1. RENTAL: Lessor rental the equipment to lessee for the period commencing on its delivery to lessee and ending upon its return to the leaser's premises subject to charge for minimum rental period. Lessor may terminate rental at any time and repossess equipment if the equipment is abused illegally parked, moved from set position, used in violation of law, ordinance or regulations, or apparently abandoned. Upon demand lessee shall pay all charges provided for herein . In event of theft of equipment rental shall continue until report of theft has been filed to Police and lessor has been furnished a copy thereof by lessee.
2. RECEIPT, USAGE OF AND RESPONSABILITY FOR EQUIPMENT: Lessee acknowledges receipt of the equipment in good working condition and repair and that he fully understand it's proper use and agrees to return it in such condition subject only to reasonable wear or tear. Lessee shall not abuse, harm or misuse the equipment, operate it in violation of applicable laws, ordinances or regulations, permit any person who is not legally qualified to operate the equipment or without the lessor prior written consent remove it from the county in which it is rented.
3. DISCLAIMER OF WARRANTIES: WAIVER OF DAMAGES. LIABILITY FOR DAMAGE TO PERSONS AND PROPERTY: ;LESSOR MAKES NO WARRANTIES, EXPRESSED OR IMPLIED AS TO EQUIPMENT'S MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Leese's sole remedy for any failure of or defect in the equipment shall be the termination of the rental charges at the time of failure , provided the equipment is returned to lessor within 24 hours. Lessor shall not be responsible for any loss, damage or injury to lessee and lessee's property including incidental or consequential damages in any way connected with the operation of, defect in, or failure of equipment and lessee hereby waves all claim against lessor for any such damage. Lessee shall indemnify and hold lessor harmless from any claims by whosoever presented for loss, injury and damage to their person and property arising out of lessee's possession, use, maintenance, or return of equipment, or otherwise as result of the execution of his rental agreement including legal costs incurred in defense of such claims. Lessee shall furnish Lessor with a complete report of any accident involving equipment immediately upon the occurrence thereof including names and addresses of all persons involved and all witnesses and a copy of any police report and shall cooperate in the investigation and defense of all claims against the lessor as result of any such accident.
4. RENTEE IS FULLY RESPONSIBLE FOR ALL DAMAGES, LOST OR STOLEN EQUIPMENT.
5. DAMAGE TO EQUIPMENT: CONTINUED RENTAL: If equipment is returned damaged. Lessee shall pay lessor the reasonable cost of repair or the portion thereof for which Lessee is responsible, and pay rental on the equipment at one-half of the regular rental rates until repairs are completed. Lessor shall be under no obligation to commence repairs until lessee has paid therefore.
6. ATTORNEYS FEES: Lessee shall pay Lessor reasonable attorneys fee and court costs incurred in enforcing the term and conditions hereof.
7. By signing and accepting this rental agreement, lessee agrees that failure to return equipment to lessor within two days after the rental agreement has expired, without good cause, shall be constituted as wrongful conversion and lessee hereby waves any and all claims against Lessor as result of any action Lessor may take to regain possession of equipment .