Johnson Hardware & Rental / Rental Agreement
- The RENTER shall keep and maintain the rented equipment during the terms of the rental at his/her own cost and expense. S/he shall keep the equipment in a good state of repair, normal wear and tear excepted.
- The RENTER shall pay the OWNER full compensation for replacement and/or repair of and equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was at the time of rental, normal wear and tear excepted. The OWNER's invoice for replacement or repair is conclusive as to the amount RENTER shall pay under this paragraph for repair or replacement.
- The equipment shall be delivered to the RENTER and returned to the OWNER at the RENTER's risk, cost, and expense. If a periodic rental rate is charged by the OWNER, rental charges are billed to the RENTER for each period or portions of the period from the time the equipment is rented to the RENTER until its return. If a rental rate is charged by OWNER, rental charges are billed to the RENTER for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned.
- No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by OWNER does not constitute a waiver of the rights OWNER has under the rental agreement.
- The RENTER shall allow OWNER to enter RENTER's premises where the rental equipment is being stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the RENTER is in default of any of the terms and conditions of this agreement, the OWNER, and his/her agents, at the RENTER's risk, cost and expense, may at any time enter the RENTER's premises where the rental equipment is being stored or used to recover the rented equipment.
- The OWNER makes no warranty of and kind regarding the rented equipment, except that the OWNER shall replace the equipment with identical or similar equipment if the equipment fails to operate in accordance to the manufacturer's specifications and operating instructions. Such replacement will be made as soon as possible after RENTER returns the non-conforming equipment.
- RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind, for repossession and for any consequential and special damages for and claimed breach of warranty.
- The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by owner in protecting its rights under this rental agreement and for any action taken by the OWNER to collect any amounts due to the OWNER under this rental agreement.
- These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of the RENTER.