1. PHYSICAL CONDITION OF RENTAL ITEM(S)
The Lessee acknowledges that prior to taking the rented item(s), inspected its operations (if appropriate), and deemed to be in good condition except for any defect noted on the contract. It is the responsibility of the lessee to return the rented item(s) to Arlington Rental in the same condition, except for wear and tear of the item use.
2. USE OF THE ITEM(S)
Lessee agrees and covenants:
3. RELEASE AND INDEMNITY
Lessee assumes all risks inherent in the operation and use of the Rental Equipment by Lessee and anyone else. Lessee assumes the entire responsibility for the defense of and agree to pay, indemnity, and hold Arlington Rental Inc., and its shareholders, directors, officers, and successors (collectively “Lessor”) harmless from, and hereby fully discharges and releases Lessor from any and all claims for damages to property or for bodily injury (including death), or loss of time, or inconvenience, or consequential damages (including but not limited to lost revenue or profits) resulting from the use, operation or possession of the Rented Equipment, whether or not it be claimed or found that such damage or injury resulted in whole or in part from negligence of Lessor from the defective condition of the Rented Equipment, or from any other cause.
4. CARE OF EQUIPMENT
In addition to its other obligations hereunder, Lessee shall:
A. Clean and repack dinnerware (flatware, glassware, china and serving pieces) and return them in the boxes or containers in which they were delivered.
B. Pay a reasonable cleaning charge for any equipment or other item return dirty.
C. Protect the Rented Equipment and other items from the elements, breakage, theft, unauthorized or improper use, of loss during the time of delivery, use storage and return or otherwise while in the possession or control of Lessee.
5. ITEM(S) FAILURE
Lessee agrees to immediately discontinue the use of the Rented Equipment/Item should it, at any time, become unsafe or in state of disrepair, and to immediately notify Lessor of the facts. Lessor agrees, in its discretion, either to repair the Rent Equipment within a reasonable time; or provide Lessee with a comparable item if available; or make the Rental Equipment/Item available to Lessee at another time (if applicable to Lessee); or adjust the rental charge. This provision does not relieve Lessee from Lessee's other obligation under the Rental Contract.
There are no warranties or merchantability or fitness for particular purpose, either express beyond the description of the face hereof. There is no warranty that the rented equipment/item is suited for renter's intended use, other that it is free from defects, nor are any other warranties, either express or implied made in connection with the rental transaction.
Lessee’s right to possession of the Rental Equipment/Item terminates upon the expiration of the rental period set forth above and retention of possession after this time constitutes a material breach of this contract. Time is of the essence in the contract. Any extensions must be mutually agreed upon in writing.
6. LATE RETURNS
Lessee’s shall return the Rented Equipment/Item to Lessor during its regular business hours, promptly upon, or prior to expiration of the Rental Period. If Lessee does not timely return the Rented Equipment/Item, the rental rate shall continue until the equipment is returned.
7. CHARGES AND PAYMENTS
Lessee shall pay all charges payable under the Rental Contract in advance provided, however, the foregoing shall not limit the payable by Lessee hereunder and all additional amounts hereunder shall be paid immediately as such costs or charges are included. Commercial Accounts approved by Lessor may pay charges within 30 days from Contract date. Lessee shall pay all reasonable costs of collection, court, attorney's fees and other expenses paid or incurred by Lessor in the collection of any charges due under this Rental Contract, or in the retaking of the Rental Equipment/Item or in other enforcements of the terms of the Rental Contract. Lessee shall pay in addition to any other amounts payable hereunder, a service charge of 1-2/4% per month (21% annually) on paste due Commercial Accounts.
8. DAMAGED, LOST, STOLEN OR DIRTY EQUIPMENT
Lessee assumes the entire risk of loss, regardless of cause, with respect to the Rented Equipment, normal and reasonable wear and tear accepted. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Rented Equipment which is unreturned when due or damaged beyond repair, as determined by Lessor, must be paid for by Lessee at its full replacement cost, as designated by Lessor. All costs of repairs will be borne by Lessee whether performed by Lessor or at its option by another. Lessee shall pay a reasonable cleaning charge for Rented Equipment returned dirty. Lessee shall pay Lessor all charges and cost payable hereunder upon receipt or invoice.
9. DAMAGE WAIVER
If lessee accepts the damage waiver option Lessor agrees, in consideration of an additional charge of the gross rental charges, to modify Lessee's responsibilities under the Section, by accepting damage waiver. Lessee will not be responsible for damage to, or destruction of, the Rental Equipment or goods, except as follows:
A) Loss of or damage to accessory equipment, such as electric cords.
B) Damage due to Lessee's neglect or misuse, or any act or omission of Lessee. Its employees or agents. Whether or not intentional.
C) Loss by theft, mysterious or unexplained loss or disappearance.
D) Loss of flatware, china, linens, or glassware or damage thereto, unless Lessee establishes proof of accidental damage beyond Lessee's control by return of the damaged items (or pieces thereof) and such evidence as Lessor may reasonably require.
E) For any loss or damage whatsoever to the Rental Equipment, Lessee agrees to furnish Lessor a police report when requested, on all losses to which this damage waiver modifications applies.