RENTAL CONTRACT TERMS AND CONDITIONS
The Lessor, hereby rents to the Lessee, identified by his signature on this contract the personal property described, subject to all terms and conditions of contract: The Lessee in consideration thereof, acknowledges and agrees as follows:
1. INSPECTION. The Lessee acknowledges that he has personally inspected the equipment finds it suitable for his needs and in good condition, that he understands its proper use and agrees to inspect the equipment prior to use and notify the Lessor of any defects.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If equipment becomes unsafe or in disrepair, Lessee agrees to discontinue use and notify the Lessor who will replace the equipment with similar equipment in good working order, if available. The Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise. Lessee is responsible for checking water and oil, and greasing equipment daily.
3. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. There is no warranty that the equipment is suited for the Lessee's intended use, or that it is free from defects.
4. HOLD HARMLESS AGREEMENT. The Lessee agrees to assume the risks of, and hold the Lessor harmless for property damage and personal injuries caused by the equipment and/or arising out of the Lessor's negligence, The Lessee shall indemnify and hold the Lessor harmless from any claims of third parties for loss, injury and damage to their persons and property arising out of the Lessee's possession, use, maintenance or return of equipment, including legal cost incurred in defense of such claims.
5.PROHIBITED USES. Use of equipment in the following circumstances is prohibited and constitutes a breach of contract: (a) Use for illegal purposes or in an illegal manner. (b) improper. unintended use or misuse. (c) Use by anyone other than the Lessee or his employees, without The Lessor's written permission. (d) Use at any location other than the address furnished the Lessor without the Lessor's written permission, except trailers.
6. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. The Lessor may assign its rights under this contract without the Lessee's consent but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor's written permission. Any purported assignment by the Lessee is void.
7. TIME IS OF ESSENCE, TIME OF RETURN AND PICKUP. The Lessee's right to possession terminates on expiration of rental period and retention of possession after this time constitutes a material breach of this contract. Late fees will be applied at the rate of the reservation plus any additional fees are at the discretion of the Lessor. Time is the essence of this contract. Any extension must be mutually agreed upon in writing. For pickup rental reservations a pickup and drop off time will be given to you by Lessor. If Lessee is running late, they must call Lessor to let them know they are running late so that Lessor can best accommodate. For pickups there is a 5 minute grace period. If Lessee is 6 minutes or more late for the pickup reservation time, the reservation pickup time may need to be rescheduled, and a $30 late fee may be applied to Lessee account, or the rental reservation may be canceled with no refund.
8. RETURN OF EQUIPMENT. At the termination of this agreement, Lessee shall return all of the Equipment to Lessor's premises during Lessor's regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Lessor's regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee. Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor.
8A. ORDER CANCELLATION. Canceled orders the same day are eligible for a full refund less a 3% cancellation fee due to credit card processing. Canceled orders after the same day the order was placed are subject to the cancellation fee of 50% of the order total at the discretion of the Lessor.
8B. ORDER CHANGES. Changes to dates of orders are not eligible for a refund.
9. DAMAGED OR LOST EQUIPMENT. The Lessee agrees to pay for any damage to or loss of equipment, as an insurer, regardless of cause, except reasonable wear and tear while equipment is out of possession of The Lessor. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. Equipment damaged beyond repair will be paid for at its Replacement Cost when rented. Charges for loss of potential rental time for Lessor will be charged to Lessee. Lessee is responsible for damage to tires and tubes caused by blowout, bruises, cuts, road hazards, and other causes inherent to use of equipment.
9A. DAMAGE WAIVER - The Lessee can choose to be charged a damage waiver fee of 15% on all rentals. When chosen, the lessor waives its right to recover direct costs, set as a maximum of $300, associated with damage or destruction of rental equipment while in the possession of the lessee. The lessee may decline damage waiver coverage if the lessor is provided with a current insurance certificate that names the lessor as additional insured and loss payee. Providing lessor with an insurance certificate removes damage waiver on current rental and must be provided for every rental going forward in time and may not be used retroactively by lessee. Damage waiver is not an insurance, nor is it a warranty, it does not cover negligence or neglect by lessee and has a set of exclusions and exceptions that are set forth below in section 9 a-f.
9B. DAMAGE WAIVER MANDATORY: The Lessee must purchase damage waiver on specific equipment designated by Lessor. Damage waiver on mandatory equipment is subject to a $3000 deductible payable by Lessee.
10. THEFT OF EQUIPMENT. Lessee is responsible for theft of equipment. Keep it locked. The Lessee agrees to pay for equipment (at its replacement cost when rented) for all types of theft or mysterious disappearance. Damage Waiver does not cover theft. Charges for loss of potential rental time for Lessor will be charged to Lessee.
11. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection, attorneys and court fees and other expenses involved in the collection of the charges or enforcement of the Lessor's rights under this contract.
12. REPOSSESSION. Upon a failure to pay rent or other breach of this contract the Lessor may terminate this contract for breach, the Lessor may terminate this contract and take possession of and remove equipment from whenever it is, and the Lessor and his agents shall not be liable for any claims for damage on trespass arising out of the removal of the equipment.
13. DISCLAIMER OF MANUFACTURE. The Lessee agrees that the Lessor is neither the manufacturer of the equipment nor the agent of the manufacturer.
14. LOADING AND UNLOADING EQUIPMENT. If the Lessor's employees assist in loading or unloading the equipment, the Lessee agrees to assume the risk of, and hold the Lessor harmless for any property damage or personal injuries, including damage or injuries attributable to the negligence of the Lessor and its employees.
15 THEFT. That the Lessor of its own discretion may report as stolen all personal property not returned within the date listed in the "Date and Time Due In" section of the contract or if conditions and circumstances indicate theft before that time.
16. INSPECTION OF TRAILER HITCH. The Lessee agrees to inspect the trailer coupling mechanism and safety chain before leaving the Lessor's premises. The Lessee also agrees to inspect the equipment, periodically (every 100 mi.) and to maintain the coupling and chain in a safe and secure condition.
17. WAIVER OF CLAIMS. The Lessee waives all claims for personal injury. property damage to the transported equipment, loss of time or inconvenience arising out of the use of a trailer, or any accident or breakdown.
18. DAMAGE TO BUMPERS. The Lessor is not liable for damage to the Lessor's bumper or automobile done by detachable hitches.
19. ACCIDENT NOTIFICATION. The Lessee will immediately notify the Lessor in the event of any accident.
20. OVERDUE ACCOUNTS. Accounts are due and payable at the termination of the rental period. A service charge may be assessed on all overdue accounts.
21. SCAFFOLDING EQUIPMENT RENTAL. When renting scaffolding, Lessee agrees that if going up three tiers to use handrails and outriggers, and not to exceed three tiers in height. Lessor delivers scaffolding to entry of job site, Lessee is responsible for setting up and breaking down scaffolding.
22. BOOM LIFT EQUIPMENT RENTAL. When renting any boom lifts, Lessee agrees to wear a safety harness. Safety harness is not provided by Lessor.
23. VEHICLES. The California Vehicle Code requires a second rear view mirror to be located on the right hand side of the motor vehicle if the trailer or load obstructs the driver's view. Equipment that is self propelled diesel 25 horsepower and above that is considered Off-Road cannot idle for more than 5 consecutive minutes. Lessee understands these instructions and agrees to comply with these operating and safety instructions.
24. FUEL CHARGES. The Lessee is responsible for filling tool or equipment with the correct fuel type. Fuel charge fees may apply at the discretion of the Lessor.
25. CLEANING. Lessee is responsible for returning equipment clean. Cleaning fee's may apply at the discretion of the Lessor.
26. ACCOUNTS. Lessee is able to create an account and add representatives to their account. Representatives are able to rent and charge equipment rentals to the account and account payment method on file. By creating an account, and signing this agreement the first time, the Lessee, account owner, grants authorized representatives the ability to create orders under the account, and waives the requirement to sign for each subsequent order.
27. PAYMENTS. Rentals payable in advance. Rental rates do not provide option to purchase. Lessee to pay all transportation and delivery costs. Rates subject to change without notice. Lessor charges for time out - not time used.
28. GENDER PRONOUNS. All personal pronouns used in this Agreement, whether used in the masculine, feminine or neuter gender, shall include all other genders, and the singular shall include the plural and vice versa.
29. SAFETY. If Lessee does not understand, or forgets safety and or operating instructions or if the equipment fails, Lessee agrees to not attempt to operate or attempt to repair it. Lessee will discontinue use and notify Lessor immediately.
30. SUBLETTING. Lessee shall not sublet the equipment or move the equipment from the address at which Lessee provided for original work order without notification to the Lessor.
31. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Lessor to insist upon strict performance by Lessee as regards to any provision of this agreement shall not be interpreted as a waiver of Lessor's right to demand strict compliance with all other provisions of this agreement against Lessee or any other person. The provisions of this agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not affect any other provision.
32. INSURANCE. Lessee shall maintain in full force and effect during the term of this agreement separate General Liability and Automobile insurance policies with coverage limits for bodily injury, including death, personal injury and/or property damage that will respond as primary coverage for Lessee's liability and all obligations outlined under this agreement. In addition to the foregoing, Lessee shall maintain Property Insurance in an amount adequate to cover any loss and/or damage to the equipment, up to full replacement cost. Lessee shall furnish Lessor with a Certificate of Insurance evidencing the foregoing insurance requirements and naming Lessor as an additional insured. Lessee to furnish Lessor with Lessees liability insurance and provide certificate naming Lessor as an additional insured and a loss payee.
33. MISCELLANEOUS. This agreement may be executed or delivered by facsimile or e-mail and larger font copies are available upon request. If this Agreement is executed or delivered by facsimile or email, Lessee acknowledges receipt of completed aAgreement and agrees to all of the terms and conditions of such Agreement. Lessee and Lessor intend to use and rely on electronic signatures.
33A. Before digging it is the sole responsibility of the Lessee to follow the requirements of the law. Call 811 before digging. By Signing this agreement the Lessee accepts all liabilities and responsibilities for digging.
33B. Lessee authorizes and instructs Lessor to submit all Lessee charges to Lessee credit card account.
33C. WARNING: THIS PRODUCT CONTAINS OR PRODUCES ONE OR MORE CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS (OR OTHER REPRODUCTIVE HARM).
33D. Lessee is liable for all fire damage from any source including rental equipment and Lessee acknowledges that it is a violation of California Civil Code sections 4442 or 4443 and Lessee assumes potential civil liability from use or operation of ny internal combustion engine on any forest, brush, or grass covered lawn even if the engine is equipped with a spark arrestor.
33E. Lessee is responsible to comply with all California Air Resources, Board, State and local Air Quality Management District rules, and regulations, including, but not limited to all Silica, Dust requirements, Fugitive Dust Provisions, recordkeeping, notification of use, permits, and registrations.
33F. Lessee is fully aware and acknowledges that the terms and conditions of this agreement shall apply to all subsequent rentals by Lessee. Lessee further agrees that the terms and conditions of this agreement shall govern all future delivery should Lessee fail or be unable to sign the agreement before or at time of delivery or pickup.
33G. Lessee is responsible for identifying and disclosing to Lessor all below ground obstacles. Lessor is not responsible for damage to above or below ground obstacles.
33H. Waiver of jury trial. The parties hereby waive the respective rights to trial by jury in any action or proceeding arising out of this agreement.
33I. Lessee waves any rights and or claims to property left with equipment and instructs Lessor to turn over such property, within a reasonable period of time, and without duty of Lessor to inspect, protect or inventory such property, to the police department of the city where Lessor is located.
33J. Lessee instructs Lessor to deliver equipment to address which Lessee represented it will be used and to leave such equipment at such location, even if Lessee is not present and shall be responsible for such equipment, pursuant to the terms and conditions of this agreement.
33K. Lessee agrees to be bound by the terms and conditions of agreement for all future deliveries, and authorizes Lessee’s agent’s signature of agreement.
33L. Lessee authorizes agrees, and is fully aware of the Lessors possible use of tracking devices.
33M. Lessee agrees to make all payments in US currency.
33N. Lessee agrees a convenience fee will be charged for credit card use.
34. DEFAULT. Should Lessee in any way fail to observe or comply with any provision of this agreement, Lessor may, at it’s sole discretion, terminate this agreement, retake the equipment, declare any charges due and payable and initiate legal process to recover monies owed, and/or pursue any other legal rights and remedies available. Exercise of any remedies available shall not constitute an election of remedies or a waiver of any additional remedies which Lessor may be entitled.