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FORM RENTAL-LEASE AGREEMENT

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Terms and Conditions of Lease Agreement

 

  1. The undersigned, as Lessee, agrees to lease from Northern Concrete Supply, Bociek, Inc., (NCS) , as Lessor, the items in the quantities and at the rentals indicated. The rental charges listed on the face hereof are based on current unit prices and are subject to adjustments during the rental term hereof, for the prevailing rental charge and unit price in effect at the time of invoicing.

 

  1. Rentals on all items commence immediately upon date of shipment and cease on date of return as shown by waybills. All carriers shall be agents of the Lessee. Rentals are payable monthly, in advance. Minimum rental period: 1 week, prorated thereafter on a calendar day basis, to the date of receipt of items by Lessor, with items returnable to Lessor on business days, Monday through Friday, between the hours of 7:30 am and 2:00 pm.

 

  1. It is understood that Lessor is not the manufacturer of the equipment herein rented, nor the agent of the manufacturer.  No warranties or representations of any kind are made by Lessor, including without limitation, any warranty of merchantability or fitness for purpose to the extent possible.  Lessor will use its best efforts to make any warranties made by the manufacturer available to Lessee.  In no event shall Lessor be liable to Lessee for any loss, damage or expense of any kind or nature caused directly or indirectly by any equipment used hereunder or the use or maintenance thereof, or a failure of operation thereof, or by any interruption of service or lose of use thereof, for any loss of business or damage whatsoever and howsoever caused.

 

  1. Lessee has represented itself as being skilled in the selection and operation of the equipment rented.  Lessor has relied upon such representation in entering into this agreement.  Lessee has not relied upon Lessor to select or train Lessee or Lessee’s employees with respect to the equipment rented.

 

  1. Lessee hereby agrees that the rental equipment will not be moved or transferred from one construction job site to another without prior written consent of NCS.

 

  1. Lessor shall use reasonable care to see that the equipment is in good and proper condition before shipment to Lessee. Lessee may inspect leased equipment at Lessor’s facility prior to shipment.  Once shipped, the leased items shall be presumed to be in good and proper condition and shall be deemed to have been accepted by Lessee in said condition.

 

  1. All equipment by Lessee shall, at the termination of this Lease, be returned to  NCS’s yard, reasonable depreciation through careful use accepted, and in the case of forming panels, that they are cleaned, treated with release agent and ready for use.  Any equipment not returned shall be billed at the prevailing unit price in effect at the time of such billing and any equipment damaged by drilling, puncturing, bending, sawing, including drilling of holes through plywood faces or by other than careful use, shall be repaired and replacement made in such manner as in the sole discretion of NCS if deemed necessary, and at the expense of the Lessee and NCS shall have the right to collect from Lessee, such amounts as it has expended or incurred in such repair and replacements, the same as though such amounts were additional rental.

 

  1. NCS reserves the right, without penalty or obligation, to suspend shipments of equipment or materials covered by this Agreement in the event of strikes, labor or transportation interruption, accident to plant or equipment, fire, floods, acts of God or other contingencies beyond the control of NCS.

 

  1. In the event additional leased equipment, other than that specifically covered by this Agreement, is required to be shipped to Lessee, the additional equipment shall be subject to the same terms and conditions as are a part of this Lease Agreement, except as modified with respect to additional charges and equipment description.

 

  1. Lessee shall carry insurance to the full insurable value of the equipment leased, against loss by fire, theft and other insurable hazards for the benefit of NCS, its successors and assigns. Lessee shall pay all damages for any injury or death sustained by any persons and for all damages to property growing out of any act or deed, whether negligent or otherwise, or any omission to act, whether negligent or otherwise, of Lessee or any subcontractor or any servant, agent or employee of Lessee and to indemnify, save and keep NCS harmless against all liabilities, judgments, costs, damages and expenses which may in anywise come against NCS for or on account of injury received or death sustained by any person or persons and for all damage to property caused by any act or deed, whether negligent or otherwise or any omission to act whether negligent or otherwise, of Lessee or any subcontractor or any servant, agent or employee of Lessee in the performance of work with the leased items specified herein or any of them, or in which such items are used.

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  3. Lessee agrees to pay any charges for work or inspection required by any labor union.  Lessor may, at its option, refuse to do any repair work on the equipment in time of strike or any other cause beyond its control or in violation of any rule affecting the equipment.  Lessor reserves the right to remove the equipment from the job at any time when, in its opinion, the equipment is in danger because of strikes or any other conditions.

 

  1. Lessee agrees to permit NCS or their agents, at any time, to enter the premises of Lessee for the purpose of inspecting the leased items and as well to inspect any items being used at a construction site.

 

  1. Lessee agrees not to subject the equipment to abuse or misuse and to comply with and conform to all laws, ordinances, rules and regulations relating to the possession, safe and proper use and maintenance of the equipment and keep NCS harmless against actual and asserted violations thereof.  Lessee further agrees to pay promptly when due, all taxes and other public charges against or upon the possession, use or rental of the equipment during the rental term.

 

 

  1. Lessee agrees to pay Lessor for all loss and damages occasioned by fire, theft, flood, accident, explosion, wreck, an act of God or any other causes that may occur during the life of this Agreement and until such equipment has been returned into the possession of Lessor and accepted by it.  For the purpose of finding the valuation of said property in order to determine the loss, damage or injury thereto, it is agreed by the parties hereto that the value shall be full replacement value.  In making such adjustment, it is understood that no rentals therefore paid or due shall apply to the payment of such loss.

 

  1. Lessee agrees to indemnify, save and keep Lessor harmless against and to pay all liabilities, judgments, costs, damages and expenses which may in anywise be claimed or asserted against Lessor for or on account of injury received or death sustained by any person or persons and for all damage to property caused by an act or deed or any omission to act, whether negligent or otherwise be claimed or asserted against Lessor for or on account of injury or employee of Lessee in the performance of work, with the rented items specified herein or any of such items or performance of work with any items sold in connection with such rented items, whether for a separate consideration in addition to the rental payments or not or in which any such items are used, except where such liability results solely from the negligence of Lessor, its agents or employees.

 

  1. The title to the equipment herein rented and to all replacements thereof or substitutions therefore, is and shall remain in the Lessor.

 

  1. The equipment hereby rented shall not be loaned or rented to anyone without the written consent of Lessor.

 

  1. In case of default of any installment of rent when due or upon the breach of any other condition of this Lease or if NCS shall deem the equipment in jeopardy or upon termination of the Lease Agreement as herein provided, the full amount of rent then unpaid hereunder shall become due and payable forthwith at the election of NCS and NCS may, at its option, without notice or demand and without legal process, take possession of such equipment wherever it may be located, with all additions and substitutions, whereupon all rights of Lessee in such equipment shall terminate absolutely but Lessee shall not  be released from its obligations under this Agreement until the full amount of rental unpaid, together with all other obligations to pay NCS money under terms of this Lease, have been paid in full in cash.  If Lessee defaults under this Lease, Lessee agrees to pay to NCS any costs, damages, expenses and fees, including attorney’s fees, incurred by NCS in connection with (a) sustaining the validity and enforce ability of this Lease and NCS’s ownership of the forms and other equipment hereby leased, (b) protecting the forms and other equipment, (c) protecting or enforcing any of NCS’s rights hereunder, (d) recovering possession of the forms and other equipment and any indebtedness including, but not limited to, the rent and the aforesaid costs, damages and fees, evidenced by or arising out of this Lease, (e) any litigation or proceedings (including but not limited to, bankruptcy, probate and administrative law proceedings) affecting this Lease and the forms and other equipment; and (f) preparing for the commencement, defense or participation in any threatened litigation or proceedings as aforesaid, or as otherwise enumerated herein.

 

  1. Lessee further agrees to pay, in addition to the rent reserved herein, all transportation and shipment charges from NCS’s yard to destination and return. All carriers shall be agents of Lessee.  All arrangements to be made for the return of equipment are the responsibility of Lessee.

 

  1. NCS’s failure at any time to require performance by Lessee of any provision hereof shall in no way affect NCS’s right to enforce the same.  Nor shall a waiver by NCS of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of the provision itself.

 

  1. Any layout drawings furnished by NCS to Lessee are provided as a service to Lessee to conceptually illustrate the assembly of NCS’s products only.  Such layout drawings are not intended to be fully directive nor cover engineering details on NCS’s products or equipment or materials not furnished by NCS nor the interconnection therewith, inasmuch as NCS does not control job site assembly or procedures, grade or quality of materials or equipment supplied by others.  It is the responsibility of Lessee to integrate NCS’s drawings into composite drawings suitably complete for construction purposes consistent with sale practice and overall project objectives.  Lessee acknowledges that it has exercised its own judgment and expense in selecting the equipment herein rented.  Any information or shop drawings which may have been provided to Lessee by Lessor were for informational  purposes only, it being understood and agreed between the parties that Lessee, in its sole discretion, has selected the design type, quantity and use of all equipment rented and has not relied upon Lessor’s information, drawings, expertise or representations in making such selection.

 

  1. NCS makes no guarantee or warranty, expressed of implied, and expressly disclaims without limitations, warranties of fitness or merchantability, with respect to the equipment leased hereunder.

 

  1. After the expiration of six months from the effective date of this Lease Agreement, NCS shall, in the event such Lease Agreement has not previously been terminated, have the option at any time thereafter to terminate this Lease Agreement by giving to Lessee at least thirty days prior notice of termination.

 

  1. Lessee is responsible for all lost or damaged equipment and will be charged at NCS’s list prices.

 

  1. This Agreement contains the full and entire agreement between the parties hereto and shall be effective from and after its acceptance by NCS as signified by signature hereon, subject to credit approval by NCS.  This Agreement shall not be amended or altered in any manner unless such amendment or alteration is in writing and executed on behalf of NCS by the management at its general office at W6261 US Hwy 8, P.O. Box 523, Tomahawk, WI 54487.  This Agreement shall be made and shall be binding upon the heirs, personal representatives, successors and assigns to the parties hereto. It is agreed by the parties that Lincoln or Oneida County Wisconsin is the proper and only venue for litigation of any terms and conditions hereof.

 

 

Signed: _____________________________________________________         Date: _______________________

 

 

Signed: _____________________________________________________         Date: _______________________

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