EQUIPMENT RENTAL AGREEMENT
OWNER:
LDARtools, Inc.
1102 Dickinson Ave
Dickinson, TX 77539
877.788.1110
EQUIPMENT RENTED: Determined by storeLDAR.com order.
TERM is defined as the entire time RENTED EQUIPMENT is in the possession of RENTER.
PERIOD is defined as the unit of time, such as week, month or year that the charges for RENTED EQUIPMENT is based on.
RENTAL TERMS AND CONDITIONS
1. RENTER shall indemnify OWNER against, and hold OWNER harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys fees, arising out of, connected with, or resulting from the equipment or the Rental, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation,
maintenance or return of the equipment. RENTER shall further indemnify OWNER, and hold OWNER harmless from all loss and damage to the equipment during the rental period. RENTER recognizes and agrees that included in this indemnity clause, but not by way of limitation, is RENTER’S assumption of any and all liability for injury, disability and death of workmen and other persons caused by the operation, use, control, handling, or transportation of the equipment during the Rental Period; or for repossession and for all consequential and special damages for any claimed breach of warranty.
2. The RENTER shall pay the OWNER full compensation for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which
is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excluded. The OWNER’s invoice for replacement or repair is conclusive as
to the amount RENTER shall pay under this paragraph for repair or replacement. If rental is shipped with a repair kit or parts, defective parts must be changed only after reporting an issue at
LDARtools.com.
Then under the direction of LDARtools personnel parts may be replaced. If broken parts are not returned or are replaced without the guidance of OWNER, RENTER will be billed for them at the
rate listed on storeLDAR.com.
3. The equipment shall be delivered to RENTER and returned to OWNER at the RENTER’s risk and expense. If a periodic rental rate is charged by OWNER, rental charges are billed to the
RENTER for each period or portions of the period from the time the equipment is delivered to RENTER until its return. If a term rental rate is charged by OWNER, rental charges are billed to
the RENTER for the full term even if the equipment is returned before the end of the term. If at the end of the term RENTER does not return EQUIPMENT RENTED within one day, daily rate will
apply until equipment is returned. Return date is defined by the day a UPS ground tracking number is sent to OWNER and EQUIPMENT RENTED is picked up by shipping company.
4. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by OWNER does not constitute a waiver of
any of the rights OWNER has under the rental agreement.
5. The RENTER shall allow OWNER to enter RENTER’s premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented
equipment. If the RENTER is in default of any of the terms and conditions of this agreement, the OWNER, and his agents, at the RENTER’s risk, cost and expense may at any time enter the
RENTER’s premises where the rented equipment is stored or used at all time and recover the rented equipment.
6. The RENTER shall not pledge or encumber the rented equipment in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments
when due, or upon RENTER’s filing for protection from creditors in any court of competent jurisdiction.
7. The OWNER makes no guarantee of any kind regarding the rented equipment, except that OWNER shall replace the equipment with identical or similar equipment if the equipment fails to
operate in accordance with the manufacturer’s specifications and operation instructions. Such replacement shall be made as soon as practicable after RENTER returns the non-conforming
equipment.
8. The RENTER shall keep and maintain the rented equipment during the terms of the rental at his
own cost and expense. He shall keep the equipment in a good state of repair, normal wear and
tear excepted. Standard Warranty will be applicable for the term. See Appendix B.
9. The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by OWNER in protection its rights under this rental agreement and for any action taken
OWNER to collect any amounts due the OWNER under this rental agreement.
10. SPECIAL PROVISIONS:
a) Batteries will be covered under the standard warranty.
b) OWNER will match RENTER'S return UPS shipping method for warranty repairs at OWNER'S expense.
c) removed
d) OWNER may, at any time, replace units. OWNER will provide an updated list of serial numbers to RENTER if units are replaced.
e) If consumables are include in the shipment, RENTER will be billed for any missing or opened packages, this includes, but is not limited to, inlet filters, probe tip filters, and probe hose.
11. Arbitration of Disputes. Any dispute between the parties with regard to the interpretation or enforcement of the terms of this Agreement shall be submitted to binding arbitration pursuant to
the Commercial Arbitration Rules of the American Arbitration Association. The parties agreethat any arbitration conducted between them pursuant to this Section 16 shall be conducted
exclusively in Galveston County, Texas. Both parties waive all rights to a jury or another type of trial.
12. These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of RENTER.