IN ORDER TO RESERVE THE EQUIPMENT, YOUR SIGNATURE AND PAYMENT MUST BE RECEIVED.
YOU ARE ALLOWED EIGHT ENGINE HOURS ON THE MACHINE HOUR METER DURING A TWENTY-FOUR HOUR RENTAL PERIOD OTHERWISE ADDITIONAL CHARGES WILL APPLY.
THE TIME LISTED ON THE CONTRACT YOU SIGN IS A PLACEHOLDER AND ROUGH ESTIMATE FOR DELIVERY. ACTUAL DELIVERY TIME CAN VARY WITHIN A COUPLE HOURS DEPENDING ON OUR WORKLOAD. IF YOU WANT A MACHINE AT A SPECIFIC TIME YOU WILL NEED TO MAKE SPECIAL ARRANGEMENTS FOR THAT. WE ARE NOT LIABLE FOR OTHERS WAITING ON US TO ARRIVE. GENERALLY THE TIME ON THE CONTRACT IS WHEN WE BEGIN LOADING THE EQUIPMENT ON YOUR ORDER, NOT THE TIME IT WILL BE DELIVERED TO YOU. SAME GOES FOR WHEN WE PICKUP EQUIPMENT, BECAUSE WE GIVE DELIVERIES PRIORITY.
Any cancellations within 24 hours of scheduled pick up or delivery will be subject to a 10% fee deducted from the refund amount owed.
If machine is not returned full of appropriate fluids (Fuel, Diesel Exhaust Fluid [DEF]), you will be charged $5 per gallon.
You may decline Limited Damage Waiver fee ONLY if you provide the appropriate property/physical damage/inland marine insurance to cover equipment.
You are responsible to return the equipment clean and in the same working order as it was received.
The rental rate will increase for any late returns, overuse, and/or misuse. No exceptions will be made for weekends, holidays, transportation delays, or any period of nonuse.
All late return fees will be based on the rented equipment's highest incremental rate and bear interest of 18% per annum or the highest rate permitted under applicable law.
Should any damage, breakdown, or malfunction occur, you are required to turn off the machinery and immediately notify All Equip Rental 801-717-4024.
You grant All Equip Rental permission to save submitted payment information on file for future use.
You certify that you have read and agree to all Terms and Conditions of this Rental Contract.
Should you be in violation of any part of this Rental Contract, you will be in default and fully responsible for any arising costs.
Our Limited Damage Waiver (“LDW”) is OPTIONAL AND MAY BE DECLINED IF YOU PROVIDE YOUR OWN INSURANCE. (See Section 11 on Page 2 of this Contract).
If and only if, we have offered, and you have paid for our OPTIONAL NON-REFUNDABLE LIMITED DAMAGE WAIVER (“LDW”) in advance of the Term, you will have no liability to us for 75% of the first $10,000 of repair/replacement costs for physical damage to Item(s) covered by LDW (“Covered Item(s)”); provided however, that you will, remain fully liable for: (a) all loss of and damage to: (i) Item(s) not covered by LDW; including without limitation, those with respect to which you did not pay the LDW fee, (ii) Covered Item(s) lost or damaged during transportation and/or as a result of: (A) any breach of this Contract by you or your agents, employees, sublessees, transferees, borrowers, successors and/or assigns; (B) theft or other failure to timely return Covered Item(s) to us; (C) negligence, misuse and/or abuse of Rented Item(s) (including submerging, overturning, overloading, and striking overhead obstacles); (D) damage to engines or other electrical devices due to power surges; (iii) GPS and telematics systems, data, cords, crates, carts, blades, tanks, cables, batteries, keys, glass, tires, tubes, tracks, booms, belts, chains, knobs, hoses (and other similar items); (b) 25% of the first $10,000 of repair/replacement costs for Covered Item(s); and (c) all repair and replacement costs exceeding $10,000 in the aggregate across all Covered Item(s). You may decline LDW if you provide the property/physical damage/inland marine insurance referenced in § 11. Your insurance, if any, will continue to apply and will remain primary. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY.
IMPORTANT: If you decline LDW and provide your own insurance and your insurance fails to pay for any damages that may occur, you will be responsible for all damage to the Rented Item(s), at the full (new) replacement cost thereof. Otherwise, you have to the option to pay the LDW which is 15% of the rented item. Payment of LDW is your acceptance of the LDW coverage. Non-payment of the LDW and proof of your insurance, is your acceptance that you have declined the LDW.
Lessor, All Equip Rental, LLC, a Utah limited liability company, d/b/a “All Equip Rental” and d/b/a “AERCON” (also referred to in this Contract as “AER”) hereby rents to you, the
undersigned “Customer/Lessee” the item(s) identified above (also referred to herein as the “Rented Item(s)”) on the terms set forth in this Rental Contract (“Contract”).
All charges due and coming due under this Contract are subject to FINAL AUDIT by AER. By signing below, you authorize AER to charge all amounts due and coming due under this Rental Contract to any and all debit or credit card(s) you provide.
TERMS AND CONDITIONS OF RENTAL CONTRACT – ALL EQUIP RENTAL, LLC LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE Copyright ©, EquipmentRentalContracts.com. (866) 582-2586. All rights reserved. Unauthorized reproduction and/or distribution expressly prohibited. For good and valuable consideration, you, and All Equip Rental, LLC, a Utah limited liability company, d/b/a “All Equip Rental” and d/b/a “AERCON” (also referred to herein as “AER,” “Lessor,” “we,” “us” and “our”) agree as follows: 1. As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions, “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1 (including any “Instructions” and/or safety devices provided per Section [or “§”] 3 below); “Site” means the address set forth on P.1 where the Item(s) is/are to be delivered and/or used; and “Customer,” “Lessee,” “you” and “your” mean the “Renter,” “Customer,” “Lessee” and/or “Guarantor” (as applicable) identified on P.1. 2. You agree to rent from AER the Rented Item(s) for the period(s) specified on P.1 (the “Term”), to pay us our stated rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff, and to remain liable for all loss, theft, injuries and damages of, to, and/or associated with such Item(s), until all Rented Item(s) is/are returned to and accepted by AER in the return condition required under this Contract (including § 10). Unless otherwise specifically agreed by AER, all rental rates are for normal use of the Rented Item(s) on a single-shift basis during the Term, not exceeding 4 hours per 1⁄2 day rental, 8 hours per 24-hour period for which Rent is charged hereunder (each, a “Rental Day”), 40 hours per 7-Rental Day period, and 160 hours per 28-Rental Day period (zero hours for any and all uncharged-for periods), and in accordance with the terms of this Contract. Additional Rent at our highest incremental rate will be charged for late returns and overuse. You will not be entitled to any cancellation right or reduction of Rent or other amounts coming due hereunder to account for time in transit, Act(s) of God, event(s) of force majeure or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). Unless otherwise agreed by AER in writing, you agree: (a) to pay us: (i) the Estimated Rent specified on P.1 in advance of the Term (the “Prepayment”); and (ii) all other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount(s) you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to AER; and (iv) all Prepayments are NON-REFUNDABLE. Anything remaining with, in or on any Rented Item(s) upon return will, at our option, be deemed abandoned. 3. Upon the earlier of your receipt, or the delivery to the Site, of the Rented Item(s) unless you thereupon reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by us), carefully examined, counted and tested by you or your agent(s); and (b) you: (i) have carefully reviewed and fully understand all laws, rules, regulations, training, instructions, user manuals, maintenance requirements, and other information, if any, including all EPA, OSHA, MSHA, ASME, IBC, IFC, IEEE, UL, ASSP, NFPA, DOT, FMCSA, IFTA, ANSI and other standards, applicable to the Item(s) (collectively, “Instructions”); (ii) will fully comply therewith (including Tier 4, Silica Dust, Ventilation, ELD, AWP/MEWP, training and familiarization, charging, fueling, cleaning, and site assessment requirements ); (iii) have been made aware of the need to use all applicable personal protective equipment and safety devices (including RESPIRATORY and FALL PROTECTION); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give all applicable notice(s) to, and obtain all applicable licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities, cable companies and the owner(s) of the Site, and ensure that all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to disturb the ground surface (call 811 and go to www.Call811.com, at least 3 full business days in advance); (vi) will immediately cease using any Item that is damaged, breaks down, or proves defective (a “Malfunction”); and (vii) will ensure that all others comply with this Contract. You agree to notify: (A) the police and AER in the event of any theft or accident involving any Rented Item(s); and (B) AER if any of the above requirements is/are breached or incorrect. 4. Except with respect to Rented Items AER rents from one or more third parties (each, a “TPO”) and then re-rents to you (“Re-Rented Items”), AER owns and will retain title to all Rented Items at all times. You will have exclusive control over the Rented Item(s) during the Term; subject however, to your obligation to fully and timely comply with this Contract at all times. You SHALL NOT NOR WILL YOU PERMIT ANYONE ELSE TO: (a) the taking or existence of any lien, claim, security interest or encumbrance on any Rented Item(s); (b) have any title or ownership interest in or with respect to any Rented Item(s); or (c) loan, share, transfer, sublease, store, surrender or assign any Rented Item(s) or this Contract, without our prior written consent (in our sole discretion). AER may, from time to time, substitute Rented Item(s) and/or sell or assign all or any part of its interests in one or more Rented Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of AER or any TPO. 5. If we agree to deliver and/or retrieve any Item(s), you agree to: (a) pay our regular charge(s) therefor, and for all driving and waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. We will not be responsible for delay(s) caused by any acts or omissions of/by you, your agents, employees or contractors, or any other parties, including providers of other equipment or services (“Other Providers”) for which you agree to indemnify, defend, and hold harmless AER, its agents, employees, and contractors. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of our representatives and/or delivery personnel regarding the same (including status, condition, quality, utility, defects, and quantities of or with respect to the Item(s) and the Site). 6. NO WARRANTIES. AER IS NOT THE MANUFACTURER OR DESIGNER of any of the Item(s), all of which are provided “AS-IS”. NEITHER AER NOR ANY TPO MAKES ANY WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING ANY AND ALL WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND GOOD AND WORKMANLIKE PERFORMANCE, as well as any warranty(ies) arising from course of dealing, course of performance and/or usage of trade) regarding any Item(s) or Service(s) provided by or at the direction of AER or any TPO, nor does AER or any TPO make any warranty against INTERFERENCE OR INFRINGEMENT, all of which warranties you hereby waive. NO DESCRIPTIONS, SPECIFICATIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY AER OR ANY TPO. 7. In the event of a Malfunction (as defined in § 3), you will immediately notify AER, and provided such Malfunction did not result from or in connection with: (a) any wrongful or negligent act or omission of/by you or anyone you permit to use or otherwise deal with any Rented Item; or (b) your breach of any provision of this Contract, AER will, at its option: (i) repair the Malfunctioning Item; (ii) provide you with a comparable item; or (iii) solely with respect to the Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. Neither AER nor any TPO shall have any other obligation(s) regarding Malfunctions, all of which you waive, together with all incidental and consequential damages. 8. WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS AND SHOULD BE FUELED, CHARGED, SERVICED, MAINTAINED, REPAIRED AND USED WITH EXTREME CARE, ONLY FOR THEIR INTENDED PURPOSE(S), AND ONLY BY PROPERLY QUALIFIED, INSTRUCTED, TRAINED, FAMILIARIZED, AND LICENSED, ADULT USERS, OPERATORS AND OCCUPANTS. YOU AGREE TO PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL SUCH PARTIES, and ensure that each such Item is fueled, charged, used, operated and occupied safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) unless otherwise specifically agreed by AER at the Site; (d) BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED AND/OR LICENSED ADULTS; and (e) otherwise in full compliance with this Contract, the Instructions and all applicable warranties and insurance policies, at all times. 9. INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, ELECTRIC SHOCK, ILLNESS, PRODUCTS LIABILITY, LOSS, THEFT, DAMAGE, AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND/OR SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM AND/OR IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, FUELING, CHARGING, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, INSTALLATION, CLEANING, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL OF SUCH ITEM(S) AND/OR SER-VICE(S), WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, AER, EACH TPO, their respective parents, affiliates, subsidiaries, owners, shareholders, members, managers, officers, directors, agents, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (including attorneys’ fees) arising from and/or in connection with the Item(s), this Contract, our negligence, and/or your breach of any one or more of the terms of this Contract; and except only as provided in § 7, (C) WAIVE all rights, remedies and defenses available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each and every Indemnitee. 10. You will ensure the Site is reasonably clean, safe, secure and fit for delivery and use of the Item(s), protect, properly maintain and care for each Item, keep each such Item safely and securely stored and locked when not in use, and return each such Item to AER on time at the end of the Term, complete (with all original batteries, cords, attachments and peripherals), clean and free of contamination (including asbestos, beryllium, silica and pathogens), and in good order, condition and repair, properly serviced, maintained, and if applicable, fully charged and/or full of the appropriate fuel, fluids, and lubricants (call AER for manufacturer-approved products). You agree to inspect the trailer coupling mechanisms, safety chain(s), tongue jacks, all tie downs and pins before trailers leave lessor’s premises, inspect the equipment periodically and maintain it in a safe and secure condition. If you fail to adhere to these (and all other) instructions, in addition to any other amounts specified on P.1, you will promptly pay to AER: (a) Rent at our highest incremental rate(s) until all such Item(s) have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure. You shall not, nor permit anyone else to: (i) use any Rented Item while under the influence of any intoxicant(s) (including without limitation, CANNABIS, CANNABINOIDS, AND ALCOHOL, WHETHER OR NOT LEGAL) or to abuse, misuse, overuse, conceal, store with any third party, repair, modify, damage, or smoke and/or vape in any Rented Item(s); (ii) violate any Instruction, insurance policy or warranty; (iii) expose Rented Item(s) to flammable, explosive, harmful or hazardous substance(s) or circumstance(s); (iv) disable, misuse or circumvent safety equipment or device(s) in, on or with any Item(s); (v) park any items within 100 feet of salt piles; or (iv) take possession of or exercise control over any Rented Item(s), without our prior consent. 11. You agree to maintain all insurance we may require, including: (a) liability insurance with minimum limits of $1,000,000 per occurrence; (b) property damage/inland marine insurance covering all Items for the full (new) replacement cost thereof; (c) workers’ compensation insurance; and (d) for all vehicles and trailers included with or in the Rented Item(s): (i) hired auto liability insurance with minimum limits of $1,000,000; (ii) hired auto physical damage insurance for actual cash value; and (iii) replacement cost contents insurance for all contents thereof. Such policies shall, whenever possible: (A) name AER as an additional insured and loss payee; (B) waive subrogation against us; (C) be primary and non-contributory; and (D) include a severability of interests clause and such other provisions (including deductibles) as we may require. You irrevocably appoint AER as your agent and attorney-in-fact for purposes of submitting, negotiating, and settling claims on all such policies. 12. You agree to fully and timely pay all taxes (including sales, use, and other taxes), tolls, fines, fees, assessments, and other charges related to each item. If legal action is commenced in connection herewith, we will be entitled to recover our associated costs and expenses (including without limitation, attorneys’ fees) from you if we prevail. To the maximum extent permitted under applicable law, you grant to AER a lien on all real and personal property: (a) placed in or on; and/or (b) improved with, any Rented Item(s). We may, without notice or liability to you, monitor and/or inspect, in person and/or electronically (including via Telematics/GPS systems) any Rented Item(s) at any time. You consent thereto and agree that all information thereby obtained will be AER’s property. If any performance required of us is delayed, impaired or made more costly as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God,” event of force majeure (including (but not limited to) fire, flood, storm, earthquake, tsunami, slide, subsidence, collapse, riot, war, violence or threat thereof, theft, terrorism, power surge or outage, epidemic, pandemic and governmental and regulatory actions) or other facts or circumstances beyond our reasonable control, we will be excused from such performance. You waive all statutes of limitations regarding our rights and remedies. 13. All amounts due hereunder but not timely paid will bear interest at the lesser of 18% per annum or the highest rate permitted under applicable law. You authorize us to charge all amounts coming due hereunder to any debit and/or credit card(s) you provide (up to 150% of the new replacement cost of the Item(s)). You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to the amount(s) actually paid by you and received by us hereunder for the Item(s) identified on P.1. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies. Time is of the essence. There are no third-party beneficiaries hereto other than the applicable Indemnitees. The terms of this Contract are severable. If any provision (t)hereof is deemed invalid or unenforceable by any court or arbitrator of competent jurisdiction, such provision will be deleted, and the remainder (t)hereof will remain valid and enforceable. This Contract, and any addenda we provide, each of which shall be deemed incorporated herein, represent(s) the entire agreement between you and AER, superseding all other agreements and representations (including our website and advertising) and cannot otherwise be amended or extended except in a writing signed by AER. These Terms and Conditions apply to all Item(s) identified on P.1, and to all other Items you obtain from us at any time (except only as we may otherwise agree). 14. Your Rental is a “net” rental. Your obligations hereunder shall be absolute and unconditional and are not subject to any reduction, set-off, compensation, defense, counterclaim, crossclaim, interruption, deferment, or recoupment. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract or any other agreement(s) (“Other Contract(s)”) between you and any Indemnitee, and/or any of your obligations arising (t)hereunder or in connection (t)herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent or bankrupt; or (d) die or cease conducting business; if AER deems itself insecure; or if any Rented Item(s) shall be lost, or damaged, you will be in DEFAULT hereunder and thereunder, whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) cancel the Term and/or the subject Contract(s) (and/or your rights to use and possess the Rented Item(s)); (ii) seek relief from stay; (iii) recover, empty, lock, restrict, shut down, disassemble and/or disable such Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you agree to indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations (t)hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the entire scheduled Term, overtime, loss of use, interest, attorneys’ fees, retrieval/repossession costs, collection costs and if civil fraud has occurred, punitive damages for civil fraud); and/or (vii) pursue any one or more other rights and/or remedies available (t)hereunder, at law and/or in equity, all of which are cumulative 15. This Contract shall be governed by and enforceable under the laws of Utah. Disputes arising in connection with the subject matter of this Contract, shall, at our option, be submitted to binding ARBITRATION in accordance with the Rules of the American Arbitration Association before a single arbitrator and in a location selected by AER. Judgment on the arbitrator’s award shall be final and binding and may be entered in any court of competent jurisdiction. Proper venue for all other civil legal actions commenced in connection herewith shall lie solely and exclusively in the federal, state, and local courts located in or nearest to, Utah County, Utah (unless waived by AER). You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. YOU HEREBY WAIVE: (A) YOUR RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER JOINT ACTION AGAINST AER; AND (B) YOUR RIGHT TO TRIAL BY JURY. This Contract: (i) is a true operating lease, and not a financing; (ii) is fair and reasonable; and (iii) shall bind and be enforceable by you, AER, and their respective insurers, subrogees, successors and permitted assigns. Digital, electronic, photocopied, and facsimiled signatures and initials appearing on this Contract will be deemed originals. 16. WARNING: Obtaining property available only for rent with the intent to avoid payment, and/or failing to timely return such property may be DEEMED THEFT, RESULTING IN CIVIL PENALTY(IES) AND/OR CRIMINAL PROSECUTION. See Utah Criminal Code §§76-6-409 and 410, et seq.