By Checking the box Provided, verify you agree to the rental terms and conditions of this rental policy.
TH EQUIPMENT LLC
EQUIPMENT RENTAL AGREEMENT – TERMS & CONDITIONS
By signing or accepting electronically, Customer agrees this Agreement is a legally binding contract governing the rental, possession, use, transportation, storage, and return of equipment (“Equipment”) rented from TH Equipment LLC (“Lessor”).
1. CONDITION, INSPECTION & ACCEPTANCE
Customer acknowledges that prior to taking possession, Customer has personally inspected the Equipment or voluntarily waived inspection, finds it suitable for Customer’s intended use, and accepts the Equipment “AS IS” and “WITH ALL FAULTS.”
Customer acknowledges that:
- The Equipment is in acceptable operating condition at the time of release
- Any condition disputes must be noted before use
- Use of the Equipment constitutes conclusive acceptance
Failure to report defects prior to use shall be deemed Customer-caused damage.
2. ABSOLUTE RESPONSIBILITY FOR EQUIPMENT
Customer assumes full, absolute, and unconditional responsibility for the Equipment from the moment it leaves Lessor’s possession until it is returned, inspected, and accepted by Lessor.
Customer shall be liable AS AN INSURER for ALL loss, theft, damage, or destruction, regardless of cause, fault, or circumstance, including but not limited to:
- Abuse, misuse, negligence, or improper operation
- Overloading or exceeding rated capacity
- Operator error, lack of experience, or failure to follow instructions
- Acts or omissions of Customer, employees, agents, subcontractors, or third parties
- Environmental conditions, terrain, weather, or jobsite hazards
Normal wear and tear is strictly limited to cosmetic deterioration consistent with proper use and does not include mechanical, hydraulic, structural, or component failure.
3. SPECIFIC DAMAGE LIABILITY (NON-EXHAUSTIVE)
Customer is expressly responsible for damage including, but not limited to:
- Tracks, tires, undercarriage, rollers, sprockets
- Glass, mirrors, lights, gauges
- Pins, bushings, cylinders, booms, arms, attachments
- Hydraulic hoses, fittings, pumps, valves
- Electrical systems, wiring, sensors
- Engine, drivetrain, cooling, or emissions systems
- Bent, cracked, or stressed frames or structural members
Disputes regarding cause of damage shall not relieve Customer of payment obligation.
4. NO INSURANCE – NO DAMAGE WAIVER
Lessor does not provide insurance or damage waiver coverage of any kind.
Customer acknowledges and agrees:
- Customer is 100% financially responsible for all damage, loss, or theft
- Customer’s private insurance (if any) is solely Customer’s responsibility
- Lessor has no duty to pursue Customer’s insurer
- Denial, delay, or limitation of insurance coverage does not relieve Customer of liability
5. DAMAGE DETERMINATION & PAYMENT
All damage determinations, repair decisions, and cost assessments shall be made solely by Lessor.
Customer agrees that:
- Repair costs may include parts, labor, freight, diagnostics, downtime, administrative time, and loss of use
- Equipment deemed unsafe or uneconomical to repair shall be charged at full replacement cost
- Rental charges do not apply toward repair or replacement
- Payment is due immediately upon demand
- Customer’s disagreement with damage assessment does not suspend or delay payment
If damage or malfunction is determined by Lessor to be caused by Customer misuse, abuse, negligence, over-stress, improper operation, or failure to follow instructions, all diagnostic, repair, and service costs shall be the sole responsibility of Customer.
If damage or malfunction is determined by Lessor to be the result of internal mechanical failure not caused by Customer, TH Equipment LLC shall assume responsibility for repair costs.
Lessor’s determination of cause shall be final and binding.
6. ABUSE, MISUSE & NEGLIGENCE
The following constitute material breach of this Agreement:
- Operating equipment beyond design limits
- Improper attachment use
- Operating on unsuitable terrain
- Continuing use after warning signs, alarms, or leaks
- Allowing unauthorized operators
- Failing to secure, transport, or store equipment properly
Customer shall bear all resulting damages, including consequential damages, recovery costs, and service expenses.
Any service call, inspection, or dispatch resulting from Customer misuse, negligence, abuse, improper operation, or failure to follow instructions shall be billed as a mobile repair at the prevailing hourly rate, regardless of whether the Equipment remains operable.
7. CLEANING, FUEL & KEYS, MOBILE REPAIRS
- $250 Cleaning Fee applies for excessive dirt, concrete, paint, debris, or smoke residue
- Equipment must be returned full of fuel and DEF
- Refueling charge: $5.00 per gallon
- Missing keys: $100 per key
- Field service for key replacement: $6.00 per mile plus labor
Mobile Mechanic & Field Service Charges
- If a mobile mechanic, technician, or field service is dispatched and the issue is deemed Customer-caused damage, misuse, abuse, negligence, or operational error, Customer agrees to pay $150 per hour, billed portal-to-portal, including all labor time and deadhead drive time.
- A two (2) hour minimum charge applies to all mobile mechanic or field service dispatches.
- After-hours, weekend, holiday, or emergency service shall be billed at Lessor’s prevailing emergency service rate, which may exceed standard hourly rates.
- Billing time begins when the technician departs and ends upon return.
- If the issue is determined to be internal mechanical failure not caused by Customer, TH Equipment LLC shall assume responsibility for mobile mechanic labor costs.
8. DELIVERY, PICKUP & TRANSPORT
If delivery or pickup is provided:
- Customer assumes all risk from delivery to pickup
- Customer is responsible for jobsite access and conditions
- Damage occurring during Customer-directed loading or unloading is Customer’s responsibility
9. THEFT, LOSS & FAILURE TO RETURN
Customer is responsible for 100% replacement cost for:
- Theft
- Mysterious disappearance
- Conversion
- Failure to return Equipment as scheduled
Lessor may report Equipment as stolen at its discretion.
10. ASSUMPTION OF RISK
Customer knowingly and voluntarily assumes all risks associated with possession, use, transportation, and storage of the Equipment, including risks arising from Lessor’s ordinary negligence.
11. INDEMNIFICATION & HOLD HARMLESS
Customer agrees to indemnify, defend, and hold harmless Lessor from any and all claims, damages, losses, liabilities, costs, and expenses, including attorney fees, arising from or related to:
- Use or misuse of the Equipment
- Damage to property
- Injury or death
- Claims by third parties
- Enforcement of this Agreement
Except where directly caused by Lessor’s intentional misconduct.
12. SAFE OPERATION & COMPLIANCE
Customer agrees to:
- Follow manufacturer, OSHA, and ANSI standards
- Use Equipment only for intended purposes
- Cease operation immediately if Equipment becomes unsafe
- Be solely responsible for operator training and competence
13. RETURN OF EQUIPMENT
Equipment must be returned:
- On time
- During business hours
- In the same condition as received, normal wear excepted
Late return constitutes a material breach and subjects Customer to additional charges and liability.
14. PAYMENT, COLLECTION & LEGAL FEES
Customer agrees to pay:
- All rental charges
- All repair or replacement costs
- All recovery, towing, and storage costs
- All collection costs, attorney fees, and court costs
Customer authorizes Lessor to charge the payment method on file.
15. CHARGEBACKS, PAYMENT DISPUTES & ADMINISTRATIVE FEES
Customer expressly agrees that all charges assessed under this Agreement are authorized and contractually owed.
Customer waives the right to initiate or pursue any chargeback, payment reversal, or dispute through any card issuer or financial institution.
If Customer initiates a chargeback or payment dispute:
- A $250 chargeback administrative fee applies per occurrence
- Customer remains liable for the full outstanding balance
- Customer agrees to reimburse all processor, bank, legal, and administrative costs
Initiating a chargeback constitutes a material breach of this Agreement.
16. LATE FEES, EXTENSIONS & FINANCE CHARGES
Failure to pay any invoice, rental charge, damage charge, or extension fee when due constitutes default.
- A 10% finance charge shall apply to any unpaid balance after seven (7) days
- Finance charges shall continue to accrue every thirty (30) days until payment is made in full
- Unauthorized extensions or failure to return Equipment on time will result in additional rental charges at Lessor’s prevailing rates
Finance charges are in addition to all other remedies.
17. COLLECTIONS, CIVIL ACTION, JUDGMENT & LIEN
Any outstanding invoice remaining unpaid over thirty (30) days shall be subject to collection.
Customer agrees that Lessor may, at its sole discretion:
- Submit the account to collections
- File a civil lawsuit
- Obtain a judgment
- Record and enforce a lien against Customer and/or Customer’s business assets where permitted by law
Customer shall be responsible for all enforcement costs, including attorney fees, court costs, filing fees, and lien expenses.
18. GOVERNING LAW & VENUE
This Agreement shall be governed by the laws of the State in which the rental occurs. Venue shall lie exclusively in that jurisdiction.
19. ACKNOWLEDGMENT
By signing or accepting electronically, Customer:
- Acknowledges full responsibility for the Equipment
- Waives defenses related to damage disputes, chargebacks, and payment delays
- Accepts all financial obligations herein
