EQUIPMENT RENTAL AGREEMENT
THIS EQUIPMENT RENTAL AGREEMENT (this “Agreement”) dated this _______ day of _________ ,20_____
BETWEEN:
Dump Trailers 2 U LLC of 6919 Herbert Shannon Rd
(the “Lessor”)
OF THE FIRST PART
-AND-
____________________________________of___________________________________
(the “Lesser”)
OF THE SECOND PART
(The Lessor and Lessee are the collectively the “Parties”)
IN CONSIDERATION OF the mutual covenants and promises in the Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Lessor leases the Equipment to the Lessee, and the Lessee leases the Equipment from the Lessor on the following terms.
Definition
1. The following definitions are used but not otherwise defined in this Agreement:
a. “Casualty Value” means the market value of Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the equipment.
b. “Equipment” means Dump Trailers which has an approximant value of $7,000.
c. “Total Loss” means any loss of damage that is not repairable or that would cost more to repair than the market value of the Equipment.
Lease
2. The Lessor agrees to leave the Equipment to the Lessee, and the Lessee agrees to lease the Equipment from the Lessor in accordance with the terms set out in the Agreement.
Term
3. The Agreement commences on ________________________, is for a term of one day, and will be renewed on a day-to-date basis. (the “Term”).
Rent
4. The rent, inclusive of sales tax, will be paid in installments of 20% due at the time of reservation, with the balance due at time of delivery. (the “Rent”).


Delivery of Equipment
5. The Lessor will, at the Lessor’s own expense and risk, deliver the Equipment to the Lessee at __________________________________________.
Use of Equipment
6. Material that are unacceptable.
• Hazardous materials or waste
• Concrete or gravel
• Any kind of paint or primer
Tires will be acceptable at an additional fee.
The trailer cannot be moved by renter or used for personal use.
Warranties
7. The equipment will be in good working order and good condition upon delivery.
8. The equipment is of merchantable quality and is fit for the purpose it is ordinarily used.
Loss and Damage
9. To the extent permitted by law, the Lessee will be responsible for risk of loss, theft, damage, or destruction to the Equipment from any and every cause.
10. If the Equipment is lost or damaged, the Lessee will continue paying Rent, will provide the Lessor with the prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
11. In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with the prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lesser.
Ownership, Right to Lease and Quiet Enjoyment
12. The Equipment is the property of the Lessor and will remain the property of the Lessor.
13. The Lessee will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
14. The Lessor warrants that the Lessor has the right to leave the Equipment according to the terms in this Agreement.
15. The Lessor warrants that if no Event of Default has occurred, the Lessor will not disturb the Lesse’s quiet and peaceful possession of the Equipment or the Lessee’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.
Surrender
16. At the end of the Term or upon early termination of the Agreement, the Lessee will make the Equipment available for pick up at_____________________________. If the Lessee fails to make the Equipment available for pick up, the Lessee will pay to the Lessor any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Lessee.

Insurance
17. Lessee represents, warrants, and covenants that Lesse’s own homeowner, renter or other insurance will cover any and all liability that may be related to Lessee’s rental of the Trailer.
Indemnity
18. The Lessee will indemnify and hard harmless the Lessor against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of or relating to the Lessee’s use of the Equipment.
Default
19. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement
a. The Lessee fails to pay any amount provided for this Agreement when such amount is due or otherwise breaches the Lessee's obligations under this Agreement.
b. The Lessee becomes insolvent or makes an assignment of right or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the federal bankruptcy law of the United States or another competent jurisdiction.
c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
Remedies
20. On the occurrence of an Event of Default, the Lessor will be entitled to pursue any one or more of the following remedies (the “Remedies”)
a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Lessee.
b. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
c. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Lessee waives any and all damage occasioned by such taking of possession.
d. Terminate this Agreement immediately upon written notice of the Lessee.
e. Pursue any other remedy available in law or equity.



Assignment
21. THE LESSEE WILL NOT ASSIGN THIS AGREEMENT, THE LESSEE’S INTEREST IN THIS AGREEMENT OR THE LESSEE'S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR.
22. If the Lessee assigns this Agreement, the Lessee’s interest in this Agreement of the Lessee’s interest in the Equipment without the prior written consent of the Lessor, the Lessor will have recourse to the Remedies and will be entitled to all damages caused by the transfer to the extent that the damages could not reasonably be prevented by the Lessor.
Additional Documents
23. Upon written demand by the Lessor, the Lessee will execute and deliver to the Lessor documents required by the Lessor to protect the Lessor’s interest in the Equipment including, but not limited to, the documents necessary to file a UCC financing statement.
Additional Clauses
24.________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
25. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent inconsistent in this Agreement.
Notice of Lease
26. NOTICE TO THE LESSEE: This is a lease. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.

IN WITNESS WHEREOF the Parties have duly affixed their signatures.

_____________________________________, Dump Trailers 2 U LLC, Date ______________________________
(witness)
_______________________________________, Lessee Date _________________________________
(witness)