Terms & Conditions of Rental
Lessor refers to RINO Rents LLC and Lessee refers to the customer, or its assigns, as specified on the front of this Agreement.
1. RENTAL TERM
Begins with ON RENT DATE and continues through and is inclusive of the date the Equipment is returned or shipped back to Lessor. No allowance will be made for non-operation due to holidays, strikes, weather or any other reason. In no event will the rental term be less than the minimum rental term specified in this Agreement.
2. RENTAL RATE
The rates provided for in this Agreement are straight time rates based on a maximum of eight (8) hours per day and five (5) eight (8) hour days per week. If the equipment is used longer than the above specific rental term, the overtime rate will be applied for all excess hours.
3. TRANSPORTATION CHARGES
Lessee will pay all transportation charges from and to Lessor's warehouse or shipping point.
4. PAYMENT TERMS
All rentals are net cash payable upon receipt of invoice.
5. DEFECT; DISCONTINUED USE
If Lessee accepts the Equipment and thereafter the Equipment proves defective through no fault of Lessee, Lessee shall immediately notify Lessor and Lessor shall, at its sole option, replace or repair the defective Equipment. If for any reason Lessee desires to discontinue use of the Equipment, Lessee may, upon notice to Lessor, return the Equipment and terminate this Agreement, if Lessee will be liable to Lessor for all transportation charges and the minimum rental specified in this Agreement.
6. USE AND MAINTENANCE
Lessee shall (a) use the Equipment solely for the purposes for which it was designed, (b) operate, inspect, service and maintain the Equipment in accordance with all applicable maintenance and operating manuals, and (c) cause the Equipment to be maintained in at least the same condition as when it was delivered to Lessee (except for ordinary wear and tear). Lessee will bear all maintenance and repair costs including breakage, unusual or severe wear and tear, and excess cleaning or repairs.
7. LOSS AND DAMAGE
Except to the extent a "Loss and Damage Waiver" applies under Section 12, Lessee is solely responsible for all loss or damage to the Equipment from any cause whatsoever while on rental or in Lessee's care, custody or control, whether or not due to fault of Lessee, including without limitation loss or damage arising out of Lessee's negligence, fire, flood, theft, comprehensive loss, collision, upset and acts of God. Lessee shall immediately notify Lessor of any damage, accident or failure of the Equipment.
8. LIMITATION OF LESSOR'S LIABILITY
Lessor will not be liable for any loss, delay or damage of any kind or character resulting from breakage or defects in, or inefficiency of, the Equipment. THE EQUIPMENT IS LEASED "AS IS" AND LESSOR HAS NOT MADE, AND HEREBY DISCLAIMS LIABILITY FOR, AND LESSEE WAIVES ALL RIGHTS AGAINST LESSOR RELATING TO, ANY AND ALL WARRANTIES, REPRESENTATIONS OR OTHER OBLIGATIONS OF ANY KIND WITH RESPECT TO THE EQUIPMENT, EITHER EXPRESS OR IMPLIED, INCLUDING (1) MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, (2) COURSE OF DEALING OR USAGE OR TRADE, OR (3) COMPLIANCE WITH LAW, TITLE, OR FREEDOM FROM LIENS, TRADEMARK OR PATENT INFRINGEMENT, AND LATENT DEFECTS.
9. LAWS AND TAXES
Lessee shall comply with all laws relating to the use and possession of the Equipment and will pay all costs, expenses, assessments, taxes or public charges levied upon the Equipment while in Lessee's possession.
10. INDEMNITY
Lessee shall defend, indemnify and hold harmless Lessor, its affiliates, agents, employees, officers, managers, members, successors and assigns, from and against any and all claims, lawsuits, litigation, arbitrations, mediations, damages, losses, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys' fees and disbursements) ("Claims") of any kind arising out of or relating to the Equipment including but not limited to the use, operation, transportation, possession or storage thereof, whether or not claimed to be due to carelessness, negligence or improper conduct by Lessor or its employees, agents, licensees or visitors, by Lessee or its employees, agents, licensees or visitors, or by any other parties or entities, and irrespective of whether such Claims result in a determination of liability. This provision will be enforceable to the fullest extent permitted by law and to the extent that any portion is declared unenforceable or invalid, it is intended that all remaining provisions be given full force and effect. Lessee will be liable for all reasonable attorney fees, costs and expenses incurred in enforcing this paragraph 10.
11. INSURANCE
Lessee will, at its sole expense, obtain and maintain (a) all-risk insurance against loss or damage to the Equipment in an amount at least equal to the replacement value of the Equipment, and (b) bodily injury and property damage liability insurance for an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. All such insurance must (a) be written by insurers that carry a rating by A.M. Best Company of at least "A" for a general policy holder and a financial rating of at least "VIII" (or otherwise reasonably satisfactory to Lessor), (b) be in such form as is reasonably acceptable to Lessor, (c) provide that Lessor will receive at least 30 days' notice of any material change in, or cancellation of, such policy, (d) name Lessor, and its officers, agents and employees, as additional insureds for Ongoing Operations and Products/Completed Operations on the Lessee's Commercial General Liability Policy and Excess or Umbrella Policy, all of which must be primary and noncontributory with respect to these additional insureds, and (e) contain a waiver of subrogation endorsement providing that the insurance company and its underwriters shall have no right of subrogation against Lessor or its insurers or underwriters. Lessee will provide Lessor with a certificate of insurance reflecting the foregoing coverages.
12. LOSS AND DAMAGE WAIVER
Notwithstanding paragraph 11, if Lessee is unable to provide the required loss and damage insurance, then at Lessor's option Lessee will be charged a "Loss and Damage Waiver" (LDW) charge at the rate specified in this Agreement. Conditioned upon receipt of such LDW charges, Lessee's responsibility for loss or damage to any item of Equipment will be limited to the four (4) week rental fee for such item; provided however that Lessee will be liable for ALL loss and damage to any item of Equipment that is used or operated without Lessor's permission or in violation of this Agreement, including without limitation in any manner that: (i) constitutes improper loading or loading in excess of the rated capacity of the Equipment, (ii) is inconsistent with the manufacturer's instructions or operating manual, (iii) is reckless, careless or abusive to the Equipment, (iv) results in or causes the striking of any overhead object, or (v) exposes the Equipment to an environment that is harsh, extreme, dangerous, corrosive or otherwise exposes the Equipment to an unusually high risk of damage or excessive wear and tear. Such LDW charges will in no way limit or affect Lessee's obligation to provide liability insurance under paragraph 11.
13. TITLE
All Equipment remains the property of Lessor and must not become affixed to or part of any building or real estate. Lessee will acquire no interest in the Equipment other than a leasehold interest. Lessee will maintain the Equipment free from all liens and encumbrances whatsoever, will immediately notify Lessor of any levy or claim upon the Equipment by any third party, and will indemnify Lessor from any act of seizure. This Agreement constitutes a "true lease" under Article 2A of the Uniform Commercial Code (UCC); provided that Lessor may file or record this Agreement or a UCC financing statement (with or without the Lessee's signature) so as to notify third parties of its interest in the Equipment, and no such filing or recording will be deemed evidence of any intent to create a security interest under the UCC. Lessee will execute and deliver to Lessor, upon Lessor's request, such instruments and assurances as Lessor deems necessary for the confirmation or perfection of Lessor's rights under this Agreement.
14. LOCATION; INSPECTION
The Equipment will be delivered to the location(s) specified in this Agreement and may not be removed from such location(s) without the prior written consent of Lessor. Lessor will have the right to enter any job or location for purpose inspection and to remove the Equipment without notice if, in Lessor's judgment, it is being abused, overloaded or neglected.
15. DEFAULT
Should Lessee violate any provision of this Agreement, all rent owing hereunder will become immediately due and payable, and Lessor or its representatives may, without notice, enter the premises, take possession and remove the Equipment with or without process of law and without being a trespasser. In such event, Lessee agrees to pay all costs of removal, demurrage, storage, labor, transportation and other expenses, including reasonable attorney fees incurred in returning the Equipment to Lessor.
16. ASSIGNMENT
Lessee agrees not to assign, transfer, sublet, pledge or encumber any of its rights under this Agreement, or the Agreement itself, without the prior written consent of Lessor.
17. AMENDMENT; WAIVER
No amendment of any provision of this Agreement will be effective unless such amendment expressly references this Agreement and is executed in writing by Lessor and Lessee. No waiver of any provision of this Agreement will be effective unless set forth in writing and executed by the waiving party.
18. ARBITRATION
Any claim, dispute, or other disagreement arising out of or relating to this Agreement or its termination, breach or invalidity which is not in excess of $50,000 will, at Lessor's option, be referred to and settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in force at such time. Notwithstanding the foregoing, in no event will any claim for personal injury arising out of or relating to this Agreement be subject to the arbitration provisions contained in this paragraph 18.
19. LEGAL EXPENSES
If any legal action is commenced by Lessor related to Lessee's breach of these Terms and Conditions of Rental, including Lessee's failure to pay equipment rental charges or any other invoiced charges, then in the event Lessor prevails in such legal action, Lessee shall pay, and Lessor shall be entitled to recover, all of Lessor's costs and expenses associated therewith, including without limitation all attorneys' fees and related expenses.
20. APPLICABLE LAW
The provisions of this Agreement will be governed by and construed in accordance with the laws of the State of Indiana, without reference to its conflict of laws principles.
21. THIS AGREEMENT CONTROLS
In the event of any conflict or inconsistency between these Terms and Conditions of Rental and any other terms and conditions proposed by Lessee or contained in any purchase order or other instrument or agreement between Lessor and Lessee related to this Agreement or the Equipment, these Terms and Conditions of Rental shall control.
22. GPS TRACKING AND TELEMATICS
Lessee acknowledges and agrees that certain Equipment is equipped with GPS and/or telematics devices that collect and transmit to Lessor information including the Equipment's location, movement, engine and usage hours, operating status, and related diagnostic data. Lessor may use this information for purposes including fleet management, usage and billing verification, maintenance, theft prevention, and recovery of the Equipment. Lessee consents to such collection and transmission for the duration of this Agreement, agrees not to remove, disable, tamper with or obstruct any such device, and agrees to return the Equipment with such device intact and functioning.
See also the Loss & Damage Waiver and our Privacy Policy.
Questions? Call (317) 868-4993.