TERMS AND CONDITIONS
Equipment Lease Agreement
DLForklift Services hereby offers to lease to you certain forklift equipment described below. BY agreeing to lace an order with us, this Equipment Lease Agreement (''Agreement'') is made and is effective by and between DLForklift Services (''Lessor'') and you (''Lessee'').
Lessee agrees to be bound by the Lease, whether Lessee has read the Lease or not.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:
1. Lease - Lessor agrees to lease to Lessee the equipment specified on the Order Preview page (the ''Equipment''), and Lessee agrees to lease such Equipment from Lessor.
2. Term - The term of this Agreement shall commence the date the equipment is picked up locally, when the shipper shows delivery of the Equipment, or one day after the first attempted delivery, whichever is first, and shall end on the last day of the rental period specified on the Order Confirmation. The Equipment must be return shipped to Lessor on the last day of the rental. If the last day is a Postal holiday, a one day extension is automatically granted.
3. Delivery - Outgoing and incoming shipping costs for the Equipment are paid for by the Lessee concurrently with the Equipment rental, and include insurance from the shipper. Shipping transit times are estimates, and cannot be guaranteed.
4. Rent/Payment - The cost of the Equipment rental shall be paid up-front and in full with a secure form of payment. Pre-paid debit cards will not be considered a secure form of payment.
5. Late Charges - If Equipment is not returned on the agreed day of the Term, Lessee will incur daily late charges in the amount of a full day rental price for each consecutive day. Late charges will be charged to the original form of payment.
6. Cancellations - Lessee must contact Lessor via email or cell to cancel an order. Orders may be cancelled up until the point when Equipment is delivered or rented in person.
7. Loss/Damage - Lessee assumes the entire risk of loss and damage to the Equipment from any cause. No such event shall reduce Lessee's obligation under this Agreement
In the event of damage to, or loss of, the Equipment, Lessee agrees that Lessor may charge Lessee's credit/debit card for the cost of repair or replacement of the damaged or lost Equipment.
Lessor voids the right to choose the repair method and facility, and Lessor and Lessee agree to be bound by the repair with DLForklift Services as to the cause of the damage and cost of repair for the Equipment.
In the event the Equipment appears damaged upon receipt, Lessee must notify Lessor. Upon notification of suspected damage resulting from extraneous events from acquiring of the Equipment, Lessor will direct Lessee to return the Equipment to Lessor. Lessee and Lessor agree to be bound by the report of DLForklift Services as to the cause of the damage and cost of repair.
If Equipment is not returned or picked up from Lessor at the end of the Term, and no communication is received from the Lessee, it will be deemed to be lost and the Lessee will be charged in full for the equipment.
Damages will be charged at replacement value of the equipment or parts off for return.
8. Repairs - If the Equipment should fail during the Term, Lessee shall promptly notify Lessor, and follow Lessor's instructions with respect to the repairability of the Equipment. Under no circumstances shall Lessee repair, or attempt to repair, the Equipment, or send it to an extraneous facility for repair.
9. Ownership - The Equipment is the sole and exclusive property of Lessor, and Lessee shall not mortgage, pledge, or encumber the Equipment.
10. Use of Equipment - Lessee shall only use the Equipment in a proper manner and will comply with all laws, rules, regulations, ordinances, statutes and orders regarding the use, maintenance, and storage of the Equipment. Lessee will indemnify and hold Lessor harmless from any failure to comply with such obligations.
11. Surrender - Lessee shall be entitled to possession of the Equipment on the first day of the Term. At the end of the Term, Lessee shall surrender the Equipment to Lessor by delivering the Equipment to Lessor in good working condition, excluding normal wear and tear, as it was at the commencement of the Agreement.
12. Insurance - Lessor offers Lessee the option to purchase insurance for unintentional damage to the Equipment. The Determination of whether damage is unintentional and not abuse is at the sole discretion of the Lessor, and any related damage shall be deemed to be intentional. In the event of damage covered by insurance, Lessee will pay a deductible of a proposed % of the replacement or repairability cost of the Equipment.
13. Limited Liability - Lessor does not assume, and Lessee indemnifies and holds Lessor harmless from, any liability or claims resulting from use or malfunction of the Equipment.
14. Default - If Lessee fails to meet any obligation under the Agreement, Lessor has the right to take immediate possession of the Equipment, charge Lessees credit card for replacement cost of the Equipment, to pursue any legal remedies, and to sue to recover any lost equity or income. If litigation is required to recover damages, Lessee is held responsible for all court cost and legal fees incurred by Lessor.
15. Severability - This Agreement represents the entire agreement between Lessee and Lessor. If any portion of the Agreement is found to be unenforceable, it will not affect the remainder of the Agreement, which shall remain enforceable.
16. Governing Law - The Agreement shall be enforced according to the laws of the State of Texas.