GENERAL CONDITIONS OF EQUIPMENT RENTAL AGREEMENT
The conditions of lease here below stated, together with the Agreement set forth on the reverse side of
this sheet, constitute a contract between the parties therein named which contract is hereafter referred to
as “this Agreement”.
RENTAL PERIOD. The Rental period shall cover all time consumed in transporting the equipment,
including the date of legal delivery to a carrier for transit to Lessee and upon return of the equipment, the
date of legal delivery by such carrier to Lessor, or if no carrier is used, shall include the date upon which
transit to Lessee begins and the date upon which transit from Lessee ends at Lessor’s unloading point.
1) RENTAL CHARGES. Lessee shall pay rental for the entire Rental Period on each article of
equipment named in the List of Equipment, at the rate therein stipulated and in accordance with the
following:
a) Daily Rental Rates shall not be subject to deductions for any non-working time in the day
and shall be paid for each calendar day in the month. Daily rental rates stipulated in the
List of Equipment contemplate a full calendar day, regardless of usage, uptime,
downtime, etc.
b) Weekly Rental Rates shall not be subject to deductions for any non-working time in the
week and shall be paid for each calendar week in the month. Weekly rental rates
stipulated in the List of Equipment contemplate a full calendar week, seven days,
regardless of usage, uptime, downtime, etc.
2) PAYMENT. The rent for any and every item of equipment described in the List of Equipment shall
be the amount therein designated and is payable in advance of the Rental Period. Payment Terms are as
follows:
● 100% payment due within five (5) calendar days of the signing of this contract.
If the Lessee does not return the equipment per the Rental Period the Lessee shall pay Lessor interest at
twenty percent (20%) or the highest lawful rate, whichever is lower of the total rental cost for that period
on any delinquent payment from the date when such payment was due until paid and on any other sum
for breach of this Agreement, from the date of the breach, and expenses of collection or suit, including
actual attorneys’ fees.
3) SECURITY DEPOSIT. Any security deposit paid by Lessee to Lessor is paid to guarantee
Lessee’s full and faithful performance of all terms, conditions and provisions of this Agreement. If Lessee
shall so perform, an equal sum shall be repaid without interest to Lessee at the termination of this
Agreement.
4) FEES, ASSESSMENTS, AND TAXES PAID BY LESSEE. Lessee shall pay all license fees,
assessments, and sales, use, property and excise, and other taxes or hereafter imposed, and relating to
Lessee’s use or possession of the equipment.
5) RECALL NOTICE. Lessor may recall any or all equipment upon seven (7) days written notice to
Lessee and the Lessee may return any or all equipment upon a like notice to the Lessor. In the event that
the Lessee seeks to return the equipment to the Lessor, a pro-rated refund may be issued at the
discretion of the Lessor.
6) MAINTENANCE AND OPERATION. Lessee shall not remove, alter, disfigure or cover up any
numbering, lettering, or insignia displayed upon the equipment, and shall see that the equipment is not
subjected to careless, unusually or needlessly rough usage; and Lessee shall at his or her own expense
maintain the equipment and its appurtenances in good repair and operative condition, and return it in
such condition to Lessor, ordinary wear and tear resulting from proper use thereof alone expected. Any
cosmetic or functional damage to the equipment resulting from the rental by the Lessee shall be assessed
by the Lessor, for which the Lessee will be responsible for the cost of the remediation identified as
necessary by the Lessor (see Section 13 - Inspection: Conclusive Presumptions).
7) REPAIRS. The expense of all repairs made during the Rental Period, including labor, material,
parts and other items shall be paid by Lessee. Any irrecoverable damage that leaves the equipment
inoperable or unable to be repaired renders the Lessee liable for the full retail price of the equipment
listed as USD 26,000.
8) OPERATORS. Unless otherwise mutually agreed in writing, Lessee shall supply and pay all
operators on the equipment during the Rental Period. All operators shall be competent. Should Lessor
furnish any operators or other workmen for the equipment, they shall be employees of Lessee during the
Rental Period, and Lessee shall pay them salary or wages and all other applicable costs. Lessee shall
provide and pay for all workmen’s compensation insurance and pay all payroll taxes required by law and
applying to such operators and workman.
9) DISCLAIMER OF WARRANTIES. LESSOR MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE
CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS
PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR
PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES,
SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL
METHODS. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE,
OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN
THE EQUIPMENT. AS TO LESSOR, LESSEE LEASES THE EQUIPMENT “AS IS”. LESSOR SHALL
NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND
OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY
LEASED OR ACCIDENTAL BREAKAGE THEREOF.
10) INDEMNITY. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all
claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys’ fees,
arising out of, connected with, or resulting from the equipment or the Lease, including without limitation,
the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or
return of the equipment. Lessee shall further indemnify Lessor, and hold Lessor harmless from all loss
and damage to the equipment during the rental period. Lessee recognizes and agrees that included in
this indemnity clause, but not by way of limitation, is Lessee’s assumption of any and all liability for injury:
disability and death of workmen and other persons caused by the operation, use, control, handling, or
transportation of the equipment during the Rental Period.
11) RISK OF LOSS. Lessor shall not be responsible for loss or damage to property, material, or
equipment belonging to Lessee, its agents, employees, suppliers, or anyone directly or indirectly
employed by Lessee while said material property, or equipment is in Lessor’s care, custody, control or
under Lessor’s physical control. Lessee is encouraged to obtain appropriate equipment, material, or
installation floater insurance against such risk of loss. Lessee and its insurers waive all rights of
subrogation against Lessor for such losses.
12) INSPECTION: CONCLUSIVE PRESUMPTIONS. Lessee shall inspect the equipment within one
(1) business day after receipt thereof. Unless Lessee within said period of time gives written notice to
Lessor, specifying any defect in or other proper objection to the equipment, Lessee agrees that it shall be
conclusively presumed, as between Lessor and Lessee, that Lessee has fully inspected and
acknowledged that the equipment is in full compliance with the terms of this agreement, in good condition
and repair, and that Lessee is satisfied with and has accepted the equipment in such good condition and
repair. Lessor shall have the right at any time to enter the premises occupied by the equipment and shall
be given free access thereto and afforded necessary facilities for the purpose of inspection.
13) OWNERSHIP. Lessor shall at all times retain ownership and title of the equipment. Lessee shall
give Lessor immediate notice in the event that any of said equipment is levied upon or is about to become
liable or is threatened with seizure, and Lessee shall indemnify Lessor against all loss and damages
caused by such action.
14) DEFAULT; REMEDIES. If (a) Lessee shall default in the payment of any rent or in making any
other payment hereunder when due, or (b) Lessee shall default in the payment when due of any
indebtedness of Lessee to Lessor arising independently of this lease, or (c) Lessee shall default in the
performance of any other covenant herein and such default shall continue for five days after written notice
hereof to Lessee by Lessor, or (d) Lessee becomes insolvent or makes an assignment for the benefit of
creditors, or (e) Lessee applies for or consents to the appointment of a receiver, trustee, or liquidator of
Lessee or of all or a substantial part of the assets of Lessee under the Bankruptcy Act, or any amendment
thereto (including, without limitation, a petition for reorganization, arrangement, or extension) or under any
other insolvency law or law providing for the relief of debtors, then, if and to the extent permitted by
applicable law, Lessor shall have the right to under any other insolvency law or law providing for the relief
of debtors, then, if and to the extent permitted by applicable law. Lessor shall have the right to exercise
any one or more of the following remedies.
(a) To declare the entire amount of rent hereunder immediately due and payable as to any or all
items of the equipment, without notice or demand to Lessee.
(b) To sue for and recover all rents, and other payments, then accrued or thereafter accruing, with
respect to any or all items of the equipment.
(c) To take possession of any or all items of the equipment without demand, notice, or legal
process, wherever they may be located, at Lessee’s cost. Lessee hereby waives any and all
damages occasioned by such taking of possession. Any said taking of possession shall not
constitute a termination of this lease as to any or all items of equipment unless Lessor expressly
so notifies Lessee in writing.
(d) To terminate this lease as to any or all items of equipment.
(e) To pursue any other remedy at law or in equality.
Notwithstanding any said repossession, or any other action which Lessor may take, Lessee shall be and
remain liable for the full performance of all obligations on the part of Lessee to be performed under this
Lease. All such remedies are cumulative, and may be exercised concurrently or separately.
15) NO SUBLETTING ASSIGNMENT. No equipment shall be sublet by Lessee, nor shall he assign
or transfer any interest in this Agreement without written consent of Lessor. Lessor may assign this
Agreement without notice. Subject to the foregoing, this Agreement inures to the benefit of, and is binding
upon, the heirs, successors, and assigns of the parties hereto.
16) REMEDIES CUMULATIVE: NO WAIVER; SEVERABILITY. All remedies of Lessor hereunder are
cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the
exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the
exercise of any other remedy. No failure on the part of the Lessor to exercise and no delay in exercising,
any right or remedy, hereby shall operate as a waiver thereof; nor shall any single or partial exercise by
Lessor of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of
any other right or remedy. If any term or provision of this lease is found invalid, it shall not affect the
validity and enforcement of all remaining terms and provisions of this lease.
17) GOVERNING LAW. This Agreement and the rights and obligations of the parties hereunder shall
be governed by the laws of the Commonwealth of Pennsylvania, notwithstanding any conflict-of-law
doctrines of any jurisdiction to the contrary. Each party irrevocably and unconditionally: (a) agrees that
any suit, action or other legal proceeding arising out of or relating to this Agreement (including, without
limitation, any action for preliminary and permanent injunctive relief and other equitable relief) shall be
instituted exclusively in the state or federal courts in the Eastern District of Pennsylvania; (b) consents to
personal jurisdiction in such courts; (c) waives any objection that either party may have to the laying of
venue of any such suit, action or proceeding in such court; and (d) waives any claim or defense of
inconvenient forum. Any judgment entered in such courts may be enforced against either party in any
court of competent jurisdiction.
18) EXPENSES. Lessee shall pay Lessor all costs and expenses, including attorneys’ fees, incurred
by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions,
or provisions hereof.
19) ENTIRE AGREEMENT. This instrument constitutes the entire agreement between Lessor and
Lessee; and it shall not be amended, altered or changed except by a written agreement signed by the
parties hereto.