“A” - A
S
T
CHEDULE
DDITIONAL
ERMS
Renter’s Covenants
1.
Insurance, Operating Costs and Repairs
4.
1.1
Exercise reasonable care in the use and servicing of
4.1
So long as this Agreement remains in effect, the
the Equipment, and shall maintain, repair, overhaul, service
Renter covenants:
and keep the Equipment in a condition equivalent to its
(a)
to cause the Equipment to be operated in a lawful
condition at the Start Date, reasonable wear and tear only
manner and only by competent, qualified
excepted, and in a fully operative condition and in good
operators;
working order and ready for use for the intended purpose
of the Equipment including, without restriction, replacing
(b)
to cause the Equipment to be used only in a
all damaged, lost or broken portions thereof with parts of
prudent and safe manner and only for the purpose
equivalent quality.
for which they were designed;
1.2
The Equipment shall be at the risk of the Renter
(c)
to not share the Equipment with any other person,
from the Start Date until the Owner takes physical
nor lend, rent, lease or sublet the Equipment to
possession of the Equipment and, except as hereinafter
any other person or user, without the express
described, the Renter assumes the risk of liability and shall
written consent or approval from the Owner;
pay for any loss or damage arising from or pertaining to the
(d)
to promptly notify the Owner of any accident,
possession or operation or use of the Equipment from any
damage, deficiencies or theft related to the
cause whatsoever and, without limiting the generality of the
Equipment,
and/or
of
deficiencies
in
the
foregoing, liability or loss arising from fire, theft, loss, or
Equipment.
destruction, of the Equipment or any part thereof.
5.
Waiver and Indemnity
1.3
In the event that the Equipment or part thereof is
damaged, the Renter shall immediately notify the Owner,
5.1
The Renter hereby:
providing details of the damage suffered and the operable
(a)
waives any and all claims, rights or causes of
condition of the Equipment. Upon receipt of such notice,
action of every nature and kind at law or equity or
the Owner may, in its sole discretion, require the Renter to
under any statute that it has or may have in the
do any one or more of the following:
future against the Owner or its councilors,
(a)
return the Equipment to the Owner for inspection,
officers, employees and agents; and
assessment and repair;
(b)
forever releases Owner or its councilors, officers,
(b)
attend to the repair of all or any portion of such
employees and agents from any and all liability;
damage, as may be directed by the Owner;
related to injury, death, property damage, property loss or
all at the Renter’s sole cost and expense.
any other loss or expense that may be suffered by the
Renter or, to the extent legally possible, its employees,
2.
Alterations
agents, next of kin or legal representatives, resulting
2.1
Except with the prior written consent of the Owner,
directly or indirectly from, or in any way attributable to the
the Renter shall not make any modifications or alterations to
condition of the Equipment and the sufficiency of the
the Equipment.
All modifications, alterations, parts,
instructions or training provided by the Owner, or in any
mechanisms, additions, and repairs made by the Renter to
way
attributable
to
the
transportation,
operation,
the Equipment shall be made at the Renter's expense and
maintenance, repair, use, misuse, nonuse of the Equipment
risk and the cost of rectifying them shall be borne by the
by the Renter, its directors, officers, contractors,
Renter. The modifications, alterations, parts, mechanisms
employees, servants, or agents or any other person that
and repairs, whether conducted with or without consent of
handles or uses the Equipment prior to its return to the
the Owner, shall immediately belong to and become the
Owner in accordance with this Agreement.
property of the Owner at no expense or cost whatsoever to
5.2
The Renter shall be liable for, and shall indemnify
the Owner.
and save harmless the Owner, its councilors, officers,
3.
Title to the Equipment
employees and agents from any claim, damages, liability,
cost, fee, penalty, action, cause of action, demand, damage
3.1
Title to the Equipment shall at all times remain in
to property, injury to person or death (including, without
the name of the Owner. The Renter shall have no right, title
limitation to, legal fees of the Owner on a solicitor and his
or interest in the Equipment other than the right to maintain
own client full indemnity basis), whether in contract or in
possession and use of the Equipment for the Term, subject
tort, suffered or incurred by the Owner, its councilors,
always to the Renter's compliance with all terms, covenants,
officers, servants, employees or agents or by any other
and conditions contained within this Agreement.
person, firm, partnership, corporation or entity resulting
Equipment Rental Agreement
August 2013
________Renter's Initials