Rental Contract

1. DEFINITIONS. As used herein, Big O's Equipment Rental and Sales, LLC referring to "Company", "Us" and "We", are the entity selling or renting the Equipment. "Customer", "You", "Your", shall mean the person purchasing or renting the Equipment. "Equipment" shall mean the goods specified below.

2.RENTAL TERM. Company agrees to rent, and customer agrees to hire the equipment, which for purposes of this article of the Terms shall include all attachments, replacements, parts, substitutions, additions, repairs, accessions, and accessories incorporated therein or affixed thereto (whether present upon Delivery or added thereafter by company or, with company's prior written consent, customer). The rental term (the "Term") begins at the earlier of (a) the Rental start date, or (b) the time of delivery, and continues until the equipment is returned to and properly received at company's location, but in no case shall the term be less than the minimum rental period, if applicable.

3.SALES. Any item(s) sold "Sales Items" are provided "AS-IS" and "WITH ALL Faults" and makes no warranties, either express or implied concerning the equipment, including, without limitation, any warranty of fitness for a particular purposes, merchantability, or infringement. Customer expressly disclaims any reliance on other statements made by company or its agents.

4.USE OF EQUIPMENT. Customer agrees to use the Equipment only at the specified location. Equipment is to be safely and securely stored and locked when not in use. You agree to provide all necessary familiarization, training, instruction and warnings to all users of the rented Equipment. Equipment can dangerous and should be operated by a properly qualified, instructed, trained, familiarized and if applicable licensed adult. You are to ensure that the rented Equipment is used safely and ONLY for (a) its intended purpose; (b) within its rated capacity; (c) unless otherwise specifically agreed by the Company on a case-to-case basis at the site. Customer acknowledges that, upon request, the company will offer to the customer a training course in the proper use of the equipment.

5.MAINTENANCE REPAIRS, CONDITIONS UPON RETURN. Customer, at its sole expense, agrees to take reasonable care of the equipment, and perform and provide all labor and materials for normal operation and maintenance as specified in the operation and maintenance manual at the designated periods or when indicated for the Equipment, and rent shall no abate because of the need for such maintenance or materials. This includes full of the appropriate fuel, fluids and lubricants. The machine is to be returned clean in both inside and outside as it was given at time of rental. In the event of an extra dirty equipment return, customer is subject to a $100+ cleaning fee. Customer shall not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon the equipment. Any repairs or replacements made by the customer to the Equipment (or portion thereof) must be approved by the Company in advance, and in all cases the customer must use new parts and accessories of the same or greater quality than those original to the Equipment. Customer agrees to return all equipment to the Company's location during regular business hours, in the same good condition and repair as when delivered, subject only to reasonable wear and tear, and in accordance with the Company's reasonable check-in procedures. An additional charge to return the Equipment to its original condition may be addressed (e.g., cleaning, charges to bring the fuel tank to full, etc.). Failure to return equipment as specified will result in additional rental charges and/or liability for damages to or loss of the Equipment.

6.EQUIPMENT FAILURE. In the event any of the Equipment fails to start, breaks, becomes unsafe or is in the need of repair, you agree to immediately discontinue use, notify Us, and if directed to do so, return the Equipment to Us. You further agree not to repair or have anyone repair the Equipment without consent from the Company. Failure to timely notify Us will result in You being charged for all the rental time out.

7.BIG O's EQUIPMENT RENTAL AND SALES, LLC is not the manufacturer or designer of any rented item(s), all of which are provided "As-Is". We do not make any warranty, express or imply (including any warranty of merchantability, suitability, fitness for a particular purpose, function, design, quality, capacity, freedom from defects and/or good and workmanlike performance, as well as any warranty(ies) arising from course of dealing, course of performance and/or usage of trade) regarding any item(s) or service(s) referenced in this contract, nor does the Company make any warranty against interference or infringement, all of which you hereby waive. No descriptions, specifications, models, depictions, or advertisements provided, approved, accepted or used by the Company constitutes representations or warranties by the Company.

8.INDEMNITY/HOLD HARMLESS. To the maximum extent permitted under applicable law, you hereby: (a) ASSUME ALL RISK of personal injury, loss, property damage, destruction and contamination of, and/or arising in connection with the items and services referenced in this contract, including without limitation, any and all liabilities, claims and damages arising in connection with the selection, provision, inspection, design, manufacture, use, loading, unloading, transportation, demonstration, storage, servicing, maintenance, repair and/or retrieval of any such items and/or services, however arising (Collectively, "risks"); (b) Release and discharge Big O's Equipment Rental and Sales, LLC, and except only to the extent prohibited by applicable law (e.g., any sovereign or governmental immunity act or statute), Agree to Indemnify, defend and hold harmless Big O's Equipment Rental and Sales, LLC, and its respective owners, officers, directors, agents, employees, insurers, subrogees, representatives, successors and assigns for, from and against any and all liabilities, claims, damages, losses, costs and expenses (including without limitation, attorneys fees) arising from or in connection with such risks and/or any breach by you, your agents, employees and/or contractors of this contract; and (c) You, hereby waive all rights and remedies under the uniform commercial code, as well as all incidental, consequential, special, and punitive damages, against Big O's Equipment rental and Sales, LLC.

9.INSURANCE. If any of the Equipment is to be used for a commercial purpose or is otherwise designated as "Customer Insured". Customer agrees to maintain (a) property damage and casualty insurance on an "all risks" basis for the full replacement cost of the Equipment (including without limitation, all risks of loss or damage covered by the standard extended coverage endorsement) with such deductibles, if any, as may be acceptable to Us in our sole discretion; and (b) commercial general liability insurance with minimum $1,000,000 per occurrence. Such insurance shall cover all operations and contractual obligations, as well as any and all damage or liability arising in connection with handling, transportation, maintenance, operation, use or possession of the Equipment during the rental term, and shall name Us as an additional insured and loss payee. All such insurance shall be primary, without and self-insured retention, and shall waive subrogation against the Company. You agree to provide the Company copies of the proper endorsements for the above coverages specifying that they will not be canceled during the rental term. Any insurance the Company carries will be deemed to be in excess of the Customers insurance.

10.DEFAULT. Each of the following shall constitute an Event of Default hereunder: (a) Customer fails to make any payment of rent or other amount due to company when due; (b) Customer fails to return the Equipment to Company after termination; (c) Customer fails to perform or observe any other terms, covenants, or conditions of this agreement; (d) Any representation or warranty made by Customer herein or other document provided or executed by Customer shall be false or misleading at any time in any material respect; (e) Customer's default in the performance or obligations under any other agreement now existing or hereafter made with Company; (f) Customer ceases doing business as a going concern, transfers all or substantially all of its assets, becomes or is adjudicated insolvent or bankrupt, makes an assignment for the benefit of creditors, or Customer institutes any bankruptcy, insolvency, reorganization, dissolution, liquidation, or similar proceedings; or (g) Company deems itself insecure. Customer shall promptly notify Company of the occurrence of any Event of Default.

11.OWNERSHIP, ASSIGNMENT & NATURE OF TRANSACTION. Company retains all rights and title to the Equipment. Customer shall not sublease, assign, dispose, or relinquish possession or control of all or any part of this Agreement or the Equipment or any of its rights or obligations without the prior written consent of Company. Company may, without notice to Customer, assign or sell its interests, or obligations with respect thereto, to one or more persons. To the extent permitted by law, Customer shall not assert against any assignee any claim, defense, counterclaim, or set-off that customer may at any time have against Company. Customer agrees to defend Company's title and keep the Equipment free of all liens, claims, and encumbrances. It is the intent of Customer and Company that this agreement is a true lease and not a sale or secured loan.

12.FORCE MAJURE. Notwithstanding anything contained herein, Company shall have no obligation or liability and shall not be considered in default hereunder for its failure due to (a) any cause not reasonably within the control of Company, including but not limited to, fire, explosion, riot, acts of war or terror, acts of god, civil disturbances, floods, earthquakes, and casualties similar in nature to the foregoing, strikes, lock-out, and other labor disturbances, or (b) delays caused by shippers, vendors, or suppliers of Company, or destruction or significant damage to the equipment. Should events occur which give rise to Customers' claim that Company is in default hereunder, Customer shall first give Company thirty days written notice of claim during which time Company may cure any claimed default and incur no liability, therefore.

13.TAXES AND FEES. You will also be responsible for paying all taxes, fees, including without limitation, sales and use taxes, transaction payment service fees, applicable to the rental of the Equipment.

A LARGER PRINT VERSION OF THESE TERMS AND CONDITIONS IS AVAILABLE UPON REQUEST.