Recurring Billing Authorization

Buyer agrees to authorize Lejeune Rental Corporation to process recurring payments for outstanding rental equipment on the furnished credit card.  Billing will be at 30 day intervals until the equipment is returned. Return date is considered to be the date that equipment is received back at LeJeune Rental Corporation. Upon equipment return, LRC will credit your charge card for any unused portion of the 30 day rental. If the equipment is returned using the UPS return label supplied by LRC, the UPS Collect charges will be billed to the customer’s charge card.

Equipment Rental Agreement

This Equipment Rental Agreement (“Agreement”) is made and entered into by and between LeJeune Rental Corporation (“Company”) and (“Customer”).

  1. Equipment Rental. Customer hereby agrees to lease from Company the equipment identified (the “Equipment”), and as consideration therefore, Customer agrees to pay the rental fees in the amounts and within the time frames set forth.  Customer and Company agree that this Agreement shall apply to all Equipment leased by Customer from Company and that Company may, from time to time, modify, supplement and amend www.rentals.lejeunebolt.com (“Site”) to reflect the lease or return of Equipment by the Customer under this Agreement.
  1. Title to Equipment. Title to the Equipment shall remain at all times with Company.  No title or right to the Equipment shall pass to the Customer, except the rights herein expressly granted.
  1. Maintenance and Alterations. Customer shall keep the Equipment in good condition and working order and shall only use the Equipment for its intended purpose.  The Company shall be responsible for all regular maintenance of the Equipment.  The Customer shall not change or alter the Equipment without Company’s prior written consent.   Violation of this Section 3 by the Customer shall void all maintenance obligations of Company.
  1. Term and Termination of Agreement. This Agreement shall continue in full force and effect until (a) the Equipment is returned by Customer to the Company and all amounts due hereunder have been paid, (b) the Equipment is purchased by Customer on terms mutually acceptable to Customer and the Company, or (c) the Company provides written notice of Company’s desire to terminate the Agreement.  Upon termination of this Agreement, the Customer will  surrender, at Customer’s cost and expense, the Tools in good working order to Company.  Notwithstanding the termination of this Agreement, Customer shall continue to be responsible for the payment of all charges and costs incurred hereunder through the date of termination.
  1. Liability. During the term of this Agreement, the Customer shall be solely responsible for any loss or damage to the Equipment.  The Customer shall also be solely liable for all claims, including but not limited to workers’ compensation or claims for personal injury or damage to property, arising, directly or indirectly, out of the use of the Equipment. The Customer hereby assumes and shall bear the entire risk of loss for theft, damage, destruction or other injury to the Equipment from any and every cause whatsoever.  No such loss or damage shall impair any obligation of the Customer under this Agreement, which shall continue in full force and effect.  In the event of damage to or loss of the Equipment (or any component thereof), the Customer shall pay the total of all unpaid rent payments for the entire Agreement term plus the market value of the Equipment prior to such loss or damage, in which case this Agreement shall terminate except for any Customer duties, as of the date such payment is received by Company.
  1. Payment; Required Credit Card Information. A valid MasterCard, VISA, American Express, or Discover is required for the rental and other charges contemplated by this Agreement (including payment for the Equipment in the event of loss or damage as provided in this Agreement).  Customer hereby authorizes the Company to charge the credit card provided below to pay for the charges covered by this Agreement.  Company will charge Customer for regular rental payments and for all other charges contemplated by this Agreement.  Customer hereby certifies that the information provided is true and correct as of the date given and will remain true and correct throughout the term of this Agreement.  Customer agrees to promptly update the information in the event it changes.

 

  1. Default. If the Customer defaults in any performance required herein for a period of 30 days, then (i) this Agreement may be terminated by the Company, (ii) the Company shall have the right to enter the Customer’s premises and remove the Tools, without notice, and (iii) the Company shall be entitled to pursue any other remedies available to it at law and in equity.
  1. No Waiver. Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict conformance with the terms of this Agreement.
  1. Warranties. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUITABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, MERCHANTABILITY OR INTENDED USE. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS, RESULTING FROM ANY FAILURE OF THE TOOLS OR ANY PERFORMANCE BY COMPANY.
  1. Entire Agreement. This Agreement, including the terms and conditions referenced below, constitutes the entire Agreement between the parties on the subject matter contained herein.  This Agreement supersedes all prior oral or written agreements between the parties.  This Agreement may be amended only as mutually agreed upon in writing.

EXHIBIT 1

1.1            Sockets.  Where applicable, equipment includes one (1) socket set.  Additional socket sets required are billed according to Site.

1.2           Payment Terms.  Valid credit card.

1.3            Rental Period.  Equipment is rented per day subject to a 3 day minimum.  Rental Period commences the day the equipment is shipped from Company and concludes the day equipment is received by Company.  Rental Period includes weekdays, weekends, and holidays.

1.4           Rental Period Charge.  Customer will be charged per month (30 days) from the day of shipment.  Customer will be charged each additional rental period beyond the original period until equipment is returned.  Any unused rental days will be credited to the customer upon return of equipment.

1.5            Freight.  Customer is responsible for all outbound and return freight.

1.6            Equipment Return.  Equipment shall be returned to LeJeune Rental Corporation via UPS Collect, Customer preferred parcel carrier Prepaid, or Customer vehicle Prepaid.  For UPS Collect shipments, Customer shall use the preprinted return address label provided.  UPS shipments can be dropped off at any UPS location, scheduled for pick up via www.UPS.com, or by calling 1-800-742-5877.  UPS Collect charges will be billed to the customer on the final invoice.

1.7            Defective Equipment.  If equipment is reported as defective, Company will replacement equipment freight prepaid.  Defective equipment must be returned in a timely manner for evaluation by Company.  Equipment confirmed to be defective by Company will terminate the existing rental agreement as of the reported date by the customer.   A new rental agreement will be enacted for the replacement equipment commencing the day of shipment.

1.8            Normal Wear and Tear.  Normal wear and tear is expected.  Any damage beyond normal wear and tear as determined by Company will be the responsibility of the Customer.

1.9          Purchase of Rental Equipment.  Rental equipment may be purchased by the Customer at the discretion of Company.  Customer may purchase existing rental equipment in their possession or new equipment.  If customer makes a request to purchase rental equipment within the first 30 day rental period, Company agrees to credit the full amount of the first 30 day rental period.

1.10          Warranty of Purchased Rental Equipment.  Purchased rental equipment is sold as-is with no expressed or implied warranty.

 

Standard Terms and Conditions of Sale

The following terms and conditions shall be part of any contract or sale which may be entered into between the party named as the buyer (“buyer”) and LeJeune Bolt Company (“seller”).  The terms and conditions set forth below or on seller’s quotation shall be the only terms and conditions applicable to any agreement between seller and buyer resulting from seller’s acceptance of the order and shall apply to the order regardless of any contrary or inconsistent terms which may appear on buyer’s order.  All representations, promises, warranties or statement by any agent or employee of seller that differ in any way from the terms and conditions hereof shall be given no effect or force.  Any additional, contradictory or different terms contained in any initial or subsequent order or communication from buyer pertaining to the products described are not applicable and are hereby objected to by seller. No course of prior dealings between buyer and seller and no usage of the trade shall be relevant to supplement or explain any terms used in this agreement.

1. Unless noted, shipments and deliveries are F.C.A. (Free Carrier) Burnsville, MN.

2. Prices are effective on the date shown on the quote or the price list.  Special packaging shall be furnished only when specified and so stated by buyer, and the cost thereof shall be borne by buyer.  Prices are subject to change.  Published pricing may be revoked by seller at any time without notice.

3. All quotations are valid for fourteen (14) days from date of issuance unless otherwise specified.  Seller guarantees prices on firm orders for products scheduled for delivery within 60 days from date of order.  Prices on products scheduled for delivery beyond 60 days from date of order are subject to revision unless otherwise acknowledged and agreed upon by seller.  Such revisions may be effected by seller by giving written notice to buyer.  If seller commits to a delivery date that falls within 60 days of date of order and is not able to deliver by that date, then buyer will be guaranteed the price at time of order whatever the final delivery date.

4. Prices do not include sales, use, excise or any similar tax.  Any tax or governmental charge upon the production, sale, shipment or use of the product which seller is required to pay or collect from buyer shall be paid by buyer to seller unless buyer furnishes seller with a tax exemption certificate acceptable to the applicable taxing authority.

5. Seller reserves a purchase money security interest in each of the products sold in the amount of its purchase price.  This interest will be satisfied by payment in full.  A copy of this sales contract may be filed with appropriate state authorities to protect seller’s security interest.

6. Shipments will normally be made “freight collect”.  Any prepayment by seller for freight charges will be added to the invoice and shall be paid by buyer with and in addition to the purchase price.  Seller will ship in accordance with instructions provided by buyer.  However, if buyer fails to furnish such instructions, seller will select what is, in its opinion, the most satisfactory routing for the shipment.  Title to and risk of loss or damage in transit pass to buyer upon delivery by seller to the carrier, and all claims shall be made directly to the carrier.

7. Shipping dates are provided to the best of seller’s knowledge based upon conditions existing at the time the order is placed and information furnished by buyer.  Seller will, in good faith, endeavor to ship by the estimated shipping date but will not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of this agreement resulting directly or indirectly from, or contributed to, by and acts of god, acts of buyer, acts of civil or military authority, priorities, fire, strikes or other labor disputes accidents, floods, epidemics, war, riots, delays in transportation, shortages of labor, fuel, materials, supplies, manufacturing facilities, subcontractor delays or other circumstances beyond seller’s reasonable control whether similar or dissimilar to the foregoing.

8. Seller warrants the product in accordance with the specifications applicable to the product in effect on the date of order acceptance.  Seller does not warrant or guarantee the performance of product for any specific application. Seller shall not be liable for damage or deterioration of the product cause in whole or in part by miss-handling by buyer, failure by buyer to provide proper storage conditions, improper applications, weather conditions or other exposure to the environment, or modifications by buyer. The foregoing warranty is in lieu of all other warranties, expressed or implied including those of merchantability or fitness for any particular purpose.

9. If buyer claims that seller has breached any of its obligations under the terms of seller’s contract, such claims must be made in writing to seller within (30) days of shipment of the product to the first destination to which they are shipped.  Products rejected by buyer as not conforming to the specifications shall not be returned, reworked, or discarded without seller having the opportunity for inspection or without seller’s written authorization.

Seller’s liability, whether breach of contract or product warranty, is exclusively limited to rework or replacement of the non-conforming product or, at seller’s option, to refund of the purchase price of the product.

The remedies provided for in this and the preceding paragraph shall constitute the sole recourse of buyer against seller for breach of any of seller’s obligations under the sales contract with buyer, whether the claim is made in tort or contract including claims based on warranty, negligence or otherwise.

In no event shall seller be liable for incidental or consequential damages arising out of or in connection with the sales contract including without limitation breach of any obligation imposed on seller there under or in connection herewith.

10. If product furnished under this sales contract is made in accordance with drawings, samples, or manufacturing specifications designated by buyer, buyer agrees to hold seller harmless from any and all damages, costs and expenses arising from a claim that such product, or the use thereof, infringes any patent, foreign or domestic, and buyer agrees at its own expense to undertake the defense of any suit against seller brought upon such claims.  Buyer’s order may not be canceled, terminated, modified, or shipment deferred except with seller’s written consent and subject to termination charges based upon costs determined by seller, for expenses incurred and commitments made and which shall provide for a reasonable profit on material, work in process, and contract value of products completed and ready for shipment.

11. Payment terms:  Net 30 days.  A finance charge of 1 1/2% per month will be charged on all past due invoices.

12. Minimum order:  $50.00

13. Return policy:  All returns must be “freight prepaid”.  Freight payment will be the responsibility of the buyer (shipper).  No return shall be accepted without the written authorization of seller.  All material authorized for return by seller shall be subject to a minimum 25% restocking fee, pending product inspection.  Returns will result in an account credit for the buyer.  Only factory sealed full kegs will be considered for return.  Under no circumstances will seller issue credit for any material received that is not listed on a written return authorization.  All return authorizations are valid for thirty (30) days from the date of issuance unless otherwise specified.

14. All orders are received, approved, and accepted at seller’s Burnsville, MN facility.  No agent, salesman or other party is authorized to bind seller by any agreement, warranty, statement, promise or understanding not herein expressed.

15. Law: The foregoing terms and conditions shall be governed and construed in accordance with the laws of the state of Minnesota.  The rights and obligations of buyer and seller shall be governed by the laws of the state of Minnesota.

LB T&C

03-007-01