Equipment Lease Terms
<br />The Equipment Lease Terms stated here and below (the “Terms”), together with the Order Form, made by and between Northwest Cascade Inc., dba Honey Bucket, (“Lessor”) and
<br />the Customer described on such Order Form (“Lessee”) states the agreement of the parties as to the lease of the equipment described herein:
<br />1. RENTAL EQUIPMENT SUBJECT TO THESE TERMS. Lessor shall Lease to the Lessee equipment described on the Order Form (the “Equipment”).
<br />2. TERM. The term of this Lease shall commence upon the signing of the Order Form by Lessee and shall continue in full force and effect until t he equipment is returned in
<br />accordance with these Terms and all of Lessee’s obligations under these Terms have been fulfilled unles s terminated in accordance with these Terms. If Lessee fails to pay any
<br />amounts as required under these Terms when due, Lessee shall pay Lessor, in addition to such amounts, interest at the lesser of an annual rate of 12% or the highest rate allowed
<br />by governing law.
<br />3. RENTAL TAXES AND FEES. Lessee agrees to pay to Lessor the Monthly Rental, delivery fee, pick up fee, and deposit, which are payable to Lessor prio r to delivery of the
<br />Equipment. Lessee shall pay all license fees and taxes hereafter imposed, and relating to Lessee’s use or possession of the Equipment.
<br />5. ACCEPTANCE. Unless Lessee gives notice to Lessor within three (3) business days after receipt thereof, specifying any defect in or other proper objec ion to the Equipment,
<br />Lessee agrees that it shall be conclusively presumed that Lessee has fully inspected and acknowledged that the equipment is in full compliance with these Terms, in good condition
<br />and repair, and that Lessee is sa isfied with and has accepted the Equipment in such good condition and repair.
<br />6. SET UP, POSSESSION, USE, AND MAINTENANCE OF THE EQUIPMENT. Lessee represents and warrants that it, at its own cost and expense, shall: (a) install and maintain
<br />the Equipment on suitable terrain; (b) ensure that he Equipment is installed and maintained in accordance wi h all applicable regulations and manufacturer recommendations; (c)
<br />only install and maintain the Equipment in safe condi ions and take immediate corrective if its con inued use becomes unsafe; (d) maintain the Equipment in good condition and
<br />repair (ordinary wear and tear excepted); (e) keep the Equipment at the Delivery Location noted on the Order Form; (f) keep t he Equipment free of all security interest and other
<br />claims; (g) keep the Equipment conspicuously labeled to disclose Lessor’s ownership, which Lessee shall also maintain and shall not remove or deface; and (h) regularly inspect
<br />the Equipment to ensure conformity with these Terms. Lessor does not provide technical or engineering recommendations and makes no representations or warranties as to the
<br />Equipment’s capacity, structural integrity, workmanship, safety, design, compliance with regulations or building codes. No al terations shall be made to the Equipment.
<br />7. OWNERSHIP. Lessor shall at all imes retain ownership and title of the Equipment. Lessee shall indemnify Lessor against all loss and dam ages if Equipment is levied upon or is
<br />liable or is threatened with seizure.
<br />8. INSURANCE. At Lessee’s cost, Lessee shall keep the Equipment insured against all risks of loss or damage for not less than the full replacement valu e therefor, and shall carry
<br />public liability and property damage insurance covering the Equipment and its operation and handling for the amount of at least Five Hundred Thousand Dollars (US $500,000).
<br />Lessee shall deliver said policies, or duplicates thereof, to Lessor upon request.
<br />10. ENTRY. Lessee grants Lessor, and any of its agents or assignees, the right and privilege to enter on the real property where the Equipment is located as well as entry into the
<br />Equipment.
<br />11.DEFAULT. If Lessee is in default in the performance of any of the terms, covenants, or conditions of this agreement, including but n ot limited to, the covenant for the payment of
<br />rent, then at the sole op ion of Lessor, Lessor may (a) terminate the lease; (b) take possession of said Equipment with or without process of law, and for the purpose may enter upon
<br />any premises where the Equipment is located; (c); put a lien on the property of Lessee in the Equipment and (d) pursue any other remedy at law or in equity, which Lessor may at its
<br />sole option exercise or alternatively waive. By execution of this Lease, Lessee releases Lessor and agrees to hold Lessor harmless from any and all claims for liability or damage
<br />arising or claimed to arise as a result of the options granted to Lessor under the terms of this paragraph. Upon default, Les sor shall retain all rents, rentals, and other sums paid by
<br />the Lessee hereunder with respect to such Equipment. Notwithstanding any said repossession, or any other action which Lessor may take, Lessee shall be and remain liable for the
<br />full performance of all obligations on the part of Lessee to be performed under these Terms. All such remedies are cumulative, and may be exercised concurrently or separately.
<br />12. TERMINATION. This lease may be terminated by Lessor, by ten (10) days of prior written notice of inten ion to terminate. Upon the terminat ion of he lease, Lessee shall
<br />surrender the Equipment and all keys thereto, and shall remove all Lessee’s property from the Equipment to Lessor for pick up by Lessor in the same condition and state of repair as
<br />at the inception of this Lease, reasonable wear and tear alone excepted. Termination will not affect those terms that by their nature survive or may require performance after
<br />termination (e.g. indemnity).
<br />13.RISK OF LOSS. Lessee shall bear the entire risk of all loss, theft, damage, destruction, or other interruption or termina ion o f use of the Equipment and he personal property
<br />stored therein from any cause whatsoever, during the term hereof and until the return of the Equipment to Lessor. No such loss, theft, damage, destruction, or other interruption or
<br />termination of use of the Equipment or personal property stored therein shall relieve Lessee of the obligations hereunder. In the event of damage of an y kind whatsoever to the
<br />Equipment, Lessee, at the option of Lessor, shall, at Lessee’s expense, (a) place the Equipment in good repair, condition, and working order, or (b) replace the same with like
<br />Equipment of the same make and of the same or a later model, and in good repair, condition, and working order. If, at the sol e discretion of Lessor, the Equipment is determined to
<br />be lost, stolen, destroyed, or damaged beyond repair, Lessee shall immediately pay Lessor, in cash, the remaining rental balance and an amount equal to the present value of the
<br />Equipment, as reasonably determined by Lessor.
<br />14. WAIVER. No failure by Lessor to take any action or assert any right hereunder shall be deemed to be a waiver of such right in the event of the continuation or repetition of the
<br />circumstances giving rise to such right.
<br />15. ASSIGNMENT. Lessee shall not assign or otherwise transfer its rights, obligations, and/or duties under this Agreement.
<br />16. WARRANTY.. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT THE
<br />USE OF THE EQUIPMENT OR OF ANY DEFECTS, LATENT OR OTHERWISE IN T HE EQUIPMENT. LESSOR SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY
<br />LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECT IN, OR INEFFICEINCE OF, EQUIPMENT HEREBY LEASED OR ACCI DENTAL
<br />BREAKAGE THEREOF. LESSOR REPRESENTS AND WARRANTS THAT THE EQUIPMENT IS IN GOOD CONDITON AND FIT FOR THE LESSEE’S INTENDED PURPOSE .
<br />17. INDEMNIFICATION. TO THE : LESSEE MUST REIMBURSE, INDEMNIFY, DEFEND, AND HOLD HARMLESS LESSOR, ITS
<br />SUBSIDIARIES, SUBCONTRACTORS, ASSIGNEES, AND AFFILIATES AND EACH OF ITS SUBSIDIARIES’ SUBCONTRACTORS’, ASSIGNEES’ AND AFFILIATES’ PRESENT,
<br />FORMER, AND FUTURE SHAREHOLDERS, EMPLOYEES, OFFICERS, AND DIRECTORS FROM AND AGAINST ALL LOSS, DAMAGE, EXPENSE (INCLUDING ATT ORNEYS’
<br />FEES AND EXPENSES), AND PENALTY, AND ANY CLAIM OR ACTION THEREFORE BY OR ON BEHALF OF ANY PERSON (COLLECTIVELY, “LOSS”) ARISING OUT OF OR
<br />IN CONNECTION WITH THE PERFORMANCE OR FAILURE OF PERFORMANCE OF THIS AGREEMENT AND THESE TERMS, OR OUT OF OR INCIDENT TO THE
<br />OWNERSHIP, SELECTION, POSSESSION, OPERATION, CONTROL, USE, STORAGE, LOADING, AND UNLOADING, MAINTENANCE, DELIVERY, OR RETURN OF THE
<br />EQUIPMENT, INCLUDING, WITHOUT LIMITATION, LOSS ARISING OUT OF OR OCCURRING IN CONNECTION WITH ALL THIRD-PARTY CLAIMS FOR PERSONAL INJURY
<br />OR DEATH, AND/OR FOR LOSS OF OR DAMAGE TO PERSON OR PROPERTY.
<br /> LESSEE SHALL NOT ENTER INTO ANY SETTLEMENT AGREEMENT OR OT HERWISE
<br />AGREE TO THE ENTRY OF ANY ORDER OR JUDGMENT THAT REQUIRES LESSOR TO TAKE ANY SPECIFIC ACTION, ADMIT LIABILITY OR PAY ANY SUM OF MONEY
<br />OUT OF ITS OWN RESOURCES WITHOUT LESSOR’S PRIOR WRITTEN APPROVAL, AND PROVIDED FURTHER, THAT LESSOR HAS THE RIGHT, BUT NOT THE
<br />OBLIGATION, AT ITS EXPENSE, TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM THROUGH COUNSEL OF ITS OWN CHOOSING. IF THIS IND EMNIFICATION
<br />PROVISION IS CONSTRUED BY A COURT OF COMPETENT JURISDICTION TO REQUIRE INDEMNIFICATION OVER AND ABOVE THAT PERMIT TED BY APPLICABLE LAW
<br />OR PUBLIC POLICY, THE PARTIES INTEND THAT THESE TERMS BE JUDICIALLY MODIFIED TO AFFORD LESSOR THE MAXIMUM INDEMNIFICATION ALL OWED.
<br />18.EXPENSES. Lessee shall pay Lessor all costs and expenses, including reasonable attorneys’ fees and costs, incurred by Lessor in exercising any of its rights hereunder or
<br />enforcing any of the Terms.
<br />19. ENTIRE AGREEMENT. These Terms and the Order Form represent the entire agreement between the parties on the subject matter hereof and supersedes all prior discussions,
<br />agreements, and understandings of every kind and nature between them. There are no conditions to these Terms not expressed herein. No modification of these Terms will be
<br />effective unless it is (i) in writing; (ii) specifically refers to these Terms; and (iii) is signed by both parties.
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<br />Signature Date
<br />EXTENT OF LESSEE'S NEGLIGENCE OR WILFULL MISCONDUCT
<br />Cassie Franklin 05/14/2023
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