1. INDEMNITY/HOLD HARMLESS.
Customer will take all necessary precautions regarding the items rented, and protect all persons and property from injury or damage. Customer agrees to indemnify, defend and hold harmless Fusion from and against any and all liability, claims, judgments, attorney's fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the items rented, however caused, except claims or litigation arising through the sole gross negligence or willful misconduct of Fusion.
2. ASSUMPTION OF RISK/RELEASE - DISCHARGE OF LIABILITY.
Customer is fully aware and acknowledges there is risk of injury or damage arising out of the use or operation of the items rented hereunder and hereby elects to voluntarily enter into this rental agreement and assume all of the above risks or injury. Customer agrees to release and discharge Fusion from any and all responsibility or liability from such injury or damage against Fusion which customer otherwise maybe entitled to assert.
3. OPERATORS.
No operators are furnished, directly or indirectly with our rental items.
4. RECEIPT/INSPECTION OF RENTAL ITEMS.
Customer hires the rental items on an "as is" basis. Customer acknowledges that he has, or will, personally inspect the rental items prior to use and finds the items suitable for customer's needs. Customer acknowledges receipt of all items listed in the Rental Agreement and that the rental items are in good working order and repair and that the Customer understands (without further instructions) the proper operation and use of items.
5. POSESSION/TITLE.
Customer's right to possession of the rental items begins upon the rental items leaving Fusion and terminates on the Agreed Return Date indicated on the front of this Rental Agreement. Retention of possession after this date constitutes a material breach of this Rental Agreement. Time is the essence of this Rental Agreement. Any extension of this Rental Agreement must be agreed upon in writing. Title to the rental items is and shall remain with Fusion. If the rental items are not returned and/or levied upon for any reason whatsoever, Fusion may retake said items without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold Fusion harmless for any and all claims and costs arising from such retaking and/or levy. If rental items are levied upon, Customer shall notify Fusion immediately.
6. RENTAL PERIOD/RATE/PAYMENT.
If customer makes greater use of the rental items than agreed upon, it is agreed that the additional usage will be charged. Fusion may terminate rental at any time and retake the rental items without further notice, in case of violation by Customer of any terms or conditions of this Rental Agreement. Customer agrees to pay any collection of this account or any dispute arising out of this Rental Agreement. Customer agrees to pay a monthly service charge for all unpaid balances.
7. PROPER CARE.
Customer shall be responsible for all damage to rental items. Damage includes, but is not limited to, damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of rental items by paint, mud. plaster, concrete, rosin or any other material
8. COMPLIANCE WITH LAW/USE RENTAL ITEMS.
Customer agrees not to use
or allow anyone to use the rental items in any illegal manner or in an
unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which
may apply to the use of the rental items during the rental period. Customer further agrees to pay all licenses, fines, fees, permits or lanes arising from his use of the rental items, including any subsequently determined to be due. Customer is responsible for obtaining all permits and/or licenses from the appropriate government agencies. If permits or licenses are denied for any reason, Customer is still responsible for all financial and other obligations pursuant to this Agreement to Fusion or its subcontractors. Customer shall not allow any person who is not qualified or who has not received and understands the safety and operating instructions or who does not utilize all safety equipment required to operate the rental items to use the rental items. Customer acknowledges that Fusion has no responsibility to inspect the rental items while they are in the Customer's possession.
9. RETURN OF RENTAL ITEMS.
Customer agrees to return to Fusion the rental items in good condition as when received by agreed Return Date. Customer shall be liable for all damages to or loss of the rental items and liability incurred prior to rental items return lo Fusion. Customer shall be responsible for all costs incurred by Fusion recovering and returning damaged rental items to Fusion's premises. If the rental items are to be "picked up" by Fusion, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to rental items for a reasonable period of time until the rental items are picked up by Fusion.
10. DISCLAIMER OF WARRANTS.
Fusion makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or •implied. There is no warranty or representation that the rental items are fit for customer's particular intended use or that it is free of latent defects. Fusion shall not be responsible to customers or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of or any failure of the rental items. Fusion shall not be responsible for any defect or failure unknown to Fusion The customer's remedy for any failure of or defect in the rental items shall be termination of the rental charges at the time of failure, provided that the customer notifies Fusion immediately of such failure and returns the rental items to Fusion within twenty-four (24) hours of such failure.
11. SUB RENTAL/LOCATION OF RENTAL ITEMS.
Customer agrees not to sublet, loan or assign from the rental items from the address at which Customer represented they were used
12. DEFAULT.
Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, Fusion may, at its sole discretion, terminate this Rental Agreement, retake the rental items, declare any charges due and payable and initiate legal process to recover monies owed.
13. RETAKING OF RENTAL ITEMS.
If for any reason it becomes necessary for Fusion to retake the rental items, Customer authorizes Fusion to retake the rental items without notice or further legal process and agrees that Fusion shall not be liable for any claims for carnage or trespass arising out of the removal of the rental items.
14. LEGAL FEES.
In the event an attorney is retained to enforce a provision of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney's fees and court costs in such action or proceeding in an amount lo be determined by the court.
15. DAMAGE DEPOSIT.
Under certain circumstances or for certain rental items, a damage deposit may be required. The damage deposit is fully refundable if all items are returned in the same condition as delivered. Damage or loss of items will result in reduction or forfeit of damage deposit.
16. DAMAGE WAIVER PLAN.
The Damage Waiver Plan is NOT insurance. By Customer accepting the "Damage Waiver Plan" on the front of this Rental Agreement and with immediate notification in the event of any accident and the prompt submission of applicable police reports, Fusion and Customer agree that Fusion will waive any claim against Customer for direct physical damage to the rental items while in use by the Customer. If Customer has insurance covering such loss or damage, the Damage Waiver Plan becomes secondary and Customer shall exercise all rights available to him under said insurance and take all action necessary to process said claim. Customer further agrees to assign said claim and any and all proceeds from: such insurance to Fusion. Upon request of Fusion, Customer shall fully cooperate with Fusion and furnish the name of the insurance agent, insurance company and complete information concerning insurance coverage carried. Acceptance of the Damage Waiver Plan requires payment of the specified fee. Not withstanding, the foregoing following conditions are not covered under the Damage Waiver Plan: (a) Any rental items or part thereof, which is not returned for whatever reason, including theft. (b) Damage resulting from improper use, failure to secure during transportation, overloading or exceeding the rated capacity of the rental items. (c) Damage to motors or other electrical appliances or devices caused by artificial current. (d) Damage as a result of vandalism or malicious mischief or intentional abuse. (e) Damage resulting from misuse, abuse, failure to maintain, cleanliness, lack of lubrication or other normal servicing of rental items. (f) All damage resulting from misuse from overturning. (g) All damage resulting from use of the rental items in violation of any provision of this Rental Agreement, violation of any law, ordinance or regulation.
17. NOTICE OF NON-WAIVER/SEVERABILITY.
Any failure of Fusion to insist upon strict performance by Customer in regard to any provision of this Rental Agreement shall not be interpreted as a waiver of Fusion's right to demand strict compliance with all other provisions of this Rental Agreement or shall be severable so that the enforceability, invalidity or waiver of any provision shall not affect any other provisions.
18. TERMS AND CONDITIONS OF SALE.
(Applies only to items sold, not rented) Customer acknowledges that Fusion makes no warranties, expressed or implied, to any matter whatsoever, including, and without limitation, the condition of the items, their merchantability or their fitness for any particular purpose. If the items being sold are used equipment, they are being sold on an "as is" basis.
19. MOVING OF NON-RENTAL ITEMS.
Fusion is not liable for any damage arising from customer requested moving of non-rental items, including, but not limited to, furniture, vehicles, plants, lights, etc.
