Loading...
HomeMy WebLinkAbout20171274.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: ((We ofdoamrnl /issue to be detvese) Equipment leave with 4 Riven Equipment DEPARTMENT: Public Works DATE: 4/24/2017 PERSON REQUESTING: Jerry Joseph Brief description of the problem/issue: The mining division is in need of a 40 ton articulated haul truck to move material at the Pierce, Peters and Hokestra Pits. Four quotes were received the lowest monthly cost was from 4 Rivers Equipment for $9,500/month based on 200 hours/month for a total of $66,500 for seven months. There was $69,000 approved in the 2017 budget for this lease based on the previous lease of $11,500/month. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) A) The board can approve the month to month contract. B) The board can deny the month to month contract. Recommendation: The Public Works Department recommends option A. Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro -Tern (-'7 Approve Schedule Recommendation Work Session Other/Comments; ec•c}x&.e- (P14) 2017-1274 EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE CONTRACT NUMBER 131143 LESSEE NAME WELD COUNTY CUSTOMER NO 10905 STREET ADDRESS 1111 HILL STREET DATE 4/21/2017 GOVT BID NUMBER DEA! FR ACCOUNT NUMBER 7478 CITY STATE ZIP CODE GREELEY CO 80831 LESSOR NAME & ADDRESS FORT COLLINS-4 RIVERS EQUIPMENT 125 JOHN DEERE DR FORT COLONS CO 80524 9704827154 TELEPHONE 970-3584000 NAME OF CONTACT JERRYJOSEPH PHONES PURCHASE ORDER NO TBD PURCHASER TYPE: MARKET USE EQUIPMENT WILL (County) (City) (State) BE USED AT WELD GREELEY CO COUNTY CODE CO123 RerMafsarBrayableInAdVance ofUsaof quipment RENTAL TERM Begin Date: 4/24/2917 End Date: 5/21/2017 RENTAL IS: $9,500.00 Hour Day Week 4 Week Per D 0 0 MINIMUM RENTAL GUARANTEED BY LESSEE $0.00 ADDITIONAL CHARGES (Specify) $0.00 2% SMM or 2% DRACSMAA Rental Unit Make Model DESCRIPTION OF RENTAL EQUIPMENT` Model Name Eq ID PIN No EL TG 92377 Contract Notes S/N: 1 DW410ETJEE859863 MODEL YEAR: 2014 RENTAL RATE BASED ON 200HRAlAONTH USAGE START DATE SUBJECT TO CHANGE John Deere 410E 869883 Meter Reading Present Value IDW410ETJEE6598 3124 $362500.00 Total Present Value 5'+42,500.00 Lessor hereby leases to lessee the equipment identified above ("Equipment" for the teen and with the rental payments set out above. Rental payments shall be made to Lessor at the address shown above, subject to the provisions of paragraph 4 on the reverse side hereof. The Equipment will be transported to and from Lessors place of business during the rental term at Lessee's expense. Lessee also agrees to pay any additional charges noted above upon or before receiving the Equipment from the Lessor. his contemplated that the Equipment will be operated for not more than: NO. OF HOURS IN ANY ONE DAY 8 NO. OF HOURS IN ANY ONE WEEK 40 NO. OF HOURS IN ANY 4 WEEKS 160 Lessee agrees to pay additional rental prorated at the applicable daily, weekly or 4 week rate for each hour the Equipment is used in excess of such time. The additional rent for excess hours of use will be paid at the time the Equipment is returned or, if the Equipment la leased for more than thirty days, on the first day of the month following such use. If an hour meter Is furnished, (1) Lessee agrees to keep it connected to the Equipment and in good working condition at all times, and (2) It vnll be used as the conclusive measure tithe number of hours of operation. if Lessee fails to return the Equipment by the end of the rental term, Lessee will pay additional rental, prorated at one and one-half times the normal rental, for each day that the Equipment remains unretumed. Lessee assumes all risks and liability for and agrees to told Lessor and Its assign harmless from all personal injuries and death, property damage, suts, claims (including third party claimms),loso>,expenses, rte, and attorney fees, arising from or in connection with the Lessee's use, possession, enbusbnent to others, or transportation of the Equipment Lessee. at Lessee's expense, will tarty general liability insurance with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate, unless greater liability Amite are specified below. PER OCCURRENCE LIMIT PER AGGREGATE OMIT I $0.00 $0.00 Lessee agrees to furnish a certificate of insurance to Lessors satisfaction evidencing Lessee's compliance with the foregoing requirement and name tie Lessor as an additional insured on the Lessee's general liability policy upon demand by Lessor. ORIGINAL 02O/ 7, /02 7 4 Lessee shall indemnity Lessor against all loss or damage to the Equipment while it is out of Lessors possession. The amount of any such loss or damage will be based on the value shown above. Damage to the Equipment, other than a total loss. will not abate or excuse the making of presorted rental payments. Lessee agrees to use and care for the Equipment in a careful and prudent manner. Lessee agrees to pay all operating and maintenance expenses while the Equipment is out of the Lessors possession, and to make or secure any needed repairs. All repairs shall be at Lessee's expense, except to the extent that Lessor performs repairs and obtains compensation for doing so from the manufacturer. To the extent permitted by law, neither Lessor, its assigns, the wholesale distributor or manufacturer makes any representation or promise as to the quality, performance or freedom from defect of the Equipment, and NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE Neither Lessor, its assigns, the wholesale dreotbutor or manufacturer will be liable for any Incidental or consequential damages which may result from the use, performance or failure of the Equipment Lessee acknowledges that the Equipment is of a size, design and capacity selected by Lessee and that Lessee is satisfied that the Equipment is suitable for Lessee's purposes. Lessee will return the Equipment to Lessor in as good condition as received, reasonable weer end tear excepted, by the end of the rental term. If the Equipment is not in such good condition upon its return to Lessor and Lessor elects to repair it, Lessee will pay for such repairs at Lessors regular shop rates. Lessor may, at Lessors option, replace the Equipment with a similar machine at any time during the rental term. Lessor will notify Lessee if Lessor intends to exercise this option, and Lessee will have three (3) business days following such notice in which to exercise the purchase option provided below or return the Equipment to Lessor. Upon return of the Equipment to Lessor, the rental tern hereunder shall terminate, and the parties will enter into a new original Rental Agreement covering the replacement machine. Such new Rental Agreement shall exten& at a minimum, for the remainder of this Rental Agreement's rental term and have a rental rate no greater than the rate for rental of the Equipment hereunder. Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for the "Ibtal Present Value" specified on this Rental Agreement, and may apply to such purchase price' 0 I % of all rentals previously paid. An election to purchase will be evidenced by execution of a purchase order form supplied by Lessor. THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF/THE TERMS AND CONDITIONS SET OUT BELOW. LESSEE (Customer) - All new equipment rented hereunder was received with Operator's Manuals, and operation and servicing have been explained to me. SIGNATURE MAY 082011 Steve Moreno, Pro-Tem DATE Board of Weld County Commissioners LESSOR (Dealer) - The equipment rented hereunder was set up, Inspected and, if new, adjusted according to factory recommendations before delivery Operation and servicing have been explained to the Lessee. SIGNATURE DATE RENTAL AGREEMENT t. Addition of rise Lessee will not without Lessors written consent, Install any accessories or devices on the Equipment if such installation will impair the originally intended function or use of the Equipment All accessories or devices affixed to the Equipment will become the property of Lessor unless such accessory or device can be removed without In any way affecting the originally intended function or use of the Equipment Any damage to the Equipment caused by the removal of such accessories or devices will be repaired at Lessee's expense. 2. Compliance with Regulations Lessee will comply with all laws and regulations relating to ownership, possession, use or maintenance of the Equipment Inspection Less ee e l whenever requested, advise Lessor of the exact location of the Equipment. Lessor and its representatives may, for the purpose of inspection, enter upon any job, building or place where the Equipment Is located at any reasonable time. Lessor may remove the Equipment without notice to Lessee it, in the opinion of the Lessor, it is being used beyond its capacity or in any other manner improperly cared for orabused. 4. nment Lessee agrees that Lessor may assign this Rental Agreement and all right, title and interest of Lessor in and to the Equipment, and all sums due or to become due to Lessor hereunder (of which assignment Lessee hereby waives notice), and Lessee agrees to recognize such assignment Lessee's obligation to pay rent under this Rental Agreement will not as to any such assignee be subject to any diminution arising out of any breach of any obligation hereunder or other liability of Lessor to Lessee. Lessee may not assign this Rental Agitation ht Lessee further agrees to make rental payments directly to John Deere Construction Equipment Company ("Deere'), if Deere becomes Lessors assignee, upon and following receipt from Deere of hereunder. dente of assignment end a written request to do so, and Lessor agrees to recognize any payment so made as satisfaction of Lessee's obligation to mane that payment 8. Default If Lessee fails to make any rental payment when due, attempts to sell or encumber the Equipment, ceases operating, Institutes or has instituted against It proceedings under a bankruptcy or insolvency law, makes an assignment for the benefit of creditors or fails to complywith any other provision of this Rental Agreement, or if any attachment, execution, n writ or process is levied against the Equipment or any of Lessee's property, or if for any reason Lessor deems itself insecure or the Equipment unsafe, Lessor may terminate the rental term hereunder by giving Lessee written notice thereof, in which event Lessee will deliver the Equipment to Lessor on demand, and Lessor may enter upon any job, building or place where the Equipment is located and take possession of it without notice to Lessee. In the event of such termination, Lessee agrees to pay all guaranteed rentals and all other rentals due, damages for any injury to the Equipment, legal expenses, costs of removal of the Equipment from the possession of Lessee, and all freight storage, transportation and other charges incurred in such removal and return to Lessor at its place of business. The parties further agree that Deere, if Deere becomes Lessor's assignee, also may terminate the rents) term hereunder and take possession of the Equipment upon any of the events specified above, including without limitation Deere's determination that its interest is insecure or the Equipment Is unsafe, regardless of whether Lessor concurs in Deere's judgment or desires to terminate the rental term. The parties further agree that in the event Deere elects to terminate the rental tens, Lessee shall pay to Deere all rentals due, damages for any injury to the Equipment, legal expenses, and costs or removal of the Equipment from the possession of Lessee. 6. Construction This is an agreement for rental only. Nothing herein will be construed as conveying to Lessee any right, tie or interest in or to the Equipment, except as a lessee. 7. Guaranteed Rental - Return of Equipment Provided the guaranteed rental set ffoodNht on the reverse side is or has been paid, Lessee may return the Equipment and terminate the rental tans hereunder on three days notice to Lessor. 8. General Time is of the essence of this Rental agreement Lessors failure at any time to require strict performance by Lessee of any provision of this Rental Agreement wig not waive or diminish Lessor's right thereafter to demand strict compliance with that or any other provision. Waiver by Lessor of any default will not waive any other default This Rental Agreement may not be modified except by a written revision signed by the parties hereto. Lessee acknowledges receipt of a signed copy of this Agreement 020/7 /it 747t EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE CONTRACT NUMBER 131353 LESSEE NAME WELD COUNTY CUSTOMER NO 10905 STREET ADDRESS 1111 HILL STREET DATE 5/15/2017 GOVT BID NUMBER DEALER ACCOUNT NUMBER 7476 CITY STATE ZIP CODE GREELEY CO 80631 LESSOR NAME & ADDRESS FORT COLLINS-4 RIVERS EQUIPMENT 125 JOHN DEERE DR FORT COLLINS CO 80524 9704827154 TELEPHONE 970-356-4000 NAME OF CONTACT JERRY PHONE # PURCHASE ORDER NO JERRY JOSEPH PURCHASER TYPE: MARKET USE: EQUIPMENT WILL (County) (City) (State) BE USED AT WELD CO COUNTY CODE CO123 Rentals are Payable in Advance of Use of Equipment RENTAL TERM Begin Date: 5/15/2017 End Date: 6/11/2017 RENTAL IS: 1_ $9,500.00 Per Hour Day Week 4 Week MINIMUM RENTAL GUARANTEED BY LESSEE I ADDITIONAL CHARGES (Specify) $0.00 ✓ $0.00 2% SMM or 2% DRACSMM DESCRIPTION OF RENTAL EQUIPMENT Rental Unit Make Model Model Name EgID PIN No Meter Reading Present Value 92377 Contract Notes John Deere 410E BL TG 659863 1 DW410ETJEE6598 3131 $362500.00 Total Present Value $362,500.00 S/N: 1 DW410ETJEE659863 MODEL YEAR: 2014 RENTAL RATE BASED ON 200HR/MONTH USAGE Lessor hereby leases to Lessee the equipment identified above ("Equipment") for the term and with the rental payments set out above. Rental payments shall be made to Lessor at the address shown above, subject to the provisions of paragraph 4 on the reverse side hereof. The Equipment will be transported to and from Lessor's place of business during the rental term at Lessee's expense. Lessee also agrees to pay any additional charges noted above upon or before receiving the Equipment from the Lessor. It is contemplated that the Equipment will be operated for not more than: NO. OF HOURS IN ANY ONE DAY NO. OF HOURS IN ANY ONE WEEK 8 40 NO. OF HOURS IN ANY 4 WEEKS 160 Lessee agrees to pay additional rental prorated at the applicable daily, weekly or 4 week rate for each hour the Equipment is used in excess of such time. The additional rent for excess hours of use will be paid at the time the Equipment is returned or, if the Equipment is leased for more than thirty days, on the first day of the month following such use. If an hour meter is furnished, (1) Lessee agrees to keep it connected to the Equipment and in good working condition at all times, and (2) it will be used as the conclusive measure of the number of hours of operation. If Lessee fails to return the Equipment by the end of the rental term, Lessee will pay additional rental, prorated at one and one-half times the normal rental, for each day that the Equipment remains unreturned. Lessee assumes all risks and liability for and agrees to hold Lessor and its assign harmless from all personal injuries and death, property damage, suits, claims (including third party claims), losses, expenses, costs, and attorney fees, arising from or in connection with the Lessee's use, possession, entrustment to others, or transportation of the Equipment. Lessee, at Lessee's own expense, will carry general liability insurance with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate, unless greater liability limits are specified below. PER OCCURRENCE LIMIT $0.00 PER AGGREGATE LIMIT r $0.00 I Lessee agrees to furnish a certificate of insurance to Lessor's satisfaction evidencing Lessee's compliance with the foregoing requirement and name the Lessor as an additional insured on the Lessee's general liability policy upon demand by Lessor. ORIGINAL Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is out of Lessor's possession. The amount of any such loss or damage will be based on the value shown above. Damage to the Equipment, other than a total loss, will not abate or excuse the making of prescribed rental payments. Lessee agrees to use and care for the Equipment in a careful and prudent manner. Lessee agrees to pay all operating and maintenance expenses while the Equipment is out of the Lessor's possession, and to make or secure any needed repairs. All repairs shall be at Lessee's expense, except to the extent that Lessor performs repairs and obtains compensation for doing so from the manufacturer. To the extent permitted by law, neither Lessor, its assigns, the wholesale distributor or manufacturer makes any representation or promise as to the quality, performance or freedom from defect of the Equipment, and NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. Neither Lessor, its assigns, the wholesale distributor or manufacturer will be liable for any incidental or consequential damages which may result from the use, performance or failure of the Equipment. Lessee acknowledges that the Equipment is of a size, design and capacity selected by Lessee and that Lessee is satisfied that the Equipment is suitable for Lessee's purposes. Lessee will return the Equipment to Lessor in as good condition as received, reasonable wear and tear excepted, by the end of the rental term. If the Equipment is not in such good condition upon its return to Lessor and Lessor elects to repair it, Lessee will pay for such repairs at Lessor's regular shop rates. Lessor may, at Lessor's option, replace the Equipment with a similar machine at any time during the rental term. Lessor will notify Lessee if Lessor intends to exercise this option, and Lessee will have three (3) business days following such notice in which to exercise the purchase option provided below or return the Equipment to Lessor. Upon return of the Equipment to Lessor, the rental term hereunder shall terminate, and the parties will enter into a new original Rental Agreement covering the replacement machine. Such new Rental Agreement shall extend, at a minimum, for the remainder of this Rental Agreement's rental term and have a rental rate no greater than the rate for rental of the Equipment hereunder. Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for the "Total Present Value" specified on this Rental Agreement, and may apply to such purchase price I 0 % of all rentals previously paid. An election to purchase will be evidenced by execution of a purchase order form supplied by Lessor. THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. LESSEE (Customer) - All new equipment rented hereunder was received with Operator's Manuals, and operation and servicing have been explained to me. SIGNATURE DATE LESSOR (Dealer) - The equipment rented hereunder was set up, inspected and, if new, adjusted according to factory recommendations before delivery. Operation and servicing have been explained to the Lessee. SIGNATURE DATE RENTAL AGREEMENT 1. Addition of Accessories Lessee will not, without Lessor's written consent, install any accessories or devices on the Equipment if such installation will impair the originally intended function or use of the Equipment. All accessories or devices affixed to the Equipment will become the property of Lessor unless such accessory or device can be removed without in any way affecting the originally intended function or use of the Equipment. Any damage to the Equipment caused by the removal of such accessories or devices will be repaired at Lessee's expense. 2. Compliance with Regulations Lessee will comply with all laws and regulations relating to ownership, possession, use or maintenance of the Equipment. 3. Inspection Lessee will, whenever requested, advise Lessor of the exact location of the Equipment. Lessor and its representatives may, for the purpose of inspection, enter upon any job, building or place where the Equipment is located at any reasonable time. Lessor may remove the Equipment without notice to Lessee if, in the opinion of the Lessor, it is being used beyond its capacity or in any other manner improperly cared for or abused. 4. Assignment Lessee agrees that Lessor may assign this Rental Agreement and all right, title and interest of Lessor in and to the Equipment, and all sums due or to become due to Lessor hereunder (of which assignment Lessee hereby waives notice), and Lessee agrees to recognize such assignment. Lessee's obligation to pay rent under this Rental Agreement will not as to any such assignee be subject to any diminution arising out of any breach of any obligation hereunder or other liability of Lessor to Lessee. Lessee may not assign this Rental Agreement. Lessee further agrees to make rental payments directly to John Deere Construction Equipment Company ("Deere"), if Deere becomes Lessor's assignee, upon and following receipt from Deere of evidence of assignment and a written request to do so, and Lessor agrees to recognize any payment so made as satisfaction of Lessee's obligation to make that payment hereunder. 5. Default If Lessee fails to make any rental payment when due, attempts to sell or encumber the Equipment, ceases operating, institutes or has instituted against it proceedings under any bankruptcy or insolvency law, makes an assignment for the benefit of creditors or fails to comply with any other provision of this Rental Agreement, or if any attachment, execution, writ or process is levied against the Equipment or any of Lessee's property, or if for any reason Lessor deems itself insecure or the Equipment unsafe, Lessor may terminate the rental term hereunder by giving Lessee written notice thereof, in which event Lessee will deliver the Equipment to Lessor on demand, and Lessor may enter upon any job, building or place where the Equipment is located and take possession of it without notice to Lessee. In the event of such termination, Lessee agrees to pay all guaranteed rentals and all other rentals due, damages for any injury to the Equipment, legal expenses, costs of removal of the Equipment from the possession of Lessee, and all freight, storage, transportation and other charges incurred in such removal and return to Lessor at its place of business. The parties further agree that Deere, if Deere becomes Lessor's assignee, also may terminate the rental term hereunder and take possession of the Equipment upon any of the events specified above, including without limitation Deere's determination that its interest is insecure or the Equipment is unsafe, regardless of whether Lessor concurs in Deere's judgment or desires to terminate the rental term. The parties further agree that, in the event Deere elects to terminate the rental term, Lessee shall pay to Deere all rentals due, damages for any injury to the Equipment, legal expenses, and costs or removal of the Equipment from the possession of Lessee. 6. Construction This is an agreement for rental only. Nothing herein will be construed as conveying to Lessee any right, title or interest in or to the Equipment, except as a lessee. 7. Guaranteed Rental - Return of Equipment Provided the guaranteed rental set forth on the reverse side is or has been paid, Lessee may return the Equipment and terminate the rental term hereunder on three days notice to Lessor. 8. General Time is of the essence of this Rental agreement. Lessor's failure at any time to require strict performance by Lessee of any provision of this Rental Agreement will not waive or diminish Lessor's right thereafter to demand strict compliance with that or any other provision. Waiver by Lessor of any default will not waive any other default. This Rental Agreement may not be modified except by a written revision signed by the parties hereto. Lessee acknowledges receipt of a signed copy of this Agreement. 'RIVERS E Q U I P M E N T WHOLE GOODS RELEASE FORM Contract# / 3 / Albuquerque NM (505) 884-2900 Cheyenne WY (307) 638-8669 Colorado Springs CO (719) 475-1100 El Paso TX (918) 598-1133 Farmington NM (505) 326-1101 Frederick CO (303) 833-5900 Fort Collins CO (970) 482-7154 Greeley CO (970) 356-3666 Hobbs NM (575) 392-6923 Pueblo West CO (719) 547-3505 Rocky Ford CO (719) 254-7621 Strasburg CO (303) 622-4207 Customer We lc( C 0t,, ` -t - v Contact leviy Transaction: Rental X RPO Cell # Demo Holly CO (719) 537-6551 Lamar CO (719) 336-7751 Job/ us /W/O# / C Loaner PO# Sold Transfer Consignment Equipment Stock # Serial # SMM/Plate Hours Out Hours In L- i t(L l c !' i i- Li! r ;1 / ‘ 7 i ) 9 2 3 / r 1! . I c,7.--- E. 1 C. i Date OUT S / ► c / , Time Checked OUT by T( KEYS? \Pi/ Specific Destination Pictures 5 / I S Security Code Set Date IN Time Checked IN by KEYS? Transported by Customer 4RE Name of Company/Driver Returned by Customer 4RE Name of Company/Driver IY=Yes N=No ✓=Ok M=Missing L=Low N/A *=See Notes %=Remaining Wear i Safety Inspection 1 -Steering Lock/Boom Lock 2 -Seat Belts 3-Brakes/Parking Brake 4-Glass/Mirrors 5 -Back-up Alarm/Motion Alarm 6 -Horn 7 -Manuals - Operator's & Safety / Parts 8-Radio/Antenna 9-Steps/Handles/Non-Skid 10 -Lights Quantity Beacon 11 -Load Chart 12 -Fire Extinguisher 4 g/dischg) 13-ROPS 14 -Emergency Shutdown 15 -Angle Indicator/Level Indicator 16 -Out Rigger/Stabilizer Condition 17 -Tire% Frontl u / Inner 90 / 18-Tracks/Tires/Mudflaps (Damage) 19 -Wipers Functional 20-SMV/Warning Triangle Kit OUT ✓ ✓ V IN (chg/dischg) Reuel U / V Notes Out: 3O) Ivy, >t / et, I- no , Condition/Damage Inspection OUT IN 21-Fuel/DEF Level (should be full in / out) T.A I 1 /_ 22 -Cooling System Levels 23-Hydraulic/Compressor Fluid Level 24-Transmission/Swing Motor Fluid Level 25-Belts/Hoses/Visible Fluid Leaks 26 -Engine Oil Level 27 -Last Service Type 3 k @ L L hrs ■ @ hrs 28 -Air Induction System/Filter Condition 29 -Hydraulic Cylinder/Rod Condition 30-Paint/Sheet Metal Condition 31 -Lug Nuts Checked 32 -A/C - Heater Checked 33-Edge/Cleaner Condition — % 34 -Teeth Cond./Type/# % % 35 -Return to dig/Height kick out/Carry all 36 -Machine Appearance 37 -Cab Interior Appearance 38 -Attachment Condition 39 -Breaker Point Chg $ per 1" worn 40 -Customer Responsibility Decals 4 ■ Notes in: p I certify the above machine hats been delivered to me in good condition at the location indicated. Signature X 1 Title Customer shall indemnify 4RE against all loss or damage to the equipment while it is out of 4RE's possession. Customer assumes all risk and liability in connection with the operation of this equipment and shall hold 4RE harmless from all damages. Revised 2/17/15 Hello