Equipment Rental Forklift Hire

EQUIPMENT RENTAL - FORKLIFT HIRE AGREEMENT

Parties

WHEREAS

WHEREAS, Owner owns and leases equipment used for materials handling and related tasks and is willing to rent such equipment to Client on the terms and conditions set forth herein; and

WHEREAS, Client desires to hire the specified forklift equipment for use at Client's work site and represents that Client has the authority and capability to operate or procure a qualified operator for the equipment;

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows.

Equipment Description

Equipment Make/Model:

Serial Number:     Year:     Capacity:

Scope of Work

The Owner shall make available to Client the equipment described above for the purposes of materials handling, lifting, loading, unloading and related activities at Client's designated location. Client shall use the equipment only for lawful purposes and in accordance with manufacturer's instructions and applicable law.

Payment Terms

Rental Rate: $ per .

Security Deposit: $ payable prior to delivery. Deposit refundable subject to inspection and deductions for damage, missing attachments, unpaid charges and cleaning.

Billing Schedule: . Invoices are due within days of invoice date.

Late Fee: A late fee of will accrue on overdue balances. Client is responsible for all collection costs, including reasonable attorneys' fees.

Delivery, Operation & Maintenance

Delivery Location:

Delivery Date: .

Operator Provided by Owner:    Operator Provided by Client:

Maintenance and Repairs: Client shall perform daily checks and basic maintenance. Owner shall be responsible for normal mechanical repairs unless damage arises from Client's misuse, negligence, or unauthorized repairs, in which case Client shall pay repair costs. Client shall notify Owner immediately of any malfunction, accident or loss.

Term and Termination

Rental Term commences on: and ends on: .

Either party may terminate this Agreement for material breach by the other party upon written notice and a day cure period. Owner may terminate immediately if the equipment is used in a hazardous manner or in violation of law.

Early termination by Client may result in payment for the remainder of the agreed rental term or a minimum charge of , at Owner's election.

Insurance, Indemnity & Liability

Insurance: Client shall maintain, at its expense, comprehensive general liability and automobile insurance covering use of the equipment with limits not less than those specified by Owner. Owner shall be named as additional insured where required by Owner in writing.

Indemnity: Client shall indemnify, defend and hold Owner harmless from any claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of Client's use, operation, possession or control of the equipment, except to the extent caused by Owner's gross negligence or willful misconduct.

Limitation of Liability: Owner's liability for any claim related to the equipment or this Agreement shall be limited to direct damages not to exceed the total rental fees paid for the specific rental period. Neither party shall be liable for consequential, incidental or punitive damages.

Inspection & Damage

Prior to acceptance, Client shall inspect the equipment. Client's signature at the end of this Agreement constitutes acceptance of the equipment's condition as of delivery except for latent defects. Client shall be responsible for damage to the equipment while in Client's possession, reasonable wear and tear excepted.

Pre-Rental Inspection Completed: Yes No

Confidentiality

Each party shall keep confidential all non-public commercial information and business practices disclosed in connection with this Agreement and shall not use such information except to perform obligations under this Agreement. This obligation shall not apply to information that is publicly known, independently developed, or required to be disclosed by law, provided the disclosing party is given prompt notice to seek protective relief.

Governing Law & Entire Agreement

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

Entire Agreement: This Agreement, including any written attachments or schedules executed by the parties, constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior agreements and understandings. No amendment or modification will be effective unless in writing and signed by both parties.

Miscellaneous Provisions

Assignment: Client may not assign this Agreement or any interest in the equipment without Owner's prior written consent. Any attempted assignment without consent is void.

Waiver: Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

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