COMMERCIAL RENTAL AGREEMENT TERMS AND CONDITIONS - PRIMARY
- Definitions: "Agreement" means all terms and conditions found on this form page and any other documents you sign or that we give you at the time of rental. "You" or " Your" means the person identified as the renter or additional renter on this form, all Authorized Users, and any person or organization to whom charges are billed by us at its or the renters’ direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the business renting the Item(s) to you. "Authorized Driver" means you and any additional driver listed by us on this Agreement. "Item(s)" means the Item or Items identified in this Agreement and any Item or items we substitute for it. "Loss of Use" means the loss of our right to use the Item(s) for any reason because of damage to it or loss of it during this rental. Loss of Use is calculated by multiplying the number of days from the date of loss or damage to the Item(s) until it is replaced or repaired times the daily rental rate. “Diminished Value” means the difference between the actual cash value of the Item(s) just prior to damage or loss less the value of the Item(s) after it is repaired. If we elect not to repair the Item(s) “Diminished Value” means the difference between the actual cash value of the Item(s) just prior to damage or loss less the salvage or sale value of the Item(s). I Explicitly Agree.
- Rental, Indemnity and Warranties: This is a contract for the rental of the Item(s). We may repossess the Item(s) at your expense without notice to you, if the Item(s) is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Item(s). We make no warranties, express, implied or apparent, regarding the Item(s), no warranty of merchantability and no warranty that the Item(s) is fit for a particular purpose. I Explicitly.
- Condition and Return of Item(s): You must return the Item(s) to the place and on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Item(s) is returned after closing hours, you remain responsible for the safety of, and any damage to, the Item(s) until we inspect it upon our next opening for business. Service to the Item(s) or replacement of parts or accessories during the rental must have our prior approval. I Explicitly.
- Responsibility for Damage or Loss; Reporting to Police:
You are responsible for all damage to, or loss or theft of, the Item(s), including damage caused by weather, road conditions and acts of nature, whether or not you are at fault. You are responsible for the cost of repair or the actual retail cash value of the Item(s) if it is not repairable or if we elect not to repair it. You are also responsible for Loss of Use, Diminished Value, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage claim, you must report all accidents involving the Item(s) to us and the police within 24 hours of occurrence. I Explicitly.
- Prohibited Uses: The following uses of Item(s) are prohibited: (a) transporting dangerous or hazardous items or illegal materiel; (b) transporting non-living persons; (c) Using the Item(s) by anyone under the influence of drugs or alcohol; (d) allowing the Item(s) to be used by anyone who is not a renter or an Authorized Driver; (e) any use of the Item(s) by anyone who obtained the Item(s) or extended the rental period by giving us false, fraudulent or misleading information; (f) use of the Item(s) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic citation; (g) use of the Item(s) outside the United States or Canada; (h) use of the Item(s) when loaded beyond its capacity, as determined by the manufacturer of the Item(s); (i) towing the Item(s) through or under any structure without sufficient overhead or side clearance; (j) use of the Item(s) when it is reasonable to expect you to know that further operation would damage the Item(s); (k) using the Item(s) in a manner that causes damage to it due to inadequately secured cargo; (l) damaging the Item(s) by your intentional, wanton, willful or reckless conduct; and, (m) damaging the Item(s) by placing signs, lettering or painting on the Item(s). I Explicitly Agree.
- Insurance: You have notified your insurance agent of your intention to haul the Item(s). You have been advised by your agent that your liability and property damage insurance covers your risk of liability for injury and/or damage to others or their property and your insurance policy has been endorsed accordingly. You must provide liability insurance coverage on the Item(s) during the entire length of the rental period that will cover any and all incidents or accidents while the Item(s) is in your possession through the motor vehicle insurance policy covering the towing vehicle. I Explicitly Agree.
- Charges: You agree to pay us on demand for all charges due us under this Agreement, including, but not limited to: (a) time, and mileage (if applicable), for the period you keep the Item(s); (b) applicable taxes; (c) all traffic, toll or parking violations, fines, penalties, citations, forfeitures, court costs, towing and storage charges and other expenses involving the Item(s) assessed against us or the Item(s); if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $100 for each such charge; (d) all costs we incur recovering the Item(s) if you fail to return it as agreed above; (e) all costs, including pre- and post- judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) a 5% late payment fee on all amounts paid past the due date; (g) $100 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (h) a reasonable fee not to exceed $500 to clean the Item(s), if returned substantially less clean than when rented. We will not refund any of the time or mileage charges if you return the Item(s) earlier than the date or time due in. I Explicitly Agree.
- Deposit: We may use your deposit to pay any monies owed to us under this Agreement, including our estimate of damages to the Item(s). I Explicitly Agree.
- Modifications: No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are merged into this Agreement. I Explicitly Agree.
- Waiver: A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of an Item(s). If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. I Explicitly Agree.
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