This Master Equipment Rental Contract (“Contract”) made by and between Atlas-SSI, Inc. (“Atlas-SSI”) and _____ (“Customer”) (“Customer”) contains, along with any addendums and exhibits hereto and the Rental Terms and Conditions found at www.atlas-ssi.com all incorporated by reference, the terms and conditions governing the rental of all equipment from Atlas-SSI by Customer (“Equipment”). Such Equipment may include, but not be limited to, Buckets and Grapples and other material handling equipment.
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EQUIPMENT:
Equipment: Atlas-SSI hereby rents to Customer, and Customer rents from Atlas-SSI, the Equipment detailed on each addendum to this Contract (“Addendum”). The applicable Addendum will contain the specifics for each piece of Equipment rented, including description and serial number, rental amount, rental term, and replacement value. The term of rental shall begin on the date the Equipment is placed into transit to Customer and will continue for the number of months indicated on the addendum (“Rental Term”). The Rental Term shall automatically renew for a month-to-month term upon expiration of original Rental Term, until Customer gives Atlas-SSI at least thirty (30) calendar days prior written notice of its intention not to renew. After such notification, the Rental Term shall continue until the Equipment is effectively returned to Atlas-SSI. Customer shall give Atlas-SSI not less than 48 hours prior written notice before returning any piece of Equipment, and such notice must specify the Equipment to be returned and correlating contract or Addendum number. Atlas-SSI will issue Customer a return authorization during that 48- hour period, and Customer may not return Equipment to Atlas-SSI until a minimum of 48 hours from the time of such notice to Atlas-SSI and receipt of return authorization.
Equipment shall be effectively returned to Atlas-SSI when it is received by Atlas-SSI, and Atlas-SSI has determined, in its sole discretion, that the Equipment is in the same condition as at the beginning of the Rental Term, normal wear and tear excepted, and is in a certified clean condition. If such Equipment is judged to need repair, such Equipment shall be not be effectively returned, and shall remain on rent, until Customer has issued and paid a P.O. number against any repair estimate issued by Atlas- SSI and/or its third-party depot (after receipt, cleaning and inspection of such Equipment). If Customer issues an approval and P.O. number against a repair estimate within fifteen (15) days of issue of such repair estimate, Atlas-SSI shall backdate rental credit to the repair estimate date. If Customer disputes a repair estimate or invoice, Customer shall continue to pay rent on such Equipment subject to the repair dispute until the dispute is resolved and closed out to Atlas-SSI’s sole satisfaction. Notwithstanding any of the foregoing definitions of effective return, should later inspection reveal, in Atlas-SSI’s sole discretion, the need for further repair or cleaning, Customer shall be charged rent until re-cleaning is completed, or the Customer has issued a P.O. number against a repair estimate for such Equipment. For extensive repairs requiring insurance company approval or if the Equipment has been deemed a total loss, Customer shall pay rent until repairs are completed or a P.O. number has been applied to the total loss Replacement Value. Further, the termination of a Rental Term or Addendum does not act as a termination of this Contract and does not excuse or waive Customer’s performance hereunder.
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RENTAL TERMS:
Atlas-SSI will bill Customer monthly for rent and other charges. As rent, Customer agrees to pay a Daily Rental Amount (as indicated on the Addendum) for each day of the Rental Term, plus any other charges, without setoff or deduction, within thirty (30) calendar days of the date of the invoice. Each invoice will reflect the number of pieces of Equipment rented by Customer. If Customer believes such count to be inaccurate, Customer must notify Atlas-SSI, in writing, within fifteen (15) days, or Customer will be deemed to have accepted Atlas-SSI’s count as accurate. Customer will also pay or reimburse Atlas-SSI for any and all sales and use taxes, value added taxes, personal property taxes, or other direct taxes levied against or based upon the amount of rentals paid or to be paid hereunder, or any license fees or assessments based upon the leasing, use or operation of the Equipment. Further, Customer shall pay directly or reimburse Atlas-SSI for all freight and/or delivery charges, and any in and out handling, loading, customs duties and other charges associated with delivery, transportation, return, inspection, testing, cleaning, or certification of Equipment during the Rental Term. Such amounts shall be due regardless of whether or not Customer has returned the Equipment, as Customer does not have the ability to terminate a Rental Term prior to its expiration.
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EQUIPMENT USE:
- Equipment will be delivered F.O.B. (Mississippi law or FCA Incoterms, as applicable), Customer shall inspect such Equipment upon receipt in accordance with the Lease Commencement Inspection Checklist, attached hereto as Exhibit A (as found on https://atlas-ssi.com/terms-conditions/rental-contract-agreement#rental-exhibit-a). Risk of loss shall pass to Customer when Equipment is loaded for transport.
- Customer shall use the Equipment with reasonable care and, at Customer’s expense, maintain the Equipment and all parts in good repair and operating condition and in a safe condition
- Customer shall not deposit any product into the equipment that is not chemically compatible with the equipment’s material of construction. Should the contents of the equipment, or the environment to which it is exposed, affect, attack, alter or damage the integrity or quality of the equipment or cause pits or stress fractures, then customer agrees to pay to atlas-ssi the replacement value of the equipment.
- Customer will not exceed the loading capacity of the Equipment and will prevent excessive impact and concentrated loads.
- Equipment may not be used for the transportation of hazardous wastes and nuclear substances.
- Customer shall not destroy or alter any Atlas-SSI serial numbers, any markings regarding the carriage of hazardous materials, or other identifying marks affixed to the Equipment.
- Customer will not, without Atlas-SSI’s prior written consent, make or permit any changes, alterations, or improvements in or to the Equipment or remove therefrom any parts, accessories, attachments, or other equipment.
- Customer shall maintain, use, store and operate the Equipment in compliance with all applicable laws, regulations and administrative orders, import and export regulations, the Federal Corrupt Practices Act, environmental regulations governing the contents of the Equipment, and Coast Guard testing and re-certification requirements. Customer shall maintain all necessary and appropriate compliance certifications and approvals for the Equipment during the term of rental and comply with all periodic testing requirements. Atlas-SSI will deliver the Equipment with all required certifications, approvals, and testing. Customer shall regularly maintain Equipment following all Atlas-SSI prescribed maintenance. Customer shall pay for the transport of the Equipment to and from the Mississippi facility, and shall pay the cost of cleaning and any necessary repairs. The cost of such periodic testing, inspection, and/or classification, and the applicable fees, shall be for Atlas-SSI’s account. The Equipment shall remain on lease, and Atlas-SSI shall not be responsible for providing replacement Equipment, during transport and testing.
- In the event that Customer places the Equipment in a location outside of the United States, Customer shall so inform Atlas-SSI, and shall provide assurances to Atlas-SSI that the location is not in violation of any executive order of the United States regarding financial sanctions. (See www.treasury.gov/resource-center/sanctions).
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LOSS, DAMAGE, OR DESTRUCTION OF EQUIPMENT:
If any Equipment is damaged during the term of the Contract, Customer shall promptly notify
Atlas-SSI of same and, after receiving consent from Atlas-SSI, shall repair the Equipment to Atlas-SSI’s satisfaction at Customer’s expense. Should Equipment become lost, damaged beyond repair (total loss), stolen, or destroyed or if Customer should be unable to return Equipment to Atlas-SSI, Customer shall, within ten (10) business days following earlier of such loss or damage or the expiration of the Rental Term (as set forth in the Addendum hereto), pay to Atlas-SSI the replacement value of the Equipment (“Replacement Value”) as listed on the Addendum. Such lost, stolen, destroyed or totally damaged Equipment shall remain on rent until Customer has issued a P.O. number against the Replacement Value of such Equipment. -
EQUIPMENT RETURN:
In accordance with Equipment Return Procedures, on Exhibit B (as found on https://atlas-ssi.com/terms-conditions/rental-contract-agreement#rental-exhibit-b) attached hereto, upon the expiration of the Rental Term, Customer shall return Equipment in the same condition as when received, wear and tear excepted to Atlas-SSI in a certified clean condition. Customer’s obligation to pay rent for the Equipment shall continue until Atlas-SSI or an Approved Cleaner inspects and indicates, in writing, acceptance of the Equipment. Should such inspection reveal the need for repair, re-clean, or re-certification, Customer must pay the costs associated therewith as additional rent. The Rental Term will continue until such payment is received.
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WARRANTY:
Customer represents and warrants that it has made such investigations as it deems necessary to satisfy it that the Equipment leased hereunder is adequate and sufficient for Customer’s intended use, that it has not relied upon any statements of Atlas-SSI, express or implied, in selecting the Equipment leased hereunder. Atlas-SSI warrants that all Equipment will be delivered in good condition and warranted for defects in material or workmanship for the body but not for parts or additions thereto for the rental period. Atlas-ssi makes no other warranties, express or implied, as to the equipment and expressly disclaims, without limiting the foregoing, any implied warranties of merchantability or fitness for a particular purpose or that the equipment meets any governmental requirements, and customer waives the same. Atlas-ssi provides the equipment “as is.”
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WAIVER OF CONSEQUENTIAL DAMAGES:
Neither party shall be liable to the other for any indirect, special, incidental or consequential loss or damages, including without limitation any loss of reputation, loss of goodwill, increase in operating costs, financial or economic loss, or any other incidental damage.
Dated this the _________ day of _______, 20_____ (the “Effective Date”)
Atlas-SSI-SSI, Inc.
By: ______________________________
Name (please print) ______________
Title: _____________________________
Address:215 Hwy 19, Slaughter, LA 70777
Customer:_____________________
By: ______________________________
Name (please print) ______________
Title: _____________________________
Address:__________________________
