Rental Agreement / Terms and Conditions

1. RENTER agrees to act as an insurer, assume and accept full and complete responsibility of all rented equipment until same is returned in satisfactory condition to SLX. SLX shall be the sole judge in determining whether said condition is satisfactory. RENTER shall also, at its own cost and expense during the entire rental period, keep and maintain all equipment in good condition, reasonable wear and tear excepted. If any equipment is lost, stolen, broken or damaged, whether or not RENTER is at fault, RENTER shall at SLX's choosing, immediately replace such equipment with a comparable kind and quality acceptable to SLX, or shall pay monetary damages sufficient for SLX to replace without depreciation and/or repair said equipment. RENTER is also fully liable and responsible to SLX for any lost business and/or sales as a result of the necessary replacement or repairs of said equipment, and shall compensate SLX in full.

2. RENTER agrees to indemnify and hold SLX harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney fees arising out of, connected with, or resulting from the rental/lease of any equipment, including motor vehicle, or the employment of any personnel provided by SLX hereunder provided; however, that RENTER shall have no obligation to indemnify and hold harmless SLX for his sole negligence or for the intention or wanton misconduct of any personnel by SLX hereunder.

3. RENTER shall secure and maintain (a) All Risk Physical Damage insurance including coverage for collision and upset and comprehensive losses to the equipment rented from SLX hereunder, and (b) Comprehensive General Liability and Business Automobile Liability insurance both in an amount of not less than $1,000,000 Combined Single Limit for personal injury, bodily injury and property damage. The Comprehensive General Liability form shall include the coverage parts for broad form contractual liability. The Business Automobile Liability policy shall include coverage for Hired and Non-Owned Automobile Liability and Physical Damage. RENTER shall provide certificate of insurance signed by an authorized representative of the RENTER's insurance company, evidencing that RENTER is in compliance with the insurance provisions of this agreement. RENTER shall have the insurance company providing coverage required hereunder add the interest of SLX as Additional Insured and Loss Payee as SLX's interest may appear in reference to any and all equipment provided by SLX under the terms and conditions of this Agreement. Any insurance certificate provided in accordance with this Agreement shall stipulate that SLX shall receive 30 days written notice of cancellation from the insurance company providing the required coverage prior to any cancellation or reduction in the limits of liability; each such certificate issued to SLX shall stipulate that the coverage's indicated on the insurance certificate shall be primary coverage and not contributing with any other insurance maintained by SLX. It is agreed that RENTER's insurance coverage shall commence at the time any of SLX's equipment leaves SLX's premises and shall remain in full force and effect until the equipment is returned to the premises of SLX unless SLX shall stipulate that such equipment is to be returned to a specific location other than SLX's premises.
RENTER agrees to provide adequate evidence that RENTER has met the insurance requirements as indicated herein by filing with SLX a fully executed Certificate of Insurance at or prior to the delivery of any equipment or vehicles rented or leased by RENTER hereunder.
RENTER agrees to indemnify, defend and hold SLX harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney fees arising out of, connected with, or resulting from the manufacture, alteration or modification by SLX, its employees or agents, of any equipment or vehicles supplied to RENTER pursuant to the agreement.
Equipment coverage shall be provided on replacement cost basis. If provided on actual cash value basis and in the event of loss and/or damage, RENTER shall pay the difference between the actual cash value and replacement cost.
It is further understood and agreed that RENTER shall be obligated for loss of rental income until such time as equipment is fully repaired and returned to SLX or full payment in settlement of loss received by SLX.

4. If RENTER fails to pay SLX within 30 days after payment is due, RENTER shall then pay as additional rent, a sum equal to 1 and ½ percent per month of the unpaid rent from the date said rent is due until the outstanding balance is paid in full.

5. RENTER shall pick up and return to SLX all equipment at RENTER's own risk and expense. The rental fee must be paid in advance and rent due shall be from the date of the scheduled pickup to the date said equipment is actually returned to SLX. No allowance will be made if any equipment or part thereof was not used for any portion of the rental period. RENTER shall pay additional rent for any equipment not returned by its due date and shall also be liable to SLX for any lost business and/or sales as a result thereof, and further, shall fully indemnify SLX if any claim is made against SLX if SLX is unable to fulfill its other obligations as a result of RENTER not returning said equipment in a timely fashion.

6. SLX or anyone acting on its behalf has the absolute right to enter the premises where said equipment is kept, at any reasonable time, for purposes of viewing the condition of the equipment.

7. SLX's acceptance of the return of the equipment does not release RENTER from any liability whatsoever, and further, is not a waiver of any claims, including claims for latent or patent damage, that it may have against RENTER. RENTER agrees to give SLX sufficient time, such time is to be solely determined with SLX, for SLX to inspect said equipment for any latent or patent damage.

8. RENTER agrees that said equipment shall not be removed to any foreign country without prior written consent of SLX. SLX may withhold such consent for any reason or no reason at all. If SLX gives such consent, RENTER must obtain, at its own expense, all proper and necessary insurance, and all requirements of paragraph 2 also apply to this paragraph 8 herein.

9. RENTER shall not under lease or loan any equipment to any person, firm or corporation and said equipment shall at all times remain under the immediate personal control and supervision of RENTER.

10. RENTER agrees not to remove or cover the tag or name plate on the equipment showing the ownership of SLX.

11. If RENTER shall default on any terms, covenants and conditions herein, or fails to make timely payments as due, or if any execution of legal process is commenced in any action of proceeding against RENTER whereby said equipment may seized or taken, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted by or against RENTER or its property, or if RENTER shall enter into any arrangement or composition with its creditors, or in the event that any judgment is obtained against RENTER, then in any of these aforementioned events, SLX shall have the option to retake immediate possession of said equipment, and for such purpose, SLX or anyone acting on its behalf has the absolute right to enter upon any premises where said equipment may be, and may remove said equipment there from, with or without force, and with or without notice of intention to retake, without being liable to any suit or action or other proceeding by RENTER.

12. SLX's retaking possession of any equipment as provided herein above, is in no way to be construed as releasing RENTER from its liability and obligations hereunder. At said retaking, this agreement shall thenceforth terminate, without prejudice to any right or claim for arrears of rent, if any, or on account of any preceding breach or breaches of this agreement, or the loss of rental for the balance of the unexpired term herein, and for any other claim that SLX may have against RENTER.

13. Under no circumstances shall SLX be liable to RENTER for any loss whatsoever or claim made against RENTER in the event any equipment does not work properly, or is unavailable or for any reason SLX is unable to fulfill its obligations hereunder. Such event will not release RENTER from this agreement and SLX's sole liability to RENTER is to replace or repair said equipment.

14. RENTER agrees to pay for all costs incurred by SLX in protection SLX's rights or property hereunder, including but not limited to, reasonable attorney's fees.

15. Unless otherwise agreed by SLX, RENTER shall provide screen credits to SLX for equipment and/or service provided as specified by SLX.

16. This agreement contains the entire understanding between the parties and no terms, representations or warranties, expressed or implied, not herein set forth in writing shall bind SLX. This agreement may not be changed or modified except by another written agreement signed by the parties to this agreement.

17. If any of the above paragraphs of this agreement are found to be invalid and unenforceable in any court proceeding or otherwise, said paragraph shall in no way effect the rest of this agreement and said remainder of this agreement shall still be in full force and effect.

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