Insurance Requirements

TERM OF RENTAL:  Unless otherwise specified in the Equipment Delivery Receipt, all Property shall be rented on a day to day basis and all rental rates shall apply to each full day or any fraction thereof which has elapsed between the time the Property is delivered to Customer and the time it is returned to Outfitters. The manner by which delivery and return are to be  accomplished are described herein below.  Pickup by the Customer from Outfitters or shipment by Outfitters of the Property after 4:00 pm shall be deemed a rental day. Return of the Property to Outfitters after 11:00 am will be deemed an additional rental day.  Where the Property has not been returned to Outfitters by the date specified in the Equipment Delivery Receipt, rent shall continue to accrue on the Property on a day to day basis at the rate contained on the applicable invoice, until such time as the Property has been returned to Outfitters in the manner provided for below.  Regardless of the period of rental specified in the Equipment Delivery Receipt, Outfitters may, by notice to the Customer, cancel any Equipment Delivery Receipt at any time during the term of rental if Outfitters deems that the Customer is misusing equipment, the terms of this Agreement are not being met, or Customer has breached this agreement in any other manner.

DELIVERY:   Unless specifically provided to the contrary in a written agreement signed by an authorized representative of Outfitters, Customer, by signing this agreement, hereby agrees that the property will be deemed delivered to the Customer when it leaves Outfitters’ place of business in the possession of the Customer, an agent of the Customer or any third party carrier.  The Customer shall bear full responsibility for arranging for transportation of the Property from Outfitters’ place of business, including selection of any third party carrier.  Should Customer fail to specify in writing the exact manner by which transportation and delivery shall be accomplished, Customer shall be deemed to have authorized to Outfitters to employ methods of delivery that Outfitters, in its sole discretion, deems to be appropriate for the particular circumstances under which the transportation and/or delivery will occur, including the use of any third party carriers, drayage houses, and/or storage facilities with the Customer bearing the entire risk of loss and/or damage to any Property once it has left Outfitters’ place of business.  In the limited circumstance in which Property is to be delivered to a location away from Outfitters’ place of  business by authorized employees of Outfitters, the Customer shall provide Outfitters with detailed written instructions for the manner and location by which delivery is to be accomplished. If the Customer fails to provide such instructions, or if such instructions fail to address specific aspect of the delivery process, Customer shall be deemed to have authorized Outfitters to  accomplish delivery in any manner that Outfitters, in its sole discretion, deems to be appropriate for the particular circumstances under which the delivery will occur, including delivery to a drayage house or storage facility, with the Customer bearing the entire risk of loss and/or damage to the Property once it is no longer in the physical custody of authorized  Outfitters employees.

RETURN:  The Property shall be deemed returned to Outfitters when it has been delivered to Outfitters place of business.  The Customer shall continue to bear any and all risk of loss and/or damage to the Property until return has been accomplished in this matter. Equipment that has been damaged or destroyed while in the possession of the Customer, an agent of the Customer or any third party carrier shall not be deemed to have been returned to Outfitters until such time as it has been repaired (as provided below) and Customer has been released in writing by an authorized representative of Outfitters from liability for any further rent, or Outfitters has received full replacement value from the Customer or the Customer’s insurer, including payment of any unpaid and/or continuing rental charges. Likewise, equipment that has been lost, stolen or seized by any type of agency, including governmental, while in the possession of the Customer, an agent of the Customer, including but not limited to, drayage houses, storage facilities and/or hotel desks, or any third party carrier shall not be deemed to have been returned to Outfitters until Outfitters has received full replacement value from the Customer or the Customer’s insurer,  including payment of any continuing rental charges, or the equipment has been released from seizure and is in the physical possession of Outfitters in undamaged condition. Under no circumstances shall Outfitters be deemed to have accepted return delivery of or otherwise signed off on particular items of equipment until such time as each item has been unpacked from its  shipping container, examined by Outfitters employees and individually entered into our inventory as returned and undamaged.

RATE AND CHARGES:  The rent payable for any item of Property shall be Outfitters current published rate for such equipment in effect from time to time. This rate is offered to Customer based upon Customer’s credit information available to Outfitters at the time of rental. This completed New Account Form must be signed and returned to Outfitters at least three (3) days prior to first rental. If this information is incorrect or changes during the course of a rental, Outfitters may revise the applicable rate without notice. Rent is payable according to the terms contained on Outfitters’ invoice to Customer (net 30 days from date of invoice). If not paid when due, rent shall bear interest at the rate of one and one-half percent (1½%) per month from the date rental charges were incurred. Any discounts granted by Outfitters may be revoked at any time after thirty (30) days. Outfitters’ published rates are subject to change at any time without notice. All rates are FOB Outfitters, and Customer is responsible for all shipping and delivery charges. Outfitters may assess an additional charge in accordance with its then current rate schedule for pickup and delivery, early pickup services during non-business hours and technical support for the operation of equipment. Canceled orders will be subject to Outfitters’ then current cancellation charge. No allowance will be made for items delivered to but not used by Customer. If Customer qualifies for and elects a damage waiver, as provided below (Damage Waiver), Outfitters will surcharge its published rate by fifteen (15%) and require, in the case of C.O.D. rentals, a cash, credit card or equivalent deposit, which deposit will be refundable (less any unpaid charges and any damage to the Property not covered by Customer’s insurance or the Damage Waiver, as provided below) upon return of all of the Property to Outfitters. Damage Waivers are offered at the sole discretion of Outfitters and Outfitters reserves the right to refuse any Customer’s request for a Damage Waiver. The Customer shall pay all taxes, transportation charges, duties, brokers fees, bonds or other cost imposed on the rental of the Property by the Customer.

LIMITED WARRANTY:  Outfitters warrants that when delivered to the Customer, all Property will be operational to accepted manufacturer specifications. In the event of malfunction, Customer must notify Outfitters immediately and Outfitters will have no responsibility for any malfunction reported after termination of the rental for such Property. Customer shall not attempt to service or repair any of the property and any attempt by the Customer to service or repair the Property, will void the limited warranty provided herein. The limited warranty provided herein shall not apply to any malfunction resulting from mishandling or improper operation of the property after delivery to the customer. Outfitters shall have no liability arising out of the Customer’s inability to operate the Property in accordance with manufacturer’s instructions and contemplated use. Except as set forth herein, Outfitters makes no warranty with respects to the Property and expressly disclaims any warranty, implied or otherwise, that the property is suitable for the Customer’s intended use. Outfitters shall not be liable for any consequential damages and its liability for any breach of the warranty granted hereunder shall be, in Outfitters discretion, replacement or repair of any defective property or a refund of any rent paid by the customer in connection with such property.

DAMAGES AND INSURANCE:   The Customer acknowledges that when the Property is delivered to the Customer, the Customer will have examined the Property and found it to be in good working order. The Customer shall have full  responsibility and liability to Outfitters for the actual cost to repair or replace any Property which during the period between delivery to the Customer and return to Outfitters has been lost or damaged from any cause whatsoever (other than from a malfunction to which Outfitters Limited Warranty applies or ordinary wear and tear). The Customer shall bare any and all risk of loss once the Property lease outfitters’ place of business, except at such time as the equipment is in the exclusive control of authorized Outfitters’ employees, until such time the Property is returned to Outfitters in the manner provided herein. The Customer shall also be liable to Outfitters for an continued rental charges during a reasonable time required to repair or replace damaged equipment, to the extent the Customer is responsible under this agreement for such damage or loss. The  Customer shall be liable to Outfitters for the full replacement costs of any Property which must be replaced as a result of damage, loss or the Customer’s failure to return the Property to Outfitters. The monetary value of any item of Property shall be the value set forth on a list maintained in Outfitters’ office, a copy of which will be provided to the Customer on request. Acceptance by Outfitters of any Property shall not be deemed a waiver by Outfitters of any claims which Outfitters may have against the Customer under this paragraph, even though any damage for which the Customer liable hereunder is discovered later. Prior to taking delivery of the Property, the Customer shall either (I) provide to Outfitters a Certificate of Insurance from a Best Rating.  A VIII or better insurer acceptable to Outfitters, with Outfitters named as the loss payee, in a form and amount satisfactory to Outfitters, evidencing Customer’s insurance covering all risk of loss to the Property at replacement cost value plus any continuing rental charges (charged according to published daily rates), including coverage of the Property while in transit, or (ii) purchase a Damage Waiver. The Customer’s insurance must include rented or leased equipment coverage and must provide coverage during the entire time of rental or lease including transportation of the equipment from and to Outfitters’ place of business, even if such transportation is accomplished by a third party carrier. A Damage Waiver may be purchased from Outfitters, at Outfitters sole discretion, by customers who have a credit history that meets Outfitters’ approval. If the Customer purchases a Damage Waiver, at fifteen percent (15%) of the cost of rental for domestic rentals, Outfitters will waive any damage to the Property resulting from perils covered by Outfitters’ blanket insurance policy in effect at the time the damage occurred, subject to a deductible to be paid by the Customer in connection with any such damage. Outfitters will not waive and Customer will remain liable for any damage resulting from a peril not covered by Outfitters’ blanket insurance policy, including, but not limited to: damage due to water corrosion, damage or loss of lenses due to scratching, damage or loss of C.C.D. pickup devices; unauthorized internal adjustments; unauthorized repairs; water or rain; willful or neglectful misuse, theft from unattended vehicles; theft from visually open vehicles (station wagons, mini vans); theft not reported to local police within forty eight (48) hours (a copy of the police report must be provided); unexplained loss, damage or disappearance, loss due to war, riot, insurrection or government action (including confiscation and seizure); or fraudulent and dishonest acts. Customer is responsible for full replacement cost of Property for the above listed items. Outfitters may, at its sole discretion, require a deposit equal to the deductible amount of the damage waiver, on C.O.D. orders. Such deposits will be returned (less charges for any damages and any unpaid rental charges) upon return of the Property to Outfitters. Not withstanding the existence of any insurance provided by the Customer, the Customer shall be liable for loss for which the Customer is responsible hereunder to the extent not fully covered by such insurance.

USE OF PROPERTY:   The Customer shall at all times retain the Property in its own custody and Customer shall not permit the Property to be moved from the address specified in the Equipment Delivery Receipt, without the prior written consent of Outfitters. The Customer shall operate the Property in accordance with the manufacturer’s instructions and contemplated use and shall not use the Property in any manner which will subject it to abnormal or hazardous conditions, including, but not limited to: not using the Property in accordance with manufacturer’s instructions and contemplated use, negligence (defined as, but not limited to, failure to provide prudent security measures to prevent theft or carelessness in maintaining the equipment properly): or misuse (defined as, but not limited to improper use of equipment, or user error,  causing damage due to utilization of the equipment in a manner for which it is not designed). The Customer shall not make any alterations or improvements to the Property without the prior written consent of Outfitters and shall not deface, remove or cover any nameplate on the Property show Outfitters’ ownership. All Property shall be operated in accordance with applicable Federal, State or local law.

INDEMNIFICATION:  The Customer hereby agrees to indemnify and hold Outfitters harmless from any and all losses and/or claims, including attorneys fee, arising out of possession, use and operation of the Property during the time between delivery of the property to the Customer and its return to Outfitters, including but not limited to: injury, death, property damage, or fines or penalties resulting from the violation by the Customer of any applicable law. Outfitters shall have the right to tender the defense of any such claims to the Customer, or to elect to defend such claims with counsel of Outfitters’ choice. The Customer agrees to cooperate at its expense with Outfitters in the defense of such claims.

TITLE MATTERS:  This Agreement constitutes a lease and not a sale of the Property or the creation of security interest therein. No part of the rental payments made under this Agreement shall be deemed payment towards the purchase of any of the Property. Title to the Property shall remain at all times with Outfitters. The Customer hereby acknowledges Outfitters’  ownership and title in the Property and agrees to keep the Property free of all liens, levies and encumbrances. This agreement constitutes a lease to the Customer exclusively and the Customer shall not assign any rights under this Agreement (or sublease the Property to an other person or entity). Outfitters shall have the right to assign its rights and obligations under this Agreement without the consent of the Customer. In the event of any such assignment, the Customer waives the right to assert by the Customer against Outfitters as a defense against any such assignee.

DISCOUNTS:  If discounts apply to the order, any discounts will not begin until all conditions are met in accordance with this Agreement.

BREACH AND REMEDIES: Outfitters or its agents shall have the right to enter upon the Customer’s premises and take possession of and remove the Property upon: the expiration of the rental term set forth in Rental Contract or any extension of the rental term set for in the Sales Order, any breach by the Customer of any provision of this Agreement, the filing of a Petition in Bankruptcy by or against the Customer, the appointment of receive of a similar proceeding against the Customer, the imposition of any lien or encumbrance upon the Property or the existence of any circumstance in which Outfitters reasonably believes its title to the Property may be in jeopardy. Such possession and removal shall be without liability on the part of Outfitters and without prejudice to Outfitters’ right to pursue any other remedies, including recovery of rent due for the remaining rental term set forth in the Rental Contract or any extension of the rental term set forth in the Sales Order. Outfitters shall have the right and Customer shall take all actions necessary to permit Outfitters to enter into or on any location where the Property is being held or is in use, for the purpose of inspecting Property or exercising its rights under this Agreement. The Customer shall be deemed to be in breach of this Agreement if the Customer fails to comply with any term of this Agreement if; the Customer provides false or misleading answers to the questions contained in this document; the Customer fails to pay any amount due to Outfitters when due under this Agreement or any other agreement between Outfitters and Customer; there has been a termination of any insurance required to be provided by the Customer under this Agreement; there has been assignment by the Customer of this Agreement by operation of law or otherwise; or if a Petition in Bankruptcy has been filed by or against the Customer or a receiver appointed or similar proceeding brought against the Customer. Failure by Outfitters to enforce any remedy or make any election in a timely manner shall not be deemed a waiver of any of its rights or remedies hereunder. In the event of any dispute arising hereunder, Outfitters may elect by written notice to the American Arbitration Association and the Customer given at any time prior to the appearance by Outfitters in any court of law with respect to such dispute, to submit such dispute to binding arbitration to be held in Albuquerque, New Mexico in accordance with the rules of the American Arbitration Association and with all rights of discovery provided for in the New Mexico Code of Civil Procedure which Section is incorporated into and made a part of this Agreement. Subject to the foregoing, any action to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Bernalillo County, New Mexico. In the event of any dispute arising hereunder, the prevailing party in any litigation or arbitration shall be entitled to attorneys fees and costs including fees and costs associated with the judicial confirmation of any arbitration award, execution on any judgment, any appeal, or seeking full faith and credit by any court of a judicial or arbitration award in any other state.

GUARANTIES:  If this Agreement has been signed by any party as a guarantor, such guaranty shall be a continuing guaranty and shall apply to all obligations incurred by the Customer from time to time under succeeding Deliveries or Agreements. Outfitters shall not be required to proceed first against the Customer to recover against said guaranty and said guarantor  hereby waives, to the extent permissible under applicable law, all surety ship defenses, including but not limited to any right to notice, demand, exhaustion of prior remedies, joiner or exhaustion of the assets of the Customer.

MISCELLANEOUS:  This Agreement shall be governed by the internal laws of the State of New Mexico without regard to its conflict of law principles. This Agreement and any extension of the rental term set forth in the Sales Order issued by Outfitters from time to time shall constitute the entire Agreement of Outfitters and the Customer with respect to the rental of the Property. This Agreement may not be modified without in writing signed by both the Customer and an authorized representative of Outfitters. All obligations of the Customer hereunder shall survive expiration of the rental term set forth on any Rental Contract or any extension of the rental term set forth in the Sales Order. Any notice required or permitted to be sent under this Agreement shall be deemed sent when delivered to the business office of the addressee by messenger or express mail delivery, or three (3) days after deposit in the US Mail with first class postage prepaid to the address set forth on the most recent Contract or Agreement. Not withstanding any prohibition on assignment, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. The person signing this Agreement on behalf of the Customer warrants that such individual has been duly authorized to execute this Agreement and to bind the Customer to its terms. In the event any provision of this Agreement is held to be unenforceable, such provision shall be severed from this Agreement and the remainder shall be deemed fully enforceable.