May 2024
THIS AGREEMENT IS FOR THE RENTAL OF ALL EQUIPMENT, VEHICLES, AND/OR ITEMS SHOWN ON YOUR RENTAL CONTRACT, INCLUDING ALL PARTS OF AND ACCESSORIES TO SUCH (“EQUIPMENT”). BY ACCEPTING THE EQUIPMENT, CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
Sunstate Equipment Co., LLC (“Sunstate”) hereby rents the Equipment to Customer for the period commencing when the Equipment leaves Sunstate’s premises and ending upon its return to Sunstate’s premises or, if the Equipment is to be delivered to Customer by Sunstate, commencing when the Equipment is delivered to Customer, and ending when the Equipment is picked up by Sunstate, subject to a charge for minimum rental period. Sunstate may terminate the rental at any time by written notice to the Customer and/or by retaking the Equipment. While in Customer’s possession, no rental allowance will be made for Sundays, holidays, or time in transit, nor for any period the Equipment is not actually in use or subject to repair.
Any disputed invoices must be brought to the attention of Sunstate within fifteen (15) days of receipt of the invoices, or the invoices/contracts are deemed correct and undisputed. At Sunstate’s discretion, any account with a delinquent balance may be placed on a Hold basis, deposits may be required and / or the rental equipment picked up without notice. Customer agrees that if Sunstate refers this Agreement to an agency or attorney for enforcement, Customer will pay Sunstate’s reasonable agencies and attorney’s fees and costs, including lien preparation costs, incurred for the enforcement hereof, whether or not a lawsuit is filed.
Customer authorizes Sunstate to make whatever credit inquiries it deems necessary in connection with this Agreement. Bank and trade reference(s) can accept this authorization to disclose to Sunstate and/or their respective designees (and any assignee or potential assignee thereof), Customer information normally released to a prospective creditor including the length of time account has been active, average monthly balances, payment trends, and details of any lending relationship. Customer represents and warrants that customer is not a “Consumer” as defined in the Federal Consumer Credit Protection Act, or any acts thereunder, and they waive any rights granted to them under those acts, their successors, or under other Federal or State Laws pertaining to “Consumer’” rights. Customer further represents and warrants that all rentals or purchases made or any credit extended hereunder will be used solely for business and commercial purposes. The individual who is either a principal of the credit applicant or a sole proprietorship of the credit applicant, recognizing that his or her individual credit history may be a factor in the evaluation of the credit history of the applicant, hereby consents to and authorizes the use of a consumer credit report on the applicant by Sunstate, from time to time as may be needed, in the credit evaluation process.
Terms: NET 30 Upon issuance of Invoice (Invoice Date). Service charges will be charged on past due amounts at the lesser of 1.5% per month or the maximum rate permitted by law.
By accepting delivery, Customer acknowledges that the Equipment is in good working and secure condition, including all devices and materials needed to use the Equipment. Customer shall not abuse, harm, or improperly operate the Equipment, and shall possess and operate it in conformance with all applicable laws, standards, and regulations. Customer shall be solely responsible for the operation of the Equipment, and allow only licensed, trained, and experienced operators to operate the Equipment in accordance with all Equipment specifications and customary safety practices. Customer shall not allow anyone other than Customer’s qualified employees to operate the Equipment without Sunstate’s express written authorization.
Customer acknowledges that repair and replacement of the Equipment is not included in the rental rate and agrees to pay for the repair (including labor) or the full replacement cost of any Equipment returned to Sunstate in a damaged condition, regardless of the cause of damage, reasonable wear and tear excepted.
Customer shall return all of the Equipment to Sunstate’s premises during Sunstate’s regular business hours, in the same condition and repair as when delivered to Customer, subject only to reasonable wear and tear. Customer shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Sunstate’s regular business hours. If Sunstate has agreed to deliver the Equipment to Customer or to pick up the Equipment from Customer, Customer shall be responsible for all loss or damage to the Equipment or any third party from time of delivery to Customer and until picked up by Sunstate. The Equipment is considered to be in the possession and responsibility of Customer until Sunstate regains physical possession.
Customer represents and warrants that it shall return all Equipment, including any and all attachments, tools, and machinery rented from Sunstate free of all regulated substances including, but not limited to, hazardous substances, hazardous materials, hazardous wastes, toxic substances, or pesticides, as those terms are defined in applicable federal, state, and local environmental laws, regulations, rules, and necessary or required permits. Customer shall indemnify and hold Sunstate harmless from and against any and all liabilities, imposed on, incurred by, or served against Sunstate in anyway relating to Customer’s breach of the above warranty.
Customer is responsible for all damage, worn condition, in excess of normal or reasonable wear and tear, loss, or theft of Equipment up to the fair market value or cost of repair and rental on the Equipment at the regular rental rate until repairs are completed. Sunstate should be under no obligation to commence repair work until Customer has paid therefor.
SUNSTATE MAKES NO WARRANTIES, EXPRESS ORIMPLIED, AS TO THE EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Customer’s sole remedy for any failure of or defect in the Equipment shall be the termination of the rental charges at the time of failure, provided Sunstate is notified immediately and the Equipment is returned to Sunstate within 24 hours or Sunstate is requested to perform the return. SUNSTATE SHALL NOT BE RESPONSIBLE FOR ANY LOSS,DAMAGE, OR INJURY TO CUSTOMER, CUSTOMER’S EMPLOYEES, CUSTOMER’S SUBCONTRACTOR’S, AND CUSTOMER’S PROPERTY, INCLUDING LOST PROFITS, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, IN ANY WAY CONNECTED WITH THE OPERATION OF, USE OF, DEFECT IN, OR FAILURE OF EQUIPMENT.
Sunstate does not provide, extend, or afford any insurance coverage to the Customer or authorized operator(s).
CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS SUNSTATE AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS,EMPLOYEES, SHAREHOLDERS, AND AFFILIATES (“SUNSTATE GROUP”) FROM ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, AND EXPENSES OF EVERY KIND AND NATURE, INCLUDING LEGAL COSTS, FOR SICKNESS, INJURY TO, OR DEATH OF, AND TO LOSS OF OR DAMAGE TO REAL OR PERSONAL PROPERTY OF, ANY EMPLOYEE, CONTRACTOR, SUBCONTRACTOR,SUPPLIER, REPRESENTATIVE, AGENT, OFFICER, DIRECTOR, MEMBER, SHAREHOLDER, OR GUEST OF CUSTOMER OR ITS AFFILIATES (“CUSTOMER GROUP”) OR ANY THIRD PARTY ARISING OUT OF CUSTOMER GROUP’S POSSESSION, OPERATION, USE, MAINTENANCE, OR RETURN OF THE EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS INDEMNITY SHALL BE WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE(S) THEREOF, INCLUDING WITHOUT LIMITATION, THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, COMPARATIVE, CONTRIBUTORY, ACTIVE, OR PASSIVE), STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, VIOLATION OF STATUTE, OR OTHER FAULT OF SUNSTATE GROUP, AND WHETHER OR NOT CAUSED BY A PRE-EXISTING OR DEFECTIVE CONDITION OF SUNSTATE’S EQUIPMENT. Customer shall notify Sunstate immediately if the Equipment is involved in, or a part of, an accident, and shall furnish Sunstate with a complete report of any accident involving Equipment including names and addresses of all persons involved and all witnesses. Customer is responsible for all damage, injuries or loss arising from any accident or act of any and every nature whatsoever, relating to the possession or use of the rented Equipment, including, but not limited to, any damage caused by the failure of any device or material used in hitching the Equipment to a towing vehicle, regardless of who furnished and regardless of who hitched the Equipment. In the event any covenant in this Section 9 is deemed to be unreasonable, arbitrary, unenforceable, or against public policy, such covenant will be considered to be divisible with respect to the scope of Customer’s indemnification obligations, and such lesser scope, as a court of competent jurisdiction may determine, will be effective, binding, and enforceable.
CUSTOMER RELEASES AND DISCHARGES SUNSTATE FROM ANY AND ALL LIABILITY OR DAMAGES(INCLUDING CONSEQUENTIAL AND SPECIAL DAMAGES) WHICH MIGHT BE CAUSED BY SUNSTATE’S FAILURE OR INABILITY TO DELIVER ANY EQUIPMENT BY ANY SPECIFIED DATE OR TIME TO INCLUDE LOADING AND UNLOADING OF EQUIPMENT.
This Damage Waiver IS NOT INSURANCE. Provided Customer accepts and pays the appropriate Damage Waiver fee, and takes reasonable precautions to protect the Equipment, Customer can limit Customer’s responsibility to Sunstate for physical damage to or theft of the Equipment during the rental period.
Under this Damage Waiver, Customer’s liability to Sunstate is limited as follows:
$250 for accidental damage to each piece of Equipment with a fair market value of less than $5,000.
$1,000 or 20% of the repair cost of each piece of Equipment, whichever is higher, for accidental damage to each piece of Equipment, with a fair market value of $5,000 or greater.
$1,000 or 20% of the fair market value of each piece of Equipment, whichever is higher, for damage to any piece of Equipment as a result of vandalism or malicious mischief.
Customer agrees and acknowledges that this Damage Waiver is inapplicable to the following risks, which Customer specifically assumes:
Loss or damage from improper use, abuse, negligence, or other failure to properly operate the Equipment.
Loss or damage resulting from overloading or exceeding the rated capacity of the Equipment.
Loss due to disappearance or shortage disclosed on inventory.
Loss or damage by conversion of Customer, his employees, or persons to whom the Equipment is entrusted.
Use of the Equipment in violation of any of these terms of this Agreement.
Failure to file a police report within 48 hours.
Loss or damage due to theft, burglary, intentional damage, or mysterious disappearance.
Customer will be charged the Damage Waiver fee upfront unless Customer provides evidence of insurance satisfactory to Sunstate for physical damage to and/or loss of rented Equipment, in an amount sufficient to cover the fair market value of each item of rented Equipment, with the per-item limit specified, and naming Sunstate as loss payee. Customer shall provide a certificate of insurance to Sunstate evidencing this insurance coverage, and the insurance coverages set forth in Section 12, below, and specifying that insurance coverage will not be canceled without 30 days’ prior written notice to Sunstate.
Finally, this Damage Waiver does not cover liability losses such as General Liability and Auto Liability. It is the Customer’s responsibility to obtain and/or maintain insurance covering all operations and contractual obligations as set forth in Section 12. below.
General Liability: Customer shall maintain Commercial General Liability insurance covering all operations and contractual obligations (including the indemnity obligation set forth in Section 11 with minimum limits of $1,000,000 per occurrence $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate and shall name Sunstate Group as additional insureds thereon with a waiver of subrogation.
Customer agrees to obtain, maintain, and pay for such worker’s compensation and employer’s liability as required by law. Employer shall have a liability limit of at least $1,000,000 Policy Limit Accident/$ 1,000,000 Policy Limit Disease/$ 1,000,000 each Employee Disease. The policy must provide a waiver of subrogation provision for Sunstate Group. Customer’s insurance shall be primary insurance as to any insurance carried by any member of Sunstate Group. Customer shall provide coverage for Sunstate for any losses, claims, accidents, or occurrences arising out of Customer’s use of the equipment, including for claims of negligence or other wrongdoing on behalf of Sunstate. The parties to this Agreement agree that this is not a construction contract.
Customer shall maintain Commercial Automobile Liability Insurance with limits of at least $1,000,000 per occurrence and shall include coverage for any auto and/or all owned, scheduled, hired and non-owned vehicle to include trailers to cover liability and physical damage with coverage for the full replacement value of the vehicle being rented when renting a licensed, registered (over the road) vehicle. Customer’s insurance shall be primary and shall include a waiver of subrogation against Sunstate Group and list Sunstate Equipment as additional insured.
Subcontractor: Any subcontractor hired by Customer will be required to comply with these insurance requirements.
All policies required herein shall be written by insurance companies with a rating of A.M. Bests of at least “A-“ and a financial size category of at least VII.
Customer’s policy shall also contain a cross liability/severability of interests provision assuring that the acts of one insured do not affect the applicability of coverage to another insured.
No item of rented Equipment shall be sublet, assigned, re-rented, loaned, or removed from the location at which Customer represented it was intended to be used, or removed from the State of Sunstate’s premises from where the Equipment was rented, except by written consent of Sunstate. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors, and assigns.
If the Equipment is not returned at the termination of the rental or for any reason it becomes necessary for Sunstate to retake the Equipment to protect the Equipment or Sunstate from loss or damage, Sunstate and its agents may enter Customer’s property and retake the Equipment, without notice and legal process, and Customer waives all rights to a prior judicial hearing. Sunstate and its agents may take all action reasonably necessary to retake the Equipment and Customer waives for himself, agents, and employees all claims for damages and losses, physical and pecuniary, caused by Sunstate retaking the Equipment. Customer agrees to pay all costs and expenses incurred by Sunstate in retaking the Equipment.
As Sunstate has no control over the use of the Equipment by Customer, Customer agrees at its sole expense to comply with all laws and regulations, including Occupational Safety and Health Administration Act of 1970 (OSHA) and all other Federal, State and Local laws, regulations, and ordinances, which may affect the Equipment, or the operation thereof, while it is in the possession of Customer. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD SUNSTATE GROUP HARMLESS FROM ANY LIABILITY OREXPENSE, INCLUDING ATTORNEY FEES, RESULTING FROM ANY ACTUAL OR ASSERTED VIOLATIONS OF SUCH LAWS, REGULATIONS AND ORDINANCES.
Customer agrees at its sole expense to comply with all laws and regulations, including OSHA regulations (29 CFR 1926), and all other federal, state, and local laws, regulations, and ordinances which may affect the Equipment at all times. It is Customer’s sole responsibility to ensure compliance for any employees, subcontractors, suppliers and/or delivery entities that may enter the project site or use Equipment that is under Customer’s control. Sunstate reserves the right to request and receive any OSHA-related training and/or recordkeeping document that the Customer (to include any and all subcontractors, suppliers and/or delivery entities) is responsible for maintaining. Customer must immediately notify Sunstate of any unsafe act and immediately take the necessary actions to resolve the situation. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SUNSTATE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES OF WHATSOEVER KIND AND NATURE, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO ANY ACTUAL OR ASSERTED VIOLATIONS OF SUCH LAWS, REGULATIONS AND ORDINANCES. To ensure compliance with Federal OSHA regulations and to see requirements, visit the OSHA website at www.OSHA.gov.
Customer shall pay Sunstate’s reasonable legal fees, court costs and agency fees incurred in enforcing the terms and conditions hereof, as long as Sunstate prevails in such action. Customer agrees that this Agreement is to be construed under the laws of the State of Arizona, and that if legal action is brought to enforce this Agreement, Maricopa County, Arizona, shall be the jurisdiction and legal venue for said action, provided that Sunstate reserves and Customer agrees to Sunstate’s right to bring legal action in whatever jurisdiction from which the Equipment was rented, whose laws, at the option of Sunstate, shall govern this Agreement. CUSTOMER WAIVES THE RIGHT TO A JURY TRIAL OF ANY OR ALL CLAIMS OR DISPUTES WHICH MAY ARISE FROM THIS AGREEMENT.
If Sunstate agrees to assist the Customer with the installation of any Equipment or provide training as part of this Agreement, Customer hereby waives and releases any and all claims for damages against Sunstate arising out of or related to such activities. Customer expressly acknowledges that Sunstate has no obligation to and is not responsible to investigate the worksite conditions, perform any soil or other tests to determine the suitability of the soil conditions or for any other reason, or to make any calculations, analysis, or recommendations regarding the proper Equipment, shoring supports, and specifications to be used.
Customer shall reimburse Sunstate for any additional fees, charges, or taxes sought to be imposed against Sunstate by any municipal or local subdivision relating to the rental or use of the Equipment by Customer as provided herein. Additional fees, such as estimated personal property tax and environmental reimbursement fees may apply. These fees are subject to change at any time.
Any individual signing this Rental Agreement represents and warrants that they are of legal age and have the authority and power to sign this Agreement for the Customer.
This Agreement constitutes the full and entire agreement with respect to the subject matter thereof. It may not be amended except by a written agreement signed by both parties. Customer acknowledges that Customer has read, understands, and agrees to these Terms and Conditions and the Trench Safety Guideline Packet and WARNING SHEETS located underneath.
©2024 Sunstate Equipment Co., LLC
