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HomeMy WebLinkAboutJohn Deere-4/15/2013 (2)JOHN DEERE RENTAL AGREEMENT Rental # 02085359 Original Name LESSEE WATERLOO REGIONAL AIRPORT DATE Apr 04, 2013 RENTAL TERM BEGINS May 01, 2013 ENDS Nov 01, 2013 Street or RFD 2790 LIVINGSTON LN BRANCH/REGION 08 ACCOUNT NO. 085796 Do NOT write In Shaded areas. For office use only. City, ST Zip Code WATERLOO, IA 50703 LESSOR NAME AND ADDRESS WATERLOO IMPLEMENT, INC. NUMBER OF MONTHS Telephone Number 319-291-4483 2415 Sergeant Road APPLIED DATE Contact LESS ustomer lit4LESS 00 �Gv 1 a 16 WATERLOO, IA 50701 PAYMENTS APPLIED Percentage of Rental Payments Applied to Purchase Option: 0.00 % Security Deposit : $ 0.00 = Estimated Rental Charge (Rental Rate x Rental Period) $ 0.00 Maximum Hours No More Than : hours/Day Notes + Fees $ 0.00 + Taxes $ 0.00 + Service Charge $ 3,950.00 1 SEASON RENTAL 2013. + Additional Charges $ 0.00 = Additional Charges Subtotal $ 3,950.00 Total Rental Charge $ 3,950.00 EQUIPMENT WILL BE USED AT: (Name) (Address) Lessee will not remove the Equipment from this Location Without written permission from Lessor. (City) 11.. Cintu/pn,vinr, (ZIP Code) Use County (Phone Number) IA BLACK HAWK Doc Ref No. Qty Model Size & Description of Equipment (Give Product Identification No.) Hour Meter Reading Present Value % 1 HX20 JOHN DttHt HXLO Stock # ( J $ 25,000 00 0.00 Rental Rate Per Hour 0.00 IMIn.PedodI0.00 Insurance Loss payee name and address $ 25,000 00 TOTAL TT PURCHASER TYPE MARKET USE 9 Farm 15 Row Crop/Small Grain THIS RENTAL..AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE FOLLOWING PAGES i HEREOF. ALL OF WHICH A HEREBY MADE A PART OF THIS RENTAL AGREEMENT. LESS ustomer lit4LESS 00 �Gv 1 a 16 •►eater) ./ f '91►510\? BY i THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE FOLLOWING PAGES HEREOF. ALL OF WHICH ARE HEREBY MADE A PART OF THIS RENTAL AGREEMENT. Page 1 of 4 Customer's Initials Date Quote td : 7878679 Rental # : 02085359 RENTAL A 1. General, The above-named Lessor hereby leases to the above named Lessee the equipment listed herein ("Equipment") for the term and with the rental payments set out above. Rental payments shall be made to Lessor at the address shown above or to such other person and address as Lessor may direct from time to time. Lessee will pay the cost of transporting the Equipment from Lessor's place of business and retuming it thereto. Such transportation shall take place during the term hereof. Lessee agrees to remit to Lessor the rental payments and all other amounts when due and payable, even if Lessor does not send Lessee a bill or an invoice. Lessee agrees that any amount due under this Rental Agreement, may, if specified above, at the option of the Lessor, be submitted by Lessor as a charge authorized by Lessee to the PowerPlan or Farm Plan account of Lessee, and Lessee agrees that the terms of that account shall thereafter apply to any accepted charges. For any payment which is not received by its due date, Lessee agrees to pay a late charge equal to 5% of the past due amount (not to exceed the maximum amount permitted by law)as reasonable collection costs, plus interest from the due date until paid at a rate of 1.5% per month, but in no event more than the maximum lawful rate. Restrictive endorsements on checks Lessee sends to Lessor will not change or reduce Lessee's obligations to Lessor. If a payment is returned to Lessor by the bank for any reason, Lessee agrees to pay Lessor a fee of $25.00, or the maximum amount permitted by law, whichever is less. Rental payments and other payments may be applied, at Lessor's discretion, to any obligation Lessee may have to Lessor or its assignee or any affiliate of Lessor or its assignee. If the total of all payments made during the rental term exceeds the total of all amounts due under the Rental Agreement by less than $25, Lessor may retain such excess. Rental terms and conditions from all invoices, monthly statements, or other agreements between Lessor and Lessee are hereby incorporated into this Rental Agreement LESSEE'S PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL, AND ARENOT SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FORANY REASON WHATSOEVER. 2. Security Deposit, Any Security Deposit will be held by Lessor in a non-interest bearing account, commingled with other funds. Lessor may apply the Security Deposit to any amounts due under the Rental Agreement and, If Lessor does so, Lessee agrees to promptly remit to Lessor the amount necessary to restore the Security Deposit to the original amount. The Security Deposit will be returned to Lessee within thirty days of termination of the Rental Agreement and final inspection by Lessor, provided Lessee is not in default. 3. Equipment Use. LESSOR HAS NOT MADE, AND DOES NOT MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE. Lessor is the owner of the Equipment and the Lessee has only the right to use the Equipment under the terms of this Rental Agreement You agree to USE THE EQUIPMENT ONLY FOR AGRICULTURAL, BUSINESS OR COMMERCIAL PURPOSES AND NOTFOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. It is contemplated that the Equipment will be operated for not more than the Maximum Hours specified above, and Lessee agrees to pay additional rental prorated at the applicable daily, weekly or monthly rate for each hour the Equipment is used in excess of the Maximum Flours. The additional rent for excess hours shall be paid at the time the Equipment is retumed or, if the Equipment is rented for more than thirty days, on the first day of the month following such use. If there is an hour meter fumished,Lessee agrees to keep it connected to the Equipment and in good working condition at all times and it is to be used as the conclusive basis of the number of hours or operation. Lessee agrees to affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings Lessor may provide. Lessee agrees to pay $_ if the hour meter is damaged or rendered inoperative during the term of this Rental Agreement Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is out of Lessor's possession. Damage to the Equipment, shall not abate or excuse the making of prescribed rental payments. Page 2 of 4 Customer Name :WATERLOO REGIONAL AIRPORT -ALO :-i GREEMENT Lessee agrees to use and care for the Equipment in a careful and prudent manner, to pay all operation and maintenance expenses while the Equipment is out of the possession of Lessor, and to make, at Lessee's sole expense, any and all repairs. Lessee agrees (a) to not move the Equipment to another county or state without notifying Lessor within 30 days; (b) to operate and maintain the Equipment in accordance with all (1) laws, ordinances and regulations, (2) manuals and other instructions issued by the manufacturer(s) and supplier(s), and (3) insurance policy terms and requirements; (c) to perform (at Lessee's expense) all maintenance and repairs necessary to keep the Equipment in as good a condition as when delivered to Lessee, reasonable wear excepted; (d) to not install any accessory or device on the Equipment, unless it can be removed without damaging the Equipment or in any way affecting the value, useful fife, or originally intended use of the Equipment; (e) to not represent the Equipment as owned by Lessee or to pledge the Equipment as collateral to any lender or other party; (f) to load, unload, transport, and secure for transport, in accordance with all laws; (g) to acquire or purchase all proper permits in compliance with all federal and state traffic law. Uponany expiration or temmination of this Rental Agreement, all Equipment shall be returned by Lessee at Lessee's sole expense and in satisfactory condition, along with all use, maintenance and repair records. Equipmentis in satisfactory condition if it is in as good a condition as when the Equipment was delivered it to Lessee, reasonable wear excepted, and conforms to any maintenance standards incorporated into the Rental Agreement. If, upon its return to Lessor, the Equipment is not in such good condition, Lessor may repair it and Lessee will pay the cost of any such repairs at Lessor's regular shop rates. If Lessee fails to retum the Equipment promptly upon any expiration or termination of this Rental Agreement, additional rent shall be payable by Lessee for each day the Lessee remains in possession of the Equipment, in an amount prorated a tone and one-half times the normal rental payment amount. Lessee agrees to keep the Equipment free and clear of liens and encumbrances,except those in Lessor's favor, and promptly notify Lessor if a lien or encumbrance is placed or threatened against the Equipment The Equipment may be equipped with telematics hardware and software ("Telematics") that transmit data to Lessor, John Deere, or other John Deere dealers. Lessee agrees that Lessor, John Deere and other John Deere dealers (their affiliates, successors and assigns), without further notice to Lessee have the right to: (i) access, use, collect and disclose any data generated by, collected by, or stored in, the Equipment or any hardware or devices interfacing with the Equipment ("Machine Data"); (ii) access Machine Data directly through data reporting devices integrated within, or attached to, the Equipment, including Telematics ("Data Reporting Systems"); and (iii) update the Data Reporting Systems software from time to time. Machine Data may be transferred out of the country where it is generated, including to the U.S.A. In the event that the Machine Data includes Lessee's personal information, Lessee hereby consents to the collection, use and disclosure of such personal information, to permit Lessor, John Deere and other John Deere dealers to access and use the Machine Data as set forth herein. Lessee warrants that it has obtained any necessary consent from its employees or any other third parties, including with respect to the transfer of Machine Data to other jurisdictions, to comply with any applicable privacy laws or contractual agreements with such employees or third parties and to permit Lessor, John Deere and other John Deere dealers to access and use the Machine Data as set forth herein. Lessee shall not use the Data Reporting Systems to track the location of any person unless Lessee has first obtained any necessary approvals from such person to permit Lessee, Lessor, John Deere and other John Deere dealers to track such location. Lessee shall not remove, modify or disable any Data Reporting Systems without Lessor's prior written consent. Customer's Initials Date