• ENTIRE AGREEMENT and MODIFICATION:
  • This rental contract represents the entire agreement between you (Hereinafter referred to as the “Customer”) and Altra Rental and Supply Inc. (Hereinafter referred to as the “Dealer”). There are no oral or other representations or agreements not included herein.
• LIMITATION of WARRANTIES:
  • There are no warranties of merchantability or fitness either express or implied. There are no warrantees which extend beyond the Description on the hereof. There is no warranty that the rented or purchased equipment is suited for your intended use or that it is free from defects. Nor are there any other warranties, either express or implied made in connection with this transaction.
• PAYMENT TERMS:
  • The customer agrees that all charges for rental shall be paid in advance and any balance, cleaning charges, damage charges shall be paid immediately upon return of equipment. If a credit agreement exists between the Customer and Dealer, the payment terms as specified in such agreement shall be governing.
• ATTORNEY FEES:
  • In the event of collection on any and/or all accounts, or if we must sue you the Customer on either a rental or a sale, we will be entitled to all costs of such collection proceeding or action, including all collection and/or attorney’s fees.
• LIMITATION OF LIABILITY FOR RENTALS OR SALES:
  • The Dealer shall not be liable hereunder for damages in excess of the purchase or rental price of the item with respect to which damages are claimed and in no event shall Dealer be liable for loss of profit or goodwill or for consequential or incidental damages.
• SEVERABILITY:
  • The provisions of this agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
• HOLD HARMLESS:
  • The Customer assumes all risks inherent in the operation and use of the Rented Equipment by you (customer) and anyone else. You (customer) agree to assume the entire responsibility for the defense of, and to pay, indemnify, and hold US harmless from, and release Us from, any and all claims for damage to property or bodily injury (including death), or for loss of time and inconvenience resulting from use, operation or possession of Rented Equipment ,whether or not it be claimed or found that such damage or injury resulted in whole or in part from Our negligence, from the defective condition of the Rented Equipment or from any cause.

RENTAL TERMS

• USE OF EQUIPMENT: You agree and covenant:
  • That the rented equipment will only be used at the address designated unless you obtain our written permission to use it elsewhere. That Rented Equipment will only be used for the proper purpose, for which it was manufactured and intended.
  • That no one other than you or your employees will use the rented equipment, except with our written permission. You agree that only the persons competent in its operation shall use the equipment and that you will be solely responsible for providing competent operators.
  • Rates-Subject to change without notice. Day rates are based on a 24hour period and 8 hours usage per day. Weekly rate based on a 40-hour week.  Monthly rate based on 160 hour month period. Additional usage will be charged according to hours used.
• TIME OF RETURN
  • The Customer agrees to return equipment during normal business hours, upon expiration of the rental period. This is a continuing rental agreement until equipment is returned.
• REPLACEMENT OF MALFUNCTIONING EQUIPMENT:
  • If the equipment becomes unsafe or in disrepair as a result of a normal use, the customer agrees to discontinue use and notify the Dealer, We will repair or replace the equipment with similar equipment in good working order, if available. We are not responsible for any incidental or consequential damages caused by delays or otherwise.
• DIRTY, DAMAGED OR LOST EQUIPMENT:
  • The customer, as an insurer, assumes the entire risk of loss, regardless of causes with respect to the rented equipment, reasonable wear & tears expected. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods.  Rented Equipment, non-returned when due or damaged beyond repair must be paid for by the customer at its list price when rented.  The customer agrees to pay a reasonable cleaning charge for equipment returned dirty.
• TIRE REPAIR OR REPLACEMENT:
  • Customer acknowledges that repair and replacement of tires are not included in the rental rate and agrees to pay for the repair or replacement of tires returned to the rental firm in a damaged condition, regardless of the cause of damage. Reasonable wear and tear expected.
• INSPECTION:
  • At all times the Dealer shall have access to the premises of the Customer wherein any of the equipment is located to inspect or inventory the same or to repossess the same, with or without process.
• REPOSSESSION:
  • Upon failure to pay rent or other breach of contract, We may terminate this contract, and take possession of, and remove, the equipment from wherever it may be, and We and our agents shall not be liable for any claims for damage trespass arising out of the removal of the equipment.
• MAINTENANCE:
  • The customer shall, at his own expense, maintain the equipment in good condition and repair while it is in his possession. However, Customer shall make no repairs changes or alterations in the equipment without the written approval of the Dealer.
• CONDITION SALE:
  • We shall retain title to all items purchased by you until all sums owing hereunder are fully paid in cash.  Our security interest shall include any proceeds realized by you upon the sale of such items.  Should you in any way default hereunder, or should your financial responsibilities be deemed by us to be unsatisfactory, the entire balance owing hereunder shall, at our option, become immediately payable without notice and we may, in addition to other lawful remedies seize such items without legal process and at our option, either retain them in full satisfaction of your obligations hereunder or dispose of such items at public or private sale, retaining from the monies realized therefrom an amount sufficient to pay the balance due, plus the expense of retaking and resale and any collection fees or reasonable attorney’s fees.  Any surplus realized by us on such resale shall be returned to you but you shall also remain liable for any deficiency.