1. The RENTER shall keep and maintain the rented trailer during the terms of the rental period at customers own cost and expense. Customer shall keep the trailer in a good state of repair during the rental period.
2. The RENTER shall pay the OWNER full compensation for full replacement of any trailer which is not returned because it is lost or stolen and/or repair including parts & labor, of any trailer which is damaged and in need of repair to put it into the same condition it was in at the time of rental. The OWNER's invoice for replacement or repair is conclusive as to the amount RENTER shall pay under this paragraph for repair or replacement.
3. The RENTER shall inform the OWNER upon demand, of the exact location of the trailer at any time while it is in the RENTERS's possession. Trailers are not to be taken outside the State of South Carolina without prior WRITTEN consent from Palmetto Xpress, LLC (the "Owner"
4. The trailer shall be delivered to RENTER and returned to OWNER at the RENTER's risk, cost and expense. If a periodic rental rate is charged by OWNER, rental charges are billed to the RENTER for each period or portions of the period from the time the trailer is delivered to RENTER until its return. If a term rental rate is charged by OWNER, rental charges are billed to the RENTER for the full term even if the trailer is returned before the end of the term. If the trailer is not returned during or at the end of the term, then the rental charges shall continue a full-term basis for any additional term or portion thereof until the trailer is returned.
5. No allowance will be made for any rented trailer or portion thereof which is claimed not to have been used. Acceptance of returned trailer by OWNER does not constitute a waiver of any of the rights OWNER has under the rental agreement.
6. If the RENTER is in default of any of the terms and conditions of this agreement, the OWNER, and his agents, at the RENTER's risk, cost and expense may at any time enter the RENTER's premises where the rented trailer is stored or used at all time and recover the rented trailer.
7. The RENTER shall not pledge or encumber the rented trailer in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments when due, or upon RENTER's filling for protection from creditors in any court of competent jurisdiction.
8. The OWNER makes no warranty of any kind regarding the rented trailer, except that OWNER shall replace the trailer with identical or similar trailer if the trailer fails to operate in accordance with the manufacturer's specifications and operation instructions. Such replacement shall be made as soon as practicable after RENTER returns the non-conforming trailer.
9. RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
10. The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by OWNER in protection its rights under this rental agreement and for any action taken OWNER to collect any amounts due the OWNER under this rental agreement.