Choice of Rental Items
Customer acknowledges that he had an opportunity to personally choose, inspect and test the equipment rented, and accepts the rented item "as is", and finds it suitable and safe for his needs and in good working condition and understands it's proper and safe use. Customer further acknowledges his duty to continuously inspect the equipment prior to each use and notify NYPR of any defects and to stop using any item that is in disrepair or unsafe to operate.
Replacement of Malfunctioning Equipment
If the equipment becomes unsafe or in disrepair as a result of normal use, abuse or neglect customer agrees to discontinue use and notify NYPR who will replace the equipment with similar equipment in good working order, if available. In the case of abuse or neglect NYPR may not replace the item at our sole discretion. NYPR is not responsible and is held harmless for any incidental or consequential damages cause by delays or otherwise.
Maintenance and Care of Rental Items
Customer will continually inspect unit for safety and standard maintenance. Customer will check all fluids, oils, belts, tire pressure and condition etc. and replenish and or grease as needed. Failure to follow standard maintenance procedures will result in additional charges. Customer will notify NYPR if any item rented is in need of repair or maintenance.
Dirty, Damaged and Lost Equipment
Customer agrees to pay for any damage to or loss of the goods, including loss of rental, as an insurer, regardless of cause, except for reasonable wear and tear, while goods are out of the possession of NYPR. Customer agrees to pay a reasonable cleaning charge for equipment returned dirty or coated by other. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price plus any transportation charges. The cost of repairs will be borne by the customer, whether performed by NYPR, or at NYPR's option, by others.
There are no Warranties of merchantability of fitness, either expressed or implied. There is no warranty that the equipment is suited for the customer's intended use, or that it is free from latent defects.
Hold Harmless and Indemnification Agreement
Customer agrees to assume all inherent risks in the operation and use of rental items, and hold NYPR harmless for property damage and personal injury caused by the equipment and/or arising out of NYPR's negligence.
PLR's performance under this agreement will be excused or may be delayed or modified without liability in the event of severe weather conditions, strikes, labor disputes, and other acts of God, and governmental mandates beyond our control. In such event, we agree to promptly notify you. If, in our option, circumstances permit, we will use our best efforts to provide substitute services as close as reasonably practicable to the services specified herein, subject to your written approval. Customer assumes all additional out of pocket expenses related here to.
Use of the equipment in the following circumstances is prohibited and constitutes breech of this contract.
A: Use for illegal purpose or in an illegal manner.
B: Use when equipment is in disrepair or is unsafe.
C: Improper, unintended use or misuse.
D: Use by anyone other than Customer or his employees, without NYPR's written permission.
E: Use at any location other than the address furnished to NYPR without NYPR's written permission.
F: Use by anyone not properly trained or supervised.
Assignments, Subleases and Loans of Equipment
NYPR may assign their rights under this contract without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan equipment without NYPR's written permission. Any purported assignment by Customer is void.
Rental rates are listed on the front side of this contract. Rates are nonnegotiable. Daily rentals are based on an 8-Hour workday, not 24-Hours, when applicable NYPR will give a courtesy period of 24-hours at our sole desecration. Weekly rates are based on a 40-Hour Week and 160-Hour Month. Equipment used in a double shift will be charged at one and one half times the daily rental rate. Equipment used in a triple shift will be charged at twice the daily rental rate.
Times of Return
Customer's right of possession terminates on the rental period "Due In" date and time. Retention or 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.
Customer agrees to return the rented items during NYPR's regular business hours, upon expiration of the rental period denoted as the "Due In" date and time. Customer agrees that if the rented items are held beyond the expiration of the rental period overtime charges will accrue and be charged as overtime upon return and closing of this contract
To reserve any rental item a non-refundable deposit is required. Reservations will be honored at time of receipt of the non-refundable deposit and a signed contract and is subject equipment availability at time contract and deposit is received by PLR.
Time of Payment
All rentals are to be paid in advance. Open accounts are due and payable net 30 days from date of invoice. All past due invoices carry a finance charge of 1.5% per month (annual rate of 18%).
Renter agrees to pay all taxes, license fees or permit fees arising out of the use of the rented item or purchase of our products and or services. Renter agrees to pay NYPR said taxes upon demand.
Customer agrees to pay all reasonable collection, attorney's and court fees and other expenses involved in the collection of the charges or enforcement of NYPR's rights under this contract.
Upon failure to pay rent or other breach of this contract NYPR may terminate this contract and take possession of and remove the goods from wherever they are. NYPR and his agents shall not be liable for any claims for damage or trespass arising from the removal of the goods.
Failure to return rented equipment pursuant to the terms of this rental agreement may subject the renter to criminal and civil prosecution.
Damage Waiver Charge (DWC)
If the customer accepts DWC, NYPR agrees to waive any claim against customer for ACCIDENTAL DAMAGE to equipment rented under this contract. DWC does not cover ABUSE, VANDALISM or THEFT. DWC is not insurance and customer liability is limited to 20% of the replacement cost of the equipment damaged beyond repair. DWC does not cover tire damage, flat tires or any exclusion listed on a rented item listed on the front side of this contract. Damaged equipment does not relieve your obligations of this contract; all rental fees are due and payable in full.
Delivery and Pickup Terms
NYPR does not warrant or guarantee an exact delivery time and will not be held liable for any delays or additional expenses incurred for any delays for any reason beyond our control. To schedule pickup and to take an item off rental the customer is responsible to call NYPR and schedule pickup. The customer will be given a pickup number as proof of call. NYPR will not automatically pickup equipment without notification regardless of period scheduled or booked. Customer is responsible and accepts all risks for rental items in your possession until NYPR picks-up.
Safety and Instruction
Proper and safe use is the responsibility of the operator. Customer is solely responsible to observe and follow all safety rules and regulations required by any local, state or government agency. Customer has been given proper instruction and demonstration prior to taking delivery of the rented item and had the opportunity to review all material supplied by the manufacturer. The customer also acknowledges that they are qualified to use items rented.
Customer shall maintain, at their expense, liability, property and casualty insurance coverage in the amounts necessary to fully protect NYPR and our equipment against any claims, loss or damage of whatever nature or type.
Notification of Accident
Customer will notify NYPR IMMEDIATELY of any accident or injury in relation to a rental item regardless of the severity followed by any and all documentation. NYPR or their agents retain all the rights to inspect, photograph and investigate, as we deem necessary to protect NYPR and their agents.
The provisions of this rental contract are severable. If one is invalid, unenforceable , or waived, the rest will not be affected.
Sale of Used Equipment
All used equipment is sold "as is" and "with all faults" basis. NYPR makes No expressed or implied warranties other than what is listed on the contract.
Buyer acknowledges that the only warranty provided with this product(s) are those provided by the actual manufacturer and that NYPR make no warranties of merchantability or fitness.
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