Lease Agreement - Terms & Conditions
Lessor, hereby agrees to lease to Lessee the equipment described on the face of this agreement or in attached schedules in accordance with the following agreement:
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Title and Ownership. The leased equipment shall at all times be and remain the sole and exclusive property of the Lessor. Lessee shall have only the rights to use the equipment in accordance with the terms of this agreement. Lessor shall have the right to display notice of its ownership of the equipment by display of identifying stencil, plate or other marking, and Lessee agrees that it will not remove or cover such markings without the written permission of Lessor. It is expressly intended and agreed that the equipment shall be personal property even though it may be affixed or attached to real estate. The equipment shall not be removed from the place of delivery or installation without the expressed written permission of Lessor.
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Inspection. Lessee acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition. Lessee understands its proper use. Lessee further acknowledges Lessee responsibility to inspect the equipment prior to its use and to notify Lessor of any defects.
- Replacement of Malfunctioning Equipment. If the equipment becomes unsafe or in disrepair for any reason, Lessee agrees to discontinue its use and to notify Lessor. Lessor will repair or replace the equipment with similar equipment in good working order if available, and if the defects is the result of normal use. Lessor is not responsible for any incidental damages caused by delays or otherwise, and Lessee hereby waives any rights or entitlement thereto.
4.Warranties. Lessor is not the manufacturer of the rented property not the agent do the manufacturer, and no warranty against patent or latent defects in material workmanship or capacity is given, and Lessee waives all such warranties of fitness which may be accorded by la or otherwise. There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for customers intended use, or that it is free from defects, and any and all such warranties of fitness, or otherwise, are expressly and specifically waived by customer.
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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 THE LESSOR FROM AND AGAINST, ANY AND ALL LIABILITIES, CLAIMS, LOSSES, COST AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES, CLAIMS FOR BODILY INJURY(IES) (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF THE TIME AND/OR INCONVENIENCE) RESULTING FROM OR ARRISING IN CONNECTION WITH SUCH POSSESSION, USE, TRANSPORTATION AND/OR STORAGE, REGARDLESS OF THE CAUSE AND INCLUDING INJURY AND/OR DAMAGES SUFFERED BY LESSEE, LEESS’S EMPLOYEES AND/OR THIRD PART(IES), EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM LESSOR’S INTENTIONAL MISCONDUCT.
- 6. Time of Return. Lessee right of possession terminates on the expiration of the rental period and retention of possession after the time constitutes material breach of Lessee’s obligation under this contract. Time is of the essence in this agreement. Any extension must, at Lessor’s election be mutually agreed upon in writing.
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Assignments, Subleases and Loans of Equipment. The Lessor may assign its right under this contract without the Lessee’s consent, but will remain bound by all obligations herein. The Lessee may not sublease the equipment or loan the equipment without the Lessor’s written permission. Any purported assignment by the Lessee is void.
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Return of Equipment. At the termination of this agreement, Lessee shall return all of the equipment to Lessor’s premises during Lessor’s regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Lessor’s regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee. Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor.
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Inspection By Lessor. Lessor shall at all times have the right to enter any premises where the Equipment may be located for purposes of inspecting it, observing its use, or removing it from Lessee’s premise.
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Permits and Licenses. Lessee shall at its own expense, and prior to the installation of the equipment provide all necessary permits, licenses, and other consents.
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Delivery/Pick up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits we will try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and equipment is not knocked down and assembles in on e shelter area, tables and chairs will be left until the next day when a special crew can be scheduled. There will be an additional one day rental. A knock down fee will result if equipment is still up.
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Cleaning. China, Glassware and Flatware must be returned cleaned and repacked properly in boxes provided or additional charges will be assessed. Special cleaning deposits will be charges on BBQ Grills and Cooking Equipment.
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Linens. Table linens are inspected prior to pick up and upon return. DO NOT ROLL UP OR PLACE WET LINENS IN ANY BAG – mildew will result. If there is obvious damage such as mildew, excessive stains, burns or tears, you will be charges the cost of the linen and keep same as though it were a sale. Return all linens dry and free of waste.
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Dirty, or Damaged Equipment. Lessee agrees to pay for any damage to rented equipment regardless of cause, except reasonable wear and tear, while equipment is out of possession of Lessor. Lessee also agrees to pay a reasonable cleaning charge for all equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair or damaged goods. Rental Equipment damaged beyond repair will be borne by the Lessee at its Replacement Cost when rented. The cost of repairs will be borne by the Lessee, whether performed by Lessor, or at the Lessor’s option by others.
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Permitted Area of Use Equipment. Lessee agrees not to loan, sublet or otherwise dispose of equipment or use it at any other location than listed on the face of the contract.
UNLESS OTHERWISE APPROVED IN WRITING, EQUIPMENT LISTED ON THE FRONT OF THIS DOCUMENT MAY NOT BE REMOVED FROM BUNCOMBE COUNTY, NORTH CAROLINA
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Theft of Equipment. The Lessee agrees to pay all reasonable collection attorney’s and court fees and other expenses involved in the collection of charges or enforcement of the Lossor’s rights under this contract.
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Collection Costs. The Lessee agrees to pay all reasonable collection attorney’s and court fees and other expenses involved in the collections of charges or enforcement of the Lessor’s rights under this contract.
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Weather Related Risks. Lessee assumes all weather related risks involved in holding an outdoor tented event. Lessor will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Lessor’s control, Lessee shall still be liable for payment in full of all charges.
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Preparation of Site. Lessee agrees to have the site upon which the equipment is to be erected, free and clear of all obstacles, natural and manmade, prior to the arrival of the Lessor’s work crew. Lessee further agrees to have all tents cleared for removal prior to our arrival. All non-leased equipment and decorations shall be cleared and taken from site. If Lessee fails to do so, then Lessee shall pay all costs involved for any delay, additional rental, and all costs including and legal expenses.