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BILL TO:
DELIVER TO:
1. Trailer/Container is NOT to be used for transporting freight, etc. It is to be used for STORAGE ONLY. The use of this trailer/container is restricted to NON-HAZARDOUS cargo or materials. Trailer/ Container is to be moved by Mt. State Trailer Rental, Inc. ONLY. Also, trailer/container is not to be moved on job site.
2. Renter acknowledges receipt of trailer/container in good working condition; exceptions, if any, noted below. Renter assumes all risk of loss of contents in trailer/container and will pay Mt. State Trailer Rental, Inc. within 30 days after such loss a sum equal to the replacement cost of Mt. State Trailer Rental, Inc. trailer/ container.
3. Renter agrees to indemnify and save harmless Mt. State Trailer Rental, Inc. against all claims, demands, liability and expense whatsoever (including Mt. State Trailer Rental, Inc.'s attorney's fees, if any) arising out of or in any manner connected with the delivery, pick up, or use of rental equipment during the continuance of this rental agreement.
4. If balance is not paid by due date, renter acknowledges that Mt. State Trailer Rental, Inc. shall provide a notice of default. If balance is not paid five (5) days after receipt of notice, Mt. State Trailer Rental, Inc. shall have the right to possession of the trailer/container and may take action as outlined on reverse.
5. Unless otherwise agreed to by the parties, this Agreement shall be a month to month agreement.
6. By executing this contract, the signator hereby warrants that they are an authorized representative of the Lessee and have the authority to execute the same.
7. The rate of ___________ per month is for a minimum of one year's rental. If the trailer / container is picked up before that time, the fee will be ___________ per month.
8. This Rental Agreement and Delivery Invoice constitute the terms of the Agreement of the parties.
DATE__________
MS/N___________MAKE___________YEAR___________S/N______
Mt. State. Trailer Rental Driver ________________________________
Received By ____________________________________________
Comments:
CONTRACT TRAILER RENTAL OF SALE - This instrument constitutes the entire contract. No modification of this contract shall be of any force or effected unless in writing and signed by an officer of Mt. State Trailer Rental, Inc.
WAIVER - No provision hereof and no breach of any provision shall be deemed waived by reason of any previous wavier of such provision or any breach thereof.
COLLECTION - If collection procedures become necessary to collect past due amounts or disputed amounts, the Renter shall be liable for all cost of collections incurred by Mt. State Trailer Rental, Inc.; including, without limitation, Mt. State Trailer Rental, Inc.'s reasonable legal fees and expenses, in addition to the past due or disputed amount. A finance charge on all amounts past due will be assessed each month at the maximum rate permitted by applicable law.
VENUE - Renter agrees that all litigation that may arise from this contract of sale shall be governed by the laws of the state of West Virginia and that venue shall be in Monongalia County, West Virginia.
SEPARABILITY - The invalidity, illegality and unenforceability of any provision(s) of this contract shall in no way effect or impair the legality, validity, and enforceability of the remaining provisions hereof.
REPOSSESSION - In the event Mt. State Trailer Rental, Inc. shall retake possession of the storage trailer/container upon default and there shall, at the time of such retaking, be in, upon or attached to such retaken trailer/container any other property, goods or things of value ("Property") belonging to Renter or in the custody or control of Renter, Renter hereby grants to Mt. State Trailer Rental, Inc. a security interest in said Property to secure any amounts owed from time to time by Renter to Mt. State Trailer Rental, Inc. The latter is authorized to take possession of such property, and hold the same for Renter for a period of forty- five (45) days. After forty--five (45) days if Renter has not satisfied all amounts owed to Mt. State Trailer Rental, Inc., Mt. State Trailer Rental, Inc. may sell, lease or otherwise dispose of any or all of the Property in its then condition and the proceeds therefrom shall be utilized to pay for: 1) the expense of retaking, holding and preparing for the sale, lease or other disposition; 2) all legal fees and expenses incurred by Mt. State Trailer Rental, Inc. in connection with the retaking and disposition; and 3) the satisfaction of the indebtedness secured by the security interest under which the disposition is made. PARTIES AGREE THAT THE PROCEDURES OUTLINED IN THIS PROVISION ARE IN LIEU OF ANY RIGHTS
AVAILABLE UNDER WV CODE, SECTION 38-11-14.
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