Tool Rental Terms and Conditoins

LESSEE = CUSTOMER

LESSOR = RESTOSTAMPS LLC.

 

1 . INSPECTION. Lessee acknowledges that he/she has had an opportunity to personally inspect the equipment, and finds it suitable for his/her needs, and in good condition, and that he/she understands its proper use. Lessee further acknowledges his/hers duty to inspect the equipment prior to use and notify Lessor of any defects. Lessee is also acknowledging that his/her equipment to use in conjunction with the rental/lease has been inspected and in safe proper condition.

 

2 . REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use, Lessee agrees to discontinue use and notify Lessor who will replace the equipment with similar equipment in good working order, if available. LESSOR IS NOT RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY DELAYS OR OTHERWISE.

 

3 . WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. There is no warranty that the equipment is suited for

Lessee's intended use, or that it is free from defects.

 

4 . INDEMNIFICATION. Lessee assumes liability for, and shall indemnify, defend and hold harmless Lessor, its agents, employees, officers, directors, successors, and assigns from

and against any and all labilities, obligations, losses, demands, damages, injuries (including, but not limited to, bodily injury, illness and death), claims, penalties, suits, actions, costs, and expenses, including attorney's fees, of whatsoever kind and nature, relating to or arising out of the use, condition (including but not limited to, latent and other defects and whether or not discoverable by Lessee or Lessor), operation, ownership, selection, delivery, leasing, or return of the equipment, regardless of where, how, and by whom operated, or any failure on the part of Lessee to perform or comply with the conditions of this lease.

 

Without limiting the generality of the foregoing, Lessee shall, at its own cost and expense, defend Lessor against all claims, suits or proceedings commenced by anyone in which Lessor is named as a party for which Lessor is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Lessor, and Lessee shall be liable and responsible for all costs, expenses, and attorney's fees incurred in the defense and/or settlement, judgment, or other resolution thereof. In the event any such action is commenced naming Lessor as a party, Lessor may, in its sole discretion, elect to defend said action on its own behalf with counsel of its choice, and Lessee shall be liable for and reimburse Lessor for all costs, expenses, and attorney's fees incurred by Lessor in such defense.

The indemnities and assumptions of liabilities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of the lease.

 

5 . PROHIBITED USES. Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract:

(a) Use for illegal purpose or in illegal manner.

(b) Use when the equipment is in bad repair or is unsafe.

(c) Improper, unintended use or misuse.

(d) Use by anyone other than Lessee or his employees, without Lessor's written permission. Lessee may not sublease or loan the equipment without Lessors written permission.

(e) Use at any location other than the address furnished Lessor without Lessor's written permission.

 

6 . TIME OF RETURN. Lessee's right to possession terminates on the expiration of the rental period and retention or possession after this time constitutes a material breach of this

contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.

 

7 . DIRTY, DAMAGED OR LOST EQUIPMENT. Lessee agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Lessor. Lessee also agrees to pay a reasonable cleaning charge for equipment returned dirty of at least $10.00. Equipment lost, stolen, or damaged beyond repair will be paid for at its replacement cost when purchased. The cost of repairs will be borne by Lessee, whether performed by Lessor, or at Lessors option, by others. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost goods. IN THE CASE OF LOSS BY THEFT OR OTHER MEANS, LESSEE AGREES TO FURNISH A POLICE REPORT TO THE LESSOR WITHIN 48 HOURS.

 

8 . TIME OF PAYMENT. Accounts are due and payable at point of purchase. This includes the rental fee, and replacement costs.  After the return and Lessor’s inspection of goods, signals the termination of the rental period. If deemed acceptable deposit is refunded at termination of the rental period.

 

9 . REPOSSESSION. Upon a failure to pay rent or other breach of this contract, Lessor may terminate this contract and take possession of and remove the goods from wherever they

are, and Lessor and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.

 

10. SEVERABILITY. The provisions of this agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.

 

11. INSPECTION OF TOOL. Lessee agrees to inspect the complete rented/leased tool including and not limited to individual characters, before attempting to use the tool/equipment. Lessee also agrees to inspect the tool/equipment periodically and maintain that the tool/equipment is in a safe and usable condition. Lessee agrees to inspect lessee’s personal press/equipment/tools used to assist in the use of the leased/rented tool/equipment.

 

12. WAIVER OF CLAIMS. Lessee waives all claims for personal injuries, properly damage to the rented equipment, loss of time or inconvenience arising out of the use of the rented equipment, or any accident related to using the equipment. Lessor has no ties or assumed responsibility to Lessee’s personal equipment that is used in conjunction with Lessors rental/lease.

 

13. DAMAGE TO PROPERTY. Lessee waives all claims for loss or damage to property related to the use of the rental/lease.

 

14. DAMAGE. Lessor is not liable for damage to Lessee's goods that are being stamped, or equipment that is being used to stamp Lessee’s goods.

 

15. ACCIDENT NOTIFICATION. Lessee will immediately notify Lessor in the event of any accident.

 

16. TOOL/EQUIPMENT REPAIR OR REPLACEMENT. Lessee acknowledges that repair and replacement of stamping tool/equipment or any tool/equipment that was agreed upon renting, will result in the tool deposit not being refunded. This means Lessee agrees to forgive the deposit for the repair or replacement of returned tool in a damaged condition, regardless of the cause of the damage, reasonable wear and tear expected. Lessee is not to repair tool on their own or by anyone willing to or capable of repair unless agreed upon between Lessor and Lessee in writing.

 

17. LOADING AND UNLOADING GOODS IN PRESS, Lessee is responsible for proper and safe loading and unloading of equipment. If Lessors or his/hers employees assist in recommending or explaining how to unload or load the goods, Lessee agrees to assume the risk of, and hold Lessor harmless for, any property damage or personal injuries, including damage or injuries attributable to the negligence of the Lessor or his/hers employees.

 

18. THIS IS STRICTLY A RENTAL/LEASE AGREEMENT AND ALLOWS NO PROVISION FOR A RENT/PURCHASE OPTION.

 

19. INSURANCE. It is the Lessee's responsibility to provide insurance to cover his/her vehicle, parts/accessories/goods, goods transported, Lessees tool/equipment to assist in use of rental/lease, and damage to person or property. Lessor may ask for proof of insurance at any time.