LEASE TERMS

UTAH CRIMINAL CODE 76-6-419 (b.) Theft by PERSON HAVING CUSTODY OF PROPERTY PURSUANT TO REPAIR OR RENTAL AGREEMENT.  A person is guilty of theft if: Having custody of any property pursuant to a rental or lease agreement where it is to be returned in a specific manner or at a specific time, intentionally fails to comply with the terms of the rental agreement concerning return so as to render such failure a gross deviation from the agreement.

  1. Lessee assumes all responsibility for equipment while out of Lessor’s possession and promises to return such equipment to the Lessor in as goods condition as it was at the effective date of the lease, reasonable wear from reasonable use excepted. Lessee shall be liable for any loss, theft, damage, or destruction of leased property from any cause whatsoever, including but not limited to any act of omission of Lessor.
  2. All tools and equipment are used at Lessee’s risk and Lessor assumes no responsibility to any person, including Lessee, for the leased property or the use thereof while said tools and/or equipment is in possession of the Lessor.
  3. Loading and Unloading. Customer is responsible for loading or unloading the goods, tools and/or equipment. Customer agrees to assume the risk of and hold Lessor harmless for, any property damage or personal injuries including damage or injuries attributed to the negligence of the Lessor or its employees.
  4. THE LEASE PERIOD
    1. The lease period shall include all time consumed in transporting the equipment. The lease period shall be measured from the date and time of delivery of the equipment by Lessor to Lessee or to a carrier for transit to the Lessee, up to and including the date such equipment is delivered to Lessor at Lessor’s unloading point.
    2. Time of Return. Customer’s right to possession terminates on the expiration of the rental period and retention of possession after this time constitutes a material breach of this contract. Time is of the essence of this contract. Any extension must be mutually agreed upon in writing by the parties.
    3. Late Return. Lessee agrees to return the rented goods during the Lessor’s regular store hours, upon termination of the rental period. If not timely returned, the Lessee shall pay for all additional changes.
    4. DETERMINATION OF CHARGES. The Lessee shall pay rent for the entire period during which he/she retains possession and control of each article of equipment listed on the reverse side hereof at the same rate thereon stipulated and in accordance with the following:
      1. Four-Week Rates shall not be subject to any deductions on account of any non-working time during the period but the amount payable for any fraction of a month at the end of the period shall be the monthly rate prorated over 20 days.
      2. Daily rates shall not be subject to any deductions for any non-working time in the day and shall be paid for each calendar day in the month. Daily, Weekly, and four-week rates stipulated on the equipment on the reverse side hereof are based on an 8-hour work day, a 40-hour work week and 160-hours for four-weeks. For more than one-shift rental feeds, obtain individual item quotations.
      3. The Lessee also agrees to pay all taxes assessed against said personal property.
      4. PAYMENT. PAYMENT WILL BE MADE TO RENEGADE RENTALS, 925 North Main, Logan, Utah 84321. A FINANCE CHARGE OF 2% PER MONTH (WHICH IS 24% PER ANNUM) WILL BE CHARGED ON THE UNPAID BALANCE OF PAST DUE AMOUNTS. LESSEE AGREES TO PAY ANY FEES AND COSTS INCURRED BY LESSOR FOR COLLECTINO OF ANY AMOUNT OWING AFTER DEFAULT AND IF NECESSARY, ANY AND ALL ATTORNEY’S FEES INCURRED BY LESSOR. ALL CHARGE INVOICES ARE PAYABLE THE 10TH OF THE MONTH.
      5. MAINTENANCE AND OPERATION. The equipment shall be returned to Lessor in as good operating condition as when leased, excepting for reasonable wear and tear.
        1. Lessee will pay for all gasoline and oil used during the term of the lease and will MAINTAIN PROPER OIL LEVEL AT ALL TIMES.
        2. Lessee is responsible for all tire repair and damage caused.
        3. DAMAGED EQUIPMENT. If the equipment is returned in a damaged or excessively worn condition Lessee shall pay Lessor the reasonable cost of repair and pay rent on the equipment during the repair period at one-half the regular rental rate until repairs have been completed. Lessor shall be under no obligation to commence repair work until Lessee has paid therefore. Reasonable wear and tear shall mean only normal deterioration and shall not include, but not be limited to, any deterioration caused by:
          1. Lack of daily maintenance;
          2. Improper operation of the equipment;
          3. Overloading or exceeding the rated capacity of the equipment;
          4. Collision;
          5. Excessive wear caused by use of equipment over one-shift basis. Repairs should be made to the reasonable satisfaction of Lessor, and in a manner which will not adversely affect the operation or value of the equipment, such as welding instead of replacing a part. Any shortage or damage claim the Lessee has, shall be made known to the Lessor within twenty-four (24) hours after the event giving rise to such shortage or damage claim. The cost for all equipment lost or damaged cannot be applied against the purchase price if Lessee desired to purchase the item instead of paying for the repair or cost of repairs of such damaged or lost equipment. The Lessee also agrees to pay a reasonable cleaning charge for equipment returned dirty.
          6. LIABILITY OF LESSEE. Liability for injury, disability, and death of Lessee and/or any other persons caused by or in conjunction with the operation, handling or transportation of the equipment during the Lease period, shall be assumed by the Lessee, and he/she shall indemnify the Lessor against any and all loss, expense, and penalty arising from any action on account of damage to property or person occasioned by the operation, handling or transportation of any equipment during the Lease period.
          7.  COMPLIANCE WITH LAW AND SAFETY REGULATIONS. As Lessor has no control over the use of the equipment by Lessee. Lessee agrees, at its sole expense, to comply with all laws and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) and all other Federal, State, and Local laws, regulations, and ordinances which may affect equipment while it is in the possession of Lessee. Lessor is not responsible for any liability or expense resulting from any actual or asserted violations of such laws, regulations, and ordinances.
          8. TITLE. Title to the equipment shall at all times vest in the Lessor unless transferred to the Lessee through sale. The Lessee shall give the Lessor immediate notice in writing in case any equipment is levied upon or from any cause become susceptible to seizure due to actions by Lessee.
          9. TERMINATION OF AGREEMENT. Should the Lessee defer any payment or become bankrupt, or fail to maintain and operate the equipment as provided by this Lease or violate any provision thereof, the Lessor may terminate this Lease and take possession of the equipment without becoming liable for trespass, and recover all monies due, full damages for injury to, and all expenses incurred in taking possession of the equipment.
          10. SUBLETTING. No equipment shall be sublet by the Lessee nor shall it be assigned or transfer any interest in the Lease without the written consent of the Lessor.
          11. TRANSPORTATION COSTS. All transportation costs will be born by the Lessee. The responsibility for the equipment from the time it leaves the Lessor’s place of business until it returns, including all costs of transportation, loading, and unloading, is the Lessee’s sole responsibility unless otherwise specified on the opposite side of this Lease.
          12. MISCELLANEOUS
            1. If any words, phrases, clause, sentence, or paragraph of this Lease is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this Lease or of any other portion thereof.
            2. This contract is executed and shall be interpreted in accordance with the laws of the State of Utah.
            3. When returning the equipment covered by this contract Lessee shall return the same to an authorized representative of Lessor and obtain therefore a proper return receipt.
            4. The Lessor shall have the right at any time to enter the premises occupied by the equipment without liability and shall be given free access thereto and afforded necessary facilities for the purpose of inspection.

 

UTAH’S RETURN CHECK LAW. THIS LAW ALLOWS THE HOLDER OF A CHECK, DRAFT, OR ORDER WHICH HAS BEEN DISHONORED TO GIVE WRITTEN OR VERBAL NOTICE THEREOF TO THE PERSONS MAKING, DRAWING, SIGNING, OR ISSUING A CHECK, DRAFT, OR ORDER TO IMPOSE AS SERVICE CHARGE NOT TO EXCEED $20.00 IN ADDITION TO CHARGE INTEREST ON THE AMOUNT OF THE CHECK, ALL COURT COSTS, AND REASONABLE ATTORNEY’S FEES. MANAGEMENT POLICY OF THIS STORE IS TO PROSECUTE FULLY UNDER THE PROVISIONS OF UTAH CODE ANNOTATED TITLE 7-15-1, 7-15-2, and 7-15-3.