- The Customer hereby acknowledges that the Equipment has been inspected, is in good operating condition, is fit for the intended purpose and is in all respects as represented.
- The Customer shall have no right, title or interest in the Equipment which shall at all times remain with Eb's. In the event the Customer fails to return the Equipment on the Return Date or fails to abide by any other term of this Agreement, Eb's may repossess the Equipment without notice to the Customer and Eb's is released from all claims arising there from.
- The Customer shall use the Equipment only for its intended purpose and operate the Equipment carefully and in compliance with manufacture's recommendations and applicable laws and regulations, by competent duly qualified personnel. The Customer shall at its own cost and expenses keep the Equipment in good repair, condition and in working order.
- The Customer agrees not to sell, assign, sublet, pledge, hypothecate, or otherwise encumber or suffer a lien upon or against an interest in this Agreement of the Equipment.
- The Customer shall return the Equipment to Eb's on the Return Date at its own risk and expense, in the same condition as when delivered. Eb's shall inspect the Equipment on return and shall at its sole and exclusive discretion apply all or part of the damage deposit towards the cost of remedying any uncleanliness, defect or damage to the Equipment on return to Eb's. The Customer agrees to indemnify Eb's for any damages, costs and expenses resulting from Equipment being returned after the Return Date.
- The Equipment shall be at the risk of the Customer. Eb's expressly disclaims any duty as an insurer of the Equipment herein and the Customer shall pay for all costs of repairs and parts or replacement of the Equipment deemed necessary, by specifically, but not limited to, loss or damage through accident, abuse, misuse, theft, fire, water, casualty, natural force or any other negligent act that the Customer or Customer's Agents.
- The Customer freely and voluntarily assumes all of the risks and hazards associated with use of the Equipment and does hereby release Eb's, its Directors, Employees, Representatives and Agents from all liability and does hereby waive as against Eb's its Directors, Employees, Representatives and Agents from all recourses, claims, causes of action of any kind whatsoever in respect of all personal injuries or property losses which the Customer may suffer arising out of or in connection with use of the Equipment, notwithstanding that such injuries or losses have been caused solely or partly by the negligence of Eb's of any of its Officers, Directors, Employees, Volunteers, Agents and Representatives.
