Gates Underwater Products, Inc • 5111 Santa Fe Street, Suite H • San Diego, CA • 92109
858-272-2501 • 800-875-1052 • Fax 858-272-1208 • GatesHousings.com
Equipment Rental Agreement
These terms and conditions form the rental contract (the “Rental Contract”) between you (“Lessee”) and
Gates Underwater Products, Inc. (“Gates”), and apply to all the equipment rented by Lessee.
TERMS AND CONDITIONS
1. “Equipment” means all types of housings or equipment or other supplies rented to Lessee
under the Rental Contract. Lessee will have an opportunity to test and examine the Equipment
to determine that the Equipment is in good working order. Lessee may test the Equipment before
leaving the rental facility and any discrepancies reported to the Gates before the Rental
Contract(s) or rental orders are signed.
2. Lessee agrees to defend, indemnify and hold Gates free and harmless from and against any
and all claims liabilities, losses, costs and out of pocket expenses (including attorneys’ fees)
arising out of, or in connection with the equipment leased, its use or transportation, or out of
operations conducted by Lessee, its agents, sublessees, employees, contractors, representatives,
guests, invitees, or customers, including, but not limited to, active and/or passive negligence,
save and except claims or litigation arising through the sole negligence or sole willful misconduct
of Gates.
3. Lessee is considered to have taken delivery of the equipment from the time the equipment is
set aside from Gates general inventory for Lessee’s use. From the time Lessee takes delivery of
the equipment lease, until the equipment is returned to Gates during normal business hours and
Gates accepts the equipment, Lessee assumes all risks of loss and all risks and losses while in
Lessee’s possession, in transit, while at all locations, while in storage and while on Lessee’s
premises. Lessee will examine equipment on receipt and verify it is in good condition, notifying
Gates of any defects or non-functioning