MASTER EQUIPMENT
RENTAL AGREEMENT
TERMS &
CONDITIONS
Please Read Carefully. You Are
100% Liable For Our Equipment
From Time It Leaves Our Facility Until The Time
It Is Returned
To Us And We Sign For It:
1. Indemnity. Lessee/Renter (“You”) agree to
defend, indemnify, and hold JGS Media Service (“JGS”), our agents, employees,
assignees, suppliers, sub-lessors and sub-renters (“Us” or “We”) harmless from
and against any and all claims, actions, causes of action, demands, rights,
damages of any kind, costs, loss of profit, expenses and compensation
whatsoever including court costs and attorneys’ fees (“Claims”), in any way
arising from, or in connection with the Equipment rented/leased under this
Agreement (“Equipment”), including, without limitation, as a result of its use,
maintenance, or possession, irrespective of the cause of the Claim, except in
the case of our sole negligence or willful act, from the time the Equipment
leaves our place of business when you rent it until the Equipment is returned
to us during normal business hours and we sign a written
receipt for it.
2. Rental Period. The first rental day of the
contract begins on the date listed on your rental invoice, signed by you or
your agent as “Pick Up”. The last rental day is the day prior to the date on
which the equipment is returned, if the equipment is returned before 10:00 AM.
Equipment returned after 10:00 AM is subject to an additional day’s rental
charge. The amount of the daily rental charges are set forth on your attached
rental invoice. Weekly rates are extended to reflect a one-week charge, and are
used for budgetary purposes only. The actual number of weeks charged will be
for the number of weeks the equipment is in the Lessee’s possession. This
period terminates not on the “Return” date indicated on your rental invoice,
but rather on the date of the equipment’s physical return to us, indicated by
“Date In & Time In” on rental invoice.
3. Loss of or Damage
to Equipment. You
are responsible for loss, damage or destruction of the Equipment, including but
not limited to losses while in transit, while loading and unloading, while at
any and all locations, while in storage and while on your premises, except that
you are not responsible for damage to or loss of the Equipment caused by our sole
negligence or willful misconduct.
4. Shipments. If the equipment is shipped, no
Lessee signature will be on the rental invoice. The Lessee enters into this
contractual arrangement by virtue of the Lessee’s written request for said
shipment. The Lessee assumes possession of the equipment and all risk and
expense for any shipment once the equipment has been consigned to a carrier, or
carrier’s agent. If not specified by the Lessee, the Lessor will determine
which carrier to use. The Lessor is not liable in any way for the loss, damage,
delay, or costs arising from the shipment.
5. Return of
Equipment. The
acceptance of the return of leased equipment is not a waiver of claims the
Lessor may have against the Lessee, nor is it a waiver of claims for latent or
patent damage to the leased equipment.
6. Protection of
Others. You will
take reasonable precautions in regard to the use of the Equipment to protect
all persons and property from injury or damage. The Equipment shall be used
only by your employees or agents qualified to use the Equipment.
7. Equipment in
Working Order. We
have tested the Equipment in accordance with reasonable industry standards and
found it to be in working order immediately prior to the inception of this
Agreement, and to the extent you have disclosed to us all of the intended uses
of the Equipment, it is fit for its intended purpose. Other than what is set
forth herein, you acknowledge that the Equipment is rented/leased without
warranty, or guarantee, except as required by law or otherwise agreed upon by
the parties at the inception of this Agreement.
8. INSURANCE. By signing this Agreement you are
guaranteeing that you have sufficient Property Insurance to cover the
replacement cost of the Equipment should loss, damage or any kind of fraudulent
scheme or theft occur. You also guarantee that you have sufficient Workers
Compensation and General Employer’s Liability Insurance to sufficiently cover
and defend, indemnify, and hold JGS Media Service (“JGS”), our agents,
employees, assignees, suppliers, sub-lessors and sub-renters (“Us” or “We”)
harmless from and against any and all claims, actions, causes of action,
demands, rights, damages of any kind, costs, loss of profit, expenses and
compensation whatsoever including court costs and attorneys’ fees (“Claims”),
in any way arising from, or in connection with the Equipment rented/leased
under this Agreement (“Equipment”). JGS reserves the right to request proof
of said insurances.
9. Compliance With
Law and Regulations.
You agree to comply with the laws of all states in which the Equipment is
transported and/or used as well as all federal and local laws, regulations, and
ordinances pertaining to the transportation and use of such Equipment. Without
limiting the generality of the foregoing and by way of example, you shall at
all times (i) display all necessary and proper placards; obtain all necessary
permits; and (iii) keep all required logs and records. You shall indemnify and
hold us harmless from and against any and all fines, levies, penalties, taxes
and seizures by any governmental authority in connection with or as a result of
your possession or use of the Equipment including, without limitation, the full
replacement value of the Equipment in the event of seizure or impound,
including our reasonable costs and attorneys fees.
10. Valuation of
Loss/Our Liability is Limited. Unless otherwise agreed in writing, you shall be
responsible to us for the replacement cost value or repair cost of the
Equipment (if the Equipment can be restored, by repair, to its pre-loss
condition) whichever is less. If there is a reason to believe a theft has
occurred, you shall file a police report. Loss of use shall be determined by
the actual loss sustained by us. Accrued rental charges shall not be applied against
the purchase price or cost of repair of the lost, stolen or damaged Equipment.
In the event of loss for which we are responsible, our liability will be
limited to the contract price and WE WILL, IN NO EVENT, BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES.
11. Subrogation. You hereby agree that we shall be
subrogated to any recovery rights you may have for damage to the Equipment.
12. Bailment. This agreement constitutes an
Agreement or bailment of the Equipment and is not a sale or the creation of a
security interest. You will not have, or at any time acquire, any right, title,
or interest in the Equipment, except the right to possession and use as
provided for in this Agreement. We will at all time be the sole owner of the
Equipment.
13. Condition of
Equipment. You
assume all obligation and liability with respect to the possession of
Equipment, and for its use, condition and storage during the term of this
Agreement except as otherwise set forth herein. You will, at your own expense,
maintain the Equipment in good mechanical condition and running order. The rent
on any of the Equipment will not be prorated or abated while the Equipment is
being serviced or repaired for any reason for which you are liable.
We will not be under any
liability or obligation in any manner to provide service,
maintenance, repairs, or
parts for the Equipment, except as otherwise specially agreed or as may be
within the course and scope of employment by you. All installations,
replacements, and substitutions of parts or accessories with respect to any of
the Equipment will become part of the Equipment and will be owned by us.
14. Identity. We will have the right to place
and maintain on the exterior or interior of each piece of property covered by
this Agreement the following inscription: Property of JGS. You will not remove,
obscure, or deface the inscription or permit any other person to do so.
15. Expenses. You will be responsible for all
expenses, including but not limited to fuel, lubricants, and all other charges
in connection with the operation of the Equipment.
16. Accident Reports. If any of the Equipment is
damaged, lost stolen, or destroyed, or if any person is injured or dies, or if
any property is damaged as a result of its use, maintenance, or possession, you
will promptly notify us of the occurrence, and will file all necessary accident
reports, including those required by law and those required applicable
insurers. You, your employees, and agents will cooperate fully with us and all
insurers providing insurance under this Agreement in the investigation and
defense of any claims. You will promptly deliver to us any documents served or
delivered to you, your employees, or your agents in connection with any claim
or proceeding at law or in equity begun or threatened against you, us, or both
of us.
17. Default - If you fail to pay any portion of
the total fees payable hereunder or allow the necessary insurance to lapse, you
otherwise materially breach this Agreement, then such failure or breach shall
constitute a default (“Default”). Upon the occurrence of any such Default, and
in addition to all other rights and remedies available at law or in equity, we
shall have the right, at our option, to terminate this Agreement and repossess
the equipment without prior notice to the Lessee. You agree that the
continuation of our performance hereunder after a Default shall not constitute
a waiver or operate as any form of estoppels with respect to our later
assertion of its right to cease such performance at any time so long as such
Default has not been cured.
18. Return. Upon the expiration date of this
Agreement with respect to any or all Equipment, you will return the property to
us, together with all accessories, free
from all damage and in
the same condition and appearance as when received by you.
19. Additional
Equipment.
Additional Equipment may from time to time be added as the subject matter of
this entire agreement as agreed on by both parties. Any additional property
will be added in an amendment and/or a rental invoice describing the property,
the rental rate, and security deposit. All amendments must be in writing and
signed by both parties. Other than by this amendment procedure, this Agreement
may not be amended, modified, or altered in any manner except in writing signed
by both parties.
20. Entire Agreement. This Agreement and any attached
schedules, which are incorporated by reference and made an integral part of the
Agreement, constitute the entire agreement between the parties. No agreements,
representations, or warranties other than those specifically set forth in this
Agreement or in the attached schedules will be binding on any of the parties
unless set forth in writing and signed by both parties.
21. Applicable Law. This Agreement will be deemed to be
executed and delivered in Pinellas County, Florida and governed by the laws of
the State of Florida. The prevailing party in any litigation arising out of
this Agreement shall be entitled to an award of reasonable attorneys fees and
costs in addition to any other relief granted.
22. Severability. If any provision of this Agreement
or the application of any of its provisions to any party or circumstance is
held invalid or unenforceable, the remainder of this Agreement, and the
application of those provisions to the other parties or circumstances, will
remain valid and in full force and effect.
23. Facsimile
Signature. This
Agreement may be executed by facsimile signature and such signature shall be
deemed a valid and binding original signature.
I/WE AGREE TO THE ABOVE TERMS AND
CONDITIONS.
AUTHORIZED REPRESENTATIVE OF
LESSES/RENTER:
____________________________________
DATE:__________________
________________________________________________________
PLEASE PRINT YOUR NAME SIGNATURE
AUTHORIZED REPRESENTATIVE OF LESSOR:
____________________________________
DATE:__________________
________________________________________________________
PLEASE PRINT YOUR NAME SIGNATURE
PLEASE ATTACH A PHOTOCOPY OF YOUR DRIVER’S
LICENSE.
