Rental Contract

Lessee agrees to the terms and conditions set forth on the face and reverse side hereof. Any different or additional terms, whether written or otherwise, are hereby objected to and shall have no legal force or applicability whatsoever. This agreement may be signed and delivered by email or text message and shall be binding on the parties. A signature on credit card receipt or invoice is an agreement of rental terms and conditions. A physical copy of this contract is available upon request in its entirety. See the reverse side and any other additional pages of this document for the terms and conditions.

Terms and conditions: PAYMENT TERMS: Rental dues must be paid up front, prior to release or delivery of items.- Payment taken upon delivery of items by a 212 Equipment employee is available for the lessee if agreed upon ahead of time by 212 Equipment and the lessee. Credit card payments on an invoice totaling over $2,500.00 are subject to a 3.5% processing fee. Returned checks are subject to a $30 fee. FOR LESSEES WITH CHARGE ACCOUNTS: Lessee’s with charge accounts set up with 212 Equipment agree to net thirty (30) day terms for their invoices. Lessees may request to set up a charge account with 212 Equipment. Lessees with unpaid invoices aging longer than thirty (30) days will be subject to standard rental terms INSPECTION: Lessee acknowledges that they have personally had an opportunity to inspect the items and finds them suitable for their needs and in good condition and understands its proper use. FUEL CHARGES: All rental items are expected to be returned, in the case of rentals where the lessee is transporting the items; and picked up, in the case of 212 Equipment transporting the items, to have the same amount of fuel onboard as during the start of the rental period. Lessee will be charged $7.00 per gallon of fuel, whether gasoline or diesel, in the event of insufficient fuel upon the end of the rental period. RENTAL RATES: Rental rates shall apply for the entire time the items are away from 212 Equipment’s place of business regardless of weather. No allowance will be made for non-operation because of holidays, strikes, weather, or any other reason unless immediate notice is given by the Lessee and prior approval received from 212 Equipment. LOADING, UNLOADING, AND TRANSPORATION: For rentals where the Lessee is transporting the items, the Lessee shall, at their own risk, perform all loading, unloading, installing, dismantling, or hauling. For rentals where the Lessee has hired 212 Equipment to transport the items, 212 Equipment is responsible for loading, unloading, and hauling. The Lessee is responsible for the items upon delivery, and is from that point forwards liable for any damage or loss to the items. DEFINITION OF RENTAL PERIODS: One day is one (1) 24-hour period, or eight (8) hours of use, whichever comes first. One week is seven (7) calendar days, five (5) working days or forty (40) hours of use, whichever comes first. One month is twenty-eight (28) calendar days, twenty (20) working days, or one-hundred-and-sixty (160) hours of use, whichever comes first. A $40 per hour charge will be assessed to any item usage beyond the hours indicated in the respective rental period, or combination of rental periods. INSURANCE: Lessee acknowledges that they have been advised herein by 212 Equipment to insure the items in case of injury, loss, or damage. No coverage is provided by 212 Equipment. In the case of a long-term rental of more than one (1) month, 212 Equipment requires the lessee to provide a Certificate of Insurance (COI), showing that the rented items have been added to their insurance policy. REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If the items become unsafe or in disrepair as a result of normal use, the Lessee agrees to discontinue the use and notify 212 Equipment who will replace the items in good working order, if available. 212 Equipment is not responsible for any incidental or consequential damages caused by delays or otherwise. Replacement of the items and credit for down time shall be the Lessee’s sole remedy. The Lessee waives any claim for consequential damages or incidental damages. WARRANTIES: There are no warranties of merchantability or fitness for a particular purpose, either expressed or implied. There is no warranty that the equipment is suited for the Lessee’s intended use, nor that it is free from defects. 212 Equipment has made no warranty regarding the items except that they will be in good operational condition when loaded for transit, whether by the Lessee or by 212 Equipment. INDEMNITY: The Lessee agrees to indemnify and reimburse 212 Equipment for all liabilities, including attorney fees and costs, of 212 Equipment, its agents or third parties arising out of the use of the items or a breach of this contract by the Lessee including those arising 212 Equipment’s negligence or the negligence of a third party. PROHIBITED USES: Use of the items in the following circumstances is prohibited, and constitutes a breach of this contract: Use for illegal purposes or in an illegal manner Use when the equipment is in bad repair or is unsafe Improper, unintended use or misuse Use by anyone other than the Lessee or its employees, without 212 Equipment’s written permission Use at any location other than any address given to 212 Equipment without 212 Equipment’s permission Altering or modifying the equipment in any way. This is not intended to be an exhaustive or complete list of prohibited uses. ASSIGNMENTS, SUBLEASES, AND LOANS OF EQUIPMENT: 212 Equipment may assign its rights under this contract without the Lessee’s consent, but will remain bound by all obligations herein. The Lessee may not sublease or loan any rented items without 212 Equipment’s written permission. Any purported assignment by the Lessee is void. MAINTENANCE OF EQUIPMENT: The Lessee shall be responsible for daily maintenance and service of the items. This includes, but is not limited to, greasing, checking and maintaining proper fluid levels (checking and “topping off”), cleaning air filters, or any other minor attention that might be reasonably expected. The Lessee may not make any adjustments, repairs, or replace any components on any items without 212 Equipment’s written consent.- These adjustments and repairs include carburetor adjustments, hose replacements, installing hardware, or any other similar activities. Any long term service intervals that arise during the course of the rental period should be brought to 212 Equipment’s attention, by the Lessee, to give the items proper maintenance. These service intervals include, but are not limited to, engine oil changes, and compressor oil changes. DIRTY, DAMAGED, OR LOST EQUIPMENT: The Lessee agrees to pay for any damage to, or loss of the items, as an insurer, regardless of cause, except for reasonable wear and tear, while the items are out of the possession of 212 Equipment. Also, if the Lessee returns items in an excessively dirty condition, with chemical damage to paint, debris or wire tangled in items, or any other damages incurred while items are in the Lessee’s possession, cosmetic or otherwise, that can be reasonably determined to be outside of the definition of normal wear and tear, the Lessee will be charged for the total costs of restoring the items to their cosmetic and functional condition prior to the start of the rental period. Any items returned excessively dirty will result in a cleaning fee of $100 assessed to any Lessee that does not return the items in a clean condition. SMOKING IN AND AROUND EQUIPMENT: The Lessee and their employees agree not to smoke, whether in the form of cigarettes, cigars, pipes, e-cigarettes, vapes, inside and in the immediate vicinity of the items, or take part in any other activities that can result in the odor and residues of such residues being left behind in or on the items. Any evidence of smoking, including odor and residue, will result in a cleaning fee of $250 assessed to any Lessee that smokes in a rental item. COLLECTION COSTS AND GOVERNING LAW: The Lessee agrees to pay all costs involved in collection of the charges or enforcement of 212 Equipment’s rights under this contract including but not limited to attorney’s fees, collection agency fees, court costs, deposition and transcript fees, expert witness fees, sheriff’s fees, special process server and skip tracing fees, repossession fees and bond cost. The Lessess consents to jurisdiction and venue for the enforcement of any term of this lease with the Circuit Court of Carver County, Minnesota or any adjacent county at 212 Equipment’s sole election. Minnesota law will apply to this transaction. REPOSSESSION: Upon a failure to pay rental dues or other breach of this contract, 212 Equipment may terminate this contract and take possession of and remove the items from wherever they are located, and 212 Equipment and its agents shall not be liable for any claims for damage or trespass arising out of the items. The Lessee further agrees to reimburse 212 Equipment for all costs and attorney’s fees associated with repossession. TERMINATION: The Lessee may terminate the lease at any time after the initial rental period, either by returning the equipment to 212 Equipment, or by requesting pickup of the items by 212 Equipment. Furthermore, 212 Equipment may terminate the lease at any time by sending a notice to the Lessee by physical delivery, regular mail, email, text message, or any other means of telecommunication. Upon sending of a Notice of Termination, the Lessee shall immediately return the items to 212 Equipment. If the Lessee fails to return the items within two (2) days after receipt of the Notice of Termination, they shall be liable for double the rental rate specified herein until the items are in 212 Equipment’s possession. If the Lessee fails to return, or interfere in the pickup of the items by 212 Equipment within two days of the receipt of the Notice of Termination, they shall be guilty of theft and conversion. FAILURE TO RETURN ITEMS DURING BUSINESS HOURS: All items must be returned within 212 Equipment’s regular business hours, unless otherwise agreed upon in writing between 212 Equipment and the Lessee. In the event that goods are not returned during 212 Equipment’s normal business hours, whether previously agreed upon or as the result of the failure of the Lessee to return and items during normal business hours, the Lessee agrees to pay for any damage to or loss of the items occurring between the time of return and the commencement of of the next business day. DISCLAIMER OF MANUFACTURE: The Lessee agrees that 212 Equipment is neither the manufacturer of the items nor the agent of the manufacturer. OPERATORS OF EQUIPMENT: The Lessee agrees that the items shall be used only by persons competent in their operation and agrees to be responsible for providing competent operators.- Furthermore, the Lessee acknowledges that 212 Equipment and its employees are available for troubleshooting help during the period of the rental during normal business hours by phone call, text message, email, or other means of telecommunication, and that 212 Equipment is not liable for any loss of time for the Lessee as a result of improper use of the items by the Lessee and their employees due to incompetent operators. TITLE: This agreement is not a contract of sale. Title and ownership of the items are, and shall remain, in the possession of 212 Equipment. OPTION TO PURCHASE: Unless a written agreement of an option to purchase by the Lessee at the termination of the Lease of the items described herein is completed, no option to purchase exists and all rentals paid will be considered non-applicable to any purchase of this equipment. Any option to purchase agreed upon by the Lessee and 212 Equipment shall be processed as follows: 212 Equipment shall apply 70% of the pre-tax subtotal of the total rental dues towards the agreed upon purchase price of the items described herein. TAXES: The Lessee agrees to pay and indemnify 212 Equipment for all taxes incurred with the rental of the items including the Carver County Transit Tax and any other similar tax. LAWS: The Lessee agrees to comply with and conform to all Municipal, State, and Federal laws relating to the operation of items described herein and to pay all costs and expenses of every character occasioned by or involving the use or operation of said items. SEVERABILITY: The provisions of this agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions. SUBROGATION: In the event of any loss or damage to the rented items, 212 Equipment will be subrogated to the Lessee’s rights of recovery against any person, firm or corporation. The Lessee will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. It will cooperate fully with 212 Equipment or its insurers in the prosecution of those rights and will not take any action to prejudice the Lessee’s rights. SECURITY: The Lessee hereby assigns, as security for the payment of all monies to become due pursuant to this agreement, all of its existing or hereinafter acquired: accounts receivables, claims, equipment, accounts and assets of whatever kind and the proceeds thereof. The Lessee authorizes 212 Equipment and its representatives as its attorney-in-fact to file UCC - Financing Statements evidencing this agreement. NOTIFICATION OF DEFECT OR INJURY: The Lessee agrees that they are responsible for the immediate notification of 212 Equipment upon the occurrence of any injury or the discovery of a defect in the items herein. 212 Equipment will in no event have liabilities for damage as a result of the supplying of items or their use or the furnishing of any services hereunder. This writing is the entire agreement between the Lessee and 212 Equipment and no oral representation by any employee of 212 Equipment shall be binding upon it or enforceable. The Lessee’s execution of the agreement and/or acceptance of delivery of any part of rented items to be furnished hereunder will constitute the Lessee’s acceptance of the provisions contained herein, and the exclusion of any terms and conditions otherwise stated by the Lessee or contained in the Lessee’s purchase documents which conflict with or limit the provisions contained herein. The Lessee agrees to all terms and conditions described herein.