Lessee acknowledges receipt of the described personal property. The parties agree that the property was inspected by Lessor and personally examined by Lessee at the time of delivery to and acceptance of Lessee and that the property was in good and serviceable condition.
Title to the rented property is, and at all times shall remain in Lessor. Only the parties hereto and such other persons whose names are endorsed hereon and authorized to use said property, and Lessee will not permit the said property to be used by any other person or at any address other than the place designated hereon without the express consent of Lessor.
Parties agree that Lessor is not the manufacturer of said property nor the agent of the manufacturer and that no warranty against patent or latent defects in material, workmanship or capacity is given.
Lessee agrees that in the event any of the property becomes unsafe or in a state of disrepair, Lessee will immediately discontinue the use thereof and promptly return it to Lessor. Upon receiving such property, if its condition is not the fault of the Lessee, Lessor agrees to replace such property of like kind and in good working condition.
Upon termination of this agreement, Lessee will promptly return the rented property and all attachments and parts belonging thereto, to the Lessor at Lessor’s place of business, in the same condition in which such property was received, ordinary wear and tear expected, and agrees to pay for any damage to or loss of such property while in the possession or control of the Lessee hereunder. In the event that Lessor must resort to litigation to recover for damages caused to or loss of such property, Lessee also agrees to pay Lessor’s reasonable attorney’s fees and Court costs.
Lessor shall not be liable in any event to Lessee for any loss, or damage of any kind of character resulting from defects in or inefficiency of the leased property or accidental breakage thereof.
Lessee agrees to indemnify and save harmless the Lessor against all loss, damage, expense and penalty arising from any action on account of any injury to a person or property of any character occasioned by the operation, handling or transportation of the leased property during the rental period or while the property is in the possession or control of Lessee.
Lessee will give Lessor immediate notice of any levy attempted upon said property, or if said property from any cause becomes liable to seizure, and to indemnify Lessor against all loss and damages caused by any such action, including Lessor’s reasonable attorney’s fees and expenses.
Lessee will not retain the leased property beyond the “Due In” time without prior notice to and the consent of the Lessor thereto. The lessee will pay the rental price in advance or immediately upon the return of the property. Lessee agrees to pay all collection charges, including a reasonable attorney’s fee if the rental is not paid when due.
Lessor, at Lessor’s sole discretion, may report property stolen if held (5) days beyond the “Due In” date. Lessor, at Lessor’s sole discretion, may revert all charges to the weekly rate if any monthly statement or invoice is not properly paid. Lessor will not refund any item out over (30) minutes. Lessor will extend credit for the like amount on any item providing Lessee used this credit within a period of (15) days from the outdate of Contract.
Lessee hereby waives and releases Lessor from all claims for injuries or damages to Lessee arising out of the use of the said property to Lessee.
Items received are subject to the above conditions. There are no warranties of merchantability or fitness either expressed or implied that extend beyond the description on the face hereof.