KHE Inc. Equipment Delivery Terms & Conditions 

Effective Date: October 1^st 2024

K Hanrahan Enterprises Inc.

20-21 Wagaraw Rd #36. Fair Lawn, NJ 07410

1. Agreement Overview
   By renting equipment from K Hanrahan Enterprises Inc. (“the Company”), the renter (“the Renter”) acknowledges and agrees to comply with these Terms and Conditions. This agreement forms a legally binding contract between the parties.
2. Non-Transferability

• The Renter shall not sublease, transfer, assign, or otherwise dispose of this agreement or any interest in the equipment without the prior written consent of the Company.
• Unauthorized transfers may result in immediate liability for any damages incurred by the Company and may be deemed a default of this agreement.

3. Equipment Condition and Acceptance

• The Renter accepts the equipment in its current “as is” condition, acknowledging that the Company makes no warranties, express or implied, regarding its condition, suitability, or fitness for a particular purpose.
• The Renter is responsible for conducting a thorough inspection of the equipment before use and agrees to report any discrepancies immediately.

4. Indemnification

• The Renter agrees to indemnify, defend, and hold harmless K Hanrahan Enterprises Inc., its officers, agents, and employees from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from the Renter’s possession, use, or return of the equipment.
• This indemnification obligation shall survive the termination of this agreement.

5. Rental Fees and Security Deposit

• Rental fees, as specified herein, are due in full upon execution of this agreement.
• A security deposit may be required, to be held by the Company as security for the Renter’s performance. This deposit will be refunded only upon satisfactory return of the equipment, less any deductions for damage or unpaid fees.
• Early returns do not warrant a refund of rental fees.

6. Use of Equipment
   The Renter agrees that the equipment shall not be used:

• For any illegal activities or purposes.
• When unsafe, damaged, or malfunctioning.
• By anyone other than authorized personnel without prior written consent from the Company.
• In any improper or negligent manner.
• Without a trained operator if required.
• Outside the agreed job site, except with prior written consent from the Company.

7. Ownership and Liens

• The equipment remains the exclusive property of K Hanrahan Enterprises Inc. The Renter shall not sell, encumber, or subject the equipment to any liens.
• The Renter shall promptly pay any amounts necessary to release liens against the equipment during the rental period.

8. Maintenance and Return Obligations

• The Renter agrees to maintain the equipment in good working condition and to adhere to any maintenance instructions provided by the Company.
• Upon termination of the rental period, the Renter shall return the equipment in the same condition as received, normal wear and tear excepted. A cleaning fee may be applied for equipment returned unclean.

9. Default and Remedies

• An event of default occurs if:
  • The Renter fails to make any payment when due.
  • The Renter breaches any terms or conditions of this agreement.
  • Any representation made by the Renter is found to be inaccurate or untrue.
  • The Renter becomes insolvent or files for bankruptcy.
• Upon default, the Company may exercise any or all the following remedies:
  • Immediately reclaim possession of the equipment without notice or legal process.
  • Terminate this agreement.
  • Pursue any other rights or remedies available under law.

10. Limitation of Liability

• The Company’s liability for any claims arising from this agreement shall be limited to the total rental fee paid for the specific equipment involved in the claim.
• In no event shall the Company be liable for any indirect, consequential, or special damages, including but not limited to lost profits or revenue.

11. Damage Protection

• The Company offers Damage Protection at an additional fee of 19% of the total rental fee. This service covers repair or replacement costs for damages incurred during normal use.
• Damage Protection does not cover damages resulting from neglect, misuse, or theft.

12. Entire Agreement

• This document constitutes the entire agreement between the Renter and K Hanrahan Enterprises Inc., superseding all prior agreements or understandings, whether written or oral.
• Any modifications must be in writing and signed by both parties.

13. Governing Law and Jurisdiction

• This agreement shall be governed by the laws of the State of New Jersey.
• The Renter consents to the exclusive jurisdiction of the state and federal courts located in Passaic County NJ for the resolution of any disputes arising under this agreement.

14. Acknowledgment

• The Renter acknowledges that they have read, understood, and agree to these Terms and Conditions in their entirety and that they possess the authority to enter into this agreement.