THIS EQUIPMENT LEASE AGREEMENT (“Lease”) is made and effective by completing the rental & payment process, by and between Rexburg Outdoor Rentals (“Lessor”) and current user (“Lessee”). By completing an order and submitting payment, Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By completing an order and submitting payment, Lessee indicates acceptance of the modified Terms and Conditions. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
Disclaimer – Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
Lease – Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown above in the “Contents” area during checkout.
Lessee agrees to inspect Equipment upon receipt and notify Lessor of any missing, incorrect, or damaged Equipment or accessories at the time of receipt. If notification is not made at the time of receipt, it is assumed that the rental Equipment and accessories are correct and/or acceptable to the Lessee and therefore Lessor is not responsible for any refund, correction, or replacement.
Rental Period - Lessee hereby rents from the Lessor (Rexburg Outdoor Rentals) the Equipment for the Term and agree to pay Rexburg Outdoor Rentals for all Time Out. Except only as expressly set forth in the Agreement. Lessor (Rexburg Outdoor Rentals) charges rent for all Time Out, including Saturdays, Sundays, and Holidays.
Rent - In addition to the amounts coming due under any other provision(s) of this contract, Lessee agrees to pay Rexburg Outdoor Rentals the rent specified in your invoice, without reduction or setoff, for the periods commencing upon the Time Out and continuing without interruption until the Actual Time in.
Credit Card Authorization - Subject to such limitations as may be set forth in applicable law, Lessor irrevocably and unconditionally authorize Lessee to immediately submit for payment on the credit card provided Lessor all estimated charges coming due under this Agreement, and agree to indemnify, defend, and hold harmless Rexburg Outdoor Rentals with respect to the same.
Late Returns – If Lessee fails to return any Equipment when it is Due in, Lessee will continue to pay Rexburg Outdoor Rentals rent on the basis of 1 and ½ the daily rental fee per additional day out, for all additional time elapsed (a “Late Period”) until the equipment is returned to, and accepted by, Rexburg Outdoor Rentals. Any penalties will be charged to the Lessee’s form of payment on file with Lessor. Late returns are determined based on the rental period specified in the rental invoice. Any Equipment not returned within 7 days following Lessee rental dates duration will be deemed lost and in addition to Late Fees, Lessee will be charged full Equipment replacement fees. If Lessee subsequently returns equipment within 14 days of the end date, the Lessor will refund the full replacement value charge less late fees. Lessor reserves the right to refuse returns and refunds after 14 days.
Warranty Waiver - The Equipment is provided “as-is” and “with all faults”. We make no warranty, express or implied (including without limitation, any and all warranties of suitability, merchantability and/or fitness for any particular purpose), nor do we make any warranty against interference, infringement, that the Equipment is fit for your intended use, application, or environment, or that it is free from defects (latent or patent). No warranties shall be deemed to exist with respect to the equipment. Your sole remedy for any failure of or defect in or with respect to any of the Equipment is termination of the accrual of rental charges at the time of failure.
Use – Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment. Lessee will read and abide by all included instructions and notices, including testing, proper use, etc. Any loss or damage incurred while using in a manner that does not follow the preceding will be the responsibility of the Lessee.
Hold Harmless/Indemnity - Lessee assumes all risks associated with the possession, use, transportation, and storage of the Equipment. Accordingly, Lessee hereby waives any and all liens and claims arising from or associated with, and agree to indemnify, defend and hold harmless Rexburg Outdoor Rentals from and against, any and all liabilities, claims, damages, losses, costs and expenses (including without limitation, attorney’s fees, claims for bodily injury(ies) (including deaths), property damage, loss of time/and or inconvenience) resulting from or arising in connection with such possession, use, transportation and/or storage, regardless of the cause and including any injuries and/or damages suffered by Lessee, employees and/or any third party(ies), except to the extent directly resulting from Lessor intentional misconduct.
Assumption of Risk - Lessee acknowledges that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. Lessee voluntarily assumes all such risk and release and discharges Rexburg Outdoor Rentals and the Equipment from any and all liens, liabilities, and claims arising in connection with the same, including without limitation, any and all claims arising from or in connection with Lessor negligence (other than intentional misconduct).
Cancellation by Lessor – Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs, and will refund all payments made by Lessee.
Cancellation by Lessee – Lessee may cancel at any time.
Ownership – The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment, if applicable.
Return of Equipment - Lessee agrees to ensure that, upon return, the Equipment will be clean, free of all regulated or hazardous substances (including without limitations, substances identified as “hazardous materials” under the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA) and/or any other federal, state or local laws, rules and/or regulations purporting to deal with toxic or hazardous substances), rental-ready, and otherwise is substantially the same order condition and repair as at the Time Out, “Ordinary Wear and Tear”. Lessee agrees to pay a reasonable charge for Equipment returned in any other condition.
Ordinary Wear and Tear - “Ordinary Wear and Tear,” meaning normal deterioration resulting from the proper and intended use of the Equipment in accordance with the terms of this Agreement, will not be considered damage. Damage which is not “Ordinary Wear and Tear” (and for which the Lessee will be solely responsible) includes without limitation, theft, disappearance, damage due to overloading or exceeding rated capacities, non-standard use, operation without proper supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents, and intentional damage.
Damaged or Modified Equipment – Lessee shall keep the Equipment in good repair and condition. Lessee shall not materially modify or alter the Equipment. In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition. Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause. Unless pre-existing damage is reported to Lessor at the time Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease. In the event of damage, Lessor shall choose the repair method and venue, within reason. If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable. Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor. Lessee’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
Loss of Equipment – Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease. In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
Unreturned Equipment – If the Equipment is not returned within 7 days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment. Lessor shall charge Lessee’s form of payment the amount owed for replacement of the unreturned Equipment. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
Default – In the event of default, all amounts owed by Lessee to Lessor are immediately due. In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees. Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
Liability – Lessor does not assume, and the customer indemnifies Lessor against any liability or claims resulting from use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment.
Severability and Governing Laws – This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the State of Idaho.
Specific Proposal Terms – Any terms listed on a formal proposal supersede relevant terms indicated above (deposits, cancellations, late fees, etc.).