This is a contract. The back and/or second page of this contract contains important terms and conditions including lessor's disclaimer from all liability for injury or damage and details of customer's obligations. These terms and conditions are part of this contract - Read Them!
CUSTOMER RESPONSIBLE FOR FUEL ON RETURN OF EQUIPMENT. MOTOR CITY RENTALS CHARGES $7.50 PER GALLON OF FUEL, (DIESEL OR UNLEADED).
14% DAMAGE WAIVER CHARGED ON ALL RENTALS, UNLESS CUSTOMER PROVIDES INSURANCE CERTIFICATE.
DAMAGE WAIVER COVERS FIRE, THEFT AND VANDALISM ONLY.
--CUSTOMER MUST CALL FOR PICKUP ON ALL DELIVERIES--
DEFINITIONS. “Motor City Rentals." means the corporate entity identified on the first of this page of this Rental Contract from whom the Customer has rented the Equipment. "Equipment" means any one or more of the items identified as such on the first page of this Rental Contract, and shall include any accessories, attachments or other similar items delivered to Customer. “Customer" means the person or entity identified as such on the first page of this Rental Contract, including any representative. Agent, officer, or employee of Customer. "Rental Period" means the period of time between the "Date Out" and the "Date Due In," set forth on the first page of this Rental Contract, except that the Rental Period may terminate earlier as provide below. RENTAL CHARGES & RENTAL PERIOD. Rental charges are due in advance unless previous arrangements are made. Rental charges accrue during Saturdays, Sundays, and Holidays. The rental charges for normal usage are based on 8 hours per day 40 hours per week or 160 hours per month. Customer will pay for any equipment usage in excess of the hours specified above. Operation in excess of one shift (eight hours per day) will be billed at Motor City Rentals standard premium rates. The number of hours used will be determined by the standard hour meter attached to the equipment. Customer will truthfully and accurately certify to Motor City Rentals the number of shifts the equipment was operated. Customer's right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of this Rental Contract. TRUCKING. Customer will pay the cost of transport for all Equipment, to and from Motor City Rentals yard. ACCE PTANCE & INS PECTION OF EQUIPMENT. Customer acknowledges that the Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for the Customer's needs. Customer is familiar with the proper operation and use of each item of Equipment. SIGNATURE. Customer agrees that its signature or the signature of its employees or agents contained on the face of the rental agreement will be valid to bind the Customer to the term and conditions. Any extension of this agreement or future agreements concerning the rental of the equipment referred to on the face of this agreement, and without signing any extension of this agreement. This provision shall apply to subsequent billings or agreements in excess of the time limitations indicated in the Rental Charges" provision above. OPERATION, USE & MAINTENANCE OF EQUIPMENT. Customer agrees to operate the equipment in the manner for which it was intended to be used. Customer will not use or allow anyone to use the Equipment: (a) for an illegal purpose or in an illegal manner, {b) without a license, if required by law, or (c) who is not qualified to operate Equipment. Customer agrees at sale customer expense, to comply with all applicable Municipal, state, and federal laws, ordinances and regulations (including 0.S.H.A.) which may apply to the use of the equipment. Customer agrees to check filters, oil, fluid levels and tire air pressure, to clean and visually inspect the Equipment daily and to immediately notify Motor City Rentals when Equipment needs repair or maintenance. Customer will maintain equipment in good condition and working order, and will pay all expenses for the use and maintenance of the equipment. Customer will return the equipment to Motor City Rentals in U1e same condition as when received, reasonable wear and tear accepted. Customer is responsible for the cost of repairs computed at the same rate Motor City Rentals would charge any customer for similar repairs. Motor City Rentals reserves the right to charge for any repairs resulting from the Customer's abuse of the equipment. Customer is responsible for fuel used. Repair and replacement of tires and tubes is the responsibility of the Customer, and is not included in the rental rate. REASONABLE WEAR & TEAR. Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one-shift (8 hours per day, 40 hours per week) basis. Reasonable wear and tear shall not include: (a) damage resulting from a lack of lubrication or maintenance of necessary oil, water and air pressure levels; (b) damage or excessive wear caused from usage in excess of number of shifts it was rented for; (c) damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity of the Equipment: (d) damage of the Equipment which is not considered ordinary and reasonable in the equipment rental industry. Equipment shall be repaired to the satisfaction of Motor City Rentals and in a manner which will not adversely affect the operation, manufacturer's design or value of the Equipment. EQUIPMENT FAILURE/MALFUNCTION. Should the equipment become unsafe, malfunction or require repair, Customer shall immediately cease using the Equipment and immediately notify Motor City Rentals. Motor City Rentals will repair or replace the Equipment with a similar type/model of Equipment, if such replacement Equipment is available. Motor City Rentals shall not be obligated to fix or replace Equipment rendered inoperable by misuse, abuse, or neglect. Customer's sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. Customer must notify Motor City Rentals immediately upon failure to terminate any applicable rental charges. RETURN OF EQUIPMENT, DAMAGED & LOST EQUIPMENT. Customer will return the Equipment to Motor City Rentals at the end of the rental period in the condition and repair as when delivered to Customer, subject to reasonable wear and tear, as previously defined above. Customer, solely, shall be liable for all damages to or loss of the Equipment from the time the Equipment leaves Motor City Rentals until the Equipment is returned to Motor City Rentals In the case of the loss or destruction of any Equipment, or inability or failure to return same to Motor City Rentals for any reason whatsoever, Customer will pay Motor City Rentals the then full replacement full value together with all accrued rental as specified until such Equipment is replaced. If, upon return, the Equipment is in a damaged or excessively worn condition, Customer shall pay Motor City Rentals the cost for all repairs to return the Equipment to its previous condition, less reasonable wear and tear, and pay rental on the Equipment at the regular rental rate until alt repairs have been completed. INSURANCE. The Customer shall maintain physical damage for full replacement value and general liability insurance in the amount of $1,000,000 on the equipment, during the Customer's possession of the equipment. With regard to the physical damage insurance, the Customer shall provide Motor City Rentals with a certificate of insurance, in a satisfactory form, to Motor City Rentals showing Motor City Rentals as loss payee and as an additional insured, with 30 days’ notice to Motor City Rentals of cancellation. Customer is fully liable for any loss or damage caused by mysterious disappearance. The Customer is fully liable for any damage caused by the willful neglect, misuse or abuse, and any and all tire damage. IN ALL CASES CUSTOMER MUST MAINTAIN ITS OWN GENERAL LIABILITY COVERAGE ON THE EQUIPMENT. PAYMENTS& LATE CHARGES. All amounts due hereunder shall be payable in full upon the end of the Rental Period, return of the Equipment to Motor City Rentals or 30 days following Motor City Rentals invoice to Customer, whichever comes first. Customer and Motor City Rentals agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of 2% per month (24% per annum), or the maximum amount allowable by law. COLLECTION OF CHARGES. Customer shall pay the rental charges without any offset, deductions of claims. Customer agrees to pay alt reasonable costs of collection, court, attorney' fees and other expenses incurred by Motor City Rentals in the collection of any charges due under this Rental Contract or in connection with the enforcement of its terms. The federal and state courts in the county of Oakland, State of Michigan, shall have ·exclusive jurisdiction over all matters relating to this agreement. Trial by jury is waived. Motor City Rentals shalt be entitled to decree of specific performance (without posting bond or other security) in addition to such other remedies as may be available. ASS IGNMENT. Customer shall not assign, sub-rent, sublease or loan the Equipment without first obtaining the written consent of Motor City Rentals, and any such action by Customer, without Motor City Rentals written consent, shall be void. Customer agrees to use and keep the Equipment at the jobsite set forth on the first page of this Rental Contract unless Motor City Rentals approves otherwise in writing. This agreement shall be binding on the parties, their heirs, assignees and successors. LIENS. Customer will keep the equipment free and clear of all liens and claims. NO PURCHASE OPTION/TITLES AND FILINGS. Equipment shall remain the personal property of and title shall be in the name of Motor City Rentals at all times. This Rental Contract is not a contract for sale, and title to the Equipment shall at all times remain with Motor City Rentals. Unless covered by a supplemental agreement signed by Motor City Rentals, the Customer has no option to purchase the equipment. IDENTIFICATION. Customer will not remove, alter or deface Motor City Rentals plates, tags or identification on the equipment. INDEMNIFICATION/HOLD HARMLESS PROVISION. IN FURTHER CONSIDERATION FOR Motor City Rentals AGREEMENT TO LEASE THE EQUIPMENT TO THE CUSTOMER. CUSTOMER WILL INDEMNIFY. HOLD H.A.RMLESS AND AT CUSTOMERS OWN COST AND EXPENSE, DEFEND Motor City Rentals AGAINST ANY AND ALL CLAIMS, SUITS OR PROCEEDINGS COMMEMCEO BY ANYONE IN WHICH Motor City Rentals IS NAMED PARTY FOR WHICH Motor City Rentals IS ALLEGED TO BE LIABLE OR RESPONSIBLE AS A RESULT OF OR ARISING OUT OF THE EQUIPMENT, OR ANY ALLEGED NEGLIGENT ACT OR OMISION BY Motor City Rentals. AND CUSTOMER SHALL BE LIABLE ANO RESPONSIBLE FOR ALL COST!' EXPENSES. AND ATTORNEY'S FEES INCLUDED IN SUCH DEFENSE AND/OR SETTLEMENT, JUDGEMENT OR OTHER RESOLUTION, IN THE EVENT THAT SUCH ACTION IS COMMENCED NAMING Motor City Rentals AS A PARTY, Motor City Rentals MAY ELECT TO DEFEND SAID ACTION ON ITS OWN BEHALF AND CUSTOMER AGREES THAT IT SHALL BE LIABLE FOR ALL COSTS, EXPENSES AND ATTORNEY FEES INCURRED BY Motor City Rentals IN SUCH DEFENSE. DEFEND Motor City Rentals AGAINST ANY AND ALLPURPOSE OF THIS PROVISION: IT IS THE PURPOSE OF THIS CLAUSE TO SHIFT THE RISK OF ALL CLAIMS RELATING TO THE LEASED EQUIPMENT TO THE CUSTOMER DURING THE ENTIRE RENTAL TERM OF THIS RENTAL AGREEMENT. TAXES AND MISCEL LANEOU S CHARGES. Customer shall pay for all washing, highway road service and towing charges or tolls and all fines incurred in connection with the equipment. Customer shall pay for all sales, use, excise, personal property and other taxes payable during the rental term in connection with the equipment. RIGHT OF ENTRY. Motor City Rentals may enter upon premises where the equipment is located, for the purpose of inspection and may remove the equipment, without notice to the Customer, if, in the opinion of Motor City Rentals the equipment is being improperly used or maintained. DAMAGES. Motor City Rentals will not be responsible for incidental, consequential, special or other damages caused by the delay in delivery, breakdown or mechanical failure, or inability to deliver any Equipment rented to the Customer by any specified date or time. DISCLAIMER OF WARRANTIES. THERE ARE NO EXPRESSED WARRANTIES OTHER THAN THOSE APPEARING IN THE AGREEMENT AND THERE ARE NO IMPLIEDWARRANTIES, EITHER OF MERCHANT OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE RENTAL OF THE EQUIPMENT. ENTIRE AGREEMENT AND MODIFICATION. This Rental Contract contains the entire agreement between the Customer & Motor City Rentals and there are no oral or other statements, proposals or agreements that are not included in this agreement. None of Motor City Rentals rights or Customer's rights may be changed and no extension of the terms of this Rental Contract me be made except in writing, signed by both Motor City Rentals and Customer. Any use of Customer's purchase order number on this Rental Contract is for Customer's convenience only. This Rental Contract supersedes any purchase order or other Customer provisions or forms whether sent to or received prior, or subsequent to this Rental Contract. DEFAULT. If Customer should fail to pay for any rental when due, or if Customer breaches any other provision of this rental agreement, or if Customer becomes insolvent, ceases doing, business, or if the Customer takes any action leading to voluntary or involuntary bankruptcy proceedings or makes any assignment for benefit of creditors, Motor City Rentals at its option and in addition to without prejudice to any remedies, may enter on Customer's premises and without court order or other process of law. Take possession of the equipment without notice to Customer and Motor City Rentals may terminate the rental contract. Customer shall pay all court costs, attorney fees and other expenses involved in collection of the charges or enforcement of this contract and waives any and all claims for damages and losses, physical and pecuniary, caused thereby. WAIVERS. No waiver by Motor City Rentals of any default on the part of Customer or any right or remedy shall constitute a continuing waiver or waiver of any other right or remedy. Any failure of Motor City Rentals to insist upon strict performance by Customer of any terms and conditions of this Rental Contract shall not be construed as a waiver of Motor City Rentals right to demand strict compliance Customer has carefully reviewed this Rental Contract and waives any principle of law which would construe any provision hereof against Motor City Rentals as the drafts person of the Rental Contract.
Acceptance of Rental Terms and Condition Initial: ____