THIS AGREEMENT TO LEASE EQUIPMENT ("Lease") is made and effective by clicking on the order button below, by and between rentglass.com, ("Lessor") and current user ("Lessee").
Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor, certain tangible personal property.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (the "Equipment"): shown in the order preview at checkout.
The term of this Lease shall commence on the date shipper shows delivery of Equipment or in person pickup receipt is signed and shall expire in the amount of time shown in the order preview as the rental duration thereafter. If an in person pickup is scheduled to end on a non business day, it will be extended to the next business day and standard rental charges for the extended time will apply.
Lessee shall be responsible for transporting the Equipment to Lessor's premises.
4. Rent and Deposit and Cancellation
A. The rent for the Equipment shall be paid in advance in full, charged on the day the equipment is scheduled to leave Lessor's facility. A $10 fee may apply to orders cancelled more than 24 hours after the order was originally placed.
B. Lessee may be asked to pay a deposit in the following prior to taking possession of the Equipment. The deposit will be refunded to Lessee promptly following Lessee's performance of all obligations in this Lease.
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment.
6. Right to Lease.
LESSOR WARRANTS THAT LESSOR HAS THE RIGHT TO LEASE THE EQUIPMENT, AS PROVIDED IN THIS LEASE.
Lessee, at its own cost and expense, shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order. Any problems with the equipment must be reported to Lessor within 24 hours of receipt or malfunction.
8. Loss and Damage.
A. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever unless the "Optional Damage Waiver" is elected at checkout, in which case Lessee will not be liable for any damage beyond a $30 deductible per item damaged but will still be fully liable for any loss or theft. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect through the term of the Lease. The damage waiver does not apply to intentional damage, nor does it apply to gross misuse such as photographing the Sun without a proper solar filter.
B. In the event of loss or unwaived damage of any kind whatsoever to the Equipment, Lessee shall, at Lessor's option:
(i) Place the same in good repair, condition and working order; or
(ii) Replace the same with like equipment in good repair, condition and working order; or
(iii) Pay to Lessor the replacement cost of the Equipment.
Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the Equipment at Lessor's cost and expense via the shipping method of Lessor's choice. Lessee will be responsible for proper packaging of the return shipment, and will provide Lessor with proof of mailing or in person return upon request for a period of one (1) year after lease end.
Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at Lessee's expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, upon the Equipment or the purchase, use, operation or leasing of the Equipment or otherwise in any manner with respect thereto and whether or not the same shall be assessed against or in the name of Lessor or Lessee. However, Lessee shall not be required to pay or discharge any such tax or assessment so long as it shall, in good faith and by appropriate legal proceedings, contest the validity thereof in any reasonable manner which will not affect or endanger the title and interest of Lessor to the Equipment; provided, Lessee shall reimburse Lessor for any damages or expenses resulting from such failure to pay or discharge.
11. Lessor's Payment.
In case of failure of Lessee to pay fees, assessments, charges and taxes, all as specified in this Lease, Lessor shall have the right, but shall not be obligated, to pay said fees, assignments, charges and taxes, as the case may be. In that event, the cost thereof shall be repayable to Lessor within ten (10) business days, and failure to repay the same shall carry with it the same consequences, including interest at ten percent (10%) per annum, as failure to pay any installment of rent. Equipment not returned to shipper at end of lease will be automatically extended on a weekly basis using the same payment method as the original rental time unless another method of payment is provided by Lessee. Any stored credit card may be used to cover unpaid rental, replacement, or damage fees.
Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use of the Equipment, including without limitation the manufacture, selection, delivery, possession, use, operation, or return of the Equipment. This specifically includes but is not limited to loss of data on equipment provided by Lessor.
If Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:
A. To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee.
B. To sue for and recover all rents, and other payments, and costs associated with collection, then accrued or thereafter accruing.
C. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
D. To terminate this Lease.
E. To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor's remedies are cumulative, and may be exercised concurrently or separately.
Neither this Lease nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise any one or more of the remedies set forth in Section 13 hereof; and this Lease shall, at the option of the Lessor, without notice, immediately terminate and shall not be treated as an asset of Lessee after the exercise of said option.
The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
16. Additional Documents.
If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited to a UCC financing statement and ID showing Lessee is over 18 years of age.
17. Entire Agreement.
This instrument constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto.
Lessee shall not assign this Lease or its interest in the Equipment without the prior written consent of Lessor.
Headings used in this Lease are provided for convenience only and shall not be used to construe meaning or intent.
20. Governing Law.
This Lease shall be construed and enforced according to laws of the State of Kansas.
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are prima facie evidence of intent to defraud, punishable in accordance with section 812.155, Florida Statutes.
Rentglass.com reserves the right to cancel any order for any reason, including price mistakes.
[last updated 2019-01-04]