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 Agreement (“Agreement”) is entered into between KB Equipment Rental, LLC™, d/b/a KB Equipment Rental™ & KB Equipment™ (“Lessor”) & the undersigned customer (“Lessee”). By signing, Lessee agrees to all terms.
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1. ACCEPTANCE
Lessee confirms receipt, inspection, and acceptance of equipment, trailers, attachments, and related property (“Equipment”) in good condition unless noted in writing. Manuals and safety labels provided; proper operation understood. Lessee assumes responsibility for use, insurance, and damages.
Title remains with Lessor. Lessee grants Lessor a security interest and authorizes UCC filings. Lessee must notify Lessor of any liens/seizures and indemnify Lessor from related claims.
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2. PERSONAL ID & VERIFICATION
Valid government ID required. Lessor may collect/store copies for verification, fraud prevention, enforcement, collections, insurance, and legal purposes. Lessee warrants all info is accurate. False info constitutes a material breach. Lessor may require ID from signers, guarantors, operators, or persons taking possession. Refusal to provide ID will result in a denial/cancellation of rental. Info may be shared with insurers, attorneys, law enforcement, courts, or financial institutions as needed. Lessor may retain records and conduct verification checks. Lessee consents to photo ID capture at pickup.
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3. PHOTO & VIDEO DOCUMENTATION
Lessor may document Equipment condition before, during, and after rental. Such records are prima facie evidence for billing, disputes, and legal proceedings. Failure to report damage within 1 hour before use equals acceptance. Damage at return presumed during rental unless proven otherwise. No expectation of privacy.
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4. ASSUMPTION OF RISK
Lessee understands that the possession, transportation, loading, unloading, setup, & operation of Equipment is inherently dangerous & 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 & concerns, equipment malfunction, property damage, serious bodily injury, or death.
Lessee knowingly & 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
Lessee agrees:
• Equipment shall be operated only by properly trained, qualified, evaluated, & authorized individuals.
• Operators must comply with all applicable federal, state, & local laws & 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, & 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 & operation manuals & has been advised by Lessor to read such prior to transport or operation
Lessee has exclusive custody, control, possession, & 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 & 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, & aerial lifts.
Lessee understands & agrees that operation of a MEWP is an inherently dangerous activity involving add’l risk of:
• Falls from height
• Tip-over
• Electrocution
• Crushing injuries
• Mechanical failure
• Property damage
• Serious bodily injury or death
Lessee acknowledges receipt of all applicable operation & safety manuals & bulletins for the MEWP. Lessee knowingly & voluntarily assumes all risks, known or unknown, inherent or latent, arising from possession, delivery, transportation, setup, inspection, maintenance, use, misuse, loading, unloading, & operation of the equipment.
Lessee represents, warrants, & agrees:
• The MEWP shall be operated only by individuals who are properly trained, qualified, certified for MEWP operation
• Each operator shall meet all applicable OSHA & regulatory requirements governing MEWP operation.
• Each operator shall have completed formal instruction, practical training, & evaluation of competence.
• Each operator has the physical & mental capacity to operate the MEWP safely.
• Each operator &/or occupant complies with ANSI A92.22 (Safe Use) & A92.24 (Training Requirement for the Use, Operation, Inspection, Testing, & Maintenance of MEWPs).
• Each operator is trained, familiarized, & authorized to operate the specific make & model rented.
• Each supervisor meets ANSI standards & has completed required supervisor training & are knowledgeable enough to instruct operators to work safely & avoid hazard while operating the MEWP.
• Lessee shall maintain documentation of training & 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 & ANSI compliance, including fall protection, hazard assessment, work zone protection, inspections, & PPE. Lessor not responsible for supplying PPE.
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7. INSPECTION; MAINTENANCE; & CARE OF EQUIPMENT
Lessee shall exercise reasonable care in the inspection, operation, & maintenance of the Equipment always during the rental period & shall comply with all manufacturer instructions & applicable safety regulations.
a. Inspection & Operation
Lessee shall inspect the Equipment prior to each use & confirm that it is in safe operating condition. Lessee shall immediately discontinue use & notify Lessor if the Equipment becomes unsafe, damaged, or requires repair.
Lessee agrees that the Equipment shall not be operated under any of the following conditions:
• If any safety device, guard, warning system, or protective feature is missing, disabled, damaged, or inoperative
• In excess of rated load limits, operational limits, or manufacturer-specified capacities
• In hazardous or unsafe environments, including unstable ground, unsafe terrain, hazardous jobsite conditions, or dangerous weather conditions
• In any manner inconsistent with manufacturer instructions, operating manuals, safety guidelines, OSHA standards, or applicable laws or regulations
Lessee shall not modify, alter, disable, bypass, tamper with, or remove any Equipment component or safety device.
b. Prohibited Uses
The Equipment shall not be used for demolition activities or the removal, destruction, or dismantling of buildings, structures, foundations, or structural materials, unless expressly authorized in writing by Lessor prior to the rental.
Use of the Equipment for demolition or other prohibited purposes shall constitute misuse of the Equipment, & Lessee shall be fully responsible for all resulting damage, repair costs, & associated losses.
c. Routine Maintenance
In the event of a mechanical failure or breakdown not caused by damage, misuse, or prohibited operation, the Lessor shall be responsible for the cost of repairs. The Lessor will either extend the rental period or refund the Lessee for the number of rental days lost due to such repairs.
The Lessor shall not be liable for any consequential, punitive, or third-party damages, including but not limited to delays or loss of business resulting from equipment downtime.
While the Lessor is responsible for mechanical failures not caused by damage or misuse, the Lessee remains responsible for routine operator-level maintenance during the rental period. The Lessee shall perform all routine maintenance recommended by the manufacturer.
For rental periods exceeding 7 days, Lessee shall grease all applicable grease points at least twice weekly using EP2-rated grease, at Lessee’s expense.
For rental periods exceeding 28 days, Lessee shall:
• Grease all grease points at least twice weekly using EP2-rated grease
• Perform manufacturer-recommended routine maintenance, including fluids, filters, & similar service items every 250 hours
• Perform such maintenance using manufacturer specifications or certified OEM service providers
• Provide documentation or proof of such maintenance to Lessor upon request
All maintenance required under this section shall be performed at Lessee’s sole expense.
d. Forestry Mulching Attachments Requirements.
If any forestry mulching attachment, implement, or device is included with the Equipment, Lessee shall comply with the following add’l operating & safety requirements:
• Grease the attachment prior to each use using EP2-rated grease
• Inspect the attachment & hydraulic hoses prior to operation & at least every two (2) hours during operation, ensuring hoses are properly secured & clear of moving parts & verifying that no fluid leaks are present
• Remove, clear, & blow out accumulated debris from the attachment & surrounding machine components at least three (3) hours during operation to prevent overheating, mechanical damage, or fire hazards
• Operate the attachment only within the mulching capabilities specified by the manufacturer & equipment description
• Not attempt to mulch materials that may damage the drum, teeth, bearings, or mechanical components, including but not limited to rocks, metal, concrete, or trees exceeding rated capacity
• Maintain appropriate fire safety measures on-site, including immediate access to water & at least one functioning fire extinguisher due to the elevated fire risk associated with mulching operations
• Maintain a minimum safety perimeter of three hundred (300) feet around the operating equipment & ensure all persons remain outside this perimeter
• Operate the Equipment only with the machine cab fully enclosed & in compliance with manufacturer instructions, OSHA standards, & all applicable safety regulations
Failure to comply with these requirements shall constitute misuse of the Equipment under this Agreement.
e. Return Condition
Equipment shall be returned to Lessor clean & in the same condition as received, ordinary wear & tear excepted. Scratches or blemishes to the body/paint shall not be considered ordinary wear & tear. Cuts, gashes, openings, tears, or other similar damage to tracks shall not be considered ordinary wear & tear.
Lessee agrees to the following minimum charges if the Equipment is not returned in acceptable condition:
• Equipment must be returned clean, or a minimum cleaning fee of $250 will apply
• Equipment must be returned fully refueled, or fuel will be charged at $10.00 per gallon
• Smoking inside any Equipment is strictly prohibited & will result in a minimum $500 cleaning & deodorization fee
f. Replacement Charges
Lessee is responsible for damage to or loss of wear components & attachments during the rental period, including but not limited to:
• Skid steer or mini-excavator bucket teeth: $50 per tooth
• Pins for mini excavator buckets: $120 per pin
• Teeth on attachments such as stump grinders, trenchers, Harley rakes, or forestry mulchers: $100 per tooth
• Replacement tooth bar for rock hound attachments $500 per bar
• Blades or cutters on attachments: $150 per blade
• Hydraulic hoses on attachments or machines: $200 per hose
These amounts represent minimum replacement charges & do not limit Lessee’s responsibility for add’l repair or replacement costs where applicable should Lessee’s actual costs exceed these amounts.
g. Improper Fuel
Lessee shall use only the fuel type specified for the Equipment. Lessee shall be fully responsible for all damages, service costs, & repairs resulting from the use of improper or contaminated fuel.
h. Failure to Maintain Equipment.
Failure to comply with the inspection, maintenance, or care requirements in this section may result in minimum charges of $500.00 in addition to any repair, cleaning, downtime, or replacement costs incurred by Lessor.
i. Pre-Operation Inspection & Acceptance
Lessee acknowledges that the Equipment has been made available for inspection prior to use. By taking possession of or operating the Equipment, Lessee confirms that the Equipment has been inspected & is accepted as being in good working condition & suitable for its intended use, except for any conditions specifically documented in writing & acknowledged by Lessor prior to operation.
Lessee agrees that any damage, malfunction, or unsafe condition that would reasonably have been discovered through a pre-operation inspection shall be deemed to have occurred during the rental period unless reported to Lessor before the Equipment is placed into service.
Failure to perform a reasonable pre-operation inspection or failure to promptly report any defect, damage, or unsafe condition before operating the Equipment shall constitute acceptance of the Equipment in good condition & may constitute misuse under this Agreement.
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8. START-UP PROCEDURES
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 15 minutes prior to operation to permit proper circulation & warming of engine oil, hydraulic fluid, & other system components.
Failure to follow these start-up & warm-up procedures shall constitute improper operation & 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 & loss of rental income.
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9. TRACKING & TELEMATICS
9.1 Tracking Devices Installed
Lessee acknowledges & agrees that the Equipment may be equipped with Global Positioning System (GPS) tracking devices, telematics systems, engine control modules, remote disablement systems, hour meters, &/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, & store data relating to the Equipment, including but not limited to:
• Real-time & historical geographic location
• Usage hours & operating patterns
• Speed, movement, & geofencing data
• Diagnostic & fault code data
• Maintenance & service alerts
• Engine performance metrics
• Impact detection & 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 & recovery
• Protection of Lessor’s property
• Verification of return location
• Enforcement of rental terms
• Billing verification (hour usage)
• Maintenance scheduling
• Risk management & safety compliance
• Locating Equipment in the event of default
9.4 No Expectation of Privacy
Lessee acknowledges & agrees that it has no expectation of privacy in the location, operation, or use of the Equipment. Monitoring is limited to the Equipment & 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 & 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 & shall remain the exclusive property of Lessor. Lessor may use such data for internal business purposes & 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 & 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 & 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 for demolition &/or removal of structures
• 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 & lost rental income.
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11. ENVIRONMENTAL COMPLIANCE
11.1 Environmental Laws.
Lessee shall comply with all applicable federal, state, & local environmental laws, regulations, & ordinances, including but not limited to laws governing hazardous substances, petroleum products, contaminated soils, wetlands, stormwater runoff, & waste disposal (“Environmental Laws”).
11.2 Hazardous Materials
For purposes of this Agreement, “Hazardous Materials” includes, without limitation:
• Petroleum, fuel, oil, lubricants, & 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; &
(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/Contamination
Lessee shall not allow the Equipment to meet, 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, & 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 & environmental assessment;
• Decontamination & cleaning;
• Replacement of contaminated parts;
• Downtime & 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 & 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
To the fullest extent permitted by law, Lessee shall defend, indemnify, & hold harmless Lessor from & against any & all claims, liabilities, cleanup costs, remediation expenses, natural resource damages, governmental enforcement actions, third-party claims, attorney’s fees, & 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 & makes no representations regarding soil stability, contamination, or regulatory compliance.
11.11 Survival
The provisions of this Section survive termination of the Rental Period & return of the Equipment.
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12. UTILITY LOCATING & OPERATOR QUALIFICATIONS
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 & obtain a valid locate ticket number covering the specific jobsite.
Lessee shall not begin Excavation Work until all utilities have been properly marked & the statutory waiting period has expired.
12.2 Compliance With Utility Protection Laws
Lessee shall comply with all applicable federal, state, & local underground utility protection laws, damage prevention statutes, & regulations governing excavation near:
• Natural gas pipelines
• Electric power lines (primary & secondary)
• Water lines & mains
• Sewer & storm drain lines
• Fiber optic & cable lines
• Telecommunications infrastructure
• Private utility systems
12.3 Permits & Authorizations
Lessee is solely responsible for obtaining all required permits, licenses, right-of-way approvals, municipal authorizations, traffic control approvals, & utility company clearances prior to beginning Excavation Work.
Lessor has no obligation to verify permit status.
12.4 Qualified & Competent Operators.
Lessee represents & warrants that all persons operating the Equipment:
• Are properly trained & experienced in excavation work;
• Are qualified under applicable OSHA standards;
• Understand utility marking color codes;
• Are capable of recognizing subsurface hazard indicators;
• Will employ h&-digging, vacuum excavation, or other safe exposure methods where required.
12.5 Private Utilities & Unmarked Lines
Lessee acknowledges that 811 services typically mark only public utilities & may not mark private lines. Lessee is solely responsible for locating private utilities, service laterals, irrigation systems, septic systems, & other unregistered underground facilities.
12.6 Minimum Clearance & Safe Practices
Lessee shall maintain all required clearance distances from marked utilities & 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 & notify the appropriate utility owner & 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 & replacement costs;
• Emergency response charges;
• Service interruption claims;
• Third-party property damage;
• Bodily injury or death;
• Regulatory fines & penalties;
• Consequential & economic damages.
12.9 Indemnification
To the fullest extent permitted by law, Lessee shall defend, indemnify, & hold harmless Lessor from & against any & all claims, losses, damages, liabilities, costs, fines, penalties, attorney’s fees, & 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 & 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 & may result in immediate termination & 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, & unloading.
• Lessee must use properly rated vehicles, hitches, receivers, balls, mounts, trailers, chains, binders, & straps
• Lessee must comply with DOT regulations including ensuring vehicle operator has a valid driver’s license, or commercial driver’s license (if applicable) & vehicle/trailer are properly registered, inspected, & insured per state law.
• Lessee shall stop & 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
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:
• Add’l 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 & 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 & 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 & 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; SECURITY DEPOSIT; CARD-ON-FILE AUTHORIZATION; NO REFUNDS
a. Payment Due at Reservation
All rental charges are due in full at the time of signing this Agreement to confirm & secure the reservation of equipment. No reservation shall be considered confirmed or binding until payment has been received & processed by Lessor.
b. Accepted Forms of Payment
Lessor accepts the following forms of payment:
• Cash (by appointment only)
• Credit card (processing fee of 2.9% + $0.30 per transaction)
• Debit card
• ACH / electronic bank transfer (processing fee of $12.00)
Returned payments, failed ACH transfers, or non-sufficient funds transactions shall incur a $40.00 NSF/returned payment fee, in addition to any applicable bank or processing charges.
c. No Refund Policy
Except for the refundable security deposit described below, all payments are final & non-refundable once made. Lessee acknowledges that equipment is reserved & removed from availability upon payment, & therefore no refunds, exchanges, credits, or cancellations shall be granted once payment has been processed.
d. Security Deposit
A refundable security deposit of $265.00 is required for all rentals. If any forestry mulching device, forestry attachment, or related equipment is included in the rental, the required deposit shall be $500.00.
The security deposit is intended to secure Lessee’s full performance of this Agreement. Lessor may apply all or part of the deposit toward any amounts owed by Lessee, including but not limited to:
• Equipment damage or excessive wear
• Cleaning or decontamination fees
• Fuel replacement
• Late return or overtime charges
• Missing parts or accessories
• Administrative fees
• Any other charges owed under this Agreement
If the deposit is insufficient to cover such amounts, Lessee remains fully responsible for the remaining balance.
e. Card-on-File Authorization
By providing a credit card, debit card, prepaid card, or other electronic payment method to Lessor (each a “Card on File”), Lessee expressly authorizes Lessor & Lessor’s payment processors to charge the Card on File for any & all amounts owed under this Agreement. Such charges may include, without limitation:
• Rental charges
• Extensions or add’l rental time
• Fuel replacement
• Cleaning fees
• Recovery or maintenance fees
• Damage, repair, or replacement costs including damage waiver deductibles
• Missing equipment or attachments
• Late fees or overtime charges
• Loss of use (downtime)
• Administrative or processing fees
• NSF or returned payment fees
• Any other charges arising from Lessee’s use, possession, or return of the equipment
Lessee acknowledges & agrees that such charges may be processed during the rental period or at any time up to 365 days after the rental period ends, including after inspection of the equipment, receipt of repair estimates or invoices, or discovery of damage, loss, or unpaid charges.
f. Separate/Subsequent Transactions.
Lessee agrees that Lessor may process multiple, partial, or separate transactions on the Card on File as amounts become known or payable. Such transactions may occur on dates different from the original rental payment & may be processed without add’l notice where permitted by law.
g. Authorization of Charges; Acknowledgment of Liability.
Lessee acknowledges that providing a Card on File constitutes continuing written authorization for the charges described in this section & agrees that transactions made pursuant to this authorization are authorized charges under applicable payment processing rules & laws.
Lessee agrees not to improperly dispute, reverse, or charge back any charge that is consistent with the terms of this Agreement. In the event Lessee initiates a payment dispute or chargeback regarding a charge authorized under this Agreement, Lessee agrees that this Agreement may be presented to the card issuer or financial institution as evidence that the transaction was authorized.
h. Debit/Prepaid Cards.
Lessee understands that Lessor’s payment processing system may not distinguish between credit cards & debit or prepaid cards at the time of checkout. If Lessee elects to use a debit or prepaid card & a credit-card processing fee is charged, Lessee must notify Lessor within a reasonable time & Lessor shall refund any applicable processing fee.
i. Survival
Lessee’s payment obligations under this section shall survive the termination or completion of the rental period until all amounts owed under this Agreement are fully paid.
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17. DAMAGE/LOSS
Lessee assumes full responsibility for loss, theft, fire, vandalism, collision, weather damage, misuse, negligence, liability, damage to other property, & 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 & legal costs
Lessee is fully responsible for any loss of or damage to the Equipment occurring during the rental period, including while the Equipment is in Lessee’s possession, custody, or control, or while being transported, loaded, unloaded, or operated by Lessee or any person authorized or permitted by Lessee.
In the event the Equipment is damaged, malfunctioning due to misuse, excessively worn, or missing parts or accessories upon return, Lessor shall have the right to determine, in its reasonable discretion, the nature & extent of such damage & the necessary repairs or replacement. Lessee agrees that Lessor may obtain repair estimates or invoices from qualified repair facilities, dealers, or manufacturers, & such documentation shall be deemed reasonable evidence of the repair cost.
Lessee shall be responsible for all costs associated with restoring the Equipment to its prior condition, including but not limited to:
• Parts & materials
• Labor & diagnostic charges
• Dealer or manufacturer service charges
• Transportation or hauling costs
• Administrative processing costs
• Any applicable taxes or fees
If the Equipment is damaged beyond reasonable repair or is lost, stolen, confiscated, or otherwise not returned, Lessee shall be responsible for the full replacement value of the Equipment, including any attachments, accessories, or installed components.
Lessor may charge such amounts to the security deposit &/or any Card on File pursuant to this Agreement. Lessee remains responsible for any balance exceeding the deposit.
Lessee acknowledges that the Equipment is part of Lessor’s rental fleet & generates revenue through continued rental use. If the Equipment is damaged, lost, or requires repair because of Lessee’s use, Lessee agrees that Lessor may suffer loss of rental income while the Equipment is unavailable for rental.
Accordingly, in addition to repair or replacement costs, Lessee agrees to pay loss-of-use or downtime charges for the period during which the Equipment is unavailable for rental due to damage, repair, cleaning, inspection, or replacement caused by Lessee.
Downtime charges shall be calculated at the standard daily rental rate for the Equipment, or a reasonable portion thereof, for each day the Equipment is unavailable for rental until repairs are completed or replacement equipment is obtained.
Lessee further agrees to pay any add’l costs incurred by Lessor resulting from such damage or loss, including but not limited to:
• Diagnostic & inspection time
• Cleaning or decontamination
• Transportation or recovery of equipment
• Administrative processing time
• Insurance deductibles
• Costs associated with sourcing replacement equipment
These charges are agreed by the parties to represent a reasonable estimate of Lessor’s losses & are not intended as a penalty.
All amounts owed under this section may be charged to Lessee’s security deposit &/or any Card on File & shall survive the termination of the rental period until paid in full.
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18. DAMAGE WAIVER (NOT INSURANCE)
Lessee assumes full responsibility & risk of loss for the rented property, including but not limited to liability, damage, destruction, fire, theft, vandalism, collision, environmental hazards, & 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 add’l insured. If Lessee does not have sufficient & 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 (30% if any forestry mulching item, tool, or attachment is on the order).
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, & 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, teeth, thumbs, forks, hoses, remote controls, tool steel, glass, poly, 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
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. WAIVER & INDEMNIFICATION
To the fullest extent permitted by law:
Lessee releases, waives, & 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, & hold harmless Lessor, its owners, officers, employees, representatives, agents, contractors, suppliers, insurers, successors, & assigns from all claims, demands, causes of action, liabilities, damages, fines, penalties, losses, expenses, attorney fees, & 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 & name Lessor as add’l 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, & 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 & recovery costs;
• Scheduling disruption;
• Lost business opportunities;
• Reputational harm;
• Depreciation & diminished resale value.
Accordingly, the Parties agree to the following liquidated damages as a reasonable estimate of anticipated losses & not as a penalty.
Add’lly, Lessee agrees that all Charges described in this Agreement constitute agreed compensation & not penalties, & 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; &
The Parties agree this amount reasonably estimates loss of availability & 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 & 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 & 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, & 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 & 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 & difficult to quantify;
• The amounts are not intended as a penalty.
22.9 Cumulative Remedies
Liquidated damages are in addition to, & 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. ARBITRATION; CLASS ACTION WAIVER; WAIVER OF JURY TRIAL; LESSOR REMEDIES; LIEN RIGHTS
23.1 Agreement to Arbitrate.
To the fullest extent permitted by law, any & all disputes, claims, demands, or controversies arising out of or relating to this Agreement, the rental of Equipment, the condition, use, possession, billing, damage, loss, personal injury, property damage, enforcement, or interpretation of this Agreement (collectively, “Disputes”) shall be resolved by final & binding arbitration, except as otherwise expressly provided herein.
This agreement to arbitrate includes claims based in contract, tort, statute, fraud, misrepresentation, negligence, strict liability, & 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.) & applicable federal law. Judgment upon any arbitration award may be entered in any court of competent jurisdiction.
23.3 Arbitration Administrator & Rules
Unless otherwise agreed in writing, arbitration shall be administered by:
The American Arbitration Association (AAA), or another mutually agreed arbitration service, & conducted pursuant to its Commercial Arbitration Rules (or applicable business rules).
23.4 Venue
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
Each Party shall initially bear its own attorney’s fees & costs. The arbitrator may award reasonable attorney’s fees & costs to the prevailing Party to the extent permitted by law or this Agreement.
23.7 Class Action Waiver
Lessee & 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 & VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING RELATING TO ANY DISPUTE.
23.9 Lessor Remedies; Court Access; Lien Rights.
Notwithstanding any provision to the contrary, Lessor shall have the sole & exclusive right, at its election, to pursue any claim or remedy in a court of competent jurisdiction, without first submitting such claim to arbitration, including but not limited to:
-Actions for collection of unpaid amounts, rental charges, damage, or breach of payment obligations;
-Actions in Magisterial District Court or other small claims court;
-Actions for possession, replevin, or recovery of Equipment;
-Actions to enforce, perfect, or foreclose any mechanic’s lien, UCC lien, or other security interest;
-Actions seeking temporary restraining orders, injunctive relief, or other equitable remedies;
-Exercise of any lawful self-help remedies, including repossession of Equipment.
Lessee expressly agrees that Lessor may elect to proceed in court or arbitration in its sole discretion. Any remaining claims not pursued by Lessor in court shall be subject to arbitration as set forth herein.
Lessor’s rights under any Confession of Judgment provision contained in this Agreement are expressly excluded from this Arbitration Clause & may be exercised independently & in addition to any other remedies, without prior submission to arbitration.
23.10 Expedited Proceedings for Nonpayment
Claims solely for unpaid rental charges, damage, or breach of payment obligations may, at Lessor’s election, be resolved through expedited arbitration procedures or by collection action in any court of competent jurisdiction.
23.11 Survival
This Arbitration Agreement shall survive termination of the Rental Period & return of the Equipment.
23.12 Severability
If any portion of this Arbitration Clause is found unenforceable, the remainder shall remain in full force & effect; provided, however, that if the Class Action Waiver is found unenforceable, this Arbitration Clause shall be null & 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; &
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 & negligence by Lessee, & Lessee shall be fully liable for all resulting damage, including engine, hydraulic, structural, & latent damage, together with loss of use & associated costs.
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26. NON-MAINTENANCE SERVICE CALLS
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 & preparation time;
• On-site labor time;
• Recovery & extraction time;
• Equipment transport time;
• All replacement parts;
• Fluids & consumables;
• Specialized equipment required for recovery;
• Third-party towing or crane services;
• Environmental cleanup costs;
• Administrative costs; &
• 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, & irrevocably guarantees all obligations, including rental charges, damage, loss, deductibles, liability, indemnity, & attorney fees & costs. This is a continuing guaranty of payment & performance. Lessor is not required to pursue Lessee before enforcing this guaranty. Liability is joint & several.
If Lessee is an individual, the signing individual personally, unconditionally, & irrevocably guarantees all obligations, including rental charges, damage, loss, deductibles, liability, indemnity, & attorney fees & costs. This is a continuing guaranty of payment & performance. Lessor is not required to pursue Lessee before enforcing this guaranty.
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28. DISCLOSURE OF CONFESSION OF JUDGMENT – ENTITY & INDIVIDUAL
CONFESSION OF JUDGMENT NOTICE – READ CAREFULLY BEFORE SIGNING
THE UNDERSIGNED LESSEE, WHETHER AN INDIVIDUAL OR ENTITY, & THE UNDERSIGNED INDIVIDUAL SIGNING ON BEHALF OF ANY ENTITY (THE “GUARANTOR”), HEREBY KNOWINGLY, VOLUNTARILY, & INTENTIONALLY WAIVE IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO NOTICE & A HEARING PRIOR TO THE ENTRY OF JUDGMENT.
IN THE EVENT LESSEE IS AN ENTITY, THE INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF OF SUCH ENTITY (THE “GUARANTOR”) HEREBY PERSONALLY, ABSOLUTELY, & UNCONDITIONALLY GUARANTEES THE FULL & PROMPT PAYMENT & PERFORMANCE OF ALL OBLIGATIONS OF LESSEE UNDER THIS AGREEMENT.
LESSEE & GUARANTOR JOINTLY & SEVERALLY AUTHORIZE ANY ATTORNEY OR PROTHONOTARY OF ANY COURT OF RECORD TO APPEAR FOR & CONFESS JUDGMENT AGAINST LESSEE &/OR GUARANTOR, WITHOUT PRIOR NOTICE OR HEARING, FOR ANY & ALL AMOUNTS DUE UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO RENTAL CHARGES, DAMAGE, LOSS, COLLECTION COSTS, & REASONABLE ATTORNEY’S FEES, TOGETHER WITH COSTS OF SUIT & WITHOUT STAY OF EXECUTION.
LESSEE & GUARANTOR ACKNOWLEDGE THAT THIS CONFESSION OF JUDGMENT PROVISION IS A MATERIAL INDUCEMENT FOR LESSOR TO ENTER INTO THIS AGREEMENT & THAT THEY HAVE BEEN ADVISED OF THE RIGHT TO CONSULT LEGAL COUNSEL PRIOR TO SIGNING.
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29. CROSS-COLLATERALIZATION; SECURITY INTEREST
29.1 Cross-Collateralization
Lessee agrees that all Equipment rented under this Agreement, & 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, & repair costs;
• All unpaid invoices;
• All fees, interest, & penalties;
• All attorney’s fees & 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 & secured by all Equipment in Lessee’s possession or control.
29.2 Cross-Default
A default under any Rental Document between Lessor & 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.
29.3 Continuing Security Interest
To secure payment & 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.
29.4 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.
29.5 Right of Setoff
Lessor may set off any amounts owed by Lessee against deposits, credits, refunds, or other sums held by Lessor.
29.6 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.
29.7 Future Advances Clause.
The security interest granted herein secures not only current obligations but also any future advances, extensions of credit, or add’l rentals provided by Lessor to Lessee.
29.8 Cumulative Remedies
All remedies provided in this Agreement are cumulative & may be exercised simultaneously or separately.
29.9 Survival
This Section survives termination of the Rental Period & return of the Equipment until all obligations are paid in full.
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30. RIGHT TO REFUSE SERVICE
Lessor reserves the unrestricted right, in its sole & absolute discretion, to refuse service, decline to rent, cancel a reservation, or terminate any rental transaction at any time, with or without cause, & 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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31. GOVERNING LAW; SURVIVAL; SEVERABILITY
This Agreement is governed by the laws of the Commonwealth of Pennsylvania.
If any provision is unenforceable, the remainder remains in effect.
All provisions which by their nature should survive termination shall survive termination of this Agreement.
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32. BREACH & REMEDIES
Violation of operator qualification requirements, safety obligations, insurance requirements, or any material provision of this Agreement constitutes a material breach. Bankruptcy by Lessee &/or personal guarantor constitutes a material breach.
Upon breach, Lessor may immediately terminate the rental without refund & pursue all remedies available at law or in equity.
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33. 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 & UNDERSTANDS THIS AGREEMENT & ACCEPTS ALL TERMS BY SIGNING.