THIS AGREEMENT IS FOR THE RENTAL OF THE EQUIPMENT SHOWN ON THIS WEBSITE, INCLUDING ALL PARTS OF AND ACCESSORIES TO SUCH EQUIPMENT (“EQUIPMENT”).
1. RENTAL PERIOD: Rental One (“Lessor”) hereby rents the Equipment to Customer (“Lessee”) for the period commencing on its delivery to Lessee and ending upon its return to Lessor’s premises, subject to a charge for minimum rental period. Lessor may terminate rental at any time by written notice to Lessee and/or by retaking the Equipment. Unless otherwise specified, rental is for a one day period. No allowance will be made for Sundays, holidays, or time in transit, nor for any period of time the Equipment may not be in actual use while in Lessee’s possession.
2. EXCESS USAGE CHARGE: Rental rates are for single shift use (up to 8 hours per day). Total charge is based on elapsed time whether Equipment is used or not. Additional hourly charges will apply for usage if in excess of 8 hours/day, 40 hours/week, or 160hours/4 weeks. For such excess, if any, a surcharge will be added based upon prorating the daily, weekly, or 4 week rate, whichever is applicable.
3. INSPECTION AND USE OF EQUIPMENT: Lessee shall inspect the Equipment within twenty-four (24 ) hours after receipt thereof. Unless Lessee within such period of time gives written notice to Lessor, specifying any defect in or other proper objection to the Equipment, Lessee agrees that Lessee shall be conclusively presumed, as between Lessor and Lessee, to have fully inspected and acknowledged that the Equipment is in good condition and repair and that Lessee is satisfied with and has accepted the Equipment in such good condition and repair. Any use of the Equipment during such initial twenty-four (24) hour period will be deemed acceptance of such Equipment by Lessee. Lessee shall not abuse, harm, or improperly operate the Equipment, and shall possess and operate it in conformance with all applicable laws and regulations. Lessee represents and warrants that he shall not allow any person who is not qualified and trained to operate the Equipment or use the Equipment.
4. FAILURE OF EQUIPMENT: In the event of any failure of the leased Equipment, of any nature whatsoever, Lessee at Lessee’s expense shall immediately return it to Lessor’s premises. Without Lessor’s written authorization, Lessee shall not incur any expense on Lessor’s account for the repair of the Equipment.
5. TIRE REPAIR OR REPLACEMENT: Lessee acknowledges that repair and replacement of tires are not included in the rental rate and agrees to pay for the repair or replacement (allowance for reasonable depreciation) of any tires returned to Lessor in a damaged condition (reasonable wear and tear accepted).
6. 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. A cleaning charge will be made on all Equipment returned unclean. 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 will be responsible for all loss or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor.
7. HAZARDOUS MATERIALS: Lessee represents and warrants that Lessee shall return all Equipment,including any and all attachments, tools, and machinery leased from Lessor free of all regulated substances including, but not limited to, hazardous substances, hazardous materials, hazardous wastes, toxic substances, or pesticides, as those terms are defined in applicable federal, state, and local environmental laws, regulations, and rules. Lessee shall indemnify and hold Lessor harmless from and against any and all liabilities, of whatsoever kind or nature, imposed on, incurred by, or served against Lessor in any way relating to Lessee’s breach of the above warranty.
8. DAMAGED EQUIPMENT; REASONABLE WEAR AND TEAR: If the Equipment is returned in a damaged or excessively worn condition, Lessee shall pay Lessor the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until repairs have been completed. Lessor shall be under no obligation to commence repair work until Lessee has paid therefor. Reasonable wear and tear will mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one-shift (eight hours per day, five days per week) basis. The following will not be deemed reasonable wear and tear: damage resulting from lack of lubrication or maintenance of necessary oil, water, and air pressure levels; damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer’s operation and maintenance manual; damage resulting from any collision, overturning, or improper operation of the Equipment, including overloading or exceeding the rated capacity of the Equipment; damage in the nature of dents, bending, tearing, staining, and misalignment to the Equipment or any part thereof; and wear resulting from use in excess of a one-shift basis.
9. DISCLAIMER OF WARRANTIES AND WAIVER OF DAMAGES: LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Lessee’s sole remedy for any failure of or defect in the Equipment will be the termination of the rental charges at the time of failure, provided the Equipment is returned to Lessor within 24 hours. Lessor will not be responsible for any loss, damage, or injury to Lessee and Lessee’s property, including lost profits, incidental, special, or consequential damages, in any way connected with the operation of, use of, defect in, or failure of Equipment.
10. INDEMNITY AND HOLD HARMLESS AGREEMENT FOR PERSONAL INJURIES AND INJURIES OF THIRD PARTIES: Lessee shall indemnify, protect, and hold harmless Lessor, its agents, affiliates, officers, employees, and subsidiaries from and against any and all claims, demands, causes of action, costs, attorneys fees, or other liabilities (including Lessor’s negligence) for damages to property and for injury or death to persons which may arise out of or be connected with any of Lessor’s negligent acts, procedures, uses, maintenance procedures, operations, handling, storage, erection, assembly, or disassembly, servicing or transportation of equipment or any other acts related to rental items provided to Lessee. Except for intentional wrongdoing or gross negligence on the part of Lessor, or any of its agent or employees, Lessee shall also, to the fullest extent permitted by law, indemnify, protect, and hold harmless Lessor from and against any and all claims, demands, causes of action, costs, attorneys fees, or other Iiabilities ( including Lessor’s negligence) arising from any death, accident, injury, or other occurrence, caused by the negligence of Lessor or Lessee’s use or possession of the rented items; and, arising from any interruption, discontinuance, or interference with Lessee’s or third parties’ service or business interest which may be occasioned or which may be claimed to have been occasioned by any action of Lessor pursuant to or consistent with this Agreement. Lessee shall provide legal defense, including attorneys fees and costs, for any and all lawsuits, causes of actions, claims, mediation, arbitrations, or other proceedings brought by third parties and agrees to pay and satisfy any legal obligation incurred by Lessor and resulting from such lawsuit or proceedings. This indemnification agreement by Lessee in favor of Lessor shall provide Lessor with full and complete indemnification, including defense of any suits, actions, or other legal proceedings resulting from and claims for damages to property and injury or death to persons and shall apply to all claims, demands, suits, and judgments of whatever nature which may be made or assessed against Lessor for furnishing rented items or services under the terms of this Agreement or any other thing done or omitted in conjunction with Lessor’s dealings with Lessee.
11. NO THIRD PARTY LIABILITY PROTECTION: In regard to vehicle rentals, including trucks and/or trailers, there is no third party liability protection provided by Lessor. Lessee agrees and warrants that Lessee’s automobile insurance policy will cover and pay for all damages and injuries arising from liability to third parties for bodily injury, death, or property damage caused by or arising from use or operation of any such vehicle as permitted by this Agreement. LESSOR DOES NOT PROVIDE LIABILITY INSURANCE, “UNINSURED MOTORIST,” “UNDERINSURED MOTORISTS” OR SUPPLEMENTARY “NO FAULT” OR OTHER OPTIONAL PROTECTION IN CONNECTION WITH THIS RENTAL; AND LESSOR AND LESSEE HEREBY REJECT, TO EXTENT PERMITTED BY LAW, INCLUSION OF ANY SUCH PROTECTION. In the event that coverage is imposed, by operation of law, for the benefit of any person other than Lessee, the limits of such coverage shall be the minimum requirements of financial responsibility required by the applicable statutes of the state in which the accident occurred. Lessee warrants that, to the extent permitted by law, Lessee’s liability protection described in this paragraph is primary with respect to any such loss. Lessee hereby agrees to indemnify and hold Lessor, its agents and employees, harmless from and against all loss, liability, and expense whatsoever in excess of limits of liability protection provided by Lessee’s automobile insurance coverage as a result of bodily injury, death, or property damage caused by, or arising from, use or operation of any such vehicle.
12. LOSS/DAMAGE WAIVER: If Lessee has made arrangements to accept the Loss/Damage Waiver provision, Lessor will limit (provided the Equipment is used with Lessor’s permission, in compliance with this Agreement, and Lessee pays the additional fee specified in this Agreement) its right to recover from Lessee the amount of loss of or damage to the rented item of Equipment to a deductible of two (2) times the four week rental charge in effect on the date this Agreement was entered into, provided the Lessee promptly reports such loss or damage to the Lessor and the police (or proper authority) and furnishes a copy of such report to the Lessor within ten (10) days of such loss or damage.
Lessee’s liability to Lessor for loss of or damage to the rented item of equipment will NOT be waived by Lessor under the following circumstances:
A. Loss or damage of any nature to scaffold;
B. Mysterious disappearance, loss, or shortages disclosed on taking inventory;
C. Loss, damage, or expense caused or resulting from infidelity of Lessee, his, their, or its employees or agent or any person, firm, or corporation to whom Lessee entrusts or loans the property (with the sole exception of licensed carriers for hire);
D. Loss or damage occurring during the loading, unloading, or transportation of equipment unless such loss or damage occurs as a direct and proximate result of a collision with a licensed motor vehicle being operated by a party not in any way related to or associated with Lessee or Lessor, and provided that the loading, unloading, or transportation was at the time of the occurrence being conducted in a lawful manner;
E. Boom or mast damage from overloading or from collision or the striking of other objects at a time when the boom or mast is in motion;
F. AII damage resulting from striking overhead objects;
G. All damage associated with equipment upset;
H. Use or operation of equipment in any manner exceeding the rated capacity or load of equipment, improperly securing any such load, or improper coupling of equipment to other equipment or to vehicles;I. Use or operation of equipment in a hostile or warlike manner in time of war or peace; or reckless, careless, or abusive use of equipment; and
J. Loss, damage, or failure of tires and tubes under any circumstances.
THIS LOSS DAMAGE WAIVER IS NOT INSURANCE AND DOES NOT PROTECT LESSEE FROM LIABILITY TO OTHERS ARISING OUT OF POSSESSION, USE OR OPERATION OF THE EQUIPMENT.
13. INSURANCE COVERAGE: In the event that Lessee is a commercial account which elects to secure Lessee’s own protection through Lessee’s own insurance company, Lessor requires that a certificate of insurance be given to Lessor specifying coverage for “Equipment Rented From Others,” with Coverage Per Rental Item adequate to pay the replacement cost of the leased Equipment and with a combined single limit of liability for bodily injury including death of $1,000,000 per occurrence. Lessor must be named as “LOSS PAYEE AND ADDITIONAL INSURED.”
14. SUBLETTING AND LOCATION: No item of leased Equipment may be sublet or assigned, or removed from the location at which Lessee represented it was intended to be used, or removed from the State of Texas, except with written consent of Lessor. This Agreement cannot be assigned by Lessee.
15. RETAKING OF EQUIPMENT: If the Equipment is not returned at the termination of the rental, or for any reason it becomes necessary for Lessor to retake the Equipment to protect Lessor from loss or damage, Lessor and its agent may go upon Lessee’s property and retake the Equipment, without notice and legal process, and Lessee waives all rights to a prior judicial hearing. Lessor and its agents may take all action reasonably necessary to retake the Equipment, and Lessee waives for Lessee, and Lessee’s agents and employees, all claims for damages and losses, physical and pecuniary, caused by retaking by Lessor. Lessee agrees to pay all costs and expenses incurred by Lessor in retaking the Equipment.
16. COMPLIANCE WITH LAW AND SAFETY REGULATIONS: Since Lessor has no control over the use of the Equipment by Lessee, Lessee agrees at Lessee’s sole expense to comply with all laws and regulations, including the Occupational Safety and Health Administration Act of 1970 (OSHA) and all other Federal, State, and Local laws, regulations, and ordinances, which may affect the Equipment while it is in the possession of Lessee, and Lessee shall indemnify and hold Lessor harmless from any liability or expense, including attorneys fees, resulting from any actual or asserted violations of such laws, regulations, and ordinances.
17. LEGAL FEES AND VENUES: In addition to any monies owed under this Agreement, Lessee shall pay Lessor’s actual legal fees and court costs incurred in enforcing the terms and conditions hereof. Lessee agrees that this Agreement is to be construed under the laws of the State of Texas regardless of the State in which the Lessee resides or is located. Lessee further agrees that if legal action is commenced to enforce this Agreement, then either Tarrant County, or the county in which Lessor’s branch where the transaction took place, as determined by Lessor, shall be the exclusive jurisdiction and legal venue for said action, and Lessee hereby consents to personal jurisdiction in such County.
In the event Lessee fails to timely pay any invoice, Lessee agrees to pay both interest and a late fee to Lessor on such delinquent invoice until same is fully paid at the maximum rates allowed by the laws of the jurisdiction selected by Lessor in accordance with this Agreement.
18. BINDING EFFECT: This Agreement shall inure to the benefit of, and be binding upon, each of the parties hereto and each of their respective heirs, administrators, executors, personal representatives, successors, parent companies, subsidiaries, affiliates or assigns.
19. MERGER: This Agreement embodies the entire and final understanding between the parties hereto with respect to the rented items and supersedes any preexisting agreements, arrangements, representations, or warranties with respect to the rented items.
