Imagens das páginas
PDF
ePub

GENERAL CONDITIONS OF LEASE

The conditions of lease here below stated, together with the Agreement set forth on the reverse side of this sheet, constitute between the parties therein named a contract which is hereafter referred to as this Agreement.

1. THE RENTAL PERIOD. The Rental Period shall begin on and include the date of either legal delivery of the equipment to the Lessee or his agent, or legal delivery to a public carrier for transit to the Lessee; and shall end on and include the date of either legal delivery of the equipment to the Lessor, another lessee or an agent of either, or legal delivery to a public carrier for transit to the Lessor or another lessee.

2. DETERMINATION OF RENTAL CHARGES. The Lessee shall pay rental for the entire Rental Period on each article of equipment named in the List of Equipment, at the rate therein stipulated and in accordance with the following:

(a) Monthly Rental Rates shall not be subject to any deductions on account of any nonworking time in the month, but the amount of rent payable for any fraction of a month at the beginning or end of the Rental Period shall be the monthly rental rate, prorated according to the number of calendar days in such fraction.

(b) Daily Rental Rates shall not be subject to deductions for any non-working time in the day and shall be paid for each calendar day in the month except Sundays and legal holidays upon which the equipment is not operated.

Daily and monthly rental rates stipulated in the List of Equipment contemplate an operating day of ten (10) hours, and for each hour over ten that the equipment is regularly operated these rates shall be increased four (4) per cent throughout such period as the equipment is so operated.

(c) Unit of Work Rates shall be paid for each unit of work in which the equipment participates, and the amount of rental shall, unless otherwise agreed in writing, be determined by the number of units shown in the supervising engineer's or architect's estimates.

3. PAYMENT. The Lessee shall pay to the Lessor as the minimum amount due under this Agreement, two (2) per cent of the value as shown under List of Equipment of each article of equipment, and shall pay as the minimum rental on each such article, loaded for transit to the Lessee, four (4) per cent of such value.

The amount of rental accruing each month shall be paid on or before the fifteenth of the following month at the office of the Lessor or such other place as may be mutually agreed upon.

Deferred payments shall bear interest at seven (7) per cent, but the payment of this interest shall not waive the Lessor's right as hereinafter stipulated to terminate this Agreement.

4. LOADING, UNLOADING AND TRANSPORTATION. The Lessor, at his own expense, shall load the equipment for transit to the Lessee and upon its return unload it, and shall pay all demurrage charges accruing at his own shipping or receiving point. The Lessee, at his own expense, shall do all other loading, unloading, installing, dismantling, and hauling, and shall pay all demurrage accruing at his own shipping or receiving point, and all freight and switching charges.

The Lessor may ship the equipment in accordance with his own judgment if shipping instructions are not furnished within seven (7) days from date of this Agreement. 5. RECALLING AND RETURNING EQUIPMENT. The Lessor may recall any or all equipment upon thirty (30) days' written notice to the Lessee and the Lessee may return any or all equipment upon a like notice to the Lessor.

6. MAINTENANCE AND OPERATION. The Lessee shall not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless or needlessly rough usage; and he shall at his own expense maintain the equipment and its appurtenances in good repair and operative condition, and in such condition return it to the Lessor.

7. SUPPLYING OPERATORS. Unless otherwise mutually agreed in writing the Lessee shall supply and pay all operators employed on the equipment during the Rental Period, and shall employ none thereon who are incompetent to perform their respective duties. Should the Lessor, by agreement, furnish any operators, each shall receive from the Lessee such traveling expenses, board, lodging, and wages as the Lessee and the Lessor may agree upon in writing.

8. DAMAGE TO EQUIPMENT. The Lessee shall indemnify the Lessor against all loss and damage to equipment during the Rental Period and the appraisal of any such loss or damage shall be based on the equipment values shown by the List of Equipment. Any shortage or damage claim of either party shall be made known to the other party within seven (7) days after receipt of equipment, or such claim shall be void.

9. REPAIRS. The Lessee shall pay the cost of rerolling old boiler tubes and of all other repairs and renewals, except that if, in any calendar month, more than seven (7) per cent of the total number of such tubes should, under reasonable care, require replace

ment, the direct labor and material cost thereof over and above that of the seven per cent shall be borne by the Lessor.

10. LIABILITY OF LESSEE. The Lessee shall indemnify the Lessor against all loss, damage, expense and penalty arising from any action on account of personal injury or damage to property occasioned by the operation, handling or transportation of any equipment during the Rental Period.

II. INSPECTION. Before the equipment is loaded for transit to the Lessee, he may require an inspection thereof by proper authorities, and if the equipment is not in substantially the condition required by this Agreement the cost of inspection shall be paid by the Lessor.

The Lessor shall have the right at any time to enter the premises occupied by the equipment and shall be given free access thereto and afforded necessary facilities for the purpose of inspection.

12. TITLE. Title to the equipment shall at all times vest in the Lessor unless transferred to the Lessee through sale. The Lessee shall give the Lessor immediate notice in case any equipment is levied upon or from any cause becomes liable to seizure.

13. TERMINATION OF AGREEMENT. Should the Lessee defer any payment more than thirty (30) days, or become bankrupt, or fail to maintain and operate or to return the equipment as provided by this Agreement, or substantially violate any provision thereof. the Lessor may, after three days' notice, terminate this Agreement, take possession of the equipment without becoming liable for trespass, and recover all rental due, full damages for any injury to, and all expense incurred in returning the equipment.

Should the Lessor fail to ship the equipment in substantially the condition stipulated by this Agreement, or within ten (10) days from date thereof, or substantially violate any provision thereof, the Lessee may, upon three (3) days' notice, terminate this Agreement, recover all sums paid the Lessor, and in case of shipment not in operative condition as specified may return the equipment at the Lessor's expense.

14. INSURANCE. The Lessee shall, at his own expense, maintain fire and other insurance, if requested by the Lessor.

15. BOND. The Lessee shall, if requested by the Lessor, furnish a bond in amount of the value of the equipment as shown by the List of Equipment, and with sureties satisfactory to the Lessor, to insure fulfillment of this Agreement.

16. SUB-LETTING. No equipment shall be sub-let by the Lessee, nor shall he assign or transfer any interests in this Agreement without written consent of the Lessor.

17. PURCHASE OF EQUIPMENT. Should the total continuous rental paid by the Lessee for any units of equipment amount to one hundred and fifty per cent (150%) of the value thereof as shown by the List of Equipment, no further rental shall be paid on such units and the title thereof shall vest in the Lessee, and he shall have the right at any time upon thirty (30) days' notice to purchase any equipment by paying the difference between the total continuous rental already paid and one hundred and fifty per cent (150%) of the value-payment of such difference to be made upon such terms as the two parties may decide.

PREPARED UNDER THE DIRECTION OF THE COMMITTEE ON METHODS, ASSOCIATED GENERAL CONTRACTORS OF AMERICA

A. P. GREENSFELDER, CHAIRMAN; WARD P. CHRISTIE, RESEARCH ENGINEER

Form J. Unconditional Surety Bond Subcontractor to Contractor

THAT.

KNOW ALL MEN BY THESE PRESENTS

.hereinafter called the Principal, and

UNITED STATES FIDELITY AND GUARANTY COMPANY

hereinafter called the Surety, having an office at No. 75 William Street, New York, are held and firmly bound unto...

a corporation organized under the Laws of. the State of.

hereinafter called the Contractor, in the full sum of..

..Dollars,

lawful money of the United States of America, to the payment of which said sum of money, well and truly to be made, the said Principal binds said Principal, and the heirs, successors, executors and administrators of said Principal, and the said Surety binds said Surety and the heirs, successors, executors, administrators and assigns of said Surety, jointly and severally, firmly by these presents,

Signed and sealed this..

.day of..

19...

THE CONDITION of the foregoing obligation is such that if the said Principal shall conform and comply with all the terms and covenants of a certain contract between said Principal and said contractor dated..

.19..., relating to...

on the part of said Principal to be performed and complied with, according to the tenor of said contract, then this obligation to be null and void, otherwise to be and remain in full force and effect.

IN WITNESS WHEREOF, the said Principal and Surety have caused these presents to be signed and their seals to be hereunto affixed, the day and year first above written.

[blocks in formation]
[blocks in formation]
[blocks in formation]
« AnteriorContinuar »