TERMS AND CONDITIONS OF RENTAL
(THIS IS A CONTRACT COPY.)
THE WORDS “YOU”, “YOUR” AND “LESS”, MEANS THE PERSON WHO SIGNS THE CONTRACT (OR ARE OBLIGATED
UNDER ITS TERMS). LESSOR REFERS TO SHAUGHNESSY RENTAL SALES & SERVICE.
1. PHYSICAL CONDISTION OF RENTAL ITEM(S).
You acknowledge that prior to taking the rented item(s), you examined it, saw it in operation (if appropriate), and are aware of its condition and that is in good condition except for any defect noted on this contract. It is your responsibility to return the rented item(s) to LESSOR in the same condition, except for ordinary wear and tear.
2. USE OF THE ITEM(S)
You agree that you are satisfied with the instruction given by LSESOR in the proper and safe manner of using the item(s) or that you are so familiar and told LESSOR that you were. You further agree that the item(s) will be used only at the address designated and only for the purpose for which the item(s) were manufactured and intended. Subleasing or improper use is prohibited. You have read and understand all manuals, written operating instructions and warnings as supplied for the equipment.
3. RESPONSIBILITIES FOR USE AND DISCLAIMER OF WARRANTIES
Lessee shall defend, indemnify and hold harnless LESSOR, its employees, agents and subsidiaries, from and against all claims, liabilities, losses, damages to property or otherwise, of Lessee’s employees and agent of Lessee or Lessee subcontractor. The indemnities included in this exhibit shall include reasonable attorney fees paid by LESSOR in defending suit and actions against involving liability covered by the indemnification provisions in this paragraph. YOU AGREE THAT NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE HAVE BEEN MADE IN CONNECTION WITH THE EQUIPMENT RENTED.
4. RESPONSIBILITY FOR EQUIPMENT
From the time the item(s) is rented out until it is returned you are responsible for it. If the item(s) is lost, stolen or damaged under any circumstances while rented, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the item(s). If the item(s) is returned not clean, a cleaning charge will be imposed.
Failure to return rented property under the terms of this contact may subject the LESSEE to criminal prosecution
5. ITEM(S) FAILURE
You agree immediately to discontinue the attempt to use the rented item(s) should it at any time become unsafe or in a state of disrepair, and will immediately (one hour or less) notify LESSOR of the facts. LESSOR agrees in its discretion to make the item(s) operable within a reasonable time, or provide you with a like item(s) if available, or make a like item(s) available at another time, or adjust the rental charges. This provision does not relieve you from the obligations imposed by other paragraphs, including 4 and 6. In all events, LESSOR shall not be responsible for any injury or damage. Including consequential damage, resulting from failure or defect, of a rented item(s).
6. RETURN OF ITEM(S)
The rented item(s) is LESSOR’S property and is rented to you subject to this contract for rental charges and for the period of time noted on the reverse side, if you desire to extend the terms of this rental beyond the time and date specified on the reverse side under “Due”, you must
immediately notify LESSOR to obtain our approval, the terms for such extension and a modification of this contract (see Paragraph 9).
If this agreement has not been extended and you fail to return the item(s) when due in; LESSOR, to enforce its property ownership of the item(s) and to protect its interest under this contract, may retake the item(s) at any time and to do so LESSOR or its representatives may enter your property and you hereby waive any right of action against LESSOR for such entry and retaking. In addition, you acknowledge that the failure to return rented item(s) within the contracted time and the sale or concealment of rented item(s) are prohibited, and that such action may constitute a crime, LESSOR, in addition to any other actions we may take, may notify the authorities and take other action, including the filing of criminal complaints, subjecting you to prosecution.
7. CHARGES AND PAYMENTS
Time in money. You are responsible for rental charges from the time the item(s) is “Out” as specified on the reverse side until it is returned, and other charges hereunder. Return the item(s) promptly, clean and in good condition. You and your representatives, agent, or principal shall be responsible for and shall pay LESSOR all charges hereunder. All charges are due upon return of the item(s) and on demand. If the rental charges are charged to someone other than the LESSEE, the LESSEE, represents he or she is the agent of such party and has the right to charge this rental; the LESSEE nevertheless will remain liable for the charges and for the other obligations and responsibilities of LESSEE hereunder. If rental charges are not paid within 10 days of their due date, LESSOR at its discretion may recalculate all charges on a daily rental rate basis.
8. COLLECTION COSTS
You agree to pay attorney fees, collection fees, court costs and any other expenses incurred in collecting any charges under this agreement, in retaking the rented item(s) or otherwise in enforcing the terms of this contract.
9. MODIFICATION OF CONTRACT
This paper represents our entire contract, and there are no collateral, oral, or other agreements outstanding. None of LESSOR’S rights may be changed and no extension of the term of this contract may be made except in writing signed by LESSOR and made a party of this contract.
10. Lessee understands that section 53 in chapter 146 of the Massachusetts General Laws & Hoisting Machinery 520 CMR 6.00 states the necessity of a license for operating hoisting Machinery not run by steam. Shaughnessy Rentals has informed me that the operator of the equipment being rented on the attached contract must have a minimum of a 2A/IC Hoisting License per the Massachusetts State Law that requires excavators to notify the appropriate utility companies before excavating. This can be done by simply calling
DIG SAFE @ 1-888-DIG-SAFE