EQUIPMENT LEASE AGREEMENT
THIS LEASE is made as of the
, 20 __ , by
and between KRIGGER & COMPANY, INC., a Pennsylvania corporation having a place of
business at 4360 Gibsonia Road, P.O. Box 1427, Gibsonia, PA 15044-1427 ("Lessor")
and , _________________________________________________________________
located at _____________________________________________________________
WHEREAS, Lessor owns certain lawn maintenance equipment listed on Schedule A
attached hereto (the "Equipment"); and
WHEREAS, Lessee wishes to lease the Equipment on a short-term basis, on the terms
and conditions set forth below.
Terms and Conditions of Lease
1. LEASE. Lessor hereby leases to Lessee and Lessee hereby leases and rents from
Lessor, the Equipment.
2. WARRANTIES. Lessee shall inspect the Equipment promptly upon its delivery to
Lessee, and shall promptly notify Lessor in writing of any defect in the Equipment.
LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER OF THE
EQUIPMENT, AND THAT LESSOR MAKES NO WARRANTY, EITHER EXPRESS
OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT
LIMITED TO, ITS FITNESS FOR A PARTICULAR PURPOSE OR ITS
MERCHANTABILITY. Lessee accepts the full risk of the rental and use of the
Equipment, and hereby releases Lessor from any and all claims relating to the
Equipment or the use thereof.
3. NO ORAL AGREEMENTS. No oral promise, representation, warranty, modification
or other agreement between Lessor and Lessee shall be binding. None of the terms
of this Lease shall be changed or modified except in writing signed by Lessor and
4. DELIVERY. The Equipment shall be delivered to Lessee at its address shown on
page 1 hereof. The date on which Lessee takes possession of the Equipment at such
location is hereinafter referred to as the "Delivery Date". Lessee will pay Lessor a
pick-up and delivery charge as shown on SCHEDULE A hereto in addition to rent for
the delivery of the Equipment.
5. TERM. The term of this Lease shall commence on Delivery Date and shall continue
for each item of the Equipment for the period set forth on SCHEDULE A hereto.
6. RENT FOR EQUIPMENT. Lessee will pay to Lessor as rent for the use of each item
of the Equipment, an amount equal to the Base Rent set forth on SCHEDULE A
hereto, which shall be payable upon execution of this Lease or otherwise as the
parties shall agree. Additionally, if any item of the Equipment is operated by Lessee
more than the average "DAILY ALLOWED HOURS", during the term, Lessee shall pay
Lessor, at the end of the term, an amount equal to the Excess Use Charge for such
item of Equipment, as set forth on SCHEDULE A. For each item of the Equipment,