In signing a rental contract with Midlantic Machinery, you’ll agree to these terms and conditions, which are printed on the contract. Please contact us with any questions. Go to rentals page.

Rental Contract Details

Section 1 - Equipment.  Midlantic Machinery, Inc. herein called the “Lessor “ hereby agrees to lease to: 

Name of Lessee _____________________________________________________________ Phone # ____________________________
Address of Lessee _______________________________________________________________________________________________

Herein called the “Lessee”, the following described Equipment: (include serial number of machine, attachments, etc.)

Description of Equipment: Make_______ Model________________ Serial # ________________ Replacement Value $ ____________
Description of Attachment #1 ______________________________________________________ Serial # ________________________
Description of Attachment #2 ______________________________________________________ Serial # ________________________
Description of Attachment #3 ______________________________________________________ Serial # ________________________
Description of Attachment #4 ______________________________________________________ Serial # ________________________

Section 2 - Payment of Rent. All rents hereunder are payable in advance, on the first day of each Rental Period. Any sales or use taxes and other costs, fees, and charges, shall be added to the rent hereunder and remitted by Lessee.

 (a) Minimum rent: Lessee shall pay $ ____________ per _________ (hereinafter “Minimum Rent”) for rental of the Equipment  during this Lease, guaranteed minimum Rental Period of _________ month(s). (Not less than 1 month, where 3 days = 1 week,  3 weeks = 1 month)

 (b) Excess Usage Charge: Rental rates are for normal and reasonable use of Equipment not exceeding 8 hours per day, 5 days  per week (one shift-basis).  Excess usage rates or 2 shifts are charged at 1 ½ times normal rate, 3 shifts are charged at 2  times normal rate.  Payment under this Subsection (b) is due on the first day of the second Rental Period following any  Rental Period in which the hours of use exceed the amount stated in this Subsection (b).   

 (c) Lessee shall make available any records requested by Lessor in order to verify the hours of use of the Equipment.

Section 3 - Period of Rental Agreement.  Each month/week/day shall be referred to herein as a “Rental Period.” Subject to the preceding Section, the Rental Period shall begin on and include the date of delivery of the Equipment at the FOB Point and shall end on and include the date of return of the Equipment to Lessor. At the expiration of the last Rental Period, if the Equipment is not returned to Lessor or if Lessee does not purchase the Equipment pursuant to its purchase option (if any) set forth in Section 7 below, this lease shall automatically renew for additional successive Rental Periods, subject to termination hereof by either party at any time during such automatic renewal on at least ten (10) days’ written notice. Such automatic renewals shall be on all the same terms and conditions contained herein.

Section 4 - FOB Point & Job Location.  (a) All rental amounts and other charges are “Free on Board”    ________________ herein called the “FOB Point.” (b) The Equipment shall be used at the following location (“Job Location”) by the Lessee and at no other location: (list job location, including county, job description, and identify project.)

 ________________________________________________________________________________________________________________________________________________________________________________________

Section 5 - Delivery Date. Equipment shall be delivered to Lessee at the FOB Point on or about _____________, 20_____, and the Rental Period shall commence on that date.

Section 6 - Insurance.   (a) Lessee shall maintain insurance policies on the Equipment with a licensed insurance company acceptable to Lessor in an amount equal to the value of the Equipment as indicated in Section 1 of this Lease and the value of any trailer provided. Such insurance shall protect the Equipment against all risks of physical loss or damage from any external cause, including, but not limited to, fire, standard extended coverage perils, vandalism and malicious mischief, theft, collision, damage during transporting, landslide, earthquake, flood and explosion. Lessor shall be an additional insured under all such policies.  (b) Lessee shall purchase commercial liability policies for payment of (i) bodily injury, with liability limits of $1,000,000 for any one person and $1,000,000 for any one occurrence; and (ii) property damage with liability limits of at least $500,000. Lessor shall be named as an additional insured on all such policies.  (c) Lessee shall furnish to Lessor certificates of insurance evidencing compliance with this Section, which certificate shall provide for thirty (30) days prior written notice by registered mail to Lessor of any cancellation or change in coverage.  The insurance so provided shall be effective during the period from the moment of delivery of each piece of Equipment under lease to Lessee until the moment of return or surrender of possession to Lessor or its authorized representative.

Section 7 - Purchase Option. (Indicate Option Applicable)

______ No purchase option is applicable to the equipment described in Section 1 of this lease.

______ The following purchase option shall apply:

After the Rental Period begins, or on _______________, 20____, Lessee shall have the option to purchase the Equipment upon tender of the Purchase Price in current funds.

 (a) The Purchase Price of the Equipment shall be:

         (1) $ ______________________; and

         (2) A service charge of _________% per month from the date of the Rental Period began to the date this option is          exercised by full payment of the Purchase Price; and

         (3) The cost of all repairs and maintenance performed by the Lessor;

         (4) and any other amounts due to Lessor hereunder;

         (5) _______% of the rent paid hereunder shall be considered partial payment of the Purchase Price of the Equipment.

 (b) The option under this Section shall terminate __________months (not to exceed 6 months) after the Rental Period begins,  upon return of unit, or any default hereunder by Lessee, whichever first occurs.

Section 8 - Delivery, Assembly & Inspection. (a) Lessee shall deliver from the FOB Point, unload and assemble the Equipment at its own cost and expense. Lessor may provide a technician to assist in the unloading and assembly of the Equipment.  Lessee shall unload, assemble and inspect the Equipment not more than 24 hours after delivery of the Equipment to the FOB Point. If Lessee has not notified Lessor of any defect or inadequacy of the Equipment within 24 hours, it shall be conclusively presumed and established that Lessee has fully inspected and acknowledged that the Equipment is in good condition and repair and conforms in all respects to the requirements under this Lease.  (b) If Lessee provides notice to Lessor that any of the Equipment is defective or does not conform to the terms of this Lease, Lessor shall have the right to repair or replace the Equipment as is necessary, within a reasonable time after receipt of notice from Lessee of such condition or Lessor may, in its discretion, cancel this Lease whereupon all rights, duties and obligations hereunder shall immediately cease. Lessor shall not be required to repair or replace any Equipment found by Lessee to be defective or non-conforming under this Section.

Section 9 - No Warranty.  Lessee acknowledges that this Lease may apply to new or used equipment and the Lessor is not a manufacturer, but Lessor may request its suppliers to authorize Lessee to enforce, in its own name, any warranties, agreements or representations, which may be made by such suppliers to either the Lessee or Lessor.

ANY MANUFACTURER’S WARRANTIES WHICH ARE FOR THE BENEFIT OF, OR WHICH ARE ENFORCEABLE BY, LESSEE, ARE IN LIEU OF ALL OTHER WARRANTIES, IF NO MANUFACTURER’S WARRANTIES ARE FOR THE BENEFIT OF LESSEE OR ARE ENFORCEABLE BY LESSEE, THEN THERE ARE NO WARRANTIES. LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ITS SAFETY OR THE DEGREE OF RISK OR DANGER WHICH MAY BE INVOLVED IN ANY USE, THE DESIGN OF THE EQUIPMENT, THE QUALITY OR CAPACITY OF THE EQUIPMENT, THE WORKMANSHIP IN THE EQUIPMENT, COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING THERETO, PATENT INFRINGEMENT, OR LATENT DEFECTS. NO DEFECT IN OR UNFITNESS OF THE EQUIPMENT SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR ANY OTHER OBLIGATION UNDER THIS LEASE. IN NO EVENT SHALL LESSOR BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND.

IN WITNESS WHEREOF, intended to be legally bound, the parties have duly executed this agreement:

     MIDLANTIC MACHINERY, INC.

     LESSOR:____________________________________                    LESSEE:____________________________________ 

     By: Midlantic Machinery (Signature & Date Required)            By: Customer (Signature & Date Required)

Acceptance by Lessor:  This Lease shall not become effective until approved on behalf of Lessor by one of its authorized officers within the Commonwealth of Pennsylvania and shall be deemed to be dated as of the date of such approval.

Section 10 - Right of Inspection. Lessor shall have the right, during normal business hours to enter upon Lessee’s premises and elsewhere for the purpose of ascertaining the existence and condition of the Equipment and use thereof.

Section 11 - Maintenance.   (a) Lessee shall immediately report to Lessor any malfunction or failure of the Equipment and any accident or other casualty to the Equipment.  Lessee shall properly maintain and perform daily preventative maintenance in accordance with procedures recommended by the manufacturer of the Equipment and Lessee shall be responsible for payment for said maintenance.  (b) Lessor shall perform periodic maintenance as required.  (c) In the event of any accident to or breakage of any part of the Equipment, Lessee shall notify Lessor.  Lessor may at its election, repair the Equipment and Lessee shall reimburse Lessor for any costs incurred for repair of the equipment. Such charges made by Lessor to Lessee under this Section shall constitute additional rent hereunder. Lessee shall pay for and provide all necessary power and supplies required for maintenance and repair of the Equipment.  In addition to these costs and expenses, Lessee shall also reimburse Lessor for its rental or lease income during the time that the Equipment is being repaired. (d) Lessee shall not allow the Equipment to be used or operated by anyone who is not thoroughly trained and competent to do so. All training of personnel to use or operate the Equipment shall be the responsibility of and at the cost of Lessee. Lessee represents and warrants that Lessee has all necessary training and facilities to use, operate and maintain the Equipment in accordance with the manufacturer’s and with Lessor’s requirements.

Section 12  - Tires. For any Equipment requiring tires, Lessee shall be responsible for examining tires upon receipt of the Equipment and if no claim is made by Lessee to Lessor before use of the Equipment, Lessee shall be deemed to have accepted the tire condition as in compliance with this Section. From the time of acceptance by the Lessee, all maintenance and repair of tires, including, without limitation, replacement for wear and tear, shall be performed by Lessee at its cost. Lessee shall replace any tires damaged during Lessee’s use with a tire of equal grade, age and remaining use as the tire being replaced. At the expiration or other termination of this Lease, all tires on returned Equipment shall be in an undamaged, recapable condition, normal wear and tear excepted.

Section 13 - Risk of Loss.  (a) Upon delivery by Lessor of the Equipment to the FOB Point, all risk of loss or damage to Equipment shall pass to Lessee at that time and place. The  risk of loss or damage to the Equipment after such time, shall at all times remain with the Lessee until the Equipment has been surrendered to the possession of and accepted by Lessor at a location to be designated by Lessor. Lessee shall pay Lessor for all loss and/or damage to the Equipment from any cause whatsoever. The value of the Equipment for determining amount of loss or damage shall be as stated in Section 1, without diminution for any reason, including, without limitation, depreciation, damage or use. No part of the rent hereunder shall be applied against Lessee’s obligation under this Section.  (b) Lessee hereby appoints Lessor as Lessee’s true and lawful agent and  attorney in fact to: make and file proofs of loss; exercise options under  insurance policies; settle and compromise amounts due in respect of losses; receive payment for any and all losses under insurance policies; endorse (in Lessee’s name) any and all checks, drafts and other instruments for the payment of money issued or received from insurance companies; and to execute any and all documents required by any insurance company in connection with a claim under any policy insuring the Equipment. Lessor shall not, however, be under any obligation to exercise the powers granted in this Section and Lessee shall do all such acts and execute all such documents as Lessor may request in connection with any loss of or damage to the Equipment.

Section 14 - Abatement of Rent. Neither total nor partial loss of possession of any or all of the Equipment shall abate any rent due hereunder.

Section 15 - License Fees and Laws. Lessee shall comply with all license fees and local, state and federal laws and regulations relating to the use and operation of the Equipment. Lessee shall pay all costs and expenses for the use or operation of the Equipment and shall pay all assessments, taxes and/or public charges levied upon the Equipment while in the possession of Lessee or by reason of this Lease. Lessee shall pay any and all charges for work or inspections required by any labor organization.

Section 16 - Return of Equipment. At the expiration or other termination of this Lease, Lessee shall ship the Equipment to Lessor at a location to be designated by Lessor. Upon its return, the Equipment shall be in good repair and operating condition, clean and refueled with reasonable wear and tear only excepted. Lessor may repair any Equipment returned in other than good repair and operating condition and Lessee shall promptly pay all cost of such repair.

Section 17 - Title to Equipment.  Lessor shall retain title to all Equipment and all replacements thereof or parts installed therein. All Equipment shall remain personal property and shall not become part of any real estate by being placed therein or by being annexed thereto. Before the Equipment is annexed to or placed upon any property so that it may  become subject to the lien of a real estate mortgage or of a landlord, or of a claim in the real estate, Lessee shall furnish to Lessor: (i) a landlord’s waiver or release of all rights which any potential real estate claimant may assert the Equipment; and (ii) any instrument required by the Lessor which subordinates the rights of any claimant to this Lease and any mortgage or security interest placed on the Equipment by Lessor.

Section 18 - Indemnification.  Lessee shall assume all risk and liability arising from Lessee’s possession, use and operation of the Equipment from the moment of delivery to Lessee to the moment of return to Lessor and Lessee shall indemnify and hold harmless Lessor against any and all claims, actions, suits or proceedings, whether in tort, on the contract or in equity, and all costs, expenses, damages and liabilities, including attorney’s fees,  arising out of, connected with or resulting from the Equipment, its use or this Lease, including, without limitation, the design, manufacture, delivery, possession, use, operation, testing, control or return of the Equipment, including actions on account of alleged negligence or other fault of Lessor. The indemnities and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of this Lease. Lessee is an independent contractor and nothing contained in the Lease shall authorize Lessee or any other person to operate any item of Equipment or take such other action so as to incur or impose any liability or obligation for or on behalf of Lessor.

Section 19 - Force Majeure.  Lessor shall not be liable for failure to fulfill its obligation under this Lease, because of forces beyond Lessor’s control, including, without limitation, labor disputes, shortages of labor or materials, delays in transportation or manufacture of the Equipment, accidents, government regulations, government interference or control, or acts of God. This Section shall apply regardless of any knowledge that Lessor may have of Lessess’s circumstances, need for the Equipment or reliance upon Lessor’s obligations.

Section 20 - Events of Default.  Any one of the following shall constitute an Event of Default hereunder: (a) failure to pay any rent due hereunder within ten (10) days of the date it is due; (b) failure to pay any liability or perform any obligation, covenant for agreement of Lessee to Lessor and the continuance of such failure for ten (10) days or more; (c) the termination of existence or insolvency of Lessee; (d) assignment by the Lessee for the benefit of creditor or issuance of a Writ of Attachment or execution on any of the Equipment which is not released or satisfied within ten (10) days; (e) the institution of a bankruptcy, reorganization, liquidation or receivership proceeding by or against the Lessee, which proceeding is not terminated within ten (10) days; (f) loss, theft, unrepaired substantial damage, destruction or the attempted sale or encumbrance by Lessee of any of the Equipment.

Section 21 - Remedies of Lessor. Upon the occurrence of any Event of Default and at any time thereafter, Lessor may exercise one or more of the following remedies, as Lessor in sole discrection may determine appropriate: (a) impose a finance charge of 1.5% per month, or the maximum allowed by law (whichever is less); (b) declare all unpaid rent under this Lease for the entire Rental Period to be immediately due and payable; (c) terminate this Lease as to any or all of the Equipment; (d) take possession of the Equipment, wherever found, and enter on to any premises of Lessee or other premises and remove the Equipment, without any liability for suit, action or other proceeding by Lessee; (e) cause Lessee, at its expense, to promptly return  the Equipment to Lessor; (f) use, hold, sell, lease or otherwise dispose of the Equipment or any item thereof without affecting the obligations of Lessee under this Lease; (g) sell or lease the Equipment or any part thereof, at public auction or by private sale or lease  at such time or times and upon such terms as Lessor may determine, free and clear of any rights of Lessee and if notice thereof is required by law, any notice to Lessee is in writing of any such sale or lease by Lessor not less than ten (10) days prior to the date thereof shall constitute reasonable notice of such public auction or private sale; (h) proceed by appropriate action either at law or in equity to enforce performance by Lessee of the applicable covenants of this Lease or to recover damages for the breach thereof; (i) exercise any and all rights accruing to Lessor under any applicable law; and Lessee’s purchase option (if any) shall automatically and irrevocably terminate.  Upon an Event of Default, Lessee covenants and agrees to pay to Lessor or its assignee, all costs and expenses of Lessor or its assignee in repossessing, removing, storing, repairing and selling the Equipment, including reasonable attorneys’ fees, all of which shall be in addition to any other amounts due hereunder.  Lessee hereby authorizes the Prothonotary or any attorney of any court of record, whenever any of the events of default defined in this Lease shall have occurred, to appear for and confess judgement as often as he deems necessary against Lessee in any action to recover or repossess the equipment, and/or for all sums payable by Lessee hereunder with thirty three and one third percent (33 1/3%) added as collection fee, but in no event less than $5,000.00, or such lesser amount as may be required by law. If a copy of this lease, verified by affidavit of Lessor or by someone acting in Lessor’s behalf, shall have been filed in any such action, it shall not be necessary to file the original as warrant of Attorney. Lessee waives the right of inquisition on any real estate may be sold on a writ of execution or other appropriate proceedings. Lessee also waives any exemption law now in force or hereinafter enacted, waives all stays of execution, any and all errors, and specifically covenants and agrees that it shall not appeal, move to open or strike any judgment so obtained.  In addition to the foregoing, in the event Lessor refers Lessee’s account for collection or otherwise undertakes to enforce its rights under this Lease or collect the account, Lessee agrees to pay all attorneys’ fees, court costs and/or other expenses incurred in connection herewith.

Section 22 - Remedies Cumulative. Any specific right or remedy set forth in this Lease, legal, equitable or otherwise, shall not be exclusive but shall be cumulative upon all other rights and remedies set forth herein or allowed or allowable under this Lease or by law.

Section 23  - Right to Transfer.   (a) Lessee shall not bail, sublease, hypothecate, transfer or dispose of any interest in the Equipment or impair Lessor’s title to the Equipment. Lessee shall not assign this Lease. This Lease, any rights under this Lease or in the Equipment shall not inure to the benefit of any trustee in bankruptcy, receiver, creditor, or/other successor of Lessee or of Lessee’s property by operation of law or otherwise.   (b) Lessor may, at its option transfer or assign all or any part of its rights in any or all of this Lease, the Equipment or the rental payment under the Lease, Lessee waives notice of each such transfer and agrees to be bound to the transferee as if such transferee were the Lessor hereunder Lessee’s obligations to each transferee shall not be limited by breach or liability of Lessor to Lessee. Any rights of Lessee created hereunder are subject to and subordinate to any lien given or assignment made by Lessor to secure the purchase price of the Equipment. Any such assignment by Lessor shall be subject to Lessee’s right to possess and use the Equipment so long as Lessee is not in default under this Lease and any such assignment shall not release Lessor from its obligations hereunder.

Section 24 - Effect of Waiver.  Lessor may, in its sole discretion, on any occasion, waive any provision of this Lease or forgive any breach by Lessee. Any such waiver or forgiveness must be in writing signed by Lessor. Any such waiver or forgiveness shall not preclude Lessor from declining to waive any provision or forgive any breach on any other occasion.

Section 25 - Binding Effect. This Lease and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective successors, executives, administrators, heirs, personal representative and Lessor’s assigns. 

Section 26 - Governing Law.  This Lease shall be deemed accepted and performed in Montgomery County, Pennsylvania.  As such this Lease shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to principles or conflicts of law.  Any suit or action filed to enforce or contest any provisions of this Lease, or the obligations imposed, concerning any disputes, controversies, or claims arising out of this Lease shall be brought and prosecuted in a court of competent jurisdiction sitting in the Commonwealth of Pennsylvania, County of Montgomery, as selected by Leasor.  Leasee irrevocably submits to the jurisdiction of this court for these purposes; provided, however, that Leasor may elect to have any matter determined by arbitration in Montgomery County, Pennsylvania under the rules of and before the American Arbitration Association in accordance with the Commercial Arbitration Rules.  Any award by the arbitrator(s) is final.  Leasor reserves the right to bring suit in any court elsewhere of competent jurisdiction and is not required to submit to arbitration.  Each party hereby agrees to and does hereby waive any right to assert or move for transfer of venue to any court outside of the Commonwealth of Pennsylvania, based upon the doctrine of forum noncoveniens or otherwise.  Each party further acknowledges and agrees that this Lease, inclusive of this paragraph, has been negotiated at arms length, with the assistance of counsel and the legal effect fully explained and with knowing and voluntary agreement.

Lessee agrees to accept proper service of process by mail at its address set forth in Section 1.

Section 27 - Entire Agreement. This Lease contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, warranties, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This lease supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this lease.

Section 28 - Notice. All notices or communications required or permitted to be given hereunder shall be deemed given if in writing, and personally delivered, or deposited in the United States Mail, Certified Mail, Return Receipt Request, in a sealed envelope with postage prepaid, addressed to the other party at the address first given above or some other address as any party may direct by notice given as herein provided.

Section 29 - Amendment. No term or provision of this Lease may be modified or amended except by means of a written instrument executed by the parties hereto.

Section 30 - Headings. Section headings in this Lease are included for the convenience of reference only and shall not constitute part of this Lease for any other purpose.

Section 31 - Counterparts. This Lease may be executed in two (2) or more counterparts, each of which need not be executed by each of the parties and each such counterpart shall be deemed an original but all such counterparts together shall constitute one and the same instrument.

Section 32 - Construction. In construing this Lease; the singular shall be deemed to include the plural; the plural the singular, each gender shall include all genders; and all references to any of the parties hereto shall include their respective successors, administrators, heirs, personal representatives and Lessor’s assigns.

Section 33 - Severability. If any provision, clause, or part of this Lease, or the application thereof under certain circumstances is held invalid, the remainder of this Lease, the application of such provision, clause or part under other circumstances, shall not be affected thereby.

Section 34 - Plates, Etc. Lessee shall not remove or conceal Lessor’s plates or other markings of ownership.

Section 35 - Performance by Lessor. If Lessee fails to perform any obligation under this Lease, Lessor may immediately, or at any time after Lessee’s failure, perform such obligations for Lessee’s account without waiving Lessee’s failure as a default, and all sums paid or expenses or liabilities incurred by Lessor in connection therewith, including interest thereon at the rate set forth in Section 21 hereof, shall be payable by Lessee on demand as additional rent. 

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