By Checking the box Provided, verify you agree to the rental terms and conditions of this rental policy.
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A CLEANING $250.00 CHARGE WILL APPLY TO EQUIPMENT RETURNED WITH EXCESSIVE DIRT CONCRETE, SMOKING, AND / OR PAINT.
THERE WILL BE AN ADDITIONAL CHARGE OF $100.00 FOR MISSING KEYS.
REFUELING SERVICE CHARGE WILL BE APPLIED TO ALL UNIT NOT
RETURNED FULL OF FUEL - FUEL CHARGE IS CURRENTLY $5.00 A GALLON FOR DEF OR DIESEL
UNLESS SPECIFIED OTHERWISE
SEE BELOW FOR FURTHER EXPLANATION OF REFUELING SERVICE CHARGE
CUSTOMER IS RESPONSIBLE FOR ALL DAMAGES INCLUDING BUT NOT LIMITED TO TRACKS, TIRES, GLASS PINS, HOSES WHILE IN THE CLIENT’S POSSESSION.
INSURANCE - CLIENT MAY CHOOSE TO PROVIDE THEIR OWN INSURANCE OR OPT IN FOR INSURANCE FROM TH EQUIPMENT. PAYING FOR INSURANCE WITH TH EQUIPMENT WILL ONLY QUALIFY FOR APPROVED INSURANCE CLAIMS.
SEE BELOW FOR FURTHER EXPLANATION
DELIVERY: If customer chooses to have TH EQUIPMENT deliver and pick up the Equipment, Customer agrees to pay a Delivery and Pickup Service Charge.
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A CLEANING CHARGE: Will Apply to equipment returned with excessive DIRT, CONCRETE, SMOKING, AND/OR PAINT. The customer is responsible for all damages.
KEYS: There will be an additional charge of $100.00 for missing keys. Most Keys can be purchased through a local dealership. If keys are lost on the job site and need us to come out and replace them, there is an additional charge of $6.00 a mile on top of the charge for the loss of the key.
REFUELING SERVICE CHARGE: Customer is required to return the Equipment with a full tank of fuel and DEF fluid. If the customer returns the Equipment with less than a full tank of fuel and DEF Fluid, the customer agrees to pay a refueling service charge at the rate of $5.00 per gallon. For additional information see the Rental and Service terms. Unless specified the time of the rental and agreed upon in the contract through a written approval
ENVIRONMENTAL SERVICE CHARGE: Due to the hazardous nature of some waste and other products, to comply with federal and state environmental regulations, and to promote a clean environment.
TH Equipment LLC charges an Environmental Service charge for certain rentals. The Environmental Service Charge is not a government-mandated charge, is not designed for any particular use, and is used at TH Equipment LLC discretion.
The Environmental Service Charge is 2% of the rental charge and will not exceed $99. Customers acknowledge the items indicated above are subject to the Environmental Service Charge and Customers agree to pay that Charge.
INSURANCE : We accept proof of insurance to waive the elected insurance fee. Or you can opt in for Rental Insurance Through TH Equipment which will qualify you for limited insurance protection for major incidents such as listed; Vandalism, Thief, fire or event of a total lost. For these qualifying claims, the $500 deposit will be used towards the claim fees.
Insurance will not cover damages caused due to any type of user error that either puts the machine or operator in peril or compromising situations. Insurance will not cover broken hoses, shattered glass, broken pins or cylinders due to over stress on the unit. Insurance will not cover sinking or flipping the units. If a recovery is needed for the unit, the client will be responsible for the recovery fee.
DELIVERY: If customer chooses to have TH EQUIPMENT LLC deliver and pick up the Equipment, Customer agrees to pay a Delivery and Pickup Service Charge. Delivery charge is based on a local base charge in addition to a loaded mile charge outside of the local delivery range. All unit transportation is priced differently based on weight and freight cost.
READ BEFORE APPROVING: By signing below Customer.
(i) Agrees that Customer has received, read and agreed to the Rental and Service Terms
(ii) Authorizes TH Equipment LLC to charge the payment method provided per the above-referenced terms: and
(iii) acknowledges that the equipment is in the condition as stated on the condition report(s). By agreeing to the Terms, you agree (1) to indemnity TH Equipment LLC for losses relating to this transaction: (2) that TH Equipment LLC liabilities are limited, and (3) that TH Equipment LLC makes no warranties as to the equipment’s merchantability, quality or fitness for a particular purpose; as well as other Terms affecting your rights.
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.)
Purpose(s): This provision goes a step further with the warranty waiver (which deals with the risk by attempting to waive the rental operator’s liability) by contractually shifting the liability to the customer (i.e. obtaining the customer’s agreement to be liable in place of the rental operator).
Discussion: In some jurisdictions, an “Assumption of Risk” provision will improve the rental operator’s position in the event of a damage claim by making the customer liable (either solely or jointly with the rental operator) for the damage. Among other things, this can materially change the motivations of potential litigants. For example, an outside party whose property is damaged by the equipment may be reluctant to sue a rental operator if that outside party (perhaps a relative or associate of the customer) knows the customer also must be included as a defendant, or the rental operator will file a third party claim against the customer to bring him/her into the litigation. Obviously, however, these types of risk transfer provisions are subject to being deemed unconscionable and/or “against public policy” in many jurisdictions as well. Therefore, a rental operator should never rely on this provision instead of the warranty waiver. In most cases, it is best to use them together.
This provision also contains a release of claims arising in connection with the rental operator’s own negligence( notably, a tort claim). The Uniform Commercial Code has specifically made such disclaimers unenforceable with respect to personal injury claims, but it has left the question open with respect to property damage claims. Again, some jurisdictions may enforce this type of provision with respect to commercial losses, depending on the circumstances and parties involved. (In general terms, the question will be: “ Would enforcing it be fair, given the parties’ relative bargaining power when they signed the rental contract?”) Those jurisdictions that do, however, will virtually always require that it be conspicuous ( UPPER CASE, BOLD, AND/ OR UNDERLINED) and specifically mention “NEGLIGENCE”.
We have excluded “ our intentional misconduct” because a court is unlikely to hold any customer liable for it, even if it not expressly excluded from the rental contract’s provisions and a customer’s attorney is likely to argue that the court should reject the entire provision as unconscionable (grossly unfair) if “intentional misconduct” is not excluded.
Note: We acknowledge that some will feel this exclusion “invites” a customer to make a claim for intentional misconduct but in truth, the customer’s attorney is likely to include that allegation in his/her pleadings anyway. Thus, the exclusion is likely to do more good than harm by providing some evidence of fairness.
HOLD HARMLESS/ INDEMNITY. You assume all risks associated with 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 PARTIES EXCEPT TO THE EXTENT DIRECTLY RESULTING FROM OUR INTENTIONAL MISCONDUCT.
Purpose(s): This provision goes over risk transfer provision by including affirmative obligations on the part of the customer to “indemnify” (pay for) “defend” (e.g. protect and hire an attorney to litigate the defense) and “hold harmless” (refrain from suing or “not hold responsible” the rental operator) from and against claims and damages caused by or “ in connection with” the equipment. The purpose is to obtain the customer’s agreement, not only to assume any liabilities (as opposed to merely agreeing not to sue the rental operator alone) that may arise in connection with the equipment but also to protect the rental operator from any costs incurred in the meantime such as legal fees, travel expenses, time lost etc.
Discussion: This provision is subject to largely the same unconscionability (unfairness) arguments as the two previously mentioned risk transfer provisions. Somewhat surprisingly, however, indemnity agreements like this one are somewhat more likely to be held up in court than are the “assumption of risk” agreements perhaps because indemnity agreements have become relatively common in commercial transactions and as a result, have gained a certain acceptance within the courts.
SAFETY INSTRUCTIONS. You acknowledge that You have received, carefully reviewed and are satisfied with, the training, instructions, operating and user manuals, and other information (including all training required under applicable OSHA and/or ANSI Standards if any regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment (“instructions”) provided by the Equipment’s original manufacturer (“OEM”) and or Our employees. You will fully comply with, and will cause your employees and agents to read and fully comply with all such instructions. If you discover a difference between any information provided by us and that provided by the OEM, you agree to follow the OEM”s instructions. You will use the Equipment only for the purpose for which it was manufactured, in a reasonable and safe manner, and in full compliance with all applicable federal and state laws, rules and regulations. USE OF THE EQUIPMENT FOR ANY PURPOSE OR IN ANY MANNER OTHER THAN AS SPECIFIED ABOVE OR CONTINUED USE OF EQUIPMENT THAT IS DEFECTIVE, DAMAGED OR MALFUNCTIONING, MAY RESULT IN INJURY TO PERSONS OR PROPERTY, OR DEATH. Accordingly, you agree to immediately discontinue use of the equipment if it is found to be defective, in need of repair or maintenance, or otherwise not properly functioning (an “Equipment Failure”).
RENTAL CONTRACT TERMS AND CONDITIONS
The Lessor, hereby rents to the Lessee, identified by his signature on this contract the personal property described, subject to all terms and conditions of contract: The Lessee in consideration thereof, acknowledges and agrees as follows:
1. INSPECTION The Lessee acknowledges that he has personally inspected
the equipment finds it suitable for his needs and in good condition, that he understands its proper use and agrees to inspect the equipment prior to use and notify the Lessor of any defects.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If equipment becomes unsafe or in disrepair, Lessee agrees to discontinue use and notify the Lessor who will replace the equipment with similar equipment in good working order, if available. The Lessor 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 Lessee's intended use, or that it is free from defects.
4. HOLD HARMLESS AGREEMENT. The Lessee agrees to assume the risks of, and hold the Lessor harmless for property damage and personal injuries caused by the equipment and/or arising out of the Lessor's negligence, The Lessee shall indemnify and hold the Lessor harmless from any claims of third parties for loss, injury and damage to their persons and property arising out of the Lessee's possession, use, maintenance or return of equipment, including legal cost incurred in defense of such claims.
5.PROHIBITED USES. Use of equipment in the following circumstances is prohibited and constitutes a breach of contract: (a) Use for illegal purposes or in an illegal manner. (b) improper. unintended use or misuse. (c) Use by anyone other than the Lessee or his employees, without The Lessor's written permission. (d) Use at any location other than the address furnished the Lessor without the Lessor's written permission, except trailers.
6. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. The Lessor may assign its rights under this contract without the Lessee's consent but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor's written permission. Any purported assignment by the Lessee is void.
7. TIME OF RETURN. The Lessee's right to possession terminates on expiration of rental period 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.
8. 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. 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 shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor.
9. DAMAGED OR LOST EQUIPMENT. The Lessee agrees to pay for any damage to or loss of equipment, as an insurer, regardless of cause, except reasonable wear and tear while equipment is out of possession of The Lessor. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged or lost equipment. Equipment damaged beyond repair will be paid for at its Replacement Cost when rented.
9A DAMAGE WAIVER - The lessor charges a damage waiver fee of 10% on all rentals. In doing so, the lessor waives its right to recover direct costs, set as a maximum of $300, associated with damage or destruction of rental equipment while in the possession of the lessee. The lessee may decline damage waiver coverage if the lesson is provided with a current insurance certificate that names the lesson as additional insured and loss payee. Providing lessor with an insurance certificate removes damage waiver on all rentals going forward in time and may not be used retroactively by lessee. Damage waiver is not an insurance, nor is it a warranty, it does not cover negligence or neglect by lessee and has a set of exclusions and exceptions that are set forth below in section 9 a-f.
10. THEFT OF EQUIPMENT. The Lessee agrees to pay for equipment (at its replacement cost when rented) for all types of theft or mysterious disappearance. Damage Waiver does not cover theft.
11. COLLECTION COSTS. The Lessee agrees to pay all reasonable collection, attorneys and court fees and other expenses involved in the collection of the charges or enforcement of the Lessor's rights under this contract.
12. REPOSSESSION. Upon a failure to pay rent or other breach of this contract the Lessor may terminate this contract for breach, the Lessor may terminate this contract and take possession of and remove equipment from whenever it is, and the Lessor and his agents shall not be liable for any claims for damage on trespass arising out of the removal of the equipment.
13. DISCLAIMER OF MANUFACTURE. The Lessee agrees that the Lessor is neither the manufacturer of the equipment nor the agent of the manufacturer.
14. LOADING AND UNLOADING EQUIPMENT. If the Lessor's employees assist in loading or unloading the equipment, the Lessee agrees to assume the risk of, and hold the Lessor harmless for any property damage or personal injuries, including damage or injuries attributable to the negligence of the Lessor and its employees.
15 THEFT. That the Lessor of its own discretion may report as stolen all personal property not returned within the date listed in the "Date and Time Due In" section of the contract or if conditions and circumstances indicate theft before that time.
16. INSPECTION OF TRAILER HITCH. The Lessee agrees to inspect the trailer coupling mechanism and safety chain before leaving the Lessor's premises. The Lessee also agrees to inspect the equipment, periodically (every 100 mi.) and to maintain the coupling and chain in a safe and secure condition.
17. WAIVER OF CLAIMS. The Lessee waives all claims for personal injury. property damage to the transported equipment, loss of time or inconvenience arising out of the use of a trailer, or any accident or breakdown.
18. DAMAGE TO BUMPERS. The Lessor is not liable for damage to the Lessor's bumper or automobile done by detachable hitches.
19. ACCIDENT NOTIFICATION The Lessee will immediately notify the Lessor in the event of any accident.
20. OVERDUE ACCOUNTS Accounts are due and payable at the termination of the rental period. A service charge may be assessed on all overdue accounts.