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MTECII RENTAL AGREEM EN"ITERNS AND CON p I IONS
<br />This MTech Rental Agreement ("Agreement') Is made between The Safety Company, LLC, dba MTech Company, 7401 First Place, Oakwood Village, OH 44146 ("MTech") and the customer Indicated on the face of this
<br />Agreement (the "Customer') as of the Rental Start Date (the "Contract Date"), and for the equipment so described (the "Equipment"), and set forth on the face hereof.
<br />I) Rental of Equipment: MTech agrees to rent the Equipment to Customer at the Rental Rates and for the period beginning as of the Contract Date, as set forth on the face of the Agreement, in accordance with the Terms and Conditions herein
<br />and on the face of the Agreement.
<br />2) Use of Equipment: The Equipment shall be used solely by the Customer, its employees, agents and contractors, for Its Intended business use, provided that any individual operating the Equipment is a qualified, trained operator of the
<br />Equipment, and provided that all such individuals use the Equipment In a safe and prudent manner, within the guidelines and capacity set forth by the manufacturer of the Equipment. The operator shall not use the Equipment for any unlawful or
<br />unintended purpose and shall operate such Equipment only in accordance with all laws and regulations regarding same. Customer will not use or allow anyone to use the Equipment without proper license or certification, If required under
<br />applicable law. Customer agrees, at Customer's sole expense, to comply with all municipal, state and federal laws, ordinances and regulations (Including those Issued by the Occupational Safety and Health Administration ("OSHA") and the
<br />Federal Department of Transportation ("DOT") regardless If the Customer is a government agency or not) which may apply to the use of the Equipment. Customer agrees that the Equipment will not be used in or near any Hazardous Materials (as
<br />defined by DOT) without the prior written consent Df MTech and such use Is further limited in accordance with other Sections (and more specifically 5, 6, 7 and 8) of this Agreement.
<br />3) Driver Qualification Agreement: Customer agrees to ensure that any and all drivers c f vehicles rented from MTech shall meet the requirements of Code 49 of the Federal Regulations, Part 382, 391 & 395 as well as any other requirements
<br />under DOT regulations regarding commercial vehicles. Customer agrees that records, if requested, will be made available to MTech, state and federal regulators.
<br />4) Receipt and Inspection of Equipment: Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds 9 in good working order and repair, and clean and suitable for Customer's needs. Customer Is
<br />familiar with the proper operation, installation and use of each item or accessory of the Equipment. If applicable, Customer has inspected or will inspect all hitches, bo Its, safety chains, hauling tongues and other devices and materials used to
<br />connect the Equipment to Customer's towing vehicle.
<br />5) Inspection, Maintenance and Cleaning of Equipment: The Customer, at the Customer's expense, agrees to regularly Inspect, clean, care and maintain the Equipment In accordance with the manufacturer's specifications and guidelines,
<br />including. (a) oil, lubricants, filters, tires, tubes, labor, parts and all other operating necessities, and (b) towing services. At the Customer's request, or tithe Customer fails to perform required maintenance when needed, MTech will perform
<br />maintenance, adjustments, or repairs to the Equipment. Customer will pay MTech for all such service work including labor at MTech's current rates, transportation costs, parts, materials and waste disposal. Customer acknowledges that MTech has
<br />no responsibility to, but retains the tight to Inspect the Equipment and observe the use of the Equipment while it is in Customer's possession. The Customer, whenever requested by MTech, will advise MTech of the exact location and condition of
<br />the Equipment. If an inspection/service log Is provided with the Equipment, the log is to be completed daily by the operator or other competent person familiar with the use of the Equipment, maintenance and cleaning of same, and returned to
<br />MTech immediately upon request. Customer Is responsible for the cost of all fuel used and shall only use type of fuel, oils and other lubricants recommended by the manufacturer of the Equipment. Customer will not take Equipment out of the
<br />continental United Sates without the prior written approval of MTech.
<br />6) Return of Equipment: At the expiration of the Term, Customer will return the Equipment during MTech's regular business hours (unless other arrangements have been agreed to by MTech in advance), such Equipment to be in the same
<br />condition and repair as when delivered to the Customer, subject to reasonable wear and tear, as defined In Section 7 of this Agreement. Customer shall be liable for all damages to or loss of the Equipment. Customer Is also liable for Equipment
<br />while In transit unless delivered by MTech. In the case of loss or destruction of any Equipment, inability or failure to return same to MTech for any reason, whatsoever, Customer will be responsible to MTech for the then full replacement
<br />value of the Equipment. Ifthe Equipment is returned In a damaged or excessively worn condition, customer shall pay MTech the cost of repair in accordance with the terns of this Agreement.
<br />7) Reasonable Wear and Tear: Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use. The following shall not be deemed reasonable wear and tear (a)
<br />damage resulting from lack of lubrication or maintenance of necessary oil, water and air pressure levels, (b) any damage resulting from lack of servicing or preventive maintenance in accordance with manufacturer specifications, (c) damage
<br />resulting from any collision, overtunnung, or improper operation including overloading or exceeding the rated capacity of the Equipment or (d) damage in the nature of dents, bending, tearing, staining and misalignment to or of the Equipment or
<br />any part thereof. Repairs to the Equipment shall be made to the reasonable satisfaction of MTech using OEM parts and factory certified technicians in a manner which will not adversely affect the operation, manufacturer's design or value of the
<br />Equipment. Customer shall make no alterations to the Equipment without the prior written consent of MTech. Parts that sustain excessive wear during the rental period such as hoses, flanges, piping, wheels, tire, cables, connectors and nocAes,
<br />etc., shall be replaced at the Customer's expense using only OEM parts.
<br />8) Equipment Cleaning: Upon return of Equipment, Customer shall also provide MTech with copies of MSDS (material safety data sheets) for any products that were stored or transported in the Equipment, if applicable. The Customer must
<br />clean and thoroughly decontaminate the Equipment prior to return If the Customer fails to comply with the terns of this provision, the customer agrees to pay any and all related costs incurred to have the residual material tested, removed and
<br />properly disposed. If the Equipment is not returned as clean as the Equipment was at the beginning of the Term, the Customer will be charged a minimum of the Cleaning Fee listed on the face of this Agreeinent.
<br />9) Term of Use: The Term of this Agreement shall begin on the Contract Date and end on the Rental End Date as set forth on the face of this Agreement, provided the Equip em is returned to MTech, fully cleaned and m the condition required
<br />by the terms and conditions set forth herein, by the Rental End Date. Ilthe Equipment is not fully cleaned or returned in the condition required by this Agreement, Customer shall be responsible and pay the additional cost for the rental of the
<br />Equipment for the period required by MTech to put the Equipment in the condition required of Customer pursuant to the temps and conditions of this Agreement in accordance with Section 10 of this Agreement. In the event the Equipment is
<br />damaged during the Term of Use, Customer shall nevertheless be obligated for the payment to MTech of the listed Rental Rates during the original intended Term set forth on the face of this Agreement AND If the Equipment is not repaired by the
<br />Rental End Date, the Customer agrees that the Rental Rates will continue to be paid by the Customer until such Equipment is once again operational or insurance has settled a claim to replace the equipment in accordance with Section 10 of this
<br />Agreement. Customer shall be required to obtain insurance to cover such obligation of loss of use or loss of rental Income of MTech in accordance with Section 20 of this Agreement.
<br />10) Rental Rate and Excess Usage: The Rental Rate shall be as set forth on the face hereof. The Customer acknowledges and agrees that the daily Rental Rate shall entitle the Customer to use the Equipment for no more than 8 hours per day
<br />during such daily term, weekly Rental Rate shall entitle the Customer to use the Equipment for no more than 40 hours during such weekly term, and that the monthly Rental Rate shall entitle the Customer to use the Equipment for no more than
<br />160 hours during such monthly term. Rental charges commence when the Equipment leaves MTech and end when the Equipment is returned thereto, fully cleaned and otherwise in compliance with this Agreement and is not based upon the actual
<br />usage of the Equipment. Rental charges accrue during Saturdays, Sundays and Holidays. Rental rales are for normal usage based on 8 hours per day, 40 hours per week and 160 hours per month. Customers that use Equipment beyond normal
<br />usage will be charged an additional premium rate for each additional hour operated beyond the normal usage. Additional rental premium will equal the number of excess hours multiplied by the additional use rate (per hour) of .125 of the dally
<br />charge (for the daily rental), .025 of the weekly charge (for a weekly rental) and .00625 of the monthly charge (for a month rental) plus applicable taxes. Customer shall pay MTech overtime charges for services provided at Customer's request
<br />outside normal working hours (7:30 AM - 5.00PM, Monday -Friday).
<br />11) Malfunctioning or Defective Equipment: Should the Equipment become unsafe, malfunction or require repair, Customer shall immediately cease using such Equipment and Immediately notify MTech. If such condition Is the result of normal
<br />use, MTech will repair or replace the Equipment with similar Equipment in working order ifsuch replacement Equipment is available. MTech has no obligation to replace Equipment Inoperable by misuse, abuse or neglect. Customer's sole
<br />remedy for any failure or defect in Equipment shall be the termination of any Rental Charges accrumg after the time of failure.
<br />12) Security Deposit: A Security Deposit may be required as listed on the face of this Agreement. Failure to comply with any terms or conditions of this Agreement may result in MTech utilizing all or part of the Security Deposit for cleaning or
<br />other compliance with this Agreement. Any additional charges under the terms of this Agreement above the Security Deposit amount will be billed to the Customer and shall thereafter be immediately due and payable, without further notice or
<br />demand. The Security Deposit is intended to secure the performance by the Customer of all the terms, conditions, covenants and provision of the Agreement and may not be used by Customer to satisfy any Rental or other payment obligations of
<br />Customer hereunder.
<br />13) Payment: With approved credit, all rentals shall be paid in full within 20 days following MTech's Invoice to Customer. Customer and MTech agree that there shall be added to all past due charges a late fee five percent (5%) and an interest
<br />charge of 1 Y% of the unpaid balance computed and compounding monthly. Customer hereby authorizes MTech to contact the general contractor and/or owner or any other party of the project and arrange Cor joint checks or direct checks to be
<br />written for unpaid rental andjob-related charges. Customer authorizes MTech to charge unpaid rentals and rental related charges to the Customer's credit card provided and/or on file.
<br />14) Failure to Deliver: Customer releases and discharges MTech from any and all liability or damages (Including consequential and special damages) which might be caused by MTech's failure or inability to deliver Equipment or replacement
<br />Equipment for damaged Equipment by any specified date or time.
<br />15) Title to Equipment: This Agreement is not a contract of sale, and title to the Equipment shall at all times remain with MTech. Customer shall keep the Equipment free and clear of all mechanics and other hens and encumbrances.
<br />16) Default: Should Customer in any way fad to perform, observe or keep any provision of this Agreement, MTech may at its option do any one or more of the following. (a) terminate this Agreement, (b) declare all charges immediately due and
<br />payable and commence legal action thereof, (c) retake possession of the Equipment, holding the customer liable for all Rental Rates and other charges, and (d) pursue any other remedies available at law or in equity.
<br />17) Repossession of Equipment: In the event of any breach of this Agreement by Customer, MTech or Its agents may, without notice or legal process, go upon the property where the Equipment is located and lake all action necessary to repossess
<br />the Equipment. Customer waives any right of action and all claims for trespass, damages and losses, physical or pecuniary, caused thereby, and shall pay all costs and expenses Incurred by MTech in retaking the Equipment.
<br />18) Taxes: All taxes and license charges, including but not limited to sales and/or use tax, levied on or assessed against, the Equipment under this Agreement shall be borne by Customer, including, taxes and Incense charges levied or assessed by
<br />any tax or licensing authority on account of the ownership, Agreement, or operation of the Equipment during the term o f the Agreement, except for any taxes based on or measured by income of MTech, and does not apply to annual income taxes. .
<br />19) Government Filings, Fuel Tax Reporting Requirement: Customer agrees to keep all documentation, file all reports and shall pay all taxes required by the International Fuel Tax Agreement (IFTA). Copies of all such records and reporting
<br />shall be sent to MTech each time each such report is filed by the Customer. Customer agrees that the Customer is responsible to complete and keep all driver time logs (including ELD requirements) In accordance with DOT requirements. Should
<br />the Customer end up purchasing the Equipment, the Customer will be responsible for any Sale/Use Tax and any Federal Excise Tax that may be due on the sale of the Equipment. MTech agrees to pay for, apply for and/or Fite all license plates,
<br />Heavy Highway Use Tax and IRP Registration costs, however for any Term greater than one-year such costs will be billed to the Customer as incurred. Customer shall be responsible for obtaining and paying for any other permits needed relating
<br />to the Equipment including but not limited to trip permits, special use permits and overweight permits.
<br />20) Insurance Coverage: Customer agrees to maintain and tarty, at its sole cost with insurers (rated A or better In the most current A.M. Best Key Rating Guide) required liability, physical damage, public liability, property damage and casualty
<br />insurance for the then full replacement value orthe Equipment, including all risk of loss or damage covered by the standard extended coverage endorsement to cover any damage or liability arising from the handling, transportation, maintenance,
<br />operation or use of the Equipment during the entire rental period. Customer further agrees to obtain insurance to cover and/or agrees to pay MTech for any loss of use or loss of rental income which MTech may suffer due to the Equipment not
<br />being useable by MTech for this or any subsequent rentals resulting from damage to the Equipment or for any other reason that would render the Equipment unusable during or following the Tenn. Customer's responsibility for this loss of use or
<br />loss of rental income would continue until the latter of either. a) the end of the agreed upon Term set forth on the face of this Agreement or of such time as the Equipment is again able to be rented by MTech.
<br />For a licensed vehicle, including a car, truck or trailer, prior to receiving the Equipment, Customer shall supply to MTech proof of such insurance by Certificate of Insurance clearly setting forth the coverage for the Equipment (including
<br />replacement value) and naming MTech as loss payee and additional insured. such insurance and evidence thereof to be in amounts and form satisfactory to MTech and subject to the muumums listed below. Maximum deductible amounts shall be
<br />55,000, and Customer shall be responsible to MTech for the amount of any such deductible. The Certificate of Insurance and policy shall provide that MTech receive not less than thirty (30) days notice pnor to any cancellation of the insurance
<br />required hereunder. Customer and the insure(s) shall waive the right of subrogation relating to any occurrence arising out of this Agreement.
<br />WORKERS COMPENSATION STATUTORY
<br />EMPLOYERS LIABILITY $1,000,000 each occurrence, $1,000,000 disease: policy limit, $1,000,000 diseasneach employee
<br />GENERAL LIABILITY $1,000,000 each occurrence, $1,000,000 personal & adv injury, $2,000,000 general aggregate, $1,000,000 products - comp, op agg
<br />AUTOMOBILE LIABILITY $1,000,000 combined single limit
<br />GARAGE LIABILITY $1,000,000 each occurrence
<br />EXCESS,UMBRELLA LIABILITY $1,000,000 each occurrence
<br />21) Indemnification and Hold Harmless: Customer acknowledges and assumes all risks inherent in the operation and use of the Equipment by the Customer, and will take all necessary precautions to protect all persons and property from Injury,
<br />illness or damage while Customer is in possession of the Equipment. MTech shall not be responsible to the Customer or any other party for the loss, damage, claim, injury or illness (including any loss o -profits, business interruption or other
<br />consequential damages) caused by, resulting from, or in any way connected with, the Equipment, Its operation or use, or any defect with respect thereto. Customer agrees to defend, indemnify and hold MTech, its owners, officers, agents and
<br />employees harmless from and against any and all liability, claims, fines, forfeitures, seizures, confiscations, penalties and damages of any kind (including attorneys' fees) for injuries, illnesses or death to persons and property arising out of the use,
<br />maintenance, repair, instruction, operation, possession, ownership or rental of the Equipment, however the cause. Customer shall immediately notify MTech of any and all such proceedings. Customer shall notify MTech immediately of any
<br />accident, collision, injury or death involving the Equipment. Customer will furnish MTech a detailed written report within three days of any such accident, collision, injury or death. Customer agrees that MTech, MTech's owners, officers, agents
<br />and employees shall not be responsible for any liability for property damage, bodily Injury, sickness, disease, occupational disease, disability, shock death, mental anguish and mental injury at any time arising out of the mining of, use of,
<br />installation of, removal of, encapsulation of, or exposure to mold, asbestos products, asbestos fibers, asbestos dust, fuel, dusts or any other toxic chemical from the use and operation of the Equipment. Customer agrees to Indemnify and hold
<br />harmless MTech, MTech's owners, officers, agents and employees from any and all claims, liability, losses, damages and costs incurred by MTech arising from Customer's use of Equipment for the removal afthese products.
<br />22) Disclaimer of Warranties: MTech makes no warranties, expressed or implied, as to the merchantability of the Equipment or its fitness for any particular purpose. There is no warranty that the Equipment is suited for C'ustomer's intended use,
<br />or that it is free from defects. Except as may be specifically set forth in this Agreement, MTech disclaims all warranties as to the Equipment, either expressed or implied, made In connection with this rental transaction_
<br />23) Entire Agreement: This Agreement represents the entire agreement between Customer and MTech. Customer accepts this Agreement by signing this Agreement or by laking delivery of the Equipment. Signing this Agreement or taking
<br />delivery of the Equipment constitutes the Customer's unqualified acceptance of these terms and conditions. There are no oral or other representations or agreements not included herein. None of MTech's rights or Customer's rights may be
<br />changed and no extension of the terms of this Agreement may •oe made except in writing, signed by both MTech and the Customer. The use of Customer's purchase order number on this Agreement Is for the Customer's convenience only. This
<br />Agreement supersedes any purchase orders, forms or other Customer provisions sent or received prior or subsequent to this Agreement. Both parties agree that a facsimile digital copy of this Agreement will hold the same force and effect as its
<br />signed original. If faxing, please also mail the original to our main office.
<br />24) No Assignment: Customer shall not rent, sublease, sublet, assign or loan the Equipment to any third party, and any such action by the customer shall he void unless MTech approves otherwise in writing.
<br />25) Other Provisions: Customer agrees to pay all fees, costs and charges, including court fees, attorney's fees and other expenses incurred by MTech in the collection of any charges due under this Agreement or in the enforcement of its terms.
<br />26) Governing Law: The federal and state courts In Ohio shall have exclusive jurisdiction over all matters relating to this Agreenien! and Customer agrees that on claim, action or suit, regardless of the nature of same, may be brought by Customer
<br />in any other court or jurisdiction. Trial byjuiy is hereby waived by both parties. Service of process may be affected by certified mail, return receipt requested. MTech shall be entitled to decrees of specific performance (without posting bond or
<br />other security) in addition to such other remedies as may be available.
<br />Initials
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