Rental Agreement

1) Rental Agreement: The following terms and conditions, your signed rental agreement, and the return record with computed rental charges together constitute the rental agreement between you and Medical Supplies and Services, Inc. Your use of any equipment constitutes your acceptance of the terms herein, along with your acknowledgment of your responsibility to utilize the equipment in the manner intended and within the guidelines specified by the manufacturer. You also understand it is solely your responsibility to be familiar with the operation of the equipment, including any risks and dangers of its use and operation, and further you assume the risk of using the equipment. This rental agreement shall control any disputes between you and Medical Supplies and Services, Inc. and the laws of state of Illinois shall control where the rental agreement is silent or superseded by applicable statute.

2) Return of Equipment: You agree to return the equipment, within the rental period, to the agreed return location specified in the rental agreement. You are responsible for the costs of returning the equipment. A rate change or special charges will apply if returned to a different location or returned late. IF THE RENTED EQUIPMENT IS NOT RETURNED WITHIN 30 CALENDAR DAYS OF THE RENTAL PERIOD, SUBJECT TO ANY AGREED UPON EXTENSIONS OF SUCH RENTAL PERIOD, YOU WILL BE RESPONSIBLE FOR THE FULL REPLACEMENT COST OF THE EQUIPMENT.

3) Loss/Damage of Equipment: You are solely responsible for any and all loss or damage to our equipment, regardless of fault. In addition, you are solely responsible for any loss or damage to others or other property by your negligent, illegal or otherwise improper use of our equipment. Your responsibility can only be subrogated once full payment is made by a third-party on your behalf, for example your insurance company.

4) Prohibited Use of Equipment: You hereby acknowledge that you have been properly instructed on the use of the rental equipment. You agree that you will not use or permit the use of the rental equipment in a manner inconsistent with its intended use. You also agree that it is solely your responsibility to be familiar with the operation of the equipment as to properly use the equipment at all times. Any improper, dangerous or illegal use of the equipment immediately terminates your rental period and you shall be responsible for any costs associated with your use of the equipment, including but not limited to payment of the remainder of the rental charges, payment of any fines or penalties assessed to you or Medical Supplies and Services, Inc. while the equipment remains in your possession and other costs necessary to ensure Medical Supplies and Services, Inc. is not damaged by your violation of this rental agreement.

5) Indemnification: You hereby agree to indemnify Medical Supplies and Services, Inc. for any loss, liability and/or costs incurred from your violation of this rental agreement. In further consideration of your use of the rental equipment, I accept full responsibility for bodily injury, property damage, death, medical and other financial loss and other consequential losses incurred as a result of my use and possession of the rental equipment to you or others. You also agree to hold harmless Medical Supplies and Services, Inc. for my use of this equipment in violation of the rental agreement and do hereby release and discharge Medical Supplies and Services, Inc., and its respective employees, agents, officers and owners of and from any and all claims, demands, actions and causes of action associated with your use and possession of the equipment. I further agree to indemnify Medical Supplies and Services, Inc. for any and all costs, including reasonable attorney's fees, incurred in defending against any claims brought against Medical Supplies and Services, Inc. for your use and possession of the rental property at any time.

6) Use of Equipment: Only the persons named above may use the equipment. I have read the rules, made a part of this rental agreement, and agree to abide by these rules.

7) Repossessing the Equipment: You hereby authorize Medical Supplies and Services, Inc. to repossess the equipment if it is discovered to have been used in violation of the law or the terms of this rental agreement; or if it appears to be abandoned. Additionally, you acknowledge that any misrepresentation you have made on this rental agreement shall void the agreement immediately and Medical Supplies and Services, Inc. may repossess the equipment immediately. In the event
Medical Supplies and Services, Inc. is required to repossess the rental equipment, you will be responsible for any remaining rental period costs, costs and expenses for Medical Supplies and Services, Inc. to repossess the equipment and other costs incurred by Medical Supplies and Services, Inc. for its enforcement of this rental agreement.

8) Payment of Rental Charges: All charges, fees, and expenses, including payment for loss of or damage to the equipment, are due on demand. If you fail to pay all charges when due, you will be assessed a late charge of 50% of the agreed rental rate, payable in addition to the original rental rate. If you fail to make timely payments and my account is past due for more than 30 days, you agree to pay for any collection cost, including but not limited to reasonable attorney’s fees. Any payment by check which is not honored by your financial institution shall be assessed a service charge and such amount shall be added to your account.

9) Charge Card Reserve/Hold: You hereby authorize Medical Supplies and Services, Inc., during the duration of the rental period, which shall only end upon the return of the rental equipment and full payment of your account, to retain my credit information and make a charge against such if my account is not in good standing (equipment not returned within rental period, account past due, etc.…).

10) Personal Property: Medical Supplies and Services, Inc. shall not be responsible for loss or damage to any personal property left with the rental equipment nor shall be responsible for loss or damage at any delivery site.

11) Late Charges: You hereby acknowledge it is your responsibility to contact Medical Supplies and Services, Inc. at least 48 hours prior to the end of the rental period to request any extension of the rental period or to schedule delivery/pickup of the rental equipment. Failure to do so shall make you responsible for any and all late charges incurred as a result of delay in the return of the rental equipment to Medical Supplies and Services, Inc.. Late charges per day will be based on the daily rental rate of the rental equipment.