The Company Representative, by signing below, states that he or she has authority to bind the Company, and as part of the inducement for Westside Equipment, to enter into this contract, personally guarantees the timely performance of all obligations hereunder by Lessee, waiving notice and presentment.
This agreement is for the rental by the Lessee from the Lessor of only and exactly the equipment specifically and expressly named on the attached “Customer Form.”
TERMS OF RENTAL & PAYMENT:
(1) Rental rates for the equipment is at the rate specified on the attached “Customer Form,” and begins on the date indicated on the Customer Form. If no rental rate or effective date is specified on the Customer Form, the applicable rate to be charged shall be in accordance with the Westside Equipment standard rental rate in effect at the time the equipment is received by the customer and shall begin at that time. The period of rental terminates on the date that all rented equipment is returned to the Westside Equipment storage yard in satisfactory condition.
(2) Rental rates do not include any tax, levy or other charges imposed, including but not limited to sales tax and use tax. Any and all such amounts shall be charged to the Lessee, in addition to the rental amounts specified herein.
(3) Rental fees will be billed for all days the Lessee is in possession of the equipment. Payment terms are net (30) days. Any invoice amount left unpaid at the end of this (30) day period shall be deemed late and will accrue interest at a rate of one and one half percent (1.5%) per month until such amount is paid in full. If payment is made by a non-cash form, payment is not to be deemed received until the proceeds from such payment have been realized in their entirety by Lessor.
(4) Lessee shall not be entitled to abatement or reduction of rent for any reason whatsoever. This lease shall not terminate as a result or, nor shall the obligations of the parties be affected by, any defect in, damage to, or destruction or loss of possession or use of rented equipment.
SHIPPING & DELIVERY OF EQUIPMENT:
(5) Lessee is responsible for any and all shipping and transportation costs associated with the transfer of the equipment from Westside Equipment, to the lessee, and from the lessee back to the Westside Equipment, at the location designated by Lessor. Rental fees will continue to accrue until the equipment has been returned to Lessor. In addition to the other rights granted herein, Lessor retains the right to observe the installation of the equipment.
(6) Upon receipt of the equipment, Lessee agrees to thoroughly inspect the equipment and report any damage or problems with that equipment to Westside Equipment, within 24 hours. Failure to note damage constitutes acceptance of undamaged equipment.
TERMS OF USE:
(7) Lessee hereby certifies that at all times the equipment will be used and/or operated only by qualified and trained personnel, and that the equipment will, at all times, be in the complete care, custody and control of the Lessee. Lessee further certifies that all equipment will be only used for its appropriate and designated capacity, and that all such use will be reasonable and not harmful to the equipment or any person or property. Lessee agrees that rented equipment will at all times be used, operated and stored in a reasonable and safe manner.
(8) Lessee has the duty to maintain all equipment. Any loss of or damages to the rented equipment while in possession of Lessee will be the responsibility of the Lessee. In the event that rented equipment is damaged or lost during the course of rental by the Lessee, Lessee agrees to pay Westside Equipment, an amount equal to the full replacement price for a new unit and all rental values accrued while the equipment was unavailable for use.
(9) Lessee agrees to maintain insurance satisfactory to Westside Equipment., (a) against theft and casualty loss for the full value of the rented equipment (b) against public liability and property damage with respect to the operation of the well and all equipment, including all equipment rented from Westside Equipment of such insurance at any time.
(10) Westside Equipment retains the right to inspect all equipment at any time, without notice, and/or to have a qualified third-party inspect all equipment at any time, without notice. If after such inspection Lessor is of the opinion that the equipment is being inadequately maintained, inappropriately used, or poses a danger to any person or property, Westside Equipment retains the right to immediately re-possess such
equipment from Lessee. These rights, however, shall not be construed as creating a burden or a duty upon Westside Equipment to supervise or accept responsibility for the actions of any Lessee.
(11) Any repair or maintenance costs required during or after the course of rental by the Lessee, related to damages to the equipment caused by Lessee, shall be borne and paid by the Lessee in their entirety.
LIABILITIES:
(12) In consideration for the lease of equipment, Lessee hereby agrees to indemnify and hold harmless Westside Equipment , and their employees, officers, servants and agents from any and all liability, claims, demands, actions and causes of action, damages and costs whatsoever arising out of or related to any loss, damage, or injury, including without limitation to the fullest extent permitted by law as follows: (a) for any and all personal injury including death to employees, sub-contractors or agents of Lessee, or any third party, or damage to any property caused by, arising out of or incidental to the operation of the well and any rented equipment, including any negligence of Westside Equipment, (b) and any personal injury to any person or any property damage caused by resulting from pollution or reservoir or underground damage, including any negligence of Westside Equipment to the fullest extent permitted by law.
(13) Lessee acknowledges and agrees that Westside Equipment is not the manufacturer of the rented equipment. As between Lessor and Lessee, the rented equipment is provided “as is” without any warranties, either express or implied. Lessor hereby disclaims (a) all warranties of merchantability, (b) all warranties of fitness for a particular purpose and (c) all other warranties. Lessee hereby waives the same.
(14) Lessee is to, at all times, transport, use, store, operate and maintain the rented equipment in accordance with local, state, and Federal law. Lessee accepts all responsibility for violations of legal or administrative rules and regulations occurring during the course of rental and in connection with the rented equipment and hereby releases Lessor and its agents, employees, and representatives from liability relating to
same.
(15) This Agreement shall not be terminated, nor Lessor held liable in damages, if compliance with this agreement is prevented or hindered by an act of God, of the public enemy, adverse field, weather or market conditions, labor disputes, inability to obtain materials in the open market or transportation thereof, or inability to obtain governmental permits or approvals necessary or convenient to Lessor’s operations, such
circumstances of events being hereafter referred to as “force majeure.” Lessor shall notify Lessee in writing within fifteen (15) days of any force majeure which prevents or hinders any compliance, activity or event hereunder, and Lessor shall use all reasonable efforts to remove such force majeure.
ENFORCEMENT:
(16) In the event that any term provided for herein should be held invalid, illegal or unenforceable, the inapplicability of such term shall not affect any other term or condition provided for herein, and instead, this agreement shall be construed as having never contained such provision, provided, however, that the purpose of the agreement can be affected without the provision(s) so declared invalid.
(17) This agreement is to be governed by the laws of the State of Utah, with the courts of the County of Davis, Utah to have jurisdiction over any dispute arising hereunder.
(18) If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this agreement, or to interpret or enforce any rights or obligations under this agreement, Lessee will be responsible for any and all costs, including but not limited to attorney’s fees.
The Lease Agreement constitutes the sole and entire agreement between the parties and may not be changed except by an instrument in writing signed by all parties.