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Emergency Rental Contract - Service One Access, Inc. - Lift Truck Rental for MPAC
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Emergency Rental Contract - Service One Access, Inc. - Lift Truck Rental for MPAC
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4/2/2025 8:46:19 AM
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10/10/2018 3:01:18 PM
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Board of Public Works
Document Type
Contracts
Document Date
10/9/2018
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15. Title to all the equipment shall remain at all times in the Company's name. If the equipment is levied upon by reason <br />of Execution, Garnishment or Attachment or for any reason, the Company may retake the equipment with or without <br />legal process, <br />16. Equipment damaged beyond repair, will be paid for at Its replacement cost to the Company. The cost of repairs will <br />be borne by the Customer, whether performed by the Company, or, at the Company's option, by others. <br />17. The parties agree that the Company makes no Warranties, express or implied. THE COMPANY SPECIFICALLY <br />DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE <br />OR USE. <br />18. THE CUSTOMER ACCEPTS FULL AND COMPLETE RESPONSIBILITY FOR ALL INJURIES TO PERSONS AND <br />PROPERTY (INCLUDING ANY INJURY TO THE CUSTOMER'S EMPLOYEES) ARISING OUT OF THE <br />MAINTENANCE, USE OR TRANSPORTATION OF THE EQUIPMENT BY THE CUSTOMER OR OTHERS FROM <br />THE TIME THE CUSTOMER TAKES POSSESSION THEREOF, UNTIL THE EQUIPMENT IS RETURNED TO AND <br />ACCEPTED BY THE COMPANY, THE CUSTOMER HEREBY ALSO AGREES TO INDEMNIFY AND SAVE THE <br />COMPANY HARMLESS FROM ANY AND ALL CLAIMS, SUITS AND LIABILITY OF ANY EVERY NATURE <br />WHATSOEVER (INCLUDING ANY LIABILITY TO, OR CLAIM OR SUIT ASSERTED BY, ANY EMPLOYEE OF THE <br />CUSTOMER) ARISING OUT OF THE MAINTENANCE, USE OR TRANSPORTATION OF THE EQUIPMENT <br />BEFORE IT IS RETURNED TO AND ACCEPTED BY THE COMPANY. The Company is not responsible for damage <br />to flooring. It is recommended that the customer takes precautions at all times to avoid potential problems by <br />protecting all flooring with plywood or plastic tarps, outrigger pads, etc. <br />19. No Term or Condition of the Agreement may be Waived or Modified as to the Customer except by a written instrument <br />signed by the Company's authorized representative or by an appropriate written Agreement executed by an officer of <br />the Company. <br />20. The provisions of this Agreement shall be severable so that the invalidity, Unenforceability or Waiver of any one or <br />more provisions shall not affect the remaining provisions. <br />21. The Company reserves the right to replace (exchange) the equipment delivered to the Customer with similar or <br />superior equipment, <br />22. This Agreement constitutes the entire Agreement between the Customer and the Company. The Customer <br />acknowledges that the Company has made no representation, or oral or written, other than those Included in this <br />Agreement. <br />23. THE CUSTOMER agrees to visually inspect and maintain the battery and oil fluid levels daily. <br />24. THE CUSTOMER agrees to provide a certificate of Insurance to the Company naming Service One Access, Inc. as <br />additional insured, and loss payee in regards to the equipment. <br />25. The Customer acknowledges that it has special skill and knowledge In the selection and use of the equipment and <br />material to be purchased or rented from the Company and expressly disclaims any reliance upon any statements or <br />representations made or to be made by the Company regarding the sale or rental of any parts or equipment. The <br />Customer also waives any liability upon the Company for any direct, special, or consequential damage that Customer <br />may suffer. <br />26. The undersigned hereby represents that he has read this Agreement in full (including the terms, which appear on <br />page one), is authorized to sign this Agreement on behalf of the Customer and hereby accepts the terms of this <br />Rental Agreement. <br />N kjjd a 1Z i L*V-D2f3ra <br />Customer's Signa re Nicholas Rehn-DeBraal — Service One Access, Inc. <br />CfT <br />t7AEp— I August 31, 2018 T <br />Pn t Name Date <br />p 31 <br />Date <br />SERVICE ONE ACCESS, INC. <br />
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