* THIS IS A CONTRACT! The Terms and Conditions of this contract contains important information including lessor's disclaimer from all liability for injury or damage and details of customer's obligations. These terms and Conditions are a part of this contract - READ THEM!
** If equipment does not function properly, notify lessor within 30 minutes of occurrence or no refund or allowance will be made. If this is a reservation, a reservation fee, up to 100% of the total amount may be charged if reservation is cancelled within 24 hours of the scheduled "time and date out."
*** The "RENTAL TIME" will be calculated from the "time and date out" until the item or items (IN FULL) have been returned in the system and the contract is closed, regardless of "time used." We are NOT responsible (offering discounts) for any situation, such as weather, jobsite conditions, non-use, etc. that prohibit or limit the use, or return of the rental item.
**** If the rental item is not clean upon return, the customer agrees to pay any and all cleaning fees for the service provided.
***** I certify that I have READ AND AGREE TO ALL TERMS AND CONDITIONS on all forms of this agreement, and certify that those printed on any other form of this contract are agreed to as if printed above my signature. There is NO oral or other agreement not included herein. I agree to the damage waiver charges (and understand that misuse damage is not covered by the damage waiver) and I have received a copy of this agreement.
1. INSPECTION: Customer acknowledges that Customer has had an opportunity to personally inspect the equipment, and finds it suitable for Customer’s needs and in good condition, and that Customer understands its proper use. Customer further acknowledges Customer’s duty to inspect the equipment prior to use and notify Dealer of any defects.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT: If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Dealer who will replace the equipment with similar equipment in good working order, if applicable. Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.
3. WARRANTIES: THERE ARE NO WARRANTIES OR MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMERS INTENDED USE, OR THAT IT IS FREE FROM DEFECTS.
4. POSSESSION/TITLE: Dealer owns the Equipment and title in and to all of it will remain Dealers at all times. Customer is entitled to only use and posses equipment for the rental period subject to the terms of this contract. If Customer retains any of the equipment beyond the agreed Term without the Dealer’s written consent, Customer will be deemed to have materially breached this Contract. Customer will not take, grant or permit the taking of any (and Customer hereby waives and all) liens or other similar claims on any portion of the Equipment and Customer will take such actions as may be necessary, at Customer’s sole cost and expense, to ensure that any and all liens are released as soon as possible.
5. HOLD HARMLESS/INDEMNITY: Customer assumes all risk associated with the possession, use, transportation and storage of the Equipment. ACCORDINGLY, CUSTOMER HEREBY WAIVES AND ALL LINES AND CLAIMS ARRISING FROM/OR ASSOCIATED WITH AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DEALER FROM AND AGAINST, ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COST AND EXPENSES (INCLUDED WITHOUT LIMITATION, ATTORNEY FEES, CLAIMS FOR BODILY INJURY(IES) “INCLUDING DEATH”, PROPERTY DAMAGE, LOSS OF TIME AND/OR INCONVENIENCE RESULTING FROM OR ARRISING IN CONNECTION WITH SUCH POSSESSION, USE, TRANSPORTATION AND/OR STORAGE, REGUARDLESS OF THE CAUSE AND INCLUDING ANY INJURIES AND/OR DAMAGES SUFFERED BY CUSTOMER, CUSTOMERS, EMPLOYEES AND/OR ANY THIRD PARTY(IES), EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM OUR INTENTIONAL MISCONDUCT.
6. ASSIGNMENT AND SUBLETTING: Dealer may, at Dealer’s sole option, assign all or any portion of Dealers rights and/or remedies under this contract without customers consent. CUSTOMER MAY NOT ASSIGN CUSTOMERS RIGHTS OR REMEDIES UNDER THIS CONTRACT, NOR MAY CUSTOMER SUBLEASE OR LOAN ANY OF THE EQUIPMENT TO ANY THIRD PARTY WITHOUT DEALERS PRIOR WRITTEN CONSENT. ANY SUCH ATTEMPTED ASSIGNMENT OR SUBLEASE BY CUSTOMER WILL, AT DEALERS OPTIONS, BE DEEMED VOID AB INITO.
7. ASSUMPTION OF RISK: Customer acknowledges that the possession, use, transportation, and/or storage of the equipment may give rise to the risk of personal injury and/or property damage. CUSTOMER VOLUNTARILY ASSUMES ALL SUCH RISK AND RELEASES AND DISCHARGES DEALER AND THE EQUIPMENT FROM ANY AND ALL LEANS, LIABILITIES AND CLAIMS ARRISING IN CONNECTION WITH THE SAME, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS ARRISING FROM OR IN CONNECTION WITH DEALERS NEGLIGENCE (OTHER THAN DEALERS INTENTIONAL MISCONDUCT.)
8. PROHIBITED USES: Use of the equipment in the following circumstances is prohibited and constitutes a breech of this contract. (a) use for illegal purpose or in illegal manner (b) use when the equipment is in bad repair or is unsafe, improper, unintended use or misuse, (c) used by anyone other than customer or his/her employees without Dealers written permission. (Does not apply to mobile equipment) (d) improper, unintended use or misuse. (e) use at any location other than the address furnished Dealer, without Dealers written permission (Does not apply to mobile equipment).
9. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT: Dealer may assign his rights under this contract without customers consent, but will remain bound by all obligations herein. Customers may not sublease or loan the equipment without Dealers written permission. Any purported assignment by customer is void.
10. TIME OF RETURN: Customers right to possession terminates on the expiration of the rental period (“Due in” Date and Time) and retention of possession after this time constitutes a material breech of this contract. Time is the essence of this contract, any extensions must be mutually agreed upon in writing.
11. LATE RETURN: Customer agrees to return the rented goods during dealers regular store hours, upon expiration of rental period (“Due in” Date and Time.) Customer agrees that if the rented goods are held beyond the expiration of the rental period (“Due in” Date and Time) as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser period rate.
12. DAMAGED, DIRTY, OR LOST EQUIPMENT: Customer agrees to pay for any damage to or loss of the goods as an insurer, regardless of cause, except reasonable wear and tear, while the good are out of the possession of the Dealer. Customer also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges can not be applied against the purchase or cost of repair of damaged, lost or stolen goods, equipment lost, stolen or damaged beyond repair will be paid for at its current list price. The cost of repairs will be owed by Customer, whether performed by Dealer, or, at Dealers option, by others.
13. TIME OF PAYMENT: Accounts are due are payable at the beginning of rental period. A carrying charge of 1.5% per month (ANNUAL RATE OF 18%) will be charged on all overdue accounts.
14. COLLECTION COSTS: Customer agrees to pay all responsible collection. Attorneys and court fees and other expenses involved in the collection of the charges or enforcement of Dealers rights under this contract.
15. REPOSSESSIONS: Upon failure to pay rent or other breech of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, Dealer and his agents shall not be liable for any claims or damage or trespass arising out of the removal of goods.
16. INSPECTION OF TRAILER HITCH: Customer agrees to inspect the trailer coupling mechanism and safety chain before leaving Dealers premises. Customer also agrees to inspect the equipment periodically (every 100miles) and maintain the coupling and chain in a safe and secure condition.
17. SEVERABILITY: The provisions of this contract shall be so that the invalidity, enforce-ability or waiver of any of the provisions shall not affect the remaining provisions.
18. LOADING AND UNLOADING EQUIPMENT: Customer is responsible for loading and unloading equipment. If Dealers employees assist in loading or unloading equipment, customer agrees to assume the risk of and hold Dealer and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Dealer.
19. PROPERTY DAMAGE: Not responsible for any damage whatsoever as a result of on the job deliveries or pickup by Dealer.
20. FEES, LICENSES, PERMITS, TAXES AND FINES: The Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the customers use or operation of the vehicle/equipment.
21. UNDERGROUND FACILITIES: Customer agrees to have all underground facilities, in the vicinity of the equipment installation, clearly marked prior to the arrival of Dealers work crews. Customer assumes full responsibility for damage to all underground facilities. To identify underground facilities Customer must call 1 week prior to installation.
22. EQUIPMENT FAILURE: In the event of any of the equipment fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, Customer agrees to immediately discontinue use and notify Dealer and if directed to do so, return the equipment to Dealer. Customer further agrees Customer WILL NOT repair, or have anyone else repair any equipment. Failure to, timely, notify Dealer, with result in Customer being charged for all time out.
23. FUEL SURCHARGE: Equipment with Gas/Diesel engines must be returned full of approved fuel type (ex. Non-Ethanol 91 octane) or customer will be charged at the Dealer’s Current Rate.
24. SITE PREPERATION: If Dealer has agreed to deliver any equipment, Customer agrees to have the site clean and ready for the delivery and installation or dismantling and retrieval and Customer agrees to pay any additional charge for delay incurred, or additional labor performed by Dealer resulting from Customer’s failure to timely do so.
25. INSURANCE: If any of the Equipment is to be used for commercial purpose or is otherwise designated as “Customer Insured” on page 1, Customer agrees to maintain (a) property damage and casualty insurance on “all risk” basis for the full replacement cost of the equipment (including without limitation, all risk of loss or damage covered by the standard extended coverage endorsement) with such deductible, if any, as maybe acceptable to Dealer in Dealers discretion, and (b) commercial general liability insurance with minimum limits of $150,000 per occurrence. Such insurance shall cover all operations and contractual obligations, as well as any and all damage or liability arising in connection with the handling, transportation, maintenance, operation, use or possession of the equipment during the term and shall name Dealer as an additional insured and loss payee on a “closed clause” basis all such insurance shall be primary, without self insured retention and shall waive supererogation against Dealer. Customer agrees to provide Dealer copies of the endorsements for the above coverage specifying that they will not be canceled during the term. Any insurance dealer carries will be deemed to be in excess of Customer insurance.
26. DAMAGE WAIVER: If customer pays the damage waiver charge (DWC) as specified, subject to the limitations and exclusions below, Dealer agrees to modify the terms of this contract and relieve Customer of liability for normal use malfunctions to the rented item(s) on this contract. Dealer excludes from the waiver, any loss or damage due to theft, burglary, collision (including striking equipment, or its attachments against any object such as a hammer, stone, tree, etc), misuse or abuse, theft by conversion, intentional damage, mysterious disappearance, fire, windstorm, water or any loss due to customer’s failure to care for the rental item(s) as a prudent person would his/her own property, such as proper lubrication. If any such loss tends to indicate a crime may have been committed, a further condition of this waiver is that Customer must file a report to the proper law enforcement authorities and furnish Dealer a copy. In addition, if Customer has insurance for the loss of damage, Customer shall exercise, all Customers rights to obtain recovery under insurance shall cooperate with Dealer to obtain recovery and all insurance proceeds shall be given or assigned to Dealer.
27. SAFETY: I understand that the machine(s) being purchased may not meet O.S.H.A. requirements. I understand fully the operation of this machine & hereby accept full responsibility to equip each machine for safe operations as outlined by O.S.H.A.
28. WARNING: Operation of this machine can be dangerous. Seller is not responsible for any injury, death or damages of any kind. As purchaser, I fully understand and accept these conditions.
29. **USED EQUIPMENT WARRANTY**
ALL EQUIPMENT IS SOLD “AS IS” IT IS THE PURCHASER’S OBLIGATION TO DETERMINE CONDITION PRIOR TO PURCHASE. NO WARRANTY IS EXPRESSED OR IMPLIED. THIS EQUIPMENT IS FREE OF ALL LIENS AND ENCUMBRANCES.