1. Term of Agreement
The parties do herein bind themselves to the terms of this Agreement in regard to all equipment rented by Customer from McB Rentals from the date on the Rental Agreement until modified, terminated, or all obligations of the parties are fully satisfied. The name on Rental Agreement will be defined as ( “Customer” ).
2. Payments and Rental Price.
The Rental Agreement shall set the schedule amount, and manner of price that Customer owes to McB Rental. A credit card must be placed on file to confirm booking status. 100% of payment is due at Pickup.
Customer will not leave McB Rental with the Inventory until a full “ Inspection of Inventory ” form is completed and initialed by Customer and a McB Rental representative. Upon execution of said form Customer acknowledges that the equipment is in good condition and working order. All third party operators and handlers of equipment will be bound to Terms and Conditions.
If Customer requests, McB Rental will deliver the contents of Customer’s order to an address verified by McB Rental. All delivery costs will be provided in full by Customer — fully insured overnight delivery is required. Within one hour of delivery, Customer must notify McB Rental of any issues. If McB Rental does not receive any notification, Customer shall be deemed as in acknowledgement that all equipment is in good condition and working order. Inventory must be returned to McB Rental by the date specified on the Rental Agreement. An Inspection of Inventory must be completed before return delivery.
5. Uses and Care of Inventory
Customer agrees to use and maintain the equipment at their own expense, according to the Manufacturer’s Instructions, and per McB Rental’s instructions, if any. Customer may not make any modifications to the equipment without McB Rental’s prior written consent; such consent may be withheld in McB Rental’s sole discretion. Customer agrees that they will not misuse or abuse the equipment or use it in any unlawful way. Customer must obtain prior written consent from McB Rental to remove the equipment from the state or country; such consent may be withheld in McB Rental’s sole discretion. McB Rental logos and identification numbers must never be concealed or removed.
6. Damaged or Lost Equipment
Customer is solely responsible and liable for any and all loss, including theft, and/or damage to the equipment during the period covered by the Rental Agreement. In the event of any loss or damage to the equipment, Customer agrees to pay the rental rate during the period of time McB Rental is deprived of the equipment and until such time as it is repaired and/or replaced. McB Rental reserves up to 48 hours from when the item is returned to alert the Customer of any issues. In the event of any equipment damage, McB Rental must handle all and any repairs.
7. Equipment Valuation
Customer agrees that the value of the equipment, in the event of damage or loss requiring replacement of said equipment, is determined by the cost of a similar replacement device, as determined by McB Rental.
Customer agrees to assume full responsibility and liability for the safekeeping and return of all rented equipment accepted by Customer. Customer agrees to indemnify and hold harmless McB Rental and any other persons to which McB Rental may be responsible to indemnify and hold harmless, from any and all liability, claims, damages, costs, including legal fees, and expenses arising from Customer’s use, misuse and/or possession of the rented equipment.
9. Authority Warranty
Customer hereby warrants that any person which it directs or allows to receive equipment from McB Rental, or who shall sign for acceptance of equipment, is authorized by Customer to do so. This authorized person is bound to the same terms of this Agreement. Customer herein waives any obligation on the part of McB Rental to confirm said person’s authority to act on behalf of Customer.
10. Construction and Edits
In the event any parts of this Agreement are found to be void, the remaining provisions of this shall be binding. This document shall remain unedited unless a written Agreement is made between Customer and McB Rental.
11. Titles and Limitation of Liability
The sole title of ownership and all rights to ownership of the Equipment shall, at all times, remain with McB Rental. In no event shall McB Rental be liable to Customer or any third party for any loss, without limitation. Customer hereby agrees to assume full responsibility and liability for any such Claims and for the safekeeping and return of all Equipment rented by Customer.
This is a non-exclusive . Customer shall not sell, sublease, or loan the Equipment or assign any of its rights or obligations under this Agreement to any other person or entity.
13. Choice of Law
The laws of the State of the Nation shall govern this Agreement. Customer agrees that any action arising out of or relating to this Agreement shall be brought solely in a state or federal court sitting in the State of the Nation and Customer consents and submits to the jurisdiction of such court. In the event of any such action, McB Rental shall be entitled to full reimbursement of attorneys’ fees and court costs, in addition to any other recovery, from Customer.
Customer agrees that it shall not disclose the terms and conditions of the Contract or the discussions and negotiations that occurred between Company and Customer respecting the Contract and Rental Agreement to any third party, unless disclosure is required by law, and that it shall not disparage Company or any of its officers, directors or employees or McB Rental’s successors or assigns.