Contracts

• PLEASE COMPLETE THIS PAGE IN FULL, SIGN PAGE 2 AND 3
• WE ARE IN NEED OF A CURRENT CERTIFICATE OF INSURANCE. PLEASE CALL YOUR AGENT
  AND HAVE THEM ISSUE A CERTIFICATE TO US WITH THE FOLLOWING INFORMATION:

EQ ID#		EQ:				SN:
DAILY $		WEEKLY $		MONTHLY $
FROM:		HOUR METER:		FUEL:		HAULER:
TO:		HOUR METER:		FUEL:		HAULER:

ADDITIONAL TERMS AND CONDITIONS OF EQUIPMENT RENTAL AGREEMENT:
RATES: Heavy equipment is rented on an 8-hour day, 40-hour week, 176-hour month, (4 week) basis/consecutive time. Hours equipment is worked in excess of an 8-hour day, 40-hour week and 176-hour month will be billed at an hourly rate. Equipment is billed out by days in possession NOT by hours worked unless hours exceed the daily, weekly or monthly allotted amount. Lessor is responsible for all damage done to machine. In the event Lessor’s machine is returned damaged to lessor, down time rates will be charged at the normal daily rate until repairs have been completed. All rentals are payable in advance unless credit has been previously approved. *Balance due must be paid in full within 30 days of invoice date and payment cannot be made by credit card to receive any previously agreed discount. If equipment does not work properly notify the office at once or regular charges will apply. Taking possession of equipment means you agree to the terms of this rental agreement.
CLEANING: You will be charged for cleaning of equipment if it is returned dirty at a rate of $100.00 per hour.
DEFAULT: Lessor may bring suit or other legal proceedings to collect any unpaid rent or other costs and fees due lessor from lessee pursuant to this equipment rental agreement. Lessee shall be liable for any and all fees incurred should contract be referred to a collection agency or attorney. This is intent to lien.
TERM: The term at the rental sales indicated shall commence as of the date hereof and shall terminate when said leased equipment is physically returned to Lessors place of business. Rent shall be deemed due and payable upon demand and unless credit is extended on the face hereof. Failure to return the leased equipment to Lessors place of business for any reason whatsoever shall not terminate Lessees obligation for rent. Lessor can terminate this equipment rental agreement for misuse or failure to maintain leased equipment in accordance with manufacturer’s recommendations or for any other breach hereof. All payments and sums due Lessor shall be payable on demand and bear interest at the rate of 1 ½ percent per month or the maximum legal rate, whichever is more, from due date of each invoice.
TRANSPORTATION: Lessee shall pay all transportation charges for delivery from and return to Lessor’s place of business, irrespective of the place of original delivery of possession to Lessee.
DISCLAIMER: Leased equipment is acknowledged by the parties to be in running order as of the date hereof. Lessor makes no representations otherwise set forth herein and there are no promises, understandings, or agreements other than set forth herein.
LESSOR SPECIFICALLY DECLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIES, INCLUDING BUT NOT LIMITED TO: WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANY OF MERCHANTABILITY, AND WARRANTY OF TITLE. Lessor shall not be responsible for any losses, expenses, injuries, damages, lost profits, overhead, consequential damages, or any other loss direct or indirectly, whether caused or occasioned to Lessee or any third parties, whether to person or property, due to faulty equipment, downtime, or failure to deliver when due. Lessor’s rental rate does not contemplate any of the aforesaid exposures or risks. Lessee assumes full risk therefore.
INSPECTION: Lessee warrants that Lessee shall competently and completely inspect the leased equipment upon delivery to the jobsite and, if defects are found, shall promptly call each and every defect found to exist to Lessor’s attention before any use of leased equipment. Following such notice, Lessee shall not use leased equipment until Lessor has had an opportunity to inspect the same and correct any defects. Rent shall be abated for any period required to repair defects that are Lessor’s responsibility.
CARE AND REPAIRS: Lessee shall be fully responsible for any damage, liability or injury to said leased equipment and shall return the same to Lessor in as good a condition, appearance and running order as when originally delivered to Lessee, reasonable wear and tear accepted. If Lessor shall be required to make any repairs to restore the leased equipment or any part there of to said good condition, then the Lessee shall be responsible for the cost of said repairs. Lessee shall protect all leased equipment form weather by providing suitable housing, by providing competent operators and by providing operational maintenance and shall allow Lessor to inspect said leased equipment. Lessee authorizes Lessor to make such repairs, if the leased equipment is placed in Lessor’s possession without repair, and agrees to pay Lessor for the repairs at prices prevailing for the repairs required. However, if damages are such as to render it impractical in the sole opinion of Lessor, to repair said leased, Lessee shall pay to Lessor the reasonable market value of said leased equipment as of the date of the execution of the equipment rental agreement. At Lessor’s option, all funds paid to Lessor by Lessee may be applied first to handling, transportation, repair or other charges accruing under the terms of the equipment rental agreement prior to applying the same upon amounts due for rent. The leased equipment returned shall be subject to mechanical inspection within a reasonable time after return and defects that are Lessee’s responsibility shall be paid by Lessee upon demand, notwithstanding payment of any other amounts computed and paid as of the date of return.
INSURANCE: Lessee assumes all risk of loss or damage of said leased equipment and any such damage or loss shall not relieve the Lessee from any obligation under the terms of this equipment rental agreement. Should the leased equipment be lost or damaged, the equipment rental agreement shall nevertheless remain in full force and effect. Lessee agrees to keep the leased equipment unceasingly insured for full value against loss by fire, theft, flood, explosion, and accident, including, comprehensive coverage and such other coverage as may be required by the Lessor.
Lessee also agrees to protect the Lessor with commercial liability with a limit of at least $1,000,000.00 and property damage insurance up to $
Certificates of such insurance showing the Lessor to be named as an additional insured and as loss payee therein shall be deposited with the Lessor. Cargo coverage is required if hauling equipment. The above insurance shall be in companies acceptable to Lessor and Lessee shall furnish certificates of such insurance in form acceptable to Lessor within three (3) days from the date of execution of this equipment rental agreement. Said certificates shall provide that such insurance shall not be cancelled without thirty (30) days’ notice to Lessor in advance. If Lessor shall waive in writing any requirements for insurance, said waiver shall constitute an agreement by Lessee to indemnify Lessor any and all loss, which such insurance would otherwise have covered.
INDEMNITY AND ATTORNEY FEES: Lessee shall indemnify and hold harmless Lessor from any and all claims, suits, costs, expenses, attorney’s fees, damages or liability of any kind or nature whatsoever incurred in connection with or arising out to location, operation, or use of said leased equipment, including such claims for injuries to or death of any and all person and all damages to property. Lessee agrees to defend, at Lessee’s own expense, in the name of an on behalf of, Lessor all such claims for which Lessor is liable or alleged to be liable. In the event Lessor places this equipment rental agreement in the hands of an attorney or attorney’s for collection, investigation, suit or other legal proceedings, to enforce or defend any of the terms or conditions of the equipment rental agreement for which Lessee is responsible, then Lessee shall pay all reasonable attorney’s fees, costs, expenses, and disbursements incurred by Lessor. The venue of any legal proceedings shall be in King County, Washington or in such other county or venue as may be determined by Lessor.
DEFAULT: Time is of the essence with respect to every term or condition here of and if there is a breach of this equipment rental agreement in any respect by Lessee, then Lessor may, at its option, immediately take possession of said leased equipment, in which event Lessee shall pay all costs in connection with said repossession and upon repossession all of the rights of Lessee to the use of said leased equipment shall terminate. In addition, Lessor may bring suit or other legal proceedings to collect any unpaid rent or other fees due Lessor from Lessee pursuant to this equipment rental agreement. Lessee shall be liable for any and all fees incurred should contract be referred to a collection agency or attorney.
REMOVAL: Leased equipment shall not be removed from the State of Washington, and Lessee shall advise Lessor of the location of said leased equipment. If for any reason, the leased equipment is removed from the job location described hereon, Lessee shall not relinquish custody or control of said leased equipment to any third party except employees of Lessor.
ASSIGNMENT: Lessee shall not assign, transfer or sublet this equipment rental agreement or Lessee’s interest therein, without prior written consent of Lessor, and consent to said assignment shall not relieve Lessee from its responsibilities and obligations under this equipment rental agreement.
DEMONSTRATION: If the leased equipment is taken for demonstration only, all terms and conditions of this equipment rental agreement shall apply, including, but not limited to, liability for repairs or damage to the equipment.
TITLE: The title is not and at all time here and after shall remain and be vested only with Lessor unless a written agreement otherwise is executed subsequent to this agreement.