1.PREAMBLE: US Environmental Rental Company (“USERC”) is engaged in the renting of specialty equipment, including all parts of and accessories to such equipment (“Equipment” or “Rented Equipment”), to an individual/business entity (“Renter”). An agreement between USERC and Renter is referred to as a “Rental Agreement”. Per the terms and conditions of each Rental Agreement, the Renter has agreed to pay USERC a specified rate(s) and other charges for the use of the Equipment (“Rental Charges”). As set forth herein, Renter may supplement the Rental Agreement by purchasing a Damage Waiver at the time of entering into the Rental Agreement.
2.TERM: Rental Agreements commence on the “date out” date on the Rental Agreement (“Commencement Date”) and continue until the Equipment is returned, unless otherwise agreed in writing by USERC, to USERC’s location from which the Rental Agreement originated. If the Equipment is returned in an unusable condition, the terms set forth herein shall govern Renter’s financial responsibility to restore the Equipment to a usable-rentable condition.
3.INDEMNIFICATION: Renter agrees to indemnify and hold harmless USERC, its officers, directors, agents, stockholders and employees from and against any and all damages (including consequential damages), losses, liabilities, claims, suits, costs and expenses (including reasonable attorneys’ fees) resulting from or relating to (i) any breach by Renter of any provision, warranty or covenant, or any nonfulfillment of any obligation by Renter under this Rental Equipment Damage Waiver or (ii) any complaints, demands, claims or legal actions alleging illness, injury, death or damage as a result of Renter’s use or misuse of any Rented Equipment, or any other action or omission by Renter.
4. RISK OF LOSS: Renter agrees that it is solely responsible for the safekeeping of all Rented Equipment during the Rental Term. During the Rental Term, Renter agrees to assume all risks in connection with Rented Equipment, regardless of fault, including, without limitation, risk of use, risk of loss, risk of theft, risk of damage or destruction.
Renter shall insure Rented Equipment against such risks for not less than the replacement value of each item and, if requested by USERC, Renter shall provide evidence of such insurance to USERC. Renter agrees that it is responsible for all charges, including labor costs, to repair or to replace Rented Equipment. Renter acknowledges that, prior to the commencement of the Rental Term, Renter examined the Rented Equipment, viewed the operation (if applicable) of the Rented Equipment and agreed that such equipment was in good working condition. Renter agrees to return the Rented Equipment in the same condition as received, ordinary wear and tear excepted. If Rented Equipment is not returned to USERC in usable-rentable condition, Renter agrees that USERC may charge Renter a service and maintenance fee equal to the cost to restore the Rented Equipment to usable-rentable condition. If the returned Rented Equipment cannot be refurbished at a reasonable cost and in a reasonable period of time, USERC may charge Renter to replace the Rented Equipment based upon the list price of the Rental Equipment as maintained by USERC as of the Commencement Date (the “Equipment Replacement Value”).
5. ACCIDENT PROTECTION PLAN: If Renter fails to return Equipment in usable-rentable condition, Renter shall be financially responsible for the restoration or replacement costs set forth in Para. 3. hereof. At Renter’s election, upon entering into a Rental Agreement, Renter may purchase a limited Accident ProtectionPlan (“APP”) from USERC as follows: 8% of the Rental Rate for all applicable items.
The APP applies only to the cost of restoring Equipment to user-rentable condition and does not apply in any way to damage to person or property besides the applicable Equipment.
NOTWITHSTANDING THE FOREGOING, RENTER SHALL REMAIN FULLY LIABLE FOR ALL LOSS OF AND DAMAGE TO EQUIPMENT RESULTING FROM:
- Failure of the Renter to use the Equipment in compliance with the Rental Agreement
- Neglect, misuse, wrong application, or abuse of the Equipment
- Sinking of the Equipment into mud or water; except for equipment specifically designed for immersion
- Use of the Equipment in demolition activities; except for equipment specifically designed for use in demolition activities.
- All loss and damage associated with vandalism, malicious mischief, theft or conversion of the Equipment. By exception, in the event of theft, Renter may seek damage waiver coverage up to 70% of the Equipment Replacement Value, provided that the Renter presents a valid and authenticated police report documenting Equipment theft.
- All loss of or damage to the Equipment resulting from any exposure to radioactive, contaminated or other hazardous materials; except for equipment specifically designed for uses that involve radiation, contamination or hazardous materials.
- Use or operation of the Equipment by a person other than Renter or Renter’s company employees
- Use or operation of the Equipment in violation of any law or ordinance
- The failure of Renter to perform the basic maintenance required and explained to Renter prior to the rental
- All restoration costs in excess of 70% of the Equipment Replacement Value.
6.ADDITIONAL: If Renter elects to take the APP and USERC consents to such election, Renter shall pay USERC an additional Rental Charge per Para. 4. hereof. Further, once elected, the APP
is conditioned upon Renter timely paying all Rental Charges applicable to the Equipment. Renter acknowledges the DW does not provide liability insurance. RENTER IS RESPONSIBLE FOR PROVIDING ITS OWN COMPREHENSIVE GENERAL LIABILITY COVERAGE FOR THE EQUIPMENT.