6(s) STANDARD TERMS means the STANDARD TERMS contained herein, as amended by XTRA Lease from time to time. (t) Trailer Tracking Unit means the product developed by XTRA lease`s third-party licensor that provides mobile communication, tracking and other device management services. (u) User Fee means the required payments that the Renter must make to XTRA Leasing for each day (including Saturdays, Sundays and public holidays). The Equipment will be leased or leased to the Renter, whether or not such Equipment is in the use, possession, control or operation of the Renter, including, but not limited to, the rental price set forth in the Rental Agreement plus all other fees, charges and amounts payable by the Renter under the Rental Agreement. (v) in writing or in writing in printed or electronic form. 10 The tenant has exclusive ownership, control and use and assumes full responsibility for the condition, operation, inspection and maintenance of the equipment during the rental agreement. The renter must return the equipment to XTRA Leasing in the same condition specified in the equipment rental agreement, with the exception of normal wear and tear. (c) If the Tenant requests XTRA to rent to deliver or collect a unit of equipment at a location designated by the Tenant, the Tenant must pay the XTRA Rental and Collection Fee for the organization and provision of delivery or collection. The tenant`s agent signs the rental agreement for the XTRA equipment and/or other documents provided by the delivery seller at the time of collection or delivery. If a unit is delivered, the XTRA lease check of the unit at the location of the XTRA rental office prior to delivery is conclusive proof of the condition of the unit at the time of lease commencement, and in the case of the collection of a unit, the XTRA rental inspection of the unit upon return of the unit to the location of the XTRA Lease branch is conclusive proof of the condition of the unit upon its return. Having established that there were genuine factual issues relating to the condition of the trailer door when it was leased to CTL by Xtra Lease and sublet by CTL to Joseph Eletto, and who had control of the trailer during that period, it follows that a summary judgment cannot be rendered. 9 4. DELIVERY, RECEIPT AND RETURN.
(a) As a condition of the tenant`s collection or return of the equipment to an XTRA rental location, the tenant`s agent must (i) provide proof of identification of the XTRA rental agreement in the form of a valid commercial driver`s license and (ii) sign the XTRA lease equipment rental agreement. The Renter acknowledges that the Renter`s agent has been authorized to collect, return and/or accept delivery of the XTRA Rental Agreement equipment, and that the signature of the Renter`s Seller on the XTRA Equipment Rental Agreement binds the Rental Agreement to the TERMS of this Equipment Rental Agreement and standard 2 general conditions. As amended from time to time. (b) By taking possession of the Equipment, the Renter acknowledges that he accepts the Equipment in good condition in good condition and in the condition specified in the Equipment Rental Agreement. After careful consideration of the parties` respective arguments, the court first concluded that Xtra Lease could not prove that there was no genuine question of material fact that would hold it liable under New York State law. Xtra Lease correctly submits that in order to establish Xtra Lease`s liability, the plaintiff must prove that the trailer was in poor condition when Xtra Lease first leased it to CTL. The protocol in this case undoubtedly contains evidence to suggest that the trailer was not in poor condition when it was leased from Xtra Lease to CTL, including the fact that other workers opened and closed the door without any problems before the claimant`s accident and that inspections were carried out before and before the accident, did not result in operator failure. However, the protocol also contains significant evidence that the trailer door was defective, especially since the plaintiff was an experienced truck driver who had easily opened and closed countless trailer doors, and Xtra Lease was performing maintenance work on the trailer door shortly before the accident. In order to ignore this latter evidence in the manner required by Xtra Lease, the court would have to perform a function that it simply cannot fulfill in a summary judgment. Since Xtra Lease does not conclusively exclude the possibility that the trailer was leased to CTL in poor condition, no summary judgment can therefore be rendered against the applicant.
8 The Renter`s obligations under the Rental Agreement, including but not limited to payment of user fees, will remain in effect until the Equipment is returned to the XTRA Rental Agreement. The Rental Agreement will be terminated upon the return of all Equipment subject to the Rental Agreement, except with respect to the provisions contained in the Rental Agreement or the terms and conditions intended to survive the termination of the Rental Agreement, including, but not limited to, limitations of liability, indemnification, confidentiality, payment and billing, damage and repairs to equipment, choice of law, location and waiver of jury proceedings. Notwithstanding any other wording contained herein or in them, nothing in the Rental Agreement transfers ownership rights to the Renter and all right, title and interest in and to the Equipment remains the property of XTRA-Leasing. 3. AUTHORITY AND ACCEPTANCE. By submitting an XTRA Leasing customer application, entering into a lease agreement with XTRA Leasing, taking over XTRA Leasing`s equipment, executing an equipment lease, paying invoices to XTRA Leasing or entering into any other transaction with XTRA Leasing, the tenant`s and tenant`s representatives represent and warrant that they are authorized on behalf of the lessee and, where applicable, on behalf of the companies identified in a National Account Agreement as affiliates of the Lessee that are authorized to lease equipment, enter into such agreements and transactions with XTRA Leasing and expressly confirm the receipt and continued acceptance of the STANDARD TERMS of XTRA Leases, as these STANDARD TERMS may be amended from time to time. 2 (c) Communication Services means the two-way wireless tracking and mobile information management services provided to the Renter through or through XTRA Leasing and using the communication network provided by XTRA Leasing`s third party licensors. (d) Covered Event means the damage or loss of equipment reported to XTRA Lease within 72 hours resulting from the accidental fire of equipment by fire, the theft of equipment in the possession or control of the renter by a third party, or a collision with a third party as a result of a vehicle accident on a public highway. (e) The defect has the meaning defined in article 21.
(f) `equipment` means the semi-trailer, chassis, refrigerated trailer or any other XTRA road, cardboard or rental storage equipment, as well as the connected trailer tracking unit and, where applicable, the associated sensors. 4 k) Leasing means written contracts in which the Renter rents or leases Equipment from XTRA Leasing, including long-term equipment leases, national accounts contracts, short-term leases and equipment leases. .