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Terms and Conditions

RENTAL EQUIPMENT SUBJECT TO THIS CONTRACT. The Company shall rent the ('Equipment') listed on the RENTAL AGREEMENT

RENTAL PERIOD.
1. All rentals are a minimum of one month. Rentals may be returned before the first month is over, but the Customer will still be charged for one full month.
2. After the first month is over rentals will revert to a weekly rental basis. A week will be considered 7 days from Monday through Sunday.
3. Rentals begin the day the equipment leaves the Company and ends the day the equipment is returned to the Company. If the Customer opts to have the equipment picked up by the Company the rental will end the day the equipment is picked up by the Company.
PAYMENT TERMS. The rental payments shall be due whether or not the Customer has received notice of a payment. The payment terms of the rental are defined in EXHIBIT B.
SERVICE CHARGE. If any Rental installment is not paid within 2 day(s) after the due date, the Customer shall pay to the Company a surcharge charge of 3% of monies overdue per day.

RISK OF LOSS OR DAMAGE. Normal hardware defects will be handled by the Company and replaced with comparable units, assuming stock availability. The Customer will assume repair and/or replacement costs of the equipment in cases of gross negligence.

RENTAL TERM. This Rental shall begin on the above effective date and shall terminate on return of Equipment in fully working condition to the Company_s facility. If the equipment has to be repaired to return it to a fully working state the equipment will continue to be rented until it is repaired. The Rental period will end only when the equipment has been returned to a fully working state. At any time the Company has the right to terminate the Rental with 30 days' notice. The Customer may terminate the Rental after the initial period of the Rental has been completed as defined in EXHIBIT C.

CARE AND OPERATION OF EQUIPMENT. The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.

MAINTENANCE AND REPAIR. The Customer shall maintain the equipment in good repair and operating condition, allowing for reasonable wear and tear.

COMPANY'S RIGHT OF INSPECTION. The Company shall have the right to inspect the equipment during Customer's normal business hours.

RETURN OF EQUIPMENT. At the end of the Rental period, the Customer shall be obligated to return the equipment to the Company at the Customer's expense. Any freight, insurance or customs charges related to the rented equipment incurred during or at the end of the rental will be billed to the Customer's account. Company also has the right to retainer Customers security deposit to pay for damage if greater than deposit. Customer may request the gear to be picked up at no charge, However, Customer will continue rental period until Company can schedule time to pick up the gear.
OPTION TO RENEW. If the Customer is not in default upon the expiration of this rental, the Customer shall have first option to rent the equipment on such terms as the parties may agree at that time.

ACCEPTANCE OF EQUIPMENT. The Customer shall inspect each item of equipment delivered pursuant to this Rental. The Customer shall immediately notify the Company of any discrepancies between such item of equipment and the description of the equipment in the Equipment Schedule. If the Customer fails to provide such notice in writing within 2 day(s) after the delivery of the equipment, the Customer will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule. Any subsequent claim that the equipment was not provided in fully functional order will not be considered.

OWERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment.

RENT TO OWN OPTION. The Customer may opt to convert the rental in to a purchase during the term of the rental. The purchase price will be the 

REPLACEMENT VALUE of the equipment can be requested on demand. Fifty (50) percent of the rental fees paid to date for each individual piece of equipment will be applied towards the purchase of the equipment.

WARRANTY. The Company makes no warranties; express or implied, as to the equipment rented. The Customer assumes the responsibility for the condition of the equipment.

INDEMNITY OF COMPANY FOR LOSS OR DAMAGES. If the equipment is damaged or lost, the Company shall have the option of requiring the Customer to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Company and subject to this contract.

TAXES AND FEES. During the term of this Rental, the Customer shall pay all taxes, assessments, and license and registration fees on the equipment.

DEFAULT. The occurrence of any of the following shall constitute default under this Hire: A. The failure to make a required payment under this Rental when due.
B. The violation of any other provision or requirement that is not corrected within 4 day(s) after written notice of the violation is given.
C. The insolvency or bankruptcy of the Customer.
D. The subjection of any of Customer's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.
RIGHTS ON DEFAULT. If the Customer is in default under this Rental, without notice to or demand on the Customer, the Company may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Customer responsible for any deficiency. The Company shall be obligated to re-rent the equipment, or otherwise mitigate the damages from the default, only as required by law.

ASSIGNMENT. The Customer shall not assign or sublet any interest in this Rental or the equipment or permit the equipment to be used by anyone other than the Customer or Customer's employees, without Company's prior written
consent.
ENTIRE AGREEMENT AND MODIFICATION. This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties. This contract replaces any and all prior agreements between the parties.

GOVERNING LAW. This contract shall be construed in accordance with the laws of the State of California.

WAIVER. The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this contract.

CERTIFICATION. Customer certifies that the application, statements, trade references, and financial reports submitted to Company are true and correct and any material misrepresentation will constitute default under this contract.

SEVERANCE. If any court of competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of this agreement shall not be affected.



ARBITRATION. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

Signature:_______________________________ 
EXHIBIT B Payment schedule
RENTAL PAYMENTS ARE PAYABLE MONTHLY IN ADVANCE. Customer must opt for an ACH payment schedule or allow for Company_ to keep a credit card on file that will automatically charge or debit the Customer ON THE FIRST DAY of each month for rental equipment. There will be a 5% processing fee that will be charged for all credit card payments. The 5% processing fee can be waived by paying via ACH.
EXHIBIT C Period of Rental
The actual period will be from the time of leaving the Company_ facility until its return to that facility in full working order.

*Please note Rentals are recurring until cancellation through your Account Manager.