THIS IS A LEASE OF PERSONAL PROPERTY. TITLE REMAINS IN LESSOR. FAILURE TO RETURN RENTAL EQUIPMENT ON DEMAND OR AS AGREED CONSTITUTES AN ACT OF THEFT AND MAY PROSECUTED UNDER NORTH DAKOTA STATURES WHETHER OR NOT RENTAL EQUIPMENT IS RECOVERED.

CONDITIONS UNDER WHICH TOOLS AND OTHER EQUIPMENT ARE RENTED

• All tools and other equipment are used at the lessee’s risk. Conditions which prevent satisfactory operation of equipment do not relieve the lessee of his responsibility for the rental charges.
• Lessee assumes all responsibility for equipment while out of possession of the lessor and promises to return such equipment to the lessor in as good condition as it was the effective date of the lease, natural wear from a responsible use excepted. Lesse shall be liable for any loss, theft, damage or destruction of leased property.
• All equipment lost or damaged beyond repair will be paid for by the lessee at the regular replacement price and all damaged equipment which may be repaired will be repaired by the lessor on return thereof and the cost for such repairs shall be paid for by the lessee. Accrued rental charges cannot be applied against the purchase price or cost of repairs of such damaged or lost equipment. All charges must be borne by lessee.
• Scheduled rental rates begin when equipment leaves our store and continue until returned thereto. A cleaning charge will be made on items returned unclean.

THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HERE OF.

RENTALS ARE CASH IN ADVANCE:

I agree that all charges for rental, damage, cleaning or material will be paid and that all collection fees, attorney fees, court costs, or any expense involved in the collection of these charges will be borne by me in the court of county in which indebtedness incurred.

LIABILITY AND INDEMNIFICATION:

Lessee covenants and agrees to indemnify and hold the Lessor harmless and free from all personal injury or property claims, demands, liability, and damages, including attorney’s fees and costs, arising out of the possession, use operation, handling, maintenance and/or delivery of said equipment whether said claims, liability or damage is brought or suffered be Lessee or by third parties.

 Lessee also agrees to pay Lessor in full for all damage caused to, or suffered by, said equipment, regardless of cause, ordinary wear and tear excepted, from time of departure from Lessor’s warehouse to time of return to lessor’s warehouse.

 Lessee expressly agrees that Lessor’s statement of charges in connection with any loss or damage caused to or suffered by said equipment while Lessee’s possession shall be accepted as reasonable and correct by Lessee and be paid by Lessee forthwith.

 In case of loss or destruction of said rental equipment, or loss of possession thereof, or inability to return same to Lessor, the Lessee agrees to pay Lessor the complete and full replacement value of said equipment as stipulated herein.

WAIVER OF DEFECTS / NO WARRANTIES / LIMITATION OF REMEDIES:

Lessee acknowledges said equipment to be in good, safe and serviceable condition and fit for its intended uses. If applicable, in addition, Lessee declares that Lessee has examined the hitch, safety chain, and/or other applicable connections of said rental equipment to Lessee’s motor vehicle and to have received same in a safe and secure condition fit for intended use.

Lessor makes no representation or warranties, except as expressly stated in this rental agreement, and the rental equipment is leased in an “as is” condition.

 Lessor makes no warranty, express or implied to anyone as to the fitness for particular purpose, merchantability, design, condition, capacity performance, or any other aspect of the rental equipment or its material ow workmanship.

Lessor further disclaims any liability for loss, damage, or injury to lessee or third parties because of any defects, latent or otherwise, in the rental equipment, whether arising from Lessor’s negligence or application of the laws of strict liability.

 Lessor shall have no obligation to install, maintain, erect, test, adjust, or service the rental equipment. Lessor shall not be liable for special, incidental, or consequential damages.

CONDITIONS UNDER WHICH TOOLS AND OTHER EQUIPMENT ARE RENTED

      ALL TOOLS AND OTHER EQUIPMENT ARE USED AT LESSEE’S RISK. Conditions which prevent satisfactory operation of equipment do not relieve the lessee of his responsibility for the rental charges.

      Lessee assumes all responsibility for equipment while out of possession of Lessor and promises to return such equipment to the lessor in as good condition as it was at the effective date of the lease, natural wear from a responsible use excepted. Lessee shall be liable for any loss, theft, damage or destruction of leased property.

      It is agreed that this personal property is leased to me or us by the rental service shown on the face of contract and will be used by the Lessee at the designated address for the stated period and solely for the purpose for which said equipment was manufactured and intended.

      It is further agreed that this equipment will not be removed from the address hereon listed for use at any other address without the consent of the Lessor.

      Scheduled rental rates begin when equipment leaves our store and continue until returned thereto. A cleaning charge will be made on items returned unclean. No refund or adjustment will be made due to weather conditions or any other circumstances beyond our control.

SUBLETTING NOT PERMITTED:

No item of leased equipment shall be sublet or assigned, or removed from the location at which Lessee represented it was intended to be used except by written consent of Lessor.

Less promises to return the item within five days of written notice.