2. Rent. Lessee will pay the following rates for the rental of the Equipment:
Daily $ ____________________
Weekly $ ___________________
Monthly $ ____________________Lessee is responsible for all sales, use, property and similar taxes arising from the lease of the Equipment.3. Rental Term. The rental term commences on the day after the Lessor ships the Equipment and terminates on the day that the Equipment is returned to Lessor’s place of business. The estimated commencement date of the term is:Est. Date: __________________________________4. Payment and Shipping Terms. Billing terms are Net 30 days with approved credit. Rentals are F.O.B. Wexford, PA. All freight charges will be billed to Lessee’s account. Airport to airport service is available for an additional charge of $150 each way plus freight charges ($250 on weekends or holidays).
5. Acceptance/Notice of Defects. Lessee assumes responsibility for inspecting and testing the Equipment upon receipt. Unless Lessee gives Lessor notice of a defect to an item of Equipment within four (4) hours after receipt thereof, the Equipment shall be conclusively presumed to have been delivered in good working order and repair and accepted by Lessee. Delivery of Equipment prior to commencement of rental term for inspection and testing is available for a fee upon request.
6. Use. Lessee shall use the Equipment solely for its own business purposes and in a careful and proper manner. Lessee shall comply with all laws and regulations relating to the possession and use of the Equipment. The Equipment remains the property of Lessor and Lessee shall keep it free from all liens, levies and encumbrances of any kind or nature.
7. Warranties/Limitation of Liability. Lessor warrants that it has the right to rent the Equipment and that the Equipment is in good working order and condition when shipped. OTHERWISE, LESSOR MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY FACT OR LAW, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. Lessee acknowledges and agrees that Lessor shall not be liable to Lessee for any indirect, special, incidental or consequential damages (including, without limitation, damages for loss of use, revenue or profit and damages resulting from any third party claim against Lessee) arising out of, under or in connection with this Contract. Lessor’s liability to Lessee hereunder for damages, if any, regardless of the form of the action, shall be limited exclusively to rental payment refunds.
8. Repairs and Alterations. Lessee shall not make any repairs, alterations, additions or improvements to the Equipment. If any Equipment is in need of repair, it should be promptly returned to Lessor.
9. Return of Equipment. Lessee is responsible for returning the Equipment to Lessor’s place of business in as good a working order and condition as when shipped to Lessee except for reasonable wear given the length of the rental period. Lessee acknowledges and agrees that the determination of whether the Equipment has been returned in the required condition shall be within the sole discretion of Lessor.
10. Risk of Loss/Insurance. Lessee hereby assumes and agrees to bear the entire risk of damage, loss, theft and destruction of the Equipment from any and every cause whatsoever while in Lessee’s possession. Lessee is advised to procure and maintain insurance coverage on the Equipment against risk of damage, loss, theft or destruction during such period.
11. Damage and Loss. In the event the Equipment is damaged, Lessee shall pay Lessor’s repair cost plus loss of rental income, if any. In the event of the loss, theft or complete destruction of the Equipment, Lessee shall pay to Lessor the full replacement cost of the Equipment.
12. Indemnification. Lessee shall indemnify and hold Lessor harmless from and against any and all claims, actions, suits, proceedings, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and costs), known or unknown, foreseen or unforeseen, arising out of or resulting from (i) the breach of this Contract by Lessee, (ii) any act, error or omission of Lessee in connection herewith, and/or (iii) any property damage, bodily injury, illness, wrongful death, or loss of services claimed to have resulted from Lessee’s rental, use, possession, transport or storage of the Equipment.
13. Binding Effect. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Lessee may not assign this Contract or any rights or obligations hereunder without the prior written consent of Lessor.
14. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any conflict of laws provisions. Lessee expressly agrees that any action or proceeding arising out of or relating to this Contract may be commenced in the state and federal courts of the Commonwealth of Pennsylvania in Pittsburgh, Pennsylvania and Lessee agrees that a summons and complaint commencing an action or proceeding in such courts shall be properly served and shall confer personal jurisdiction if served personally or by certified mail, or as otherwise provided under the laws of the Commonwealth of Pennsylvania or the United States of America. Lessee hereby waives any claim that Pittsburgh, Pennsylvania is an inconvenient forum and any claim that any action or proceeding arising out of or relating to this Contract and commenced in the aforementioned courts lacks proper venue.
15. Counterparts. This Contract may be executed in two or more counterparts, each of which shall be deemed an original, and all such counterparts when taken together shall constitute but one and the same instrument. The exchange of signatures and signature pages by facsimile or computer transmission shall constitute effective execution and delivery of this Contract and shall be deemed to be and may be used in lieu of original signatures for all purposes.
16. No Conflicting Terms. The terms and conditions set forth in this Contract constitute the complete and exclusive agreement between Lessor and Lessee. Any different terms or conditions in Lessee’s purchase orders, acknowledgments or other documents are not binding on Lessor, and Lessee’s receipt and acceptance of the Equipment shall be deemed to be an acceptance by Lessee of the terms and conditions of this Contract. Lessee is hereby notified in advance of Lessor’s objection to any proposed additional or different terms or conditions by Lessee. Lessor’s acceptance of lease payments from Lessee shall not be deemed an acceptance of any different terms or conditions proposed by Lessee.
17. Addendum. The terms and conditions of the attached Addendum, if any, are hereby incorporated by reference into and made a part of this Contract. To the extent the terms and conditions contained in the Addendum modify, amend, conflict with or otherwise change the terms and conditions set forth above, then the terms and conditions of the Addendum shall govern.
IN WITNESS WHEREOF, the undersigned Lessee, intending to be legally bound hereby, has executed this Contract as of the _______ day of ______________________, 20______ |
