Rental Agreement

TERMS OF EQUIPMENT RENTAL AGREEMENT

THIS EQUIPMENT RENTAL AGREEMENT (“Agreement”) is made and effective by clicking on the “[I AGREE TO THE TERMS OF EQUIPMENT RENTAL AGREEMENT, SUBMIT THIS ORDER]” button (the “Button”), by and between KEH, Inc., (“Lessor”) and current user (“Customer”). By checking the Box, Customer agrees to be legally bound by this Equipment Rental Agreement and all the Terms and Conditions herein, whether or not Customer has read or understood them.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Customer agree as follows:

Equipment. Lessor shall lease to Customer the equipment more particularly described on the Customer Order Form which is expressly made a part hereof (hereinafter collectively referred to as the "Leased Equipment").
Term. This Agreement shall commence on the date hereof, and shall continue until for the number of days shown on the Customer Order Form (the “Term”), unless extended by the parties. The Term shall expire on the expiration date shown on the Customer Order Form and must be returned by Customer on or before the expiration date using the pre-paid shipping label and shipping directions provided by Lessor. Additionally, the Customer may be able to request an extension of the Term depending on whether the Leased Equipment is available, and in such case, upon acceptance by Lessor and payment of the fees for the extension period, the Term shall be automatically extended for the period set forth in the extension request.
Cancellation. Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs. Customer may cancel an order at any time, for any reason until the Lessor transfers possession of the Leased Equipment to the shipping company for shipment.
Rent. The Rental Fees and any required deposits shown on the Customer Order Form and any applicable deposits are payable in full in advance. The deposit shall be held by the Lessor as security for the return of the Leased Equipment in satisfactory condition, and shall be applied by Lessor against Customer’s obligations hereunder to return the Leased Equipment in a timely fashion and without additional damages or modification.
Late Returns. If Customer fails to ship the Leased Equipment on time prior to expiration of the Term (including any extensions thereof), Lessor shall charge a “late return fee” for each day past due equivalent to the average daily rate of the rental period originally selected. If a late return necessitates expedited shipment to the subsequent customer, the lessor shall also charge for the delivery fees incurred to ensure on time delivery. Any late return fees will be charged to the Customer’s form of payment (credit card or other) on file with Lessor or deducted from the deposit. In the event the Leased Equipment is not returned seven (7) days after the due date and Lessor has been unable to collect the applicable penalties, the Leased Equipment will be considered stolen, and the Customer’s form of payment will be charged the full replacement value of the Leased Equipment. If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Customer shall be considered to be in Default. Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost Leased Equipment.
Condition of Leased Equipment. Customer accepts the Leased Equipment on an "AS IS" basis, “WITH ALL FAULTS.” Customer agrees, by the acceptance of the Leased Equipment, that the Leased Equipment is in good operating order, repair, condition and appearance. At the expiration or sooner termination of the Term, or unless otherwise purchased by Customer hereunder, Customer shall return the Leased Equipment to Lessor in the same operating order, repair, condition and appearance as when received with the exception of reasonable wear and tear.
Lessor's Disclaimers. LESSOR IS NOT A MANUFACTURER OF THE LEASED EQUIPMENT, AND HAS NOT MADE AND DOES NOT HEREBY MAKE ANY REPRESENTATION, WARRANTY OR COVENANT WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PURPOSE, CONDITION, QUALITY, DURABILITY OR SUITABILITY OF THE LEASED PROPERTY IN ANY RESPECT OR IN CONNECTION WITH, OR FOR THE PURPOSES OR USES OF CUSTOMER, OR ANY OTHER REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND OR CHARACTER EXPRESSED OR IMPLIED, WITH RESPECT THERETO. IN NO EVENT, UNDER NO CIRCUMSTANCES SHALL LESSOR BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT OR INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY EQUIPMENT RENTED OR THE ALLEGED BREACH OF ANY AGREEMENT DESCRIBED HEREIN, EVEN IN THE EVENT THAT LESSOR OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer's Liability for Damage to or by Leased Equipment. Customer assumes all risks and liability for damage to the Leased Equipment from the use and operation thereof, and for injuries or deaths of persons and damage to real and/or personal property, however arising from or relating to such use or operation of the Leased Equipment. Customer shall immediately notify Lessor in writing of any damage to Leased Equipment that occurs while in Customer’s possession and/or submit photographs of the damage.
Use of Leased Equipment. Customer shall use the Leased Equipment in a careful and proper manner, in accordance with any applicable operating manuals and manufacturer’s requirements, and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Leased Equipment. Customer shall not make any alterations, additions or improvements to the Leased Equipment. All additions and improvements of whatsoever kind or nature made to the Leased Equipment shall belong to and become the property of Lessor on the expiration, or earlier termination, of this Agreement.
Lost, Damaged, or Modified Equipment. Customer assumes and shall bear the entire risk of loss of the Leased Equipment from any cause during the term of the Lease, including, without limitation, if the Leased Equipment is stolen, lost, or damaged in any manner. Customer shall keep the Equipment in good repair and condition. Customer shall not materially modify or alter the Equipment. In the event of any material modifications, Customer will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition. Customer assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the shipping company, during the Term of the Agreement. Unless pre-existing damage is reported to Lessor within 24 hours after Customer takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Agreement. In the event of damage, Lessor shall perform all required repairs unless the repair is of a nature that requires the Leased Equipment to be sent to the equipment manufacturer for repair. Customer is responsible for the total cost of repair; provided, however, that for in-house repairs Customer shall be responsible for Lessor’s reasonable expenses for parts and labor. Customer’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Customer’s form of payment cannot be successfully charged within 24 hours, the Customer shall be considered to be in Default. At Lessor’s discretion, a cleaning fee may be charged if the Leased Equipment is returned in an unclean condition.
Ownership of Leased Equipment. During the Term, the Leased Equipment shall at all times be the sole and exclusive property of Lessor. The Customer shall have no rights or property interests in the Leased Equipment, except for the right to use the Leased Equipment under the terms and conditions contained in this Agreement.
Representations and Warranties by Customer. Customer represents and warrants to Lessor that the making of this Agreement is duly authorized and that this Agreement constitutes a valid obligation binding upon, and enforceable against Customer in accordance with its terms.
Default. In the event of default (“Default”), all amounts owed by Customer to Lessor are immediately due. In the event of Default, Customer shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Customer including collection fees and attorney’s fees. Lessor reserves the right to pursue all available civil and criminal remedies against Customer, including but not limited to: recovering possession of the equipment, obtaining from Customer’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are cumulative and not exclusive.
Indemnification and Hold Harmless. The Customer agrees to assume full responsibility and liability for the safekeeping and return of all Leased Equipment accepted by Customer. Customer agrees to indemnify and hold harmless Lessor and any other persons to which Lessor itself may be responsible to indemnify and hold harmless, from any and all liability, claims, damages, costs and expenses arising from Customer’s breach or nonfulfillment of any term or condition of this Agreement or its use or operation of the Leased Equipment.
Miscellaneous.

Notices. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been given (i) when deposited in any United States postal facility, with sufficient postage affixed and properly addressed to the principal office of the respective party, for delivery by registered or certified mail, return receipt requested to the address of the intended recipient or (ii) when actually received by the intended recipient if delivered by hand delivery, nationwide air courier, telecopy or other form of facsimile transmission.
Waiver of Breach. It is hereby covenanted and agreed that no waiver of a breach of any of the covenants of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant.
Assignment. All rights of Lessor hereunder may be assigned, pledged, mortgaged, transferred, or otherwise disposed of, either in whole or in part, upon written notice to Customer. Customer may assign any or all of its rights hereunder only with the prior written consent of Lessor, which consent may be granted or withheld in Lessor’s sole and absolute discretion.
Relationship of Parties. It is understood and agreed that the relationship of the parties hereto is strictly that of lessor and lessee and that this Agreement shall not be construed as a joint venture or partnership. Customer is not and shall not be deemed to be an agent or representative of Lessor.
Captions. The captions in this Agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms and provisions hereof.
Georgia Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia without regard to its conflicts of laws principles.
Successors. All the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the administrators, successors and assigns of the parties hereto, provided that nothing in this Section shall be deemed to permit any assignment, subletting, occupancy or use contrary to the provisions of any other Section of this Agreement.
Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Customer’s acceptance of this Agreement, by clicking the Button, is evidence of Customer’s effective execution and delivery of this Agreement as to the parties and will be deemed to be the Customer’s original signature for any purpose whatsoever.