INSPECTION
Customer acknowledges that they have had an opportunity to inspect the equipment and determine that it is suitable for their needs and in good condition. Customer further acknowledges their duty to inspect the equipment prior to use and notify Dealer of any defects.
REPLACEMENT OF MALFUNCTIONING EQUIPMENT
If the equipment becomes unsafe or is in disrepair due to normal use, Customer agrees to discontinue use and notify Dealer. Dealer 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 other issues.
WARRANTIES
THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE OR THAT IT IS FREE FROM DEFECTS.
POSSESSION/TITLE
Dealer retains ownership of the Equipment and all associated rights. Customer is entitled only to use and possess the Equipment for the Rental Period, subject to the terms of this Contract. If Customer retains or uses the Equipment beyond the agreed term without Dealer’s express written consent, this will constitute a material breach of the Contract. Customer will not take, grant, or permit any liens or similar claims on the Equipment and agrees to release such claims at their own cost if necessary.
HOLD HARMLESS/INDEMNITY
Customer assumes all risks associated with the equipment’s use, transportation, and storage. CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD DEALER HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING FROM BODILY INJURY, PROPERTY DAMAGE, LOSS OF TIME, OR OTHER INCONVENIENCE CAUSED BY THE EQUIPMENT’S USE, TRANSPORTATION, STORAGE, OR OPERATION.
PROHIBITED USES
The Equipment shall not be used for any illegal purposes or in violation of rules, regulations, or laws. Customer shall not assign or sublease the Equipment without prior written consent from Dealer.
LATE RETURN
Customer agrees to return the rented equipment during Dealer’s regular store hours upon the expiration of the rental period. If the Customer fails to do so, Dealer reserves the right to charge additional fees for the late return.
DAMAGE, DIRTY, OR LOST EQUIPMENT
Customer agrees to pay for any damage or loss of the equipment, regardless of cause, except for defects in manufacture or normal wear and tear, while the equipment is in their possession.
COLLECTION COSTS
Customer agrees to pay all reasonable collection fees, attorney fees, court costs, and other expenses incurred in collecting charges or enforcing Dealer’s rights under this Contract.
REPOSSESSION
In the event of non-payment or other breaches of this Contract, Dealer may terminate the Contract and repossess the equipment. Dealer and its agents are not liable for any claims for damage or trespass resulting from the repossession.
INSPECTION OF TRAILER HITCH
Customer agrees to inspect the trailer coupling mechanism and safety chain before leaving Dealer’s premises and periodically thereafter (every 100 miles). The coupling and chain must be maintained in a safe and secure condition.
SEVERABILITY
If any provision of this Contract is deemed invalid, unenforceable, or waived, the remaining provisions shall remain in effect.
LOADING AND UNLOADING EQUIPMENT
Customer is responsible for loading and unloading equipment. If Dealer’s employees assist, Customer assumes all risks and agrees to hold Dealer and its employees harmless for property damage or personal injuries caused during the loading or unloading process.
FINES, FEES, LICENSES, AND TAXES
Customer is solely responsible for payment of any fines, fees, licenses, permits, taxes, or penalties resulting from the use or operation of the equipment during the Rental Term.
INSTALLATION
Customer agrees to arrange for a qualified individual to install the equipment, if necessary. Additional charges may apply for delivery, installation, dismantling, or retrieval performed by Dealer.
INSURANCE
Customer agrees to maintain:
Comprehensive insurance covering theft, loss, or damage to the equipment.
Commercial general liability insurance with a minimum limit of $1,000,000 per occurrence.
DAMAGE WAIVER
If the Customer pays the Damage Waiver Charge (DWC), they will not be responsible for damage to the equipment, except as otherwise outlined in this Contract.
SITE PREPARATION
If Dealer is delivering the equipment, Customer must ensure the site is ready for delivery, installation, or dismantling. Additional charges may apply for delays or extra labor due to site unpreparedness.