Equipment Rental Agreement

This Equipment Rental Agreement ("Agreement") is entered into between MTSRE LLC ("MTSRE", "we", "us", or "our") and the customer identified in the applicable booking or quote ("you" or the "Renter"). It sets out the terms that apply whenever you rent equipment from MTSRE, in addition to our Terms of Service. In the event of a conflict specific to a rental, this Agreement governs that rental.

1. Definitions

• "Equipment" means any machine, vehicle, tool, accessory, or ancillary item that MTSRE rents to you, together with anything supplied for its safe operation and routine inspection.
• "Rental Period" means the time from when the Equipment leaves our control until it is returned and accepted in the condition required by this Agreement.
• "Booking" means the written confirmation issued by MTSRE describing the Equipment, dates, location, fees, and charges for a specific rental.

2. Rental and ownership

MTSRE rents the Equipment to you for the Rental Period only. You do not acquire any title to, or ownership of, the Equipment. You may not sell, sublease, assign, pledge, lend, or otherwise transfer the Equipment or any interest in it without our prior written consent.

3. Acceptance of condition

You are responsible for inspecting the Equipment at pickup or delivery and confirming it is in good operating condition. By accepting the Equipment you confirm that it is suitable for your purpose, unless you notify us in writing of any defect before use. If a defect appears later, you must stop using the Equipment and notify us promptly.

4. Use of the Equipment

You agree to:

• Use the Equipment only for its intended purpose, in accordance with the manufacturer's operating manual and all applicable laws and regulations.
• Not operate the Equipment if you, or anyone you allow to operate it, is untrained, unqualified, or impaired.
• Keep the Equipment at the agreed location and use and site, and not move it elsewhere without our prior consent.
• Allow only properly licensed and authorized operators to use the Equipment.
• Perform routine checks and maintenance only as permitted, and not modify the Equipment.

5. Care, loss, and damage

You are responsible for the Equipment throughout the Rental Period. You agree to:

• Keep the Equipment secure and protected from theft, vandalism, weather, and misuse.
• Pay the full replacement cost for any Equipment that is lost, stolen, or destroyed.
• Pay reasonable repair costs for any damage beyond normal wear, together with any loss-of-use charges during repair or replacement.
• Cover fuel, fluids, and cleaning. Equipment must be returned with fuel at the agreed level; otherwise refueling charges apply.

6. Return of the Equipment

You must return the Equipment to MTSRE at the time and place agreed in the Booking, in the same condition as received (reasonable wear excepted), clean and ready for the next renter. If you return the Equipment late, daily rental charges continue to accrue until the Equipment is back in our control. We may recover the Equipment at your expense if it is not returned on time.

7. Fees, deposits, and payment

• You agree to pay all fees and charges set out in the Booking, including rental fees, delivery and pickup, fuel, cleaning, damage, and late-return charges, plus applicable taxes.
• We may require a security or damage deposit at the time of rental. After return and inspection, the deposit is refunded less any amounts owed under this Agreement.
• All amounts are due per the payment terms in the Booking. Past-due amounts may accrue interest at the maximum rate permitted by law.

8. Insurance

Unless we expressly waive it, you must maintain insurance for the full Rental Period covering, at minimum: general liability, auto liability (as applicable), and physical damage to rented equipment. You must name MTSRE LLC as an additional insured, provide certificates on request, and ensure that coverage responds before any claim is made against MTSRE.

9. Maintenance and repairs

You may perform only routine maintenance permitted by the manufacturer. For any other repair, you must obtain our prior written authorization. Unauthorized repairs may be reversed at your expense. Keep records of all inspections, services, and incidents and make them available to us on request.

10. Indemnification

You agree to indemnify, defend, and hold MTSRE and its affiliates, officers, employees, and agents harmless from any claims, damages, losses, fines, and expenses (including reasonable legal fees) arising from your possession, use, or return of the Equipment, your breach of this Agreement, or any injury to persons or property occurring during the Rental Period.

11. Limited warranty and disclaimer

MTSRE warrants that the Equipment is in good operating condition at the start of the Rental Period, subject to any defects you notified us of before use. To the fullest extent permitted by law, all other warranties — express or implied, including merchantability and fitness for a particular purpose — are disclaimed. We are not liable for downtime, lost profits, or consequential damages arising from the Equipment or its operation.

12. Default and remedies

You are in default if you fail to pay when due, misuse or fail to return the Equipment, breach any term of this Agreement, become insolvent, or attempt to transfer the Equipment without consent. On default, we may: terminate the rental; repossess the Equipment at your expense; retain deposits; and pursue any other remedy available at law or in equity.

13. Termination

We may terminate this Agreement on reasonable notice, or immediately on default, safety grounds, or fraud. On termination you must return the Equipment immediately and pay all amounts owed. Sections that by their nature survive (including payment, liability, and indemnification) continue after termination.

14. Changes to this Agreement

We may update this Agreement from time to time. For a specific rental, the version in effect at the time of your Booking applies unless we and you agree otherwise in writing.

15. Governing law

This Agreement is governed by the laws applicable to the jurisdiction in which MTSRE LLC is formed and operates, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the courts in that jurisdiction.

16. Entire agreement

This Agreement, together with your Booking and our Terms of Service, is the entire agreement between you and MTSRE regarding the rental of the Equipment and supersedes any prior understanding. If any provision is found unenforceable, the remaining provisions continue in full force.