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 for the customer's (Lessee's) obligations, waiver of certain rights, and the enforcement of a personal guaranty. These terms and conditions are part of this contract. Please consult with an attorney prior to signing. By signing, signer hereby certifies that he/she/it has read and agreed to all terms and conditions of this contract.
EQUIPMENT RENTAL AGREEMENT
This Equipment Rental Agreement (“Agreement”) is entered into between KB Equipment Rental, LLC d/b/a KB Equipment Rental and KB Equipment (“Lessor”) and the undersigned customer (“Lessee”).
By signing, Lessee agrees to all terms and conditions set forth herein.
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1. EQUIPMENT ACCEPTANCE; CONDITION; TITLE
Lessee acknowledges receipt of the equipment, trailer(s), attachment(s), and related property described in the rental invoice (“Equipment”). Lessee confirms:
• Equipment was inspected by Lessor and personally examined by Lessee.
• Equipment was received in good, serviceable condition unless noted in writing at delivery.
• Lessee understands proper operation and was given the opportunity to ask questions or review the operator’s manual.
• Lessee understands his/her/its responsibility for insurance and damages
• Agreement to all terms
Title to the Equipment shall at all times remain with Lessor.
Lessor reserves the right to finance, levy, or lien equipment.
Lessee grants Lessor a security interest in all proceeds relating to the Equipment and authorizes Lessor to file UCC financing statements if necessary.
Lessee shall immediately notify Lessor in writing of any levy, lien, seizure, attachment, or legal process affecting the Equipment. Lessee shall indemnify, defend, and hold harmless Lessor from all loss, damage, claims, costs, and expenses (including attorney and expert fees) arising from or related to any such action.
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2. PERSONAL IDENTIFICATION AND VERIFICATION REQUIREMENT
2.1 Identification Required.
As a condition of rental, Lessee and any individual signing this Agreement on behalf of Lessee shall provide valid, government-issued photo identification (e.g., driver’s license, state ID, or passport). Lessor may require additional documentation including proof of business registration, EIN confirmation, proof of address, insurance certificates, or credit references.
2.2 Copy Authorization.
Lessee expressly authorizes Lessor to photocopy, scan, photograph, or electronically store copies of such identification documents for purposes including, but not limited to:
• Identity verification
• Fraud prevention
• Credit approval
• Contract enforcement
• Collection actions
• Repossession efforts
• Insurance claims
• Law enforcement cooperation
• Litigation support
2.3 Accuracy of Information.
Lessee represents and warrants that all identification and information provided is true, accurate, current, and not fraudulent. Providing false, altered, or misleading identification constitutes a material breach of this Agreement and may result in immediate termination and referral to law enforcement.
2.4 Personal Guarantor Identification.
If Lessee is a corporation, LLC, partnership, or other entity, Lessor may require personal identification from:
• The signing officer;
• Any personal guarantor;
• Any authorized operator;
• Any individual taking possession of Equipment.
2.5 Refusal to Provide Identification.
Failure or refusal to provide required identification shall result in denial or cancellation of the rental without liability to Lessor.
2.6 Use and Disclosure.
Lessor may disclose identification information to:
• Insurance carriers;
• Attorneys or collection agencies;
• Law enforcement agencies;
• Courts or arbitration forums;
• Financial institutions for payment verification.
Such disclosure shall be limited to lawful business purposes related to the rental transaction.
2.7 Data Security and Retention.
Lessor shall maintain commercially reasonable administrative and technical safeguards to protect stored identification records. Lessor may retain such records for as long as reasonably necessary for business, legal, tax, insurance, and risk management purposes.
2.8 Consent to Verification Checks.
Lessee authorizes Lessor to verify identity and business information through commercially available verification services and public records, and to confirm validity of driver’s licenses where permitted by law.
2.9 Biometric or Photo Confirmation.
Lessee consents to Lessor capturing a contemporaneous photograph of the individual taking possession of the Equipment at time of release for fraud prevention and identification purposes. Such image may be used in enforcement, repossession, or criminal proceedings if necessary.
2.10 Survival.
This Section survives termination of the Rental Agreement.
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3. PHOTO AND VIDEO DOCUMENTATION
3.1 Pre-Rental Condition Documentation.
Lessee acknowledges and agrees that Lessor may photograph and/or video record the Equipment, including all components, attachments, hour meters, serial numbers, tires or tracks, hydraulic systems, and overall condition, prior to delivery or release. Such documentation shall serve as prima facie evidence of the Equipment’s condition at the commencement of the Rental Period.
3.2 Delivery Documentation.
At the time of delivery or pickup, Lessor may photograph or video record the Equipment at the jobsite or loading location. Lessee authorizes such documentation and agrees that it may include surrounding site conditions relevant to safe placement, ground stability, and accessibility.
3.3 Return Documentation.
Upon return, Lessor may photograph and/or video record the Equipment to document condition, cleanliness, fuel level, hour meter reading, damage, missing components, or excessive wear. Such documentation shall serve as prima facie evidence of the Equipment’s condition at the end of the Rental Period.
3.4 Evidentiary Use.
Lessee agrees that all photographs, video recordings, digital images, telematics data, inspection reports, and time-stamped documentation created by Lessor may be used for:
• Billing and damage assessment
• Insurance claims
• Enforcement of this Agreement
• Litigation, arbitration, or collection proceedings
• Dispute resolution
Lessee waives any objection to admissibility based solely on lack of personal knowledge, authentication, or chain of custody, to the fullest extent permitted by law.
3.5 Failure to Inspect or Object.
If Lessee fails to document and report damage or discrepancies in writing prior to use of the Equipment, Lessee shall be deemed to have accepted the Equipment in good condition. Any damage identified upon return that was not previously documented shall be presumed to have occurred during the Rental Period.
3.6 Customer Documentation.
Lessee is encouraged to take its own photographs at delivery and return. Any claims of pre-existing damage must be submitted in writing within 1 hour of delivery and before operation of the Equipment.
3.7 Refusal or Interference.
Interference with or refusal to permit reasonable photo or video documentation constitutes a material breach of this Agreement.
3.8 Rebuttable Presumption. In any dispute regarding damage, loss, misuse, or excessive wear, Lessor’s time-stamped photographic or video documentation shall create a rebuttable presumption that such damage occurred during Lessee’s possession unless Lessee provides clear and convincing evidence to the contrary.
3.9 Data Retention.
Lessor may retain photographic and video documentation for a commercially reasonable period for legal, insurance, and record-keeping purposes.
3.10 No Expectation of Privacy.
Lessee acknowledges no expectation of privacy in the Equipment itself. Documentation shall focus on the Equipment and related site conditions and is not intended to capture personal activities unrelated to the rental.
3.11 Survival.
This provision survives termination of the Rental Agreement.
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4. ASSUMPTION OF RISK
Lessee understands that the possession, transportation, loading, unloading, setup, and operation of Equipment is inherently dangerous and may involve risks including, but not limited to:
• Falls, tip-over, rollover, electrocution, crushing injuries, pinch points, mechanical failure, fire or explosion, flying debris, environmental hazards and concerns, equipment malfunction, property damage, serious bodily injury, or death.
Lessee knowingly and voluntarily assumes all risks, known or unknown, inherent or latent, arising from possession, use, misuse, transportation, or operation of the Equipment.
Lessor is NOT responsible for any property damage or personal injury sustained while equipment is being loaded into, onto, or out of a customer’s vehicle or trailer. If our employees assist in the loading/unloading, LESSEE assumes the full risk of any such damage or injury.
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5. OPERATION; QUALIFICATIONS; COMPLIANCE WITH LAW
Lessee agrees:
• Equipment shall be operated only by properly trained, qualified, evaluated, and authorized individuals.
• Operators must comply with all applicable federal, state, and local laws and safety regulations, including OSHA where applicable.
• Lessee is solely responsible for jobsite safety, hazard assessments, PPE, fall protection (if applicable), work zone protection, inspections, maintenance, and regulatory compliance.
• Equipment shall not be operated in unsafe conditions or beyond rated capacity.
• Safety devices shall not be altered, disabled, or bypassed.
• Lessee has access to manufacturer’s owner’s manuals and operation manuals and has been advised by Lessor to read such prior to transport or operation
Lessee has exclusive custody, control, possession, and responsibility for the equipment during the rental period. Rental does not constitute certification, training, supervision, inspection, authorization, or safety oversight by Lessor.
Lessor:
• Does not supervise operation.
• Does not control jobsite or environmental conditions.
• Does not verify operator qualifications or competence.
• Does not provide safety oversight or hazard analysis.
Operation by an unqualified or unauthorized operator constitutes a material breach of this Agreement.
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6. MOBILE ELEVATED WORK PLATFORM(S) (“MEWP”)
If the equipment rented qualifies as a Mobile Elevated Work Platform (“MEWP”), this section specifically outlines increased inherent risk and operator requirements. If the equipment rented is not a MEWP, please disregard this section.
Lessee acknowledges that the rented equipment constitutes a Mobile Elevated Work Platform (“MEWP”), including but not limited to boom lifts, articulating lifts, telescopic lifts, and aerial lifts.
Lessee understands and agrees that operation of a MEWP is an inherently dangerous activity involving additional risk of:
• Falls from height
• Tip-over
• Electrocution
• Crushing injuries
• Mechanical failure
• Property damage
• Serious bodily injury or death
Lessee knowingly and voluntarily assumes all risks, known or unknown, inherent or latent, arising from possession, delivery, transportation, setup, inspection, maintenance, use, misuse, loading, unloading, and operation of the equipment.
Lessee represents, warrants, and agrees:
• The MEWP shall be operated only by individuals who are properly trained, qualified, certified for MEWP operation, evaluated, and authorized.
• Each operator shall meet all applicable OSHA and regulatory requirements governing MEWP operation.
• Each operator shall have completed formal instruction, practical training, and evaluation of competence.
• Each operator shall be familiarized with the specific make and model rented.
• Lessee shall maintain documentation of training and provide it upon request.
Rental of the equipment does not constitute certification, training, supervision, or authorization by Lessor. Lessee is solely responsible for full OSHA compliance, including fall protection, hazard assessment, work zone protection, inspections, and PPE.
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7. INSPECTION; MAINTENANCE; CARE
Lessee shall:
• Inspect Equipment prior to each use.
• Immediately discontinue use and notify Lessor if Equipment becomes unsafe.
• Not operate equipment if any safety device or warning system is inoperative or compromised.
• Not exceed rated capacity
• Not modify, alter, disable, or bypass equipment or safety devices.
• Not exceed rated load, capacity, or operational limits.
• Not operate equipment in unsafe conditions, including unstable ground, hazardous environments, or unsafe weather conditions.
• Follow all manufacturer instructions and safety guidelines.
• Perform routine manufacturer-recommended maintenance during the rental period.
• For rentals longer than one week: grease all grease points twice weekly with EP2-rated grease at Lessee’s expense (minimum).
• For rentals longer than 28 days: grease twice weekly with EP2-rated grease, perform required manufacturer maintenance or use certified OEM service providers (fluids, filters, etc.), with proof provided to Lessor, all at Lessee’s expense
Failure to maintain Equipment may result in minimum fees of $500 plus repair costs.
Smoking in Equipment is prohibited ($500 minimum cleaning fee).
Equipment must be returned clean and refueled (fuel charged at $8/gallon; minimum $250 cleaning fee).
Improper fuel use: Lessee responsible for all resulting damages.
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8. EQUIPMENT START-UP PROCEDURES; COLD WEATHER OPERATION
Lessee shall ensure that the throttle is in the low or idle position prior to starting the Equipment. Under no circumstances shall the engine be started with the throttle engaged above idle.
When ambient temperatures fall below 50°F, Lessee shall allow the Equipment to idle for a minimum of fifteen (15) minutes prior to operation to permit proper circulation and warming of engine oil, hydraulic fluid, and other system components.
Failure to follow these start-up and warm-up procedures shall constitute improper operation and misuse of the Equipment. Lessee shall be fully responsible for any resulting engine, hydraulic, or mechanical damage, including latent or consequential damage, together with all repair costs and loss of rental income.
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9. GPS TRACKING; TELEMATICS; LOCATION MONITORING
9.1 Tracking Devices Installed.
Lessee acknowledges and agrees that the Equipment may be equipped with Global Positioning System (GPS) tracking devices, telematics systems, engine control modules, remote disablement systems, hour meters, and/or other electronic monitoring technology (collectively, “Telematics Systems”).
9.2 Consent to Monitoring.
Lessee expressly consents to Lessor’s use of Telematics Systems to monitor, collect, record, and store data relating to the Equipment, including but not limited to:
• Real-time and historical geographic location
• Usage hours and operating patterns
• Speed, movement, and geofencing data
• Diagnostic and fault code data
• Maintenance and service alerts
• Engine performance metrics
• Impact detection and tilt events
Lessee acknowledges that such monitoring may occur at any time during the Rental Period.
9.3 Purpose of Monitoring.
Monitoring may be used for lawful business purposes including, without limitation:
• Theft prevention and recovery
• Protection of Lessor’s property
• Verification of return location
• Enforcement of rental terms
• Billing verification (hour usage)
• Maintenance scheduling
• Risk management and safety compliance
• Locating Equipment in the event of default
9.4 No Expectation of Privacy.
Lessee acknowledges and agrees that it has no expectation of privacy in the location, operation, or use of the Equipment. Monitoring is limited to the Equipment and does not intentionally monitor personal communications.
9.5 Remote Disablement.
Where permitted by law, Lessee agrees that Lessor may remotely disable or restrict operation of the Equipment in the event of:
• Non-payment
• Failure to return Equipment
• Suspected theft
• Violation of Agreement terms
• Safety or misuse concerns
Lessor shall have no liability for damages, project delays, or losses arising from lawful disablement.
9.6 Tampering Prohibited.
Lessee shall not remove, disable, shield, damage, alter, or interfere with any Telematics Systems. Tampering constitutes a material breach of this Agreement and may result in:
• Immediate termination
• Repossession
• Assessment of liquidated damages of $500 per occurrence
• Payment of all repair/replacement costs
9.7 Data Ownership.
All telematics data is and shall remain the exclusive property of Lessor. Lessor may use such data for internal business purposes and legal enforcement.
9.8 Acknowledgment of Lawful Repossession.
Lessee acknowledges that in the event of default, Lessor may use GPS location data to enter public or private property (where legally permitted) to recover Equipment without prior notice and without breach of peace. Lessee waives any claim for trespass or conversion arising from lawful repossession.
9.9 Compliance with Law.
Lessor agrees that use of Telematics Systems will comply with applicable federal and state law.
9.10 Survival.
This clause survives termination of the Rental Agreement.
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10. PROHIBITED USE
The following constitute material breach:
• Illegal use
• Misuse or unintended use
• Operation by unauthorized persons
• Use outside the designated jobsite address without written consent
• Subleasing, assignment, or loan
• Removing or tampering with GPS devices
• Altering the equipment
• Operating unsafe or damaged Equipment
Unauthorized relocation triggers a $1,000 fee plus retrieval costs and lost rental income.
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11. ENVIRONMENTAL COMPLIANCE; HAZARDOUS MATERIALS; CONTAMINATION
11.1 Compliance With Environmental Laws.
Lessee shall comply with all applicable federal, state, and local environmental laws, regulations, and ordinances, including but not limited to laws governing hazardous substances, petroleum products, contaminated soils, wetlands, stormwater runoff, and waste disposal (“Environmental Laws”).
11.2 Hazardous Materials Defined.
For purposes of this Agreement, “Hazardous Materials” includes, without limitation:
• Petroleum, fuel, oil, lubricants, and hydraulic fluids
• Hazardous substances as defined under applicable law
• Toxic chemicals, asbestos, lead, mold, PCBs
• Contaminated soils or groundwater
• Industrial waste or regulated materials
11.3 Use in Contaminated Areas.
Lessee shall not use the Equipment in any area known or reasonably suspected to be contaminated with Hazardous Materials unless:
(a) Lessee provides prior written notice to Lessor; and
(b) Lessor provides written consent.
Use of Equipment in demolition, environmental remediation, waste handling, landfill, or hazardous cleanup operations requires prior written approval.
11.4 No Exposure or Contamination.
Lessee shall not allow the Equipment to come into contact with, be exposed to, or be contaminated by Hazardous Materials. Lessee is solely responsible for preventing spills, releases, discharges, or environmental damage during the Rental Period.
11.5 Spill Responsibility.
Lessee is solely responsible for:
• Any fuel, oil, hydraulic fluid, or chemical spills occurring during the Rental Period;
• All containment, cleanup, remediation, reporting, and disposal costs;
• All fines, penalties, or agency actions resulting from such spills.
11.6 Decontamination Costs.
If the Equipment is exposed to or contaminated by Hazardous Materials, Lessee shall be responsible for all costs associated with:
• Testing and environmental assessment;
• Decontamination and cleaning;
• Replacement of contaminated parts;
• Downtime and loss-of-use charges;
• Disposal if deemed non-repairable.
If Equipment cannot be safely decontaminated, Lessee shall pay full replacement cost.
11.7 Refusal of Contaminated Equipment.
Lessor reserves the right to refuse acceptance of Equipment returned in a contaminated condition. Rental charges shall continue to accrue until Equipment is restored to acceptable condition.
11.8 Environmental Certification Requirement.
Upon request, Lessee shall provide written certification that Equipment was not exposed to Hazardous Materials and shall indemnify Lessor for any false certification. Lessor may require third-party environmental testing at Lessee’s expense if contamination is suspected.
11.9 Indemnification for Environmental Claims.
To the fullest extent permitted by law, Lessee shall defend, indemnify, and hold harmless Lessor from and against any and all claims, liabilities, cleanup costs, remediation expenses, natural resource damages, governmental enforcement actions, third-party claims, attorney’s fees, and environmental response costs arising out of or related to:
• Lessee’s use or possession of the Equipment;
• Any spill, release, discharge, or contamination during the Rental Period;
• Transportation of Equipment to or from contaminated sites;
• Failure to comply with Environmental Laws.
This obligation applies regardless of whether the contamination affects the Equipment, jobsite, adjacent property, soil, groundwater, or third parties.
11.10 No Duty to Inspect Site.
Lessor has no duty to inspect the jobsite for environmental conditions and makes no representations regarding soil stability, contamination, or regulatory compliance.
11.11 Survival.
The provisions of this Section survive termination of the Rental Period and return of the Equipment.
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12. UTILITY LOCATING; 811 NOTICE; PERMITS; QUALIFIED OPERATORS
12.1 Mandatory 811 Notification.
Prior to any excavation, trenching, drilling, boring, grading, or ground disturbance (collectively “Excavation Work”), Lessee shall contact the applicable state “Call Before You Dig” notification system (commonly known as “811”) within the legally required timeframe and obtain a valid locate ticket number covering the specific jobsite.
Lessee shall not begin Excavation Work until all utilities have been properly marked and the statutory waiting period has expired.
12.2 Compliance With Utility Protection Laws.
Lessee shall comply with all applicable federal, state, and local underground utility protection laws, damage prevention statutes, and regulations governing excavation near:
• Natural gas pipelines
• Electric power lines (primary and secondary)
• Water lines and mains
• Sewer and storm drain lines
• Fiber optic and cable lines
• Telecommunications infrastructure
• Private utility systems
12.3 Permits and Authorizations.
Lessee is solely responsible for obtaining all required permits, licenses, right-of-way approvals, municipal authorizations, traffic control approvals, and utility company clearances prior to beginning Excavation Work.
Lessor has no obligation to verify permit status.
12.4 Qualified and Competent Operators.
Lessee represents and warrants that all persons operating the Equipment:
• Are properly trained and experienced in excavation work;
• Are qualified under applicable OSHA standards;
• Understand utility marking color codes;
• Are capable of recognizing subsurface hazard indicators;
• Will employ hand-digging, vacuum excavation, or other safe exposure methods where required.
12.5 Private Utilities and Unmarked Lines.
Lessee acknowledges that 811 services typically mark only public utilities and may not mark private lines. Lessee is solely responsible for locating private utilities, service laterals, irrigation systems, septic systems, and other unregistered underground facilities.
12.6 Minimum Clearance and Safe Practices.
Lessee shall maintain all required clearance distances from marked utilities and shall comply with safe excavation practices, including potholing or soft-dig methods within tolerance zones as required by law.
12.7 Stop Work Obligation.
Lessee shall immediately cease excavation and notify the appropriate utility owner and authorities if:
• A utility line is damaged or exposed;
• An unmarked line is encountered;
• Gas odor or electrical hazard is detected.
12.8 Full Responsibility for Utility Damage.
Lessee assumes full responsibility for any damage to underground or overhead utilities occurring during the Rental Period, including but not limited to:
• Repair and replacement costs;
• Emergency response charges;
• Service interruption claims;
• Third-party property damage;
• Bodily injury or death;
• Regulatory fines and penalties;
• Consequential and economic damages.
12.9 Indemnification.
To the fullest extent permitted by law, Lessee shall defend, indemnify, and hold harmless Lessor from and against any and all claims, losses, damages, liabilities, costs, fines, penalties, attorney’s fees, and expenses arising out of or related to Excavation Work or utility damage during the Rental Period.
12.10 No Duty to Inspect or Advise.
Lessor has no duty to:
• Verify that utilities have been located;
• Confirm permit compliance;
• Inspect the jobsite;
• Provide excavation guidance.
Lessee acknowledges that Lessor is not responsible for jobsite safety or underground conditions.
12.11 Certification Requirement.
Upon request, Lessee shall provide a valid 811 ticket number and written certification of compliance with underground utility protection laws prior to Equipment delivery. Failure to provide such certification may result in refusal of delivery without liability to Lessor.
12.12 Material Breach.
Failure to comply with this Section constitutes a material breach of this Agreement and may result in immediate termination and repossession of Equipment.
12.13 Survival.
This Section survives termination of the Rental Agreement.
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13. TRANSPORTATION RESPONSIBILITY
If Lessee transports Equipment (including trailers):
• Lessee assumes full responsibility for safe loading, securing, transport, and unloading.
• Lessee must use properly rated vehicles, hitches, receivers, balls, mounts, trailers, chains, binders, and straps
• Lessee must comply with DOT regulations including ensuring vehicle operator has a valid driver’s license, or commercial driver’s license (if applicable) and vehicle/trailer are properly registered, inspected, and insured per state law.
• Lessee shall stop and re-check load securement within the first ¼ mile.
• Lessee is liable for all transportation-related damages.
• Damaged trailer tires/wheels for rented trailers belonging to Lessor: minimum $300 per tire or wheel, or actual cost incurred for replacement, whichever is greater.
If delivery/pick-up is not indicated on the invoice, Lessee has declined Lessor’s offer of delivery/pick-up, which transfers full transport responsibility to Lessee.
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14. RENTAL PERIOD; HOURS; RETURN; LATE FEES
Equipment is limited to:
• 10 machine hours per day (8am – 6pm EST)
• 50 machine hours per week (8am EST on the date out through 6pm on the 7th day due in)
• 250 machine hours per 28-day period (8am EST on the date out through 6pm on the 28th day due in)
Excess usage: $100 per machine hour (rounded up).
Equipment must be returned by the “Due In” time (“End Date”). Late returns incur:
• Additional per diem rental charges at a rate of 150% of the daily rental rate, even if returned on the ‘due in’ date, but past the time due
• 10% monthly late charge ($35 minimum)
• Collection and attorney fees if necessary
If held two (2) days beyond due date, Lessor may report Equipment stolen.
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15. NO WARRANTIES; LIMITATION OF LIABILITY; EXCLUSIVE REMEDY
Equipment is provided “AS IS.” Lessor makes no express or implied warranties, including merchantability or fitness for a particular purpose. Lessee is solely responsible for selecting Equipment suitable for Lessee’s intended use. Lessor makes no representation or warranty that the Equipment is appropriate for any specific task. No refunds, credits, or exchanges shall be issued based on alleged unsuitability or “wrong tool for the job.”
Failure of Equipment to perform a task due to misuse, overloading, improper application, or use contrary to manufacturer recommendations shall not constitute equipment failure and shall not relieve Lessee of any payment or liability obligations.
Lessor shall not be liable for any loss, delay, damage, or expense of any kind arising from defects, inefficiency, malfunction, breakdown, or accidental damage to the Equipment.
If Equipment becomes inoperable due solely to mechanical failure not caused by Lessee, Lessee’s sole and exclusive remedy shall be, at Lessor’s sole discretion: (a) repair, (b) replacement, (c) extension of rental time, or (d) refund or credit of pro-rated rental charges actually paid for the period of inoperability.
Under no circumstances shall Lessor be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of use, lost profits, lost business opportunity, business interruption, loss of wages, project delays, labor costs, material costs, penalties, or third-party claims, even if advised of the possibility of such damages. Lessor’s total liability, if any, shall not exceed the amount of rental charges actually paid by Lessee for the Equipment at issue.
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16. PAYMENT TERMS; DEPOSITS; NO REFUNDS
Payment is due at signing to confirm reservation. No reservation is confirmed until paid in full.
No refunds, exchanges, or credits once payment is made (except refundable security deposit).
Accepted payments:
• Cash (appointment only)
• Credit card (2.9% + $0.30 fee);
• Debit card
• ACH ($12 fee)
• $40 NSF fee
A refundable $265 security deposit is required. Lessor may apply deposit toward damages, cleaning, fuel, late fees, or other charges. Lessee authorizes charges to card on file.
Lessee understands Lessor’s payment system does not distinguish between credit and debit/prepaid cards at checkout. If Lessee uses a debit/prepaid card and a fee is charged, it shall be Lessee’s responsibility to notify Lessor and Lessor shall promptly refund any processing fees.
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17. DAMAGE; LOSS; RISK OF LOSS
Lessee assumes full responsibility for loss, theft, fire, vandalism, collision, weather damage, misuse, negligence, liability, damage to other property, and all other causes of loss while Equipment is in Lessee’s possession.
Lessee shall pay:
• Full replacement cost if Equipment is lost, stolen, or destroyed
• Repair costs
• Loss of rental income during repair/replacement
• Collection and legal costs
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18. DAMAGE WAIVER (NOT INSURANCE)
Lessee assumes full responsibility and risk of loss for the rented property, including but not limited to liability, damage, destruction, fire, theft, vandalism, collision, environmental hazards, and any other cause of loss during the rental period. Lessee will also be responsible for Lessor’s lost rental income due to loss to Lessor’s equipment.
Lessee is strongly encouraged to obtain independent insurance coverage to cover damage or loss to the specific rented equipment with Lessor as an additional insured. If Lessee does not have sufficient and satisfactory replacement cost insurance, as determined by Lessor, or lessee’s insurance policy fails to cover damage or loss of the specific rented equipment, Lessee shall be required to purchase the damage waiver, subject to a Damage Waiver Charge “DWC” equal to 18% of the total rental fee for all rented equipment.
The Damage Waiver, if purchased, is a contractual agreement by Lessor to waive certain damage costs beyond the deductible, subject strictly to the terms below. Damage Waiver is NOT insurance. If the Damage Waiver does not apply, Lessee remains fully liable for all loss or damage, and a judgment may be entered against Lessee for such amounts.
If purchased:
• $250 deductible per occurrence
• Maximum waiver up to $5,000 per occurrence
Excludes:
• Theft
• Fire
• Vandalism
• Collision
• Damage from animals
• Weather (wind, hail, storm, lightning, thunder)
• Flood/Water Damage
• Falling debris
• Personal or bodily injury or death
• Damage to other property
• Liability
• Regulatory fines or penalties
• Glass damage
• Environmental contamination
• Spills, stains, rips, or tears
• Overspray or splashing from paint, stain, concrete, asphalt, or any other material/medium
• Attachments or auxiliary items (buckets, thumbs, forks, hoses, tool steel, glass, cords, cables, blades, tanks, tracks, wheels, tires, tubes, etc.)
• Misuse, abuse, overloading, negligence
• Use with safety devices removed, modified, disabled, or circumvented
• Failure to inspect or maintain
• Unauthorized operators
• Breach of Agreement
• Failure to maintain
Lessee remains fully liable for excluded losses.
Damage Waiver does NOT cover bodily injury, death, or third-party property damage.
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19. RELEASE; WAIVER; INDEMNIFICATION
To the fullest extent permitted by law:
Lessee releases, waives, and discharges all claims against Lessor for injury, death, property damage, loss of business, delay, or incidental damages arising from rental or use of Equipment.
Lessee agrees to defend, indemnify, and hold harmless Lessor, its owners, officers, employees, representatives, agents, contractors, suppliers, insurers, successors, and assigns from all claims, demands, causes of action, liabilities, damages, fines, penalties, losses, expenses, attorney fees, and court costs arising from:
• Use, misuse, possession, transportation, or operation of the equipment.
• OSHA or regulatory violations or citations
• Injury or death of any person
• Property damage
• Environmental contamination
• Improper, negligent, or unauthorized operation;
• Failure to ensure proper operator training or supervision;
This includes claims alleging negligence.
Lessee acknowledges this waiver includes claims brought by:
• Lessee individually
• Lessee’s employees
• Family members
• Volunteers
• Contractors
• Subcontractors
• Invitees
• Third parties
This provision survives termination.
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20. INSURANCE
Lessee shall maintain:
• $1,000,000 Commercial General Liability coverage
• Workers’ Compensation (if applicable)
• Required auto coverage (if transporting)
• Any legally required coverage
Coverage must be primary and name Lessor as additional insured upon request.
Homeowners or individuals without commercial coverage accept full personal liability.
Lessee acknowledges that Lessor does not provide medical, accident, liability, or workers’ compensation insurance coverage for Lessee or any operator.
Lessee affirms that he/she/it has adequate insurance coverage or sufficient financial resources to cover injuries, losses, or damages arising from equipment use.
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21. DEFAULT; REPOSSESSION; REMEDIES
Upon breach:
• Lessor may terminate rental immediately without refund.
• Lessor may enter jobsite (without breach of peace) to reclaim Equipment.
• Lessee shall assist in recovery.
• All collection, litigation, attorney, and expert fees are recoverable.
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22. LIQUIDATED DAMAGES; LOSS OF USE; ADMINISTRATIVE COSTS
22.1 Acknowledgment of Difficulty of Calculating Damages.
The Parties acknowledge that certain breaches of this Agreement would cause Lessor damages that are difficult or impossible to accurately calculate at the time of contracting, including but not limited to:
• Loss of rental income;
• Equipment downtime;
• Administrative and recovery costs;
• Scheduling disruption;
• Lost business opportunities;
• Reputational harm;
• Depreciation and diminished resale value.
Accordingly, the Parties agree to the following liquidated damages as a reasonable estimate of anticipated losses and not as a penalty.
Additionally, Lessee agrees that all Charges described in this Agreement constitute agreed compensation and not penalties, and Lessee waives any defense that such Charges are excessive, punitive, unconscionable, or constitute an unenforceable penalty, to the fullest extent permitted by law.
22.2 Failure to Timely Return Equipment
If Lessee fails to return the Equipment at the end of the Rental Period without written extension:
• Rental shall continue at 150% of the applicable daily rental rate until returned; and
The Parties agree this amount reasonably estimates loss of availability and business interruption.
22.3 Tampering with GPS or Safety Devices
If Lessee removes, disables, damages, shields, or interferes with GPS tracking, telematics systems, hour meters, or safety devices:
• Lessee shall pay liquidated damages of $500 per occurrence;
• Plus actual repair or replacement costs;
• Plus any downtime charges.
The Parties agree such damages are difficult to calculate due to theft risk and enforcement costs.
22.4 Unauthorized Relocation
If Equipment is moved outside the approved jobsite or geographic area without written consent:
• A $1,000 fee;
• Plus transportation and recovery costs;
• Plus any lost rental income.
22.5 Use in Prohibited or Contaminated Conditions
If Equipment is used in prohibited hazardous, demolition, landfill, or contaminated environments without written approval:
• Lessee shall pay liquidated damages of $1,000;
• Plus all testing, decontamination, and downtime costs.
22.6 Failure to Provide Required 811 Notice Prior to Excavation
If Lessee performs excavation without obtaining required utility locates:
• Lessee shall pay liquidated damages of $500 per occurrence;
• Plus full indemnification for all resulting damage claims.
22.7 Theft or Failure to Report Theft
If Equipment is stolen while under Lessee’s control and Lessee fails to:
• Secure the Equipment with reasonable anti-theft measures;
• Report theft to law enforcement within 1 hour;
• Notify Lessor immediately;
Lessee shall pay liquidated damages of $1,000 in addition to replacement cost if applicable.
22.8 Not a Penalty
Lessee acknowledges that:
• The amounts stated are a reasonable pre-estimate of anticipated damages;
• Actual damages would be uncertain and difficult to quantify;
• The amounts are not intended as a penalty.
22.9 Cumulative Remedies
Liquidated damages are in addition to, and not in lieu of:
• Rental charges;
• Repair costs;
• Replacement costs;
• Attorney’s fees;
• Indemnification obligations;
• Any other remedies available under this Agreement or law.
22.10 Survival
This Section survives termination of the Rental Agreement.
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23. BINDING ARBITRATION; CLASS ACTION WAIVER; WAIVER OF JURY TRIAL
23.1 Agreement to Arbitrate.
To the fullest extent permitted by law, any and all disputes, claims, demands, or controversies arising out of or relating to this Agreement, the rental of Equipment, the condition or use of the Equipment, billing, damage, loss, personal injury, property damage, enforcement, or interpretation of this Agreement (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration.
This agreement to arbitrate includes claims based in contract, tort, statute, fraud, misrepresentation, negligence, strict liability, and any other legal theory.
23.2 Governing Arbitration Law.
This Arbitration Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable federal law. Judgment upon the arbitration award may be entered in any court of competent jurisdiction.
23.3 Arbitration Administrator and Rules.
Unless otherwise agreed in writing, arbitration shall be administered by:
• The American Arbitration Association (AAA), or
• Another mutually agreed arbitration service,
and conducted pursuant to its Commercial Arbitration Rules (or applicable business rules).
23.4 Venue of Arbitration.
The arbitration shall take place in Armstrong County, Pennsylvania, unless the Parties mutually agree otherwise.
23.5 Single Arbitrator.
The arbitration shall be conducted before a single neutral arbitrator experienced in commercial or construction disputes.
23.6 Costs and Fees.
Each Party shall initially bear its own attorney’s fees and costs. The arbitrator may award reasonable attorney’s fees and costs to the prevailing Party to the extent permitted by law or this Agreement.
23.7 Class Action Waiver.
Lessee and Lessor agree that all Disputes shall be brought solely in an individual capacity. Neither Party shall have the right to participate in or bring claims as a plaintiff or class member in any purported class action, collective action, mass action, or representative proceeding.
23.8 Waiver of Jury Trial.
BY ENTERING INTO THIS AGREEMENT, BOTH PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING RELATING TO ANY DISPUTE.
23.9 Injunctive Relief and Self-Help.
Notwithstanding the foregoing, Lessor may seek:
• Temporary restraining orders;
• Injunctive relief;
• Repossession of Equipment;
• Claims for unpaid rental charges;
• Enforcement of security interests;
in a court of competent jurisdiction without waiving the right to compel arbitration of any remaining claims.
23.10 Expedited Proceedings for Nonpayment.
Claims solely for unpaid rental charges, damage, or breach of payment obligations may be resolved through expedited arbitration procedures or collection action at Lessor’s election.
23.11 Survival.
This Arbitration Agreement survives termination of the Rental Period and return of the Equipment.
23.12 Severability.
If any portion of this Arbitration Clause is found unenforceable, the remainder shall remain in full force and effect, except that if the Class Action Waiver is found unenforceable, the entire Arbitration Clause shall be null and void.
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24. ACCIDENT REPORTING
Lessee shall provide written notice of any accident/incident involving Equipment no later than the rental termination date.
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25. UPSET, ROLLOVER, OR INCIDENT PROCEDURE
In the event the Equipment is overturned, rolled, tipped, submerged, stuck, immobilized, involved in a collision, or otherwise subjected to abnormal operating conditions (an “Incident”), Lessee shall:
1. Immediately shut down the Equipment;
2. Cease all operation; and
3. Provide prompt notice to Lessor.
Lessee shall not restart, move, tow, recover, upright, or attempt to operate the Equipment following an Incident without Lessor’s prior written authorization.
Any damage resulting from continued operation, attempted restart, or unauthorized recovery following an Incident shall be deemed misuse and negligence by Lessee, and Lessee shall be fully liable for all resulting damage, including engine, hydraulic, structural, and latent damage, together with loss of use and associated costs.
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26. NON-MAINTENANCE SERVICE CALLS; RECOVERY; FIELD REPAIRS
Any service call, field visit, recovery, uprighting, extraction, repair, or assistance required due to:
• Lessee negligence or misuse;
• Operator error;
• Equipment being stuck, immobilized, submerged, overturned, or improperly transported;
• Improper fueling;
• Failure to perform required maintenance; or
• Any cause other than Lessor’s sole responsibility for routine maintenance,
shall be billed to Lessee at a minimum rate of $250 per hour, with a one-hour minimum, calculated from the time Lessor departs its location until return.
Lessee shall also be responsible for:
• Travel time (both directions);
• Loading and preparation time;
• On-site labor time;
• Recovery and extraction time;
• Equipment transport time;
• All replacement parts;
• Fluids and consumables;
• Specialized equipment required for recovery;
• Third-party towing or crane services;
• Environmental cleanup costs;
• Administrative costs; and
• Loss of rental income during downtime.
These charges are in addition to any repair costs, damage charges, or other amounts due under this Agreement.
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27. PERSONAL GUARANTY
If Lessee is an entity, the signing individual personally, unconditionally, and irrevocably guarantees all obligations, including rental charges, damage, loss, deductibles, liability, indemnity, and attorney fees and costs. This is a continuing guaranty of payment and performance. Lessor is not required to pursue Lessee before enforcing this guaranty. Liability is joint and several.
If Lessee is an individual, the signing individual personally, unconditionally, and irrevocably guarantees all obligations, including rental charges, damage, loss, deductibles, liability, indemnity, and attorney fees and costs. This is a continuing guaranty of payment and performance. Lessor is not required to pursue Lessee before enforcing this guaranty.
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28. CROSS-COLLATERALIZATION; CROSS-DEFAULT; SECURITY INTEREST
28.1 Cross-Collateralization.
Lessee agrees that all Equipment rented under this Agreement, and under any prior or future rental agreement, rental ticket, invoice, credit agreement, or other contract with Lessor (collectively, “Rental Documents”), shall serve as collateral securing:
• All rental charges;
• All damage, loss, and repair costs;
• All unpaid invoices;
• All fees, interest, and penalties;
• All attorney’s fees and collection costs;
• Any other amounts owed by Lessee to Lessor, whether now existing or hereafter arising.
All obligations of Lessee to Lessor are cross-collateralized and secured by all Equipment in Lessee’s possession or control.
28.2 Cross-Default.
A default under any Rental Document between Lessor and Lessee shall constitute a default under all Rental Documents. Upon default, Lessor may exercise its remedies with respect to any or all Equipment rented to Lessee, regardless of which specific rental gave rise to the default.
28.3 Continuing Security Interest.
To secure payment and performance of all obligations owed to Lessor, Lessee grants Lessor a continuing security interest in:
• All Equipment rented from Lessor;
• All proceeds derived from use of such Equipment;
• All insurance proceeds related to the Equipment;
• Any deposits or credits held by Lessor.
28.4 Application of Payments.
Lessor may apply any payments received from Lessee to any outstanding obligation in any order determined solely by Lessor, regardless of any notation or designation by Lessee.
28.5 Right of Setoff.
Lessor may set off any amounts owed by Lessee against deposits, credits, refunds, or other sums held by Lessor.
28.6 UCC Filings.
Lessee authorizes Lessor to file UCC-1 financing statements or other instruments necessary to perfect or protect Lessor’s security interest without further notice.
28.7 Future Advances Clause.
The security interest granted herein secures not only current obligations but also any future advances, extensions of credit, or additional rentals provided by Lessor to Lessee.
28.8 Cumulative Remedies.
All remedies provided in this Agreement are cumulative and may be exercised simultaneously or separately.
28.9 Survival.
This Section survives termination of the Rental Period and return of the Equipment until all obligations are paid in full.
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29. RIGHT TO REFUSE SERVICE
Lessor reserves the unrestricted right, in its sole and absolute discretion, to refuse service, decline to rent, cancel a reservation, or terminate any rental transaction at any time, with or without cause, and without liability, except for the return of any refundable security deposit as required by this Agreement.
Nothing herein shall obligate Lessor to enter into or continue any rental transaction with any person or entity.
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30. GOVERNING LAW; SEVERABILITY
This Agreement is governed by the laws of the Commonwealth of Pennsylvania.
If any provision is unenforceable, the remainder remains in effect.
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31. BREACH AND REMEDIES
Violation of operator qualification requirements, safety obligations, insurance requirements, or any material provision of this Agreement constitutes a material breach. Bankruptcy by Lessee and/or personal guarantor constitutes a material breach.
Upon breach, Lessor may immediately terminate the rental without refund and pursue all remedies available at law or in equity.
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32. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. No oral representations modify its terms.
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LESSEE ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTANDS THIS AGREEMENT AND ACCEPTS ALL TERMS BY SIGNING.