MADDOG RENTALS LLC
PO BOX 164
NEOLA, UT 84053
HOLD HARMLESS AGREEMENT:Customer agrees to assume the risks of, and hold Dealer harmless, for, property damage and personal injuries caused by the equipment and/or arising out of the eDealer’s negligence.
TIME OF RETURN:Customer's right to possession terminates on the expiration of the rental period (“DUE IN” Date & time) and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon writing.
Notice: Failure, refusal or neglect to return the rental property within 72 hours after the agreed rental period has expired or the presenting of false, fictitious or misleading identification to the dealer shall be prima facie evidence of an intention to commit larceny. I have read and I agree to the contract terms. There are no oral or other representations not included herein. I acknowledge receipt of a copy of this contract.
If equipment does not function properly, NOTIFY US IMMEDIATELY or full rate will be charged A CLEANING CHARGE IS MADE ON ITEMS RETURNED UNCLEAN WE CHARGE FOR ALL TIME OUT INCLUDING SATURDAYS, SUNDAYS, AND MOST HOLIDAY.
TERMS AND CONDITIONS
1-INSPECTION. Customer acknowledges that he has had an opportunity to personally inspect the equipment, and finds it suitable for his needs and in good condition, and that he understands its proper use. The customer further acknowledges his duty to inspect the equipment prior to use and notify the dealer of any defects.
2- REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in despair as a result of normal use, Customer agrees to discontinue use and notify Deler who will replace the equipment with similar equipment in good working order, if available. Dealer is not responsible for any incidental or consequential damage caused by delays or otherwise.
3- WARRANTIES, THERE ARE NO WARRANTIES OR MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. There iis no warranty that the equipment is suited for Custom’ers intended use, or that it is free from defects. “IN NO EVENT SHALL DEALER BE LIABLE FOR CONSEQUENTIAL DAMAGES”
4- HOLD HARMLESS AGREEMENT. Customer agrees to assume the risks of, and hold Dealer harmless for, property damage, and personal injuries caused by the equipment and/ or arising out of Dealer’s negligence.
5- PROHIBITED USES. Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract.
Use for illegal purposes or in an illegal manner.
Use when the equipment is in bad repair or is unsafe.
Improper, unintended use or misuses.
Use by anyone other than Customer or his employees, without Dealer’s written permission.
Use at any location other than the address furnished Dealer without Dealer’s written permission. (Does not apply to mobile equipment)
6. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. Dealer may assign his rights under this contract without Customer’s consent, but will remain bound by all obligations herein. Customers may not sublease or loan the equipment without Dealer’s written permission. Any purported assignment by Customer is void.
7.TIME OF RETURN. Custom’ers right to possession terminates on the expiration of the rental period (“Due in” date & time) and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.
8. LATE RETURN. Customer agrees to return the rented goods during Dealers’ regular store hours, upon expiration of the rental period (“Due in” date & time). Customer agrees that if the rented goods are held beyond the expiration of the rental period (“Due in” Date & time) as designated in the contracts, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire people, notwithstanding any lesser periodic rate.
9- DIRTY, DAMAGED OR LOST EQUIPMENT. Customer agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the repossession of the Dealer. Customers also agree to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. “Equipment which is lost, stolen or is damaged beyond reasonable cost of repair is the sole and exclusive responsibility of the customer. Such equipment will be paid for by the Customer at the current list price without reduction for depreciation, usage or wear and tear.” The cost of repairs will be borne by the Customer, whether performed by the Dealer or, at Dealer’s option, by others.
10. TIME OF PAYMENT. Accounts are due and payable at the termination of the rental period. A carrying charge of 2% per month (ANNUAL RATE OF 26.82%) will be charged on all overdue accounts.
11. COLLECTION COSTS. In the event of default by Customer under this agreement, Customer agrees to pay all costs of collection and litigation, including attorney’s fees. There will be added to the amount due hereunder minimum attorney’s fees of twenty-five persons (25%) of the amount otherwise due. Venue for any legal action shall be in Duchesne County, Utah.
12- REPOSESSION. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims or damage or trespass arising out of the removal of the goods.
13. INSPECTION OF TRAILER HITCH. Customer agrees to inspect the trailer coupling mechanism and safety chain before leaving Dealer’s premises. Customers also agree to inspect the equipment periodically (every 100 miles) and to maintain the coupling and chain in a safe and secure condition.
14. DAMAGE OF BUMPERS. Dealer is not liable for damage to Custom’ers bumper or automobile done by detachable hitches, towbars or other detachable equipment.
15. SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provision.