Rent A Hydraulic Hose Repair Solution

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T: +1 (407) 818-1993


E: info@southernhydraulicsmobile.com

 

W: www.southernhydraulicsmobile.com

No part of this website can be reproduced without the prior written permission of the Southern Hydraulics Mobile Inc.
Copyright © Southern Hydraulics Mobile Inc 2018. All rights reserved. T: +1 (407) 818-1993. E: info@southernhydraulicsmobile.com

STANDARD RENTAL TERMS AND CONDITIONS


The following Standard Terms and Conditions apply to all transactions and dealings with Southern Hydraulics Mobile Inc, including, but not limited to, all rentals of Southern Hydraulics Mobile Inc Rental Equipment, whether pursuant to a Long-term Equipment Rental, Short-term Rental Agreement, Equipment Rental Agreement or any other Agreement.


1. Definition.

a. “Casualty Loss Value” shall be equal to either the fair market value, as determined by Southern Hydraulics Mobile Inc’s book value of the Equipment, whichever is greater, and shall be determined on the first day of the month during which the loss or destruction of such Equipment occurs.

b. “Default” has the meaning as set out in Section 21.

c. "Equipment" means the Southern Hydraulics Mobile Group Inc Equipment.

d. “Equipment Damage Notification” means the document provided to Rentee by Southern Hydraulics Mobile Inc, in electronic or other format, that specifies damages noted whenever Rentee returns the Equipment to Southern Hydraulics Mobile Inc’s location.

e. “Equipment Rental Agreement” means the Agreement between Rentee and Southern Hydraulics Mobile Inc for the renting of an Southern Hydraulics Mobile Inc’s Equipment by the Rentee for a specified Lease Term and at specified Use Charges.

f. “Intellectual Property” has the meaning as set out in Section 23.

g. “Rental” means any and all arrangements or Agreements whereby Rentee rents equipment from Southern Hydraulics Mobile Inc.

h. “Rental Term” means the agreed upon term of the rental contained in an Equipment Rental Agreement.

i. “Rentee” means the individual that enters into an Equipment Rental Agreement with Southern Hydraulics Mobile Inc. Where appropriate the term Rentee shall be deemed to include the term Rentee’s Agent.

j. “Rentee’s Agent” means the driver or other representative who picks-up, inspects, takes possession of, or returns the Equipment on behalf of the Rentee to Southern Hydraulics Mobile Inc’s location.

k. “Return Maintenance and Repair Criteria” means Southern Hydraulics Mobile Inc’s current maintenance and repair standards which list the minimum condition that the Rentee shall maintain the Equipment and the minimum condition that the Equipment must be in when returned by Rentee to Southern Hydraulics Mobile Inc.

l. “Standard Terms and Conditions” means the Southern Hydraulics Mobile Inc’s Standard Terms and Conditions contained in this document and as may be amended by Southern Hydraulics Mobile Inc from time to time.

m. “Use Charges” means the required payments to be made by Rentee to Southern Hydraulics Mobile Inc for every day (including Saturdays, Sundays, and Holidays) the Equipment is on rent to Rentee whether such Equipment is in the use, possession, control or operation of Rentee. Use Charges shall include the rental rate set forth in the Equipment Rental Agreement plus any and all other charges required to be paid by Rentee therein, including, but not limited to cost of maintenance, repairs and insurance.

n. “Written” or “in writing” shall mean in print copy format or in electronic format.

o. “SHM Services Express” means the process whereby Southern Hydraulics Mobile Inc will electronically format and deliver to Rentee, by e-mail or other automated process, Equipment Rental Agreements, Equipment Damage Notifications, invoices and other notices.

p. " Southern Hydraulics Mobile Inc" as used herein shall mean Southern Hydraulics Mobile Inc, a Florida incorporated company, being the entity holding title to the Equipment rented hereunder.

q. “Southern Hydraulics Mobile Inc” has the meaning as set out in Section 24.


2. Equipment Covered, Term and Ownership.

The specific Equipment covered by the Rental, as well as the delivery/pickup date and the termination date of the Rental for such Equipment shall be as set forth in the Equipment Rental Agreement and may be included on Southern Hydraulics Mobile Inc’s invoices, which invoices are incorporated herein by reference. Upon the termination date the Equipment Rental Agreement shall terminate except with respect to provisions contained herein intended to survive the termination date, such as those providing for, without limitation, limitations of liability, indemnity, confidentiality, payment and billing, which shall survive the termination date.  Notwithstanding the termination of the Equipment Rental Agreement, if Rentee maintains possession of the Equipment, Southern Hydraulics Mobile Inc, in its sole discretion, may (a) upon 10 days written notice to the Rentee change the Use Charges as specified in such notice, or (b) demand the Rentee’s immediate return of the Equipment. In the event that Southern Hydraulics Mobile Inc does not elect either (a) or (b) above the Rentee’s responsibilities under the Equipment Rental Agreement, including the payment of Use Charges shall continue until all of the Equipment is returned to Southern Hydraulics Mobile Inc. Notwithstanding any other language contained herein or therein, neither the Equipment Rental Agreement nor any Agreement that results therefrom conveys any ownership rights to the Rentee and all right, title and ownership of the Equipment, including any and all Intellectual Property in connection therewith is and shall remain with Southern Hydraulics Mobile Inc.


3. Authorization to Enter into Lease and Acceptance of Standard Terms & Conditions.

By submitting or completing an Southern Hydraulics Mobile Inc customer application, entering into an Equipment Rental Agreement with Southern Hydraulics Mobile Inc, taking possession of the Equipment from Southern Hydraulics Mobile Inc, executing an Equipment Rental Agreement, completing payment of any invoices to Southern Hydraulics Mobile Inc or completing any other transaction with Southern Hydraulics Mobile Inc, Rentee and Rentee’s Agents represent and warrant that they are authorized to enter such Agreements and transactions with Southern Hydraulics Mobile Inc and expressly acknowledge receipt and on-going acceptance of Southern Hydraulics Mobile Inc’s Standard Terms and Conditions as such Standard Terms and Conditions may be amended from time-to-time and posted on the Southern Hydraulics Mobile Inc’s Web Site.


4. Delivery & Receipt of Southern Hydraulics Mobile Inc Equipment

As a condition precedent to Rentee’s pick-up of Equipment at Southern Hydraulics Mobile Inc’s location, Rentee’s Agent must provide proof of identification to Southern Hydraulics Mobile Inc in the form of a valid driver’s license.  By taking possession of the Equipment, Rentee acknowledges receipt of the Equipment in good repair and working condition.


5. Payment

Use Charges shall commence on the 1st day of the first month following the date the Equipment is available for delivery to, or pickup by the Rentee.  Notwithstanding any other language contained in these Standard Terms and Conditions, Use Charges shall continue to be paid on the 1st day of each month until such Equipment is returned to Southern Hydraulics Mobile Inc at the Southern Hydraulics Mobile Inc’s location set forth in the Equipment Rental Agreement, in the same condition as when received, normal wear excepted, or until payment is made of the Casualty Loss Value as provided herein.  Rentee shall pay all invoices within seven (7) days from date of invoice.  Use Charges are based on a Calendar Month billing period unless otherwise specified.  Unless otherwise stated in the Equipment Rental Agreement, in the event of return of the Equipment to Southern Hydraulics Mobile Inc prior to the expiration of the billing period in effect at the time of return, Use Charges for the final partial billing period shall be adjusted to the appropriate weekly and daily rate, as applicable.  Rentee shall make all payments in U.S. currency to the address provided by Southern Hydraulics Mobile Inc and Rentee shall not deliver payments directly to any other Southern Hydraulics Mobile Inc location. Overdue payments may be assessed interest equal to the lesser of 18% per annum or the maximum rate permitted by law.  If Rentee provides Southern Hydraulics Mobile Inc with a check, or authorizes Southern Hydraulics Mobile Inc to collect payments through a pre-authorized payment, electronic payment, or any other form of payment that is returned due to insufficient funds, or payment is otherwise declined, the Rentee shall be subject to and agrees to pay Southern Hydraulics Mobile Inc an additional processing fee of One Hundred Dollars ($100.00) for each such occurrence.


6. Maintenance and Use of Equipment

a. Rentee shall maintain, at Rentee’s own expense and in accordance with the Return Repair Criteria, the Equipment in good condition, free from known defects and fit for its designated purpose and Rentee shall return the Equipment to Southern Hydraulics Mobile Inc in the same condition as when received, normal wear and tear accepted.  Rentee or Rentee’s Agent is responsible for performing all daily pre-trip inspections and safety inspections required by DOT or any State or Local laws.

b. Rentee shall not use the Equipment for the transportation or storage of unprotected corrosive substances, trash, medical and/or solid waste and/or hazardous materials.  Rentee’s use of the Equipment for such purposes or the violation of any Federal, State or Local laws, rules or regulations regarding the transportation of hazardous materials shall be considered a Default of the Equipment Rental Agreement.  Rentee shall promptly notify Southern Hydraulics Mobile Inc of any such Default.  If Rentee notifies Southern Hydraulics Mobile Inc or Southern Hydraulics Mobile Inc determines that hazardous materials were placed in the Equipment, Southern Hydraulics Mobile Inc may, in its sole discretion, (a) require the Rentee to immediately pay Southern Hydraulics Mobile Inc the Casualty Loss Value of the Equipment; or (b) require Rentee, at Rentee’s sole expense to restore and decontaminate the Equipment and provide proof of such decontamination, including without limitation, methodology and pre and post decontamination sampling results and any other inspection or testing Southern Hydraulics Mobile Inc deems necessary to perform.

c. Rentee shall not remove, obscure, obliterate or otherwise alter any marks of identification on the Equipment, or make any structural alterations to the Equipment.  Prior to Rentee’s return of the Equipment to Southern Hydraulics Mobile Inc, all marks of identification or logos applied to the Equipment by or for Rentee shall be removed and the surface restored at Rentee's expense.

d. If so required by Southern Hydraulics Mobile Inc, the Rentee agrees at the Rentee’s expense to make the Equipment available at reasonable notice at Southern Hydraulics Mobile Inc location at six (6) month intervals.  Upon Rentee making the Equipment available at such locations, unless the terms of the Equipment Rental Agreement state otherwise, Southern Hydraulics Mobile Inc agrees to conduct inspections of the Equipment including any Federal Department of Transportation (“DOT”) inspections and provide, at the Rentee’s expense, replacement, broken and any other parts worn due to normal wear and tear as needed; provided however, Rentee shall be responsible for all expenses relating to replacement, broken and any other parts which are broken, inoperable or worn for reasons other than normal wear and tear, including but not limited to the action or inaction of the Rentee.  Any parts replaced or repairs at locations other than Southern Hydraulics Mobile Inc facilities must be returned or notified to Southern Hydraulics Mobile Inc within thirty (30) days of such replacement and repair.  Upon failure to do so, Southern Hydraulics Mobile Inc will invoice Rentee for the full cost of such replacements and repairs, including all labor costs and any drayage and road service charges, and Rentee shall be responsible therefore.  The Equipment is equipped with quality fittings and items. Rentee shall return the Equipment with the same fittings and items of equal quantity and quality, as determined by Southern Hydraulics Mobile Inc, in its sole discretion.  Upon failure to do so, Southern Hydraulics Mobile Inc will install new quality fittings and items on such Equipment and Rentee shall be responsible for the full cost of such replacement, including all labor costs and road service charges, if any.

e. Rentee is responsible for all damage to the Equipment and must notify Southern Hydraulics Mobile Inc promptly of any potential mechanical failure or problem.

f. Rentee to not purchase those products materials required by the terms of the Rental Agreement to be purchased by the Rentee from Southern Hydraulics Mobile Inc from any person other than Southern Hydraulics Mobile Inc save with Southern Hydraulics Mobile Inc’s prior written approval which Southern Hydraulics Mobile Inc may withhold at its sole discretion.


7. Damage and Repairs to Equipment

a. In the case of total loss of a unit of Equipment beyond economic repair for any reason, including theft, collision, confiscation, fire, destruction, natural disaster or any other total casualty and notwithstanding any amounts which may be paid or disputed by Rentee’s insurance company, Rentee is responsible for and shall promptly pay Southern Hydraulics Mobile Inc the Casualty Loss Value of such unit of Equipment.  Southern Hydraulics Mobile Inc reserves the right to determine whether the Equipment has in fact suffered an event of total loss or damage beyond economic repair.  Rentee’s requests for Casualty Loss Value quotes shall in no way constitute notice to Southern Hydraulics Mobile Inc that Rentee has suffered a total loss of the Equipment.

b. In case of partial loss or damage to any fittings comprising the Equipment, Rentee shall make all necessary repairs and/or replacements at Rentee's expense in accordance with the Return Repair Criteria.  With respect to any part of the Equipment returned to Southern Hydraulics Mobile Inc in a non-functioning or damaged condition or not repaired in compliance with the Return Repair Criteria, Rentee shall be liable to Southern Hydraulics Mobile Inc for the total estimated or actual cost of any such damage, including necessary drayage charges, whether or not the damaged Equipment is actually repaired.

c. Rentee shall maintain and upon written request, provide Southern Hydraulics Mobile Inc with written descriptions of all maintenance work or repairs made to the Equipment.  In accordance with the Return Repair Criteria, Rentee shall use first class materials and parts in the repair and service of the Equipment.  In addition to any other applicable warranty, Rentee agrees that it will, at its own expense, rectify, repair and replace any and all known defects or other conditions to the Equipment not in compliance with the Return Repair Criteria, arising from defective or improper materials or workmanship furnished by it, its subcontractors or its or their employees and agents.


8. Warranties

By taking possession of the Equipment Rentee acknowledges receipt of the Equipment in good and satisfactory condition.  Lessee waives the provisions of any State law limiting or prohibiting a general release.  SOUTHERN HYDRAULICS MOBILE INC IS NOT A SUPPLIER OR MANUFACTURER (AS SUCH TERMS ARE DEFINED OR USED IN THE UNIFORM COMMERCIAL CODE).  NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY SOUTHERN HYDRAULICS MOBILE INC OF THE QUALITY OF DESIGN, MANUFACTURE, OR CONDITION OF THE EQUIPMENT, RENTEE WAIVES ANY AND ALL CLAIMS AGAINST SOUTHERN HYDRAULICS MOBILE INC FOR ANY AND ALL LOSS OR LIABILITY RESULTING FROM ANY DEFECTS OR FAILURES OF DESIGN, MATERIALS OR CONDITION OF THE EQUIPMENT, EITHER LATENT OR PATENT.  SOUTHERN HYDRAULICS MOBILE INC AGREES TO EXTEND TO RENTEE ALL WARRANTIES, IF ANY, OFFERED BY THE MANUFACTURERS OF THE EQUIPMENT AND FITTINGS.


SOUTHERN HYDRAULICS MOBILE INC EXPRESSLY DISCLAIMS, AND RENTEE EXPRESSLY WAIVES, ALL OTHER WARRANTIES WITH RESPECT TO THE EQUIPMENT AND FITTINGS, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE IN THIS SECTION 8, THE EQUIPMENT AND FITTINGS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.


9. Rentee’s Indemnification Obligations

a. RENTEE HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS SOUTHERN HYDRAULICS MOBILE INC, ITS AFFILIATES AND THEIR SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, OBLIGATIONS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) FOR INJURIES OR DAMAGES TO ANY PERSON OR PROPERTY ARISING OUT OF OR INCIDENT TO RENTEE’S PERFORMANCE OR FAILURE TO PERFORM UNDER THE EQUIPMENT RENTAL AGREEMENT OR RENTEE’S USE, POSSESSION, MAINTENANCE OR CONTROL OF THE: (I) EQUIPMENT; OR (II) FITTINGS.  THIS INDEMNIFICATION PROVISION SHALL SURVIVE THE TERMINATION OF THE EQUIPMENT RENTAL AGREEMENT.


10. Limitation of Liability

Under no circumstances will Southern Hydraulics Mobile Inc or its licensors be liable for any lost profits, business failure, loss of use or for any consequential, special, incidental or punitive damages of any kind, whether or not occasioned by the negligence of Southern Hydraulics Mobile Inc or its licensors.  In no event will Southern Hydraulics Mobile Inc’s total liability to Rentee exceed the amount of Use Charges paid by Rentee during the three (3) months preceding the event that gave rise to the claim or action.


11. Insurance

a. Insurance covering the Equipment shall be maintained by Rentee, at Rentee's expense, with a licensed insurance carrier and shall include:

 i. All risk insurance covering physical loss of or damage to the Equipment from any cause whatsoever. Southern Hydraulics Mobile Inc shall be named a loss payee.

 ii. Comprehensive General Liability coverage protecting Southern Hydraulics Mobile Inc from and against all loss and damage it may sustain or suffer because of death of or injury to any person, as a result of the use, possession, maintenance or control of the Equipment by Rentee.  Coverage must include minimum limits of $1 million combined single limit or $1 million bodily injury and $250,000 property damage.  Southern Hydraulics Mobile Inc must be shown as an additional insured.

b. Policies of insurance shall be valid and in force until the Equipment is returned to Southern Hydraulics Mobile Inc.  Rentee shall provide Southern Hydraulics Mobile Inc with certificate(s) of insurance evidencing the required coverage prior to delivery or acceptance of any Equipment.  Such certificates shall contain a requirement that Southern Hydraulics Mobile Inc receive thirty (30) days prior written notice of cancellation or material change.  All policies of insurance must carry deductible limits acceptable to Southern Hydraulics Mobile Inc.   Insolvency or failure by Rentee’s insurance carrier to provide coverage for any and all loss, claim, liability or damage arising out of the shall not relieve Rentee of any of its obligations set forth in the Equipment Rental Agreement.

c. If Rentee fails to maintain liability insurance, or fails to furnish Southern Hydraulics Mobile Inc the required evidence of insurance, Southern Hydraulics Mobile Inc, without prejudice to any other remedy it may have, is authorized, but not obligated, to procure the insurance required by this Section 11 upon reasonable terms and conditions, and Rentee shall pay Southern Hydraulics Mobile Inc, as additional payment, the amount of all premiums paid by Southern Hydraulics Mobile Inc.


12. Security Deposit

As a condition precedent to Southern Hydraulics Mobile Inc entering into the Equipment Rental Agreement and to Southern Hydraulics Mobile Inc making the Equipment available to the Rentee, and as security for the full performance by Rentee of its obligations hereunder, a security deposit in amount determined by Southern Hydraulics Mobile Inc, may be required and, if required, shall be delivered to Southern Hydraulics Mobile Inc by Rentee prior to delivery or acceptance of any Equipment.  Such security deposit may be used to offset any amounts due and owing by Rentee to Southern Hydraulics Mobile Inc pursuant to the Equipment Rental Agreement.  The security deposit, or any balance thereof, if any, will be returned to Rentee after all of the Equipment rented hereunder has been returned to Southern Hydraulics Mobile Inc and after deduction of any amounts due and owing by Rentee to Southern Hydraulics Mobile Inc, including but not limited to, all unpaid Use Charges, any repair or replacement expenses and any missing inventory.


13. Letter of Credit

As a condition precedent to Southern Hydraulics Mobile Inc entering into the Equipment Rental Agreement and to Southern Hydraulics Mobile Inc making the Equipment available to the Rentee, and as security for the full performance by Rentee of its obligations hereunder, Rentee may be required to obtain from a financial institution acceptable to Southern Hydraulics Mobile Inc an irrevocable letter of credit for the benefit of Southern Hydraulics Mobile Inc in an amount determined by Southern Hydraulics Mobile Inc.  If required, Rentee agrees to maintain such letter of credit in place until all of the Equipment rented hereunder shall have been returned to Southern Hydraulics Mobile Inc and Rentee shall have fully complied with all of its obligations hereunder, including the payment of all Use Charges, repair or replacement expenses and any other amount due and owing to Southern Hydraulics Mobile Inc hereunder.  In addition, the failure by Rentee to extend the letter of credit or to provide a substitute letter of credit acceptable to Southern Hydraulics Mobile Inc at least thirty (30) days prior to the expiration date of the letter of credit shall constitute an event of Default under the Equipment Rental Agreement and shall entitle Southern Hydraulics Mobile Inc to immediately draw down the full amount available under the letter of credit.  The letter of credit shall be issued substantially in the form approved by Southern Hydraulics Mobile Inc.


14. Adequate Assurances

During the term of any Rental, Southern Hydraulics Mobile Inc, in its sole discretion, may require that Rentee immediately enter into reasonable security arrangements with Southern Hydraulics Mobile Inc.  Such security arrangements may include providing a security deposit or letter of credit sufficient to protect Southern Hydraulics Mobile Inc from all risk of loss.  Failure by Rentee to comply with any of the terms of this provision shall constitute a Default of the Equipment Rental Agreement and Southern Hydraulics Mobile Inc shall be entitled to all rights and remedies provided by Section 19(b) herein.


15. Laws, rules and Regulations

All laws, rules, and regulations whether governmental or otherwise, including, without limitation, the DOT compliance requirements, daily pre-trip inspections and safety inspections, applicable to the use, possession or control of the Equipment by Rentee shall be complied with by Rentee at Rentee's expense.  Rentee shall be responsible for all other registration, operating permits, operating violations and or other similar fees, which may be required or incurred.  If subsequent to the date of execution of the Equipment Rental Agreement any Federal, State, or Local law, ordinance, or regulation shall require additional modifications or the installation of any additional equipment, specifically including but not limited to anti-pollution or safety devices, Rentee will cooperate in tendering the Equipment to Southern Hydraulics Mobile Inc for such modifications.  If the Rentee fails to cooperate in the tendering of the Equipment for the purpose of making such modifications, Rentee shall be liable for all costs, penalties, and fees, including reasonable attorney’s fees, incurred by Southern Hydraulics Mobile Inc for such failure to cooperate.


16. Taxes

All taxes and assessments, including without limitation all import and customs duties and all withholding, property, sales and/or use taxes, and all penalties or other charges or fees arising out of or incident to the use, possession or control of the Equipment by Rentee prior to its return to Southern Hydraulics Mobile Inc, shall be the responsibility of Rentee.  In order to avoid the obligation to remit any applicable withholding, property, sales and/or use tax to Southern Hydraulics Mobile Inc, Rentee must provide a duly authorized exemption certificate issued by or acceptable to the relevant taxing authority.


17. Assignment & Successors

No assignment or sublicensing by Rentee of any right or interest in the Equipment, any Rental or any Agreement that results therefrom shall be permitted.  Notwithstanding anything to the contrary contained herein, the Equipment Rental Agreement and these Standard Terms and Conditions shall inure to the benefit and be binding upon the parties, their heirs, successors, administrators, executors and permitted assigns.


18. Liens

Rentee shall keep the Equipment free from any liens, claims or encumbrances, attachments, rights of others and legal processes (“Liens”) of creditors of Rentee or any other persons.  Rentee shall promptly notify Southern Hydraulics Mobile Inc upon receipt of notice of any such Liens affecting the Equipment and Rentee shall promptly defend at its own expense Southern Hydraulics Mobile Inc’s title to the Equipment from such Liens.


19. Default

a. Rentee SHALL BE IN DEFAULT of the Equipment Rental Agreement: (i) if Rentee fails to comply with any of the terms or conditions of the Equipment Rental Agreement, including, but not limited to, the retention of the Equipment for the Rental Term or the timely payment of all invoices; (ii) if the Rentee purchases or uses any replacement or new part or fitting to use as part of the service utilizing the rented equipment not purchased from Southern Hydraulics Mobile Inc, (iii) comply with any of the terms or conditions of the Equipment Rental Agreement, including, but not limited to, the retention of the Equipment for the Rental Term or the timely payment of all invoices if any third party credit support, including any guarantor or issuer of letter of credit, attempts to or does cancel the support or guaranty; (iv) if Rentee is in default of any of the terms or conditions of any other Agreement with Southern Hydraulics Mobile Inc; (v) if Insurance as required under this Agreement will be canceled or be reduced or if such Insurance lapses; (vi) if Rentee fails to provide the adequate assurances under Section 14 herein; or (vii) if Rentee becomes insolvent, or subject to any voluntary or involuntary bankruptcy proceeding (including acquiescence in the appointment of a trustee or receiver, or commencement of any dissolution or liquidation proceeding; hereafter individually or collectively referred to as a "Default").

b. In addition to any rights or remedies available at law or in equity, upon a Default by Rentee, Southern Hydraulics Mobile Inc shall have the right, at its option and without demand or notice to Rentee to do any one or more of the following: (i) pay all amounts required to be paid or perform or cause to be performed all obligations required to be performed by Rentee under the Equipment Rental Agreement and charge Rentee as additional rent the amount paid or the reasonable value of the services performed therefore together with interest thereon at the rate described in Section 5 hereof; (ii) declare the entire balance of the remaining payments due under the Equipment Rental Agreement immediately due and payable by acceleration and recover such amount as liquidated damages, the reasonableness of such damages being acknowledged by Rentee; (iii) take immediate possession of all outstanding Equipment, all of which is to be returned at Rentee’s expense; (iv) terminate the Equipment Rental Agreement (whereupon the terms and conditions shall continue to apply to the Equipment then in the possession or control of Rentee until its return); (v) calculate and require Rentee to pay any collection costs incurred in recovery of any sums due or repossession of any Equipment including, without limitation, reasonable attorney’s fees; and (vi) calculate and recover from Rentee any lost profits and damages as a “Lost Volume Seller” (as that term is defined and used in the Uniform Commercial Code) that Southern Hydraulics Mobile Inc would have generated had the Rental not been prematurely cancelled.  Rentee acknowledges that Southern Hydraulics Mobile Inc is under no duty to mitigate damages resulting from Rentee’s Default.


20. Repossession

If Rentee fails or refuses to promptly return all Equipment after demand by Southern Hydraulics Mobile Inc, or if a Default has occurred and is continuing, at Rentee’s expense, Southern Hydraulics Mobile Inc shall have the right to enter upon any premises where the Equipment is located and take immediate possession of and remove the Equipment and shall be deemed to be Rentee’s agent for such purposes.  If Southern Hydraulics Mobile Inc takes possession of the Equipment with property contained in, upon or attached to the Equipment, Southern Hydraulics Mobile Inc may take possession of such property and hold it in its own or public storage for the account and at the expense of Rentee or upon thirty (30) days advance written notice to Rentee, dispose of such property in a commercially reasonable manner with no further liability.  Rentee expressly waives the benefits of all Federal, State or Locals laws, now or hereafter enacted, exempting any leased property from replevin, distraint, levy or sale in any legal proceeding taken by Southern Hydraulics Mobile Inc to enforce any right under the Lease.


21. Intellectual Property

Southern Hydraulics Mobile Inc and/or its licensors reserve ownership of all Intellectual Property (as defined below) in and to the Equipment, fittings and Know How and the Equipment Rental does no create any right of ownership in or to such materials in Rentee.  For the purposes of this Section 21, “Intellectual Property” shall mean all proprietary interests of any kind or nature, including, without limitation interests pertaining to patent rights, copyrights, trade secrets, mask work rights, design rights, prototypes, models, documentation, trade and service marks, and other similar rights throughout the world, however denominated and any amendments, additions or improvements made thereto.


22. Waiver

No waiver by Southern Hydraulics Mobile Inc of any breach or Default hereunder, or omission or delay by Southern Hydraulics Mobile Inc in exercising any of its rights hereunder, or course of dealing between Southern Hydraulics Mobile Inc and Rentee shall operate as a waiver by Southern Hydraulics Mobile Inc to subsequently require full compliance with the Equipment Rental Agreement or these Standard Terms and Conditions or as a waiver of any of Southern Hydraulics Mobile Inc's rights or remedies hereunder.



23. Illegal Payments

No bribes, illegal commissions, or other similar payments, whether direct or indirect, to the best of Rentee's knowledge, have been or will be made to any employee or agent of Southern Hydraulics Mobile Inc or Rentee, or of their respective subsidiaries, in connection with this transaction.


24. Amendments

Southern Hydraulics Mobile Inc reserves the right to change, upon thirty (30) days prior written notice, any term or provision hereof, including without limitation the Use Charges to be paid under the Equipment Rental Agreement.  No amendment to the Equipment Rental Agreement shall be effective unless in writing, executed by Southern Hydraulics Mobile Inc’s Finance Manager or their designee who is located in Southern Hydraulics Mobile Inc’s home office in Orlando, Florida and delivered to Rentee pursuant to the notice provision hereto.


25. Notices

All notices and other communications required to be given hereunder, including those required for billing purposes, must be sent in writing, unless otherwise specifically provided, and delivered by e-mail, facsimile, or by private courier or mail, postage prepaid, to the addresses set forth in the Equipment Rental Agreement.  All notices to Southern Hydraulics Mobile Inc shall be addressed to Southern Hydraulics Mobile Inc, 1516 Kelley Ave, Kissimmee, FL 34744.  Notice will be deemed effective upon receipt.  Any change of address by either party shall be communicated to the other by notice given as provided herein.  Notwithstanding the above, Southern Hydraulics Mobile Inc may provide the Equipment Rental Agreement, these Standard Terms and Conditions, invoices and other notices to Rentee in an electronic format, or other means.


25. Confidentiality

The confidentiality of the Equipment Rental Agreement, including without limitation the Use Charges applicable thereunder, shall be strictly maintained by Rentee and shall not be released or revealed to any third party.


26. Choice of Law

This Equipment Rental Agreement shall be governed by the internal laws of the State of Florida, excluding application of the State of Florida conflict of laws rules.  The parties hereby agree to submit to the jurisdiction of the Circuit Court of Osceola County, Florida for purposes of adjudicating any action arising out of the Equipment Rental Agreement.  Any action arising out of the Equipment Rental Agreement may be properly filed in the Circuit Court of Osceola County, Florida; however, Southern Hydraulics Mobile Inc reserves its right to bring suit in any other appropriate jurisdiction.


27. Severability

IF ANY TERM OR PROVISION hereof is declared to be illegal, invalid or unenforceable for any reason by a court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect the remaining terms and provisions hereof, which shall remain binding and enforceable.



END OF AGREEMENT

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