RENTAL CONTRACT AGREEMENT
TERMS AND CONDITIONS
1. INSPECTION. Customer acknowledges that s/he has had an opportunity to personally inspect the equipment and finds it suitable for their needs and in good condition, and that s/he understands its proper use. Customer further acknowledges their 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 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 EXPRESS OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR THE CUSTOMER’S INTENDED USE, OR THAT IT IS FREE OF DEFECT. FURTHER CUSTOMER TAKES THE EQUIPMENT “AS IS” AND “WITH ALL FAULTS.”
4. HOLD HARMLESS/INDEMNITY. You assume all risks associated with the possession, use, transportation and storage of the Equipment. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL LIENS AND CLAIMS ARISING FROM OR ASSOCIATED WITH, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RENTAL COMPANY 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 YOU, YOUR EMPLOYEES AND/OR ANY THIRD PARTY(IES), EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM OUR INTENTIONAL MISCONDUCT.
5. ASSUMPTION OF RISK. You acknowledge that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. YOU VOLUNTARILY ASSUME ALL SUCH RISK AND RELEASE AND DISCHARGE US 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 OUR NEGLIGENCE (OTHER THAN OUR INTENTIONAL MISCONDUCT).
6. PROHIBITED USES. Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract. (a) Use for illegal purpose or in illegal manner. (b) Use when the equipment is in bad repair or is unsafe. (c) Improper, unintended use or misuse. (d) Use by anyone other than Customer or their employees, without Dealer’s written permission. (e) Use at any location other than the address furnished to Dealer without Dealer’s written permission. (Does not apply to mobile equipment.)
7. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. Dealer may assign their 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.
8. 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 the essence of this contract. Any extension must be mutually agreed upon in writing.
9. 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 (“Due In” date & time) as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate. For equipment dropped off after hours, time shall accrue until Teton Rental Center reopens for regular business hours.
10. DAMAGE, LOSS, THEFT, ETC. In the event of damages, loss, or theft of Dealer’s equipment or its parts, Customer, as the insurer, shall irrespective of the Customer or third party’s fault, pay Dealer the amount of all resulting loss and expenses of Dealer (including but not limited to replacement or recovery costs, repair costs, compensation for decline in value and loss of rental revenue). The cost of repairs shall be borne by Customer, whether performed by Dealer or, at Dealer’s option, by a third party. Equipment lost, stolen, or damaged beyond repair shall be paid at its current list price. The loss of rental revenue shall be calculated as a daily rental charge until the day the equipment or replacement equipment will again be available to Dealer. Customer agrees to pay a reasonable cleaning charge for equipment returned dirty, and to also pay rental charges while the equipment is out of service for cleaning. This provision applies to the equipment provided by Dealer, but also to all accessories provided by Dealer, which includes but is not limited to trailers, hitches, straps, and any other Dealer property in Customer’s possession.
11. 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.
12. COLLECTION COSTS. Customer agrees to pay all reasonable collection, attorney and court fees and other expenses involved in the collection of the charges or enforcement of Dealer’s rights under this contract.
13. 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. Teton Rental Center is not responsible or liable for any damage resulting to Customer’s equipment or vehicle due to misuse or failure of the hitch or coupling.
14. DAMAGE. ALL DAMAGE IS THE RESPONSIBILITY OF THE CUSTOMER.
15. 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.
16. PROPERTY DAMAGE. DEALER IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY THEIR EQUIPMENT OR PROPERTY, WHICH INCLUDES ANY DAMAGE RESULTING IN THE COURSE OF EQUIPMENT DELIVERY. THAT INCLUDES, BUT IS NOT LIMITED TO DRIVEWAYS, STRUCTURES, LAWNS, SPRINKLER SYSTEMS, GARDENS, CULVERTS, PIPES, SEPTIC TANKS, DRAIN FIELDS, AND FLOWERBEDS.
17. CHARGES. The Customer shall pay all charges required under this Agreement upon demand. The Customer agrees that mileage and time charges on the front side of this Agreement are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. No pro-rations will be made by Licensee. Customer will be charged for the equipment returned that is not refueled.
18. DELIVERY/PICKUP. Delivery is made to the closest point a truck can park. Extra charges will result in deliveries to upstairs, elevator use, or any point where extra time is involved. If delivery is required, Customer shall make arrangements before delivery/pickup with a charge quote.
19. RETAKING OF RENTAL ITEMS. CUSTOMER INDEMNIFIES AND HOLDS DEALER HARMLESS FOR ALL INJURIES OR DAMAGE OF ANY KIND FOR REPOSSESSION AND FOR ALL CONSEQUENTIAL AND SPECIAL DAMAGES. CUSTOMER SHALL REIMBURSE DEALER FOR ALL REASONABLE COSTS ASSOCIATED IN REPOSSESSING EQUIPMENT. CUSTOMER GIVES PERMISSION FOR DEALER TO ACCESS THE PROPERTIES OR WORK SITES FOR THE REPOSSESSION OF EQUIPMENT.
20. INSURANCE. Customer represents they carry sufficient insurance to cover any damage to the equipment or to indemnify Dealer from any liability related to Customer’s use of the equipment.
21. LEGAL FEES. In the event an attorney is retained to enforce any provision of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action or proceeding, in an amount to be determined by the court.
22. WEATHER RELATED RISKS. Customer assumes weather-related risks and is liable for any damage that equipment suffers due to weather.
23. PREPARATION OF SITE. Customer agrees to have the site upon which the rental items are to be erected, free and clear of all obstacles, natural and manmade, prior to the arrival of the Teton Rental Center’s work crew. If Customer fails to do so, then Customer shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expense.
24. ELECTRIC POWER AND LIGHTING. Customer agrees to furnish Teton Rental Center access to, and the right to use, Customer’s electrical and power lines for the installation and operation of the rental items.
25. UNDERGROUND FACILITIES. Customer agrees to have all Underground Facilities in the vicinity of the Equipment installation clearly marked prior to the arrival of Teton Rental Center’s work crews. Customer assumes full responsibility for damage to all Underground Facilities. To identify Underground Facilities, Customer must call one week prior to installation. Customer is responsible for all locates including but not limited to all underground utilities.
26. SIGNATURES. Customer acknowledges that their fax or electronic signature is sufficient and binding.
27. MERGER CLAUSE. This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements.
REFUNDS OR ALLOWANCES. CUSTOMER SHALL NOTIFY TETON RENTAL IMMEDIATELY IF EQUIPMENT DOES NOT FUNCTION PROPERLY OR NO REFUND OR ALLOWANCES WILL BE MADE.
“AS IS”. For any equipment sales to Customer, it is agreed that the equipment is being sold in “as is” condition. The Customer understands there are no warranties, representations, or guarantees, express or implied, of any kind.
Teton Rental Center may choose to bill the Customer at the Metered Rate if the Metered Rate is more than the Daily Rate.
METERED EQUIPMENT:
1 DAY = 8 HOURS
1 WEEK = 40 HOURS
4 WEEKS = 160 HOURS
RATE STRUCTURE:
1 DAY = 24 HOURS
1 WEEK = 7 DAYS
MONTH = 4 WEEKS
