Equipment Sales & Rentals

Equipment Rental

Tools, Equipment, and Attachments
Rental Rates and Terms

Rental Terms and Conditions

Eco-Systems, Inc. (“Lessor”) hereby leases to Lessee the equipment identified above
(“Equipment”) for the term and with the rental payments set out above. Rental payments
(“Payments”) shall be made out to Lessor at the address shown above. The equipment shall be transported to and from the Lessor’s place of business during the rental term at Lessee’s expense. Lessee also agrees to pay any additional charges noted above upon or before receiving the Equipment from the Lessor. It is contemplated that the Equipment will be operated for not more than eight (8) hours in any one day, not more than forty (40) hours in any one week, and for not more than one hundred seventy six (176) hours in any one month. Lessee hereby agrees to pay additional rents prorated at the applicable daily, weekly, or monthly rate for each hour the Equipment is used in excess of such time. The additional rent for excess hours of such use will be paid at the same time the Equipment is returned or, if the Equipment is leased for more than thirty (30) days, on the first day of the month following such use.

If Lessee fails to return the Equipment by end of the rental term, Lessee will pay additional rental fees prorated at one and one half times for each day that the Equipment remains unreturned and in Lessee’s possession.

Lessee assume all risks and liability for and agrees to Lessor and its agents harmless from all personal injuries and deaths, property damage, suits, claims (including third party claims) losses, expenses, costs, and attorney fees, arising from or in connection with, the Lessee’s use, possession, entrustment to other parties, or transportation of the Equipment to and/or from any location. Lessee, at Lessee’s own expense, will carry a general liability insurance policy (“Insurance”) with limits of liability of not less than $1,000,000 aggregate, unless greater liability limits are specified. Lessee agrees to furnish a certificate of insurance to Lessor’s satisfaction evidencing Lessee’s compliance with the foregoing requirement and name Lessor as an additional insured party on the Lessee’s Insurance upon demand by Lessor.

Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is out of the Lessor’s possession. The amount of any such loss or damage shall be based on the value shown above. Damage to the Equipment, other than a total loss, will not abate or excuse the making of regularly prescribed rental payments. Lessee agrees to use and care for the Equipment in a careful and prudent manner.

Lessee agrees to pay all operating and maintenance expenses while the Equipment is out of the Lessor’s possession, and make or secure any needed repairs. All repairs shall be at Lessee’s expense, except to the extent that Lessor has the capability to perform such repairs and obtains compensation for doing so from the manufacturer of the Equipment. To the extent permitted by law, neither Lessor, its assigns, agents, the wholesale distributor or the manufacturer make any representation or promises as to the quality, performance, or freedom of defect of the Equipment, and NO IMPLIED WARRANTY OF MERCHANTABILITY OR MECHANICAL FITNESS IS MADE. Neither Lessor, its assigns, the wholesale distributor or Equipment manufacturer will be liable for any incidental or consequential damage which may result from the use performance, or failure of the Equipment.

Lessee acknowledges that the Equipment secured is of a size, design, and capacity selected by Lessee, and that Lessee is satisfied that the Equipment will be suitable for Lessee’s purpose. Lessee will return the Equipment to Lessor in as good condition as received. Reasonable “wear and tear” are anticipated effects of normal use, and are excepted by the end of the rental term.

The following shall NOT be deemed reasonable wear and tear:

a) damage resulting from lack of lubrication or maintenance of necessary oil, water, and air levels
b) damage resulting from any collision, overturning, improper operation including overloading or exceeding the rated capacity of the Equipment, as stated in the manual.

If the Equipment is deemed in not as good condition upon its return as when it was taken into Lessee’s possession, and if Lessor elects to repair it, Lessee will pay for such repairs at Lessor’s regular shop rate.

Lessor may, at Lessee’s option, replace the Equipment with a similar machine at any time during the rental term. Lessor will notify Lessee, if Lessor intends to exercise this option, and Lessee will have three (3) business days following such notice in which to exercise the purchase option provided below or return the Equipment to Lessor. Upon return of the Equipment to Lessor, the rental term hereunder shall terminate, and the parties will enter into a new original rental agreement covering the replacement machine(s). Such new rental agreements shall extend at a minimum of the remainder of this rental agreement’s rental term and have no greater than the rate for the rental of the Equipment indicated hereunder.

Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for “Total Present Value” specified on the rental agreement, and may apply to each purchase price of all rental payments previously made. An election to purchase will be evidenced by execution of a purchase order form supplied by Lessor.

This rental agreement is subject to all terms and conditions set out in the above portion of this document.

Lessee (Customer)- I have personally inspected all Equipment rented hereunder and the operation
and servicing of the Equipment have been satisfactorily explained to me.

X ________________________________________________

Lessor (Dealer)- The Equipment rented hereunder was set up, inspected, and, if new, adjusted according to factory specifications and recommendations before delivery. Operation and servicing procedures have been explained to the Lessee.

X ________________________________________________

Terms Summary:

All Equipment secured by Lessee shall be furnished with a full tank of fuel. Lessee shall return Equipment with fuel tanks full, or fuel will be charged at the rate of $3.20 per gallon.
Delivery and pick-up of Equipment shall be charged at the rate of $85/hour. An Equipment cleaning fee of $100 will be levied upon Lessee for all Equipment returned in an
excessively muddy or any other unacceptable condition. Daily maintenance, including lubrication and cleaning, is the responsibility of Lessee. It shall be Lessee’s responsibility to read and become familiar with the terms of this Rental Agreement.

Eco-Systems, Inc./Products & Consulting/TNS Product Sales/Equipment Sales, Rental &
Lease/Rates & terms/Rates & Term