THIS AGREEMENT IS FOR THE RENTAL OF ALL EQUIPMENT, VEHICLES, AND/OR ITEMS SHOWN ON THE OTHER SIDE THIS PAGE, INCLUDING ALL PARTS OF AND ACCESSORIES TO SUCH (“EQUIPMENT”).
1.
RENTAL
PERIOD AND ACCOUNTS
:
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, subject to charge
for minimum rental period. Sunstate may
terminate rental at any time by written notice to 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 of time the
Equipment is not actually in use.
Any
disputed invoices must be brought to the attention of Sunstate within fifteen
(15) days of the 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 agency’s and attorney’s
fees and costs, including lien preparations costs, incurred for the enforcement
hereof, whether or not a lawsuit is actually 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: 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 there under, 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.
2.
TERMS
:
NET 30 based on 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.
3.
EXCESS
USAGE CHARGE:
Rental rates are for normal and reasonable use of Equipment not
exceeding 8 hours per day, five days per week (one-shift basis).Excess usage rates are prorated:2 shifts charged at 1 1/2 times normal rate,
3 shifts charged at 2 times normal rate.
4.
RECEIPT
AND USE OF EQUIPMENT:
By accepting delivery, Customer acknowledges that he has received the
Equipment 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 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.
5.
FAILURE
OF EQUIPMENT:
In the event of any failure of the Equipment Customer shall immediately
notify Sunstate and/or return it to Sunstate’s premises at Customer’s
expense. Without Sunstate’s written
authorization, Customer shall not incur any expenses for Sunstate’s account for
the repair of the Equipment.
6.
TIRE
REPAIR OR REPLACEMENT:
Customer acknowledges that repair and replacement of tires are not
included in the rental rate and agrees to pay for the repair or replacement of
any tires returned to the Sunstate in a damaged condition, regardless of the
cause of the damage, reasonable wear and tear excepted.
7.
RETURN
OF EQUIPMENT:
At the termination of this agreement, Customer
shall return all of the Equipment to Sunstate’s premises during Sunstate’s
regular business hours, in the 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 from time of delivery to Customer and until picked up by
Sunstate.
8.
HAZARDOUS
MATERIALS:
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, and rules.
Customer shall indemnify and hold Sunstate harmless from and against any
and all liabilities, of whatsoever kind or nature, imposed on, incurred by, or
served against Sunstate in any way relating to Customer’s breach of the above
warranty.
9.
LOST
OR DAMAGED EQUIPMENT
:
Customer is responsible for any and all damage, loss, or theft of
equipment up to the fair market value of the Equipment or repair.If the Equipment is returned in a damaged or
excessively worn condition, Customer shall pay Sunstate the reasonable cost of
repair and pay rental on the Equipment at the regular rental rate until repairs
have been completed. Sunstate shall be
under no obligation to commence repair work until Customer has paid
therefore. Reasonable wear and tear
shall mean only the normal deterioration of the Equipment caused by ordinary
and reasonable use on a one-shift (eight hours per day, five days per week)
basis. The following shall not be deemed
reasonable wear and tear: damage
resulting from lack of lubrication or maintenance such as water and air
pressures, damage resulting from any collision, overturning, or improper
operation of the Equipment, including over-loading or exceeding the rated
capacity of the Equipment; damage in the nature of dents, bending, tearing,
staining, and misalignment to the Equipment or any part thereof; and wear
resulting from use in excess of a one-shift basis.
10.
DISCLAIMER OR WARRANTIES AND WAIVER OF DAMAGES
:
Sunstate makes no warranties, express or
implied, 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 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.
11.
BODILY
INJURY/PROPERTY DAMAGE RESPONSIBILITY TO THIRD PARTIES FROM RENTED VEHICLE
OPERATION:
Sunstate does not provide, extend or afford
any insurance coverage to Customer, authorized operator(s) or passengers.Customer assumes full responsibility for any
and all injuries or damage to others from the possession or use of the rented
vehicle. If there is other valid and
collectible automobile liability protection or insurance on any basis available
to Customer or any other person and such protection satisfies the financial
responsibility laws, then no liability protection is afforded by Sunstate.However, if Customer
is in
compliance with
the terms and conditions of this agreement, and if
Sunstate is determined by law to provide liability protection, such liability
protection shall be limited to the minimum financial responsibility limits of
the state in which the vehicle is operated.
Sunstate’s financial responsibility is expressly limited to those
applicable provisions of the motor vehicle financial responsible laws of the
state in which the vehicle is operated.
12.
INDEMNITY
AND HOLD HARMLESS
: Customer, its
officers, directors, members, managers, employees, shareholders and affiliates
shall indemnify and hold Sunstate, its officers, directors, members, managers,
employees, shareholders and affiliates harmless from any claims including third
parties, for loss, injury and damage to their persons and property arising out
of Customer’s possession, use, maintenance or return of Equipment, including
legal costs incurred in defense of such claims.
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 particularly any damage
caused by the failure of any device or material used in hitching the Equipment
to a towing vehicle, regardless of whom furnished and regardless of who shall
hitch the Equipment. In the event any
covenant in this Section 12 is deemed to be unreasonable, arbitrary, 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 juris-diction may determine to be reasonable, not
arbitrary, and not against public policy, will be effective, binding, and
enforceable against Customer.
13.
FAILURE
TO DELIVER:
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.
14.
CUSTOMER
PROTECTION PLAN
(“CPP”). The CPP IS NOT INSURANCE.Customers who purchase the CPP, however, can
limit their responsibility for damage or theft of the equipment during the
rental period. The CPP limits the Customers exposure to a $500 deductible per
item. Exclusions from protection under the CPP include:
A.
Tires and tire damage.
B.
Damage from abuse or misuse of equipment.
C.
Failure of Customer to use its best efforts to
secure and protect the equipment while it is on rent. Best efforts to secure
and protect include fences, locked storage containers or buildings, security
guards, tire boots, hitch locks, chains and padlocks, etc.
D.
Failure to file a police report within 48
hours for equipment thefts.
15. INSURANCE:Customer shall maintain Commercial General
Liability insurance covering all operations and contractual obligations with
minimum limits of $1,000,000 per occurrence and shall name Sunstate, its
officers, directors, members, managers, employees, shareholders, and affiliates
as additional insureds with a waiver of subrogation against Sunstate.Customer’s insurance shall be primary
insurance with respect to Sunstate.
Customer
shall maintain Commercial Automobile Liability Insurance with limits of at
least $1,000,000 per occurrence and shall include coverage for hired and
non-owned vehicle liability and physical damage when renting a licensed,
registered (over the road) vehicle.
Customer’s insurance shall be primary and shall include a waiver of
subrogation against Sunstate.
Customer
will be charged for the Customer Protection Plan unless Customer provides
evidence of insurance for rented Equipment, with the per item limit
specified, and naming Sunstate as loss payee. Customer shall provide a
certificate of insurance to Sunstate evidencing above insurance coverages and
specifying that coverage will not be cancelled without 30 days prior written
notice to Sunstate. Any insurance
maintained by Sunstate shall be excess of Customer’s insurance.
16.
SUBLETTING AND LOCATION:
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, 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.
17.
RETAKING
OF EQUIPMENT
: If the Equipment
is not returned at the termination of the rental or for any reason it becomes
necessary for the Sunstate to retake the Equipment to protect the Equipment or
Sunstate from loss or damage, Sunstate and its agents may go upon 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 retaking by the Sunstate.Customer agrees to pay all costs and expenses
incurred by Sunstate in retaking the Equipment.
18.
COMPLIANCE
WITH LAW AND SAFETY TREGULATIONS
:
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 indemnify
and hold Sunstate harmless from any liability or expense, including attorney
fees, resulting from any actual or asserted violations of such laws,
regulations and ordinances.
19.
LEGAL
FEES AND VENUE
: Customer shall
pay Sunstate’s reasonable legal fees and court costs incurred in enforcing the
terms and conditions hereof. 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, that
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.
20.
TAXES
AND FEES
: 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.
21.
AUTHORITY
TO SIGN
: 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.
22.
ENTIRE
AGREEMENT
: 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.
Revised 9/18
