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Rental Agreement: Terms and Conditions>>
1. Trained User: Because the projects on which the Equipment may be used are often highly hazardous, Argus-Hazco requires that any person using this Equipment has received complete instructions on its proper use and limitations. By accepting the rental Equipment, the Customer warrants that everyone allowed to use the Equipment will have been fully trained in the use and limitations of the Equipment and agrees to assume all liability for any improper use.
2. Ownership and Use: Argus-Hazco agrees to rent the Equipment only to the Customer named on the Rental Agreement, and only under the terms and conditions of this Agreement. The Customer shall not assign this Agreement or remove, sublease, rent, transfer, assign, sell, alter, modify, or encumber the Equipment without Argus-Hazco's prior written consent. The Equipment shall remain the property of Argus-Hazco; any option to purchase must be agreed to in writing prior to the start of the rental period.
3. Rental Period: The Equipment is rented on a daily, weekly, or monthly basis—whichever calculation results in the lowest price to the Customer. A rental period is based on a five- (5) day “week.” There are no rental charges for Saturdays, Sundays, or Argus-Hazco- recognized holidays. The monthly rental period is based on a twenty-eight (28) day month. A rental period starts the day the equipment is received by the customer—if it is received in the morning. If the equipment is received in the afternoon, the rental period begins on the next business day. The rental period ends the day the equipment is picked up by the courier for return to the designated Argus-Hazco office. If the Equipment is picked up from any Argus-Hazco location after 3:00 p.m. (local time) or dropped off to any Argus-Hazco location before 10:00 a.m. (local time) there will be no charge for that day. However, the minimum billable rental period is one (1) day. Daily and weekly rental invoices are sent immediately after the return of the Equipment, and invoices for monthly rentals are reconciled to Argus-Hazco’s twenty-eight day billing cycle and sent in the first month and sent every twenty-eight (28) days thereafter.
4. Rent: The Customer shall pay Argus-Hazco for the use of the Equipment for the term and at the rate on the Agreement. Rental rates are not subject to adjustment due to customer’s work schedule. Customer will be billed after the rental Equipment is returned, except if rented for longer than one (1) month, when billing will occur on a monthly billing cycle. Any purchased items shipped with the rental Equipment, or separately, will be billed immediately. Unless the Customer notifies Argus-Hazco within forty-eight (48) hours after receiving the Equipment, it shall be presumed that the Equipment was delivered to the Customer in good operating condition. The Customer is responsible for maintaining the Equipment while it is in his possession and Argus-Hazco will not adjust the rents due if the Equipment is not maintained in operating condition or is not available for use due to matters beyond Argus-Hazco's control.
5. Late Charge: If any rental payment is not received when due, the Customer agrees to pay, an additional late charge of one and a half percent (1.5%) of the amount of the overdue payment per month. In addition to charging late charges, Argus-Hazco has the right to terminate the Agreement, take immediate possession of the Equipment, and recover from the Customer all amounts due including Argus-Hazco's costs for collection.
6. Recalibration and Maintenance Fees: The Customer shall pay costs for recalibration, maintenance, and restoration if the Equipment requires work beyond normal wear and tear. Argus-Hazco will be the sole judge additional charges can include decontamination, repair, replacing missing parts and manuals, etc.
7. Security Deposit: Argus-Hazco may require a security deposit in addition to rental payments. Upon return of the Equipment, the balance of the security deposit will be returned after deducting any amounts owed for cleaning, recalibration, decontamination, maintenance, replacement parts or manuals or transportation.
8. Taxes: Customer will pay all taxes and governmental charges, including interest and penalties on such charges, which may be levied and/or assessed on this rental transaction, the Equipment, or its use.
9. Operation: Argus-Hazco supplies a copy of the manufacturer’s manual with all rental equipment. Customer agrees to comply with all operating and maintenance instructions and recommendations provided by this manual, including any additional instructions specified by Argus-Hazco. Customer will comply at his own expense with all applicable laws governing the operation and use of the Equipment, including any applicable motor- vehicle laws.
10. Insurance: Customer agrees to protect Argus-Hazco against any and all loss or damage to the Equipment and/or Argus-Hazco during the term of this Rental Agreement. If requested, the Customer shall insure the full cost of the Equipment against losses and liability, and provide evidence of such insurance in the Argus-Hazco name. Customer shall continue to pay the rental fees until the Equipment has been repaired or the replacement cost has been paid for any items, parts or non-expendable materials that are lost, stolen, destroyed, damaged, contaminated beyond repair or not returned.
11. Delivery, Maintenance and Return: Unless Argus-Hazco agrees to a different address, F.O.B. point for freight charges is the Argus-Hazco address on the Rental Agreement. Customer shall not make upgrades, install engineering changes and perform non-routine maintenance, adjustments or repairs without the express written consent of Argus-Hazco. Argus-Hazco or its agent may inspect the Equipment at any time. Customer shall be responsible for cleaning and decontaminating all Equipment in accordance with all established requirements and in compliance with all federal, state or local laws, rules, regulations or safety codes, including but limited to OSHA and RCRA. At the end of the rental period, the cleaned and decontaminated Equipment shall be returned to Argus-Hazco in good operating condition (normal wear and tear accepted) at Customer's cost. Argus-Hazco shall be the sole judge of any repairs and maintenance necessary to repair or place the Equipment in good operating condition, the cost of which Customer agrees to pay.
12. Default: Default can occur and Argus-Hazco may immediately declare all rentals due and payable if:
a. Customer fails to use and operate the Equipment in a prudent, safe and proper manner to avoid abuse and abnormal wear and tear
b. Customer neglects or refuses to comply with the operating standards specified by the manufacturer or Argus-Hazco
c. Customer refuses to pay Argus-Hazco for any damage to the Equipment (other than ordinary wear and tear) resulting from proper use and operation
d. Customer fails to make a rental payment when due
e. Customer becomes insolvent or makes an assignment for the benefit of creditors or files a Petition in Bankruptcy or if a receiver is appointed for the Customer's business
f. Customer fails to comply with any of the other terms or conditions of this Rental Agreement
In the event of default, Argus-Hazco may without notice or demand: (1) Declare all rentals to be immediately due and payable; (2) Terminate the Rental Agreement and the Customer's right to possess and use the Equipment; (3) Enter the premises and repossess the Equipment; (4) Sue for all rentals due and all costs and expenses incident to repossession; and (5) Pursue any other remedy permitted by law. Customer agrees to pay for all collection costs incurred by Argus-Hazco.
13. Acceptance, Limitation of Liability, Disclaimer, Assignment of Warranties: Customer agrees that he has selected Equipment and accessories suitable for his intended use and, therefore, he unconditionally accepts equipment. The Customer is solely responsible for the collection of appropriate information and data, calibration, accuracy of measurements, documentation of methods used and conditions under which data is collected, retention of collected data and any other calculation, interpretation, use and application of results.
14. Disclaimer of Tort Liability: CUSTOMER SPECIFICALLY UNDERSTANDS AND AGREES THAT ARGUS-HAZCO SHALL NOT BE LIABLE TO THE CUSTOMER IN TORT-WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF TORT LIABILITY FOR ANY ACT OR OMISSION IN RESPECT TO THE PREPARATION FOR RENTAL, DELIVERY, SERVICING, OR MAINTENANCE FOR ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ARGUS-HAZCO OR THE EQUIPMENT, BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, AND FOR ANY ALLEGED NEGLIGENCE OR CONDITION, CAUSED OR CREATED IN WHOLE OR IN PART BY ARGUS-HAZCO. IT IS THE INTENT OF THE CUSTOMER AND ARGUS-HAZCO AND THE INTENT OF THIS PROVISION TO ABSOLVE AND PROTECT ARGUS-HAZCO AND ARGUS-HAZCO'S OFFICERS, AGENTS, SHAREHOLDERS AND EMPLOYEES FROM ANY AND ALL TORT LIABILITY OF WHATSOEVER KIND OR NATURE.
15. Disclaimer of Warranties: ARGUS-HAZCO MAKES NO WARRANTIES WHATSOEVER IN RESPECT TO THE EQUIPMENT RENTED HEREIN, AND CUSTOMER HEREBY EXPRESSLY WAIVES ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE DESIGN, QUALITY OR CONDITION OF THE EQUIPMENT OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES EXPRESSED, IMPLIED, AND STATUTORY, OR AS TO ANY OTHER MATTER RELATING TO THE EQUIPMENT OR ANY PART THEREOF. CUSTOMER CONFIRMS THAT IT HAS SELECTED THE EQUIPMENT AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY ARGUS-HAZCO, AND CUSTOMER ACKNOWLEDGES THAT ARGUS-HAZCO IS NOT A MANUFACTURER, VENDOR OR CONSULTANT OF ANY PART OF THE ARGUS-HAZCO EQUIPMENT.
16. Exclusive Remedy: CUSTOMER SPECIFICALLY UNDERSTANDS AND AGREES THAT CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY, TORTIOUS CONDUCT, OR ANY OTHER CAUSE OF ACTION AGAINST ARGUS-HAZCO OR ARGUS-HAZCO'S OFFICERS, AGENTS, OR EMPLOYEES, IF ANY, SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE EQUIPMENT OR ANY DEFECTIVE PARTS AT ARGUS-HAZCO'S DISCRETION AND AT ARGUS-HAZCO'S REGULAR PLACE OF BUSINESS OR AT SUCH OTHER PLACE OF BUSINESS DESIGNATED BY ARGUS-HAZCO DURING NORMAL WORKING HOURS. CUSTOMER SHALL DELIVER THE EQUIPMENT TO SUCH PLACE DESIGNATED BY ARGUS-HAZCO AND ARGUS-HAZCO SHALL RETURN THE EQUIPMENT TO CUSTOMER'S OWN PLACE OF BUSINESS AND THE COSTS OF SUCH DELIVERY AND SUCH RETURN SHALL BE BORNE BY THE CUSTOMER. CUSTOMER SPECIFICALLY UNDERSTANDS AND AGREES THAT NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY CAUSE WHATSOEVER OR INJURY TO PERSONS OR PROPERTY OR ANY OTHER CONSEQUENTIAL, ECONOMIC, SPECIAL OR INCIDENTAL LOSS) SHALL BE AVAILABLE TO CUSTOMER.
17. Indemnification of Argus-Hazco: Customer shall indemnify, hold harmless and defend Argus-Hazco from any and all claims, actions and damages, including attorney's fees, arising out of the Equipment and its use, rental, possession, operation, condition, purchase, maintenance and return, including without limitation, any such claims in tort, whether based on negligence, strict liability or any other theory of liability, including any claims arising out of alleged negligence or conditions caused or created in whole or in part by Argus-Hazco, which obligations shall survive termination of this Agreement.
18. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Michigan.
19. Entire Agreement: These terms constitute the entire Agreement between Argus-Hazco and Customer with respect to the Equipment, and it shall not be amended except in writing signed by both parties.