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GENERAL CONDITIONS OF LEASE

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The conditions of lease here below stated, together with the Agreement set forth on the reverse side of this sheet, constitute between the parties herein named a contract which is here after referred to as this Agreement.

1. Equipment Leased. The Lessor hereby leases to the Lessee and the Lessee hereby leases and hires from the Lessor, all machinery, equipment, and other property described in:

  1. The Schedule executed by the parties concurrently herewith or hereafter and made a part hereof; and,

  1. Any Schedule or Schedules hereafter executed by the parties hereto and made a part hereof; and,

  1. Any machinery, equipment or other property substituted for any machinery, equipment or other property listed on the Schedule(s) or substituted for any Scheduled Property. All said machinery, equipment, and other property are hereinafter called “equipment”. All Agreements are hereinafter collectively called the “Agreement”.

  1. Rental Period.

The Rental Period shall be in accordance with the Schedule and shall cover in addition all time consumed in transporting the equipment, including the date of legal delivery to a public carrier for transit to the Lessee and upon Lessor, or if no public carrier is used shall include the date upon which transit to the Lessee begins and the date upon which transit from the Lessee ends at the Lessor’s unloading point; providing, however, that when the equipment moves from one Lessee to another the rental period of the first shall not overlap that of the second.

The first rental payment is to be made before delivery of the equipment. Lessee shall pay with each rental payment as additional rental hereunder, a sum equivalent to any use tax applicable to this transaction imposed by any governmental body. Lessee shall deposit with Lessor at the time of payment of the first rental installment an additional amount equal to one (1) monthly/weekly (as applicable) payment of rent, which shall be retained by Lessor, without bearing interest and applied as and for the last monthly/weekly payment(s) of rent due under this Lease Agreement or any renewal hereof. All rent payments shall be made at the office of the Lessor, or at such other place as Lessor may from time to time designate by written notice to Lessee. All rent is payable without prior notice or demand, and without abatement, deduction, or offset of any amount for any cause.

  1. Determination of Rental Charges.

The Lessee will pay rental in advance for the entire Rental Period on each article of equipment named in the List of Equipment, at the rate therein stipulated and in accordance with the following:

  1. Monthly Rental Rates shall not be subject to any deductions on account of any non-working time in the month, but the amount of rent payable for any fraction of a month at the beginning or end of the Rental Period shall be the monthly rental rate, prorated according to the number of calendar days in such fraction, provided the equipment is rented for a minimum of one (1) month.

  1. Weekly Rental Rates shall not be subject to any deductions on account of any non-working time in the week, but the amount of rent payable for any fraction of a week at the beginning or end of the Rental Period shall be the weekly rental rate, prorated according to the number of calendar days in such fraction, provided the equipment is rented for a minimum of one (1) week.

  1. Daily Rental Rates shall not be subject to deductions for any non-working time in the day and shall be paid for each calendar day in the month except Sundays and legal holidays upon which the equipment is not operated. Daily, Weekly and Monthly Rental Rates stipulated in the list of the of Equipment contemplates an operating day of a regular single shift of of eight (8) hours, and for each hour over such eight (8) that the equipment is operated these rates shall be increased 10 Percent (10%) of the daily rate throughout such period as the equipment is so operated.

  1. Unit of Work Rates shall be paid for each unit of work in which the equipment participates and the amount of rental shall, unless otherwise agreed to in writing, be determined by the number of units shown in the supervising engineer’s or architect’s estimates.

Payment. If the Lessee fails to take equipment reserved for him or cancels this Agreement, the Lessee shall pay to the Lessor as the minimum amount due under this Agreement, 5 Percent (5%) of the total sum of values as shown under List of Equipment of each article of equipment, and shall pay as the minimum rental on each such article, loaded for transit to the Lessee, 10 Percent (10%) of such value.

All payments of rental shall be made monthly/weekly (as applicable) in advance.

Deferred payments shall bear interest at 18 Percent (18%), but the payment of this interest shall not waive the Lessor’s right as hereinafter stipulated to terminate this Agreement.

  1. Compliance with Laws and Regulations. Lessee shall conform and comply with all laws and regulations relating to the possession and use of the leased equipment, and save Lessor harmless against actual or asserted violations, and pay all cost and expenses of every character occasioned by or arising out of the use of such equipment and shall pay promptly when due all taxes and/or other public charges against or upon the leased equipment. Said taxes shall include but shall not be limited to local personal property taxes or use taxes, where applicable. Lessee shall further conform and comply with all laws, license, registration fees, and similar charges imposed on the possession or use of the equipment during the term of this Lease. In case any such charges shall remain unpaid, Lessor shall have the right to pay the same and charge such payments to Lessee as additional rental to be paid within the next monthly rental payment, plus 5 Percent (5%) Administrative Fee.

  1. Transportation. Lessor shall deliver the equipment to Lessee’s place of business or designated jobsite for the fee so noted or agreed to on the Lease Agreement. Lessee shall be responsible to Lessor for any damage occurring to the equipment while in Lessor’s possession. Should said equipment and/or items become damaged in transit or through any means, Lessee agrees to pay for parts and time necessary to put them in original operating conditions and that the rental rate shall exist until Lessor is reimbursed in full for damages. The Lessor will not be liable for any charges not expressly authorized by him.

Should the Lessee prefer to transport leased equipment himself, the Lessee, at his own expense, shall do all loading, unloading, installing, dismantling, and hauling, and shall pay all demurrage accruing at his own shipping and receiving point, and all freight and switching charges in both directions.

The Lessor may ship the equipment in accordance with this own judgment if shipping instructions are not furnished within two (2) days from the date of this Agreement, which expense shall accrue to the Lessee.

Lessee is responsible for having equipment accessible and available at time of pick up, otherwise rental charges will continue until equipment is accessible and available. A separate pick up charge will be made for each pick up trip required.

  1. Recalling and Returning Notice. The Lessor may recall any or all equipment upon three (3) days notice to the Lessee, and the Lessee may return any or all equipment upon a like notice to the Lessor.

  2. Alterations, Location, and Inspection of Equipment. Lessee shall use the equipment in the regular course of its business only. All modifications, replacements, additions, alterations, substitutions, and any other accessories or controls shall accrue to and become part of the equipment and become the property of Lessor. Lessee shall not so affix the equipment to realty as to change its nature to real property, and Lessee agrees that the equipment shall at all times remain personal property, no matter how attached or installed. Lessee shall keep the equipment on the premises where delivered, and shall not remove or attempt to remove the same without the prior written consent of the Lessor. Lessor shall have the right, during normal and reasonable hours, to enter upon the premises where the equipment is located in order to inspect, observe, service, repair, maintain, or otherwise protect the same, and Lessee shall cooperate in affording Lessor the opportunity to do so.

Lessee accepts and acknowledges that said equipment was found to be in good serviceable condition fit for use when received.

  1. Repairs. Lessee, at its expense, shall service, repair, and maintain the equipment, and supply parts and labor therefore during the term of this Lease for any repairs needed to keep the equipment in normal working conditions. All repairs made by Lessor during Lease period shall accrue to and be payable by Lessee.

Flat tires shall be repaired by the Lessee at no cost to the Lessor.

  1. Supplying Operators. Unless otherwise mutually agreed in writing the Lessee shall supply and pay all operators employed on the equipment during the Rental Period, and shall employ none thereon who are incompetent to perform their respective duties. Should the Lessor furnish any operators or other workmen for the equipment, they shall be employees of the Lessee during the Rental Period and the Lessee shall pay them such salary wages and all other applicable costs on his regular pay days and provide them with such traveling expenses, board, and lodging as may be agreed between the Lessee and the Lessor. The Lessee shall provide and pay for all Workers’ Compensation Insurance and pay all payroll taxes required by law and applying to such operators and workmen.

  1. Damage to Equipment. The Lessee shall indemnify the Lessor against all loss and damage to equipment during the Rental Period and the appraisal of any such loss or damage shall be based on the equipment values shown by the List of Equipment and as determined by the Lessor. Any shortage or damage claim of the Lessee shall be made known to the Lessor within two (2) days after receipt of equipment, or such claim shall be void. Lessor shall within fourteen (14) days following return of equipment from Lessee, endeavor to determine extent of any damages or shortages however shall not jeopardize his rights or recovery for failure to meet such deadline.

  1. LIABILITY OF LESSEE. LIABILITY FOR INJURY, DISABILITY AND DEATH OF WORKMEN (INCLUDING EMPLOYEES OF LESSEE) AND OTHER PERSONS CAUSED BY THE OPERATION, HANDLING OR TRANSPORATION OF THE EQUIPMENT DURING THE RENTAL PERIOD SHALL BE ASSUMED BY THE LESSEE AND LESSEE SHALL INDEMNIFY THE LESSOR AGAINST ALL SUCH LIABILITY AND LESSEE EXPRESSLY WAIVES WORKERS’ COMPENSATION IMMUNITY.

THE LESSEE SHALL ALSO INDEMNIFY THE LESSOR AGAINST ALL LOSS, EXPENSE AND PENALTY ARISING FROM ANY ACTION ON ACCOUNT OF DAMAGE TO PROPERTY OCCASIONED BY THE OPERATION, HANDLING OR TRANSPORTATION OF ANY EQUIPMENT DURING THE RENTAL PERIOD.

THE LESSEE HEREBY ABSOLVES THE LESSOR OF ANY RESPONSIBILITY OR OBLIGATION IN THE EVENT OF DAMAGES, INJURIES AND ACCIDENTS REGARDLESS OF CAUSES OR CONSEQUENCES (INCLUDING, BUT NOT LIMITED TO, LESSOR’S NEGLIGENCE) AND THAT ANY COSTS, CLAIMS, COURT COSTS OR ATTORNEYS’ FEES OR LIABILITY RESULTING FROM USE OF SAID EQUIPMENT AND/OR ITEMS WILL BE INDEMNIFIED BY THE LESSEE REGARDLESS AGAINST WHOM THE CLAIMANT OR CLAIMANTS INSTITUTE ACTION.

  1. Attachment. Lessee acknowledges that this rental equipment is or may be equipped with a hydraulic bucket, quick-coupler and Lessee agrees to inspect and maintain this equipment on at least a daily basis and complete inspection reports daily, a copy of which is attached hereto, and confirm the safe and proper operation of the equipment and release and indemnify Lessor from any related liability as more fully set forth in paragraph 11 of the General Conditions to this Lease.

Furthermore the Lessee holds harmless the Lessor for any damages, costs, claims, court or attorney fees for liability resulting from the use of said equipment and/or items.

  1. Title. Lessor shall at all times retain sole and exclusive title of the equipment. Lessee shall not in any manner represent that he is the owner or partial owner of the equipment, or that he has the option to purchase said equipment, unless agreed to herein, nor shall he do anything to impair or destroy Lessor’s vested rights in and to said equipment, it being understood by the parties hereto that lessee holds possession of the equipment only as a Lessee subject solely to the terms and conditions herein provided. Lessee shall not change, remove, nor in any manner alter any insignia or lettering which appears on the equipment at the time of delivery, or which is thereafter placed upon the equipment indicating Lessor’s ownership thereof. At any time during the lease term Lessor may affix, or upon Lessor’s request, Lessee shall affix to the equipment, in a prominent place, labels, plates, or other marking supplied by Lessor stating that the equipment is owned and/or leased by Lessor. Lessee shall, at its own expense, protect and defend Lessor’s title, at all times.

  1. Termination of Agreement. Should the Lessee defer any payment more than five (5) days, or become bankrupt, or fail to maintain and operate or to return the equipment as provided by this Agreement, or substantially violate any provision thereof, the Lessor may, after one (1) days notice terminate this Agreement, take possession of the equipment without becoming liable for trespass and recover all rental due, full damages for any injury to, and all expenses incurred in returning the equipment.

  1. Insurance. The Lessee shall, at his own expense, maintain liability, inland marine and fire insurance and such other insurance as may be requested by the Lessor in advance of shipment.

The Lessee agrees to provide physical damage protection on the equipment and/or items listed in the Lease. Such insurance is to cover the normal risks and perils as provided in the standard all risk contractors equipment floater policy. The Lessor shall be named as sole loss payee under such insurance. Said equipment and/or property is to be insured for the full value amount shown on the front of the Lease and the rental rate payment obligation shall continue and exist until Lessor is reimbursed in full in the event of theft or loss relating to said equipment and/or property. A current approved certificate of insurance is required.

The Lessee agrees to add Lessor as an additional insured onto Lessee’s liability insurance policy for any and all claims or suits arising out of the operation, handling, use or transportation of the equipment during the rental period and/or while the equipment is in the possession of and/or under the control of Lessee or Lessee’s employees or agents. The per occurrence limit of such insurance shall be at least $2 million dollars including any insurance provided by an Umbrella liability policy.

Evidence of such insurance shall be provided to Lessor upon request but failure of Lessor to receive proof of such insurance does not release Lessee and the insurance requirement is not waived for any reason.

  1. Bond. If requested by the Lessor, the Lessee, at his own expense, shall furnish a bond in amount of the value of the equipment as shown by the List of Equipment, and with sureties satisfactory to the Lessor, to insure fulfillment of this Agreement.

  1. Subletting. No equipment shall be sublet by the Lessee, nor shall he assign or transfer any interest in this Agreement without written consent of the Lessor, nor move the equipment out of state unless specified in this contract without the written consent of the Lessor.Lessee will not permit any other person or persons to use said equipment and/or items or any part thereof.

  1. Maintenance of Equipment. The Lessee agrees to maintain said equipment and/or items in the same condition as when delivered by the Lessor, usual wear and tear expected (as determined by Lessor), and return said equipment and/or items in as good condition as when received.

  1. DISCLAIMER OF WARRANTIES. LESSOR MAKES NO WARRANTIES WHATSOEVER IN RESPECT TO THE EQUIPMENT ORDERED HEREIN. SPECIFCALLY LESSOR DISCLAIMS ALL IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY.

  1. DISCLAIMER OF TORT LIABILITY. LESSEE SPECIFICALLY UNDERSTANDS AND AGREES THAT LESSOR, AND LESSOR’S OFFICERS, AGENTS, AND EMPLOYEES, SHALL NOT BE LIABLE IN TORT-WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF TORT LIABILITY-FOR ANY ACTION OR FAILURE TO ACT IN RESPECT TO THE MANUFACTURE, PREPARATION FOR SALE, SALE, DELIVERY, OR SERVICING (INCLUDING THE ENTRANCE OF LESSOR’S PERSONNEL ONTO LESSEE’S PROPERTY FOR DELIVERY, SERVICE, OR FOR PARTIES’ INTENT AND THE INTENT OF THIS PROVISION TO ABSOLVE AND PROTECT LESSOR AND LESSOR’S OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL TORT LIABILITY). INCLUDING, BUT NOT LIMITED TO, LIABILITY CAUSED OR ALLEGED TO BE CAUSED BY LESSOR OR ANYONE ACTING ON BEHALF OF LESSOR AND REGARDLESS OF WHETHER CLAIM OR SUIT IS BROUGHT BY LESSEE’S EMPLOYEES OR ANY OTHER PERSON OR ENTITY.

21.EXCLUSIVE REMEDY AND EXCLUSION OF CONSEQUIENTIAL DAMAGES

LESSEE SPECIFICALLY UNDERSTANDS AND AGREES THAT LESSEE’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY, TORTIOUS CONDUCT, OR ANY OTHER CAUSE OF ACTION AGAINST LESSOR OR LESSOR’S OFFICERS, AGENTS, OR EMPLOYEES, IF ANY, SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS AT LESSOR’S DISCRETION AND AT LESSOR’S REGULAR PLACE OF BUSINESS DURING NORMAL WORKING HOURS OR SUCH OTHER PLACE AS DESIGNATED BY LESSOR AND SHALL RETURN THE EQUIPMENT TO LESSEE’’ OWN PLACE OF BUSINESS AND THE COSTS OF SUCH DELIVERY AND SUCH RETURN, SHALL BE BORNE BY LESSEE. LESSEE SPECIFICALLY UNDERSTANDS AND AGREES THAT NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, OR SPECIAL INCIDENTAL LOSS) SHALL BE AVAILABLE TO LESSEE.

  1. Safety and Health Standards. Use of equipment leased herein may require Lessee to comply with various Federal, State, or Local laws, rules regulations, or safety codes including, but not limited to, the Occupational Safety and Health Act (“OSHA”), current regulations and standards applicable under OSHA (“OSHA Standards”), and the Federal Coal Mine Health and Safety Act of 1969 (“Coal Mine Act”). Lessee acknowledges that Lessor has instructed Lessee that the equipment leased herein may require certain additional safety guards and devices before it can be used in compliance with the dictates of applicable Federal, State, or Local laws, rules, regulations, or safety codes (including OSHA, the OSHA Standards, and the Coal Mine Act). LESSEE HEREBY ASSUMES THE ENTIRE RESPONSIBILITY FOR THE INSTALLATION OF SUCH SAFETY GUARDS AND DEVICES AS FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, OR SAFETY CODES (INCLUDING OSHA, THE OSHA STANDARDS, AND THE COAL MINE ACT) MAY DICTATE NOTWITHSTANDING THAT LESSOR MAY NOT PROVIDE SUCH GUARDS OR DEVICES WITH THE EQUIPMENT ORDERED HEREIN. LESSEE HEREBY RELEASES LESSOR AND LESSOR’S OFFICES, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS ARISING FROM ANY USE OF THE EQUIPMENT ORDERED HEREIN IN VIOLATION OF THE DICTATES OF ANY FEDERAL, STATE, OR LOCAL LAWS, RULES, REGULATIONS, OR SAFETY CODES (INCLUDING OSHA, THE OSHA STANDARDS, AND THE COAL MINE ACT).

  1. Law Governing. This Agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, notwithstanding delivery by Lessor in a state other than Pennsylvania. Any suit by Lessee for breach of any resulting contract, for any alleged tortious conduct, or any claim whatsoever brought in law or in equity must be filed within one (1) year from the date the cause of action accrues or be forever barred. Any such suit by Lessee must be brought in the United States District Court for the Western District of Pennsylvania, or any proper Pennsylvania State Court located in Allegheny County, Pennsylvania.

  1. Integration. This Agreement represents the complete understanding and agreement between the Lessor and Lessee and cannot be modified except by express written consent of both parties.

  1. Confession of Judgment. Upon failure to pay any invoice within thirty (30) days of the due date, Lessee does hereby empower any Attorney of any Court of Record within the United States or elsewhere to appear for Lessor and confess judgement against Lessee, as of any term for any or all of the above sums, with costs of suit and Attorney’s commission of 10 Percent (10%) for collection and release of all errors, and without stay of execution and inquisition, and extension upon any levy on real estate is hereby waived, and condemnation agreed to and the exemption of personal property from levy and sale on any execution hereon is also hereby expressly waived and no benefit of exemption be claimed under and by virtue of any exemption law now in force or which may be hereafter passed.

 

RENTAL EQUIPMENT SERVICE POLICY


Customers of OAKDALE EQUIPMENT CORPORATION (“OEC”), who rent equipment on a bare-rental basis are responsible for the inspection, operation, use, maintenance, and repair of the equipment in customers possession. Customers, therefore, must perform the following items at their expense.

  • Inspect the equipment prior to use and on a daily, monthly, and annual basis as per the applicable requirements
  • Ensure that the equipment is operated only by competent persons
  • Perform preventative maintenance on the equipment in accordance with the manufacturer’s recommendations
  • Adjust and/or repair the equipment to ensure that the equipment is in a safe working condition and complies with OSHA regulations

Customers also are responsible for returning the equipment in the same condition as when delivered, ordinary wear and tear expected. Any damage to the equipment (including starters and alternators) resulting from failure to maintain or care for the equipment, abuse of the equipment, operation of the equipment under abnormal or unreasonable conditions or any other cause, accidental or otherwise, is the customers responsibility. Tire wear shall be determined by the percentage of wear incurred during the rental period as fixed by independent appraisal to be obtained promptly by OEC following the rental period.

At the customer’s request, OEC will perform maintenance, adjustments or repairs to the equipment. OEC will charge its customers for all service work, except in those cases where the conditions necessitating the service work results from ordinary wear and tear to the equipment. The charge to customers for such service work will be for labor (at the hourly service charge in effect and based on portal to portal determination), transportation costs and parts and materials.

OEC will provide repair service if requested. For service performed other than during normal working hours, customers will be responsible for the difference between the straight time rate and the applicable overtime rate that is in effect at the time of service.

Upon arrival at a job site, OEC’S personnel shall have access to the equipment to begin operations within one (1) hour of arrival. Excessive time is a chargeable item to customer’s account.

Upon termination of the rental, the equipment will be returned to OEC’S yard for inspection. Should there be any damages for which the customer is responsible, OEC will invoice you for these damages under the same purchase order as the rental.

OEC will attempt to notify you of any charges in a timely manner. Your cooperation in this matter is appreciated. Should you have any questions concerning the charges, please contact our Service Department.

OEC assumes no responsibility for labor back charges due to downtime. However, every effort will be made to minimize downtime.