1. Rental Period -The rental period commences when the equipment leaves the storage facility and ends when the equipment returns to the storage facility. If at the completion of the rental period the Customer has not notified Portable Air of the intent to return the equipment the lease shall, at Portable Air’s sole option, either automatically be renewed for an additional period or be subject to default according to the default provisions contained in the rental agreement.
2. Payment Terms – Unless other arrangements are made prior to equipment leaving storage facility the payment for the first rental period, freight charges, and security deposit and other associated charges shall be due in advance. Subsequent payments due on the first day of each rental period.
3. Late Payment – Late payments are subject to a 1.5% per month late payment charge. Failure to meet the payment terms automatically voids the rental agreement contract and all warranties. Failure to meet payment terms automatically voids this contract. At the company’s discretion, rental equipment on delinquent contracts may be removed at renter’s expense by a contractor chosen by the company with all cost of removal constituting additional rent.
4. Delivery / Pick Up – Portable Air shall endeavor to meet scheduled delivery and pick up dates but all such times are estimates only. Portable Air shall not be liable for failure to meet such estimates.
5. Partial Pick Up Fee – Any circumstance that requires additional deliveries and/or pick ups will necessitate an additional fee being billed to Customer. Examples include, but are not limited to, partial call off of Equipment, service calls due to Equipment failure not related to Portable Air, etc. Such charges will be provided to the Customer at time of request and will be agreed upon before work shall commence.
6. Off Rents – Rental will stop immediately on “Off Rent.” Customer must call into the office only to get a computerized “Off Rent” number. Once given, Equipment must be immediately available for pick up or it will continue on rent from original date and return delivery charges will apply. Portable Air has 72 hours to pick up Equipment. Equipment is Customer’s responsibility up to that point.
7. Installation and Removal – Unless otherwise specified in the Rental Agreement, all equipment must be unloaded upon delivery and upon termination reloaded by the Customer. Unloading, rigging, installation, piping, disconnection and the electrical work are not included in the rental charge and are the sole responsibility of the Customer. If contracted by the Customer, Portable Air will unload, rig, and otherwise install the equipment for the Customer and at the end of the rental period disconnect, rig, load and otherwise remove equipment from the jobsite for the fee indicated in the Rental Agreement.
8. Start-Up Service and Disconnection – If someone other than Portable Air provide installation and removal, Portable Air must perform start-up services and a disconnection inspection unless otherwise authorized by Portable Air. Forty-eight hour startup notification is required. The Customer shall provide a minimum of one weeks notice to schedule the disconnection inspection. Start-up services and disconnection inspection are one-time charges billed to the Customer in the first rental period as indicated in the rental agreement. The company supplied start-up services will be billed at $45/hr travel time, $90/hr straight time, and $135/hr overtime, plus out-of-pocket expenses, all of which constitute additional rent.
9. Equipment Repair and Maintenance – Following a successful equipment start-up, the Customer will be responsible to operate the equipment in accordance with the manufacturer’s standard operating procedures, perform routine preventive maintenance (e.g. coil/tube cleaning) and to return it in good working condition, less normal wear.
10. All repairs to rental equipment must be performed by Portable Air. All issues covering equipment malfunction shall immediately be reported to Portable Air in writing. For rentals over one month duration, the Customer shall allow Portable Air to inspect rental equipment each month. Portable Air shall provide emergency repair service. Any repairs or replacements required in Portable Air’s judgment to make the equipment operate properly due to a defect in the rental equipment provided by Portable Air shall be at Portable Air’s expense. Any repairs, replacements and/or unusual cleaning required, during or immediately following the rental, required in Portable Air’s judgment to make the unit operate properly due to improper installation by the Customer, abuse, misuse: or unusual wear will be charged to the Customer at the local prevailing time and material rates.
11. Other Services – Portable Air will provide other services as specified in insurance -The Customer will insure all equipment under an all risk insurance policy, including but not limited to flood. earthquake, and windstorm in the minimum amount of the value of the equipment shown on page 1. Additionally the Customer shall carry general liability insurance covering the use and operation of the equipment in the minimum amount of $1.000,000 per occurrence. All such policies shall name Portable Air as an additional insured and loss payee as its interests may appear. The Customer is responsible for any deductible amounts due. The Customer will provide Portable Air with a Certificate of insurance evidencing the required coverage within 14 days of the commencement of the rental period. Customer waives and releases Portable Air of liability of any kind Customer may seek the insurance coverage required herein or reimbursement from any third party for damages that may have occurred to Customer or Customer’s property, but Customer shall not seek any damages of any kind against Portable Air including but not limited to damage to property, persons, or environmental liability etc.
12. Collection Costs – Customer agrees to pay all reasonable collection, attorneys and court fees and other expenses involved in the collection of the charges or enforcement of Portable Air rights under this contract.
13. Taxes and Licenses – No license, sales or use taxes are included in the periodic rental rate. The Customer shall pay all taxes associated with the rental use of the equipment, as well as all license fees and costs.
14. Default -This agreement is in default when:
a. Any rental charge goes unpaid for a period of ten (10) days after its due date; b. Any other breach of this agreement by the Customer goes uncorrected after ten (10) days written notice to the Customer: c. Any writ or order of attachment, execution the like against the Customer is levied on any of the equipment and is not released or satisfied within ten (10) days; or d. Immediately when a proceeding in bankruptcy, insolvency or receivership is instituted voluntarily or involuntarily by or against the Customer or the Customer enters any agreement or composition with its creditors or is otherwise unable to pay its debts as they become due.
15. Remedies – In the event of default, Portable Air shall have the right to do one or all of the following:a. Declare due, sue for, and receive from the Customer all rents and other amounts payable under the terms of this lease as well as all costs and expenses associated with such proceedings including reasonable attorney fees; b. Disconnect and/or retake possession of any and all equipment With proper notice or other process of law. For such purpose, Portable Air may enter upon a premises where the equipment is located and disconnect and/or remove same with proper notice without being liable to any suit, action or other proceeding by the Customer; c. Terminate this agreement as to any and all equipment; d. Terminate any other agreement between Portable Air and the Customer; and e. Pursue any other remedy at law or in equity.
16. Disclaimer/Liability – Except as provided herein, there are no warranties, express or implied, extended with the lease. Under no circumstances will Portable Air be held liable for any consequential, incidental or special damages of any kind, regardless of the legal theory under which advanced. The Customer is solely responsible for claims, damages or causes of action arising out of or alleged to arise out of the Customer’s negligence or willful misuse of the equipment including but not limited to alteration and modification. The Customer hereby agrees to hold harmless, indemnify and defend Portable Air against any and all such claims and actions of every nature. Any liability for property damage, personal injury or death resulting from the failure of any support services/equipment provided by the Customer is the Customer’s responsibility. Portable Air shall not liable for any damaged property of the customer or of others located on the customer’s property nor for the loss of/or damage to any property of the Customer or others by theft or otherwise. Portable Air should not be liable for any injury or damages to person or property resulting from, but not limited to, chemical or fuel leaks, or equipment failure, or any other cause for service of whatsoever nature. If the Customer discovers a refrigerant leak or inadvertent venting during the rental period, Portable Air must be notified immediately. The Customer must also notify any and all local authorities/agencies (e.g,EPA) in accordance with local regulations. In case of loss or theft, the Customer will be responsible for either replacement of the equipment with identical equipment or payment of its full replacement value. In either case rental charges will continue until the equipment is replaced or reimbursement is made in full.
17. Contract Formation -The Customer’s acceptance of the given quotation and these terms and conditions shall constitute the entire rental agreement.
18. Cancellation – A cancellation charge of the greatest of 50% of the first month’s rent or $500 shall be assessed for the cancellation prior to the delivery of the equipment.
19. Governing – The validity, interpretation, and performance of this purchase agreement shall be governed and construed pursuant to the laws of the State of Florida. Any difference, disputes or controversy arising between the parties out of or in relation to or in connection with this rental agreement, or the breach thereof, which cannot otherwise be settled between the parties shall be determined in legal proceedings, which shall be brought in the Circuit Court in Brevard County, Florida. Each of the parties hereto expressly consents to the jurisdiction of this Court. Judgments may be enforced in any locality. Prevailing party shall be awarded an additional judgment in the amount of reasonable attorney’s fees for both trial and appeal.
20. Notices – All contractual notices of the communication required or permitted to be given hereunder shall be in writing, and if required to be given promptly, shall be given as expeditiously as possible, and in any event, within seven (7) business days and shall be delivered personally, or if by mail, shall be mailed registered or certified mail, return receipt requested, as follows:Portable Air, 555 South Industry Road, Cocoa, Florida, 32926.