All units remain the property of Great Plains and under no circumstance shall title pass to the customer.  All rented equipment is subject to sale to other parties at any time.  If the equipment is sold, Great Plains may elect trade of the rental piece with an acceptable equivalent unit at no additional expense to the customer.

Billings:   All rentals are based on the applicable daily, weekly or monthly term.  Periods of use or operation of the equipment are on a basis not to exceed 8 hours per day (1 business day), 40 hours per week (5 business days) or 160 hours per four-week period (20 business days).  A monthly rental is based on a 28-day month (20 business days).  No deductions shall apply if the equipment is used for less than 8 hours per day, 40 hours per week or 160 hours per four-week period.  For any equipment usage in excess of the above amounts, the customer will pay an additional Overtime Charge charge, computed on a pro-rata basis, as follows:

Dividing the agreed upon daily, weekly, or monthly rate by 8, 40 or 160 respectively, and then multiplying this figure by the number of overtime hours determine the Overtime Charge.  Customers who return damaged equipment will continue to be billed at the specified rental rate until the equipment is fully repaired and returned to a rentable condition.  Rental charges are earned in advance and are due regardless of actual equipment use, breakdown, downtime or acts of nature (including without limitation rain, snow, etc.).  Except for cash in advance transactions, all rental invoices are due net 30 days from closing of each rental contract or invoice.  A finance charge equivalent to 1% per month will be imposed on any past due balances.  Payments, when made, shall apply first to accrued late or delinquency charges and the remainder shall apply to the rentals due hereunder.

Transportation Charges:  All transportation and storage expenses in connection with the rental are the customer’s responsibility unless otherwise agreed in writing.  This includes transporting the equipment from Great Plains’ branch to the job site and back to the Great Plains branch where the rental originated.  All rentals are F.O.B. Great Plains’ branch.  The customer shall be responsible for loading and unloading from the transport vehicle, erecting and dismantling the equipment at the job site, and reloading the equipment on the transport vehicle at the job site.  If requested, Great Plains will furnish service technicians on site for technical assistance during the erection or dismantling period.  The customer is responsible for the appropriate service charge for this service.

Who May Operate The Equipment: Only the customer, the customer’s employees, or non-employees approved by the customer in writing may operate the equipment.  All operators must be at least 21 years old and be properly qualified to operate the equipment.  Use of the equipment by a non-authorized operator will be at customer’s sole risk.

Use And Maintenance of Equipment; Inspection; Repairs: The customer will use the equipment in the regular course of its business and only for the purpose intended, within equipment’s rated capacity, in a safe manner, and in accordance with all federal, state, local and foreign laws and regulations.  The customer also agrees to use and maintain the equipment in accordance with the operator’s manual accompanying the equipment (in the event such manual is provided) and any and all instructions communicated by Great Plains Rent-All to the customer.  The customer shall not make any modification, alternation or addition to the equipment without Great Plains’ prior written consent.  The customer will keep the equipment in good operating condition, repair and appearance, and return the equipment to Great Plains in as good a condition as when received.  THE CUSTOMER IS SOLEY RESPONSIBLE FOR ALL REPAIRS AND DAMAGE TO THE EQUIPMENT MADE NECESSARY BY ITS USE OF THE EQUIPMENT, OTHER THAN ORDINARY WEAR AND TEAR.  The customer will furnish all labor, parts, mechanisms and devices required to maintain and repair the equipment, at its sole expense, unless otherwise agreed in writing by the parties.  The customer will purchase all repair parts from Great Plains and such parts will be Original Equipment Manufacturer (“OEM”).  If Great Plains has to replace non-OEM repair parts installed by the customer, all related costs will be at the customer’s sole expense.

Equipment Damage:  The customer shall bear the entire risk of loss, damage, destruction or theft of the equipment from ALL causes whatsoever, including acts of God, whether or not due to the fault of the customer, during the term of the Lease and thereafter until returned to Great Plains.  In the event of loss, damage or destruction of any item of equipment, the customer, at its sole expense, and at Great Plains’ option, shall (a) repair the equipment, returning it to its previous condition, unless damaged beyond repair, (b) pay Great Plains’ cost to repair the equipment (in the case of damage) or (c) pay the current market value of the equipment (in the case of loss or destruction).

Insurance:  The customer will be the absolute insurer of the equipment during the term of the Lease.  The customer agrees during the full term and any renewal of the Lease and while the equipment is in transit to and from Great Plains’ premises to keep the equipment fully insured and to pay all insurance premiums, at its expense.  The customer agrees to obtain and maintain comprehensive general liability coverage with the minimum limits of (a) $1,000,000 per person and $1,000,000 per occurrence for personal injury (including death) and (b) “all risk” physical damage coverage on the equipment for not less than the total replacement value of the equipment as of the commencement date of the lease (unless the customer purchases the Damage Waiver defined below).  Both policies must name Great Plains Equipment Company as an additional insured and shall waive rights of recovery and subrogation against each other.  All policies shall be endorsed specifically to provide that the coverage required under the lease will be primary and that any insurance carried by Great Plains shall be excess and noncontributory.  The customer shall furnish Great Plains with certificates of insurance and shall promptly notify Great Plains of any changes or cancellations of said insurance coverage and immediately obtain substitute comprehensive general liability coverage and “all risk” physical damage coverage per the above requirements.