Morquip, LLC
148 Gleason Falls Road
Hillsboro,, NH 03244
603-620-6932
Customer Information: (name, address, phone)
Customer Drivers License:
Pickup Date & Time:
Drop off Date & Time:
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Delivery Date & Time:
Pickup Date & Time:
Terms of Contract:
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Rental Information item(s)
Contract Terms:
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Lease Agreement:
1. The Lessee agrees at its own cost and expense to keep said equipment in good working condition and repair during the term of this agreement and to return it to the Lessor in as good condition as it received, normal wear and tear in the hands of a competent operator is expected. Lessor to be the sole judge in determining normal wear and tear and Lessee further agrees to supply a competent operator to operate said equipment if, in Lessor’s opinion, it is being damaged in excess of normal wear and tear. For purposes of this agreement, a competent operator is one who may reasonably be expected to operate the equipment leased hereunder without causing damage to said equipment and without inflicting physical injury to himself or any other person because of his inability, inexperience or negligence. Lessee shall not make any material alterations to the equipment without the prior consent of the Lessor.
2. From the time the equipment is delivered to Lessee until it is returned to the Lessor, Lessee shall use and preserve the equipment in a careful, proper and lawful manner and shall be responsible for any loss or damage thereto from any cause whatsoever. Lessee agrees that all equipment, parts, additions, attachments, accessories and repairs at any time made to or placed upon the equipment
shall become the property of the Lessor.
3. As applicable, the Lessee agrees to exercise care of the tires / tracks on this equipment. The expense of repairing cuts and breaks in a tread / track or sidewall of any of said tires / tracks or replacement when a tire is damaged beyond repair, will be borne by the Lessee. It is agreed that if the parties hereto cannot agree to the necessity for such repairs or replacements, the parties hereto
will be bound by the decision of a representative of a nationally recognized tire manufacturer. Should the tire require replacement as a result of negligence or accident by the Lessee, the cost of replacement shall be borne by the Lessee.
4. Lessee agrees to keep said equipment and Lessee’s interest under this Agreement further agrees not to sublease said equipment or offer it for hire. Lessee shall at its own expense protect and defend Lessor’s title to the interest in the equipment against the claims and demands of all persons claiming by, through or under the Lessee. Lessee shall not remove said equipment from the State
where the equipment was delivered without the written consent of the Lessor. Lessee shall immediately notify the Lessor if the equipment is moved from the location listed above. Lessee will keep the equipment at the address specified above and not remove all or any part of the equipment therefrom without Lessor’s prior written consent. Lessee shall not sell, transfer, assign, sublet or use as security or collateral any of the equipment leased hereunder, or any interest in this lease, any attempt to do so shall constitute an event of default hereunder and such attempted assignment, sublease or use as security or collateral shall be void and without effect. Lessee shall, if at any time requested to do so by the Lessor, affix in a prominent position, plates, tags or other identifying labels showing ownership of the equipment by the Lessor.
5. The equipment shall at all times remain the property of the Lessor regardless of the degree of its annexation to real property. The equipment shall not by reason of annexation to personal property become a part thereto.
6. Lessee agrees the Lessor shall not be liable, whether for breach of contract, negligence, strict liability or other tort or breach of duty. Lessee agrees the Lessor shall not be liable for any property damage or for any personal injury, including death, sustained or suffered by any person, firm, entity or corporation in connection with the operation or installation of said equipment, nor for any loss,
delay or damage resulting from defect in, accidental breakage of, or inefficiency of said equipment. Lessee agrees to assume all risk and liability for, and agrees to indemnify, save and hold Lessor harmless from all claims and liens, all loss of or damage to the equipment and all loss, damage, claims, penalties, liability and expenses, including attorney’s fees, howsoever arising from or incurred
because of the use, operation or storage of said equipment.
7. The Lessee shall during the term of this agreement pay any and all taxes, assessments or other charges levied upon said equipment and any sales, use or other tax which may be imposed by state law on this transaction, and shall comply with all laws relating to the operation of said equipment at his own expense. Should the Lessor at its option, make any payment on behalf of the Lessee or
incur any expense attributable to or payable by the Lessee, Lessee shall reimburse Lessor therefore on demand. Lessee shall not incur for Lessor’s account or liability any expense whatsoever without Lessor’s prior written consent.
8. Lessee agrees if any one or more of the following events of default shall occur: (a) the Lessee shall fail to pay promptly any rental installment or any other amount due hereunder; (b) the Lessee shall fail to perform any of the agreements to be performed by Lessee as provided herein; (c) the Lessee shall become insolvent of any bankruptcy, reorganization, insolvency, case or proceedings under any federal or state law, now or hereafter enacted shall be instituted by or against the Lessee; (d) the equipment is, in the sole opinion of Lessor, being used beyond its capacity or in any manner improperly cared for, abused or misused then in each such event the Lessor, at its opinion, may without notice, retake possession of and remove said equipment without legal process. In the event of such repossession, the total unpaid rental for the entire rental period, plus any other unpaid rentals, shall become immediately due and payable by the Lessee together with the costs and expenses of such a repossession, including the Lessor’s reasonable attorney’s fees and legal expenses, together with interest on all of the foregoing at the highest rate permitted by law. The above remedies shall not
be deemed exclusive.
9. Waiver of any default herein is not a waiver of any other subsequent default. The rights and remedies of the Lessor under this lease are cumulative and are not alternative. The rights and privileges of the Lessor under this lease shall insure to the benefit of its successors and assigns. All agreements of the Lessee contained herein are joint and several if more than one and shall bind the personal representatives, heirs, successors and assigns of the Lessee. Personal pronouns as used herein are intended to refer to corporations, partnerships, and other organizations.
10. Lessor shall retain title to said equipment at all times during the term of this agreement. The Lessee shall not permit any security interest in or any other lien on said equipment or permit anything to be done to impair the title of the Lessor. Lessee agrees not to remove or permit to be removed any serial number, model, name or other indication showing ownership.
11. For the sole purpose of resolving any problem of conflict of laws with respect to filing or recording hereof, it is declared and agreed that this lease shall be deemed to be effective when the equipment is delivered at the address specified above and that questions of filing or recording shall be determined by the law of such place. Lessee agrees to execute any instrument necessary for filing
or recording this agreement upon request of the Lessor. Lessee authorizes Lessor or its assigns to file a financing statement signed only by Lessor or its assigns in all places where necessary to perfect Lessor’s security interest in the equipment in all jurisdictions whenever such filing is permitted by law. Lessor is hereby authorized, at Lessor’s option to insert herein the serial numbers of the
equipment and other identifying marks or similar information.
12. Any alterations or modifications with respect to the equipment that may at any time during the initial term of this lease or any renewal term, be required to comply with any applicable law or any governmental rule or regulation shall be at the expense of the Lessee.
13. Any notice required to be given by Lessee or Lessor hereunder shall be deemed adequately given if sent by registered or certified mail to the other party at address stated herein, or at such other place the parties may designate.
14. No variation or modification of this lease and no waiver of any of its provisions of conditions shall be valid unless in writing and signed by Lessor and Lessee.
15. At all times during normal business hours, Lessor shall have the right to inspect the equipment or observe its use and shall have the right to enter the premises where the equipment may be located for such purpose. Lessee shall immediately notify Lessor of any accident, personal injury or property damage connected with the equipment or its use, including the time, place, and nature of the
accident and the extent of the damage to the equipment and in the event of any such accident, personal injury or property damage, Lessee agrees to cooperate with Lessor and any insurer of the equipment.
16. Upon the expiration or termination of this Agreement, Lessee, at Lessee’s sole expense, shall remove, crate and return the equipment in proper manner, freight and insurance prepaid, unencumbered to Lessor at the place where the rent is paid, or to such other place as Lessor may designate. Any use of the equipment by Lessee beyond the term of this lease shall at the option of
Lessor be deemed to be an extension of this lease on an hourly or daily basis only, and all obligations of Lessee hereunder shall continue during such holding over. During any such holding over, Lessor may terminate such lease and take possession of the equipment upon demand after one days notice to Lessee.
17. Lessee shall pay Lessor all costs and expenses, including attorney’s fees, incurred by Lessor in exercising any of its rights or remedies hereunder, whether or not suit is commenced.
18. Lessee will, at its expense, promptly and duly execute and deliver to Lessor such further documents and assurances and take such further action as Lessor may from time to time request in order to more definitively effect the intent and purpose of this lease and to establish and protect the rights, interest, and remedies intended to be created in favor of Lessor hereunder.
19. This lease constitutes the final, complete and exclusive agreement between the parties. Lessor shall not be bound by any agreement or representation relating in any manner to this transaction, which is not contained in this contract.
20. This lease shall be governed by and construed under the laws of the State of New Hampshire.