The RENTER shall keep and maintain the rented equipment during the terms of the rental at his own cost and expense. The RENTER shall keep the equipment in a good state of repair, normal wear and tear excepted. The equipment shall be delivered to RENTER and returned to DAN at the RENTER’s risk, cost and expense. If a periodic rental rate is charged by DAN, rental charges are billed to the RENTER for each period or portions of the period form the time the equipment is delivered to RENTER until its return. If a term rental rate is charged by Divers Alert Network Southern Africa, rental charges are billed to the RENTER for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned. No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by DAN does not constitute a waiver of any of the rights Divers Alert Network Southern Africa has under the rental agreement. The RENTER shall not pledge or encumber the rented equipment in any way. DAN may terminate this agreement immediately upon the failure of the RENTER to make rental payments when due, or upon the RENTER’s filling for protection from creditors in any court of competent jurisdiction. Divers Alert Network Southern Africa makes no warranty of any kind regarding the rented equipment, except that Divers Alert Network Southern Africa shall replace the equipment with identical or similar equipment if the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions. Such replacement shall be made as soon as practicable after the RENTER returns the non-conforming equipment. The RENTER indemnifies and holds DAN harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty. The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by Divers Alert Network Southern Africa in protection of its rights under this rental agreement and for any action taken by Divers Alert Network Southern Africa to collect any amounts due to DAN under this rental agreement. These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of the RENTER.