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HomeMy WebLinkAboutPR 20469: AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF RENTAL FEES FOR AN EXCAVATOR FROM GOLDEN TRIANGLE INDUSTRIES, INC. ' 401•4 City of .. Pyr ' A 4 nrl ,.IhItr Texas INTEROFFICE MEMORANDUM Office of Safety & Risk Management Date: September 14, 2018 To: Harvey L. Robinson, Interim City Manager From: Trameka A. Williams, Acting Asst. Director of Human Resou RE: A Resolution Authorizing the City Manager to Execute Settlement of Rental Fees for an Excavator from Golden Triangle Industries, Inc. Nature of the request: On June 24, 2018, Johnny's Towing and Recovery hauler struck an underpass at Memorial Blvd. and Bluebonnet Ave. damaging Streets Unit #1990. Staff Analysis, Considerations: As a result of the damages to Streets Unit #1990, a rental excavator was needed to proceed with projects in the department. The equipment was rented from Golden Triangle Industries, Inc., on a monthly basis. A claim was filed with Johnny's Towing and Recovery's insurance, Liberty mutual Insurance. Liberty Mutual Insurance has issued payment in the amount of$6,138.75 for the first month's rental. Recommendation: I recommend approval of Proposed Resolution No. 20469 authorizing the City Manager to execute settlement of rental fees for an excavator from Golden Triangle Industries, Inc. in the amount of$6,138.75 made against Liberty Mutual Insurance as a result of Property Damage to Unit#1990. Budget Considerations: No budgetary impact. "Remember we are here to serve the Citizens of Port Arthur" P.R. No. 20469 09/14/18 TAW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT OF RENTAL FEES FOR AN EXCAVATOR FROM GOLDEN TRIANGLE INDUSTRIES, INC. IN THE AMOUNT OF $6,138.75 MADE AGAINST LIBERTY MUTUAL INSURANCE AS A RESULT OF PROPERTY DAMAGE TO STREETS UNIT #1990 WHEREAS, on June 24, 2018, Johnny's Towing and Recovery hauler struck an underpass at Memorial Blvd. and Bluebonnet Ave., damaging Streets Unit#1990; and, WHEREAS, the damages were significant and a rental was needed to proceed with projects in the department. The equipment was rented from Golden Triangle Industries, Inc., on a monthly basis. The tenure of the rental is paid through Johnny's Towing and Recovery's insurance company; and, WHEREAS, as a result of the damage, a claim was filed with Liberty Mutual Insurance; and, WHEREAS, Liberty Mutual Insurance has issued payment for the first month of rental for the excavator in the amount of$6,138.75. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That, the facts and opinions in the preamble are true and correct. Section 2. That, the City Manager is hereby authorized to execute settlement in the amount of $6,138.75 for the claim against Liberty Mutual Insurance in substantially the same form as delineated in Exhibit "A". Section 3. That, a copy of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED this day of , AD, 2018, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 1/4 /f (� Val Tizeno, Ci Attorney APPROVED FOR ADMINISTRATION: Harvey L. Robinson, Interim City Manager EXHIBIT "A" 4, Liberty 1677419 ' �GMutual. INSURANCE ISSUE DATE AUG 7 , 2018 CLAIM N0 . 177037496039 CLAIMS ACCOUNTING ACS REF NO . 06A181921983 P . O . BOX 461 POLICY NO . 01CI813776 ST. LOUIS , MO 63166-0461 LOSS DATE 06-24- 18 ADJUSTER : JOHN SOTTO AGENT: 94-0062 PHONE NO : 1-800-332-3226 TRINITY TRANSPORTATION SERVICE CITY OF PORT ARTHUR P . O . BOX 1089 PORT ARTHUR TX 77640 COVERAGES PAID THIS CHECK : 6 , 138 . 75 GKL APD PROPERTY DAMAGE **6 , 138 . 75 TOTAL PAID THIS CHECK INSURED: JOHNNY' S TOWING & RECOVERY, INC. CLAIMANT: CITY OF PORT ARTHUR IN PAYMENT OF : GOLDEN TRIANGLE INV.#1028677-0001 pcsNT-NR CAREFULLY DETACH CHECK BEFORE DEPOSITING-RETAIN STATEMENT FOR YOUR RECORDS ■■ VERIFY THE AUTHENTICITY OF THIS MULTI-TONE SECURITY DOCUMENT. IW CHECK BACKGROUND AREA CHANGES COLOR GRADUALLY FROM TOP TO BOTTOM. SCC 3E 003362 The Northern Trust Company 16774195 •, LibertyChicago,IL Safeco Insurance Companies - � J Payable through Oakbrook Terrace, CHECK DATE 0-2382 P.O.Box 461 Mutual. AUG 7, 2018 779 Saint Louis,MO 63166-0461 INSURANCE B Code 50-380 Claim No.06A181921983 Voucher No.2191024 $ **6 , 138 . 75 VOID IF NOT PRESENTED WITHIN SIX MONTHS OF ISSUE DATE OF CHECK PAY SIX THOUSAND ONE HUNDRED THIRTY—EIGHT DOLLARS AND 75/100 TO THE CITY OF PORT ARTHUR ORDER OF P . O . BOX 1089 - PORT ARTHUR TX 77640 TWO SIt •TURES REQUIRED IF A••UNT E(CEEDS 5500,000 GOLDEN TRI ANGLE I NDUSTR I ES I NC RENTAL AGREEM ENT Contract #. . 1028677 Page: 1 18803 HWY 62 SOUTH Contract dt. 6/27/18 ORANGE, TX 77630 Date out. . . . 6/25/18 30 AM 409-735-7368 Est return. . 7/23/18 30 AM 409-735-7873 Fx Job Loc LAKE ARTHUR DRIVE, PORT ARTHUR Job No 1 - CITY OF PORT ART Written byDOUG CRAIG Customer: 5253 Job Site: CITY OF PORT ARTHUR CITY OF PORT ARTHUR PO BOX 1089 LAKE ARTHUR DRIVE PORT ARTHUR, TX 77641 PORT ARTHUR, TX 77642 C#: 409-983-8160 J#: 409-983-8160 Ordered By: Purchase Order Number. Yard Person: Terms: KEVIN CHRISTOPHER NEEDED DC Net 30 days Insurance Expiration Date: Sales Representative: System Time: Termination Date: DOUG CRAIG 6/27/18 2:32 PM 7/23/18 30 AM Qty Equipment # Day Week 4 Week Amount 1 TH5288 EXCAVATOR, 200 840.00 2100.00 5250.00 5250.00 Make: SANY Model : SY215C Ser #: 12SY021DJ5288 HR OUT1 2173.00 SALES ITEMS: Qty Item number Description Unit Price 1 CALL CALL OUT EA 200.00 200.00 2 hr Emergency Cal lout 1 PICKUP PICKUP EA 400.00 400.00 1 TDSC TEXAS DIESEL SURCHARGE 1 .5% EA 78.75 78.75 1 THEITX HEAVY EQUIP INV TAX EA 105.00 105.00 THEITX Tax includes .002115% of rental amount 2 hr Emergency Cal lout 1 ENV ENVIRONMENTAL FEE EA 105.00 105.00 DELIVERY INSTRUCTIONS: Kevin christopher-988-6857 Sub-total : 6138.75 Damage waiver: 630.00 Exempt: Total : 6768.75 CONTINUED IF THE EQUIPM ENT DOES NOT WORK EQUIPMENT USAGE ALLOWED, 8 HRS DAY CUSTOMER IS RESPONSIBLE FOR REFUELING, PROPERLY, NOTIFY THE OFFICE AT ONCE 40HR WEEK, 160 HRS 4-WEEK, OT WILL APPLY DAMAGES, REPAIRS OR TIRE REPAIRS I have read and agree to all of the terms and conditions hereon and all terms and conditions in the Master Equipment Rental Agreement("Agreement")which Is incorporated on the reverse side of this Agreement.If there is any conflict in terms,the Agreement shall prevail.I acknowledge receipt of the equipment delivered In good order,and a copy of this and the Agreement.Signer represents that they are the authorized agent or employee Customer.This and the Agreement represent the entire agreement between us,and there are no oral or other representations or agreements.None of the terms or conditions of this document and the Agreement may be amended or modified,except in writing,signed by both of us.Customer is responsible for all repair or replacement as provided in the Agreement.Customer hereby authorizes company to send advertisements and solicitations to customer by e-mail or facsimile transmission or otherwise.Rental rates based on13 working hours per day, 40 hours per week,160 hours per fotr week period.Overtime charged on overages.The Customer's signature Indicates your understanding of and acceptance of responsibility for operator training requirements and licensing requirements as required by applicable local,state,and federal regulations.Customer has inspected the equipment and if any equipment is not operating property at time of receipt,you must contact us within one(1)business day.If equipment is shipped via Customer provided transportation or a third party,such as a truck wrier,claims for damages in shipment must be made exclusively with that carrier or its insurance. II I I III III II I II I II I II I II I I II II I I III I I II IIIIIII II I II I II I II I I II III X X CUSTOMER SIGNATURE NAME PRINTED DELIVERED BY T0UTP0 • Terms and Conditions of Rental The Lessee of before mentioned rental equipment agrees to the following conditions: -LESSEE acknowledges that it understands the hazardous nature of the EQUIPMENT and that LESSEE will warn, protect, and train, as appropriate, all persons who may be exposed to those hazards. LESSOR will provide all necessary maintenance schedules upon request. LESSEE is aware that OSHA regulations may require LESSEE to train employee to properly operate and/or modify equipment according to laws required. LESSEE understands that the PRODUCT(s) must not be used without first consulting the Operating and Maintenance MANUAL. LESSEE shall make sure that all employees, customers, and persons who maintenance the EQUIPMENT, send copies of the maintenance records to the Lessor. -Accepts full responsibility and liability for any and all damages to before mentioned rental equipment due to Improper maintenance, operation, and/or lubrication, fire, freezing, hailstorm, windstorm, riot, insurrection, flood, strike, explosion, collision, upset, damages while being transported, loaded, unloaded, or for any causes whatsoever other than ordinary wear and tear. LESSEE assumes all liability for loss, damage, or injury to persons or to property of LESSEE or others arising out of the delivery, presence or use of the EQUIPMENT whether used singly or in combination with other substances. To return all before mentioned equipment and accessories to Lessor's warehouse, in as good condition as when received, except for ordinary and customary wear and tear. -LESSEE is responsible for all routine maintenance such as lubrication and filter changes and all said costs if in possession of LESSEE for the entire cycle or period, but not limited to 200 hours. Routine maintenance records are the responsibility of the LESSEE and will be made available upon request in writing from LESSOR, no less than five days from date on request. -To Indemnify and fully hold harmless the Lessor from all suits or claims for injuries, loss or damage to persons or property while before mentioned equipment is in Lessee's possession, regardless of the grounds of said suits or claims, including the fault of the Lessor, and to notify the Lessor immediately in writing upon learning of the existence of any incident which may give rise to any such suits or claims. -To inform the Lessor of the location of the rented equipment at all times. Failure by the Lessee to inform the Lessor of the location of the rented equipment after written demand to do so shall immediately double the rental rate charged until the equipment is located and the Lessor is so notified. The Lessee agrees to pay all expenses incurred in locating the rented equipment. -Agrees not to assign or transfer rented equipment either directly or indirectly. Not to permit or commit any act whereby before mentioned equipment or any part thereof shall be seized, taken in execution, injured, removed, attached, or destroyed. - All payments due LESSOR hereunder shall be made to LESSOR at the location indicated on LESSOR'S invoice. All Invoices shall be payable net cash by LESSEE within thirty (30) days after receipt of invoice, or upon demand. LESSOR reserves the right to add a monthly service charge at the highest interest rate permitted by law to any delinquent balance after forty-five (45) days. LESSEE agrees to pay all taxes upon the sale, lease, or delivery and use of the EQUIPMENT, including but not limited to real or personal property tax. In the event of a delinquent balance for services rendered, LESSOR shall have the right to take appropriate legal action, including (a) placing LESSEE on Immediate C.O.D. status and/or (b) entering LESSEE'S property and repossessing the PRODUCTs (c) or placing a lien on property; whichever is necessary and appropriate. All legal fees acquired will be billed directly to Lessee. Lessee agrees to pay for all repairs and/or replacement of all parts damaged and all labor for said repairs and replacement and to invoice lessee therefore as part of this agreement, except for those repairs and replacements solely through ordinary and customary wear and tear. -LESSEE will allow LESSOR to make deliveries during normal working hours five days per week. In the event LESSEE requires deliveries outside of normal business hours than deliveries may be subject to a delivery or call out fee. Call out fee will be determined per call out. -In case of default of any of the terms of this agreement, Lessor may, at its option enter the premises controlled or operated by the Lessee where the rented equipment may be found and remove the same there from, without notice or demand, and without being guilty of any trespass or wrong. Lessor shall not be liable for any damages because of such removal of rented equipment, and the Lessee agrees to pay for all expenses incidental to said removal. Lessee further agrees to pay 1 % % per month, total interest paid per year 18% on past due accounts and an additional 25% in principal and interest if any of said accounts are placed in the hands of an attorney for collection by the Lessor. RENTAL AND TERM- begins on the date & time specified as "OUT" and terminates on the date specified as "IN" unless amended in writing. Rental charges commence on the delivery of EQUIPMENT to renter and end upon return of equipment to Dealer's premises. Dealer may terminate Rental at any time and take possession of the equipment. Renter agrees to pay on return of equipment to dealer's premises, all charges and costs for the use thereof. Renter's right to use the equipment terminates on the expiration and due date set forth unless extended in writing by dealer. CONDITIONS OF HIRING. INSPECTION, PRIVILEGE AND WAIVER OF DEFECTS.- Renter accepts and hires the equipment on an "as is" basis. Renter acknowledges receipt of all of the equipment in good working condition and repair and declares that Renter fully understand its proper operation and use. Renter acknowledges and declares that Renter has examined the Equipment and all hitches, bolts, safety chains, hauling tongues, together with all devices and materials use to connect the Equipment to Renter's towing vehicle, if any, and Renter declares that he has received all of such Equipment in a secure and operative condition. Renter is responsible for loading and unloading goods. If the Dealer's employees assist in loading and unloading the goods, the Renter agrees to assume the risk of, and hold the Dealer harmless for any property damage or personal injuries. including damage or injuries attributable to the negligence of the Dealer or his employees. Renter agrees to return the Equipment to Dealer's premises upon'the expiration and due date hereof in as good condition as when received. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR.- Renter will immediately discontinue the use of the personal property should it at anytime, ' following the execution of the agreement or any subsequent agreement, becomes unsafe or in a state of disrepair. Furthermore the Renter will immediately notify dealer that the Equipment is unsafe or in disrepair and until such time as Dealer has regained possession the Renter agrees to take all steps reasonably necessary to prevent injuries to any person and all property from the Rental Equipment or Product. COMPLIANCE WITH THE LAWS. Renter acknowledges that Dealer has no control over the use of Equipment by Renter, and Renter agrees at his sole expense, to comply with all municipal, county, state, and federal laws, ordinances and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the Equipment while it is in the possession of and use by the Renter. Renter shall not permit any person who is not legally qualified to use Equipment. PERMITTED AREA OF USE OF EQUIPMENT. Without Dealer's consent, Renter shall not remove the equipment from the country in which it is rented. RENTER'S LIABILITY FOR MISUSE OF EQUIPMENT. Renter shall not abuse, harm or misuse the Equipment. Renter shall not permit any repairs to be made or lien to be placed upon the equipment without dealer's written consent. In the event of any accident or casualty resulting In bodily injury or property damages arising out of Renter's use and hiring of said Equipment, Renter agrees to accept all responsibility therefor and shall hold dealer harmless from any claims or action arising therefrom. Renter shall furnish dealer with a complete report of any accident involving said Equipment. including names and addresses of all persons Involved and all witnesses. Unless otherwise specified herein, In case of the loss or destruction of any part of the Equipment, or loss of possession thereof, or Inability to return the same to Dealer, on the expiration and due date, for any reason whatsoever. Renter shall pay Dealer the actual replacement cost thereof, and in addition therto Dealer's loss of use of said equipment. DISCLAIMER WARRANTIES- DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter's sole remedy for any failure of or defect in the Equipment shall be the termination of the rental charges at time of failure, provided the Equipment is returned to Dealer within 24 hours after such failure, Dealer shall not be responsible for any loss, damage or Injury to Renter or Renter's property, including incidental, special or consequential damages, in any way connected with the operation, use, defect In or failure of the Equipment. This Agreement sets forth the entire understanding of the parties, and supersedes any previously existing agreement between the parties hereto covering lease or sale of ALL EQUIPMENT. No modification or waiver of this Agreement shall bind LESSEE or LESSOR unless it is in writing and is signed and accepted by an authorized employee of LESSOR and LESSEE'S duly appointed representative. This Agreement shall insure to the benefit of, and shall be binding upon, the Parties and their respective transferees and assigns, including any corporation with which either party may merge or consolidate, or to which either party may transfer all or a material amount of its assets. GOLDEN TRI ANGLE I NDUSTR I ES I NC RENTAL AGREEM ENT Contract #. . 1028677 Page: 2 18803 HWY 62 SOUTH Contract dt. 6/27/18 ORANGE, TX 77630 Date out. . . . 6/25/18 30 AM 409-735-7368 Est return. . 7/23/18 30 AM 409-735-7873 Fx Job Loc LAKE ARTHUR DRIVE, PORT ARTHUR Job No 1 - CITY OF PORT ART Written byDOUG CRAIG Customer: 5253 Job Site: CITY OF PORT ARTHUR CITY OF PORT ARTHUR PO BOX 1089 LAKE ARTHUR DRIVE PORT ARTHUR, TX 77641 PORT ARTHUR, TX 77642 C#: 409-983-8160 J#: 409-983-8160 Ordered By: Purchase Order Number. Yard Person: Terms: KEVIN CHRISTOPHER NEEDED DC Net 30 days Insurance Expiration Date: Sales Representative: System Time: Termination Date: DOUG CRAIG 6/27/18 2:32 PM 7/23/18 30 AM Qty Equipment # Day Week 4 Week Amount * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Rent continues until Off Rent Number issued. Call 1-409-735-7368 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IF THE EQUIPM ENT DOES NOT WORK EQUIPMENT USAGE ALLOWED, 8HRS DAY CUSTOMER IS RESPONSIBLE FOR REFUELING, PROPERLY, NOTIFY THE OFFICE AT ONCE 40HR WEEK, 160 HRS 4-WEEK,OT WILL APPLY DAMAGES, REPAIRS OR TIRE REPAIRS I have read and agree to all of the terms and conditions hereon and all terms and conditions in the Master Equipment Rental Agreement("Agreement")which is incorporated on the reverse side of this Agreement.If there Is any conflict in terms,the Agreement shall prevail.I acknowledge receipt of the equipment delivered In good order,and a copy of this and the Agreement.Signer represents that they are the authorized agent or employee Customer.This and the Agreement represent the entire agreement between us,and there are no oral or other representations or agreements.None of the terms or conditions of this document and the Agreement may be amended or modified,except In writing,signed by both of us.Customer is responsible for all repair or replacement as provided In the Agreement.Customer hereby authorizes company to send advertisements and solicitations to customer by e-mall or facsimile transmission or otherw Ise.Rental rates based on 8 working hours per day, 40 hours per week,160 hours per four week period.Overtime charged on overages.The Customer's signature indicates your understanding of and acceptance of responsibility for operator training requirements and licensing requirements as required by applicable local,state,and federal regulations.Customer has Inspected the equipment and if any equipment is not operating properly at time of receipt,you must contact us within one(1)business day.If equipment is shipped via Customer provided transportation or a third party,such as a truck carrier,claims for damages in shipment must be made exclusively with that carrier or its Insurance. III I'II III II I'I I II I II I II I I II II I I III I I II IIIIIII'I I II I II I II I I II III X X CUSTOMER SIGNATURE NAME PRINTED DEUVERED BY CTOUTPDI Terms and Conditions of Rental The Lessee of before mentioned rental equipment agrees to the following conditions: -LESSEE acknowledges that it understands the hazardous nature of the EQUIPMENT and that LESSEE will warn, protect, and train, as appropriate, all persons who may be exposed to those hazards. LESSOR will provide all necessary maintenance schedules upon request. LESSEE is aware that OSHA regulations may require LESSEE to train employee to properly operate and/or modify equipment according to laws required. LESSEE understands that the PRODUCT(s) must not be used without first consulting the Operating and Maintenance MANUAL. LESSEE shall make sure that all employees, customers, and persons who maintenance the EQUIPMENT, send copies of the maintenance records to the Lessor. -Accepts full responsibility and liability for any and all damages to before mentioned rental equipment due to improper maintenance, operation, and/or lubrication, fire, freezing, hailstorm, windstorm, riot, insurrection, flood, strike, explosion, collision, upset, damages while being transported, loaded, unloaded, or for any causes whatsoever other than ordinary wear and tear. LESSEE assumes all liability for loss, damage, or injury to persons or to property of LESSEE or others arising out of the delivery, presence or use of the EQUIPMENT whether used singly or in combination with other substances. To return all before mentioned equipment and accessories to Lessor's warehouse, in as good condition as when received, except for ordinary and customary wear and tear. -LESSEE is responsible for all routine maintenance such as lubrication and filter changes and all said costs if in possession of LESSEE for the entire cycle or period, but not limited to 200 hours. Routine maintenance records are the responsibility of the LESSEE and will be made available upon request in writing from LESSOR, no less than five days from date on request. -To indemnify and fully hold harmless the Lessor from all suits or claims for injuries, loss or damage to persons or property while before mentioned equipment is in Lessee's possession, regardless of the grounds of said suits or claims, including the fault of the Lessor, and to notify the Lessor immediately in writing upon learning of the existence of any incident which may give rise to any such suits or claims. -To inform the Lessor of the location of the rented equipment at all times. Failure by the Lessee to inform the Lessor of the location of the rented equipment after written demand to do so shall immediately double the rental rate charged until the equipment is located and the Lessor is so notified. The Lessee agrees to pay all expenses incurred in locating the rented equipment. -Agrees not to assign or transfer rented equipment either directly or indirectly. Not to permit or commit any act whereby before mentioned equipment or any part thereof shall be seized, taken in execution, Injured, removed, attached, or destroyed. - All payments due LESSOR hereunder shall be made to LESSOR at the location indicated on LESSOR'S invoice. All invoices shall be payable net cash by LESSEE within thirty (30) days after receipt of invoice, or upon demand. LESSOR reserves the right to add a monthly service charge at the highest interest rate permitted by law to any delinquent balance after forty-five (45) days. LESSEE agrees to pay all taxes upon the sale, lease, or delivery and use of the EQUIPMENT, including but not limited to real or personal property tax. In the event of a delinquent balance for services rendered, LESSOR shall have the right to take appropriate legal action, including (a) placing LESSEE on immediate C.O.D. status and/or (b) entering LESSEE'S property and repossessing the PRODUCTs (c) or placing a lien on property; whichever is necessary and appropriate. All legal fees acquired will be billed directly to Lessee. Lessee agrees to pay for all repairs and/or replacement of all parts damaged and all labor for said repairs and replacement and to invoice lessee therefore as part of this agreement, except for those repairs and replacements solely through ordinary and customary wear and tear. -LESSEE will allow LESSOR to make deliveries during normal working hours five days per week. In the event LESSEE requires deliveries outside of normal business hours than deliveries may be subject to a delivery or call out fee. Call out fee will be determined per call out. -In case of default of any of the terms of this agreement, Lessor may, at Its option enter the premises controlled or operated by the Lessee where the rented equipment may be found and remove the same there from. without notice or demand, and without being guilty of any trespass or wrong. Lessor shall not be liable for any damages because of such removal of rented equipment, and the Lessee agrees to pay for all expenses incidental to said removal. Lessee further agrees to pay 1 l4 % per month, total interest paid per year 18% on past due accounts and an additional 25% in principal and interest if any of said accounts are placed in the hands of an attorney for collection by the Lessor. RENTAL AND TERM- begins on the date & time specified as "OUT" and terminates on the date specified as "IN" unless amended In writing. Rental charges commence on the delivery of EQUIPMENT to renter and end upon return of equipment to Dealer's premises. Dealer may terminate Rental at any time and take possession of the equipment. Renter agrees to pay on return of equipment to dealer's premises, all charges and costs for the use thereof. Renter's right to use the equipment terminates on the expiration and due date set forth unless extended In writing by dealer. CONDITIONS OF HIRING. INSPECTION, PRIVILEGE AND WAIVER OF DEFECTS.- Renter accepts and hires the equipment on an "as is" basis. Renter acknowledges receipt of all of the equipment in good working condition and repair and declares that Renter fully understand its proper operation and use. Renter acknowledges and declares that Renter has examined the Equipment and all hitches, bolts, safety chains, hauling tongues, together with all devices and materials use to connect the Equipment to Renter's towing vehicle, if any, and Renter declares that he has received all of such Equipment in a secure and operative condition. Renter is responsible for loading and unloading goods. If the Dealer's employees assist in loading and unloading the goods, the Renter agrees to assume the risk of, and hold the Dealer harmless for any property damage or personal injuries, including damage or injuries attributable to the negligence of the Dealer or his employees. Renter agrees to return the Equipment to Dealer's premises upon the expiration and due date hereof in as good condition as when received. EQUIPMENT BECOMES UNSAFE OR IN DISREPAIR.- Renter will immediately discontinue the use of the personal property should it at anytime, following the execution of the agreement or any subsequent agreement, becomes unsafe or in a state of disrepair. Furthermore the Renter will immediately notify dealer that the Equipment is unsafe or in disrepair and until such time as Dealer has regained possession the Renter agrees to take all steps reasonably necessary to prevent Injuries to any person and all property from the Rental Equipment or Product. COMPLIANCE WITH THE LAWS. Renter acknowledges that Dealer has no control over the use of Equipment by Renter, and Renter agrees at his sole expense, to comply with all municipal, county, state, and federal laws, ordinances and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) which may affect the Equipment while it is in the possession of and use by the Renter. Renter shall not permit any person who is not legally qualified to use Equipment. PERMITTED AREA OF USE OF EQUIPMENT. Without Dealer's consent, Renter shall not remove the equipment from the country in which it is rented. RENTER'S LIABILITY FOR MISUSE OF EQUIPMENT. Renter shall not abuse, harm or misuse the Equipment. Renter shall not permit any repairs to be made or lien to be placed upon the equipment without dealer's written consent. In the event of any accident or casualty resulting In bodily Injury or property damages arising out of Renter's use and hiring of said Equipment, Renter agrees to accept all responsibility therefor and shall hold dealer harmless from any claims or action arising therefrom. Renter shall furnish dealer with a complete report of any accident involving said Equipment, including names and addresses of all persons involved and all witnesses. Unless otherwise specified herein, in case of the loss or destruction of any part of the Equipment, or loss of possession thereof, or inability to return the same to Dealer, on the expiration and due date, for any reason whatsoever. Renter shall pay Dealer the actual replacement cost thereof, and in addition therto Dealer's loss of use of said equipment. DISCLAIMER WARRANTIES- DEALER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter's sole remedy for any failure of or defect in the Equipment shall be the termination of the rental charges at time of failure, provided the Equipment is returned to Dealer within 24 hours after such failure, Dealer shall not be responsible for any loss, damage or injury to Renter or Renter's property, including Incidental, special or consequential damages, in any way connected with the operation, use, defect In or failure of the Equipment. This Agreement sets forth the entire understanding of the parties, and supersedes any previously existing agreement between the parties hereto covering lease or sale of ALL EQUIPMENT. No modification or waiver of this Agreement shall bind LESSEE or LESSOR unless it is in writing and is signed and accepted by an authorized employee of LESSOR and LESSEE'S duly appointed representative. This Agreement shall insure to the benefit of, and shall be binding upon, the Parties and their respective transferees and assigns, including any corporation with which either party may merge or consolidate, or to which either party may transfer all or a material amount of its assets.