2.
Notice of Defects
Unless lessee gives lessor written notice of a defect to an item of equipment
within four hours after receipt thereof, it shall be conclusively presumed
as between lessee and lessor that the item was delivered in good repair and
that lessee accepts it as an item of equipment described in this Agreement.
3.
Terms
The billing period shall commence on the day after the lessor ships the equipment
and terminates on the day that the equipment is returned to the office of lessor.
Billing terms shall be Net 30 days with approved credit. Rentals shall be F.O.B.
Gibsonia, PA. All freight charges shall be billed to lessee's account. Airport
to airport service is available for an additional charge of $150 each way plus
freight charges ($250 on weekends or holidays).
4.
Use
Lessee shall use the equipment in a careful manner and comply with all laws
relating to its possession, use or maintenance.
5.
Alterations
Lessee shall not make any alterations, additions or improvements to the equipment.
6.
Loss and Damage
Lessee
shall bear the entire risk of loss, theft, damage or
destruction of the equipment.
(A) Pursuant to
paragraph (2) herein, it shall be presumed, unless notice
is received by lessee equipment is in working
order. The parties hereto conclusively agree that lessor
shall have sole discretion in determining whether the
leased equipment has been returned in working order or
whether same is in need of repairs.
(1) Any damage done to the subject equipment shall be repaired
by the lessor and billed to the lessee at two times the
repair cost to compensate lessor for lost rental use.
B.
In the event of loss or complete destruction of the subject
equipment, lessee shall be responsible for the full cost
of said equipment upon presentation by lessor of valid
documentation as to ownership and value.
7.
Indemnification
Lessee hereby agrees to indemnify Lessor, MTM equipment company, and to hold
Lessor harmless from and against any damage, loss or deficiency, including,
but not limited to, costs of suit and reasonable attorney's fees, arising out
of or resulting from any injury, illness or death of any individual which is
alleged to result in any way or manner from the subject equipment during the
period of this lease.
Where
Lessor shall have notice of any suit, claim or demand
whatsoever which could constitute a matter to be defended
against and indemnified be Lessee hereunder, Lessor shall
promptly notify Lessee in writing of such suit, claim
or demand. In the event Lessee shall fail to contest
and resist or conclusively settle any such matter within
a reasonable time after receiving written notice thereof,
Lessor shall have the right to satisfy and discharge
the same by settlement, suit or otherwise and the amount
so expended, together with reasonable attorney's fees,
shall then immediately become due and payable by Lessee
to Lessor upon demand. |
Rental
Periond _________________________________
Ship
to: ______________________________________
____________________________________________
Telephone
___________________________________
Fed
Ex Account # _____________________________
(If no account number, shipping charges will be added to invoice)
Dated
/ McArdle
Company ______________________________
191 Logan Rd., Gibsonia,
PA 15044
724.625.2977 fax
724.625.1017 |
Dated___________________
Lessee____________________________________
Phone
and Fax ______________________________
By
(print) ___________________________________
By
(sign) ___________________________________
PO#
for Billing_____________________
Billing Address
_________________________________
_______________________________________________ |