Rental Contract

Rental Contract

Lessee agrees to the terms and conditions set forth on the face and reverse side hereof. Any different or additional terms, whether written or otherwise, are hereby objected to and shall have no legal force or applicability whatsoever. This agreement may be signed and delivered by email or text message and shall be binding on the parties. A signature on credit card receipt or invoice is an agreement of rental terms and conditions. A physical copy of this contract is available upon request in its entirety. See the reverse side and any other additional pages of this document for the terms and conditions. Terms and conditions:

PAYMENT TERMS: Rental dues must be paid up front, prior to release or delivery of items. Payment taken upon delivery of items by a Neupy’s Rental employee is available for the lessee if agreed upon ahead of time by Neupy’s Rental and the lessee. Credit card payments on an invoice totaling over $2,500.00 are subject to a 3.5% processing fee. Returned checks are subject to a $30 fee.

FOR LESSEES WITH CHARGE ACCOUNTS: Lessee’s with charge accounts set up with Neupy’s Rental agree to net thirty (30) day terms for their invoices. Lessees may request to set up a charge account with Neupy’s Rental. Lessee, with unpaid invoices aged longer than thirty (30) days, will be subject to standard rental terms INSPECTION: Lessee acknowledges that they have personally had an opportunity to inspect the items and find them suitable for their needs and in good condition and understands its proper use.

FUEL CHARGES: All rental items are expected to be returned, in the case of rentals where the lessee is transporting the items; and picked up, in the case of Neupy’s Rental transporting the items, to have the same amount of fuel onboard as during the start of the rental period. Lessee will be charged $7.00 per gallon of fuel, whether gasoline or diesel, in the event of insufficient fuel upon the end of the rental period.

RENTAL RATES: Rental rates shall apply for the entire time the items are away from Neupy’s Rental’s place of business regardless of weather. No allowance will be made for non-operation because of holidays, strikes, weather, or any other reason unless immediate notice is given by the Lessee and prior approval received from Neupy’s Rental.

LOADING, UNLOADING, AND TRANSPORATION: For rentals where the Lessee transports the items, the Lessee shall, at their own risk, perform all loading, unloading, installing, dismantling, or hauling. For rentals where the Lessee has hired Neupy’s Rental to transport the items, Neupy’s Rental is responsible for loading, unloading, and hauling. The Lessee is responsible for the items upon delivery and is from that point forwards liable for any damage or loss to the items.

DEFINITION OF RENTAL PERIODS: One day is one (1) 24-hour period, or eight (8) hours of use, whichever comes first. One week is seven (7) calendar days, five (5) working days or forty (40) hours of use, whichever comes first. One month is twenty-eight (28) calendar days, twenty (20) working days, or one-hundred-and-sixty (160) hours of use, whichever comes first. A $40 per hour charge will be assessed for any item’s usage beyond the hours indicated in the respective rental period, or combination of rental periods.

INSURANCE: Lessee acknowledges that they have been advised herein by Neupy’s Rental to insure the items in case of injury, loss, or damage. No coverage is provided by Neupy’s Rental. In the case of a long-term rental of more than one (1) month, Neupy’s Rental requires the lessee to provide a Certificate of Insurance (COI), showing that the rented items have been added to their insurance policy.

REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If the items become unsafe or in disrepair because of normal use, the Lessee agrees to discontinue the use and notify Neupy’s Rental who will replace the items in good working order, if available. Neupy’s Rental is not responsible for any incidental or consequential damage caused by delays or otherwise. Replacement of the items and credit for downtime shall be the Lessee’s sole remedy. The Lessee waives any claim for consequential damage or incidental damages.

WARRANTIES: There are no warranties of merchantability or fitness for a particular purpose, either expressed or implied. There is no warranty that the equipment is suitable for Lessee’s intended use, nor that it is free from defects. Neupy’s Rental has made no warranty regarding the items except that they will be in good operational condition when loaded for transit, whether by the Lessee or by Neupy’s Rental.

INDEMNITY: The Lessee agrees to indemnify and reimburse Neupy’s Rental for all liabilities, including attorney fees and costs, of Neupy’s Rental, its agents or third parties arising out of the use of the items or a breach of this contract by the Lessee including those arising Neupy's Rental negligence or the negligence of a third party.

PROHIBITED USES: Use of the items in the following circumstances is prohibited and constitutes a breach of this contract: Use for illegal purposes or in an illegal manner. Use when the equipment is in bad repair or is unsafe Improper, unintended use or misuse. Use by anyone other than the Lessee or its employees, without Neupy’s Rental’s written permission. Use at any location other than any address given to Neupy’s Rental without Neupy’s Rental’s permission. Altering or modifying the equipment in any way. This is not intended to be an exhaustive or complete list of prohibited uses.

ASSIGNMENTS, SUBLEASES, AND LOANS OF EQUIPMENT: Neupy’s Rental may assign its rights under this contract without Lessee’s consent but will remain bound by all obligations herein. The Lessee may not sublease or loan any rented items without Neupy’s Rental’s written permission. Any purported assignment by the Lessee is void.

MAINTENANCE OF EQUIPMENT: The Lessee shall be responsible for daily maintenance and service of the items. This includes, but is not limited to, greasing, checking and maintaining proper fluid levels (checking and “topping off”), cleaning air filters, or any other minor attention that might be reasonably expected. The Lessee may not make any adjustments, repairs, or replace any components on any items without Neupy’s Rental’s written consent. These adjustments and repairs include carburetor adjustments, hose replacements, installing hardware, or any other similar activities. Any long-term service intervals that arise during the rental period should be brought to Neupy’s Rental’s attention, by the Lessee, to give the items proper maintenance. These service intervals include, but are not limited to, engine oil changes, and compressor oil changes.

DIRTY, DAMAGED, OR LOST EQUIPMENT: The Lessee agrees to pay for any damage to, or loss of the items, as an insurer, regardless of cause, except for reasonable wear and tear, while the items are out of possession of Neupy’s Rental. Also, if the Lessee returns items in an excessively dirty condition, with chemical damage to paint, debris or wire tangled in items, or any other damages incurred while items are in the Lessee’s possession, cosmetic or otherwise, that can be reasonably determined to be outside of the definition of normal wear and tear, the Lessee will be charged for the total costs of restoring the items to their cosmetic and functional condition prior to the start of the rental period. Any items returned excessively dirty will result in a cleaning fee of $100 assessed to any Lessee that does not return the items in a clean condition.

SMOKING IN AND AROUND EQUIPMENT: The Lessee and their employees agree not to smoke, whether in the form of cigarettes, cigars, pipes, e-cigarettes, vapes, inside and in the immediate vicinity of the items, or take part in any other activities that can result in the odor and residues of such residues being left behind in or on the items. Any evidence of smoking, including odor and residue, will result in a cleaning fee of $250 assessed to any Lessee that smokes in a rental item.

COLLECTION COSTS AND GOVERNING LAW: The Lessee agrees to pay all costs involved in collection of the charges or enforcement of Neupy’s Rental’s rights under this contract including but not limited to attorney’s fees, collection agency fees, court costs, deposition and transcript fees, expert witness fees, sheriff’s fees, special process server and skip tracing fees, repossession fees and bond cost. The Lessees consents to jurisdiction and venue for the enforcement of any term of this lease with the Circuit Court of Le Sueur County, Minnesota or any adjacent county at Neupy’s Rental’s sole election. Minnesota law will apply to this transaction.

REPOSSESSION: Upon failing to pay rental dues or other breach of this contract, Neupy’s Rental may terminate this contract and take possession of and remove the items from wherever they are located, and Neupy’s Rental and its agents shall not be liable for any claims for damage or trespass arising out of the items. The Lessee further agrees to reimburse Neupy’s Rental for all costs and attorney’s fees associated with repossession.

TERMINATION: The Lessee may terminate the lease at any time after the initial rental period, either by returning the equipment to Neupy’s Rental, or by requesting pickup of the items by Neupy’s Rental. Furthermore, Neupy’s Rental may terminate the lease at any time by sending a notice to the Lessee by physical delivery, regular mail, email, text message, or any other means of telecommunication. Upon sending a Notice of Termination, the Lessee shall immediately return the items to Neupy’s Rental. If the Lessee fails to return the items within two (2) days after receipt of the Notice of Termination, they shall be liable for double the rental rate specified herein until the items are in Neupy’s Rental’s possession. If the Lessee fails to return or interfere in the pickup of the items by Neupy’s Rental within two days of the receipt of the Notice of Termination, they shall be guilty of theft and conversion.

FAILURE TO RETURN ITEMS DURING BUSINESS HOURS: All items must be returned within Neupy’s Rental’s regular business hours, unless otherwise agreed upon in writing between Neupy’s Rental and the Lessee. In the event that goods are not returned during Neupy’s Rental’s normal business hours, whether previously agreed upon or as the result of the failure of the Lessee to return and items during normal business hours, the Lessee agrees to pay for any damage to or loss of the items occurring between the time of return and the commencement of the next business day.

DISCLAIMER OF MANUFACTURE: The Lessee agrees that Neupy’s Rental is neither the manufacturer of the items nor the agent of the manufacturer.

OPERATORS OF EQUIPMENT: The Lessee agrees that the items will be used only by people competent in their operation and agrees to be responsible for providing competent operators. Furthermore, the Lessee acknowledges that Neupy’s Rental and its employees are available for troubleshooting help during the period of the rental during normal business hours by phone call, text message, email, or other means of telecommunication, and that Neupy’s Rental is not liable for any loss of time for the Lessee as a result of improper use of the items by the Lessee and their employees due to incompetent operators.

TITLE: This agreement is not a contract of sale. Title and ownership of the items are, and shall remain, in the possession of Neupy’s Rental.

OPTION TO PURCHASE: Unless a written agreement of an option to purchase by the Lessee at the termination of the Lease of the items described herein is completed, no option to purchase exists and all rentals paid will be considered non-applicable to any purchase of this equipment. Any purchase option agreed upon by the Lessee and Neupy’s Rental shall be processed as follows: Neupy’s Rental shall apply 70% of the pre-tax subtotal of the total rental due to the agreed upon purchase price of the items described herein.

TAXES: The Lessee agrees to pay and indemnify Neupy’s Rental for all taxes incurred with the rental of the items including the Le Sueur County Transit Tax and any other similar tax. LAWS: The Lessee agrees to comply with and conform to all Municipal, State, and Federal laws relating to the operation of items described herein and to pay all costs and expenses of every character occasioned by or involving the use or operation of said items.

SEVERABILITY: The provisions of this agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions. SUBROGATION: In the event of any loss or damage to the rented items, Neupy’s Rental will be subrogated to the Lessee’s rights of recovery against any person, firm or corporation. The Lessee will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. It will cooperate fully with Neupy’s Rental or its insurers in the prosecution of those rights and will not take any action to prejudice Lessee’s rights.

SECURITY: The Lessee hereby assigns, as security for the payment of all monies to become due pursuant to this agreement, all its existence or hereinafter acquired: accounts receivable, claims, equipment, accounts and assets of whatever kind and the proceeds thereof. The Lessee authorizes Neupy’s Rental and its representatives as its attorney-in-fact to file UCC – Financing Statements evidencing this agreement.

NOTIFICATION OF DEFECT OR INJURY: The Lessee agrees that they are responsible for the immediate notification of Neupy’s Rental upon the occurrence of any injury or the discovery of a defect in the items herein. Neupy’s Rental will in no event have liabilities for damage resulting of the supplying of items or their use or the furnishing of any services hereunder. This writing is the entire agreement between the Lessee and Neupy’s Rental and no oral representation by any employee of Neupy’s Rental shall be binding upon it or enforceable. Lessee’s execution of the agreement and/or acceptance of delivery of any part of rented items to be furnished hereunder will constitute Lessee’s acceptance of the provisions contained herein, and the exclusion of any terms and conditions otherwise stated by Lessee or contained in Lessee’s purchase documents which conflict with or limit the provisions contained herein. The Lessee agrees to all terms and conditions described herein.