44998 SD-28, Lake Norden, South Dakota
Rental Charges: Customer agrees to pay the rental charges specified for each item of equipment rented for each time period, plus wear or similar charges .
Payment: Customer agrees to pay all rental charges in advance or immediately upon returning the equipment.
Rental Period Rate Basis: Rental charges shall begin to apply when the equipment leaves the premises and stops when it is returned.
Inspection: Customer agrees that Customer has been given an opportunity to carefully inspect and test the equipment prior to removing it from the premises, and has found it to be in good working order.
Proper Use and Location: The equipment stated shall be used only at the address listed on the contract and for the sole purpose for which it is intended.
Unsafe Equipment: Customer shall immediately discontinue the use of any equipment which, while in the Customer's possession, becomes unsafe or is observed to be in state of disrepair, and shall notify KDM Equipment of same. Customer shall also immediately notify KDM Equipment of any accident involving the rental equipment.
Age of Operator: The operation of any rented equipment by any operator under the age of 18 years is strictly prohibited.
Customer acknowledges that training, safety equipment, and instruction materials were made available to them at time of rental. Customer also agrees that the appropriate safety apparatus will be used when operating the rental equipment.
Damaged, Lost, Stolen or Dirty Equipment: Customers assumes the entire risk of loss or damage with respect to the equipment regardless of cause. If equipment is lost, stolen, or accidentally destroyed, Customer shall immediately notify KDM Equipment. All costs of repairs to damaged but repairable equipment will be borne by Customer. Customer shall pay a reasonable cleaning charge for equipment that is returned dirty.
Customer to Indemnify: Customer agrees to indemnify and defend KDM Equipment against any and all cost, expenses, claims or judgments, including reasonable attorney's fees, investigation cost, defense expenses and court costs for or on account of any personal injuries or property or consequential damage sustained by Customer. Customer's agents and or employees or others affected by Customer's actions or failure to act, which are in any manner connected with or related to the use, misuse, or failure on any equipment.
Warranties - Representations: Except as specifically provided herein. KDM Equipment warrants only that the equipment, when delivered to Customer, will be in good operating condition. If any equipment shall require repair or recalibration, Customer shall notify KDM Equipment immediately and obtain KDM Equipment's consent before any remedial action is taken or any equipment returned. KDM Equipment shall not be responsible for any delays or failure in making repairs, recalibration or replacement due to the unavailability of parts or any other causes beyond KDM Equipment's reasonable control.
IN NO EVENT SHALL KDM EQUIPMENT BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, SUCH AS LOST PROFITS, LOSS OF REVENUE, LOSS OF, USE OF OR DAMAGE TO OTHER EQUIPMENT, COST OF SUBSTITUTE EQUIPMENT, OR DOWN TIME COST.
Customer acknowledges and understands that KDM Equipment may add fuel charges to any item returned not fully refueled.
