- Renter, by his acceptance of the equipment herein above described, admits and covenants that he has a carefully inspected same, and that the mechanical parts of the rented equipment are in good working order, and that said equipment is in good, safe and serviceable condition, unless ATHENS TRACTOR & EQUIPMENT, LLC., hereafter referred to as ATHENS TRACTOR, is notified to the contrary in writing within twenty-four hours from receipt of equipment. Renter assumes responsibility of properly maintaining, greasing and operating equipment. If any defect is discovered, then and in that event the Renter specifically assumes liability for any injury or damage to himself, the equipment, and to third parties. Renter further agrees to hold ATHENS TRACTOR harmless from any claims whatsoever. Rented equipment is to returned in the same condition as when received, less normal wear. However, Renter covenants and agrees that in the event that any equipment returned requires repairs, the rental period shall continue to run at the expense of the Renter, and the Renter assumes responsibility for payment of rental sums accrued during the period said equipment remains idle while being repaired. And the rental rate during this period shall be computed pursuant to the terms originally contracted for between Renter and ATHENS TRACTOR while said equipment was in use by Renter.
- Renter is fully responsible for equipment, including responsibility for the loss thereof, destruction,or damage, whether with or without fault on the part of the Renter. Renter agrees to pay ATHENS TRACTOR for any repairs or replacements ATHENS TRACTOR established prices for similar repairs, parts or accessories. All replacement parts or accessories made to or placed in or upon the equipment rented and described within the body of this contract shall become a component part thereof and title thereto shall be immediately vested in ATHENS TRACTOR and shall be included under the terms hereof.
- Renter covenants and agrees that ATHENS TRACTOR, at its sole discretion, may terminate this contract and reclaim the equipment, if in the opinion of ATHENS TRACTOR, its officers, or representatives, said equipment is being operated or used in a manner detrimental to the best interest of ATHENS TRACTOR. If ATHENS TRACTOR exercises its option to terminate this contract and reclaim the rented equipment, the Renter covenants and agrees and hereby expressly authorizes ATHENS TRACTOR agents and servants to enter upon any property wherein said equipment may be situated at any time of the day or night and reclaim and take possession of the rented equipment. Said entry and repossession may take place by ATHENS TRACTOR, and it's agents without notice or demand, and without being guilty of any trespass or wrong.
- Upon default under any provision of this Rental Agreement, the Renter shall be liable for arrears of rent, if any, the expense of retaking possession and the removal of the equipment, court cost, attorneys fees in any amount equal to fifteen (15%) percent of the balance due at the time it is placed with an attorney, in addition to the balance of the rent due and owing to ATHENS TRACTOR.
- Renter agrees, at his expense, to keep the equipment insured to protect all interest of ATHENS TRACTOR against all risks of loss or damage from every cause whatsoever for not less than 100% of the then current value of said equipment and including the liability of ATHENS TRACTOR for public liability and property damage, and to have at least $500,000. Liability limit, name the lessor of (Athens Tractor & Equipment, LLC) as additionally insured with a liability hold Harmless Agreement. We also require that the Rental Agreement include a Certificate of Insurance with a minimum of 10 days Notice of Cancellation. ATHENS TRACTOR may but shall not be obligated to insure said property at the expense of the Renter.
- Renter agrees to use, operate and maintain said equipment in accordance with all laws, and not to sublet the same. Renter further agrees to keep the equipment free of levies,liens and encumbrances.
- It is understood and agreed by Renter and ATHENS TRACTOR that if any of these provisions shall contravene or be invalid under the laws of the State of Texas, or any other state of jurisdiction wherein said equipment is used, such contravention or invalidity shall not invalidate the whole agreement, but it shall be construed as if not containing the particular provision or provisions held to be invalid in said particular state, or jurisdiction, and the obligations or Renter and ATHENS TRACTOR shall be construed and enforced accordingly.