Terms & Agreement

Inspection; Loading/Unloading. When receiving/picking up the Company’s Equipment at the Customer’s requested delivery/pick up address/location, a thorough inspection is performed on the Equipment by the Company’s employee and the Customer. An Equipment Delivery/Pickup/Check-In Inspection Checklist, hereinafter “Checklist,” is filled out by the Company’s employee and signed by the Customer indicating agreement with the condition of the Equipment at the time of delivery/pick up. The Customer is liable for any damages noted on the Checklist at the time of pick up that were not noted at the time of delivery.

Use. Customer acknowledges that Company has no control over the use of the Equipment by Customer, the trade or occupation of Customer, or the qualifications or lack thereof of Customer. Customer shall use and operate the Equipment and assumes all responsibility to ensure that the Equipment is used:
(i) at the address/location designated on the front of the Invoice (unless Customer notifies Company of another address/location at which the Equipment will be used and the duration of intended use at such other address/location), forfeitures, or penalties for violations of any statute, law, ordinance, rule, or regulation of any duly constituted public authority. All licenses, fees, or taxes arising from Customer’s use of the Equipment shall be paid by Customer.
(ii) for the purposes for which the Equipment was manufactured and intended as set forth in the Manufacturer’s safety and operating instructions, and
(iii) by a Properly Trained individual, defined as a person employed by the Customer who has received the training necessary to operate the Equipment in a correct and safe manner. Use of the Equipment in violation of any of the preceding clauses (i), (ii), or (iii) is prohibited and shall constitute “Improper Use.” Customer shall not permit any Equipment to be operated or used in violation of any applicable federal, state, or local statute, law, ordinance, rule, or regulation relating to the possession, use, or maintenance of the Equipment. Customer will indemnify and hold Company harmless from all liabilities, fines,

Rental Period. The Rental Period shall mean the period of the time during which the Equipment is rented to Customer, said time period being set forth on the Invoice, including any extension granted pursuant to Section 4, below, except where earlier terminated upon Customer’s return of the Equipment to the Store, as evidenced by a return receipt issued to Customer. During the Rental Period, Customer shall be liable for the rental rate stated on the Invoice. Company may terminate the Rental Period at any time upon prior notice to Customer and Customer will promptly return the Equipment.

Extension of Rental Period. In the event Customer desires to extend the Rental Period beyond the date stated on the Invoice, Customer shall immediately notify Company of such intention and request Company’s approval of such extension. Notwithstanding the foregoing, in the event Customer does not return the Equipment upon the expiration of the Rental Period and has not extended this Contract in accordance with this Section 4, the Rental Period shall continue until such time as the Equipment is returned and Company shall be entitled to pursue any and all of its rights and remedies as set forth under Section 15 below.

Return of the Equipment. Customer acknowledges that (i) Customer shall return Equipment to the Store during normal business hours or call and make arrangements if returning after business hours (or such other address/location as Company may direct) at the end of the Rental Period, (ii) Company may suffer economic damages, for which Customer will be liable, as a result of Customer’s failure to timely return the Equipment and (iii) until such time as Customer returns the Equipment, Customer will be liable for the applicable rental rate stated on the Invoice.

In addition, FAILURE TO RETURN THE EQUIPMENT WITHIN SEVENTY-TWO (72) HOURS OF THE EXPIRATION OF THE RENTAL PERIOD, IN CERTAIN CIRCUMSTANCES, MAY BE CONSTRUED AS EVIDENCE OF AN INTENTION TO UNLAWFULLY APPROPRIATE WITH INTENT TO DEPRIVE THE COMPANY OF THE EQUIPMENT AND MAY BE CONSIDERED A THEFT RESULTING IN CRIMINAL PROSECUTION.

Customer acknowledges that even though Customer has requested a pickup of the equipment, Customer remains responsible for the Equipment pursuant to the terms of this Contract until the Equipment is retrieved by Company. Customer shall return the Equipment in the same condition as the Equipment was when received according to the Checklist, reasonable wear and tear excepted, and Customer agrees to pay for any loss or damage to the Equipment occurring during the Rental Period. Reasonable wear and tear shall only mean the normal deterioration of Equipment caused by ordinary and reasonable use on a One-Shift basis (defined in Section 6 below). Reasonable wear and tear shall not be deemed to include any damage resulting from Improper Use. Customer will be assessed a cleaning charge for Equipment returned unclean (Environmental Fee).

Payment. A deposit fee will be paid by Customer’s credit card for rentals in advance unless an approved credit account has been established. After return of the Equipment, Company will charge Customer’s credit card for the exact amount of the rental charges and any additional fees. Payment from Customers with approved credit is due upon receipt of the invoice via e-mail or U.S. mail. Rental rates are based on time-out from the Store per day and ordinary and reasonable use on a one-shift basis.
“One-Shift” means use of Equipment for eight (8) hours per day, forty (40) hours per week, or one hundred sixty (160) hours per four (4) week period, as applicable for daily, weekly and four (4) week periods. Use of the equipment by Customer in excess of One-Shift will be billed proportionally for such greater usage.

Obligations Survive Lease Term. The indemnities, assumptions of risk, liabilities, and obligations of Customer arising under this Contract will continue in effect after the termination of this Contract, regardless of the reason for termination.

Loss or Total Destruction of Equipment. In the event of loss or total destruction of the Equipment, or the loss of possession thereof, or Customer’s inability to return the Equipment to Company, for any reason whatsoever, Customer shall pay to company the full replacement value of the Equipment, together with the applicable rental rate on the Invoice until such time as Company, using commercially reasonable efforts, is able to replace the Equipment.

Maintenance and Storage of Equipment. Company shall, at its own expense, maintain the equipment while at Customer’s address/location in a careful and proper manner and, in any event, in accordance with the manufacturer’s specifications. Customer shall store the Equipment in a safe and secure location and shall take all commercially reasonable measures necessary to protect the equipment against theft, vandalism, or criminal mischief. Customer shall be responsible for refueling Equipment as necessary and shall be charged if Equipment is returned with less than a full tank of fuel.

Damage or Malfunction of Equipment. If the Equipment is damaged (including damage caused by unreasonable wear and tear or Improper Use or damage to tires) or malfunctioning in any way, Customer shall immediately notify Company of such damage or malfunction and immediately discontinue use of the Equipment. Company agrees that it will, within a reasonable period of time, repair the Equipment (or, at Company’s sole discretion, replace such equipment with a like piece of Equipment) and Customer shall be liable to Company for (i) the cost, including parts and labor either incurred by Company to have the Equipment repaired by a third party or customarily charged by Company to perform such repairs, and (ii) the applicable rental rate on the Invoice until such repair has been completed, except that Customer shall not be liable for the foregoing if the Equipment is malfunctioning (not damaged) and such malfunction is not related to Customer’s use or operation of the Equipment. If Company determines that the Equipment is damaged to such an extent that the Equipment cannot be adequately repaired, Company may consider such damage to be a total loss and Customer shall be liable to Company as though such damage constitutes a total loss, except as such liability may be reduced by a reasonable estimate of the scrap value, if any, of the Equipment.

Insurance. During the Rental Period, Customer shall maintain, at its own expense, adequate liability, physical damage, public liability, property damage and casualty insurance for the full replacement cost of the Auto or Equipment, including all risks of loss from any damage or liability arising from the handling, transportation, maintenance, operation, possession or use of Auto or Equipment to include the following minimum insurance coverage:

• General liability insurance of not less than $1,000,000.00 (one million dollars) per occurrence, including coverage for Customer’s contractual liabilities herein such as the indemnification clause contained in Section 20;

• Property insurance against loss by all risks to the Equipment, in an amount at least equal to the replacement cost thereof;

• Worker’s compensation insurance as required by law; and

• $1,000,000 combined single limits of Commercial Auto Liability to include coverage for any auto or hired and non-owned autos, and mobile equipment (collectively, the “Insurance Coverage”).

  Such policies shall be primary,non-contributory, on an occurrence basis, contain a waiver of subrogation, nameCompany and its agents as an additional insured (including an additional insuredendorsement) and loss payee, and provide for Company to receive at least 30 daysprior written notice of any cancellation or any material change. Any insurance thatexcludes boom damage or overturns is a breach. Customer shall provide Company with certificates of insurance evidencing the coverages required above prior to anyrental and any time upon Company’s request. To the extent Company carries anyinsurance, Company’s insurance will not be considered excess insurance. Therequired Insurance Coverage does not relieve Customer of its responsibilities,indemnification, or other obligations provided herein, or for which Customer may beliable by law or otherwise.

Subrogation. In the event of any loss or damage to the Equipment for which Customer may have a right of recovery, Company will be subrogated to any such right of Customer to recover against any person, firm, or corporation and Customer will execute and deliver whatever else is necessary to secure such rights. Customer will cooperate fully with Company and/or its insurer(s) in the protection of Company’s right to subrogation and will neither take nor permit any action to prejudice Company’s rights or its insurer’s rights with respect thereto.

Ownership of Equipment. Company holds all title and ownership rights in the equipment. Customer shall not (i) pledge or mortgage the Equipment, (ii) subject the equipment, or allow it to be subjected to, any lien, or (iii) permit any charge against, or encumbrance on, the Equipment. To protect Company’s ownership of the Equipment and to enforce Company’s rights under this Contract, Customer agrees that Company may inspect and examine the Equipment, observe Customer’s use and operation thereof, and retake the Equipment at any time Company reasonably believes the Customer has compromised, in any way, Company’s ownership interest in the Equipment.

Financing. This Contract and all of Customer’s rights to the Equipment are subject to and subordinate to any rights, title, and interest of any and all persons who have financed or leased the Equipment to Company pursuant to certain contracts or instruments (Financing). Customer acknowledges that this Contract and any and all rights to the Equipment shall, at the option of such persons, terminate upon the occurrence of on event of default under such Financing.

Default. Customer’s failure to perform any provision of this Contract shall give Company the right to terminate this Contract and retake possession of the Equipment, holding Customer fully liable for all rental payments through the date of retaking and damages, costs, and expenses resulting therefrom, and to pursue any and all other remedies available at law and in equity. Customer agrees that Company and its agents may enter the premises where the Equipment is located and take all action necessary to take control and retake the Equipment, without prior notice to Customer and without process of law, and Customer HEREBY WAIVES ANY RIGHT OF ACTION AGAINST COMPANY FOR SUCH RETAKING OR ENTRY.

Authority to Sign; Complete Information. The person signing the Contract on behalf of the Customer hereby acknowledges that they are a representative or agent for Customer, and that they are authorized to sign this Contract as representative or agent, and by their signature the Customer is liable in full for payment of all charges and performance of all obligations imposed upon Customer pursuant to this Contract. Customer represents and warrants that all information furnished to Company by Customer is true, correct, and complete.

Company is not the Manufacturer. Customer acknowledges that Company is neither the manufacturer of the Equipment nor the agent of such manufacturer.

Warranty Disclaimer. COMPANY MAKES NO REPRESENTATION, COVENANT, OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION, MERCHANTABILITY, QUALITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE EQUIPMENT, except that Company warrants that it will have title to each item of Equipment at the time specified for delivery. WITH RESPECT TO COMPANY’S DUTY TO CUSTOMER, IT IS EXPRESSLY AGREED THAT COMPANY RENTS THE EQUIPMENT “AS IS” AND “WITH ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST COMPANY. COMPANY IS NOT LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF THE EQUIPMENT TO OPERATE OR THE FAULTY OPERATION OF THE EQUIPMENT. COMPANY IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE INSTALLATION, OPERATION, OR USE OF THE PRODUCTS FURNISHED BY COMPANY. CUSTOMER ACKNOWLEDGES THAT IT IS RELYING SOLELY ON ITS

OWN EXAMINATION OF THE EQUIPMENT AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, FROM COMPANY.

Risk of Loss and Liability Assumed by Customer. CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR THE LOSS OF OR DAMAGE TO THE EQUIPMENT, FOR THE DEATH OF OR INJURY TO ANY PERSON OR PROPERTY OF ANOTHER, AND FOR ALL OTHER RISKS AND LIABILITIES ARISING FROM THE USE, OPERATION, CONDITION, POSSESSION, OR STORAGE OF THE EQUIPMENT. NOTHING IN THIS CONTRACT AUTHORIZES CUSTOMER OR ANY OTHER PERSON TO OPERATE ANY OF THE EQUIPMENT SO AS TO IMPOSE ANY LIABILITY OR OTHER OBLIGATION ON COMPANY.

INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES OR COSTS (INCLUDING BUT NOT LIMITED TO, ATTORNEY’S FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF INCOME OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES) CAUSED BY OR IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE OPERATION, USE, MAINTENANCE, INSTRUCTION, POSSESSION, TRANSPORTATION, OWNERSHIP OR RENTAL OF THE AUTO OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY SUCH LIABILITY, CLAIM, LOSS, DAMAGE OR COST FOUNDED, IN WHOLE OR PART, UPON THE NEGLIGENCE OF CUSTOMER OR THE PROVISION OF ANY ALLEGEDLY DEFECTIVE PRODUCT BY COMPANY, THIS IDEMNITY PROVISION APPLIES TO ANY CLAIMS ASSERTED AGAINST COMPANY BASED UPON CIVIL LIABILITY, STRICT OR PRODUCT LIABILITY CAUSES OF ACTION, BREACH OF WARRANTY OR UNDER ANY OTHER THEORY OF LAW.

Severability. The provisions of this Contract shall be deemed severable, so that any part found to be invalid or unenforceable shall be deemed excluded, and the remaining parts shall remain in full force and effect.

Waiver. Any failure by Company to insist upon strict performance by Customer of any term of this Contract shall not be construed as a waiver by Company of its right to demand strict compliance herewith.

Captions. The captions herein are provided solely for reference and shall have no bearing on the interpretation of this Contract.

Entire Agreement. This Contract embodies the entire and final understanding between Company and Customer with respect to the Equipment Rental and supersedes any preexisting agreements, representations, or warranties with respect thereto, whether oral or written.

Assignment. Customer shall not assign, transfer, or sublet Customer’s rights or obligations under this Contract. Company may assign, transfer, or sublet Customer’s rights or obligations under this Contract without the consent of Customer.

Sales Tax. If a Sales Tax Certificate provided by the Customer is determined to be invalid at a later date, the Customer shall be responsible for paying any and all sales tax, interest, and penalties the Company incurs as a result of such invalid certificate.

Attorney’s Fees. Customer shall pay all costs and expenses, including attorney’s fees, incurred by Company in exercising any of its rights or remedies under this Contract, or in enforcing any of the terms, conditions, or provisions of this contract.