This Equipment Rental Agreement (the "Agreement") is entered into on (the "Effective Date") by and between
, an individual having their usual place of living at (the "Lessor"), and
, an individual having their usual place of living at (the "Lessee"), collectively referred to as the "Parties" and individually as the "Party".
WHEREAS the Lessor has the legal right to rent out the equipment for the purpose of this Agreement, and the Lessee desires to rent the equipment from the Lessor;
WHEREAS both Parties possess the legal capacity and authority to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, and upon other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the Parties have agreed as follows:
SUBJECT OF THE AGREEMENT. The Lessee rents the following equipment from the Lessor (the "Equipment"):
The Lessee agrees to use the Equipment only for its intended purpose and in compliance with all applicable laws, regulations, and safety instructions. The Equipment must not be used for any illegal or prohibited activity.
The Lessee shall operate the Equipment in a careful and proper manner, strictly adhering to any operating instructions, guidelines, or safety protocols provided by the Lessor. The Lessee shall not remove, alter, or damage any identification marks, serial numbers, or labels affixed to the Equipment by the Lessor.
RENT TERM. The first day of the rent should be (the "Start Date"), and the last day of the rent should be (the "End Date"). The period from the Start Date to the End Date is the Rent Term (the "Rent Term").
PAYMENT PROCEDURE. For the rent of the Equipment, the Lessee shall pay the Lessor the fixed amount of (the "Rent Fee"). The payment should be made within days following the Effective Date (the "Due Date").
All payments shall be made on or before the Due Date by cash.
In the event of a delay in returning the Equipment beyond the End Date, the Lessee shall pay the Lessor per day for such a delay (the "Additional Rent Fee") within days from the date of the Equipment return.
In addition to the Rent Fee, the Lessee shall be responsible for any damage or loss of the Equipment resulting from the Lessee's actions. If the Lessee obtains the insurance coverage for the Equipment, reimbursement shall be obtained according to the terms of such coverage.
The Lessee shall also be responsible for covering any fines or penalties imposed on the Lessee by governmental authorities for any violation of the law involving the Equipment during the Rent Term. Any fees or charges incurred by the Lessor resulting from the Lessee's breach of this Agreement shall be the responsibility of the Lessee and immediately paid upon the Lessor's demand.
LATE PAYMENT. In the event of a payment delay of the Rent Fee, the Lessee shall pay the Lessor a late fee equal to per day.
SECURITY DEPOSIT. The Lessee shall pay as security for the successful performance of this Agreement (the "Security Deposit"). The Security Deposit should be paid within days after the Effective Date but before the commencement of the use of the Equipment.
The Security Deposit shall be returned to the Lessee on the End Date or the Termination Date, except for any deductions related to unpaid rent, damage beyond normal wear and tear, or any other amounts payable to the Lessor under this Agreement.
TERM AND TERMINATION. This Agreement shall commence on the Effective Date and shall continue until the End Date, but not before the Parties fulfill their obligations under the Agreement unless terminated earlier following the terms of this Agreement. The date of termination of this Agreement is the Termination Date (the "Termination Date").
This Agreement may be terminated immediately if either Party fails to perform under the terms of this Agreement.
The Lessee may immediately terminate the Agreement if the Lessor fails to provide the Lessee with full possession of the Equipment at the Start Date.
In the event of termination, the Equipment shall be returned, and all payments shall be made on the Termination Date. Any payments to be returned to the Party shall be refunded in the same form as initially received.
MAINTENANCE AND REPAIR OF THE EQUIPMENT. The Lessee shall promptly notify the Lessor of any maintenance or repair needs beyond routine maintenance that may arise during the Rent Term. The Lessee shall provide detailed information regarding the issue, including any relevant error codes or indicators observed during Equipment operation.
Upon notification of a maintenance or repair need, the Lessor shall have the right to inspect the Equipment to evaluate the extent of the issue. If the need for repairs arises from normal wear and tear or a defect in the Equipment not caused by the Lessee, the Lessor shall be responsible for covering such repair costs.
If the Equipment requires substantial repairs that cannot be executed within a reasonable time, the Lessor has the right to provide the Lessee with replacement Equipment of comparable specifications for the remaining Rent Term. The Lessee shall cooperate with the Lessor in exchanging the Equipment and continue to fulfill the obligations under this Agreement.
In the event of any loss, damage, or theft of the Equipment, the Lessee shall immediately notify the Lessor.
RETURN AND ACCEPTANCE OF THE EQUIPMENT. The Lessee shall return the Equipment to the Lessor at the End Date in a condition consistent with its initial state, accounting for normal wear and tear. The Lessee shall ensure that the Equipment is clean, debris-free, and in proper working order.
Upon returning the Equipment, the Lessor or its authorized representative shall have the right to inspect it for damage, missing parts, or deviations from the agreed condition.
INSURANCE. The Lessee shall obtain and maintain comprehensive insurance coverage for the rented Equipment throughout the Rent Term.
This coverage shall include property damage insurance and insurance against theft or loss. The Lessor must be named as an additional insured on the insurance policy obtained by the Lessee. The Lessee shall ensure the insurance policy remains valid and up-to-date throughout the Rent Term.
NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered personally or by certified mail, return receipt requested, to the address specified in the opening paragraph or such other address as one Party may have furnished the other Party in writing or to emails set forth below:
If to the Lessor: .
If to the Lessee: .
FORCE MAJEURE. Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Agreement if such failure or delay is caused by events of force majeure, including but not limited to acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, epidemics, governmental regulations, or any other similar causes beyond the reasonable control of the affected Party.
In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of obligations as soon as possible after the circumstances cease to exist.
If the force majeure circumstances last more than days, either Party may terminate this Agreement by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement shall be governed by and interpreted under the laws of the State of , and any disputes resulting from or related to this Agreement shall be exclusively resolved by the courts of the State of .
SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the Parties and supersedes any prior oral or written agreements.
WAIVER. The failure of any Party to enforce a particular provision of this Agreement shall not constitute a waiver of their right to enforce that provision in the future.
AMENDMENTS. This Agreement may be amended or modified only by a written agreement signed by both Parties. Any amendments to this Agreement shall be binding only if they are in writing and signed by both Parties.
BINDING EFFECT. This Agreement shall be binding upon the Parties and their respective successors and assigns. Neither Party may assign this Agreement or any of its rights or obligations hereunder without obtaining prior written consent from the other Party, which consent shall not be unreasonably withheld.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
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THE LESSOR |
THE LESSEE |
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_______________________ (Place for signature)
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