Attachments
Equipment Rental Terms & Conditions
CAREFULLY READ AND REVIEW THIS PAGE AND THE TERMS AND CONDITIONS ON THE SECOND PAGE OF THIS RENTAL CONTRACT.
At your request, a large-print version of the Terms and Conditions will be made available to you. Please take note of the following, which are included in more detail below.
Renter warrants that equipment will not be used for sandblasting, painting, or similar work without the written consent of Gibson Landworks & Rentals LLC.
Equipment will need to be returned cleaned and made lot ready. There will be 2 hours allowance for cleaning (Unless agreed upon from Gibson Landworks & Rentals LLC) and return or pickup of the equipment. Please have all fuel levels same as you received it and with the proper fuel type.
Note carefully the insurance required by the terms of Paragraph 11 of the Terms and Conditions on the second page of this rental contract.
Renter is responsible to provide OSHA compliance, including operator instruction, safety belts and lanyards.
Renter will be responsible for the costs to replace damaged tires.
The Rental Rates listed are for use of the Equipment on a single shift basis, not to exceed:
Eight (8) hours of usage per twenty-four (24) hour period (a “Day”);
One Week equals up to five (5) Working Days or up to forty (40) hours of usage.
One Month equals one calendar month, or up to twenty (20) Working Days, or up to one hundred sixty (160) hours usage.
Renter agrees to pay Gibson Landworks & Rentals LLC at multiples of the Rental Rates for Equipment used on multiple shifts or with hour-meter readings exceeding the maximum listed work hours for any Rental Term.
By signing below, you warrant that you are authorized to bind the Customer (hereafter the “Renter”) to the receipt of the Leased Equipment shown above (the “Equipment”) and all the provisions, terms and conditions of this Rental Contract (the “Contract”).
Date__________________________________________________________ Renter’s Signature________________________________________________________________ Terms and Conditions
Renter and Gibson Landworks & Rentals LLC, agree as follows:
Renter’s execution of this Contract or taking possession of the Equipment shall be deemed acceptance of all terms herein, and they will be deemed to apply not only to the Equipment shown on Page 1 but also to all other future equipment rentals.
Definitions: “Page 1” refers to the signature lines above and everything preceding them; “Contract” refers to Page 1 together with these Terms and Conditions; “Equipment” means the items rented by Renter, as identified on Page 1; “Parties” refers collectively to Renter and Gibson Landworks & Rentals LLC; “Job Address” shall be the address, listed on Page 1, where to Equipment is to be used.
Rental Period: Unless otherwise arranged by Gibson Landworks & Rentals LLC, the “Rental Period” shall include all time from delivery of the Equipment to Renter (or, if the Equipment is not delivered, from receipt of the Equipment by Renter) up to and including the time it is returned to Gibson Landworks & Rentals LLC, provided that, at the time of return, the equipment is accepted by Gibson Landworks & Rentals LLC in the return condition required by this Contract, including Paragraph 7. The Rental Period shall also include all time necessitated by the repairs contemplated in Paragraph 7 hereof. Any apparent agent of Renter at the Job Address is authorized to accept delivery of the Equipment. Renter authorizes Gibson Landworks & Rentals LLC, upon request, to leave the Equipment at the Job Address without the requirement of written receipt. There shall be no allowance or abatement of rent during any period for which the equipment is inoperable due to mechanical defect or failure, unfavorable weather, labor issues, or any other reason.
Periodic Rental Charges: Renter agrees to rent the Equipment from Gibson Landworks & Rentals LLC for the Rental Period, in exchange for which Renter agrees to (i) pay Gibson Landworks & Rentals LLC the Rental Rates listed, together with any other charges incurred hereunder, when due and without reduction, setoff, or proration; (ii) return the equipment to Gibson Landworks & Rentals LLC at the end of the Rental Period; and (iii) otherwise comply with all terms of this Contract. In accordance with the Rental Rates “Periodic Rental Charges” are to be invoiced upon the end of the Rental Period or at the end of each Month’s usage, whichever first occurs. Periodic Rental Charges are due 30 calendar days from the invoice date. An interest charge of 1.5% per month applies to all past due invoices. If Renter has given Gibson Landworks & Rentals LLC a credit or debit card number, Renter does hereby consent to Gibson Landworks & Rentals LLC charging said credit or debit card for all obligations due under this Contract.
Taxes and Other Charges: Periodic Rental Charges do not include, and Renter shall pay, any present and future taxes (including sales, use, transfer, value added, and other taxes) and any other governmental charges, fees, fines or penalties, including without limitation any under the Occupational Safety and Health Acts (“OSHA”), assessed against or payable by Gibson Landworks & Rentals LLC, Renter, or others during the Rental Period on or relating to the Equipment or the use, registration, rental, shipment, transportation, delivery, or operation thereof, or relating to this Contract. In connection with any such payments, Renter shall file all returns and papers required and furnish copies thereof to Gibson Landworks & Rentals LLC. Renter agrees that it shall pay for all shipping and transportations expenses, including but not limited to delivery fees, return fees, and transfer fees. Additional Usage: The Rental Rates listed are based on single shift usage, for no more than eight (8) hours of work for each Day during the Rental Period. Any usage in a single Day exceeding eight (8) hours (“Additional Usage”) shall be subject to 1.5 times the Rental Rate. Additional Usage exceeding sixteen (16) hours shall be subject to 2 times the Rental Rate. Gibson Landworks & Rentals LLC reserves the right to pursue Additional Usage charges as described herein. Termination: Gibson Landworks & Rentals LLC may terminate this Contract for any reason or no reason at all. Renter may terminate this Contract in the event that Gibson Landworks & Rentals LLC breaches any obligation hereunder and fails to remedy such breach within ten (10) days after being given notice to that effect. Upon termination of this Contract, Renter (i) shall, within 24 hours of termination, at Gibson Landworks & Rentals LLC’s option, make the Equipment available for pickup by Gibson Landworks & Rentals LLC or arrange for delivery of the Equipment to Gibson Landworks & Rentals LLC; and (ii) shall pay in full any and all Periodic Rental Charges for the Rental Period and all other charges incurred hereunder. Fuel, Maintenance, and Repairs: Upon the earlier of Renter’s receipt or Gibson Landworks & Rentals LLC’s delivery of the Equipment, unless Renter immediately rejects it, Renter represents and warrants that the Equipment is in good order, repair, and operating condition, and is in all ways acceptable to Renter and is appropriate for Renter’s use. Renter further represents, warrants, and agrees that Renter (i) will protect, properly maintain, and care for all Equipment at all times; (ii) will keep the Equipment in a secure location; (iii) will be responsible for any and all fuel or maintenance costs; (iv) will keep and return the Equipment (including tires) to Gibson Landworks & Rentals LLC in the same condition as when delivered/received, usual wear and tear excepted, and otherwise in good order, condition, and repair, and full of the appropriate fuel, fluid, and lubricants; and (v) will notify Gibson Landworks & Rentals LLC immediately if the Equipment is lost, malfunctioning, unsafe, damaged, disabled, or otherwise physically impaired. The repair and replacement of tubes and tires is not included in the Rental Rates and is the sole responsibility of Renter; Renter represents, warrants, and agrees that Renter will be responsible for the cost of replacement of damaged tires. If Renter breaches its obligations under this Paragraph and returns the Equipment in a condition that requires maintenance or repair to return it to the same condition as when delivered/received, the Rental Period shall include such period of repair and Renter shall pay all costs of repair, including but not limited to overtime and special expenses to expedite the prompt acquisition of necessary parts. Gibson Landworks & Rentals LLC retains the exclusive option of determining whether to repair the equipment or consider it beyond repair as a result of damage occurring while in Renter’s control, while in transit to Renter, or while being returned to Gibson Landworks & Rentals LLC. Upon Gibson Landworks & Rentals LLC’s determination that the Equipment is beyond repair, Gibson Landworks & Rentals LLC shall promptly notify Renter in writing and Renter shall then forthwith make an appropriate claim to its insurance company and shall remit promptly to Gibson Landworks & Rentals LLC any sums not paid to Gibson Landworks & Rentals LLC by Renter’s insurance company. Operation; Inspection: (a) Renter agrees that Gibson Landworks & Rentals LLC has no control over the manner in which the Equipment is operated during the Rental Period by Renter or any third party that Renter explicitly or implicitly permits.