Port City Rentals, Inc., hereinafter referred to as “Lessor”, leases to the Lessee the machines, goods or equipment, hereinafter referred to as the “Equipment”, subject to the terms and conditions as follows:

1. This agreement is one of rental only and nothing herein contained shall be construed as conveying to the Lessee any right, title or interest in and to the Equipment except as a Lessee only.

2. Rental rates for the day are based upon one shift of 8 hours per day; for the week upon 40 hours per week; for one month, upon 160 hours per month of a 28 consecutive day period. In the event that the Equipment is used longer than the above specified time for any period, rental for overtime will be charged as follows:

a. Daily: 1/8th of the daily rate for each hour used in excess of 8 hours in any one day.
b. Weekly: 1/40th of the weekly rate for each hour used in excess of 40 hours in any one weekly period.
c. Monthly: 1/60th of the monthly rate for each hour used in excess of 160 hours in any monthly period of 28 consecutive days.

3. Lessee acknowledges that he has examined the Equipment and that it is in good condition and repair and agrees to use reasonable care in the operation of the Equipment. Upon termination of the rental, Lessee shall return the Equipment to the place of business of the Lessor in as good condition as when received by the Lessee, ordinary wear and tear excepted. Lessee shall pay for any damage to the Equipment and for any missing parts or accessories at the rate and prices customarily charged by the Lessor for repair or replacement of the parts. Lessee shall also pay for the cost of cleaning the Equipment if necessary to return it to the same condition as when received by the Lessee.

4. In the event of the loss or destruction of the Equipment or any of its accessories, or the failure to return the same for any reason, the Lessee shall promptly pay the Lessor the replacement value thereof.

5. After delivery of the Equipment to the Lessee and until re-delivery thereof to the Lessor, all risks of loss, injury or destruction to the Equipment, or caused by the Equipment, shall be responsibility of the Lessee. Lessee agrees to indemnify and hold the Lessor harmless from and against all losses, damages, injuries, claims, expenses (including attorney’s fees), and liabilities of whatsoever nature resulting from or arising out of the use or operation of the Equipment during the entire period of rental hereunder. Such indemnity shall continue in full force and effect notwithstanding the termination of this agreement.

6. Lessee agrees to maintain, at its own expense, for the protection of the Lessor, adequate liability, physical damage and casualty insurance, including all risks covered by the standard extended coverage endorsement, to cover any damage or liability arising from the handling, transportation, maintenance, operation or the use of the Equipment during the entire period of the rental hereunder.

7. Lessee agrees to furnish, at its own expense, all fuel and lubricants necessary for the operation of the Equipment.

8. Lessee will not permit the Equipment to be used in violation of any federal, state and municipal statute, law or ordinance, rule or regulation applicable to the operation of such Equipment and will indemnify and hold harmless from any and/or all fines or penalties for the violation of any statute, law, ordinance, rule or regulation of any duly constituted public authority.

9. If action becomes necessary by the Lessor to enforce any of the terms of this agreement or to collect any sums of money for damages to or use of said Equipment, the Lessee agrees to pay all costs and reasonable attorney’s fees incurred by the Lessor.

10. The provisions of paragraphs 3 and 4 above provide, among other things, that the Lessee is responsible to the Lessor for any loss or damage to the Equipment. If, however, Lessee accepts the Damage Waiver on the front side of this agreement, Lessor will waive its right to recover from the Lessee the cost of loss or damage to the Equipment caused by the following:

(1) Fire; (2) Lightning; (3) Windstorm; (4) Hail; (5) Aircraft; (6) Smoke; (7) Flood; (8) Explosion; (9) Earthquake; (10) Riot; (11) Civil Commotion; (12) Collision or Upset.

Lessor will not waive its right to recover from the Lessee the cost of loss or damage caused by:

(1) Malicious Mischief (2) Mysterious Disappearance (3) Theft (4) Abuse or neglect by the Lessee.

11. There will be no refunds for unused equipment.

12. Lessor is required to pay rental tax. Only local, state and Federal government agencies will be exempt from rental tax.

13. We accept cash, checks, credit cards and money orders. All c/c charges are subject to a 3% surcharge.