1. The renter shall, at his own expense, during the terms of rental keep and maintain, in his own custody, the said equipment in good state of condition, and repair, reasonable wear and tear expected, and shall at the termination of the rental replace such of said equipment as may be lost, stolen or missing or broken or damaged otherwise than be reasonable wear and tear, by others of a similar nature and of equal value or shall pay to the owner compensation on account of any of the said articles which may be lost, stolen or missing or broken or damaged.

2. The renter further agrees to be an insurer of the equipment for the period that the equipment is away from the premises of Roscor or any of its subsidiaries, hereafter known as Roscor, against any loss whatsoever and to assume full responsibility for all the equipment rented, and also agrees to compensate Roscor for the full value should said equipment be lost, stolen or missing or broken or damaged by any cause whatsoever, whether due to renter’s fault or not. The renter further agrees to compensate the owner in rent for any time lost as a result of replacement or the necessity for making repairs on said equipment lost, stolen, or missing or broken, or damaged otherwise than as the result of the reasonable wear and tear.

3. Renter acknowledges that he has examined and tested the equipment listed herein and that the same is in good working mechanical condition and accepts the same as is, and without any rental reductions or claims thereafter. Renter acknowledges that this equipment is leased without warranty or guarantee of any kind, express or implied and the Owner assumes no responsibility implied in fact or in law for the performance or nonperformance of said equipment. Renter agrees to return all equipment not in workable condition for exchange, at renter’s expense.

4. Full additional days rental at daily rate will be charged for equipment returned to owner’s place of business later than 9:30 A.M. when on daily schedule, daily rate will be charged for Sundays and holidays if equipment is used. Daily rate will be charged for a full day or any portion thereof.

5. The equipment herein shall be delivered and returned by the renter at his own risk, cost and expense. Rental of all equipment taken out must be paid for the period of time until it is returned to Roscor. No allowance will be made for the reason that any part of it was not used.

6. It shall be lawful for the owner or its agent at all reasonable times to enter the premises upon which said equipment is kept for the purpose of viewing the state and condition of said equipment.

7. If the renter shall default on any of the terms, covenant, and conditions, herein, or in punctuality making any of the payment, aforesaid, or if any execution or other writ or process shall be issued in any action or proceeding against the renter, whereby the said equipment may be seized or taken or distrained, or if proceeding in bankruptcy receivership or insolvency shall be instituted by or against the renter of his property, or if the renter shall enter into any arrangement is obtained against the renter, then and in such event. Roscor shall have the option to retake immediate possession of said equipment and, for such purpose roscor, its agents or employees, may enter upon any premises where said equipment may be, and may remove the same therefrom, with or without force, and with or without notice of intention to retake the same, without being liable to any suite or action or other proceeding by the renter.
    

8. Renter will not use, operate, or maintain or store the said equipment improperly, carelessly or in violation of these terms and conditions, or in violation of any applicable laws; nor use or operate such equipment other than in a manner and for the use contemplated by the manufacturer thereof; nor let or use the same for hire other than to the extend and in the manner similar property has heretofore been let or used for hire in the regular and ordinary course of renter’s business; nor without the prior written consent of Roscor, assign rights or delegate duties hereunder. Said equipment shall at all times remain under the immediate control, supervision and direction of the renter personally.

9. The renter agrees not to remove or cover the tag or name plate on the equipment showing the ownership in Roscor.

10. As security for the prompt full payment of the rental reserved and the faithful performance of renter of all other terms and conditions, renter has deposited with Roscor, the amount indicated in the schedule, and in the event that any default shall be made, Roscor shall have the right, but shall not be obligated to apply said security to any amounts owed to Roscor by renter. Such application by Roscor shall not constitute a defense to any action by Roscor arising out of said default, and renter agrees, on demand, to restore said security to the full amount set forth in the schedule in the event any part thereof is utilized to sure any such default. Upon the expiration or earlier termination of this agreement roscor will return to the renter any of the then remaining balance of such security deposit.

11. Renter specifically agrees that the value of said equipment in the event of any loss or damage during rental period is as per current manufacturer’s list price.

12. To secure the payment of the rental due hereunder, renter hereby authorizes, irrevocably, any attorney of any Court of Record to appear for renter in such court, in term time or vocation, at any time hereafter, and confess a judgement, without process, in favor of the owner or its order, for such amount as may appear to be unpaid and due hereon, together with all costs and reasonable attorney fees, and to waive and release all errors which may intervene in any such proceedings, and consent to immediate execution upon such judgement, hereby ratifying and confirming all that said attorney may do by virtue thereof.

13. The acceptance of the return of the rented equipment is not a waiver by Roscor of any claims that it may have against the renter, nor a waiver of claims for latent or patent damage to the equipment.

14. This agreement contains the entire understanding between the parties, including representation, and may not be modified, except by another agreement in writing, signed by both parties to this agreement.

15. No terms, representation or warranty, expressed or implied, no herein set forth in writing shall bind Roscor.