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Terms and Conditions of Contract Agreement
Tent Works (hereinafter referred to as "Lessor"), leases to Customer
or his authorized agent, (hereinafter referred to as the Lessee"),
the vehicles, machined equipment, or other rental items, all of which
is referred to as the "equipment", subject to the terms and conditions
as follows.
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1. This agreement is one of the rental only and nothing contained shall be
construed as conveying to the Lessee any right, title or interest in and to
the Equipment except as a Lessee only. THE RENTAL OF THE EQUIPMENT HEREUNDER
SHALL NOT BE CONSTRUED AS AN OFFER TO SELL THE EQUIPMENT, IT IS UNDERSTOOD AND
AGREED THAT RENTALS PAID WILL NOT APPLY TOWARD any subsequent purchase of the
Equipment unless an agreement in writing is made prior to the delivery of the
Equipment.
2. Rental upon the Equipment shall be paid in advance or immediately upon
return of the Equipment, as agreed, provided those on rentals of Equipment
for periods in excess of one month, invoice will be rendered monthly.
3. Rental rates are for the period shown under "Dates and Time Due In" on
the reverse side hereof. In the event that the Equipment is used longer
than the above-specified time for any period, rental for overtime will be
charged in accordance with the rates listed in the Lessor's "Rate Sheet".
Said Sheet is incorporated herein by reference and is open for inspection
upon the request at the Lessor's place of business. Rental for overtime
will be charged on the above basis although Lessor is closed for business
during such time. Should Lessee desire to extend the period of the rental
agreement, he shall inform the lessor of such fact as soon as possible before
Due-in time. However, Lessor is under no obligation to extend the period of
rental agreement.
4. On local rentals the rental period shall begin at the time when the
Equipment leaves the Lessors warehouse and shall end when the Equipment
is returned to Lessor's warehouse or receiving point. On out of town
rentals, the rental period shall begin on and include the date of the
shipment to the Lessee and shall end on and include the date of return
to the Lessor's warehouse or receiving point.
5. The Equipment will not be removed from the address herein listed for
the use at any other address without the consent of Lessor, nor will a
person other than the Lessee or his authorized agent use the Equipment.
6. Lessee acknowledges that he has examined the equipment and that it
is in good condition and repair. LESSEE ACCEPTS THE EQUIPMENT AS IS
AND AGREES TO USE REASONABLE CARE IN THE OPERATION OF THE EQUIPMENT.
Upon termination of the rental, Lessee shall return the Equipment to
the place of business of the Lessor as good condition as received by
the Lessee, ordinary wear and tear excepted. Lessee shall pay for any
damage to the Equipment and for any missing parts or accessories at the
rate and prices customarily charged by the Lessor for repair or replacement
of the parts. Lessee shall also pay for the cost of cleaning the Equipment
if necessary to return it to the same condition as when received by the
Lessee. Lessee agrees to immediately discontinue use of Equipment should
same, at any time, become unsafe or in a state of disrepair, and the Lessee
will immediately notify Lessor of such fact. In the event Lessor shall with
reasonable dispatch after receiving such notice, replace the Equipment with
comparable Equipment, if available and adjust the rental charge accordingly.
Lessor is not responsible for any incidental or consequential damages caused
by delay or otherwise.
7. In the event of loss or destruction of the Equipment or any of its
accessories, for any reason or failure to return the same for any reason,
the Lessee shall promptly notify the Lessor of such fact and pay the Lessor
the fair market value thereof. If the Lessee has any reason to believe such
loss or destruction is the result of any illegal act, the Lessee shall
promptly notify the proper authorities. Time is of the essence in this
agreement.
8. After the delivery of the Equipment to the Lessee and until redelivery
thereof to the Lessor, all risks of loss, injury or destruction to the
Equipment or caused by the Equipment shall be the responsibility of the
Lessee. Lessee agrees to indemnity and hold the Lessor harmless from and
against all losses, damages, injuries, claims, expenses including attorney's
fees and liabilities of whatsoever nature, resulting from or arising out of
the use or operation of the Equipment during the entire period of rental
hereunder. Such indemnity shall continue in full force and effect
notwithstanding the termination of this agreement.
9. If Lessee has insurance covering any such loss or damage, Lessee shall
exercise all rights available to Lessee under said policies, complying with
all procedures required thereunder and by the insurer for claim. and Lessee
shall assign such claims and all proceeds thereof to Lessor.
10. Lessee agrees to furnish at its own expense, all fuel and lubricants
necessary for the operation of the equipment.
11. Lessee will not permit the Equipment to be used in violation of any
federal, state and municipal statute, law or ordinance, rule or regulation
applicable to the operation of such equipment and will indemnify and hold
the Lessor harmless from any and/or all fines or penalties for the violation
of any statute, law ordinance, rule, or regulation of any duly constituted
public authority.
12. This Agreement shall terminate, at the option of the Lessor, in the event
that the Lessee shall default in the performance of ant provision here under
or in the event Lessee is declared insolvent or bankrupt, or a receiver is
appointed, or in the event ant petition for bankruptcy is filed by or against
the Lessee, or in the event any proceedings are demanded by, for or against
the Lessee under any provisions of he Federal Bankruptcy Act, or any amendment
thereof. The Lessor shall have the right o terminate this agreement any time
and to take possession of the equipment where ever found, with or with out the
process of law, and for such purpose may enter upon any premises of Lessee and
remove the Equipment without liability to Lessee.
13. In the event that suit is instituted by the Lessor to recover possession
of the Equipment or to enforce any of the terms, conditions, or provisions
hereof or to collect any sum or sums of money, damages or cost from the Lessee
under this agreement of any sums of money for the use of or rental of said
Equipment, the Lessee agrees to pay all cost and reasonable attorney's fees
incurred by the Lessor suit or suits.
14. The Lessor shall not be liable to the Lessee for any loss or liability of
any kind resulting from failure to deliver the Equipment at a specified time,
or resulting from defects in, or inefficacy or breakdown or the Equipment.
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16. This agreement and all claims, disputes and transactions answering out
of this agreement shall be governed by and construed according to the laws
of the State, of North Carolina.
17. This Agreement contains the entire understanding and agreement with
respect to the rental of the equipment, and no representations, promises
or agreements, oral or otherwise, not contained herein shall be of any
force and effect. Ant subsequent amendment to he agreement shall be in
writing. Lessor's waiver or failure to insist on strict performance of
ant provision here under shall not be construed as a waiver of any other
provision or the right to require subsequent performance of all performance
of all provisions by the Lessee.
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Tent Works > Terms & Conditions
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