Emergency Rental Contract - Service One Access, Inc. - Lift Truck Rental for MPAC

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RENTAL CONTRACT TERMS AND CONDITIONS The following terms and conditions are hereby agreed to between the Customer and Service One Access, Inc., its agents and affiliates, hereby referred to as "the Company": 1, The Customer acknowledges receipt of the equipment In good condition and agrees to return it In the same condition as received. The Customer further warrants that insurance pollcles, including workman compensation coverage for the company's employees and subcontractors, property damage and public liability coverage, sufficient to insure against any reasonably anticipated loss are in full force and effect. 2. The Customer shall not use the equipment for any unlawful purpose and shall fulfill all requirements of safety codes, local, state and. federal. The Customer agrees to and shall, instruct all users of the equipment including the Customer's employees, on the proper use of the equipment. The Customer further agrees that it will NOT allow any person to use the equipment unless that person is of suitable age, qualified and has been instructed on the proper use of the equipment as detailed in the Instruction manuals, warning labels and instructional labels. 3. The Customer agrees to notify the Company immediately in writing in case of accident or damage to the equipment or to person or property. 4. The Customer shall not permit the equipment to be removed from Its possession, and under no circumstances shall the equipment be used by any person except the Customer, a member of the Customer's immediate family, or an employee of the Customer in the course of such employee's regular and usual employment by the Customer. 5. The Customer may not sublease, assign or lend the equipment without the Company's written permission. Any purported assignment of this agreement or equipment by the Customer is void. It is understood that if, by mutual agreement equipment is re -rented, the Lessor in the transaction accordingly shall be responsible for any applicable use tax. S. If the Customer falls to perform the terms of this contract, the Company may terminate this contract and take possession of and remove the equipment from wherever located. The Company and its agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment. 7. The Customer's right to possess and use the equipment terminated on the expiration of the rental period, and retention or possession after this time constitutes a material breach of this contract. Time is of the essence of this contract. Any extension must be mutually agreed to In writing. 8. If the equipment is retained without permission, the Company may elect to repossess the equipment or charge overtime at double the daily rate for each day the equipment is retained beyond the expiration date. The Customer agrees to pay the overtime charge if one is assessed. 9. Failure, refusal or neglect to return the rental equipment within 72 hours after the agreed rental period has expired, or the presenting of false, fictitious or misleading identification of the Company's agents shall be prima facie evidence of an intention to commit the crime of grand theft where the value of the equipment exceeds $200.00. 10. The Customer agrees to pay all fees, including collection and attorney's fees, and other expenses incurred by the Company in enforcing Its rights or in resolving any dispute arising under these agreement, The Customer agrees that the "reasonable attorney's fees" awarded by some courts often do not adequately reimburse the prevailing party for its attorney's fees Incurred. The Company and the Customer, therefore, agree that if either of them institutes legal action, the prevailing party shall be entitled to recover its actual attorney's fee incurred unless it would be unconscionable to award same, in which case reasonable attorney's fees are to be awarded. 11. Terms are Net 10 days, a Service Charge of 1.5% PER MONTH (ANNUAL RATE OF 18%) will be charged on all past due accounts. The Customer agrees that the Service Charge fixed by the Company Is reasonable. 12. For purposes of this Agreement a Day is defined as "8 Hours", a Week is defined as "5 consecutive days" and a Month is defined as "28 consecutive days". The rental period begins at the time of the equipment`s departure from the Company's Chicago Office rental yard and ends when the equipment is returned to and accepted by the Company. Unless otherwise noted, the Customer is responsible for any Delivery and Pick -Up Charges. Rental rates are F.O.B. the Company's Chicago Office. 13. The Company will be available to Service the equipment only during its normal business hours. 14. The Customer agrees that its exclusive remedy for any breach of this Agreement by the Company shall be a Credit for the general damages sustained by the Customer, which credit shall be applied against any Balance Due the Company under this Agreement. The Company shall have no liability to the Customer for any damages the Customer may sustain in excess of the Rental Fee due the Company under this Agreement. The Customerfurther agrees that the Company shall have no liability for lost profits or any other consequential damages that the Customer may sustain as a result of any breach of the Agreement by the Company or down time due to equipment malfunction. EXCUSE OF PERFORMANCE - Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental action, domestic or foreign, riot, civil commotion, fire and other casualty and all other causes beyond the reasonable control of Lessor shall excuse Lessor's performance for a period equal to such prevention, delay, or stoppage. Lessee hereby waives all claims against Lessor for any delay or loss of materials by reason of any shutdown, or failure of the equipment for any reason