provision of this Agreement shall not be a waiver of Lessor’s right to demand strict performance with all other provisions. No waiver of performance in one instance shall be a waiver in any other instance, or with respect to any other provision of this Agreement. The provisions of this Agreement shall be severable so that any unenforceability, invalidity, or waiver of one provision shall not affect the enforceability or validity of any other provision.
21. Entire Agreement: This Agreement contains the entire Agreement and understanding of the parties hereto, and supersedes any other agreements, oral or otherwise, if any. It is agreed that there are no other agreements except as set forth herein and this is the final expression of the parties with respect to the lease of the Equipment.
22 Lessee’s Insurance Obligation: Lessee shall, at all times during the term of this Agreement, maintain in force property damage insurance, public liability, and third party property damage insurance with limits of liability for bodily injury and death of no less than $500,000.00 for each person in each accident, with liability for property damage of $250,000.00 for each accident on a primary and no excess or contributory basis, against Lessee’s liability for damage sustained by any person or persons, including but not limited to, Lessee’s employees, as a result of the use, operation, maintenance, transport, storage, possession, erection, dismantling, or servicing of the Equipment. Upon request, Lessee shall furnish Lessor with certificate(s) of insurance demonstrating such insurance. The insurance requirements herein are now a limitation of Lessee’s liability hereunder.