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THIS RENTAL AGREEMENT made and entered into at Goreville, Johnson County, Illinois, this day of _, 20, between Suits Equipment Rentals, Inc., hereinafter referred to as "Owner", and hereinafter referred to as "Renter". Owner hereby rents and Renter hereby takes the following equipment, hereinafter referred to as “Equipment”, subject to the following terms, conditions, and agreements:
SECTION ONE — TERM, RENT AND TITLE
The term of this Rental Agreement shall be for a period of day(s), commencing on the day of ,20__, and terminating on the day of ,20___, at o'clock __.m. The Renter agrees to pay as rental for the above-described Equipment the sum of $ , payable in full upon the commencement date of this Rental Agreement. Title to the Equipment rented will at all times remain in Owner.
SECTION TWO - INSPECTION
Renter by execution hereof acknowledges that Renter has had full opportunity to examine and inspect the Equipment, and accepts the same "as is", and further acknowledges that the equipment is complete, clean, undamaged, and in good working order. Without limiting the generality of the foregoing, Owner makes no express or implied warranty including any implied warranty of fitness for a particular purpose, and there are no warranties that extend beyond the description of the Equipment.
SECTION THREE - OPERATION AND RETURN
Renter shall not alter, disfigure, or cover up any numbering, lettering, or insignia displayed on the Equipment. Renter agrees that the Equipment will not be subject to rough usage, and that its use shall conform to the manual and instructions.
Renter agrees to return the Equipment, and all accessories in the same condition as rented (ordinary wear and tear excepted) to Owner on or before the termination date and time specified in this Rental Agreement. Renter hereby assumes all risk of loss or damage to the Equipment from any cause.
SECTION FOUR - MAINTENANCE AND REPAIRS
(a) The Renter shall keep the Equipment in good condition, including the regular checking of oil, gas, and lubricants. Renter shall be responsible for maintaining the Equipment in the condition it was rented, including making necessary repairs and paying for the same.
(b) If Owner files an action to recover possession of the Equipment or any part of the Equipment, or to enforce or obtain damages for breach of any covenants contained herein, Renter agrees to pay all of Owner's costs and expenses incurred, including reasonable attorney fees.
SECTION SEVEN - MISCELLANEOUS
A. DELIVERY OF NOTICES
All notices under this Rental Agreement shall be delivered in person or by certified mail to the last known address of the party, or to any other place specifically designated by the party.
B. REMEDIES AS CUMULATIVE; WAIVER OF DEFAULT
All remedies under this Rental Agreement are cumulative, not alternative. Waiver of any default herein is not a waiver of a subsequent default.
C. RENTAL AGREEMENT APPLICABLE TO SUCCESSORS AND ASSIGNS
Owner and Renter agree that the rights and obligations under this Rental Agreement shall inure to and be binding on their respective heirs, administrators, executors, successors, and assigns.
D. RENTAL AGREEMENT AS ENTIRE AGREEMENT; SEVERABILITY
This Rental Agreement embodies the entire agreement between the parties. It may not be modified or terminated except by written agreement. If any provision herein is invalid it shall be considered deleted from this Rental Agreement, and shall not invalidate the remaining provisions.
E. ILLINOIS LAW APPLICABLE
This Rental Agreement is executed in Illinois, and all rights and liabilities under this Rental Agreement shall be determined in accordance with the law of Illinois.
F. NO WARRANTIES
OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT RENTED, AND ASSUMES NO RESPONSIBILITY FOR ITS CONDITION.
IN WITNESS WHEREOF the parties hereto have executed this Rental Agreement the date and year first above written.