Ferris SRS™ Z3X 52″ Stand-On Mower Rental

Rental Policy

Rental Contract & Policy Summary

Rental Return Dates: All equipment must be returned on the date and time agreed upon. If you need the equipment longer, you need to contact us to ensure the equipment is not scheduled for another customer. *ref. articles #1 and #2 of contract

Hour Limits: If the hour limits are exceeded, an additional rental period will be charged. SteveCo’s definition of a Day is 8 hours, a Week is 40 hours, and a Month is 160 hours.  *ref. articles #1 and #2 of contract

Fuel: All machines go out with a full tank of fuel and must be returned with a full tank, or you will be charged for filling the tank. *ref. article #7 of the contract

Cleaning Charges: All equipment needs to return in the condition they left.  If the equipment is dirty upon return, a minimum $25.00 cleaning charge will be applied. *ref. article #7 of the contract

Damage to Unit: You are responsible for all damages incurred to the equipment during your scheduled timeframe or possession of the equipment. *ref. articles #3 and #14 of contract

Your Responsibilities: As a rental customer, you accept the following responsibilities.

• Furnish a qualified operator
• Ensure normal daily maintenance is performed, such as greasing, checking oil levels, tire pressures, etc.
• Inform SteveCo immediately of equipment failure, malfunction, or damage
• Return the equipment in a clean condition and fueled, or be willing to pay for our services
• Accept liability for maintenance expenses due to abnormal wear and/or damage to the equipment and the tires

GENERAL CONDITIONS OF EQUIPMENT RENTAL AGREEMENT (LEASE)

The conditions of the lease here below constitute a contract between the parties therein named which contract is hereafter referred to as “this Agreement”.

1. RENTAL PERIOD: The Rental Period shall cover all time consumed in transporting the equipment, including the date of legal delivery to a public carrier for transit to Lessee and upon return of the equipment, the date of legal delivery by such carrier to Lessor, or if no public carrier is used, shall include the date upon which transit to Lessee begins and the date upon which transit from Lessee ends at Lessor’s unloading point.

2. RENTAL CHARGES: The Lessee shall pay rental 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:

• Monthly Rental Rates shall not be subject to any deductions on account of any non-working time in the month. 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.
• 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. Daily and monthly rental rates stipulated in the List of Equipment contemplate an operating day of a regular single shift of eight hours, and for each hour over such eight hours that the equipment is operated, these rates shall be increased by the prorated hourly/daily rate.

3. DAMAGE WAIVER: Unless the damage waiver provision is declined by the Lessee because of providing proof of Liability Insurance, The Lessee is responsible for, but not limited to, the following:

• Excessive wear and tear of consumable parts such as cutting or grinding blades or wheels, saw blades, digging or cutting teeth, etc.
• Damage to tires or damage resulting from flat or damaged tires.
• Damage caused by operating equipment beyond its rated capacity.
• Damage caused by overturn or tipping of equipment.
• Damage caused by gross negligence or lack of lubrication or maintenance as set forth in the manufacturer’s service or operator manual, receipt of a copy of which is hereby acknowledged by the Lessee.
• Theft, fire, or mysterious disappearance.

4. INSPECTION: The Lessee shall, whenever requested, advise the Lessor of the exact location of the equipment. The Lessor or its representatives may, for the purpose of inspection, at any reasonable time, enter upon any job, building, or place where the equipment is located and may remove the same without notice to the Lessee, if the equipment is, in the opinion of the Lessor, being used beyond its capacity or in any manner improperly cared for or abused.

5. PAYMENT: The rent for any and every item of equipment described in the List of Equipment shall be the amount therein designated and is payable in advance or on the first day of each month. The Lessee shall pay the Lessor interest at (19%) or the highest lawful rate, whichever is greater, on any delinquent payment from the date when such payment was due until paid and on any other sum for breach of this Agreement, from the date of the breach, and expenses of collection or suit, including actual attorney’s fees.

6. SECURITY DEPOSIT: Any security deposit paid by the Lessee to the Lessor is paid to guarantee the Lessee’s full and faithful performance of all terms, conditions, and provisions of this Agreement. If the Lessee shall so perform, an equal sum shall be repaid without interest to the Lessee at the termination of this Agreement.

7. FEES, ASSESSMENTS, AND TAXES PAID BY LESSEE: The Lessee shall pay all license fees, assessments, and sales, use, property and excise, and other taxes or hereafter imposed, and relating to the Lessee’s use or possession of the equipment.

8. RECALL NOTICE: The Lessor may recall any or all equipment upon ten days written notice to the Lessee, and the Lessee may return any or all equipment upon a like notice to the Lessor.

9. MAINTENANCE AND OPERATION: The Lessee shall not remove, alter, disfigure, or cover up any numbering, lettering, or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless or unusually or needlessly rough usage; and the Lessee shall at his own expense maintain the equipment and its appurtenances in good repair and operative condition, and return it in such condition to the Lessor. Ordinary wear and tear resulting from proper use thereof alone is expected.

10. REPAIRS: The expense of all repairs made during the Rental Period, including labor, material, parts and other items shall be paid by the Lessee.

11. DISCLAIMER OF WARRANTIES: The Lessor, being neither the manufacturer, nor a supplier, nor a dealer in the equipment, makes no warranties, expressed or implied, as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, its design, its capacity, its performance, its material, its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts which provide for specific apparatus or special Methods. The Lessor further disclaims any liability whatsoever for loss, damage, or injury to the Lessee or third parties as a result of any defects, latent or otherwise, in the equipment. As to the Lessor, the Lessee leases the equipment “as is.” The Lessor shall not be liable in any event to the Lessee for any loss, delay, or damage of any kind or character resulting from defects in, or inefficiency of, the equipment hereby leased or accidental breakage thereof.

12. INDEMNITY: The Lessee shall indemnify the Lessor against, and hold the Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from the equipment or the Lease, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the equipment. The Lessee shall further indemnify the Lessor and hold the Lessor harmless from all loss and damage to the equipment during the rental period. The Lessee recognizes and agrees that included in this indemnity clause, but not by way of limitation, is the Lessee’s assumption of any and all liability for injury: disability and death of workmen and other persons caused by the operation, use, control, handling, or transportation of the equipment during the Rental Period.

13. RISK OF LOSS: The Lessor shall not be responsible for loss or damage to property, material, or equipment belonging to the Lessee, its agents, employees, suppliers, or anyone directly or indirectly employed by the Lessee while said material property or equipment is in the Lessor’s care, custody, and control or under the Lessor’s physical control. The Lessee is encouraged to obtain appropriate equipment, material, or installation floater insurance against such risk of loss. The Lessee and its insurers waive all rights of subrogation against the Lessor for such losses.

14. INSPECTION: CONCLUSIVE PRESUMPTIONS: The Lessee shall inspect the equipment within five business days after receipt thereof. Unless the Lessee within said period of time gives written notice to the Lessor, specifying any defect in or other proper objection to the equipment. The Lessee agrees that it shall be conclusively presumed, as between the Lessor and the Lessee, that the Lessee has fully inspected and acknowledged that the equipment is in full compliance with the terms of this agreement, in good condition and repair, and that the Lessee is satisfied with and has accepted the equipment in such good condition and repair. The Lessor shall have the right at any time to enter the premises occupied by the equipment and shall be given free access thereto and afforded necessary facilities for the purpose of inspection.

15. INSURANCE: The Lessee shall keep the equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value.

16. OWNERSHIP: The Lessor shall at all times retain ownership and title of the equipment. The Lessee shall give the Lessor immediate notice in the event that any of said equipment is levied upon or is about to become liable or is threatened with seizure, and the Lessee shall indemnify the Lessor against all loss and damages caused by such action.

17. DEFAULT; REMEDIES: If (a) the Lessee shall default in the payment of any rent or in making any other payment hereunder when due, or (b) the Lessee shall default in the payment when due of any indebtedness of the Lessee to the Lessor arising independently of this lease, or (c) the Lessee shall default in the performance of any other covenant herein and such default shall continue for five days after written notice hereof to the Lessee by the Lessor, or (d) the Lessee becomes insolvent or makes an assignment for the benefit of creditors, or (e) the Lessee applies for or consents to the appointment of a receiver, trustee, or liquidator of the Lessee or of all or a substantial part of the assets of the Lessee under the Bankruptcy Act, or any amendment thereto (including, without limitation, a petition for reorganization, arrangement, or extension) or under any other insolvency law or law providing for the relief of debtors, then, if and to the extent permitted by applicable law. The Lessor shall have the right to under any other insolvency law or law providing for the relief of debtors, then, if and to the extent permitted by applicable law. The 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 as to any or all items of the equipment, without notice or demand to Lessee. (b) To sue for and recover all rents, and other payments, then accrued or thereafter accruing, with respect to any or all items of his equipment. (c) To take possession of any or all items of the equipment without demand, notice, or legal process, wherever they may be located. The Lessee hereby waives any and all damages occasioned by such taking of possession. Any said taking of possession shall not constitute a termination of this lease as to any or all items of equipment unless the Lessor expressly notifies the Lessee in writing. (d) To terminate this lease as to any or all items of equipment. (e) To pursue any other remedy at law or in equality. Notwithstanding any said repossession or any other action which the Lessor may take, the 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 such remedies are cumulative and may be exercised concurrently or separately.

18. NO SUBLETTING ASSIGNMENT: No equipment shall be sublet by the Lessee, nor shall he assign or transfer any interest in this Agreement without the written consent of the Lessor. The Lessor may assign this Agreement without notice. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon, the heirs, successors, and assigns of the parties hereto.

19. REMEDIES CUMULATIVE: NO WAIVER; SEVERABILITY: All remedies of the Lessor hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of the the Lessor to exercise and no delay in exercising, any right or remedy, hereby shall operate as a waiver thereof; nor shall any single or partial exercise by the Lessor of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. If any term or provision of this lease is found invalid, it shall not affect the validity and enforcement of all the remaining terms and provisions of this lease.

20. EXPENSES: The Lessee shall pay the Lessor all costs and expenses, including attorneys’ fees, incurred by the Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.

21. ENTIRE AGREEMENT: This instrument constitutes the entire agreement between the Lessor and the Lessee; and it shall not be amended, altered, or changed except by a written agreement signed by the parties hereto.