RENTAL CONTRACT TERMS

No operators are furnished with our equipment or vehicles.

In consideration of hiring of the vehicles and/or equipment (herein "the equipment") described on the front of the rental contract, Customer and Concrete Clinic agree as follows:

1. Deposit. Customer acknowledges that one of the purposes and intent of the deposit is to secure and guarantee complete performance of Customer's obligations under the contract.
2. Warning.   The use of false or fictitious identification to obtain the equipment or the failure to return the equipment upon the expiration of the rental contract may be considered a theft, resulting in criminal prosecution, per applicable penal codes relating to bad checks and failure to return leased or rented vehicles upon contract termination; i.e. "return date".
3. Possession/Title. Customer's right to possession of the equipment terminates on the return date indicate on the front of the rental contract.  Retention of Possession after this date constitutes a material breach of the rental agreement. 

Time is of the essence in regards to the rental agreement.  Any extension of the agreement must be agreed upon in writing.  Title to the equipment is and shall remain in Concrete Clinic.  If the equipment is not returned and/or is levied upon for any reason whatsoever, Concrete Clinic 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 Concrete Clinic harmless from any and all claims, damages, and costs arising from such retaking and/or levy.  If equipment is levied upon, Customer shall notify Concrete Clinic immediately.

4. Receipt/Inspection of Equipment. Customer hires the equipment on an "as is" basis.  Customer acknowledges that he has personally inspected the equipment prior to its leaving Concrete Clinic (regardless of point of delivery) and finds it suitable for his needs.  Customer acknowledges receipt of all items listed in the rental agreement in good working order and repair and that he understands its proper operation and use without further instructions regarding operation and use from Concrete Clinic.  Customer acknowledges that he has had an opportunity to inspect all hitches, bolts, safety chains, hauling tongues and other devices and materials used to connect the equipment to Customer's vehicle (and that Customer's vehicle is adequate for such use), if any, and Customer declares that he has received the equipment in a secure and operative condition.
5. Solvency. Customer represents to Concrete Clinic that he is not insolvent and should he become insolvent, that he will return all equipment to Concrete Clinic immediately.
6. Rental Period/Rate/Payment.   Rental period is for a maximum of twenty-four (24) hours unless a longer term is specified in the "return date".  Rental charges begin 8immediately upon delivery of the equipment to the location directed by the Customer or upon equipment leaving Concrete Clinic, whichever happens first.  Rental charges end upon return of the equipment to Concrete Clinic in an acceptable condition.  If the equipment is returned prior to the end of the minimum rental period. the rental due shall be for the entire minimum rental period.  Concrete Clinic may terminate rental at any time and retake the equipment without further notice in case of violation by Customer of any terms or conditions of the rental agreement.  Customer agrees to pay any collection costs and attorneys fees incurred in collection of this account or any dispute arising under the rental agreement.  Customer agrees to pay service charge of 1½% per month on unpaid balance.  Rental rates are based upon single shift usage (8 hours per day), 5 days per week).  If Customer makes greater use of the equipment it is agreed that the additional usage will be charged.
7. Ordinary Wear and Tear.   "Ordinary wear and tear" shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment on a one-shift basis.  Customer shall be responsible for all damage not caused from ordinary wear and tear.
8. Compliance with Laws/Use of Equipment.   Customer agrees not to use or allow anyone to use the equipment for any illegal purpose, in any illegal manner or in an unsafe manner.  Customer acknowledges that Concrete Clinic has no physical control over the use of the equipment.  Customer agrees at its sole cost and expense to comply with all municipal, county, state, and federal laws, ordinances, and regulations (including OSHA) which may apply to the use of the equipment during the rental period.  Customer further agrees to pay all licenses fees, permits or taxes arising from use of the equipment, including any subsequently determined to be due.

Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions, and who does not utilize all safety equipment required to operate the equipment or use the equipment.  Customer shall not allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe condition of situation; modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without Concrete Clinic's written permission; or allow a lien to be placed upon the equipment.  Customer agrees to check filters, oil, fluid levels, air pressure, clean and visually inspect the equipment at least daily and to discontinue use and immediately notify Concrete Clinic when equipment is found to need repair or maintenance.  Customer acknowledges that Concrete Clinic has no responsibility to inspect the equipment while it is in Customer's possession.  If the equipment becomes unsafe or requires repair, Customer shall discontinue using it and notify Concrete Clinic immediately.

9. Return of Equipment. Customer agrees to return the equipment to Concrete Clinic during regular business hours no later than "return date" in as good condition as when received, ordinary wear and tear excepted.
10. Disclaimer of Warranties.   Concrete Clinic makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied.  There is no warranty or representation that the equipment is fit for Customer's particular intended use, or that it is free of latent defects.  Concrete Clinic shall not be responsible to Customer or any third party for any loss, damage, or injury caused by, resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment.  Concrete Clinic shall not be responsible for any defect or failure unknown to Concrete Clinic.   Customer's sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that Customer notifies Concrete Clinic immediately of such failure and returns the equipment to Concrete Clinic within twenty-four (24) hours of such failure.
11. Purchase Orders.  The use of Customer's purchase order number on the rental agreement is for Customer's convenience and identification only.
12. Subletting/Location of Equipment.   Customer agrees not to sublet, loan or assign the equipment.  Customer shall not move the equipment from the address at which Customer represented it was to be used.
13. Default. Should customer in any way fail to observe or comply with any provision of the rental agreement, Concrete Clinic may, at his sole option, exercise any and all of the following remedies:

a.      Termination of the rental agreement.

b.      Retake the equipment.

c.      Declare any outstanding rent and charges due and payable and initiate legal process to recover the monies.

d.      Customer agrees to make payment of reasonable attorney's fees incurred by Concrete Clinic for collection of any and all amounts due and owing under the rental agreement.

e.      Pursue any of the remedies available to Concrete Clinic (exercise of any remedy available to Concrete Clinic shall not constitute an election of remedies or a waiver of any additional remedies to which Concrete Clinic may be entitled).

14. Retaking of Equipment.  If for any reason it becomes necessary for Concrete Clinic to retake the equipment, Concrete Clinic may utilize any and all legal process necessary to retake the equipment without further notice.
15. Indemnity Agreement. All work covered by the rental agreement shall be at the sole risk of the Customer.  Customer agrees to defend indemnify and hold harmless Concrete Clinic, its officers, directors and employees, from and against any and all liability, claims, judgments, costs, attorneys fees, or demands of litigation arising from the use, maintenance, operation, or possession of the equipment including, but not limited to, those arising from the active negligence of Concrete Clinic, its officers, directors, and employees, from injury to or death of the Customer, Customer's employees, or any other person, or from damage to any property save and except there shall be no obligation on the part of the Customer defend, indemnify, and hold harmless Concrete Clinic, its officers, directors, and employees, if the liability, claims, judgments, costs, attorneys fees, or demands of litigation otherwise giving rise to such obligation arise from the sole negligence or willful misconduct of Concrete Clinic, its officers, directors, and employees.  If Customer refuses to defend, indemnify, and hold harmless Concrete Clinic, its officers, directors, and employees, and subsequently a determination is made that liability is not due to the sole negligence or willful misconduct of Concrete Clinic, is officers, directors, and employees, Customer is obligated to reimburse any and all liability, claims, judgments, costs, attorneys fees, or demands of litigation incurred by Concrete Clinic, its officers, directors, and employees.   Customer agrees to notify Concrete Clinic immediately in case of any accident and to obtain the names, addresses, telephone numbers, and other pertinent information from all parties involved and all witnesses.
16. Notice of Non-Waiver/Severability.   Any failure of Concrete Clinic to insist upon strict performance by Customer as regards any provision of this agreement shall not be interpreted as a waiver of Concrete Clinic's right to demand struck compliance with all other provisions of this agreement against Customer or any other person.  The provisions of this agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.