Daily | You will be charged a predetermined day rate |
|---|---|
Weekly | You will be charged a predetermined weekly rate |
Monthly | You will be charged a predetermined monthly rate |
Reserved | Your reservation price will be set when you reserve |
Each rental will be under contract and a lease agreement must be signed before the equipment is distributed.
Feel free to contact us with any questions or conserns.
HD Oilfield Services LLC (208)-512-0639
EQUIPMENT LEASE
This Equipment Lease (this "Lease") is made effective as of _________________, between HD Oilfield Services LLC (the "Lessor"), 305 12th Ave W, Ray, North Dakota 58849, and _________________ (the "Lessee"), _________________, _________________, _________________ _________________, and states the agreement of the parties as follows:
EQUIPMENT SUBJECT TO LEASE. The Lessor shall lease the equipment listed below:
Unit # ______ Hours: _______ Unit # ______ Hours: _______ Unit # ______ Hours: _______ Unit # ______ Hours: _______ Unit # ______ Hours: _______
PAYMENT TERMS. The total lease payment, based on a fixed rate of$___________ a day/week/month/reservation, is due and payable at the time the equipment is returned to HD Oilfield Services LLC. Charges will be computed from the effective date of this Lease until the equipment is returned. If the lease is based on a daily rate/weekly rate/monthly rate, that is to be discussed and agreed upon before signing this lease.
Daily Rate: $_________Weekly Rate: $_______ Monthly Rate:$_______
Payment Notes_______________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
SERVICE CHARGE. If any Lease installment is not paid within 30 day(s) after the due date, the Lessee shall pay to the Lessor a service charge of $50 For every week that payment is late
NON-SUFFICIENT FUNDS. The Lessee shall be charged $50.00 for each check that is returned to the Lessor for lack of sufficient funds.
SECURITY DEPOSIT. In addition to the lease payment charge, the Lessee shall pay a security deposit of $2,000.00 at the time that this Lease is signed. Any amounts refundable to the Lessee shall be paid within 10 day(s) after this Lease is terminated, subject to the option of the Lessor to apply it against Lease charges and damages. The security deposit shall not bear interest.
LEASE TERM. This Lease shall begin on the above effective date and shall terminate when the units are returned to HD Oilfield Services LLC, unless otherwise terminated in a manner consistent with the terms of this Lease.
CARE AND OPERATION OF EQUIPMENT. 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. Improper care and use of equipment is determined by the Lessor.
ALTERATIONS. Lessee shall make no alterations to the equipment without the prior written consent of the Lessor. All alterations shall be the property of the Lessor and subject to removal or replacement of charges from the Lessor to the Lessee, all removal or replacement charges will be at the Lessors reasonable discretion,and subject to the terms of this Lease.
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. If it is determined the improper operation was the majority factor for any failure of the equipment, whether by the Lessee or the Lessees employees, then all cost to repair or replace the equipment is the responsibility of the Lessee. The Lessor is the deciding party in determining if improper operation was a factor in any equipment failure. All cost of the routine maintenance on rented equipment during this lease is the responsibility of the Lessee. If the equipment is due for any routine maintenance when it is returned to the Lessor, the Lessee will be charged additional maintenance charges to cover the cost to complete the routine maintenance. Routine maintenance is due every 300 hours and the equipment will be labeled by the Lessor when the next routine service is due. Routine maintenance includes, but not limited to, replacement of the oil filters, oil, fuel filters,air filters, and labor cost. All aspects of this equipment are to be inspected when routine maintenance is performed. LESSOR'S RIGHT OF INSPECTION. The Lessor shall have the right to inspect the equipment during Lessee's normal business hours. RETURN OF EQUIPMENT. At the end of the Lease term, the Lessee shall be obligated to return the equipment to the Lessor at the Lessee's expense. The equipment is to be returned in proper working order, and paid for per payment arrangement. Arrangements for drop off or pick up can be made by calling our office 208-512-0639 Our emergency contact number is 701-609-3374. OPTION TO RENEW. If the Lessee is not in default upon the expiration of this lease, the Lessee shall have the option to renew this Lease for a similar term on such terms as the parties may agree at the time of such renewal. ACCEPTANCE OF EQUIPMENT. The Lessee shall inspect each item of equipment delivered pursuant to this Lease. The Lessee shall immediately notify the Lessor of any discrepancies between such items of equipment and the description of the equipment in the Equipment Schedule. If the Lessee fails to provide such notice before accepting delivery of the equipment,
The Lessee will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule. OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Lessor shall be deemed to have retained title to the equipment at all times, unless the Lessor transfers the title by sale. The Lessee shall immediately advise the Lessor regarding any notice of any claim, levy, lien, or legal process issued against the equipment. RISK OF LOSS OR DAMAGE. The Lessee assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in this Lease. INDEMNITY OF LESSOR FOR LOSS OR DAMAGES. Unless otherwise provided in this Lease, if the equipment is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Lessor and subject to this Lease. LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of this Lease is the obligation of the Lessee, and the Lessee shall indemnify and hold the Lessor harmless from and against all such liability. Lessee shall maintain liability insurance of at least $10,000.00. CASUALTY INSURANCE. The Lessee shall insure the equipment in an amount sufficient to cover the replacement cost of the equipment. DEFAULT. The occurrence of any of the following shall constitute a default under this Lease: A. The failure to make a required payment under this Lease when due.
B. The violation of any other provision or requirement that is not corrected within 3 day(s) after written notice of the violation is given. C. The insolvency or bankruptcy of the Lessee. D. The subjection of any of Lessee's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency. RIGHTS ON DEFAULT. In addition to any other rights afforded the Lessor by law, if the Lessee is in default under this Lease, without notice to or demand on the Lessee, the Lessor may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency. The rights and remedies of the Lessor provided by law and this Agreement shall be cumulative in nature. The Lessor shall be obligated to re-lease the equipment, or otherwise mitigate the damages from the default, only as required by law. NOTICE. All notices required or permitted under this Lease shall be deemed delivered when delivered in person or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of this Lease. ASSIGNMENT. The Lessee shall not assign or sublet any interest in this Lease or the equipment or permit the equipment to be used by anyone other than the Lessee or Lessee's employees, without Lessor's prior written consent. ENTIRE AGREEMENT AND MODIFICATION. This Lease constitutes the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of North Dakota.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. CERTIFICATION. Lessee certifies that the application, statements, trade references, and financial reports submitted to Lessor are true and correct and any material misrepresentation will constitute a default under this Lease. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
SIGNATORIES. This Lease shall be signed on behalf of HD Oilfield Services LLC by Heather Brewer, Owner, and on behalf of ________________________________________________________ by_________________________________________________ and shall be effective as of the date first above written.
LESSOR: Heather Brewer, HD Oilfield Services LLC, Owner
By:_________________________________________________________________ The Lessor NameDate: ______________________________________________________________ By:_________________________________________________________________ The Lessee NameDate:_______________________________________________________________
EXHIBIT A Equipment Schedule Equipment Description: ______________________________ Next oil change due:__________________________________Next air filter due:_____________________________________Hours on equipment:_________________________________ Equipment Description: ______________________________ Next oil change due:__________________________________Next air filter due:_____________________________________Hours on equipment:_________________________________ Equipment Description: ______________________________ Next oil change due:__________________________________Next air filter due:_____________________________________Hours on equipment:_________________________________
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. If it is determined the improper operation was the majority factor for any failure of the equipment, whether by the Lessee or the Lessees employees, then all cost to repair or replace the equipment is the responsibility of the Lessee. The Lessor is the deciding party in determining if improper operation was a factor in any equipment failure. All cost of the routine maintenance on rented equipment during this lease is the responsibility of the Lessee. If the equipment is due for any routine maintenance when it is returned to the Lessor, the Lessee will be charged additional maintenance charges to cover the cost to complete the routine maintenance. Routine maintenance is due every 300 hours and the equipment will be labeled by the Lessor when the next routine service is due. Routine maintenance includes, but not limited to, replacement of the oil filters, oil, fuel filters,air filters, and labor cost. All aspects of this equipment are to be inspected when routine maintenance is performed. LESSOR'S RIGHT OF INSPECTION. The Lessor shall have the right to inspect the equipment during Lessee's normal business hours. RETURN OF EQUIPMENT. At the end of the Lease term, the Lessee shall be obligated to return the equipment to the Lessor at the Lessee's expense. The equipment is to be returned in proper working order, and paid for per payment arrangement. Arrangements for drop off or pick up can be made by calling our office 208-512-0639 Our emergency contact number is 701-609-3374. OPTION TO RENEW. If the Lessee is not in default upon the expiration of this lease, the Lessee shall have the option to renew this Lease for a similar term on such terms as the parties may agree at the time of such renewal. ACCEPTANCE OF EQUIPMENT. The Lessee shall inspect each item of equipment delivered pursuant to this Lease. The Lessee shall immediately notify the Lessor of any discrepancies between such items of equipment and the description of the equipment in the Equipment Schedule. If the Lessee fails to provide such notice before accepting delivery of the equipment,
The Lessee will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule. OWNERSHIP AND STATUS OF EQUIPMENT. The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Lessor shall be deemed to have retained title to the equipment at all times, unless the Lessor transfers the title by sale. The Lessee shall immediately advise the Lessor regarding any notice of any claim, levy, lien, or legal process issued against the equipment. RISK OF LOSS OR DAMAGE. The Lessee assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in this Lease. INDEMNITY OF LESSOR FOR LOSS OR DAMAGES. Unless otherwise provided in this Lease, if the equipment is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Lessor and subject to this Lease. LIABILITY AND INDEMNITY. Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of this Lease is the obligation of the Lessee, and the Lessee shall indemnify and hold the Lessor harmless from and against all such liability. Lessee shall maintain liability insurance of at least $10,000.00. CASUALTY INSURANCE. The Lessee shall insure the equipment in an amount sufficient to cover the replacement cost of the equipment. DEFAULT. The occurrence of any of the following shall constitute a default under this Lease: A. The failure to make a required payment under this Lease when due.
B. The violation of any other provision or requirement that is not corrected within 3 day(s) after written notice of the violation is given. C. The insolvency or bankruptcy of the Lessee. D. The subjection of any of Lessee's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency. RIGHTS ON DEFAULT. In addition to any other rights afforded the Lessor by law, if the Lessee is in default under this Lease, without notice to or demand on the Lessee, the Lessor may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency. The rights and remedies of the Lessor provided by law and this Agreement shall be cumulative in nature. The Lessor shall be obligated to re-lease the equipment, or otherwise mitigate the damages from the default, only as required by law. NOTICE. All notices required or permitted under this Lease shall be deemed delivered when delivered in person or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of this Lease. ASSIGNMENT. The Lessee shall not assign or sublet any interest in this Lease or the equipment or permit the equipment to be used by anyone other than the Lessee or Lessee's employees, without Lessor's prior written consent. ENTIRE AGREEMENT AND MODIFICATION. This Lease constitutes the entire agreement between the parties. No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This Lease replaces any and all prior agreements between the parties. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of North Dakota.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. CERTIFICATION. Lessee certifies that the application, statements, trade references, and financial reports submitted to Lessor are true and correct and any material misrepresentation will constitute a default under this Lease. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
SIGNATORIES. This Lease shall be signed on behalf of HD Oilfield Services LLC by Heather Brewer, Owner, and on behalf of ________________________________________________________ by_________________________________________________ and shall be effective as of the date first above written.
LESSOR: Heather Brewer, HD Oilfield Services LLC, Owner
By:_________________________________________________________________ The Lessor NameDate: ______________________________________________________________ By:_________________________________________________________________ The Lessee NameDate:_______________________________________________________________
EXHIBIT A Equipment Schedule Equipment Description: ______________________________ Next oil change due:__________________________________Next air filter due:_____________________________________Hours on equipment:_________________________________ Equipment Description: ______________________________ Next oil change due:__________________________________Next air filter due:_____________________________________Hours on equipment:_________________________________ Equipment Description: ______________________________ Next oil change due:__________________________________Next air filter due:_____________________________________Hours on equipment:_________________________________