7. Care of Equipment. The Equipment shall be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.
8. Maintenance, Repair and Alterations. Renter, at Renter’s own expense, shall maintain the Equipment (a) in the same condition as when delivered to the Location, ordinary wear and tear excepted, (b) in compliance with the manufacturer’s maintenance requirements, and (c) in compliance with law. The costs of all repairs made during the Term shall be paid for by Renter, including but not limited to labor, material, parts and other items. Notwithstanding the foregoing, the Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior written consent.
9. Insurance. Renter, at Renter’s own expense, shall carry and maintain insurance for the Equipment against loss, theft and damage, in form, and with companies, satisfactory to Owner, including, without limitation, the insurer's agreement to give Owner thirty (30) days' prior written notice before cancellation or material change thereof, in an insured amount equal to the value of the Equipment to ensure its full replacement, unless agreed otherwise in writing by Owner.
10. Restrictions on Use. Renter shall not:
a) Permit the Equipment to be used by any person who is not authorized to use such Equipment; b) Operate or use the Equipment or permit it to be operated or used in contravention of Section 7; c) Operate or use the Equipment or permit it to be operated or used outside of Renter’s business; d) Operate or use the Equipment or permit it to be operated or used in violation of law; e) Operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or f) Operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
11. Loss or Damage. Renter shall immediately alert Owner to any damage to the Equipment or if the Equipment becomes lost or stolen. Renter shall be responsible for any loss or damage to the Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing Equipment. The agreed upon replacement value of the Equipment is $5600.00 and is payable to Owner if the Equipment is lost, stolen or damaged beyond repair.
12. Condition of Equipment. The Condition of Equipment Checklist (the “Checklist”) attached hereto is hereby incorporated by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. OWNER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
13. Return of Equipment. Renter shall, at Renter’s own expense, return the Equipment to Owner no later than the Return Date, unless this Agreement is terminated earlier by either Party consistent with the terms herein, in which case, Renter shall, at Renter’s own expense, return the Equipment immediately to Owner upon such termination. The Equipment shall be returned by Renter in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed return location. If the Equipment is not returned within seven (7) days of the Return Date, Owner reserves the right to take any action necessary to regain possession of the Equipment and if it cannot regain possession, it may charge the Renter’s charge card on file for the replacement value of the Equipment.
14. Termination. This Agreement shall terminate on the Return Date and upon receipt by Owner of the
monitor. The terms of this contract are binding and remain in full effect until both aforementioned conditions are met. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
15. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for (a) any property damage, bodily injury, personal injury or death arising from Renter’s use or operation of the Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct, and (b) Renter’s willful misconduct, fraud, misrepresentation, or willful violation of law. The provisions of this Section 15 shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter acquires no ownership, title, property, right, equity or interest in the Equipment other than Renter’s leasehold interest solely as lessee subject to the terms and conditions of this Agreement. Renter shall immediately notify Owner in the event the Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. The Equipment shall be deemed at all times to be personal property and not a fixture under applicable law, whether or not it may be attached to any other property. Upon Owner’s written request, Renter shall obtain and provide to Owner, from each real property landlord, mortgagee or lienholder for the Location, a waiver of any interest that it may have in the Equipment arising from its interest in the real property.
17. Inspection. Renter shall permit Owner (through any of its officers, employees or agents) on reasonable notice to inspect the Equipment during regular business hours. Unless Renter is in default, Renter has no obligation to permit Owner to conduct more than one (1) inspection every six (6) months for the Equipment.
18. Waiver. No failure or delay of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver, and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach. No waiver under this Agreement shall be effective unless it is in writing and signed by the party waiving its right.
19. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The Parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
20. Entire Agreement. This Agreement, including and together with all related schedules, represents the entire understanding of the Parties relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications, understandings, agreements, representations and warranties, both oral and written, with respect to such subject matter. This Agreement shall be modified only by a written amendment signed by both Parties.
21. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign any
of its rights under this Agreement. Any attempt to do so in violation of this Section 20 shall be a material default of this Agreement and shall be null and void.
22. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
23. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
24. Support. During the Term, Owner will use reasonable efforts to enroll Renter in any service provided by the manufacturer of the Equipment, as if Renter originally purchased the Equipment.
25. By signing this form you give STATDDS, LLC. permission to charge the provided credit card for agreed upon goods and services.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.