Rental Contract
Parties: This Equipment Rental Agreement (the “AGREEMENT”) is entered into between McKool’z Toolz Equipment Rental, LLC. (“LESSOR”), with an address at 573 North 700 West, Provo, Utah 84601, and (“LESSEE”), of the name, address and contact information enumerated on page 1 of this Agreement.
Term: The term (“TERM”) of this AGREEMENT begins at the time specified on page 1 under the “OUT INFORMATION” section and terminates at the time specified in the “RETURN INFORMATION” section unless extended or modified by advance written agreement of the parties.
Equipment Leased: LESSOR agrees to rent to LESSEE the equipment described on page 1 under the “ITEM” column (the “EQUIPMENT”).
Rental Rate: As payment for rent of the EQUIPMENT, LESSEE agrees to pay LESSOR the rate and fees shown on page 1 of this AGREEMENT, in advance. For rental of heavy equipment, a fuel deposit of US $200.00 is payable in advance and will be refunded in full if the EQUIPMENT is returned fully refueled. If LESSEE returns the EQUIPMENT with less than a full tank of fuel, then LESSOR will deduct from the deposit the amount required to fully refuel the EQUIPMENT at a rate of $8/gal. For rental of heavy equipment, each eight (8) hours of use, as determined by the EQUIPMENT's engine hour meter, will be considered a full twenty-four hour day for purposes of determining rent due hereunder, and forty (40) hours of use, as determined by the EQUIPMENT's engine hour meter, will be considered a full week for purposes of determining rent due hereunder. Any additional charges, if applicable, will be calculated and payable when the EQUIPMENT is returned. LESSEE will provide LESSOR with a legible photocopy or photograph of LESSEE's valid driver license, a major credit card and telephone number(s).
Late Fees/Insufficient Funds: If amounts due hereunder are not paid within 24 hours after they become due and payable, LESSEE agrees to pay LESSOR a late fee of US $50.00 for each day or part of a day that elapses after such 24-hour grace period until all charges and any late fees have been fully paid. LESSEE agrees to pay LESSOR US $50.00 for any check from LESSEE to LESSOR returned unpaid due to insufficient funds.
Condition of Equipment: LESSEE acknowledges that it has had the opportunity to inspect the EQUIPMENT and agrees that upon commencement of the TERM the EQUIPMENT was in good order and operating condition, properly functioning and otherwise completely acceptable to LESSEE. LESSEE and LESSOR will each have the opportunity to photograph the EQUIPMENT to memorialize its condition upon commencement of the TERM. During the TERM and until the EQUIPMENT is returned to LESSOR, LESSEE assumes all risk of loss or damage to the EQUIPMENT and agrees that it will return the EQUIPMENT to LESSOR at the end of the TERM in as good a condition as it was at the beginning of the TERM, normal wear and tear excepted.
Care and Operation of Equipment: LESSEE acknowledges that instructions regarding use and operation of the EQUIPMENT have been provided or communicated to it by LESSOR. LESSEE acknowledges that it understands the instructions, agrees to use reasonable care in operating the EQUIPMENT, and represents that it is sufficiently familiar with the EQUIPMENT as to enable LESSEE to operate it safely. LESSEE acknowledges that it is obligated to comply with all applicable laws, rules and regulations pertaining to its use of the EQUIPMENT, and that it is liable for any damage and/or injury caused by or resulting from any failure to comply with all applicable laws, rules and regulations.
Damages and Repairs: LESSEE and LESSOR will have the opportunity to photograph the EQUIPMENT to memorialize its condition at the end of the TERM. If inspection at or after the end of the TERM shows that damage has occurred to the EQUIPMENT, LESSEE agrees to pay LESSOR (a) a US $250.00 “loss of use” fee, if the damage incurred has rendered the EQUIPMENT inoperable, for each day until the EQUIPMENT is repaired and returned to operable condition; and (b) the cost of any repairs required to return the EQUIPMENT to the condition it was in at commencement of the TERM, normal wear and tear excepted. If, after commencement of the TERM and until the EQUIPMENT is returned to LESSOR, any repairs to the EQUIPMENT become necessary, LESSEE will promptly notify LESSOR and LESSOR will determine how to effect the needed repairs. LESSOR will bear the cost of any repairs required as a result of normal wear and tear and, as needed, will adjust the rental rate to take into account EQUIPMENT use time lost to LESSEE. LESSEE will bear the cost of any repairs necessary to return the EQUIPMENT to the condition it was in at commencement of the TERM, normal wear and tear excepted. A fee of US $200.00 per key will be assessed for loss of any keys to the EQUIPMENT. Rental insurance may be purchased by LESSEE prior to commencement of the TERM for a fee equal to 15% of the total rent due, but is not available after commencement of the TERM. If rental insurance is purchased, then LESSEE's liability for the cost of any repairs required to return the EQUIPMENT to the condition it was in at commencement of the TERM, normal wear and tear excepted, is limited to 10% (ten percent) of the cost of such repairs.
Location of Equipment: During the TERM, the EQUIPMENT will be kept and used at the location described on page 1 of this Agreement and, except for transportation from the LESSOR to the location or from the location back to LESSOR, shall not be removed from that location without LESSOR's prior written consent. If delivery and/or retrieval of EQUIPMENT by LESSOR is needed, LESSEE will pay LESSOR a fee agreed upon in writing.
Alterations or Modification: LESSEE agrees that it will not make any alterations or modifications to the EQUIPMENT without LESSOR's prior written consent, and that any alterations or modifications become the property of LESSOR and subject to the terms of this AGREEMENT.
Lessor's Right of Inspection: During the TERM of this AGREEMENT, LESSOR shall have the right to inspect the EQUIPMENT at any time.
Liability, Release and Indemnity: LESSEE assumes all risk for, and will be liable for, the injury, disability and/or death of any person, and for any property damage, caused by or incidental to he use, operation, handling and/or transportation of the EQUIPMENT from commencement of the TERM and until the EQUIPMENT is returned to LESSOR. LESSEE agrees, on its own behalf and on behalf of its heirs, executors, personal representatives, administrators, and assigns, to (1) release and forever discharge LESSOR and LESSOR's heirs, executors, personal representatives, administrators, and assigns, from any and all liabilities, claims, loss, damages, actions, costs and/or expenses of any nature whatsoever including, but not limited to, all attorneys' fees and fees of other professionals (“Loss”), arising out of or in any way connected with LESSEE's rental, use, operation, handling and/or transportation of the EQUIPMENT; and (2) indemnify and hold LESSOR and LESSOR's heirs, executors, personal representatives, administrators, and assigns, harmless from and against any and all Loss in connection with LESSEE's rental, use, operation, handling and/or transportation of the EQUIPMENT; any claims made by or on behalf of LESSEE relating to this AGREEMENT; and any breach, alleged breach or falsity of any representations contained in this AGREEMEMENT. LESSEE expressly agrees that this release applies to any Loss relating to the injury, disability and/or death of any person, and any property damage, caused by or incidental to LESSEE's rental, use, operation, handling and/or transportation of the EQUIPMENT.
Default: LESSEE's duties and obligations under this AGREEMENT are unconditional, and any non-performance of any such duties and obligations will be deemed a default. In addition to any other rights or remedies afforded LESSOR under the law, if LESSEE fails to make any payment when due under this AGREEMENT, fails to return the EQUIPMENT at the end of the TERM, or fails to honor any other of its duties and obligations under this AGREEMENT, LESSOR may, without notice to or demand on LESSEE, take possession of the EQUIPMENT, deduct (a) the costs of recovery and any necessary repairs from (b) any payments received from LESSEE, and hold LESSEE responsible for any deficiency.
Assignment: LESSEE shall not assign or sublet any interest in this AGREEMENT or the EQUIPMENT or permit the EQUIPMENT to be used, operated, handled or transported by any person other than LESSEE or LESSOR, without LESSOR's prior written consent.
Entire Agreement: This AGREEMENT constitutes the entire agreement between the parties and may not be modified or altered in any way except in writing signed by both parties.
Governing Law: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Utah.
Severability: If any part of this AGREEMENT is held by a court to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. If a court finds any provision of this AGREEMENT to be invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be so limited.
Waiver: The failure of either party to enforce any provision of this AGREEMENT shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this AGREEMENT.
Dispute Resolution: If any dispute arises from or relating to this AGREEMENT, the parties agree to attempt to resolve such dispute through friendly negotiations between them. If such attempts are not successful in resolving the dispute, then the parties agree to submit the dispute to resolution through mediation in accordance with the Utah Uniform Mediation Act (Title 78B, Chapter 10, Utah Code Annotated). If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution as provided by law.
IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the date indicated below.