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- The MEMBER shall keep and maintain
the rented equipment during the terms of the rental at his own cost and
expense. He shall keep the equipment in a good state of repair, normal
wear and tear excepted.
- The MEMBER shall pay TROAV full
compensation for replacement for replacement and/or repair of any
equipment which is not returned because it is lost or stolen or any
equipment which is damaged and in need of repair to put it into the same
condition it was in at the time of rental, normal wear and tear
excepted. The OWNER’s invoice for replacement or repair is conclusive as
to the amount MEMBER shall pay under this paragraph for repair or
- The MEMBER shall not remove the
equipment from the address of the MEMBER or the location shown herein as
the place of use of the equipment without prior written approval of
TROAV. The MEMBER shall inform TROAV upon demand of the exact location of the equipment while it is in the MEMBERS possession.
- The equipment shall be delivered to
MEMBER and returned to TROAV at the RENTER’s risk, cost and expense. If
a periodic rental rate is charged by TROAV, rental charges are billed
to the MEMBER for each period or portions of the period from the time
the equipment is delivered to MEMBER until its return. If a term rental
rate is charged by TROAV, rental charges are billed to the MEMBER for
the full term even if the equipment is returned before the end of the
term. If the equipment is not returned during or at the end of the term,
then the rental charges shall continue on a full term basis for any
additional term or portion thereof until the equipment is returned.
- No allowance will be made for any
rented equipment or portion thereof which is claimed not to have been
used. Acceptance of returned equipment by TROAV does not constitute a
waiver of any of the rights TROAV has under the rental agreement.
- The MEMBER shall allow TROAV to
enter MEMBER’s premises where the rented equipment is stored or used at
all reasonable times to locate and inspect the state and condition of
the rented equipment. If the MEMBER is in default of any of the terms
and conditions of this agreement, TROAV, and his agents, at the MEMBER’s
risk, cost and expense may at any time enter the MEMBER’s premises
where the rented equipment is stored or used at all time and recover the
- The MEMBER shall not pledge or
encumber the rented equipment in any way. TROAV may terminate this
agreement immediately upon the failure of MEMBER to make membership
payments when due, or upon MEMBER’s filling for protection from
creditors in any court of competent jurisdiction.
- TROAV makes no warranty of any kind
regarding the rented equipment, except that TROAV shall replace the
equipment with identical or similar equipment if the equipment fails to
operate in accordance with the manufacturer’s specifications and
operation instructions. Such replacement shall be made as soon as
practicable after MEMBER returns the non-conforming equipment.
- MEMBER indemnifies and holds TROAV
harmless for all injuries or damage of any kind for repossession and for
all consequential and special damages for any claimed breach of
- The MEMBER shall pay all reasonable
attorney and other fees, the expenses and costs incurred by TROAV in
protection its rights under this rental agreement and for any action
taken TROAV to collect any amounts due TROAV under this rental
- These terms are accepted by the
MEMBER upon delivery of the terms to the MEMBER or the agent or other
representative of MEMBER.