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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:
- That lessee
has inspected the Rental Equipment and finds the same
to be in good acceptable condition.
- That lessee
is satisfied with the instructions given by Lessor
in the proper and safe manner of using the Rented
Equipment, or that Lessee is so familiar with it,
and its proper and safe use and has told Lessor so,
that such instructions is unnecessary.
- That the Rented
Equipment will only be used to at the address designated
unless lessee obtains written permission of Lessor
to use it elsewhere.
- That under
no circumstances will the Rented Equipment leave the
immediate vicinity of the Metropolitan Area (as most
narrowly defined), embracing lessor's business location
at which lessee rented the equipment.
- That the Rented
Equipment will not be used for any illegal purpose
or in any illegal manner or in any illegal activity.
- That the Rented
Equipment will be used only for the specific and proper
purpose of which it was manufactured and intended,
and only in the proper and safe manner.
- That no one
other than Lessee or Lessee's employees will use the
Rented Equipment, except with a written permission
by Lessor. Lessee agrees that the equipment shall
be used only by persons competent and trained in its
operation and that Lessee will be solely responsible
for providing competent operators. No use by anyone
other then Lessee shall relieve lessee of any and
all liability hereunder.
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 it 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 WARRNTIES OR MERCHATABILITY 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 excepted.
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.
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