Terms & Conditions

Rental Sales

Terms & Conditions

1. Ownership. The equipment is the property of Jack Doheny Companies, Inc. (“Lessor” or “JDC”) and is to be returned to the place where rented at the end of the rental period in the same general condition as when received, with the exception of ordinary wear and tear. For purposes of clarity, “ordinary wear and tear” does not include tire damage, more than 50% tire tread wear, body damage and other repairs that reduce the appearance and value of the equipment. Lessee is not permitted to materially modify the equipment. Any modifications to the equipment must be expressly authorized in writing by the Lessor and are otherwise prohibited. This Agreement shall constitute a true lease under applicable law. Lessor has title to the equipment at all times. Lessee shall acquire no ownership, title, property, right, equity, or interest in the equipment other than solely as lessee subject to all the terms and conditions contained herein. If Lessee fails to make any payment when due, attempts to sell or encumber the equipment, ceases operation, institutes or has instituted against him proceedings under bankruptcy or insolvency law, makes an assignment for the benefit of creditors, or fails to comply with any other provision of this rental agreement; or if any attachment, execution, writ or process is levied against the equipment or any of Lessee’s property, or if for any reason Lessor deems itself insecure or the equipment unsafe, Lessee agrees to deliver the equipment to Lessor on demand and the Lessor may enter on any job, building, or place where the equipment is located and take possession thereof without notice to Lessee and the rental agreement shall thereupon terminate at the option of the Lessor. In the event of any 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 to enforce Lessee’s obligation hereunder, Lessee agrees to pay the costs of thereof including reasonable attorney’s fees paid by Lessor.

2. Rental Period.

a)Lessee shall pay all rental, time, mileage, service, transportation, refueling, and other charges in accordance with the billing invoice.

b)Billing is on standard 28-day billing cycle, with incremental billing. Daily rates apply between 0 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 28th day of the initial rental period, the rental period for the unit will automatically renew for a new to a new 28-day period and continue renewing on successive 28-day renewal periods (each a “Renewal Period”) until the unit is returned. Unless a mileage limit is otherwise agreement to by the Lessee and Lessor, stipulated rates entitle Lessee to 8 hours per day, 40 hours per week, and 176 hours per month of operation. Excess usage will be prorated from the stipulated rental rates and this excess usage charge, plus taxes, will be charged to Lessee.

c)Rentals are payable net 30 days from invoice date unless otherwise specified and can be paid via check, wire transfer, ACH or credit card. Lessee shall pay all shipping, loading, unloading, assembling, and dismantling expenses. The Lessee hereby agrees to pay all collection and legal fees if such action is necessary.

d)If Lessee uses a credit card to make its rental payment, Lessee represents and warrants that (i) the credit card information Lessee supplies to Lessor is true, correct and complete, (ii) Lessee is duly authorized to use such credit card for the rental payments, (iii) charges incurred by Lessee will be honored by Lessee’s credit card company, and (iv) Lessee will pay charges incurred by Lessee, including a credit card processing fee of 3%.

3. Use. Equipment shall be used solely by Lessee in Lessee’s business and only within iterated capacity by competent personnel in asafe and careful manner. By leasing the equipment from Lessor, Lessee acknowledges and agrees that (a) it has reviewed the equipmentfamiliarization documents provided to it by Lessor, and (b) it is responsible for familiarizing its personnel with the applicable manufacturer’soperation manual, OHSA rules and ANSI standards. Equipment shall not be used (i) to carry persons for hire, (ii) to carry persons otherthan drivers or helpers employed by Lessee (and these shall be carried within the cab) and only if such carriage is lawful, (iii) to transportproperty for hire unless Lessee obtains all necessary permits and licenses, (iv) in violation of any law or ordinance, (v) in any speed contest,or (vi) for carrying or hauling of explosives or other hazardous material. If equipment is used in violation of this paragraph, or is obtained byLessor by fraud or misrepresentation, or if used in furtherance of any illegal purpose, all use of equipment is without Lessor’s permission. Atno time shall 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, competent personsunder Lessee’s supervision and control. The equipment shall be operated in a safe and lawful manner at all times, and in accordance withthe manufacturer’s operator’s manual, OSHA rules and ANSI standards. Lessee’s operation of the Equipment shall not exceed themanufacturer’s safety requirements and rated load capacities.

4. Maintenance. Lessee shall perform and pay for all normal periodic service, adjustments, and lubrication of equipment before each shift in accordance with the supplied service and operation manuals, with the exception of annual boom inspection and dialectic testing. Lessee shall cease using and immediately notify Lessor if equipment (a) fails to operate properly or needs repair, (b) is within 5 business days of an inspection date, or (c) is past due an inspection date.

5. Insurance. Lessee will purchase and maintain in force during the time of the rental period (including any renewal 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 for disposition. Said insurance shall be written by an insurance company or companies of adequate financial responsibility maintain and 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 of Lessee’s agents, servants, visitors, licensees, or employees during the lease term. The insurance shall by endorsement name Lessor as an additional insured and loss payee. Such endorsement or endorsements shall provide in each case that said insurance company or companies shall give to Lessor at least thirty (30) days’ notice in writing of proposed cancellation, modification, or alteration of any 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. Lessee 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 its use, operation, erection, dismantling, and transportation, including all federal and local Department of Transportation regulations, licensing, and building code requirements. Lessee is responsible for ensuring compliance by it and its’ employees/agents, and of the equipment itself, with all applicable laws, regulations, and ordinances, including the OSHA standards. Lessor shall have no responsibility of any kind for compliance with any such laws, regulations, or ordinances during the period the Equipment is in Lessee’s possession or control. Lessor requires a copy of the Lessee’s current year International Fuel Tax Agreement (IFTA) license. Submission of this license indicates Lessee’s commitment to report mileage and fuel usage for all applicable vehicles rented from Lessor throughout the current calendar year. Lessor reserves the right to assess and bill applicable IFTA taxes directly to the rental contract for any IFTA qualifying rental for which Lessee isnot filing.

7. Rental Contract. This is a rental contract only and Lessee cannot assign this Agreement. Nothing in this Agreement shall be construed to establish a joint venture, agency, or partnership relationship between the parties. Lessee shall not suffer any liens or encumbrances to attach to equipment. Use of equipment by persons other than Lessee or its employees must be approved in writing in advance by Lessor and shall be at Lessee’s sole risk. During the rental period, Lessor shall not be liable for loss or damage to any property left, stored, loaded, or transported by Lessee or any other person regardless of whether equipment is in the physical possession of Lessee, Lessor or anyone else, or at any place including without limitation any of Lessor’s garages or locations. During the rental period, Lessee hereby assumes all risk of such loss or damage to the equipment.

8. Recovery. Lessor shall have the right to issue and circulate theft notices, cause warrants to be issued for the taking into custody of Lessee, his agent, partner, or employee, and/or take any other steps which Lessor shall reasonably deem necessary to recover equipment if itis not returned at the time specified, or sooner as permitted by the terms of the rental period. All charges are subject to final audit.

9. Indemnification. Lessee shall defend, indemnify, and hold harmless Lessor, its subsidiary and affiliated companies, their officers, agents, and employees against all claims, losses, liabilities, and expenses (including reasonable attorney’s fees), arising from or related to:

a)bodily injury (including death) and property damage sustained by any person or persons, including but not limited to employees of Lessee, relating to or arising from Lessee’s maintenance, use, possession, operation, storage, erection, dismantling, servicing, or transportation of equipment, provided that such bodily injury, death or property damage are not due or claimed to be due to the gross negligence of Lessors or any employee or agents of Lessor;

b)actual or asserted violations of local, state, and federal regulations affecting equipment and its use, operation, erection, dismantling, and transportation, including all federal and local Department of Transportation regulations, licensing, and building code requirements;

c)any liens or encumbrances that attach to the equipment while in the possession of Lessee; and/or

d)resulting from actions taken by the Lessee to recover the equipment if not returned at the time specified or sooner as permitted by the rental period

10. Loss. In the event of loss, theft or damage to equipment, Lessee agrees to notify Lessor immediately by telephone, and thereafter to promptly report in writing to Lessor and the public authorities (where required by law or by Lessor) all information relating thereto. Lessee shall cause its agents and employees to give Lessor and the public authorities full information and assistance in the investigation and prosecution of any matter resulting from said loss, theft, or damage. The rental period shall continue until Lessor recovers the value of the equipment, from insurance or otherwise.

11. Repairs. The equipment furnished by Lessor is understood to be in good working order at the time of shipment to Lessee and upon Lessee’s receipt. If Lessee finds it otherwise, Lessor shall be notified within 24 hours after taking possession of the equipment and Lessor has the right to put the equipment in good working order at its expense, but will not be responsible for any expenses contracted without their written consent. Failure to send notification will be construed to mean acceptance by the Lessee and shall necessitate maintenance of all the equipment in good condition by the Lessee throughout the rental period. If, during Lessee’s use of the equipment during the term of this agreement, or any extensions thereof, equipment is found not to be in good mechanical condition as a result of conditions not the responsibility of or caused by the fault or negligence of Lessee, its employees or agents (including but not limited to a failure of Lessee to service, adjust and lubricate equipment) Lessee will notify Lessor, who at its option will (a) repair or suitably replace equipment (within a reasonably time during Lessor’s normal working hours, the commencement or renewing of the terms of the rental agreement to be tolled for the period equipment is down or, (b)remove equipment and terminate the rental agreement by refund prepayments of rental charges, if any, for the unexpired rental period, less whatever is due Lessor for damage to or maintenance of equipment which is Lessee’s responsibility. Lessee agrees to provide full access to equipment to Lessor’s representatives so as to enable Lessor to meet its responsibilities hereunder. Conversely, repairs required as a result of damage, improper operation, inadequate or improper maintenance or negligence of Lessee, Lessee’s employees or agents, will be charged in full to Lessee and the rental period shall continue until repairs are completed. Unless this agreement is accompanied by a separate tire or track wear agreement, Lessee will be responsible and charged for cuts, tears, punctures, bruises and separation of tires or unusual wear or damage to tracks. In this regard, any expenses incurred for field travel, mechanic’s time or hauling of equipment to effect repairs will be charged to Lessee. THEFOREGOING IS IN LIEU OF (A) ALL WARRANTIES EXPRESS IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TOTHE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULARPURPOSE; (B) ALL OBLIGATION OR LIABILITIES ON THE PART OF LESSOR FOR DAMAGES, INCLUDING BUT NOTLIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTIONWITH THE LEASING MAINTENANCE, USE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OFEQUIPMENT. Any failure of performance by Lessor which is due to causes beyond Lessor’s control, including but not limited to acts of civil or military authority, Acts of God, labor difficulties, failure of transportation, and delays of supplies is not deemed to be a default by Lessor.

12. Replacement of License Plates. In the event the Lessee requests Lessor provide replacement license plates for any of the Equipment in Lessee’s possession, Lessee agrees to pay to Lessor $250 per requested replacement license plate to cover the administrative costs and expenses incurred by Lessor.

13. Interest. Invoices unpaid within the terms of Lessor’s invoice will accrue interest at the rate of 18% per annum. The Lessee agrees to pay any non-sufficient fund charges as allowed by law in the event of a returned check.

14. Refueling. Lessee agrees to return Equipment with the same amount of fuel as when rental period began, otherwise Lessee will be charged 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 plus parts and labor plus fuel fill at $9/gallon will be charged for any vehicle returned which has been filled by off road dyed fuel during the rental period. Use of off road dyed fuel will require a flushing 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.

15. Cartage. If Lessor arranges transportation of equipment on behalf of Lessee, Lessor is not responsible in any way for delays in arrival/ pick up dates or times.

16. Complete Agreement. This instrument expresses the entire agreement between the parties. Lessee’s execution of this instrument and or acceptance of delivery of any part or equipment to be furnished hereunder will constitute Lessee’s acceptance of the provisions contained herein and the exclusion of any terms and conditions otherwise stated by Lessee or contained in Lessee’s purchase documents which conflict with or limit the provisions contained herein. The termination or cancellation of the rental agreement, for any reason shall not terminate or cancel Lessor’s right to pursue remedies provided herein or at law or equity against Lessee.

17. Additional Terms & Conditions. This Lessor cooperates with all Federal, State, and local enforcement officials nationwide to provide the identity of customers who operate commercial motor vehicles. The rental agreement entered into by the Lessor and the renting motor carrier 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.

18. Severance. If any provision of this Agreement or the application of any of its provisions to any party or circumstance is held invalid or unenforceable, the remainder of this Contract, and the application of those provisions to the other parties or circumstances, will remain valid and in full force and effect.

19. Choice of Venue; Choice of Law. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, in any forum other than the courts of the State of Michigan sitting in Wayne County, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the courts of the State of Michigan sitting in Wayne County. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. This Agreement and all related documents are governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Michigan.

20. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

21. Additional Terms – Refuse Product Line Customers Only:

a) Tires. Lessee shall return the tires on the Equipment in substantially the same condition as when Lessee initially received the tires at the start of the rental period, excepting reasonable wear and tear from proper use. Upon return, each tire shall be inspected and Lessee shall be charged for the cost of replacing any tire worn substantially more than at the beginning of the rental period or for any tire casing deemed un-re-capable.

b) Refuse Collection Permits & Licenses. It is Lessee’s responsibility to secure any state-level permissions or licenses now existing or hereafter required for refuse collection and transportation—such permissions or licenses are not provided by or the responsibility of Lessor. Lessee shall, at their own expense, ensure compliance with all applicable state regulations and obtain any necessary permits or licenses required for the lawful operation of refuse collection and transportation activities during the term of this rental agreement. Lessor shall not be liable for any failure by Lessee to obtain such permissions or licenses, nor for any penalties or legal actions resulting from Lessee’s noncompliance with state-level regulatory requirements.

c) Equipment Cleanliness & Clean Out Fee. Lessee agrees to return Equipment free of trash or other miscellaneous debris in the cab, body, hopper, and behind the packing blades or the Lessee will be subject to a clean out fee and any related disposal costs.

22. Additional Terms – Electric Utility Product Line Only:

a) Use. If the Equipment is a crane or aerial lift, it is to be used as a materials lift or personnel lift ONLY. Demolition, dynamic compaction, pile driving, and clamming work require additional documentation and equipment authorized only by Lessor in writing. Equipment shall not be used when overloaded, while the operator is under the influence of drugs or alcohol in violation of state or federal law, or to carry persons or property for hire. Lessee hereby assumes all responsibility and liability for the adequacy of design and strength 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).

b) Regulations. Lessee shall also comply with all applicable ANSI Standards.