Order Information

To Place an Order - You can place your order with us seven days a week. We accept Visa, MasterCard, and American Express. Our customer service representative will take your order personally between the hours of 7 a.m. and  6 p.m. EST Monday through Friday.

EE&S Ships all rentals priority overnight. Customers are required to return rentals overnight unless arranged otherwise. The rental period starts on the day that the customer receives the equipment and ends the day before EE&S receives the return.

You may also E-mail or fax your order to:

Benham Environmental Equipment & Supply

491L Blue Eagle Ave, Harrisburg, PA  17112

1-800-739-7706

Fax:  1-717-901-8114

EquipmentSup@SAIC.com

Benham an SAIC Company

TERMS AND CONDITIONS OF LEASE AGREEMENT

  1. LEASE. Benham Company, the "Lessor," hereby leases to the Lessee and Lessee hereby leases from the Lessor the Equipment described on all attached schedule(s) including all additions and attachments (hereafter called "Equipment") based upon the terms and conditions as set forth in this Lease Agreement ("Lease") and all following schedules.
  2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. The receipt and acceptance by the Lessee (as may be evidenced by, but not necessarily limited to, the signature of the Lessee representative on the bill of lading) of the unit(s) (the "Equipment") shall obligate Lessee to pay the rentals and the other sums due hereunder constitute acknowledgment that the Equipment has been received in good, safe, and serviceable condition and fit for use, unless the Lessee makes claim to the contrary to the Lessor, certified mail addressed to the Lessor within 48 hours after receipt of the Equipment, and the Lessee has noted any defects on the bill of lading at the time of delivery of the Equipment. All delivery and installation arrangements and costs are the sole responsibility to Lessee (unless included in the cost of the Equipment to Lessor and upon which the Lease payments were computed). Lessee shall specify carriers. Lessee agrees to accept the Equipment when delivered and sign the Equipment Acceptance and Purchase Authorization supplied by Lessor when all the Equipment has been delivered. Lessee's signing the Equipment Acceptance and Purchase Authorization confirms that all the Equipment is acceptable to the Lessee. Should the Lessee cancel this Lease before the Equipment is delivered or if the Lessee refuses to sign the Equipment Acceptance and Purchase Authorization within seven (7) days after the Equipment is delivered, the Lessor may cancel the Lease. In the event the Equipment, its condition, or its delivery is such as would reasonably justify rejection of the Equipment by any purchaser, Lessee may reject the Equipment. If Lessee elects to reject the Equipment, Lessee agrees that, at its sole cost and expense, Lessee shall immediately notify Lessor in writing of such rejection and shall comply with all instructions of Lessor, as well as with all applicable laws dealing with the obligations incurred on rejection of goods.
  3. WARRANTIES. During such time under the term of this Lease Agreement as Lessee renders faithful performance of its obligations, Lessor warrants that it has and shall continue to have free and clear title to the leased Equipment, subject to Lessor's right of assignment herein contained. Except as to this warranty of title, Lessor makes no warranties, express or implied, with respect to this Lease Agreement or the leased Equipment. Without limiting the generality of the foregoing, THE EQUIPMENT IS LEASED "AS IS" AND LESSOR SPECIFICALLY MAKES NO WARRANTIES, AND EXPRESSLY:
    1. DISCLAIMS THAT ANY EQUIPMENT IS FREE OF ANY RIGHTFUL CLAIM OF ANY THIRD PERSON BY WAY OF INFRINGEMENT OR THE LIKE;
    2. DISCLAIMS THAT THE EQUIPMENT IS MERCHANTABLE; AND
    3. DISCLAIMS THAT THE EQUIPMENT IS FIT FOR A PARTICULAR USE.
  4. TERM AND RENT. This Lease starts and the term of the Lease begins when equipment is shipped to Lessee's designated destination. Lease termination occurs only when all obligations of the Lessee have been satisfied. The due date of the first Lease payment is the date upon which the Equipment is delivered to the Lessee. The next Lease payment is due on the first day of each month (or any date so forth designated by Lessor) until all additional payments or expenses chargeable to the Lessee have been paid in full. All payments shall be made to Lessor at the address on the front of this Lease. Lessee acknowledges and agrees that its obligation to make such payments under this agreement are absolute and unconditional under all circumstances and shall not be reduced by or made subject to any set off, counterclaim, or deduction that Lessee has or may have in the future.
  5. LICENSING, REGISTRATION, AND TAXES. Lessee agrees to obtain and maintain, at its sole cost and expense, such licensing and registration of the Equipment as is required by law. All such licensing and registration shall show that Lessor is the owner of the Equipment and shall immediately be delivered to Lessor. Lessee also agrees to pay and discharge when due all license and registration fees, assessments, sales, use, property, and other taxes (excluding any tax measured by Lessor's net income) attributable to the term of this Lease Agreement, together with any penalties or interest, now or hereafter imposed by any state, federal, or local government on any item of the Equipment, or the rentals payable, whether the same be payable by or assessed to Lessor or Lessee. If by law, any such registration or license fee or tax is billed to Lessor, Lessee, at its expense, will do any and all things required to be done by Lessor in connection with the licensing or registration procedure and the levy or assessment of any tax, including its billing or payment. On request, Lessee shall provide Lessor with proof of payment.
  6. TITLE, PERSONAL PROPERTY, LOCATION, AND INSPECTION. The Equipment is and shall remain the sole personal property of the Lessor. Lessee has the right to possess the Equipment until Lease termination provided Lessee is not in default of the Terms and Conditions of this Lease. Lessee shall not move the Equipment from the location mentioned in this Lease without the prior written consent of the Lessor. Lessor shall have the right to enter, with prior approval, upon the premises where the Equipment is located for the purpose of confirming the existence, condition, and proper maintenance of the Equipment. Lessee shall not affix or attach the leased Equipment to any real property without Lessor's prior written consent. The Equipment shall remain personal property regardless of whether it becomes affixed or attached to, or permanently rests on real property or any improvement on real property, unless Lessee purchases the equipment.
  7. USE, MAINTENANCE, AND REPAIR. Lessee shall use the Equipment in the manner for which it was intended, solely for Lessee's business purposes, in accordance with all applicable manuals and instructions and in compliance with all applicable laws and regulations. Lessee, at Lessee's own cost and expense, shall keep the Equipment in good repair, condition, and working order, ordinary wear and tear excepted, and shall furnish all parts and servicing as required. All replacement parts and repairs made to or placed upon the Equipment shall become the property of Lessor.
  8. ASSIGNMENT. Without the prior written consent of Lessor, Lessee shall not sublet, lend, pledge, or assign this Lease, the Equipment or any interest in either, or permit any, lien, charge, or encumbrance thereon. Lessee will not relinquish nor abandon possession of the Equipment to any party other than to the Lessor. Lessor may at any time assign to any bank, or other financial institution, or any person, firm, or corporation, all or part of its right, title and interest in and to this Lease and in and to each item of Equipment and monies to become due to the Lessor hereunder, and Lessor may grant security interests in the Equipment, subject to the Lessee's right therein as set forth in this Lease, and in such events, all the provisions of this Lease for the benefit of Lessor shall inure to the benefit of and be exercised by or on behalf of such assignee, but the assignee, shall not be liable for or be required to perform any of Lessor's obligations to Lessee. All Lease payments due and to become due under this Lease and assigned by Lessor shall be paid directly to assignee, upon notice of such assignment to Lessee, and the right of the assignee to the payment of assigned rentals and performance of all Lessee's obligations and to exercise any other of Lessor's rights hereunder shall not be subject to any defense, counterclaim, or set off which the Lessee may have or assert against the Lessor and the Lessee hereby agrees that it will not assert any such defenses, setoffs, counterclaims, and claims against the assignee. A copy of this Lease may be used as chattel paper. The terms and conditions of this lease may not change if Lessor assigns this lease to a third party.
  9. RETURN OF EQUIPMENT. Lessor will furnish appropriate packing boxes or crates when it ships this Equipment to Lessee, for Lessee's use. It shall be Lessee's responsibility to furnish packing boxes or crates of equivalent protective ability for the return of the Equipment to Lessor. Lessee agrees to bear all costs associated with shipment and transportation of the Equipment. Lessee agrees to pay the expense of repairing the damage, if any, which may be done to any Equipment returned to Lessor. Lessee accepts Equipment F.O.B. and agrees to bear the risks of damage during transport, looking only to the transporter for damages caused by shipment. If Lessee so requests in writing, Lessor agrees to inform Lessee of the day on which it expects to ship the Equipment, so Lessee shall be able to inspect the Equipment for damages before it is packed and shipped.
  10. LOSS OR DAMAGE. Upon acceptance of equipment from carrier, Lessee assumes the entire risk for the loss, destruction, or damage to the Equipment regardless of the cause, whether or not insured, until the Equipment is returned to the Lessor. No such loss or damage shall relieve Lessee from any obligation under this Lease. In the event of damage to, loss, or destruction of the Equipment, Lessee shall notify Lessor in writing, of such fact. Lessor will decide whether to: (a) restore the Equipment to good condition and working order; (b) replace the Equipment with similar Equipment in good condition and working order and then transfer clear title of the replacement Equipment to Lessor whereby such Equipment shall be governed by this Lease and deemed to be the Equipment; or (c) have Lessee pay to Lessor the total present value of all unpaid Lease payments plus the estimated Fair Market Value of the equipment at the end of the normal Lease term after discounting, whereupon this Lease shall terminate. All insurance proceeds received by Lessor due to Equipment loss or damage will be applied, where applicable and at the discretion of Lessor, toward the replacement or repair of the Equipment or Lease payments.
  11. RISK OF LOSS AND INSURANCE. Lessee shall obtain and keep the Equipment and all attachments properly insured against the risks of loss, theft, or damage in an amount not less than the replacement cost of the Equipment without deductible or coinsurance. Lessee shall also carry public liability insurance, both personal injury and property damage, covering the Equipment and its use. Lessor shall be named loss payee on the property insurance and additional insured on the public liability insurance. Lessee shall pay all premiums therefore, be responsible for all deductible portions thereof, and shall deliver to Lessor written proof, to satisfy the Lessor. Any cancellation of insurance requires thirty (30) days prior written notice to the Lessor. Lessor is not responsible to neither ascertain the existence nor advise Lessee that the insurance coverage is proper and meets the requirements hereof. Lessee appoints Lessor as Lessee's attorney-in-fact to make claim for, receive payment of, and execute and endorse all documents, checks, and drafts received in payment for loss or damage under any said insurance policies. Unless Lessee is in default, Lessee may settle any claims with the prior written notification and approval of Lessor. Lessor has the right, but not the obligation, to obtain the necessary insurance on the behalf of Lessee. If the Lessor obtains such insurance, the Lessee agrees to pay all insurance costs.
  12. INDEMNITY. Lessee assumes liability for the use and possession of the Equipment during the term of the lease. Further, the Lessor will be held harmless by the Lessee from all claims and liabilities arising from the possession and use of the Equipment. These obligations continue beyond the end of this Lease if the liability occurred during the Lease term. It is understood that in leasing Equipment owned by Lessor, Lessee is requesting Lessor to undertake potentially uninsurable or inadequately insurable obligations for the Lessee's benefit, involving the presence of potential presence of hazardous or toxic substances. The Lessee agrees to hold harmless, indemnify, and defend Lessor from and against any and all claims, losses, damages, liability, and costs, including but not limited to costs of defense and attorneys' fees, through any cause of action at law or in equity, or settlement thereof, arising out of or in any way connected with the actual, potential or threatened presence, discharge, release, escape, treatment, storage, transportation, disposal, excavation, sampling or analysis of substances of any kind whatsoever, which occurs in connection with this Lease.
  13. DEFAULT. Lessee is in default of this Lease if any of the following events occur: (a) Lessee fails to pay any sum due Lessor after ten (10) days of the due date thereof; (b) Lessee breaches any of its warranties and/or obligations under this Lease, or any other written agreement with Lessor; (c) Lessee or guarantor dies or the said business entity liquidates or dissolves itself, or is liquidated or terminated, or assigns for the benefit of creditors or appoints a trustee or receiver as allowed under the Bankruptcy Code or other insolvency law providing for the relief of debtors; (d) Lessee being in default under any other contract with Lessor; (e) in the event of loss or damage to any unit of Equipment, Lessee fails to provide adequate assurances of its financial ability to perform the Lease and to repair or replace the unit; (f) Lessee, in connection with the negotiation and creation of the Lease Agreement, has misrepresented any material fact; or (g) Lessee sells, assigns, or attempts to sell or assign the Equipment or any interest therein.
  14. REMEDIES. In the event of a default by Lessee under Clause 13, Lessor, at it option, may pursue any one or more of the following actions: (a) Declare immediately due and payable all of the rent and other obligations then unpaid, as stated previously, for the full remaining term of this Lease Agreement without terminating the Lease of Lessor's right to recover possession of the Equipment; and (b) peacefully take possession of the Equipment or render it unusable, after notification in writing of default, and without court order or legal process. In taking possession of the Equipment or rendering it unusable, Lessor shall have the right to enter on Lessee's premises. Lessor specifically reserves the right to pursue any other remedy at law or equity that Lessor may have. No right or remedy conferred on or reserved by Lessor in this agreement is exclusive, and each remedy is cumulative and may be enforced separately or concurrently. Regardless of the remedy or remedies pursued by Lessor, Lessee agrees to be liable for, and, on demand, to pay to Lessor, in addition to all other sums due, the full amount of any costs or expenses, including attorney fees, incurred by Lessor in connection with any default by Lessee.
  15. COLLECTION EXPENSES, INTEREST, AND ADVANCES. Should Lessee fail to pay any sum due Lessor at the designated due date provided hereunder, Lessee shall pay Lessor interest on all delinquent monies with a service charge of five (5) cents per dollar on each unpaid Lease payment with a minimum of $4.00 per Lease payment or the highest legal rate allowed. Lessee will also pay all expenses of any collection agency or service employed by Lessor to collect any unpaid monies to Lessor. Any advances made by Lessor to preserve the property or to pay the insurance premiums, or to discharge and pay any taxes, liens, or encumbrances thereon shall be added to the unpaid balance of Lease payments due hereunder and shall be payable with interest (from the date of payment by Lessor) at the highest rate allowed until paid. Lessee acknowledges that he is justly indebted to Lessor in the amount set forth above. In the event of any default specified in Section 13, for the purpose of empowering Lessor to seize and retake possession of the leased property, and to recover the monies Lessee lawfully owes Lessor, Lessee hereby confesses judgment in favor of Lessor or any subsequent holder of this Lease and authorizes an attorney for Lessor to have judgment entered against Lessee for the amount then owed under the Lease, plus interest, attorneys' fees in the amount of 18 per-cent (18%) of the amount of principal and interest sought to be recovered, and costs, including, but not limited to, expenses incurred in locating the collateral and the cost of any necessary bond.
  16. UCC FILINGS. The Lessor is authorized to file a reproduction of this Lease as a filing statement and shall be sufficient as a filing statement with the filing statement signed only by Lessor in accordance with the Uniform Commercial Code or one signed by the Lessor as the Lessee's attorney in fact. On all true leases, the Lessor is only giving public notice of the Lessor's ownership of the Equipment by filing a financial statement under the Uniform Commercial Code and does not intend to imply that any security interest was created. At any time, if this Lease is deemed to be one intended as security then Lessee grants Lessor a security interest in the Equipment and the proceeds from the sale, lease, or other disposition of the Equipment.
  17. SURRENDER. On the expiration or earlier termination of this Lease Agreement, Lessee at its sole cost and expense, shall have the Equipment cleaned and decontaminated to the Lessor's satisfaction at an United States Environmental Protection Agency (EPA) approved decontamination facility of the Lessee's choosing. The Lessee, at its sole cost and expense, shall then return the Equipment to the Lessor, freight prepaid, in good repair, condition, and working order, ordinary wear and tear excepted. Lessor will not accept return shipments of contaminated Equipment and in such cases shall have the right to refuse delivery and have the Lessee's shipper return the rental Equipment to the Lessee at the Lessee's sole expense, during which time the Lease Agreement shall remain in full force and effect. If after accepting the returned Equipment the Lessor feels that any additional cleaning of the Equipment is necessary, Lessor shall have the right to have the Equipment further decontaminated to the Lessor's satisfaction at an EPA-approved facility of its own choosing, during which time the Lease Agreement will remain in full force and effect. All costs of this additional decontamination shall be borne by the Lessee.
  18. NOTICES. Written notices to be given hereunder shall be deemed to have been given when delivered personally or deposited in the United States mails, certified, return receipt requested, postage prepaid, addressed to such party at its address shown above or at any address as provided by Lessor in writing.
  19. CHOICE OF LAW. The validity, enforcement, and performance of this Lease Agreement shall be governed and determined by the laws of the state of Pennsylvania, in which it was formed. Lessor and Lessee agree that if any cause of action arises based upon this Lease Agreement, such cause of action will be brought in either the Court of Common Pleas of Dauphin County, Pennsylvania, or in the Federal District Court for the Middle District of Pennsylvania, whichever has jurisdiction over the subject matter of the case.
  20. MISCELLANEOUS. Whenever the context permits, Lessee's covenants under this Lease Agreement shall survive the delivery and return of the leased Equipment. If any provision of this Lease Agreement is held invalid for any reason whatsoever, such invalidity shall not affect any other provision that can be given effect without the invalid provision and, to that end, provisions of this Lease Agreement are declared to be severable. No delay or omission by Lessor in exercising any option provided in this agreement shall constitute a waiver of such right or option, and there shall be no waiver by Lessor except as manifested in writing by Lessor's signatory or his designated agent.