Equipment Rental Agreement

Terms and Conditions:

1. Disclaimers. Lessor hereby disclaims and excludes all warranties with respect to the Rented Equipment, and any items sold in connection therewith, and this contract, whether express, implied or statutory, and specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. Without limiting the generality of the forgoing, there is no warranty that the Rented Equipment is suited for Renter’s intended use, or that it is free from defects. Lessor specifically disclaims, and shall not be responsible for, consequential, incidental, special, indirect, or punitive damages of any kind in connection with the Rented Equipment or this contract.

2. Warning: Assumption of Risk Indemnity, Insurance Release. Renter has been warned by the Lessor and the Renter understands and agrees that Equipment such as the Equipment being rented is inherently dangerous and that even when exercising due care and proper operating procedures, Renter or Bystanders could be seriously injured or killed due to the unpredictable nature of construction related equipment, equipment failure and/or job site conditions, Renter still wishes to rent the above described Equipment notwithstanding of the foregoing.

3. Renter assumes all risks inherent in the operation and use of the Rented Equipment by Renter and anyone else. Renter agrees to defend, indemnify, and hold harmless the Lessor from any and all claims, damages, fines, expenses (including without limitation, attorney’s fees), and losses (collectively, “claims”) that may be imposed upon or incurred by Lessor resulting or arising from (a) the operation, use, possession or transportation of the Rented Equipment, whether or not such Claims relate to personal injury, sickness, disease, death, property damage, delay, inconvenience, or the economic loss, regardless whether such Claims are alleged or proven to be due in whole or in part, to negligence or the defective condition of the Rented Equipment or (b)Renter’s breach of this Contract. Renter agrees to maintain insurance sufficient to enable it to satisfy its duties hereunder. Renter hereby releases Lessor from any and all Claims for personal injury, sickness, disease, death, property damage, delay, inconvenience, or economic loss resulting or arising from the operation, use, failure, possession or transportation of the Rented Equipment.

4. Discontinuance of Use, Limits on Liability. Renter agrees to inspect the Rented Equipment prior to each use. Renter agrees that in the event any item of the Rented Equipment is defective, becomes unsafe, or in disrepair, Renter will immediately discontinue use of such item and promptly notify Lessor. If the condition is not the responsibility of the Renter, Lessor agrees, at its option, to repair the item within a reasonable amount of time, to replace the item with property of a like kind if available, or to adjust the rental charge. Such repair, replacement or adjustment shall be the Lessor’s sole responsibility, and Renters sole remedy in the event that the rented Equipment is defective or becomes unsafe or in disrepair. Lessors’ liability for any other breach of this Rental Contract shall be limited to direct damages in an amount not to exceed the amount of the rental charges actually collected from the Renter. This provision does not release Renter from Renter’s other obligations under this Contract. 

5. Return of Equipment. Renter agrees to make the Rented Equipment available for pick–up at the designated time. 

6. Damage, Theft, or Loss of Equipment. Renter assumes the entire risk of loss, theft, or damage, regardless of cause with respect to the Rented Equipment until it is returned and in the possession of, and control of, the Lessor. In the event of damage, loss, or theft to any of the Rented Equipment, Renter shall pay Lessor upon demand and in addition to rental charges and all other amounts due, the full cost of repair/replacement of the Rented Equipment. The cost of replacing the Rented Equipment that is lost, stolen or otherwise damaged beyond repair shall be deemed to be the replacement cost of the Rented Equipment when received by Renter. Renter agrees to provide adequate insurance to repair/replace Rented Equipment. Renter agrees to provide insurance information to Lessor upon request. Renter agrees that the Renters insurance will be the primary agent when recovering the Lessors loss due to theft, damage, or loss.

7. Renter’s Covenants. Renter understands the proper use of the Rented Equipment. Renter also agrees and covenants;

   1. That the Renter is satisfied with the instruction Lessor has given in the proper and safe manner of using Rented Equipment, or that the Renter is so familiar with the Rented Equipment and its proper and safe use, and has told Lessor so, that instruction is unnecessary.

   2. The Rented Equipment will be used and kept only at the address indicated. Rented Equipment will not be used for any illegal purpose or in any illegal manner. The Renter will comply with all laws and regulations applicable to the Rented Equipment or its use, and all Rented Equipment will be used for the proper purposes for which it was manufactured, and will not be used if it becomes unsafe or in disrepair.

   3. Renter pays the Lessor $150.00 or 25% per month (whichever is greater) or the highest rate permitted by law on all past due amounts.

   4. No one other than the Renter/Renter’s authorized employees will use, possess, or control Rented Equipment without prior consent. Rented Equipment shall be operated/used only by persons competent in its operation.

   5. Renter shall be solely responsible for providing competent operators and that the Renter possesses or has received adequate safety equipment and instruction. The Lessor, it’s agents and employees have the right to enter Renter’s premises or jobsite premises for the purpose of delivery /pick-up of Rented Equipment. Lessor has the right to drive trucks or equipment onto the Jobsite for the purpose of retrieving Rented Equipment. Lessor has the right to drive Rented Equipment from Renters premises or jobsite and will not be held responsible for any damages as a result of picking up Rented Equipment.

   6. Lessor is not responsible for dirt, mud or tire tracks left on public or private roadways as a result of pickup or delivery. Renter agrees that excess mud, dirt, material or debris left in or on machine will be dumped or removed from Rented Equipment and left on the ground at the point where the Rented Equipment was made available for pickup. 

   7. Renter agrees to convey all Rented Equipment delivery and pickup requirements to any and all necessary persons or entities and secure cooperation from same. 

8. Continuation and Implied Consent of Agreement. Renter agrees the Terms of this Agreement apply to each and every rental by the Renter from Lessor and each and every piece of Equipment rented by the Renter from Lessor is intended to be covered by this Agreement whether specifically listed above or not. This Agreement shall continue in full force and effect and be binding on Renter so long as Renter is in possession of Rented Equipment. Renter agrees that each and every Rental Agreement, either verbal or written, will be bound by these Terms and Conditions and will be in full force and effect on all successive and future rentals, regardless of Equipment rented. Renter agrees that this Agreement is not date specific and will be binding until which time Lessor’s business practice or terms are revised. Renter will be notified of change.

9. Acceptance of Rates. Renter agrees to and will pay the published Rental Rates and agrees to let their credit card on file be charged.