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RUPP MASONRY CONSTRUCTION CO.  

                             EQUIPMENT USE AGREEMENT

                        Feb  2013                   

EQUIPMENT OWNER:         Rupp Masonry Construction Co. 1261Maine St. Quincy, IL

217-223-3259 Phone & Fax, Johnís Cell # 217-257-0360

E-Mail: mail@rupp1.com        Johnís Home 217-224-2107   Tammyís Cell 217-257-0364

                                               

EQUIPMENT USER:(PRINT)__________________________________________________________

 

ADDRESS:________________________________________________________

 

PHONE___________________________CELL______________________FAX______________________

                                               

DATE:_______________   E-Mail_________________________________________________________

            Equipment Owner leases, loans or rents to Equipment User certain equipment as follows:

DESCRIPTION:  The equipment leased, loaned or rented, is:

Year        _________Make __________________Model ________________                                      

Serial#_______________________ Value$___________________________                           

 

Hour Meter Read   Beginning ________________ Ending ___________________

 

DATE(S) OF USE:  The date(s) of use is (are): _____________________________________________________

           

LOCATION OF USE:  The equipment will be used only at: _______________________________________

 

AMOUNT(S) FOR USE:   1 Day=8 Hours Max  1 week=40 Hours Max or 5 working days.

 

$ ________________ per Hour $ __________ per Day $_________ per Week  $___________Per Month

 

$_________________Flat amount

 

$_________________Hauling charges -TO__________________FROM___________________

 

$_________________Gas Ėfull____ not full______  If full and not returned full a $20 fill up fee will be added

 

$_______________ 15% Insurance or Certificate of Insurance provided listing Rupp As Additional insured

$__________ Total will be due when picked up or when returned

Any unpaid rentals and collection fees shall be paid for by User

 MUST BRING BACK AS CLEAN AS IT WAS WHEN PICKED UP

 

SIGNATURE _______________________________Drivers license #___________________

                                                                    

 

OTHER TERMS:   Page 2

 

Ownership:      Ownership of the equipment will remain with Equipment Owner at all times. 

 

Use:                 The equipment will be used for purposes for which designed and no other uses or illegal purposes.  The equipment will not be subjected to unnecessarily rough usage.  No alterations will be made to the equipment.

 

Return:            Unless otherwise approved by Equipment Owner, the Equipment User will return the equipment to Owner immediately at the end of the rental period at the same location where the equipment was delivered to User.  If not timely returned or not in proper condition, Equipment Owner shall be entitled to recover not only actual damages, but a sum equal to twice the rent for each day return is delayed or the equipment is not usable, plus attorneys' fees    Any unpaid rentals and collection fees shall be paid for by User.

 

Insurance:        Equipment User at User's expense will have the equipment insured against loss or damage by accident, fire, casualty, theft or other cause at its replacement value.  Equipment User will also obtain liability insurance with a combined limit of not less than $500,000.00.  Equipment Owner will be an additional insured.  Equipment User for User and any insurer waives all rights of subrogation against Equipment Owner.  Failure to carry insurance will not relieve User of any obligations under this agreement.

Taxes:              Any sales, lease, rental or other similar taxes related to the use of the equipment shall be paid by Equipment User or, if paid by Equipment Owner, reimbursed to Owner on demand.

 

Repair and Damage:  Equipment User will keep the equipment in good repair and operating condition, allowing for reasonable wear and tear.  Equipment User will be responsible for any loss of or damage to the equipment during the period of use or in User's possession for full amount of the equipment value if user is insured by userís insurance company.  If user is purchasing insurance through equipment owner, user will be responsible for losses or damage up to $2,000.00.

 

Indemnification:  Equipment User will indemnify and hold harmless Equipment Owner, its owners, directors, officers, agents, and employees, from and against all claims, actions, proceedings, costs, damages, and liabilities, including attorney fees, arising out of, connected with, or resulting from the leased, loaned or rented equipment, including without limitation, the manufacture, selection, delivery, possession, use, operation, or return of the equipment.

NO WARRANTY: EQUIPMENT OWNER DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION, QUALITY, DURABILITY, SUITABILITY, OR MERCHANTABILITY OF THE EQUIPMENT.

                            

EQUIPMENT OWNER                                             EQUIPMENT USER

 

RUPP MASONRY CONSTRUCTION CO.                        X____________________________________________

                                                                                                        Signature

By:           John Rupp                    PRINT NAME __________________________

                        Itís President                       

                                                                                DATE: __________________________________________                

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             RUPP MASONRY CONSTRUCTION CO.  ( Rental)

                            RELEASE AND INDEMNITY

                            

          The undersigned acknowledges:

                    Rupp Masonry Construction Co. or one or more of its employees is to provide certain labor and/or equipment usage.

                    The labor and/or equipment usage is to be provided with or without charge.

                    It is intended that no liability or responsibility on the part of Rupp Masonry Construction Co., or others associated with it, arise from the labor and/or equipment usage.

 

          ACCORDINGLY, for value received, the undersigned hereby releases and, further, agrees to indemnify and hold harmless Rupp Masonry Construction Co., its owners, directors, officers, agents, and employees, from and against all claims, actions, proceedings, costs, damages, and liabilities, including attorney fees (herein "claims"), arising out of, connected with, or resulting from the labor and/or equipment usage provided on the date of this Release and Indemnity or that may be provided in the future.

 

          The claims to which this Release and Indemnity shall apply include, but are not limited to, claims involving person, property and all other claims.  Without limiting the scope of this Release and Indemnify, it shall apply to damage to or loss of any property, equipment or goods being moved or transported by Rupp Masonry Construction Co. or one or more of its employees.  Where property, equipment or goods have been or will be moved, it is expressly acknowledged that Rupp Masonry Construction Co. has not and will not chain, harness or prepare such property, equipment or goods, but such work will be performed by the undersigned or its employee or agent.

 

          This Release and Indemnity shall be construed as broadly as permitted by law, and is severable in the event any part hereof is unenforceable.

 

          Date: _______________            _____________________________________________________

                                                                     (Business or Individual Name, as appropriate)

RUPP MASONRY CONST.

1261 Maine St    By:                      X_____________________________________________

Quincy, IL 62301                                                           Signature

217-223-3259 Phone & Fax            

217-257-0360 Johnís Cell          PRINT__________________________________

217-257-0364 Tammyís Cell                

mail@rupp1.com                                        

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