All equipment must be returned prior to the “Return Time” (listed as Pick-Up Time on your quote and order). Equipment returned after this time will be charged an additional day’s rental at the regular full-day rate for each 24-hour period the Equipment is not returned. Rentals returned before the Return Time are not eligible for discounts or refunds. At or prior to the Return Time, Renter, at Renter’s expense, will return the Equipment to 159 N Broadway, Suite 202, unless other arrangements, made in writing and agreed to by both parties, have been made in advance. Equipment will be returned in the same condition as which it was received by Renter, allowing for reasonable wear and tear. Any labels on the equipment must be left on the equipment, or the Renter will be subject to an additional $10 charge per label.
Renter accepts the Equipment in good condition and repair, and satisfactory for their purpose. Renter agrees to inspect the Equipment and report any defect, damage, or inaccuracy within two hours of receiving the Equipment. MKE Production Rental assumes no responsibility whatsoever for the performance of the Equipment, and no claim for liability or rental reduction shall be allowed due to alleged or actual failure of the Equipment to perform in any manner for any reason. This includes, but is not limited to, equipment failure, data corruption, or operator errors. Renter will only use the Equipment lawfully and with regard for safety of persons and Equipment. Renter indemnifies and holds harmless MKE Production Rental from any and all claims, actions, damages, costs (including attorneys’ fees), obligations, liabilities, and liens (including any of the foregoing arising or accrued without MKE Production Rental’s fault or negligence, or under the doctrine of strict liability) arising out of the purchase, lease, use possession, selection, delivery, operation, return, or other disposition of the Equipment. Renter assumes full responsibility for the defense of any action, damages, obligation, liability, or lien arising as stated above. The provisions of this paragraph shall survive the termination of the Rental as to any matter arising during the Rental Term.
MKE Production Rental shall have the right to inspect the Equipment at any reasonable time, with prior notice to the Renter. Renter agrees to permit the owner or owner’s agent to enter the premises where the rental is kept for the purpose of inspection, or the purpose of repossessing the equipment if the Renter’s account is in default or otherwise not in good standing.
Renter bears the entire risk of loss, theft, destruction, or damage (Loss or Damage) of the Equipment from any and all causes during the Rental Term. Loss or Damage warrants MKE Production Rental to require the Renter perform one of the following: (1) Repair and restore the Equipment in good condition.(2) Pay the Replacement Cost. MKE Production Rental reserves the right to charge for any loss of revenue as a result of the repair, restoration, or replacement of the Equipment. MKE Production Rental shall be entitled to receive and retain all insurance payments made relating to the Loss or Damage of the Equipment, if any. Renter, Renter’s Insurer, or both will be entitled to the Equipment for salvage purposes, in damaged condition, AS IS, without warranty, only after payment has been received.
Renter may not at any time sublet, subrent, or reassign the Equipment to any party not explicitly noted in this agreement, nor permit its use by anyone other than the Renter and the Renter’s Employees and Agents. The Equipment is, and will always remain, the Personal Property of MKE Production Rental, notwithstanding the Equipment or any part of it may become affixed or attached in any manner to Real Property or Real Property Improvements. Renter has no right, title, or interest in the Equipment, except as expressly set forth herein.
Payment is due when the Rental Term begins, unless other arrangements have been made in advance. If Renter fails to make any payment when due, Renter will owe MKE Production Rental an additional 2% of any outstanding balance, or $10, whichever is greater, each 30-day period. In the event MKE Production Rental incurs collection expenses, attorney’s fees, or other expenses relating to the collection of Renter’s account or the enforcement of this Instrument, Renter agrees to pay those costs as well.
Renter agrees and authorizes MKE Production Rental to process any credit or debit card or other method of deposit in Renter’s file for amounts up to and including the full balance due, including any costs relating to Loss, Damage, and collections. Renter’s failure to return the Equipment within 24 hours after the Return Time authorizes MKE Production Rental to charge the full replacement cost, in addition to rental and other charges.
Renter agrees that in the event of default, MKE Production Rental may recover from Renter all Rent and other amounts due and may take possession of any or all Equipment, wherever located, without demand or notice, without a court order or other process of law. Taking of possession will not constitute a termination of this Agreement. MKE Production Rental may pursue any other remedy in law or equity. No right or remedy conferred upon or reserved to MKE Production Rental is exclusive of any other right or remedy provided by this Rental, or by law, or equity.
Unless the requirements of this paragraph are waived by MKE Production Rental in written communication prior to the Renter’s acceptance of the agreement, Renter will provide evidence of, pay for, and maintain: (1) Insurance against the loss or theft or damage to the Equipment, for its full replacement value, and (2) public liability and property damage insurance naming MKE Production Rental as an additional insured and loss payee with respect to rented equipment. All insurance shall be in a form, and amount satisfactory to MKE Production Rental.
This Agreement can not be amended or altered or changed except by written agreement, signed by both parties.