CS EQUIPMENT, LLC
WE HAVE THE RIGHT TO CHARGE ADDITIONAL FEES FOR:
DAMAGES, FUEL, CLEANING, RECOVERY, TIME & DOCUMENT PROCESSING FOR UNPAID INVOICES, LATE FEES.
MACHINES RENTED LONGER THAN ONE DAY ARE REQUIRED TO BE GREASED BY THE RENTER
MACHINES RETURNED WITH LESS FUEL THAN WHEN DELIVERED/PICKED UP ARE SUBJECT TO COST OF FUEL PER GALLON PLUS 25%
MACHINES RETURNED THAT HAVE NOT BEEN CLEANED ARE SUBJECT TO A CLEANING FEE
EQUIPMENT LEASE
This Equipment Lease Agreement ("Lease") is made effective per the terms of the invoice ("Effective Date"), by and between CS Equipment, LLC, a Florida limited liability company ("Lessor") and the business/entity per the invoice whose address is: Listed in the invoice.
In consideration of the mutual promises herein contained, the parties hereto agree as follows:
1. Equipment Leased. The Lessor hereby leases to the Lessee and the Lessee hereby leases and hires from the Lessor, all machinery, Equipment, and other property described
(a) The schedule executed by the parties concurrently herewith and made a part hereof by reference; and
(b) Any schedule or schedules hereafter executed by the parties hereto and expressly made a part hereof by reference.
All said machinery, Equipment, and other property described in all said schedules are hereinafter called "Equipment" and all said schedules are hereinafter collectively called the "Schedule."
2. Term. The term of this Lease respecting each item of Equipment commences on the date the item is delivered to the Lessee. The term of this Lease ends on the date designated in the Schedule.
3. Rent. The rent for each and every item of Equipment described in the Schedule shall be the amount designated in the Schedule. The Lessee shall pay said rent in advance, in the amounts and at the times set forth in the Schedule, at the office of the Lessor, or to such other person or at such other place as the Lessor may from time to time designate in writing to the Lessee.
4. Default. If the Lessee with regard to any item or items of Equipment fails to pay any rent or other amount herein provided within (10) days after the same is due and payable, or if any execution of any other writ of process shall be issued in any action or proceeding against the Lessee whereby said Equipment may be seized or taken, or if a proceeding in bankruptcy, receivership, or insolvency shall be instituted by or against the Lessee or its property, or if the Lessee shall enter into any arrangement or composition with its creditors, or if the Lessee, with regard to any item or items of Equipment, fails to observe, keep, or perform any other provision of this Lease required to be observed, kept, or performed by the Lessee, the Lessor shall, if such default shall continue for (10) days after written notice there of to the Lessee, have the right to exercise any one or more of the following remedies:
(a) To declare the entire amount of rent hereunder immediately due and payable as to any or all items of Equipment, without notice or demand to the Lessee.
(b) To sue for and recover all rents and other payments then accrued or thereafter accruing, with respect to any or all items of Equipment.
(c) To take possession of any or all items of Equipment, without demand or notice, wherever the same may be located, without any court order or other process of law. The Lessee hereby waives any and all damages occasioned by such taking of possession. Any said taking of possession shall not constitute a termination of this Lease as to any or all items of
Equipment unless the Lessor expressly so notifies the Lessee in writing.
(d) To terminate this Lease as to any or all items of Equipment.
(e) To pursue any other remedy at law or in equity.
Notwithstanding any said repossession, or any other action which the Lessor may take, the Lessee shall be and remain liable for the full performance of all obligations to be performed by the Lessee under this Lease. All such remedies are cumulative, and may be exercised concurrently or separately.
5. Interest. If the Lessee fails to pay any part of the rent herein reserved or any other sum required by the Lessee to be paid to the Lessor within (10) days after the due date thereof, the Lessee shall pay to the Lessor interest on such delinquent payment from the expiration of said (10) days until paid at the rate of percent (25%) per annum, or $150, whichever is greater.
6. Offset. The Lessee hereby waives, and agrees not to assert, any and all existing and future claims, defenses, and offsets against any rent or other payments due hereunder. The Lessee agrees to pay the rent and other amounts hereunder regardless of any claim, defense, or offset which may be asserted by the Lessee or on its behalf.
7. Manner of Use. The Lessee shall use the Equipment in a careful and proper manner and shall comply with all laws, ordinances, and regulations and manufacturer's instructions relating to the possession, use, or maintenance of the Equipment.
8. Markings. If at any time during the term of this Lease, the Lessor supplies the Lessee with labels, plates, or other markings, stating that the Equipment is owned by the Lessor, the Lessee shall affix and keep the same in a prominent place on the Equipment.
9. Lessee's Inspection. The Lessee shall inspect the Equipment upon receipt thereof. Unless the Lessee gives timely written notice to the Lessor, specifying any defect in or other proper objection to the Equipment, the Lessee agrees that it shall be conclusively presumed, as between the Lessor and the Lessee, that the Lessee has fully inspected the equipment and acknowledged that the Equipment is in good condition and repair, and that the Lessee is satisfied with and has accepted the Equipment in such good condition and repair.
10. Lessor's Inspection. The Lessor shall, at any and all times during business hours, have the right to enter into and on the premises where the Equipment may be located for the purpose of inspecting the same or observing its use. The Lessee shall give the Lessor immediate notice of any attachment or other judicial process affecting any item of Equipment and shall, whenever requested by the Lessor, advise the Lessor of the exact location of the Equipment.
1 1. Alterations. Without the prior written consent of the Lessor, the Lessee shall not make any alterations, additions, or improvements to the Equipment. All additions and improvements of whatsoever kind or nature made to the Equipment shall belong to and become the property of the Lessor on the termination of this Lease.
12. Repairs. The Lessee, at its own cost and expense, shall keep the Equipment in good repair, condition, and working order and shall furnish any and all parts, mechanisms, and devices required to keep the Equipment in good mechanical and working order.
13. Loss or Damage. The Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause. No loss or damage to the Equipment or any part thereof shall impair any obligation of the Lessee under this Lease which shall continue in full force and effect. In the event of loss or damage of any kind to any item of Equipment, the Lessee, at the option of the Lessor, shall:
(a) Place the same in good repair, condition, and working order; or
(b) Replace the same with like Equipment in good repair, condition, and working order.
14. Stipulated Loss Value. If the Equipment is detennined by the Lessor to be lost, stolen, destroyed, or damaged beyond repair, the Lessee shall pay the Lessor in cash the "Stipulated Loss Value" as set forth in the Schedule. On such payment, this Lease shall terminate with respect to such item of Equipment so paid for and the Lessee thereon shall become entitled to such item of Equipment as-is-where-is without warranty, express or implied, with respect to any matter whatsoever.
15. Surrender. On the expiration or earlier termination of this Lease, with respect to any item of Equipment, the Lessee shall (unless the Lessee has paid the Lessor in cash the "Stipulated Loss Value" of such item of Equipment pursuant to Paragraph 14, above) return the same to the Lessor in good repair, condition, and working order (ordinary wear and tear resulting from proper use thereof alone excepted) in the following manner as may be specified by the Lessor:
(a) By delivering such item of Equipment at the Lessee's cost and expense to such place as the Lessor shall specify within the city or county in which it was delivered to the Lessee or to which it was moved with the written consent of the Lessor; or
(b) By loading the item of Equipment at the Lessee's cost and expense on board such carrier as the Lessor shall specify and shipping the same, freight collect, to the destination designated by the Lessor.
16. Insurance. The Lessee shall keep the Equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value thereof as determined by the Lessor. The Lessee shall also carry public liability and property damage insurance covering the Equipment. All said insurance shall be in the form and amount and with companies approved by the Lessor, and shall be in the joint names of the Lessor and Lessee. The Lessee shall pay the premiums therefor and shall deliver said policies, or duplicates thereof, to the Lessor. Each insurer shall agree, by endorsement on the policy issued by it or by independent instrument furnished to the Lessor, that it will give the Lessor thirty (30) days written notice before the policy in question shall be altered or canceled. The proceeds of such insurance, at the option of the Lessor, shall be applied:
(a) Toward the replacement, restoration, or repair of the Equipment; or
(b) Toward payment of the Lessee's obligations hereunder.
The Lessee hereby appoints the Lessor as the Lessee's attorney-in-fact to make claim for, receive payment of, and execute and endorse all documents, checks, or drafts for loss or damage under any said insurance policy.
17. Taxes. There shall be added to all charges made under this Lease amounts equal to any taxes, however designated, levied, or based on such charges or on this Lease or the services rendered or parts supplied pursuant hereto, including state and local privilege or excise taxes based on gross revenue, and any taxes or amounts in lieu thereof paid or payable by the Lessor in respect of the foregoing, exclusive, however, of taxes based on net income. The Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances for any taxes, however designated.
18. Lessor' s Payment. In case of failure of the Lessee to procure or maintain said insurance or to pay said fees, assessments, charges, and taxes, as herein specified, the Lessor shall have the right, but shall not be obligated, to obtain such insurance, or pay said fees, assessments, charges, and taxes, as the case may be. In that event, the cost thereof shall be repayable to the Lessor with the next installment of rent. Failure to repay the same shall carry with it the same consequences, including interest at percent (_%) per annum, as failure to pay any installment of rent.
19. Lessor's Warranties. THE LESSOR MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
20. Personal Property. The Equipment is, and shall at all times be and remain, personal property, notwithstanding that the Equipment or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or embedded in, or permanently resting on, real property or any building thereon, or attached in any manner to that which is permanent as by means of cement, plaster, nails, bolts, screws, or otherwise.
21. Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of the Lessor. The Lessee shall have no right, title, or interest therein, except as expressly set forth in this Lease.
22. Lessee's Assignment. Without the prior written consent of the Lessor, the Lessee shall not:
(a) Assign, transfer, pledge, or hypothecate this Lease, the Equipment or any part of it, or any interest in it; or
(b) Sublet or lend the Equipment or any part of it, or permit the Equipment or any part of it to be used by anyone other than the Lessee or the Lessee's employees.
Consent to any of these prohibited acts applies only in the given instance, and is not a consent to any subsequent like act by the Lessee or any other person.
23. Lessor's Assignment. It is understood that the Lessor contemplates assigning this Lease or mortgaging the Equipment, and that the assignee may assign it. All rights of the Lessor under this Lease may be assigned, pledged, mortgaged, transferred, or otherwise disposed of, either in whole or in part, without notice to the Lessee. If the Lessor assigns this Lease or the rentals due or to become due hereunder or any other interest herein, whether as security for any of its indebtedness or otherwise, no breach or default by the Lessor hereunder or pursuant to any other agreement between the Lessor or Lessee, should there be one, shall excuse performance by the Lessee of any provision hereunder. No such assignee shall be obligated to perform any duty, covenant, or condition required to be performed by the Lessor under the terms of this Lease.
24. Indemnity. The Lessee shall indemnify the Lessor against, and shall hold the Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney's fees, arising out of, connected with, or resulting from the Equipment, including, without limitation, the manufacture, selection, delivery, possession, use, operation, or return of the Equipment.
25. Attorney's Fees and Expenses. The Lessee shall pay the Lessor all costs and expenses, including attorney's fees, incurred by the Lessor in exercising any of its rights or remedies hereunder, or in enforcing any of the terms, conditions, or provisions hereof.
26. Concurrent Remedies. No right or remedy herein conferred on or reserved to the Lessor is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time.
27. Nonwaiver. No covenant or condition of this Lease may be waived except by the written consent of the Lessor. Forbearance or indulgence by the Lessor in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by the Lessee to which the same may apply, and, until complete performance by the Lessee of any covenant or condition, the Lessor shall be entitled to invoke any remedy available to the Lessor under this Lease or by law or in equity despite said forbearance or indulgence.
28. Entire Agreement. This Lease and each incorporated Schedule constitutes the entire agreement between the Lessor and the Lessee and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. This Lease shall not be amended, altered, or changed except by a written agreement signed by the parties hereto.
29. Notices. Service of all notices under this Lease shall be sufficient if given personally or mailed to the party involved at its respective address herein set forth, or at such address as such party may provide in writing to the other party from time to time. Any such notice mailed to such address shall be effective three (3) days after deposit in the United States mail, duly addressed, and with postage prepaid.
30. Gender Number. Whenever the context of this Lease requires, the masculine gender includes the feminine or neuter, and the singular number includes the plural. Whenever the word "Lessor" is used herein, it shall include all assignees of the Lessor. If there is more than one Lessee named in this Lease, the liability of each shall be joint and several.
31. Time. Time is of the essence in this Lease and in each and all of its provisions.
32. Governing Law. This Lease shall be construed under and in accordance with the laws of the State of Florida and the site and proper venue for any judicial or other dispute resolution proceeding(s) shall be in Duval County, Florida.
33. Binding Effect. This Lease shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Lease.
34. Separability. If any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.