Rental Contract

For and in consideration equipment rental in exchange for payment of rental rates, subject to terms and conditions contained herein, the parties hereby agree to the terms of this contract as specified on the back of this contract.

For and in consideration equipment rental in exchange for payment of rental rates, subject to terms and conditions contained herein, the parties hereby agree as follows:

RECEIPT/INSPECTION OF EQUIPMENT. Customer acknowledges that they have inspected, and will inspect all items listed in this Rental Agreement ("the equipment" hereinafter) fully prior to any use and finds it suitable for customer's needs. Customer acknowledges receipt of all items listed in this Rental Agreement and that the equipment is in safe condition, good working order and repair, and that customer fully understands-without any further instructions-the proper and safe operation and use of all such equipment.

MALFUNCTIONING EQUIPMENT. If the equipment fails to start, breaks, malfunctions, becomes unsafe, is in need of maintenance, or in disrepair, customer agrees to and shall immediately discontinue use and immediately notify Big Daddy's Yard Supply Inc. (hereinafter referred to as "dealer" specifically including dealer's agents, employees, officers, directors, successors, and assigns), and if directed to do so, return the equipment to dealer. Customer shall not repair the equipment, nor shall customer engage any other person or entity to undertake any repair of the equipment.

Dealer may replace the equipment with substantially similar equipment in good working order, if then available. Customer agrees that dealer shall in no way be responsible for any incidental or consequential damages caused by any malfunctioning equipment, delays, replacement, or otherwise.

DISCLAIMER OF WARRANTIES. Dealer makes no warranty or representation that the equipment is fit for any particular use or purpose, either express or implied, or that it is free of latent defects. Dealer shall not be responsible for any defect or failure unknown to the dealer. Customer shall: (a) cease and terminate immediately all use of any items of equipment when a defect or failure is detected; and (b) notify dealer immediately when a defect or failure is detected.

POSSESSION/TITLE. Customer acknowledges that dealer owns the equipment, and title in and to, and legal right to possession of, will remain with dealer at all times-not with customer. Customer is entitled only to conditionally use and possess the equipment for the rental period, subject to the terms and conditions of this contract. If customer retains any items of the equipment beyond the agreed rental period term without dealer's express written consent, customer will be deemed to have materially breached this contract. Customer will not take, grant, or permit the taking, granting, or permitting of any liens, security interests, encumbrances, or other similar claims on any item of equipment or portion thereof. Customer shall take all actions to ensure compliance herewith and, in the event of non-compliance, customer shall immediately take all actions to secure the release of any such lien, security interest, encumbrance, or other similar claim at customer's sole expense and cost.

INDEMNIFICATION. Customer assumes liability for, and shall indemnify, defend, and forever hold harmless the dealer (including dealer's agents, employees, officers, directors, successors, and assigns) from and against any and all liabilities, obligations, losses, demands, damages, injuries (including, but without limitation, bodily injury, illness, and death), claims, penalties, suits, actions, costs, and expenses, including all attorney's fees, of whatsoever kind and nature, relating to or arising out of the use, condition (including, but without limitation, latent and other defects and whether or not discoverable by customer or dealer), operation, ownership, selection, delivery, leasing, return, and/or storage of the equipment, regardless of where, how, and by whom operated, or any failure on the part of customer to fully perform or fully comply with the terms and conditions of this rental contract. Customer and dealer agree that dealer may only be liable or responsible, if ever, for dealer's willful misconduct.

Without limiting any of the foregoing terms and conditions, customer shall at its sole expense and cost, indemnify, defend, and forever hold harmless dealer against all claims, suits, or proceedings commenced or asserted by any person or entity in which dealer is named as a party for which dealer is alleged to be liable or responsible as a result of, or arising out of, the equipment, or any alleged act or omission by dealer, and customer shall be liable and responsible for all costs, expenses, and attorney's fees incurred in the defense and/or settlement, judgment, or other resolution thereof. In the event any such claim, suit, or proceeding is commenced or asserted against dealer (or dealer's agents, employees, officers, directors, successors, or assigns), dealer may, in its sole discretion, elect to defend against said action on its own behalf with legal counsel of its choice, and customer shall be solely liable for and reimburse dealer for all costs, expenses, and attorney's fees incurred in such defense.

The indemnities and assumption of liability and obligations herein provided for shall continue in full force and effect notwithstanding the expiration, lapse of rental period, or other termination or conclusion of the rental contract. It is expressly understood and agreed by and between the customer and dealer that the foregoing Indemnification terms and conditions reflects the customer's and dealer's intent to completely shift to the customer the risk of all losses and risk of all claims in any way relating to or arising out of the rental or lease of the equipment.

ASSIGNMENT AND SUBLETTING. Dealer may, at dealer's sole discretion or option, assign all or any portion of dealer's rights and/or remedies under this rental contract, without customer's knowledge or consent. CUSTOMER IS NOT AUTHORIZED TO AND SHALL NOT DO OR PERMIT ANY OF THE FOLLOWING: (a) ASSIGN CUSTOMER'S RIGHTS AND/OR REMEDIES UNDER THIS RENTAL CONTRACT; (b) SUBLEASE OR LOAN ANY OF THE EQUIPMENT TO ANY THIRD-PARTY PERSON OR ENTITY. Any attempted assignment, sublease, or loan shall be deemed void ab initio.

ASSUMPTION OF RISK. Customer expressly agrees that the possession, use, transportation, loading, unloading, and/or storage of the equipment may be dangerous and may give rise to the risk of personal injury, death, or property damage. CUSTOMER VOLUNTARILY ASSUMES ALL SUCH RISK AND RELEASES AND DISCHARGES DEALER AND THE EQUIPMENT FROM ANY AND ALL LIENS, LIABILITIES, AND CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE POSSESSION, USE, TRANSPORTATION, AND/OR STORAGE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH DEALER'S NEGLIGENCE AND/OR GROSS NEGLIGENCE.

PROHIBITED USES. Use of the equipment in any of the following circumstances is prohibited and the occurrence of which constitutes an immediate breach of this rental contract: (a) use for illegal or illicit purpose; (b) use, transportation, and/or storage in an unlawful manner; (c) use when the equipment is a state of disrepair or unsafe condition; (d) improper or unintended use or misuse; (e) use by any person or entity other than the named customer; (f) use at any location other than the physical address furnished to dealer.

TIME OF RETURN. Customer's conditional right to possess the equipment terminates on the expiration of the rental period ("Due In" date and time). Failure to return the equipment by this time constitutes a material breach of this rental contract. Time is of the essence. Any extension of the time of return must be mutually agreed upon by both the customer and dealer, in writing, and customer agrees to pay all additional rental rates for the time period of any such extension.

MACHINE RUN TIME. 8 hour limit per 24 hour period. 24 hours equals a 1 day rental.

LATE RETURN. Customer agrees to return the equipment to dealer during dealer's regular business hours and prior to the expiration of the rental period ("Due In" date and time). Customer agrees that if the equipment is not timely returned in compliance herewith or held beyond the expiration of the rental period ("Due In" date and time) set forth in the rental contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.

DAMAGED, DIRTY, STOLEN, OR LOST EQUIPMENT. Customer agrees to pay for all damage to or loss of the equipment, regardless of the cause, while the equipment is not within the actual possession of the dealer. Customer further agrees to pay all reasonable cleaning charges for any equipment returned in a dirty condition. Accrued rental charges cannot and will not be applied against the purchase or cost of repair of any damaged, lost, or stolen equipment. Any equipment lost, stolen, or damaged beyond repair, as determined by dealer, shall be paid for by customer, to dealer, at the item's current list price. Customer agrees to and shall pay to dealer all costs or expenses for any repairs to the equipment, whether performed by dealer or not.

TIME OF PAYMENT. Customer agrees to timely pay, in full, customer's accounts which are due in full and payable at the expiration and/or termination of the rental term. In addition, a carrying charge of 1.5% per month (18% annual rate) shall be automatically charged to all accounts not paid in full at the time owed.

COLLECTION COSTS. Customer agrees to pay dealer all collection costs and expenses, including all reasonable attorney's fees, court costs, and other expenses, that may be incurred in the course of: (a) dealer seeking to collect on any charges owed by customer; or (b) enforcement of dealer's rights and/or remedies under this rental contract.

REPOSSESSION. In the event customer fails to timely pay in full in accordance with this rental contract or otherwise breaches any term or condition herein, dealer shall have the right to terminate this rental contract and take immediate possession of and remove all items of equipment wherever located. Customer agrees that dealer shall not be liable in any way for any claims, damages, trespass, or otherwise in dealer's exercise of this right to repossession or remove of the items of equipment.

INSPECTION OF TRAILER HITCH. Customer shall inspect the trailer coupling mechanism and all safety devices and chains before leaving dealer's premises. Customer shall also inspect all equipment periodically at least every 100 miles of travel, and shall maintain any couplings and chains in a safe and secure condition.

SEVERABILITY. If any provision, term, or condition herein is prohibited by law, such prohibition shall not affect the validity of the remaining provisions, terms, and conditions of the rental contract.

LOADING AND UNLOADING EQUIPMENT. Customer agrees to be solely responsible for loading and unloading all items of equipment. If dealer assists customer in loading or unloading any equipment, customer agrees to still remain solely responsible for said loading and unloading. Customer agrees to holder dealer (including dealer's agents, employees, officers, directors, successors, and assigns) harmless for any and all damages and injuries which may result therefrom.

PROPERTY DAMAGE. Customer agrees that dealer is not responsible for any damages whatsoever which may result from on-the-job equipment deliveries or equipment pick-up by dealer.

FEES, LICENSES, PERMITS, TAXES, AND FINES. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes, or fines required by or resulting from customer's use or operation of the equipment.

FUEL SURCHARGE. Any equipment having a gas or diesel engine shall be fully refueled at customer's sole expense before returning the equipment to dealer. In the event customer fails to return equipment fully refueled, customer shall be charged a fuel surcharge at the then-current dealer's rate.

SITE PREPARATION. If dealer has agreed to deliver any equipment, customer shall be responsible for having the delivery site clean, stable, and ready to receive delivery, unloading, and retrieval of said equipment. In the event customer fails to do so, customer shall be subject to an additional charge for delays incurred and for any additional labor performed by dealer resulting from customer's failure to timely do so.

INSURANCE. If any of the equipment is to be used for a commercial purpose or is otherwise designated as "Customer Insured" on Page 1, customer agrees that customer shall maintain: (a) property damage and casualty insurance on an "all risks" basis for the full replacement cost of the equipment (including, without limitation, all risks of loss or damage covered by the standard extended coverage endorsement) with such deductibles, if any, as may be acceptable to dealer and in dealer's sole discretion; and (b) commercial general liability insurance with minimum limits of $1,000,000.00 per occurrence. All such insurance shall and expressly cover all operations and contractual obligations, as well as any and all damage or liability arising in connection with the handling, transportation, loading, unloading, maintenance, operation, use, or possession of the equipment during the term, and shall name dealer as an additional insured and loss payee. All such insurance shall be primary, without any self-insured retention, and shall waive subrogation against dealer. Customer agrees to provide to dealer copies of the proper documents and endorsements demonstrating that customer has fully complied with all said insurance requirements for the above coverages, and specifying that no coverages will be canceled. Any insurance dealer may carry will always be deemed to be in excess of customer's insurance.

SECONDARY COVERAGE. The coverage to renters would be secondary and the renter would need to provide you with proof of auto coverage that would extend to a rental.