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 and working order if available. Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.
3. Warranties: There are no warranties of merchantability or fitness, either expressed or implied. There is no warranty that the equipment is suited for Customer’s 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 Dealer’s at all times. Customer is entitled only to use and possess the Equipment for the Rental Period; subject to the terms of this Contract. Customer will not take, grant, or permit the taking of any (and Customer hereby waives any and all) liens or other similar claims on any portion of any 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 such liens are released as soon as possible.
5. Hold Harmless/Indemnity: Customer assumes all risks associated with the possession, use, transportation, and storage of the Equipment. Accordingly, the customer hereby waives any and all liens and claims arising from or associated with and agrees to indemnify, defend, and hold harmless the Dealer from and against any and all liabilities, claims, damages, losses, costs, and expenses (including without limitation, attorneys’ fees, claims for bodily injury(ies) (including death), property damage, loss of time, and/or inconvenience) resulting from or arising in connection with such possession, use, transportation, and/or storage, regardless of the cause and including any injuries and/or damages suffered by Customer, Customer’s employees, and/or any third party(ies), except to the extent directly resulting from Dealer’s intentional misconduct.
6. Assignment and Subletting: Dealer may, at Dealer’s sole option, assign all or any portion of the Dealer’s rights and/or remedies under this Contract without Customer’s consent. Customer may not assign Customer’s rights or remedies under this contract, nor may Customer sublease or loan any of the equipment to any third party without Dealer’s prior written consent. Any such attempted assignment or sublease by Customer will, at Dealer’s option, be deemed void ab initio.
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 risks and releases and discharges Dealer and the Equipment from any and all liens, liabilities, and claims arising in connection with the same, including, without limitation, any and all claims arising from or in connection with Dealer’s negligence (other than Dealer’s intentional misconduct).
8. Prohibited Uses: Use of the equipment in the following circumstances is prohibited and constitutes a breach of this contract:
(a) Use for an illegal purpose or in an illegal manner.
(b) Use when the equipment is in bad repair or is unsafe.
(c) Improper, unintended use of misuse.
(d) Use by anyone other than Customer or his/her employees, without Dealer’s written permission.
(e) Use at any location other than the address furnished Dealer without Dealer’s written permission. (Does not apply to mobile equipment)
Assignments, Subleases, and Loans of Equipment: Dealer may assign his rights under this contract without Customer’s consent but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Dealer’s written permission. Any purported assignment by Customer is void.
9. Time of Return: Customer’s right to possession terminates on the expiration of the rental period (“Due in” date & time) and retention of possession after this time constitutes a material breach of this contract. Time is of the essence in this contract. Any extension must be mutually agreed upon in writing.
10. Late Return: Customer agrees to return the rented goods during Dealer’s regular store hours, upon expiration of the rental period (“Due in” date & time). Customer agrees that if the rented goods are held beyond the expiration of the rental period, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.
11. 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 goods are out of the possession of the dealer. Customer also agrees to pay a reasonable cleaning charge for equipment returned dirty.
12. Time of Payment: Accounts are due and payable at the termination of the rental period. A carrying charge of 1.5% per month (annual rate of 18%) will be charged on all overdue accounts.
13. Collection Costs: Customer agrees to pay all reasonable collection, attorney’s, and court fees and other expenses involved in the collection of the charges or enforcement of Dealer’s rights under this contract.
14. Repossession: Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.
15. Inspection of Trailer Hitch: Customer agrees to inspect the trailer coupling mechanism and safety chain before leaving Dealer’s premises. Customer also agrees to inspect the equipment periodically (every 100 miles) and to maintain the coupling and chain in a safe and secure condition.
16. Severability: The provisions of this contract shall be severable so that the invalidity, unenforceability, or waiver of any of the provisions shall not affect the remaining provisions.
17. Loading and Unloading Equipment: Customer is responsible for loading and unloading equipment. If Dealer’s employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Dealer and/or its employees harmless for any property damage or personal injuries.
18. Property Damage: Not responsible for any damage whatsoever as a result of on-the-job deliveries or pickups by Dealer.
19. 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 Customer’s use or operation of the vehicle/equipment & tents.
20. Underground Facilities: Customer agrees to have all Underground Facilities in the vicinity of the Equipment installation clearly marked prior to the arrival of Dealer’s work crew. Customer assumes full responsibility for damage to all Underground Facilities.
21. Equipment Failure: If Equipment fails to start, breaks, malfunctions, becomes unsafe, or needs repair, Customer agrees to discontinue use, notify Dealer, and return the Equipment if directed.
22. Fuel Surcharge: Equipment with gas/diesel engines must be returned full of fuel, or Customer will be charged at the current Dealer’s Rate.
23. Site Preparation: If Dealer has agreed to deliver Equipment, Customer agrees to have the site clean and ready for delivery, installation, dismantling, and retrieval.
24. Insurance: If Equipment is used for a commercial purpose, Customer agrees to maintain insurance for the full replacement cost and liability insurance of at least $1,000,000.
25. Damage Waiver: If Customer pays the damage waiver charge (DWC), Dealer agrees to modify liability terms for accidental damage, except for theft, misuse, or intentional damage.
26. Waiver of Jury Trial: Both parties waive their right to a jury trial for any disputes related to this contract.