Terms & Conditions
Terms & Conditions
1.Ownership. The equipment is the property of Lessor and is to be returned to the place where rented at the end of the rentalterm. In the same general condition as when received, excepting ordinary wear and tear. If Lessee fails to make any paymentwhen due, attempts to sell or encumber the equipment, ceases operation, institutes or has instituted against him proceedingsunder bankruptcy or insolvency law, makes an assignment for the benefit of creditors, or fails to comply with any other provisionof this rental agreement; or if any attachment, execution, writ or process is levied against the equipment of any of Lessee’sproperty, or if for any reason Lessor deems itself insecure or the equipment unsafe, Lessee agrees to deliver the equipment toLessor on demand and the Lessor may enter on any job, building or place where the equipment is located and take possessionthereof without notice to Lessee and the rental agreement shall thereupon terminate at the option of the Lessor. In the event ofany such action, Lessee agrees to pay all guaranteed rentals and all other rentals due, damages for any injury to the equipment,costs of removal from the Lessee’s possession and all transportation and other charges incurred. If legal action is required toenforce Lessee’s obligation hereunder, Lessee agrees to pay the costs of thereof including reasonable attorney’s fees paid byLessor.
2.Terms. Lessee shall pay all rental, time, mileage, service, transportation, refueling, and other charges. Billing is on standard 28-daybilling cycle, with incremental billing. Daily rates apply between O to 3 days. Weekly rates apply from 4 days up to 3-week terms.Monthly rates using a 28-day standard apply for all other periods. If the rental unit is not returned by the 28thday, the unit willautomatically renew to a new 28-day period and continue renewing on a new 28-day period until the unit is returned. Stipulatedrates entitle Lessee to 8 hours per day, 40 hours per week, and 176 hours per month of operation. Excess usage will be proratedfrom the stipulated rental rates and this, plus taxes, will be charged. All Lessor shall have a lien, as allowed by law, for chargesincurred hereunder upon premises and improvements upon which equipment is employed. Rentals are payable net 30 days frominvoice date unless otherwise specified. Lessee pays all shipping, loading, unloading, assembling, and dismantling expense. TheLessee hereby agrees to pay all collection and legal fees if such action is necessary.
3.Use. Equipment shall be used solely in customer’s business and only within iterated capacity by competent personnel in a safe andcareful manner. Equipment shall not be used to carry persons for hire, to carry persons other than drivers or helpers employed byLessee (and these shall be carried within the cab) and then only if such carriage is lawful; to transport property for hire unless Lesseeobtains all necessary permits and licenses in violation of any law or ordinance or in any speed contest for carrying or hauling ofexplosives or other hazardous material. If equipment is used in violation of the paragraph, or is obtained by Lessor by fraud ormisrepresentation, or if used in furtherance of any illegal purpose, all use of equipment is without Lessor’s permission. At no timeshall the Equipment be used in or near water. Lessee shall not subject the Equipment to careless or needlessly rough usage andLessee hereby agrees that the Equipment shall be operated, inspected, maintained, and repaired only by experienced, competentpersons under Lessee’s supervision and control. The Equipment shall be operated in a safe and lawful manner at alltimes, and in accordance with the manufacturer’s operator’s manual, OSHA rules and ANSI standards. Lessee’s operation ofthe Equipment shall not exceed the manufacturer’s safety requirements and rated load capacities. If the Equipment is acrane or aerial lift, it is to be used as a materials lift or personnel lift ONLY. Demolition, dynamic compaction, pile driving, andclamming work require additional documentation and equipment authorized only by Lessor in writing. Equipment shall not beused when overloaded, while the operator is under the influence of drugs or alcohol in violation of state or federal law, or tocarry persons or property for hire. Lessee hereby assumes all responsibility and liability for the adequacy of design andstrength of any lifting lug or device embedded in or attached to any object, and any and all rigging or lifting apparatus(even if such rigging or lifting apparatus is supplied by Lessor to Lessee).
4.Maintenance. Lessee shall perform and pay for all normal periodic service, adjustments, and lubrication of equipment before eachshift in accordance with the supplied service and operation manuals, with the exception of annual boom inspection and dialectictesting. If equipment fails to operate properly or needs repair, Lessee shall cease using immediately and notify Lessor.
5.Insurance. Lessee will purchase and maintain in force during the time of the rental period, insurance policies in at least the
amounts listed below, covering the equipment between the time of the delivery thereof to the Lessee and return to the Lessor fordisposition. Said insurance shall be written by an insurance company or companies of adequate financial responsibility maintainand AM Best Rating of at least A-, Class VIII or higher acceptable to Lessor, insuring Lessee against any loss, damage, claims, suits,actions or liability, caused by or occasioned by or arising from any use of the equipment by or negligence of Lessee or any ofLessee’s agents, servants, visitors, licensees, or employees during the lease term. The insurance shall by endorsement name Lessoras an additional insured and loss payee. Such endorsement or endorsements shall provide in each case that said insurance companyor companies shall give to Lessor at least thirty (30) days’ notice in writing of proposed cancellation, modification, or alteration ofany said insurance.
Commercial General Liability $1,000,000 per occurrence, with general aggregate of $2,000,000
Products – Completed Operations Aggregate $2,000,000
Automotive Liability Combined Single Limit $1,000,000
Excess/Umbrella Liability $1,000,000 each occurrence
Workers’ Compensation / Employers Liability E.L. each accident $500,000
E.L. Disease – EA Employee $500,000
E.L. Disease – Policy Limit $500,000
Auto Physical Damage: The Lessee shall purchase insurance covering the physical damage, up to the highest value of equipment rented from Lessor and list Lessor as Loss Payee.
Inland Marine: all risk coverage (physical damage insurance), with any overload, boom and jib exclusion deleted, for the full replacement value of the Equipment in the amount indicated on the face hereof.
JDC to be listed as additional insured for general, auto and umbrella coverages.
Waiver of subrogation issued in favor of JDC for general, auto and umbrella coverages.
Lessee policies are primary and non-contributory.
JDC is listed as loss payee on the auto policy with respect to rented vehicle(s).
Lessee shall furnish Lessor with a copy of the policies referred to above, or other evidence thereof acceptable to Lessor. Policies covering the aforementioned fire, theft and collision insurance shall bear endorsements to the effect that proceeds thereof shall be payable to Lessor and/or Lessee as their interests may appear. Lessor shall, on demand, furnish Lessor a certificate of such insurance which may not be canceled or materially modified except on twenty (20) days prior written notice to lessor. Lessee agrees to abide by the provisions of said policy and to notify Lessor and the insurer of any accident or occurrence involving equipment immediately by telephone and thereafter to promptly report to them in writing all information relevant thereto. Lessee, its agents, and employees shall cooperate fully with Lessor and insurer in the investigation, prosecution and or defense of any claim or suit and shall do nothing to impair or invalidate the applicable insurance coverage. Lessor’s acquiescence in Lessee’s certificate(s) of insurance shall not be a waiver of Lessee’s insurance obligations hereunder.
Lessee shall also keep the equipment insured for its total present value against any loss or damage through accident, fire, weather condition, theft or malicious destruction and any other insurable risks. Lessee shall defend, indemnify, and hold harmless lessor, its subsidiary and affiliated companies, their officers, agents and employees, against all loss, liability, and expense, including reasonable attorney’s fees, by reason of bodily injury, including death and property damage sustained by any person or persons, including but not limited to employees of Lessee as a result of the maintenance, ownership, use, operation, storage, erection, dismantling, servicing, or transportation of equipment, whether such bodily injury, death or property damage are due or claimed to be due to any negligence of lessor, employees or agents of lessor or any other person.
6.Regulations. Lessee shall, at his own expense, comply with all local, state, and federal regulations affecting equipment and itsuse, operation, erection, dismantling, and transportation. Including all federal and local Department of Transportationregulations, licensing, and building code requirements and shall defend, indemnify, and hold harmless Lessor from all loss,liability, or expense resulting from actual or asserted violations of such laws, requirements, or regulations. Lessee is responsiblefor ensuring compliance by it and its’ employees/agents, and of the equipment itself, with all applicable laws, regulations, andordinances, including the OSHA standards. Lessee shall also comply with all applicable ANSI Standards. Lessor shall have noresponsibility of any kind for compliance with any such laws, regulations, or ordinances during the period the Equipment is inLessee’s possession or control.
7.Rental Contract. This is a rental contract only and Lessee cannot assign it. Lessee is not an agent or employee of lessor for anypurpose. Lessee shall not suffer any liens or incumbrances to attach to equipment and shall defend, indemnify, and hold Lessorharmless from all loss, liability, and expense by reason thereof. Use of equipment by others than Lessee or its employees,approved in writing in advance by Lessor, shall be at Lessee’s sole risk. Lessor shall not be liable for loss or damage to anyproperty left, stored, loaded, or transported by Lessee or any other person in or upon equipment, whether or not due to thenegligence of Lessor, its agents or employees: (a) at any time whether equipment then be in the physical possession of Lessee orLessor or anyone else; (b) or at any place including without limitation any of Lessors’ garages or locations. Lessee herebyassumes all risk of such loss or damage, from and against all loss, liability, and expense caused or arising out of Lessee’s failure tocomply with the terms of the agreement.
8.Recovery. Lessor shall have the right to issue and circulate theft notices; cause warrants to be issued for the taking into custodyof Lessee, his agent, partner, or employee, and/or take any other steps which Lessor shall reasonably deem necessary to recover equipment if it is not returned at the time specified, or sooner as permitted by the terms of the rental period. Lessee hereby releases and agrees to indemnify Lessor against all claims for damages or losses which Lessee or other party may sustain as a result of any action taken by Lessor under the preceding sentence. All charges are subject to final audit.
9.Loss. In the event of loss, theft or damage to equipment, lessee agrees to notify lessor immediately by telephone, and thereafterto promptly report in writing to lessor and the public authorities (where required by law or by lessor) all information relatingthereto. Lessee shall cause its agents and employees to give lessor and the public authorities’ proper and full information andassistance in the investigation and prosecution of any matter resulting from said loss, theft, or damage.10.Repairs. When provided to Lessee, equipment is believed to be in good mechanical condition. Lessee shall examine equipmentupon delivery and promptly notify lessor of any evidence to the contrary, if, during Lessee’s use of the equipment during theterm of this agreement, or any extensions thereof, equipment is found not to be in good mechanical condition as a result ofconditions not the responsibility of or caused by the fault or negligence of lessee, its employees or agents (including but notlimited to a failure of lessee to service, adjust and lubricate equipment) Lessee will notify Lessor who at its option will (a) repairor suitably replace equipment (within a reasonably time during lessor’s normal working hours, the commencement or renewingof the terms of this agreement to be tolled for the period equipment is down or, (b)remove equipment and terminate thisagreement by refund prepayments of rental charges; if any, for the unexpired agreement term, less whatever is due Lessor fordamage to or maintenance of equipment which is lessee’s responsibility. Lessee agrees to provide full access to equipment toLessor’s representatives so as to enable Lessor to meet its responsibilities hereunder. Conversely, repairs required as a result ofdamage, improper operation, or maintenance will be charged to Lessee and rental will continue until repairs are completed.Unless this agreement is accompanied by a separate tire or track wear agreement, Lessee will be responsible and charged forcuts, tears, punctures, bruises and separation of tires or unusual wear or damage to tracks. In this regard, any expenses incurredfor field travel, mechanic’s time or hauling of equipment to effect repairs will be charged to Lessee.Notwithstanding the previous paragraphs, Lessee agrees to indemnify Lessor its subsidiaries and affiliated companies and theirofficers, agents and employees to the extent provided in the other terms and conditions of this agreement.THE FOREGOING IS IN LIEU OF (A) ALL WARRANTIES EXPRESS IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (BJ ALL OBLIGATION OR LIABILITIES ON THE PART OF LESSOR FOR DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIALOR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LEASING MAINTENANCE, USE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF EQUIPMENTAny failure of performance by Lessor which is due to causes beyond Lessor’s control, including but not limited to acts of civil ormilitary authority, Acts of God, labor difficulties, failure of transportation, and delays of supplies is not deemed to be a default bylessor.11.Interest. Invoices unpaid within the terms of Lessor’s invoice will accrue interest at the rate of18% per annum. The Lessee agrees topay any non-sufficient fund charges as allowed by law in the event of a returned check.12.Refueling. Lessee agrees to return equipment with the same amount of fuel as when rental began, otherwise lessee will becharged for refueling upon return. For rentals of on-road equipment which utilize diesel fuel, lessee agrees to only use on-road diesel fuel to fuel the equipment. A fee of $5,000 parts and labor plus fuel fill at $9/gallon will be charged for anyvehicle returned which has been filled by off road dyed fuel during the rental period. Use of off road dyed fuel will require aflushing of the fuel system, including replacement of all filters, hoses, couplings and diaphragm transfer pump, disposal of off-road fuel, and refilling with on-road diesel.13.Cartage. If lessor arranges transportation of equipment on behalf of Lessee, Lessor is not responsible in any way for delaysin arrival/ pick up dates or times14.Complete Agreement. This instrument expresses the entire agreement between the parties. Lessee’s execution of thisinstrument and or acceptance of delivery of any part or equipment to be furnished hereunder will constitute Lessee’s acceptanceof the provisions contained herein and the exclusion of any terms and conditions otherwise stated by Lessee or contained inLessee’s purchase documents which conflict with or limit the provisions contained herein.15.Additional Terms & Conditions. This Lessor cooperates with all Federal, State, and local enforcement officials nationwide toprovide the identity of customers who operate this CMV. The rental agreement entered into by the lessor and the renting motorcarrier is carried on the rental commercial vehicle for the full term of the rental agreement.
Each person executing this Agreement warrants and represents that he or she is duly authorized to execute this Agreement on behalf of the party for whom he or she has signed, and that he or she has the legal authority to bind the party for whom he or she has signed to all of the terms, conditions and provisions set forth herein.