Charges will apply after the initial agreement if any of the following occur:
• Equipment is not returned clean and full of fuel
• Customer smokes in equipment
• Damages are incurred to equipment while in customers possession
• Equipment is not returned to Legend Equipment by agreed upon date and time
• Legend Equipment is not able to pick up equipment at agreed upon date and time due to customer use or delay
• Equipment operating hours exceed the limit rented for, as follows:
o 4 Hour Rental = 4 operating hours
o Day Rental = 8 operating hours
o Week Rental = 48 operating hours
o Month Rental = 192 operating hours
DISCLAIMER OF WARRANTIES: Customer agrees that the Equipment is of the size, design, capacity, and manufacture selected by Customer. Whether the Equipment is rented by Customer, or purchased by Customer, LEGEND EQUIPMENT RENTAL & SUPPLY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; THE DESIGN OR CONDITION OF THE EQUIPMENT; THE QUALITY OR CAPACITY OF THE EQUIPMENT; THE WORKMANSHIP IN THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION, OR CONTRACT PERTAINING THERETO; OR LATENT DEFECTS.
TERMS AND CONDITIONS
In addition to those terms set forth on the front of this Contract, in consideration of Legend Equipment Rental & Supply leasing the equipment, tool, or other property, including any accessories and/or attachments (collectively "Equipment"), to Customer, Customer acknowledges and agrees as follows:
1. Customer has solely determined that the Equipment is suitable for Customer's needs, and that it has not relied upon Legend Equipment Rental & Supply in selecting the Equipment to be leased. The Customer further agrees that the Customer will inspect the Equipment prior to receipt and shall further inspect the Equipment upon arrival at the Job Address prior to any use. Customer shall continue to inspect the Equipment at least daily throughout the rental term. Unless Customer provides Legend Equipment Rental & Supply with prior written notice specifying any defect in, or other objection to, the Equipment, Customer agrees that it shall be conclusively presumed that Customer has fully inspected the Equipment, has acknowledged that it is in good condition and repair, and is satisfied with the condition of the Equipment. Title to the Equipment rented hereunder shall always remain with Legend Equipment Rental & Supply and Customer shall have no right, title, or interest therein except as set forth in this Contract. Customer agrees that if Customer fails to timely pay any rental fees in full, Legend Equipment Rental & Supply may, at its sole discretion, convert the rental charges to a daily rate. Further, Customer shall not be entitled to any refund once the Equipment has been in Customer's possession more than 30 minutes.
2. Customer shall maintain and use the Equipment in a safe and proper manner; shall not misuse the Equipment and shall use the Equipment only for the purpose(s) for which it was manufactured and intended; shall comply with all applicable laws, ordinances, rules, and regulations, including, but not limited to, the Occupational Safety and Health Act (OSHA) and any applicable State regulations; shall not use or allow anyone else to use the Equipment for an illegal purpose: and shall not allow any person to operate the Equipment who is not qualified to do so. Customer further agrees that it shall not make any alteration to the Equipment, including, but not limited to, removing or defacing any safety placards and/or warning labels on the Equipment. Customer agrees that this Contract is between Legend Equipment Rental & Supply and Customer alone; that the Equipment Shall be used exclusively by Customer or its employees and may not be subleased or assigned to any other person or entity: and that the Equipment shall be used only at the Job Address.
3. If the Equipment is involved in an accident, requires repair, or appears to be unsafe or not functioning properly, Customer shall immediately discontinue use of the Equipment and notify Legend Equipment Rental & Supply. If such is the result of normal operation, Legend Equipment Rental & Supply shall repair or replace the Equipment with similar Equipment in working order, if such replacement Equipment is available. Legend Equipment Rental & Supply has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse, or neglect. Customer's sole and exclusive remedy for any failure or defect in the Equipment shall be the termination of any rental charges accruing after the time of failure of the Equipment; however, Customer must return the Equipment to Legend Equipment Rental & Supply within 24’ hours from the time of any malfunction in order to terminate rental charges.
4. Customer agrees to return the Equipment in as good condition as when Customer took receipt, ordinary wear and tear excepted. Customer further agrees that if the Equipment is damaged by any cause whatsoever, stolen, or lost during the rental period. including during transit to or from Legend Equipment Rental & Supply. Customer shall be liable for (a) Customer's rental fees for the full rental period, (b) the cost to fully repair the Equipment, or the full replacement value of the Equipment if deemed necessary in Legend Equipment Rental & Supply's sole discretion, and (c) any loss of future rental income until the Equipment is returned to service.
5. Customer agrees that it shall return the Equipment to Legend Equipment Rental & Supply's offices on or before the "Date Due". If the Customer desires to extend the rental period beyond that identified in this Contract, Customer shall contact Legend Equipment Rental & Supply prior to the "Date Due" for the purpose of requesting to enter into a new Contract. Customer agrees that Legend Equipment Rental & Supply may report the Equipment as stolen if conditions or circumstances so suggest, or if the Equipment is not returned within 5 days of the "Date Due". Furthermore, the Customer agrees to defend, indemnify, and hold Legend Equipment Rental & Supply and its owners, employees, and agents harmless from and against any claim or liability arising from the Equipment having been reported stolen.
6. This Contract shall be governed by and construed under the laws of the State of Nebraska. Customer shall pay Legend Equipment Rental & Supply any costs and expenses, including attorney's fees, expended in enforcing the terms of this Contract.
7. IN NO EVENT SHALL LEGEND EQUIPMENT RENTAL & SUPPLY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM THIS CONTRACT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, STOPPAGE OF OTHER WORK, IMPAIRMENT OF OTHER ASSETS, OR ANY EMOTIONAL DAMAGES OR MENTAL ANGUISH. The Customer further agrees that Legend Equipment Rental & Supply's liability, regardless of the nature of the claim, shall in no event exceed the total rental charges for the Equipment.
8. Customer shall defend, indemnify, and hold Legend Equipment Rental & Supply and its owners, employees, and agents harmless from and against any and all claims, damages, losses, liabilities, demands, suits, judgments, causes of action, or legal proceedings, including attorneys' fees and other costs, which arise out of Customer's rental, use, maintenance, or operation of the Equipment, including, but not limited to, injury to or death of Customer, its employees, or other persons