AFTER HOURS EMERGENCY SERVICES 417-221-3986
IT IS HEREBY WARRANTED AND REPRESENTED THAT THE INDIVIDUAL SIGNING THIS AGREEMENT IS AUTHORIZED TO DO SO ON BEHALF OF THE CUSTOMER BE IT A CORPORATION, PARTNERSHIP, OR OTHER ENTITY. IT IS FURTHER UNDERSTOOD THAT THE RISK OF LOSS OF THE EQUIPMENT AS WELL AS ANY LIABILITIES WHICH MAY STEM THEREFROM IS AT ALL TIMES TO THE LESSOR OR THE CUSTOMER DURING THE TIME THAT THE CUSTOMER HAS POSSESSION OF THE EQUIPMENT STATED HEREIN, SAID RISK OF LOSS SHALL BE THAT OF THE CUSTOMER. DAMAGE WAIVER DOES NOT INCLUDE TIRES, ABUSE, OR THEFT.
Missouri statutes provide that willful failure to return leased or rented property is a class A misdemeanor or a class C felony.
This is a contract. The back of this contract contains signatures and conditions including lessor’s disclaimer from all liability for injury or damage and details of customer’s obligations. These terms and conditions are a part of this contract – READ THEM!
If equipment does not function properly notify lessor within 30 minutes of occurrence or no refund or allowance will be made.
Lessee acknowledges receipt of goods and/or services in the amount of the total shown hereon and agrees to perform the obligations indicated by the card member’s agreement with the issuer.
WE SELL TIME, YOUR PROMPT RETURN SAVES YOU MONEY. WE CHARGE FOR ALL TIME OUT INCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS. A CLEANING CHARGE IS MADE ON ALL ITEMS RETURNED UNCLEAN. CUSTOMER IS REPSONSIBLE FOR FUEL USAGE
TERMS AND CONDITIONS OF RENTAL CONTRACT - GENERAL TOOL AND EQUIPMENT
1. For good and valuable consideration, you and Nation-Wide General Rental Center, Inc., d/b/a: “General Rental Center” agree as follows: As used herein, “Page 1” refers to the first page or “face” of this Contract; “Contract” refers to Page 1 together with these Terms and Conditions of Rental Contract, “Rented Item(s)" or “Item(s)" means the item(s) rented to you, as identified on Page 1 (including any “Instructions” provided per the terms of Section 4 below): “Site” means the delivery or use address set forth on Page 1; “Customer,” “Lessee,” “you” and “your” mean the customer or “Lessee” identified on Page 1, and “Lessor,” “we,” “us” and “our’ mean General Rental Center.
2. You agree to rent from General Rental Center and General Rental Center agrees to rent to you the Rented Item(s) for the period(s) specified on Page 1 (the “Term”). You agree to pay us our stated Rental rate(s) (the “Rent’), together with any other charges accruing hereunder, without proration, reduction or setoff, until all Rented Item(s) is/are returned to and accepted by General Rental Center in the proper return condition as required under Section 5. Unless otherwise specifically agreed by General Rental Center, all rental rates are for normal use of the Rented Item(s) on a single-shift basis during the Term, not exceeding 8 hours per day, 40 hours per week, and 160 hours per 4-week period, and otherwise in accordance with the terms hereof and the “Instructions” described in Section 4. Additional charges will accrue for late returns, overuse, and misuse. No allowance will be made for weekends, holidays. time in transit or other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent’). You agree: (a) to pay us: (i) the Estimated Rent specified on Page 1 in advance of the Term (the “Prepayment’); and (ii) any other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment (iii) no Prepayment will be deemed a limit of your liability to General Rental Center; and (iv) all Prepayments are NON-REFUNDABLE unless otherwise specifically agreed by General Rental Center. Anything remaining with, in or on any Rented Item(s) upon return will, at our option, be deemed surrendered and abandoned.
3. If we agree to deliver and/or retrieve any Item(s), you will: (a) pay our regular charge(s) therefore, and for time spent awaiting access to the Site; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. General Rental Center will not be responsible for any delay(s) caused by the acts or omissions of any other parties, including providers of other equipment or services (‘Other Providers”) for which you hereby release and agree to indemnify, defend and hold harmless General Rental Center. If you are not present upon delivery and/or retrieval of any Item(s), you agree to accept the statements of General Rental Center’s representatives regarding the same (including status, condition, quality. utility, freedom from defects, and quantities).
4. Upon your receipt of the Item(s), unless you immediately reject it/them), you represent, warrant, acknowledge and agree that: (a) each Item: is in good repair oa operating condition and is in all ways acceptable to you; (ii) is appropriate for your purposes: and (iii) was selected (not based on any recommendation by General Rental Center), examined, and inspected solely by you; and (b) you: (i) have received, read and understood all training, instructions, user manuals, maintenance requirements, and other information, if any (including all familiarization and training recommended or required under applicable EPA, OSHA, NFPA. ASSE, and/or ANSI Standards) regarding the proper and safe transportation, installation, fueling, use, maintenance and storage of such Item(s) (collectively, “Instructions’); (ii) will fully comply therewith (including EPA Tier 4 regulations, as applicable); (iii) have been made aware of the need to use all recommended and required safety equipment (including fall protection equipment for all lifts/AWPs and scaffolds); (iv) will use each item only for its intended purpose, in a reasonable and safe manner: (v) will give any required notice(s) to, and obtain all necessary licenses, authorizations and permits from, the appropriate governmental authorities; (vi) have obtained, or will timely obtain, all necessary licenses, permits, authorizations and approvals; (vii) will advise all local utilities and cable companies before ea Item(s) to dig or disturb the ground surface (call 811 or go to www.motcall.com at least 3 full working days in advance): (viii) will immediately cease using any Item that breaks down, malfunctions or proves defective (a “Malfunction”); and (ix) will ensure that all others comply herewith at all times. You will notify General Rental Center immediately if any of the above statements is/are or becomes incorrect at any time.
5. You agree to protect, properly maintain and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to General Rental Center on time, clean and otherwise in good order, condition and repair, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluid and lubricants. if you fail to do so. you will pay to General Rental Center: (a) Rent for each Succeeding full rental period until all Item(s) have been returned or replaced as required; and (b) all costs and expenses General Rental Center may incur in connection with such failure. In the event of a Malfunction, you will immediately notify, and return the Malfunctioning Item(s) to, General Rental Center. Provided such Malfunction did not result from any breach of this Contract or any | or negligent act or omission by you or anyone you permit to use or deal with any Item(s), General Rental Center will, at its sole option: (i) repair the subject Item; (ii) provide you with a comparable item within a reasonable time; or (iii) return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. General Rental Center will have no other obligation(s) regarding Malfunctions, all of which you hereby waive.
6. Except with respect to Rented Items which we rent from one or more third parties (each, an “Owner’) and then re-rent to you (‘re-rented items”), General Rental Center owns and will retain title to all Rented Items at all times. Your only right with respect to such Item(s) (including re-rented item(s) is to use it/them in full compliance with this Contract during the Term. You will not permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item. You may not loan. transfer, sublease applicable law, policy of insurance or warranty; (iii) use any Rented Item(s) to store, move or otherwise deal with any flammable, explosive, noxious, caustic, poisonous, radioactive or otherwise hazardous substance(s); of (iv) take possession of or exercise control over any Rented Item without our prior consent (which may be granted, conditioned or withheld in our sole and absolute discretion).
7. General Rental Center is NOT THE MANUFACTURER OR DESIGNER of any of the Rented item(s}, all of which are provided “AS-IS”. NEITHER General Rental Center NOR ANY OWNER MAKES ANY WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE. FUNCTION, DESIGN, CAPACITY, FREEDOM FROM DEFECTS, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR WORKMANLIKE PERFORMANCE) regarding any Item(s) or Service(s) provided hereunder, nor does General Rental Center or any Owner make any warranty against INTERFERENCE OR INFRINGEMENT, all of which you hereby waive. No depictions, samples, models, drawings, specifications, descriptions or advertisements constitute representations or warranties by General Rental Center or any Owner.
8. WARNINGS: POWERED TOOLS AND EQUIPMENT, INCLUDING LIFTS, EXCAVATORS,
TRENCHERS, TELEHANDLERS, TILLERS, SHREDDERS, CHIPPERS, HAMMERS, LOADERS,
BACKHOES, AND ITEMS USED FOR DIGGING, COMPACTING, WELDING, SAWING, SPRAYING, BREAKING, BORING, TOWING AND/OR HAULING, CAN BE DANGEROUS AND SHOULD BE SERVICED, MAINTAINED, REPAIRED AND USED WITH GREAT CARE, ONLY FOR THEIR INTENDED PURPOSE(S). AND ONLY BY PROPERLY TRAINED. FAMILIARIZED, QUALIFIED, INSTRUCTED, AND IF APPLICABLE, LICENSED, INDIVIDUALS.
9. YOU AGREE TO PROVIDE ANY AND ALL NECESSARY FAMILIARIZATION, TRAINING,
INSTRUCTIONS AND WARNINGS TO ALL USERS OF THE RENTED ITEM(S), and ensure that each such Item is used safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) unless otherwise specifically agreed by General Rental Center on a case-by-case basis, at the Site; (d) BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED AND/OR LICENSED (AS APPLICABLE) OPERATORS: and (e) otherwise in full compliance with the Instructions as well as all applicable laws, rules and regulations, at all times. You will not, nor will you permit anyone else to: (i) abuse, misuse, overuse, remove, conceal, repair, modify, damage or destroy any Rented Item; (ii) violate any Contract allocates for you the risk of injury, loss of, or damage to, persons or property arising in connection with the subject matter of this Contract, and that allocation is reflected in a reduced Rent. You agree to pay all taxes (including all sales. use, transfer, value added, environmental and other taxes), fines, fees, assessments and other charges related to each Item. In the event any legal action is commenced in connection with this Contract, if General Rental Center is the prevailing party, General Rental Center will be entitled to recover its costs and expenses associated therewith (including without limitation, attorneys’ fees and expenses) from you. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available hereunder or in connection herewith will constitute an election of remedies or a waiver of any right or remedy we may have, all of which shall be cumulative.
10. INDEMNITY/HOLD HARMLESS. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW. YOU: (A) ASSUME ALL RISK OF PERSONAL INJURY, LOSS, PROPERTY
DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, ALL RENTED ITEM(S) AND SERVICE(S) REFERENCED HEREIN, INCLUDING WITHOUT LIMITATION, ANY AND ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, MAINTENANCE, REPAIR AND/OR RETAKING OF ANY SUCH ITEM(S) OR SERVICE(S), WHETHER OR NOT YOUR FAULT: AND (B) YOU HEREBY RELEASE AND DISCHARGE General Rental Center AND EACH OWNER FROM AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS General Rental Center AND EACH OWNER, AND THEIR MANAGERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OWNERS, INSURERS. SUBROGEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH ITEM(S) AND/OR SERVICES. You hereby waive any and all fights and remedies available under the Uniform Commercial Code as adopted in Missouri, as well as all incidental, consequential, special, and punitive damages against General Rental Center and each Owner.
11. You agree to maintain all insurance General Rental Center deems necessary, which at a minimum, may include: (a) liability insurance with minimum limits of $1,000,000 per occurrence: and (b) property damage/inland marine insurance covering all Rented Items for the full (new) replacement value thereof. Such policies shall, as applicable: (i) name General Rental Center as an additional insured and loss payee; (ii) waive subrogation against General Rental Center; (iil) be primary and non-contributory (General Rental Center's insurance will be excess); and (iv) include such other provisions (including deductibles) as General Rental Center deems necessary or appropriate.
12. If and only if, we have offered, and you have elected to purchase the OPTIONAL DAMAGE WAIVER and paid the Damage Waiver fee set forth on Page 1 prior to commencement of the Term, then with respect solely to the item(s) covered by Damage Waiver (“ Items"), you will have no liability to General Rental Center for 80% of the cost to repair or replace such Covered Items (up to $10,000) if and to the extent they suffer physical damage during the Term; provided however, that you will remain liable to General Rental Center for: (a) all coverage to or loss of Covered Item(s) caused in whole or in part by: (i) your breach of this Contract; (ii) theft or any failure to return Covered Item(s); (iii) gross negligence, misuse and/or abuse; (iv) vandalism and malicious mischief, (v) use of alcohol or drugs; and/or (vi) use of any Rented Item in violation of this Contract or any applicable law or policy of insurance; (b) all damage to tires, belts, tracks, chains, knobs and/or hoses: and (c) all replacement or repair costs for damage to Covered Item(s) exceeding $10,000. You may decline Damage Waiver only if you comply fully with this Contract (including Section 11). DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A. RANTY.
13. Your duties hereunder are unconditional. If you or any guarantor: (a) fail to fully and timely comply with any provision of this Contract; (b) provide any incorrect or misleading information to General Rental Center; (c) become insolvent; or (d) die or cease conducting business, or if any Rented Item(s) shall be lost, damaged or destroyed (except to the extent covered by Damage Waiver, as provided in Section 12), you will be in default, whereupon. General Rental Center may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) terminate your rental: (ii) seek relief from any automatic stay; (iii) recover, lock or disable the Rented Item(s) without being guilty of trespass or liable for personal injuries or property damage (for which you agree to indemnify, defend and hold harmless General Rental Center); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement item(s) as necessary; (vi) recover from you and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the remainder of the Term and attorneys’ fees): and/or (vii) pursue any other rights and/or remedies available hereunder. at law and/or in equity. all of which shall be cumulative.
14. To the maximum extent permitted under applicable law, you grant General Rental Center a lien on all real and personal property placed in or on, or improved with, any Rented Item(s). We may, without notice or liability to you, remotely monitor (including the use of telematics) and/or inspect any Rented Item(s) any time. and all information and data thereby obtained will be the sole and exclusive property of General Rental Center. If any performance required of General Rental Center is delayed or rendered impractical as a result of any act or omission of any Other Provider(s) or any “Act of God” (any event, fact or circumstance beyond our reasonable control), we will be excused from such performance. You waive the benefits of any and all statutes of limitations regarding General Rental Center's rights and remedies. All amounts due hereunder but not timely paid will bear interest at the lesser of (a) 18% per annum, or (b) the highest rate permitted under applicable law until paid. You authorize General Rental Center to obtain and retain your credit information and history. You agree to pay General Rental Center the maximum lawful charge for any check you write which is returned unpaid. General Rental Center’s maximum liability in connection with this Contract is limited to the amount(s) actually paid by you hereunder. This or assign any Rented Item or this Contract without the prior written consent of General Rental Center, and if applicable, the Owner of any re-rented item(s). General Rental Center may sell and/or assign all or any part of its interests in the Rented Item(s) and/or this Contract, in which event, you will attorn to the assignee. who will not be responsible for any pre-existing obligations or liabilities of General Rental Center hereunder.
15. You agree that this Contract represents a true “operating” lease (and not a “disguised
financing). This Contract, and any Addenda provided by General Rental Center, represent the entire agreement between you and General Rental Center, superseding all other oral and written agreements and representations (including General Rental Center's website and advertising). The terms of this Contract are severable. If any provision hereof is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make such provision valid and enforceable, or if no such modification shall be possible, deleted, and in either such event, the remainder of this Contract will remain valid and in full force and effect. This Contract cannot otherwise be amended or extended except in a writing signed by General Rental Center. Time is of the essence. There are no third-party beneficiaries hereto other than the Owner(s) of any re-rented Item(s). These Terms and Conditions will be deemed to apply not only to all Item(s) identified on Page 1, but also to ail other items you obtain from General Rental Center at any time (except only as otherwise agreed by General Rental Center). You acknowledge that this Contract (a) is fair and reasonable under the circumstances, and (b) shall be interpreted under the laws of the State of Missouri, with proper venue for any and all associated civil lawsuits and legal proceedings lying solely and exclusively in the federal and state courts located in or nearest to Boone County, Missouri (unless waived by General Rental Center). You hereby consent and submit to such jurisdiction and venue and waive all claims that it constitutes an inconvenient forum. Digital, electronic, photocopied and facsimile signatures and initials included on this Contract shall be deemed the equivalents of originals for all purposes.
16. WARNING: Failing to timely return, or concealing, selling. pawning, loaning, abandoning, giving away or destroying leased or rented personal property may subject the lessee to CIVIL PENALTIES and/or CRIMINAL PROSECUTION. See R.S.Mo. §§ 578.150, 569.100 and 569.120, et seq., and their respective successor provision(s), if any, for details.
LESSEE ACKNOWLEDGES THAT A LARGER-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE