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E Z
Freeze.
Inc., Lessor,
hereby rents
to the
Lessee named
on Page I
the
equipment
described on
Page 1
subject to
all the
terms and
provisions
on Page 1
and Page 2
of this
contract
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Lessor
will pick up
the
equipment at
the Lessee's
address the
next day
following
the date
shown on
Page 1 or
earlier if
demanded and
all
accessories
in the same
condition as
when
received
ordinary
wear and
tear
excepted.
LESSEE SHALL
BE FULLY
LIABLE FOR
DAMAGE AND
ALL OTHER
LOSS. IF THE
EQUIPMENT IS
LOST,
STOLEN,
DESTROYED,
OR OTHERWISE
RENDERED
UNFlT FOR
NORMAL
USAGE,
LESSEE SHALL
BE FULLY
LIABLE FOR,
AND AGREES
TO PAY
LESSOR,
IMMEDIATELY
UPON DEMAND
THE FULL
REPLACEMENT
COST FOR
SAID
EQUIPMENT,
TOGETHER
WITH
INTEREST
THEREON AT
THE RATE OF
EIGHTEEN
PERCENT
(18%) PER
ANNUM
COMPOUNDED
DAILY, UNTIL
SAID SUM IS
PAID IN FULL
TO LESSOR,
except as
provided in
Section 20,
damage
waiver.
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Lessee
shall not
permit any
repairs to
the
equipment or
suffer any
lien to be
placed upon
it without
Lessor's
consent, and
the Lessee
will pay any
and all
unauthorized
charges in
connection
with any
repairs.
Lessee will
pay for all
repairs and
replacement
resulting
from causes
inherent in
the use to
which the
equipment is
put.
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Neither
Lessee nor
any operator
of the
equipment
shall be
deemed to be
an agent,
servant, or
employee of
Lessor for
any reason
or for any
purpose.
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LESSEE SHALL
INDEMNIFY
AND HOLD
LESSOR
HARMLESS
from all
fines,
penalties,
forfeitures
and
disabilities
arising from
use of the
rented
equipment
and imposed
by any
federal,
state,
county and
municipal
statute and
law or
insurance
policy
provision.
Lessee shall
be liable
for all
damages to
the rented
equipment
and for all
other claims
if Lessee
uses, or
permits its
operation by
an operator
under the
influence of
drugs or
alcohol or
in violation
of criminal
statutes, or
is grossly
negligent in
operation of
the
equipment or
otherwise
violates the
terms of
this rental
agreement.
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Lessee shall
immediately
report any
accident to
Lessor
and deliver
to Lessor or
its insurer,
every
process,
pleading
notice or
paper of any
kind
received by
Lessee or
any operator
of the
equipment
relating to
any claim,
suit or
proceeding
connected
with any
accident or
event
involving
the
equipment.
Neither
Lessee nor
any operator
of the
equipment
shall aid or
abet the
assertion of
any such
claim, suit
or
proceeding
and shall
cooperate
fully with
Lessor and
its insurer
in
investigating
and
defending
the same.
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INDEMNITY:
Lessee
shall, to
the fullest
extent
permissible
by law,
defend,
indemnify
and hold
harmless
Lessor, its
employees
and agents,
from and
against any
and all
losses,
liabilities,
damages,
injuries,
claims,
demands,
cost and
expenses of
every
character
whatsoever
(including
without
limitation
,(i) demands
arising from
injuries or
death of
persons,
including
employees of
either
Lessor or
Lessee, (ii)
claims of or
liabilities
to third
parties
arising out
of the
abandonment,
conversion,
secretion,
concealment,
or
unauthorized
sale of the
equipment by
Lessee or
its
operator,
agents, or
employees or
the
confiscation
of the
equipment by
any
government
authority
for illegal
or improper
use of said
equipment,
and (iii)
demands for
damage to
property),
arising
directly or
indirectly,
at any time,
out of the
obligations
herein
undertaken
or out of or
connected
with the
possession,
maintenance
or use of
the
equipment.
The
provisions
of the
indemnity
described
herein shall
apply
whether or
not Lessor's
negligence,
active or
passive,
contributed
in any way
towards the
alleged
injury or
harm and
shall not be
limited
except to
the extent
that it will
not apply to
claims
caused by
the sole
negligence
or willful
misconduct
of Lessor.
Lessee
further
agrees it
will
reimburse
Lessor for
any
expenditures,
including
reasonable
attorneys'
fees, Lessor
may make by
reason of
such and, if
requested by
Lessor will
defend any
such claims
at the sole
cost and
expense of
Lessee.
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ASSUMPTION
OF RISK:
Lessee
hereby
assumes any
and all
risks of
damages to
Lessee and
to Lessee's
agents,
employees
and
representatives,
and to all
others,
arising out
of or in any
way related
to this
rental, and
Lessee's use
of the
equipment
and property
rented
pursuant
hereto.
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INSURANCE:
Without a
limitation
on any other
obligation
of Lessee
pursuant
hereto,
Lessee
shall, at
its own
expense,
secure and
maintain
insurance in
effect under
the terms of
this Rental
Agreement.
This
insurance
shall name
Lessor as an
additional
insured, and
shall
specifically
state that
it is
primary
insurance
for the
benefit of
Lessor and
Lessee. Such
insurance
shall
include (1)
Worker's
Compensation
coverage and
Employer's
liability
insurance
that shall
provide
defense and
indemnity on
a primary
basis to
Lessor for
damages,
injuries,
and workers
compensation
benefits
incurred by
or claimed
by Lessee's
agents
employees
and
representatives;
(2)
Liability
insurance
providing
primary
insurance to
Lessor for
defense of
claims and
actions
arising out
of or in any
way related
to this
rental, and
Lessee's use
of the
equipment
and property
rented
pursuant
hereto; (3)
Liability
insurance
providing
primary
indemnity
coverage to
Lessor with
limits of no
less than
the limit
presently
covering
Lessee for
liability of
actions
arising out
of or in any
way related
to this
rental, and
Lessees use
of the
equipment
and property
rented
pursuant
hereto. All
such
insurance
shall be
primary for
all
purposes,
regardless
of other
insurance
that may be
available to
Lessor, and
shall
contain a
severability
of interest
clause. ln
the event
that Lessee
fails to
comply with
this
provision,
damages in
any action
by Lessor
against
Lessee for
breach of
this
provision,
shall
include but
not be
limited to,
the dollar
amount of
insurance
benefits
that Lessor
would have
received had
Lessee
complied
with this
provision.
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LESSOR SHALL
NOT BE
LIABLE FOR
LOSS OR
DAMAGE TO
ANY PROPERTY
OF LESSEE
or any other
person which
may have
used or been
in contact
with the
equipment
either
before or
after its
return to
Lessor
whether or
not related
to the
negligence
of Lessor or
its agents,
representatives
or
employees.
Lessee shall
assume all
risk of such
loss or
damage,
waive all
claims
therefore
against
Lessor, and
defend,
indemnify
and hold
Lessor
harmless
from all
claims
arising out
of such loss
or damage.
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LESSOR MAY
DEMAND THE
RETURN OF
THE
EQUIPMENT AT
ANY TIME,
and if
in Lessor's
judgment
such demand
might not be
complied
with, Lessor
may
repossess
the
equipment
and
terminate
this Rental
Agreement
without any
liability
for any loss
or damage
which losses
may be
sustained as
a result of
such demand,
termination
or
repossession.
Lessor may
assign its
rights under
the contract
without the
Lessee's
consent, but
will remain
bound by all
obligations
herein. The
Lessee shall
not
sublease,
assign or
loan
equipment.
The
equipment
shall not be
used by the
Lessee when
in a bad
state of
repair or
unsafe.
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Lessee
will pay
Lessor on
demand all
time and
mileage,
service,
minimum or
other
charges
entered on
Page 1, at
the rates
shown or
computed as
provided in
the Rental
Agreement.
If Lessee
has directed
charges to
be billed to
another
person and
such person
shall fail
to make
payments,
Lessee shall
pay such
charges.
LESSOR MAY
RETAIN THE
SECURlTY
DEPOSIT
provided on
Page 1 to
apply toward
any amount
due herein.
The Lessor
shall have
the right
but not the
obligation,
to
reasonably
inspect the
rented
equipment,
to enter the
premises
where it is
located for
purposes of
inspecting
it and
insuring
that proper
use is being
made
thereof.
Conditions
that prevent
satisfactory
use of the
rented
equipment do
not relieve
Lessee of
their
obligation
to return
the rented
property and
pay the
rental fees.
ALL ACCOUNTS
NOT TIMELY
PAID SHALL
BEAR
INTEREST AT
THE RATE OF
1.5% PER
MONTH, OR
THE HIGHEST
LEGAL RATE,
WHICHEVER IS
LOWER until
paid.
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Lessee
agrees that
the rented
equipment is
in a safe
and
satisfactory
condition;
that Lessee
has
inspected it
or has be en
given the
opportunity
to inspect
it before
accepting it
for use.
THE LESSEE
ACKNOWLEDGES
THAT THEY
HAVE THE
DUTY TO
INSPECT THE
EQUIPMENT
PRIOR TO USE
and
notify the
Lessor of
any defects
found. In
the event
the
equipment
becomes
unsafe or in
disrepair
due to
normal use,
the Lessee
agrees to
discontinue
use and
notify the
Lessor, who
will replace
the
equipment
with a
similar one
in working
order as
available.
The Lessor
is not
responsible
for any
incidental
or
consequential
damages
whatsoever
caused by
delays or
otherwise.
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Lessee
agrees that
any
misstatement
herein
contained or
giving of
false
identification,
address,
telephone
number,
fictitious
name, or any
breach of
any
provision of
this
agreement
will
authorize
the Lessor
to,
forthwith,
repossess
the rented
equipment by
use of any
lawful
means.
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Neither
the Lessee
nor any
other person
operating
the
equipment
shall leave
it
unattended.
Lessee is
responsible
for theft or
damage to
rented
equipment
under any
circumstances,
and has sole
responsibility
for proper
and safe
storage and
protection
of it while
this
contract is
in effect.
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If suit
is
instituted
by Lessor to
recover
possession
of said
equipment or
to enforce
any term of
this
agreement or
to collect
any sums of
money,
damages, or
costs from
Lessee
herein,
Lessee shall
pay all
costs and
reasonable
attorney's
fees and
collections
costs
incurred by
Lessor in
such suit or
suits.
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Equipment"
means rental
equipment
identified
in this
agreement
along with
all
accessories
attached
thereto or
contained
therein, or
included to
make up a
usable unit.
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It is
expressly
understood
that this is
a rental
contract and
does not
involve a
purchase
agreement
except those
miscellaneous
products
listed in
the sale
section.
Title to the
rented
property is
explicitly
reserved to
the Lessor.
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THERE
ARE NO
WARRANTIES
OF
MERCHANTABILITY
OR FlTNESS,
EITHER
EXPRESSED OR
IMPLIED.
There is no
warranty
that the
equipment is
suited for
Lessee's
intended
use, or that
it is free
from
defects.
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Failure,
refusal or
neglect by
the Lessee
to return
the rented
equipment
within 72
hours after
the agreed
rental
period has
expired, or
the
presenting
of false or
misleading
identification
to the
Lessor shall
be Prima
Facie
evidence of
intention to
commit
larceny.
