Fillable Printable Standard Equipment Rental Agreement

Standard Equipment Rental Agreement

EQUIPMENT RENTAL AGREEMENT (LEASE)

THIS AGREEMENT, made the ________day of____________________________,

200____, by and between ____________________________________, hereafter called

the Lessee, and ___________________________Conservation District, hereafter called

the Lessor. Lessee and Lessor, for the consideration hereafter named, agree as follows:

Under the General Conditions of Lease attached to this sheet, Lessor hereby leases to

Lessee all equipment named and identified in the following “List of Equipment,” for use

at such location and at such rental rate for approximately such time as is therein stated.

Lessor shall furnish such equipment, F.O.B., in operative condition.

LIST OF EQUIPMENT

Description

Equipment

Location of

equipment

use

Duration of

equipment

use

Lessor

Identification

Number

Rental

Rate Per

Article ($)

Rental Rate

Unit (daily,

monthly)

Lessor and Lessee, for themselves, their successors, executors, administrators and

assigns, agree to the full performance of the covenants herein contained.

IN WITNESS WHEREOF, they have executed this Agreement the day and year first

above written:

_______________________________Conservation District, Lessor

By:______________________________________

_________________________________________, Lessee

By:______________________________________

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GENERAL CONDITIONS OF EQUIPMENT RENTAL AGREEMENT (LEASE)

The conditions of lease here below stated, together with the Agreement set forth on the

reverse side of this sheet, constitute a contract between the parties therein named which

contract is hereafter referred to as “this Agreement”.

1) RENTAL PERIOD. The Rental period shall cover all time consumed in transporting

the equipment, including the date of legal delivery to a public carrier for transit to Lessee

and upon return of the equipment, the date of legal delivery by such carrier to Lessor, or

if no public carrier is used, shall include the date upon which transit to Lessee begins and

the date upon which transit from Lessee ends at Lessor’s unloading point.

2) RENTAL CHARGES. Lessee shall pay rental for the entire Rental Period on each

article of equipment named in the List of Equipment, at the rate therein stipulated and in

accordance with the following:

a) Monthly Rental Rates shall not be subject to any deductions on account of

any non-working time in the month. The amount of rent payable for any

fraction of a month at the beginning or end of the Rental Period shall be

the monthly rental rate, prorated according to the number of calendar days

in such fraction.

b) Daily Rental Rates shall not be subject to deductions for any non-working

time in the day and shall be paid for each calendar day in the month except

Sundays and legal holidays upon which the equipment is not operated.

Daily and monthly rental rates stipulated in the List of Equipment

contemplate an operating day of a regular single shift of eight (8) hours,

and for each hour over such eight (8) hours that the equipment is operated

these rates shall be increased six (6) percent of the daily rate throughout

such period as the equipment is so operated.

c) Unit of Work Rates shall be paid for each unit of work in which the

equipment participates, and the amount of rental shall, unless otherwise

agreed in writing be determined by the number of units shown in the

supervising engineer’s or architect’s estimates.

3) PAYMENT. The rent for any and every item of equipment described in the List of

Equipment shall be the amount therein designated and is payable in advance on the first

day of each month. Lessee shall pay Lessor interest at twelve percent (12%) or the

highest lawful rate, whichever is greater, on any delinquent payment from the date when

such payment was due until paid and on any other sum for breach of this Agreement,

from the date of the breach, and expenses of collection or suit, including actual attorneys’

fees.

4) SECURITY DEPOSIT. Any security deposit paid by Lessee to Lessor is paid to

guarantee Lessee’s full and faithful performance of all terms, conditions and provisions

of this Agreement. If Lessee shall so perform, an equal sum shall be repaid without

interest to Lessee at the termination of this Agreement.

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5) FEES, ASSESSMENTS, AND TAXES PAID BY LESSEE. Lessee shall pay all

license fees, assessments, and sales, use, property and excise, and other taxes or hereafter

imposed, and relating to Lessee’s use or possession of the equipment.

6) RECALL NOTICE. Lessor may recall any or all equipment upon ten (10) days

written notice to Lessee and the Lessee may return any or all equipment upon a like

notice to the Lessor.

7) MAINTENANCE AND OPERATION. Lessee shall not remove, alter, disfigure

or cover up any numbering, lettering, or insignia displayed upon the equipment, and shall

see that the equipment is not subjected to careless, unusually or needlessly rough usage;

and Lessee shall at his own expense maintain the equipment and its appurtenances in

good repair and operative condition, and return it in such condition to Lessor, ordinary

wear and tear resulting from proper use thereof alone expected.

8) REPAIRS. The expense of all repairs made during the Rental Period, including

labor, material, parts and other items shall be paid by Lessee.

9) OPERATORS. Unless otherwise mutually agreed in writing, Lessee shall supply

and pay all operators on the equipment during the Rental Period. All operators shall be

competent. Should Lessor furnish any operators or other workmen for the equipment,

they shall be employees of Lessee during the Rental Period, and Lessee shall pay them

salary or wages and all other applicable costs. Lessee shall provide and pay for all

workmen’s compensation insurance and pay all payroll taxes required by law and

applying to such operators and workman.

10) DISCLAIMER OF WARRENTIES. LESSOR, BEING NEITHER THE

MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT,

MAKES NO WARRENTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER

WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE

EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS

PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY

PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF

ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR

SPECIFIC APPARATUS OR SPECIAL METHODS. LESSOR FURTHER DISCLAIMS

ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY

TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR

OTHERWISE, IN THE EQUIPMENT. AS TO LESSOR, LESSEE LEASES THE

EQUIPMENT “AS IS”. LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO

LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER

RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY

LEASED OR ACCIDENTAL BREAKAGE THEREOF.

11) INDEMNITY. Lessee shall indemnify Lessor against, and hold Lessor harmless

from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and

liabilities, including attorneys fees, arising out of, connected with, or resulting from the

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equipment or the Lease, including without limitation, the manufacture, selection,

delivery, leasing, renting, control, possession, use, operation, maintenance or return of the

equipment. Lessee shall further indemnify Lessor, and hold Lessor harmless from all loss

and damage to the equipment during the rental period. Lessee recognizes and agrees that

included in this indemnity clause, but not by way of limitation, is Lessee’s assumption of

any and all liability for injury: disability and death of workmen and other persons caused

by the operation, use, control, handling, or transportation of the equipment during the

Rental Period.

12) RISK OF LOSS. Lessor shall not be responsible for loss or damage to property,

material, or equipment belonging to Lessee, its agents, employees, suppliers, or anyone

directly or indirectly employed by Lessee while said material property, or equipment is in

Lessor’s care, custody, control or under Lessor’s physical control. Lessee is encouraged

to obtain appropriate equipment, material, or installation floater insurance against such

risk of loss. Lessee and its insurers waive all rights of subrogation against Lessor for such

losses.

13) INSPECTION: CONCLUSIVE PRESUMPTIONS. Lessee shall inspect the

equipment within three (3) business days after receipt thereof. Unless Lessee within said

period of time gives written notice to Lessor, specifying any defect in or other proper

objection to the equipment. Lessee agrees that it shall be conclusively presumed, as

between Lessor and Lessee, that Lessee has fully inspected and acknowledged that the

equipment is in full compliance with the terms of this agreement, in good condition and

repair, and that Lessee is satisfied with and has accepted the equipment in such good

condition and repair. Lessor shall have the right at any time to enter the premises

occupied by the equipment and shall be given free access thereto and afforded necessary

facilities for the purpose of inspection.

14) OWNERSHIP. Lessor shall at all times retain ownership and title of the

equipment. Lessee shall give Lessor immediate notice in the event that any of said

equipment is levied upon or is about to become liable or is threatened with seizure, and

Lessee shall indemnify Lessor against all loss and damages caused by such action.

15) DEFAULT; REMEDIES. If (a) Lessee shall default in the payment of any rent or

in making any other payment hereunder when due, or (b) Lessee shall default in the

payment when due of any indebtedness of Lessee to Lessor arising independently of this

lease, or (c) Lessee shall default in the performance of any other covenant herein and

such default shall continue for five days after written notice hereof to Lessee by Lessor,

or (d) Lessee becomes insolvent or makes an assignment for the benefit of creditors, or

(e) Lessee applies for or consents to the appointment of a receiver, trustee, or liquidator

of Lessee or of all or a substantial part of the assets of Lessee under the Bankruptcy Act,

or any amendment thereto (including, without limitation, a petition for reorganization,

arrangement, or extension) or under any other insolvency law or law providing for the

relief of debtors, then, if and to the extent permitted by applicable law. Lessor shall have

the right to under any other insolvency law or law providing for the relief of debtors,

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then, if and to the extent permitted by applicable law. Lessor shall have the right to

exercise any one or more of the following remedies.

(a) To declare the entire amount of rent hereunder immediately due and payable as

to any or all items of the equipment, without notice or demand to Lessee.

(b) To sue for and recover all rents, and other payments, then accrued or thereafter

accruing, with respect to any or all items of he equipment.

notice, or legal process, wherever they may be located. Lessee hereby waives any

and all damages occasioned by such taking of possession. Any said taking of

possession shall not constitute a termination of this lease as to any or all items of

equipment unless Lessor expressly so notifies Lessee in writing.

(d) To terminate this lease as to any or all items of equipment.

(e) To pursue any other remedy at law or in equality.

Notwithstanding any said repossession, or any other action which Lessor may take,

Lessee shall be and remain liable for the full performance of all obligations on the part of

Lessee to be performed under this Lease. All such remedies are cumulative, and may be

exercised concurrently or separately.

16) NO SUBLETTING ASSIGNMENT. No equipment shall be sublet by Lessee, nor

shall he assign or transfer any interest in this Agreement without written consent of

Lessor. Lessor may assign this Agreement without notice. Subject to the foregoing, this

Agreement inures to the benefit of, and is binding upon, the heirs, successors, and assigns

of the parties hereto.

17) REMEDIES CUMULATIVE: NO WAIVER; SEVERABILITY. All remedies of

Lessor hereunder are cumulative and may, to the extent permitted by law, be exercised

concurrently or separately, and the exercise of any one remedy shall not be deemed to be

an election of such remedy or to preclude the exercise of any other remedy. No failure on

the part of the Lessor to exercise and no delay in exercising, any right or remedy, hereby

shall operate as a waiver thereof; nor shall any single or partial exercise by Lessor of any

right or remedy hereunder preclude any other or further exercise thereof or the exercise of

any other right or remedy. If any term or provision of this lease is found invalid, it shall

not affect the validity and enforcement of all remaining terms and provisions of this lease.

18) EXPENSES. Lessee shall pay Lessor all costs and expenses, including attorneys’

fees, incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing

any of the terms, conditions, or provisions hereof.

19) ENTIRE AGREEMENT. This instrument constitutes the entire agreement

between Lessor and Lessee; and it shall not be amended, altered or changed except by a

written agreement signed by the parties hereto.

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