2. PAYMENT TERMS.  The rental fee is based on an agreed upon rate that will be sent via invoice, plus any additional fees incurred.  Additional charges shall be added in the event the equipment is damaged, missing any parts, or returned later than 4 days unless an extension has been granted.  All charges shall commence from the Effective Date of this Agreement.  Lessee shall pay to the Lessor an additional service charge of $50 per hour for each hour the equipment has not been returned, in addition to the daily rental fee of $100.00.  Lessor shall invoice the client on a daily basis.

3 . RETURNED CHECKS. The Lessee shall be charged $40.00 dollars for each check that is returned to the Lessor for insufficient funds.

4. SECURITY DEPOSIT.  In addition to the rental fee, the Lessee shall pay a security deposit prior to receiving equipment. This deposit shall be returned to the Lessee upon termination of this Agreement, subject to any additional charges or damages incurred.  Any amounts refundable to the Lessee shall be paid when the Rental Agreement is terminated, usually upon equipment’s return. Refunds shall be returned 2-7 business days of the equipment’s return is payment is made via credit or debit card and returned upon the equipment return if the customer pays in cash or zelle. Please note that business days do not include weekends or bank holidays.

6. LEASE TERM.  This Equipment Rental Agreement shall begin on the above Effective Date and shall termination date, unless otherwise terminated in a manner consistent within these terms.  At the end of the Lease term, the Lessee shall be obligated to return the equipment to the Lessor at the Lessee’s expense, unless the lessee has paid for drop off service.

6. LOCATION.  The equipment shall be located at _____________________________________________________________  [CUSTOMER ADDRESS] during the term of this Agreement, and shall not be removed from that location without the Lessor’s prior written consent.

7. CARE AND OPERATION.  The equipment may only be used and operated in a careful and proper manner.  Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any. Customer shall not adjust the temperature on the heater so that the settings remain intact or a $100 fine may be incurred.

8. DAMAGES.  The Lessor or person renting the equipment assumes ALL LIABILITY AND RESPONSIBILITY for any damages or losses associated with the use or misuse of the equipment. And a market value fee will be required of the customer and this price shall be based upon the given costs to replace the equipment based on convectex.com’s prices where the vendor purchased the equipment from.

9. TAXES & FEES.  During the term of this Equipment Rental Agreement, the Lessee shall pay all applicable taxes, assessments, and license and registration fees on the equipment.

10. ALTERATIONS.  Lessee shall make no alterations to the equipment without prior written consent of the Lessor.  All alterations shall be property of the Lessor and subject to the term within.  Lessor shall have the right to inspect the equipment during Lessee’s normal business hours upon request.

11. MAINTENANCE AND REPAIR.  The Lessee shall maintain at the Lessee’s cost, the equipment in good repair and operating condition, allowing for reasonable wear and tear.  Such costs shall include labor, material, parts, and similar items.

12. DEFAULT.  The occurrence of any of the following shall constitute a default under this Agreement:

a . The failure to make a required payment under this Agreement when due.

b. The violation of any other provision or requirement that is not corrected within 2 day(s) after written notice of the violation is given.

13. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LESSOR SHALL NOT BE LIABLE TO LESSEE, AND LESSEE COVENANTS THAT IT SHALL NOT ASSERT A CLAIM AGAINST LESSOR, UNDER ANY LEGAL THEORY, WHETHER IN AN ACTION BASED ON A CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE PROVIDED BY STATUTE OR LAW, (i) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES, OR ANY DAMAGES RESULTING FROM LOST PROFITS, INTERRUPTION OF BUSINESS, OR LOSS OF GOODWILL, EVEN IF LESSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR DAMAGES RELATED TO OR ARISING OUT OF THIS AGREEMENT IN AN AMOUNT THAT EXCEEDS THE FEES ACTUALLY PAID BY LESSOR UNDER THIS AGREEMENT.  LESSEE HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.  PARTIES, HEREBY ACKNOWLEDGE AND AGREE THAT ANY WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY PROVISIONS SET FORTH ABOVE HAVE BEEN NEGOTIATED AND ARE FUNDAMENTAL ELEMENTS OF BASIS OF THIS AGREEMENT.

14. DISPUTE RESOLUTION.  This Agreement and any dispute relating to this Agreement shall be governed by and interpreted in accordance within the law and Parties irrevocably agree that the courts within the State of Illinois shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement, regardless of individual party location.  Parties irrevocably submit to the exclusive jurisdiction of the federal and state courts located within the State of Illinois.

15. INDEMNITY.  Lessee agrees to indemnify and hold Lessor, its subsidiaries, affiliates, and respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses suffered or incurred arising out of Lessee use of the equipment, the functionality of the equipment, or any violation of this Agreement.

16. SEVERABILITY.  In the event, that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be amended to reflect, to the greatest extent permitted under applicable law, the original intent of the Parties, and the remainder of the provisions shall remain in full force and effect.

17. WAIVER.  Either party’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other of its rights hereunder at any later date or time.

18. FORCE MAJEURE.  With the exception of any payment obligations, neither Party shall be liable for failing to perform its obligations hereunder (other than payment obligations) were delayed or hindered by war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable control.

19. SURVIVAL.  All terms and provisions of this Agreement that should by their nature survive the termination shall so survive.

20. ENTIRE AGREEMENT.  This Agreement, including any exhibits attached hereto and made part hereof, constitutes the entire agreement between Lessor and Lessee with respect of the subject matter hereof.  This Agreement supersedes any prior agreements, representations, or dealings between the Parties.

21. EARLY EQUIPMENT RETURN: Refunds beyond the security deposit will be given at the sole discretion of the owner. Generally, refunds are not given for early returns.

22. Given Price: Fee for renting the equipment_______________________________. Refundable Security Deposit____________________________________________

IN WITNESS WHEREOF, the Parties hereto have executed this Equipment Rental Agreement by a duly authorized representative effective as of the date set forth at the top of this Agreement.

IMPERIAL MAINTENANCE SERVICES LLC

Jeffery W Veal II President

[LESSEE NAME]

_________________________________ ______________

[NAME],]                                         [DATE]