TERMS AND CONDITIONS
In consideration of the hiring of the Equipment described without operator, by the Renter from MF Rentals upon the terms and conditions, and for the price herein specified, it is agreed as follows:
1. RENTAL AND TERM. The term begins on the date and time specified as "TAKEN OUT” and terminates on the date and time specified as "DUE IN” unless amended in writing on the reverse of this contract. Rental charges commence on delivery of Equipment to Renter and end upon return of Equipment to MF Rentals’ premises. MF Rentals may terminate Rental at any time and take possession of the Equipment. Renter agrees to pay on return of Equipment to MF Rentals’ premises, all charges and costs for the use thereof. Renter’s right to use the Equipment terminates on the expiration and due dates set forth above unless extended in writing by the MF Rentals.
2. CONDITIONS OF HIRING, INSPECTION PRIVILEGE AND WAIVER DEFECTS. Renter accepts and hires the Equipment on an "as is” basis. Renter, having fully inspected the Equipment, acknowledges receipt of all the Equipment in good working condition and repair and declares that Renter fully understands its proper operation and use. Renter acknowledges and declares that Renter has examined the Equipment and all hitches, bolts, safety chains, hauling tongues, together with all the devices and materials used to connect the Equipment to Renter’s towing motor vehicle, if any, and Renter declares that he has received all of such equipment in a secure and operative condition. Renter is responsible of loading and unloading the goods, if the MF Rentals’ employees assist in loading or unloading the goods the Renter agrees to assume the risk of, and hold the MF Rentals harmless for, any property damage or personal injuries, including damage or injuries attributable to the negligence of the MF Rentals or its employees. Renter agrees to return the Equipment to MF Rentals’ premises upon the expiration and due date hereof in as good condition as when received by Renter, ordinary wear and tear excepted. "Ordinary wear and tear” shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift (eight hours per day, five day per week) basis. Renter agrees to pay immediately all charges and costs incurred.
3. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR. Renter will immediately discontinue use of the Equipment should it at any time, following the execution of this agreement or any subsequent agreement, becomes unsafe or in a state of disrepair. Furthermore, the Renter will immediately notify the MF Rentals that the Equipment is unsafe or in disrepair and until such time as MF Rentals has regained possession, the Renter agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the Rental Equipment or product.
4. COMPLIANCE WITH THE LAWS. Renter acknowledges that MF Rentals has no control over the use of the Equipment by Renter, and Renter agrees, at Renter’s sole expense, to comply with all municipal, county, state and federal laws, ordinances and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the Equipment while it is in the possession of and in use by the Renter. Renter shall not permit use by any person who is not legally qualified to use the Equipment.
5. PERMITTED AREA OF USE OF EQUIPMENT. Without MF Rentals’ written consent, Renter shall not remove the Equipment from Crook County, Deschutes County, or Jefferson County, Oregon.
6. RENTER’S LIABILITY FOR MISUSE OF EQUIPMENT. Renter shall not permit any person to operate the equipment who is not qualified to do so. "Qualified” means knowledge of the Equipment and its safe operation, experience in operation of the equipment, Renter’s reasonable expectation that the person will operate the Equipment safely and that the person operating the Equipment can do so safely. Renter shall not abuse, harm or misuse the Equipment. Renter shall not permit any repairs to be made or lien to be placed upon the Equipment without MF Rentals’ prior written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Renter’s use and hiring of said Equipment, Renter agrees to accept all responsibility therefore and shall indemnify, defend and hold the MF Rentals harmless from any claims or action arising therefrom. Renters shall furnish the MF Rentals with a complete and satisfactory report of any accident involving said Equipment, including names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of the loss or destruction of any part of the Equipment, or of loss of possession thereof, or inability to return the same to MF Rentals, on expiration and due date, for any reasons whatsoever, Renter shall pay MF Rentals the actual replacement cost thereof, and addition thereto compensation for MF Rentals’ loss of use of said equipment as determined by MF Rentals.
7. DISCLAIMER OF WARRANTIES. MF Rentals makes NO warranties, expressed or implied, as to the Equipment’s merchantability or fitness for any particular purpose. Renter’s sole remedy for any failure or defect in the Equipment shall be the termination of the rental charges at the time of failure, provided the Equipment is returned to MF Rentals within 24 hours after such failure. MF Rentals shall not be responsible for any loss, damage or injury to Renter or Renter’s property, including incidental, special or consequential damages, in any way connected with the operation, use, defect in or failure of the Equipment.
8. USE OF DEPOSIT AND LIABILITY FOR LATE PAYMENT UPON BREACH BY RENTER. Renter acknowledges that the purpose and intent of the deposit paid by the Renter hereunder is to secure the payment of rental charges hereunder and to guarantee the full and complete performance of each of all of the terms, covenants and agreements to be performed by Renter hereunder. MF Rentals may apply any of the deposit to unpaid amounts under this agreement with notice to the Renter. Renter agrees to pay a late payment penalty at the rate of one and one half (1.5% ) percent per month on all delinquent amounts hereunder.
9. INDEMNIFICATION OF MF RENTALS BY RENTER. Renter expressly indemnifies, defends and holds MF Rentals harmless of, from and against any and all claims, loss, costs, damages, attorney’s fees and/or liability in connection with the hiring and use of the Equipment regardless of whether a lawsuit is filed. In the event a suit is instituted by MF Rentals to recover possession of said Equipment, or to enforce any of the terms, conditions or provisions hereof, Renter agrees to pay all costs and reasonable attorney’s fees of MF Rentals incurred in connection therewith.
10. THEFT WARNING. Failure to return Equipment on the expiration and due date in certain circumstances may be considered a theft resulting in criminal prosecution.
11. TAXES. Renter agrees to pay any and all taxes, license fees, or permit fees arising out of the hiring and use of the Equipment. Renter agrees to pay said taxes as part of the fact of this contract or whether said taxes are later claimed by the government authority. In the event of a claim by any government authority for taxes arising out of this transaction. Renter agrees to pay to MF Rentals said taxes upon demand.
12. TITLE. Title to the Equipment is and shall remain in MF Rentals. If the Equipment is levied upon for any reason whatsoever, MF Rentals may retake the Equipment without notice or legal process, and may take all action reasonably necessary to do so.
13. CONSTRUCTION. The paragraph headings used herein are for convenience only and not to be used if construing the meaning or intent of any of the terms or provisions of this Rental Contract.
14. INSURANCE. Renter must provide evidence of insurance covering the Equipment to the satisfaction of MF Rentals. If Renter has insurance covering loss or damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process said claim, and Renter further agrees to assign said claim to MF Rentals and pay any and all proceeds from such insurance to MF Rentals. Upon Request to MF Rentals, Renter shall furnish name of insurance agent, insurance company and complete information concerning insurance coverage carried.
15. ATTORNEY FEES. If this agreement is placed in the hands of an attorney due to a default in the payment or performance of any of its terms by the Renter, the Renter shall pay the MF Rentals’ reasonable attorney fees and costs, even though no suit or action is filed. If an arbitration, complaint in Circuit Court, or an appeal is filed, the Renter shall pay MF Rentals’ reasonable attorney fees, costs thereon to be determined by the arbitrator, if there is an arbitration, by the trial court, if the is a case filed in court or by the appellate court, if there is an appeal.
16. ARBITRATION. If a claim is filed in court, arising directly or indirectly out of this agreement, the MF Rentals may, at the sole option of the MF Rentals, refer the dispute to mandatory arbitration as if the claim was the subject to mandatory arbitration under ORS 36.400 through ORS 36.425.
17. FUEL. If the Equipment requires fuel, MF Rentals will fill the fuel tank before the Renter takes possession. Renter will provide any additional fuel necessary of a kind and grade previously used in the Equipment and return the Equipment with a full fuel tank. If the Equipment is not returned with a full fuel tank MF Rentals will fill the tank and charge the Renter $8.00 per gallon payable immediately.
18. RETURN OF EQUIPMENT. The Equipment must be returned in a clean condition otherwise MF Rentals will clean the equipment and charge the Renter for the cleaning payable immediately. The Equipment must be placed in the actual possession of an employee of MF Rentals to be returned. If the Equipment is not placed in the actual possession of an employee of MF Rentals, the rent will continue until it is placed in an employee’s possession.