Rental Agreement

This Equipment Rental Agreement is made between Environmental Instrumentation Ireland Ltd trading as EnviroEquip.ie (RENTER) and ………………. (RENTEE) and is effective as of the date of order. Renter will hire the monitoring/sampling equipment package attached to this agreement to the Rentee according to the terms of this agreement.

1. AUTHORISATION. I/We hereby acknowledge receipt of a copy of this contract and hereby represent that I/We have the specific capacity and/or authority to enter into this contract and/or sign this contract on behalf of a corporate or like business entity.
2. TERMS/RENTAL/PAYMENT. This is a lease of the equipment and accessories (collectively referred to as equipment) described to the attached form and not a sale, conditional or otherwise. Rentee acknowledges that it has examined the equipment and it is in good working condition. Renter guarantees all equipment to be operational when it leaves its premises and Renter cannot be responsible for the Rentee’s failure to operate the equipment properly. If Rentee fails to return the equipment by the return date specified on the reverse for any reason, Rentee shall be liable for the daily cost of the equipment until returned or, if lost, replaced.
   
   
3. AUTHORISED USE. Rentee agrees that the equipment shall be used only by duly qualified employees and/or qualified agents of the Rentee. The equipment will be used in strict compliance with standard operating procedures prescribed for the equipment and only for the purpose contemplated. Except in those circumstances where labour is supplied by Renter, Rentee shall keep the equipment in its sole custody and control.
   
   
4. CANCELLATION. Subject to the first day rental or forfeiture of deposit or any amount contractually established for this rental in advance, whichever is greater.
5.  ALTERATIONS. Rentee shall not make any alterations, additions, or improvements to the equipment without the written consent of the Renter.
6.  GENERAL INSURANCE. Rentee hereby agrees to insure the equipment with an insurance carrier for the full value thereof; and shall name Renter as an additional insured and loss payee on their liability and equipment policies and shall provide Renter with a Certificate of Insurance upon demand by the Renter or upon hire of the equipment. The insurance shall cover loss or damage in Ireland or abroad, in transit or otherwise. Rentee must notify the Renter of Rentee’s intention to use equipment outside Ireland and gain their permission to do so. For rentals outside Ireland, Rentee is responsible for payment of all custom duties, excise taxes, brokerage charges, shipping fees, taxes and/or charges that may be imposed by any country. Any additional equipment rentals needed; due to impound or delays in shipping or customs are the responsibility of the Rentee. Rentee hereby acknowledges that daily rental charges shall accrue for time in transit, including time the equipment may be in the hands of customs and are the responsibility of the Rentee. Should the Rentee fail to procure or pay cost of maintaining in force the insurance specified in the terms of this agreement or to provide the Renter upon hire of the equipment with satisfactory evidence of insurance, the Renter may, but shall not be obligated to, procure the insurance and Rentee shall reimburse the Renter on demand for its cost. Lapsed or cancellation or the required insurance shall be an immediate and automatic breach of this agreement. Rentee shall also be liable for any loss or damage sustained by Renter, including but not limited to the daily rental value of the equipment from the pick up date until return, repair and/or replacement during the rental term. This indemnification shall continue in full force and effect during and after the term of the rental for causes arising during the term of the rental.
7.  LOSS AND DAMAGE. In addition to the insurance, Rentee shall be responsible for any loss or damage to the equipment from any cause whatsoever occurring after delivery to Rentee and Rentee’s acceptance of the equipment and before possession of the equipment is returned to the Renter. In the event the equipment is lost, stolen, missing, destroyed or not returned for any reason, the Rentee shall be responsible for the cost to replace the same item with the closest comparable equipped model, at current retail priced less any discounts available without any deduction for depreciation. If the equipment is damaged, broken, or returned incomplete, the Renter will make a determination of the extent of the damage and the required repairs. You and/or your representative(s) will have a reasonable amount of time to inspect the damage. In determining whether equipment shall be replaced or repaired, the Renter’s judgement shall be conclusive upon the Rentee. Should Renter determine that the equipment must be replaced, Rentee will be responsible for the cost to replace the same item or the closest comparable equipped model, at current retail prices less any discounts available, without deduction for depreciation. Rentee shall be responsible and shall pay Renter the repair or replacement cost of any equipment damaged, lost, stolen, missing, broken or otherwise. Rentee shall also be liable for any loss or damage sustained by Renter including but not limited to the daily rental value of the equipment from the pickup date until return, repair, and/or replacement during the rental term.
8. SURRENDER. Upon the expiration or earlier termination of this lease, Rentee shall return the equipment and all accessories (including, but not limited to sensors, connectors, cable, terminations, power cords, operation or maintenance manuals, and test charts furnished by Renter) to Renter in the same condition as at the delivery to Rentee, ordinary wear and tear excepted. Renter’s acceptance of the return of the equipment is not a waiver by it of any claims it may have against Rentee nor a waiver of claims for latent or patent damage to the equipment.
9.  INDEMNIFICATION. Rentee agrees to indemnify the Renter and to hold the Renter, its employees and agents harmless from and against any and all losses, damages, claims, demands or liability of any kind of nature whatsoever, including legal expenses, arising from the use, condition (including, without latent and other defects) or operation of the equipment, and by whosoever used or operated.
10. ENTIRE AGREEMENT. This contract contains the complete and final agreement between Renter and Rentee, and no other agreement in any way modifying any of said terms and conditions will be binding upon Renter unless made in writing and signed by Renter.