FRONT FACING TERMS:

TERMS-

THIS AGREEMENT CONSISTS OF THE TERMS AND CONDITIONS ON THE FRONT AND REVERSE SIDE OF THIS DOCUMENT AND CUSTOMER/LESSEE ACCEPTS TERMS AND CONDITIONS ON BOTH SIDES OF THIS DOCUMENT AS BINDING. THE TERM ‘LESSEE’ AND ‘CUSTOMER’ ARE EQUAL FOR CONTRACT PURPOSES.  CERTIFICATE OF LIABILITY REQUIRED. VALID CREDIT CARD REQUIRED (VISA, MC, AMEX, DISC). CARDHOLDER AND OR RECEIVER’S ACCEPTABLE ID REQUIRED. CUSTOMER GIVES AUTHORIZATION FOR PERSON SIGNING THIS CONTRACT TO RECEIVE THIS EQUIPMENT ON THEIR BEHALF. PERSON SIGNING CONTRACT IS AUTOMATICALLY CONSIDERED AN AUTHORIZED AGENT OF THE CUSTOMER/LESSEE.

TRAINING-

OPERATORS OF THIS EQUIPMENT MUST BE CERTIFIED TO OPERATE A POWERED INDUSTRIAL TRUCK AS PER OSHA REGULATION (29 CFR 1910.178), OR ANSI A92/CSA B354 STANDARDS FOR AERIAL EQUIPMENT (MEWP’s). OPERATOR MUST BE 18 YEARS OR OLDER TO OPERATE THIS EQUIPMENT. IT IS THE CUSTOMER’S RESPONSIBILITY TO ENSURE THAT ALL OPERATORS OF THIS EQUIPMENT ARE OF PROPER AGE, COVERED UNDER PROPER INSURANCE, AND PROPERLY TRAINED OR CERTIFIED TO OPERATE THIS EQUIPMENT. LESSEE ACKNOWLEDGES THAT INDUSTRIAL EQUIPMENT SHOULD ONLY BE OPERATED BY TRAINED PERSONNEL AND LESSEE ACCEPTS ANY RISK OF USE AT THEIR OWN PERIL.

USE AND DAMAGE-

LESSEE ACKNOWLEDGES RECEIPT OF EQUIPMENT IN PROPER CONDITION AND OPERATING INSTRUCTIONS. EQUIPMENT IS ONLY TO BE USED AS INTENDED BY THE MANUFACTURER. EQUIPMENT IS TO BE USED ON FIRM LEVEL GROUND AND IN A SAFE OPERATING ENVIRONMENT. THIS MAY BE A NON-INSULATED UNIT AND SHOULD NEVER BE USED WITHIN THE 10’ OF POWER LINES.  NEVER EXCEED RATED CAPACITY.  CUSTOMER MAY NOT REMOVE OR MODIFY ANY SAFETY OR OTHER EQUIPMENT INSTALLED ON A UNIT INCLUDING, BUT NOT LIMITED TO: LOAD BACKREST, OVERHEAD GUARDS, CABS, GUARD RAILS/CAGES, SAFETY HARNESS/LANYARD, BACK UP ALARMS OR OTHER WARNING DEVICES, STROBE OR HEAD LIGHTS. CUSTOMER ASSUMES ALL RESPONSIBILITIES FOR REPAIRS, EQUIPMENT REPLACEMENT OR NEW REPLACEMENT VALUE, OR LOST INCOME DUE TO ABUSE, AND OR NEGLECT OF EQUIPMENT INCLUDING, BUT NOT LIMITED TO: FLATS, COSMETIC DAMAGE, OPERATIONAL DAMAGE, DAMAGED DRIVE TRAIN, MISSING ITEMS, EQUIPMENT CONFISCATION, THEFT AND VANDALISM. TO MAINTAIN ECONOMICAL RENTAL RATES, WE BACK CHARGE FOR ANY AND ALL DAMAGES TO EQUIPMENT RESULTING FROM ABNORMAL USE WHICH INCLUDES BUT IS NOT LIMITED TO: DAMAGED OR LOST RAILINGS, CONTROLS, FORKS, HOSES, SEATS, ATTACHMENTS, ACCESSORIES, GUARDS, TIRES, ANY COST OF CLEANING OR DAMAGE RESULTING FROM PAINT, CONCRETE/STUCCO, SANDBLASTING, CAUSTIC MATERIALS, HIGH HOURS, ETC. THIS WILL BE CHARGED AT PREVAILING RATES. IN SUCH CASE CUSTOMER WILL RECEIVE DETAILED INVOICE. CUSTOMER IS RESPONSIBLE FOR CHECKING PHYSICAL CONDITION OF EQUIPMENT AND ALL FLUID LEVELS DAILY. FUEL REFILLS ARE CUSTOMER’S RESPONSIBILITY. PROPER FUEL, FLUID, AND CHARGE LEVELS SHOULD ALWAYS BE MAINTAINED. CUSTOMER/RENTER/LESSEE IS RESPONSIBLE TO INSURE THAT INDUSTRIAL BATTERIES ARE CHECKED AND ARE WATERED AND CHARGED SUFFICIENTLY. $95 CHARGE FOR ANY PIECE OF EQUIPMENT PICKED UP WITH DEAD BATTERY, FUEL EMPTY, MISSING TANK OR ATTACHMENTS, UNIT UNDRAINED OR UNCLEANED, OR MISSING KEYS, PLUS NEW REPLACEMENT VALUE OF MISSING ITEMS.

FINANCIAL–

WAITING TIME MAY BE CHARGED AT $50 PER 15 MINUTES FOR ANY DELIVERY OR PICK UP DELAY CAUSED BY CUSTOMER OVER 20 MINUTES. A CARRY FEE WILL BE ASSESSED TO INVOICES OVER PAYMENT TERMS FROM INVOICE DATE. CUSTOMER IS RESPONSIBLE FOR ALL LEGAL FEES AND COMMISSIONS INCURRED BY PMT FORKLIFT CORPORATION, AS WELL AS FULL INVOICE, REPAIR OR MAKE WHOLE COSTS, LOST INCOME, AND CONTRACT BALANCE OWED TO PMT FORKLIFT CORP. DUE TO EQUIPMENT REPOSSESSION, OR THIS ACCOUNT BEING PLACED INTO COLLECTIONS. A REPOSSESSION FEE OF $500.00 INVOICED IF EQUIPMENT IS PICKED UP DUE TO CONTRACT DEFAULT OR NONPAYMENT, AS WELL AS ALL RECOVERY COSTS. AUTHORIZATION IS HEREBY GIVEN WITH SIGNATURE OF THIS DOCUMENT TO CHARGE FEES AND CHARGES MENTIONED IN THIS CONTRACT, AS WELL AS OPEN BALANCES DUE, DIRECTLY TO CUSTOMER CREDIT CARD ON FILE. IF A LESSEE AUTHORIZED AGENT IS NOT PRESENT AT PICK UP, EQUIPMENT WILL BE CONSIDERED AS LESSEE’S RESPONSIBILITY UNTIL THE UNIT IS CHECKED IN IN SATISFACTORY CONDITION BY AN AUTHORIZED AGENT OF PMT FORKLIFT CORP. THIS IS THE MAIN POSSESSION AGREEMENT BETWEEN THE PARTIES UNLESS OTHERWISE NOTED.

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