This is a contract. The contract, which may be continued on the back of this correspondence, contains important terms and conditions including Lessor's disclaimer from all liability for injury or damages and details fo the customer's (Lessee's) obligations. These terms and conditions are part of this contract. I certify that I have read and agree to all terms and conditions of this contract.
TERMS & CONDITIONS OF RENTAL AGREEMENT
1. Lessee acknowledges receipt of the herein described personal property. Both the parties agree that the property was inspected by KB Equipment Rental, LLC (dba "KB Equipment Rental"; dba "KB Equipment"; hereby “Lessor”) and personally examined by the Lessee at time of delivery to and accepted by the Lessee and that the property was in good and serviceable condition.
2. Title to the rented property is and at all times shall remain with the Lessee. Only the parties hereto and those other persons whose names are listed on the reverse side are authorized to use the property and Lessee shall not permit the property to be used by any other person or at any other address other than the address designated on the reverse side without the expressed written consent of the Lessor.
3. Lessee acknowledges that there are no warranties from Lessor either express or implied including any warranty of merchantability or fitness for a particular purpose. The parties agree that the Lessor is not the manufacturer of said property nor the agent of the manufacturer and no warranty is given against evident or hidden defects in material, workmanship or capacity.
4. Inspection: Lessee acknowledges that he or she has had an opportunity to personally inspect the property and finds it suitable for his or her needs and in good condition and understands the proper use of said property. Lessee further acknowledges his or her duty to inspect the property prior to use and notify Lessor of any defects or problem with the property. In the even the property becomes unsafe or in a state of disrepair. Lessee agrees to immediately discontinue its use and promptly return it to the Lessor. If the condition of the property is not the fault of the Lessor, the Lessee shall replace it with property of like kind in good working order.
5. Acceptable forms of payment include cash, credit card, or debit card. Additional processing fees may apply for electronic, ACH, or credit/debit card payments. A return payment fee of $40 shall apply to all NSF payments. Payment is due upon signing to confirm reservation; no reservations are confirmed until agreement is signed and all balances owed are paid in advance. Lessor reserves the right to cancel the booking without notice and without penalty if Lessor fails to remit payment and sign rental agreement in a timely fashion. Should Lessee sign their rental agreement and fail to remit payment in a timely fashion, Lessee is still responsible for the outstanding balance owed as they agreed to reserve the equipment in their signed rental agreement. Once payment is received, no refunds, exchanges, credits, or concessions will be issued for any reason. All sales and purchases are final, even if Lessee cancels their reservation.
6. At the termination of this agreement, the Lessee will promptly return the rented property and all its parts and attachments to the Lessor’s place of business. It is to be in the same condition as it was received, ordinary wear and tear excepted. The Lessee agrees to pay for any damage to the property or loss of its parts or attachments while in his or her possession or control and also, agrees to pay for any necessary cleaning. The Lessee further agrees to pay a late charge of 10% per month ($35 minimum) on any outstanding balance due to Lessor for the rented property after 7 days of the bill becoming due; said amount shall continue to accrue until paid in full. The Lessee further agrees to pay the fair market value in rent on a per diem basis for every day in which the rented property is not returned when due. Lessees agree to pay any and all collection or litigation cost necessary to collect the rent due or to obtain the rented property or to pay for the repair and or replacement of the rented property, including by not limited to reasonable attorney fees, court costs, and expert witness fees.
7. Lessor shall not be liable to Lessee for any loss, delay or damage of any kind resulting from defects or inefficiency of the rented property or accidental breakage. Lessor, at lessor's discretion, may discount, partially refund, or fully refund Lessee for the invoice if the equipment fails due to mechanical breakdown and Lessor is unable to repair or replace the rented equipment in a timely manner. Lessor shall not be responsible for any costs in excess of the invoice (i.e. Lessee's wages, material, labor, or other such costs unrelated to those charged by Lessor).
8. Lessee agrees to indemnify and save harmless the lessor against all loss, damage and expense and penalty arising from any action on account of any injury to any person or property occasioned by the operation, handling or transportation of the leased property during the rental period or while the property is in the possession or control of the Lessee. Lessee shall wear proper protective gear/equipment when utilizing the equipment.
9. Lessee shall give Lessor immediate notice of any levy attempted upon the rental property, or if the property for any cause becomes liable to seizure and shall indemnify Lessor against all loss and damages caused by such action, including Lessor’s reasonable attorney’s fees and expenses, including expert witness expense.
10. Lessee shall not retain the rental property beyond the “Due In” time without prior notice to and the consent of the Lessor. Lessee shall pay the rental price in advance or with prior agreement with Lessor, immediately upon return of the property. Should collection or litigation become necessary, Lessee agrees to pay all collection charges, including reasonable attorney's fees, court costs and expert witness expenses. Lessee understands that all machinery/equipment is limited to 10 machine hours per day, 50 machine hours per week, or 250 hours in any 28 day consecutive period; and, if exceeded, Lessee will be charged a rate of $100 per machine hour over these limitations, rounded up to the nearest whole hour.
11. At lessor’s sole discretion, all charges may revert to the daily rate if any monthly statement or invoice is not promptly paid. Lessor shall not make a refund on any items. Lessor may at his sole discretion, report the rental property stolen if held two (2) days beyond the “Due In” date.
12. Lessee waives and releases Lessor from all claims for injuries or damages to Lessee arising out of the use of the rental property by Lessee. Lessee assumes all liability associated with the use or operation of the above items and holds Lessor, its owners, members, employees, mechanics, affiliates, suppliers, contractors, subcontractors, partners, and associates harmless.
13. Lessee agrees that should any paragraph or provision of this agreement violate the law and be unenforceable, the rest of the agreement shall be valid.
14. Prohibited uses. Use of the rented merchandise in the following circumstances is prohibited and constitutes a breach of this contract.
a) Use for illegal purpose or in an illegal manner.
b) Use when equipment is in bad repair or unsafe.
c) Improper, unintended use or misuse.
d) Use by anyone other than the Lessee or his or her agents or employees, without Lessor’s express written permission
e) Use in any other location other than the address furnished Lessor without Lessor’s express written permission.
15. Damage waiver: Lessee assumes the entire risk with respect to damage, theft, or loss of the rented property. However, if the Lessee has paid the damage waiver as referenced herein, the Lessee shall not be responsible for damage to the rented property. SUBJECT TO THE FOLLOWING EXCEPTIONS AND LIMITATIONS:
a) The damage waiver does not apply to attachments or items used in connection with the rented property, included but not limited to hoses (air, water & hydraulic) tool steel, glass, cords, cables, blades, tanks, tires (including tubes) and other such items or attachments. Lessee agrees to pay in full for the damages to all such attachments or items.
b) The damage waiver shall not apply if the rented property is lost or stolen, and the Lessee agrees to pay in full for the damages to the rented property.
c) The damage waiver shall not apply if the rented property is used for a purpose for which it was not intended or if it was overloaded or otherwise abused, or if any of the safety features were tampered with, modified or in any way circumvented of if the Lessee or any of the Persons to whom the Lessee entrusted the rented property is negligent in his or her operation of the property. The lessee agrees to pay for the damages sustained to the rented property if any such events occur.
d) The damage waiver shall not apply if the Lessee uses the rented property in violation of any other term of this agreement and the Lessee agrees to apply for the damages sustained to the rented property if such occurs.
e) The damage waiver shall not apply if the Lessee or any of his agents, employees or persons to whom the rented property is entrusted or any other person who uses the rented property during the term of this lease, fails to perform maintenance on the subject property as required or is reasonably necessary.
16. All equipment, tools, machinery, and attachments must be cleaned and re-fueled (where applicable) prior to return or shall be subject to a minimum $250 cleaning fee per item and fuel at a rate of $8 per gallon. Lessee will be responsible for all costs incurred for fuel, parts, labor, hazardous waste, engine replacement, and all other applicable costs incurred as a result of using the improper fuel in a machine. If Lessee is unsure which type of fuel is required for any piece of equipment, it is Lessee's responsibility to ask Lessor.
17. Medium Term Rentals: If rental period is for any period beyond one week, Lessee is responsible for greasing all grease joints on machine minimum twice per week with EP2 rated grease at Lessee's expense. Failure to do so shall result in a minimum $500 fee. Should Lessee's failure to grease the grease joints of the machine cause any damage, Lessee shall additionally be responsible for the cost to repair/replace parts or machine, as needed.
18. Long Term Rentals: If rental period is for any period beyond 28 days, Lessee is responsible for all regular manufacturer-recommended maintenance of the machine during the rental period, including, but not limited to changing of oil and oil filter, fluid filters, cabin air filters, hydraulic fluid and filters, and more. Service to only be performed by Lessee, subject to additional charges quoted on an as-needed basis; or by a certified OEM service center, such as Bobcat (for Bobcat machines) or Kubota (for Kubota machines) with Lessor furnishing proof of receipt for such services. Should Lessee's failure to maintain the machine per manufacturer's reccommended instructions, Lessee shall incur a minimum fee of $500 and Lessee shall additionally be responsible for the cost to repair/replace parts or machine, as needed.
19. Smoking is prohibited in the machines. Any evidence of such will result in an additional cleaning fee of $500, not in lieu of any other cleaning fees charged.
20. For any trailer rentals or towable items, and/or any equipment Lessee chooses to transport themslves or hire a 3rd party to transport, Lessee shall be directly responsible for any damages or lossess causes during transportation or storing of the machine. In any event, Lessee is responsible for utilizing their own chains, binders, and straps and must ensure those items are rated appropriately for the load. Lessee responsible for properly securing the load and ensuring the vehicle, trailer, chains, and binders, are properly rated for the load. Lessee is to stop and check straps and chains at first quarter mile. Tires are repaired at Lessee’s expense. Tire replacement shall be charged at a rate of $300 per tire. Lessee is further responsible for all turnpike/toll road charges.
21. Any civil action which Lessee may desire to bring for a default breach under this contract including but not limited to breach of warranty, breach of contract or indemnity must be commenced within one (1) year after the cause of action accrues.
22. IN THE EVENT OF DEFAULT OR BREACH BY LESSEE PURSUANT TO THE TERMS OF THIS CONTRACT, THE LESSEE EXPRESSLY AUTHORIZES LESSOR OR LESSOR’S EMPLOYEES AND /OR AGENTS TO ENTER UPON THE PROPERTY OF THE LESSEE WHERE IN THE RENTED PROPERTY IS KEPT AND, WITHOUT BREACHING THE PEACH, RECLAIM THE RENTED PROPERTY. LESSEE HEREBY AGREES TO SUPPLY ANY AND ALL NECESSARY ASSISTANCE TO ACOMPLISH THIS PURPOSE. IT IS AN EXPRESS BREACH OF THIS CONTRACT WHEN THE LESSEE FAILS TO RETURN TO RENTED PROPERTY AT THE SCHEDULED RETURN TIME.
23. Lessee agrees to be responsible for and perform or have performed all routine maintenance (as recommended by the manufacturer) on the rental property.
24. Lessee agrees to be responsible for the rental property and agrees to pay any and all damaged to the rental property if such should occur while it is in his or her possession or being transported whether or not the Lessee uses a trailer provided by or rented from the Lessor. Lessee warrants that he has inspected the trailer, the hitch, and the connection to the vehicle and that same are in safe and satisfactory operating condition at the time this contract is signed.
25. Compliance with Laws: Lessee acknowledges that Lessor has no control over the use of the rental property by the Lessee, and Lessee agrees at his sole expense for comply with all municipal, county, state and federal laws, ordinances and regulations, including the occupational Safety and Health Administration Act of 1970 (OSHA), as amended, which may which may affect the rental property, while it is in the possession of and use by the Lessee. Lessee shall not permit any person who is not legally qualified, and property trained to use the rental property without prior written approval from Lessor.
26. Lessee agrees that he shall report to the Lessor, in writing, any and all accidents involving Lessor’s rental property not later than the Contract Termination Date shown on the face of the contract.
27. Permitted area of use of Equipment: Lessee shall not remove the rental property from the premises address at which it is rented unless written permission is given by Lessor. Lessor reserves the right to equip equipment with global position system monitoring, not to be tampered with or removed. Should Lessee move the equipment from the premise address at which it is rented, even if equipment is only temporarily removed from the premises, Lessee will be found in Breach of this Contract, incur a $5,000 fee, will be responsible for all actual costs incurred for the retrieval, hauling, and delivery of the equipment back to KB Equipment Rental, charged at a rate of: the greater of $500, $3.75 per mile traveled, or actual costs incurred and will be responsible for all income lost as a result of the absence of the equipment. If equipment cannot be located or reasonably retrieved or is damaged in the retrieval process, Lessee will be responsible for replacing the equipment in addition to the above-stated fees/costs and may receive criminal charges.
28. Lessee’s liability for misuse of rental property. Lessee shall not abuse harm or misuse the rental property. Lessee shall not permit any repairs to be made or lien to be placed upon the rental property without Lessor’s prior written consent. In the event of any accident or casualty resulting in bodily injury or property damages arising out of Lessee’s use and hiring of said rental property. Lessee agrees to accept all responsibility therefore and shall hold Lessor harmless from any claims of action arising therefrom. Lessee shall furnish Lessor with a complete report of any accident involving said rental property including names and addresses of all persons and witnesses involved. Unless otherwise specified herein, in case of the loss of destruction of any part of the rental property or the loss thereof, or inability to return the same to Lessor on the expiration and due date for any reason whatsoever, Lessee shall pay Lessor the actual replacement cost thereof and in addition thereto damages for Lessor’s loss of use of said rental property.
29. Lessee may not assign his position in this contract to another party.
30. Lessee may not sublease any equipment or machinery.
31. Lessee understands Lessor reserves the right to retrieve all items rented out immediately if Lessee is found in Breach of this Agreement with no refunds, warranties, or exchanges.
32. Lessor reserves the right to refuse service to any customer.
Customer understands and agrees to all terms, conditions, rental periods, rules, and applicable fees and surcharges listed herein by signing.