Equipment Rental Agreement Template - County Owned Bbq (Page 3 of 7) in pdf

“A” - A

CHEDULE

DDITIONAL

ERMS

Renter’s Covenants

Insurance, Operating Costs and Repairs

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

deficiencies

the

foregoing, liability or loss arising from fire, theft, loss, or

Equipment.

destruction, of the Equipment or any part thereof.

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,

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

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,

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

Equipment Rental Agreement Template - County Owned Bbq Page 3

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