Renter acknowledges that one of the purposes and intent of the deposit is to secure and guarantee complete performance of renters obligations under the contract.
The use of false or fictitious identification to obtain equipment or the failure to return the equipment upon the expiration of this contract may be considered a theft, resulting in criminal prosecution.
The following terms have the meanings appearing beside each:
- “Actual Time In” means physical return of all Rented Items to Our premises and acceptance by one of our representatives;
- “Contract” and “Rental Contract” mean this Rental Agreement;
- “Customer,” “You” and “Your” mean the “Customer” or “Lessee” identified on Page 1;
- “Out” means the amount of time elapsed between the Time Out and the Actual Time In;
- “Page 1” means the basic rental We charge for each Rented item during each Rental Period;
- “Rental Company,” “We,” “Us” and “Our” mean the Rental Company identified on Page 1;
- “Rent” means the Periodic Rental Rate, plus all other fees and charges accruing under this Contract;
- “Rental Period” means each interval (e.g., hour, day, week, month) for which Rent is charged;
- “Rented Items” and “Equipment” mean the items being rented to you;
- “Site” means the location given as the “Delivery,” “Ship To” or “Job” address on Page 1;
- “Term” means the period from the Time Out to the date and time the Equipment is “Due In” as specified on Page 1, subject to Our right of early termination. Unless otherwise specified herein, the Term will be deemed to be one (1) day (24 consecutive hours), commencing on the Time Out; and
- “Time Out” means the date and time when theRented Item(s) leave(s) our premises. Other capitalized terms used but not defined will have the meanings assigned on Page 1.
4. RENTAL PERIOD
You hereby rent Us the Equipment for the Term and agree to pay Us the Rent for all Time Out (but in any event, not less than the “Minimum Rent,” if any, on Page 1). Except only as expressly set forth in this Contract, We charge Rent for all Time Out, including Saturdays, Sundays and holidays.
In addition to the amounts coming due under any other provision(s) of this Contract, You agree to pay Us the Rent specified on Page 1, without reduction or set off, for the period commencing upon the Time Out and continuing without interruption until the Actual Time In. If You fail to return any Equipment when it is Due In, You will continue to pay us Rent on the basis set forth on Page 1 for all additional time elapsed (a “Late Period”) until the equipment is returned to, and accepted by, Us. (Optional: If you fail to obtain our prior approval of any Late Period, We may at our option, increase the periodic rent by___% for the duration of such late Period, as a premium and not as a penalty.)
6. EXCESS USAGE
Most Rental rates are established for normal and reasonable use of the Equipment on a single-shift basis, not exceeding 8 hours per day, 5 days per week. Unless otherwise specified on Page 1, you will be charged Rent for an additional full Rental Period if and to the extent any greater use of any of the Equipment is made (e.g., over 8 hours per day; 40 hours per 7-day period; or 160 hours per 4-week period).
7. TAXES AND FEES
You will also be responsible for paying all taxes, fees, environmental charges, and governmental assessments, including without limitation, sales and use taxes, applicable to the rental of the Equipment.
We own the Equipment, and title in and to all of it will remain Ours at all times. You are entitled only to use and possess the Equipment for the Rental period; subject to the terms of this Contract. If You retain any of the Equipment beyond the agreed Term without Our express written consent, You will be deemed to have materially breached this Contract. You will not take, grant or permit the taking of any (and You hereby waive any and all) liens or other similar claims on any portion of the Equipment, and You will take such actions as may be necessary, at Your sole cost and expense, to ensure that any and all such liens are released as soon as possible,
9. RECEIPT/INSPECTION OF EQUIPMENT
You acknowledge that You have received, inspected, examined and accepted the Equipment, and that, as delivered to You, it is safe and in good operating condition and repair and otherwise in all ways acceptable to You. You have selected the Equipment based on Your determination that it is appropriate for Your purposes, use, application and environment, and not based any recommendation by Us. The Equipment is provided to You AS IS, WHERE IS and without any warranty by Us as to its condition or appropriateness for Your purpose, except as expressly set forth in Paragraph (16) “Replacement by Us’.
10. LOSS OR DAMAGE
You are the insurer of the Equipment during the Term or any other period of time in which the Equipment is not in physically in Our possession. If you decline the Damage Waiver (and subject to its terms if you accept it), You bear all risk of loss, theft damage or destruction to the Equipment, regardless of cause (Ordinary Wear and Tear excepted). If the Equipment is stolen during the Term or any other time (either before or after the Term) when the Equipment is not physically in Our possession, whether or not the same is your Fault [the renter has to pay replacement cost].
11. CARE OF EQUIPMENT
You must protect the Equipment against misuse, exposure to adverse conditions and any other abuse or neglect, ensure that it remains in good operating condition and is returned to Us at the end of the Term in the condition required in Paragraph (21) “Return of Equipment.” You will provide a qualified operator for the Equipment, pay all costs of its operation, and provide all necessary fuel, lubricants, accessories and supplies. You are the insurer of the Equipment during the Term, or any other time (either before or after the Term) when the Equipment is not physically in Our possession. As such, You bear all risk of loss, theft, damage or destruction to the Equipment, regardless of cause (Ordinary Wear and Tear excepted). If You fail to return the Equipment to Us in the condition required, You agree to pay all costs associated with returning it to such condition (which may include, if We reasonably deem it necessary, its full current replacement cost, including without limitation, all packing, shipping and handling charges). Accrued Rent will not be applied against the purchase or replacement of lost, stolen, damaged or destroyed Equipment.
12. ORDINARY WEAR AND TEAR
“Ordinary Wear and Tear,” meaning normal deterioration resulting from the proper intended use of the Equipment in accordance with the terms of this Contract, will not be considered damage. Damage which is not “Ordinary Wear and Tear” (and for which You will be solely responsible) includes without limitation, theft, mysterious disappearance, damage due to overloading or exceeding rated capacities, nonstandard use, overturning, tire damage and transportation or operation without required or recommended coolants, lubricants, hydraulic fluid, air pressure levels, supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents and intentional damage.
13. DAMAGE WAIVER
The Damage Waiver we offer IS NOT INSURANCE, NOR IS IT A WARRANTY. If You accept it, We will, subject to the “Exceptions and Exclusions” set forth below, waive Our right to recover from You Our direct cost to repair or replace Equipment which is damaged or destroyed while in Your possession. If You have insurance of Your own covering damage to the Equipment or any portion thereof, You promptly exercise all rights under such policy to make a claim for any amounts available, and/or at Our option, assign the claim (or the proceeds thereof, as applicable) to Us as soon after the occurrence of the event giving rise to such claim as reasonably practicable; and (a) You provide Us with reasonable documentary evidence showing the nature and cause(s) of such accident, loss or damage, and your compliance with the terms of this Paragraph, including without limitation, if requested by Us, a written and signed police report (within 24 hours of request), photographs and completed insurance claim forms. If You maintain the insurance required under Section (14), You may decline the Damage Waiver and avoid the associated charge by placing Your initials in the space provided for that purpose on Page 1. Exceptions and Exclusions: The foregoing notwithstanding, the following are not covered under the Damage Waiver, and You will remain liable for each:
- (i) Your failure to return any item of Equipment for any reason (including without limitation, loss, theft, and/or destruction);
- (ii) Damage to any item of Equipment due to intentional abuse, improper use, negligence, neglect (including failure to protect during periods of inclement weather);
- (iii) Damage to any item of Equipment due to operation of the Equipment in a manner inconsistent with the instructions provided by Us and/or the OEM;
- (iv) Damage to any item of Equipment due to overloading, overturning and/or striking overhead objects;
- (v) Damage to any item of Equipment due to exceeding the rated capacity of such equipment;
- (vi) Damage to motors or other electrical appliances or devices caused by artificial current;
- (vii) Damage to tires, tubes. and wheels (whether or not part of the Equipment) however caused (including without limitation, heat, cold, weight, yaw, rough terrain, potholes, cuts, punctures and blowouts);
- (viii) Damage to accessories (e.g., electrical cords, crates, carts, blades, air hoses, fuel tanks, welding cables and other similar items);
- (ix) Damage or loss as a results of vandalism, malicious mischief and/or mysterious disappearance;
- (x) Damage or loss due to riot, strike or civil commotion;
- (xi) Loss or damage caused by dishonesty of Your employees or agents. or wrongful conversion by any person having access to or permitted to use the Equipment during the Term, or any other time (either before or after the Term) when the Equipment is not physically in Our possession;
- (xii) Damage resulting from failure to properly clean or maintain the Equipment, including, without limitation, failure to maintain proper pressure levels or proper levels of oil, fuel, lubricants, hydraulic fluid, brake fluid and/or coolant;
- (xiii) Damage resulting from use in any war, insurrection, civil commotion, or other hostile manner;
- (xiv) Loss or damage due to failure to secure the Equipment (e.g. by leaving it in an unprotected area, leaving keys in the ignition, etc.);
- (xv) Damage resulting from loading or unloading the Equipment;
- (xvi) Damage arising from the use of the Equipment in a manner which violates the terms of this Contract or applicable law; and
- (xvii) Any damage to any vehicle above the cab of such vehicle.
If any of the Equipment is to be used for a commercial purpose or is otherwise designated as “Customer Insured” on Page 1, You agree to maintain (a) property damage and casualty insurance on an “all risks” basis for the full replacement cost of the Equipment (including without limitation, all risks of loss or damage covered by the standard extended coverage endorsement) with such deductibles, if any, as may be acceptable to Us in our sole discretion; and (b) commercial general liability insurance with minimum limits of $1,000,000 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 Us as an additional insured and loss payee on a “closed clause” basis. All such insurance shall be primary, without any sell-insured retention, and shall waive subrogation against Us. You agree to provide to Us copies of the proper endorsements for the above coverage’s specifying that they will not be cancelled during the Term, or any other time (either before or after the Term) when the Equipment is not physically in Our possession. Any insurance We carry will be deemed to be in excess of Your insurance.
If You fail to observe or comply with any provision of this Contract or any other agreement between You and Us in a timely manner, if You seek bankruptcy protection or if an involuntary proceeding in bankruptcy is commenced against You, the same will be deemed an immediate and material breach of, and an event of default under, this Contract, whereupon We may, at Our option, exercise any or all of the following remedies: (a) Termination of this agreement; (b) Retake the equipment; (c) Declare all Rent and charges due and coming due under this Agreement, as well as attorneys’ fees, if We opt initiate legal processes to recover the monies; and (d) Pursue any and all remedies available to Us. Any remedy exercised shall not constitute a waiver of any additional remedies to which We may be entitled.
16. RETAKING OF EQUIPMENT
If for any reason it becomes necessary for Us to retake the equipment, We may take the equipment without further notice of further legal process.
17. LIEN GRANTS
To the extent permitted under applicable law, in order to secure payment and performance of Your obligations arising under this Contract, You hereby grant Us (a) a continuing security interest in (i) any and all personal property owned by You and located at the Site, and (ii) all personal property placed in any and all vehicle(s) and trailer(s) rented from Us (and this Contract shall operate as a Security Agreement for such purposes, vesting in Us all rights available under the Uniform Commercial Code, as adopted in the state(s) in which Our business operations are conducted), and (b) a mechanic’s lien on the Site and all improvements constructed therein or thereon. You further authorize Us to file this Contract of public record, as a Financing Statement (with respect to any and all goods that are or are to become fixtures) or otherwise, in Our sole discretion.
18. TERMS AND CONDITIONS OF SALE (ONLY APPLIES TO ITEMS BEING SOLD, NOT RENTED)
In consideration of the purchase of the Equipment described, by the undersigned (hereinafter referred to as the “Buyer”) from the company named on reverse side (hereinafter referred to as the “Dealer”), upon the terms and conditions, and for the price herein specified, it is agreed as follows: USED PRODUCTS The Buyer hereby acknowledges that the product(s) described on the reverse side hereof, which is the subject of this sale, is a “used product” and is being sold on an “as is” and “with all faults” basis. The Dealer, as the seller, makes NO expressed warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR purpose and the DEALER does NOT make any implied warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE or any other warranties unless the DEALER has so provided in writing and the writing is signed by an AUTHORIZED REPRESENTATIVE of the DEALER. I, the Buyer, hereby acknowledge that I have read all of the above terms and conditions of sales and that I understand that this is an “as is” sale of used goods. NEW PRODUCTS Buyer acknowledges that the ONLY warranties provided with this product(s) are those provided by the manufacturer and that the DEALER makes NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, either expressed or implied.