By signing this document you certify that your have fully reviewed a copy of T&T Heavy Rentals, LLC rental agreement and agree to ALL of our
Terms and Conditions. You certify that you are an authorized signer for the card on file and/or for the company or individual listed above. You certify that all machines will be returned CLEAN and the tracks, cab and/or exterior free of debris. Machines returned uncleaned are subject to a $250.00 cleaning fee plus a shop rate of $150 per hour after the first hour of cleaning. In the event a track is thrown or knocked off any machine or any other service required due to customer error a shop rate of $150.00 per hour will be charged from the moment we leave the yard. No additional time will be offered due to the machine being inoperable. Fuel use will be charged at $8.00 per gallon. In addition you authorize all charges listed above as well as any additional charges incurred pertaining to the rental listed above. See rental agreement section 22. about cancelations and refunds. CANCELLATIONS ON THE DAY OF THE SCHEDULED PICK UP/DELIVERY WILL NOT RECEIVE A REFUND OR A CREDIT.
1. DEFINITIONS. " Rental identified on the first page of this Rental Contract from whom the Customer has rented the Equipment. "Equipment means any one or more of the items identified as such on the first page of this Rental Contract, and shall include any accessories. attachments or other similar items delivered to Customer. such as water hoses, electric cords, blades. liquid fuel tanks, and nozzles. "Customer" means the person or entity identified as such on the first page of this Rental Contract, including any representative, agent, officer or employee of Customer. "Store Location" means the T&T Heavy Rentals LLC address in the upper left-hand corner on the first page of (his Rental Contract. "Rental Period' means the period of time between the “ Date” " and when the customer informs T & T to take the machine off of rent.
2. AUTHORITY TO SIGN. Any individual signing this Rental Contract represents and warrants that he or she is of legal age, and has the
authority and power to sign this Rental Contract on their own behalf of or for the Customer
3. DISCLAIMER OF WARRANTIES. T&T Heavy Rentals LLC makes no warranties, express or implied, as to the merchantability of the equipment or its fitness for any particular purpose. There is no warranty that it is suited for customer’s intended use, or that it is free with from this defects. Except as may be specifically set forth in this rental contract T&T Heavy Rentals LLC disclaims all warranties either express or implied made in connection with this contract
4.CUSTOMER AGREES TO INDEMNIFY T&T HEAVY RENTALS LLC. As T&T Heavy Rentals LLC has no control over the use of equipment by customer, customer agrees to indemnify and hold T&T Heavy Rentals LLC harmless from any claims. regardless of whether such claims or actions are founded in whole or part upon any negligent act or omission of T&T Heavy Rentals LLC, or any person, party or parties, for loss, injury, and damage to person or property arising out of the customer's possession, use, maintenance or return of equipment, including legal costs incurred in defense or otherwise, including legal costs in defense of such claims. releases, as and indemnity renounces provisional all claims, also rights, applies and to remedies any claim against T&T Heavy Rentals LLC. This indemnity provision also applies to any claim against T&T Heavy Rentals LLC based upon strict or product liability arising out causes of action. Further. with customer waives, releases and renounces all claims, rights and remedies against T&T Heavy Rentals LLC in court, contract or otherwise the use. operation, possession, assembly, disassembly. maintenance of the equipment, for any claims for personal Injury, death, loss of use, revenue, or profit from the equipment, any claims of contribution or indemnity against T&T Heavy Rentals LLC or any other direct, indirect, incidental, or consequential damages. This includes any claim or cause of action based in whole or in pan upon T&T Heavy Rentals LLC's own negligence or strict or product liability causes of action.
5. RECEIPT & INSPECTION OF EQUIPMENT. Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Customer's needs. Customer is familiar with the proper operation and use of each item or Equipment. Customer agrees to review a video demonstration of the use of the equipment. Customer further agrees to note any issues on the delivery receipt or rental agreement prior to signing acceptance of Equipment. Customer's use Of the Equipment and or receipt of
this invoice acknowledges Customers' acceptance of the Equipment and agreement to the Terms and Conditions of this Rental Agreement. Customer has inspected or will inspect all hitches, bolts, safety chains, hauling tongues and other devices and materials used to connect the Equipment to Customers towing vehicle, if any. T&T Heavy Rentals LLC is not responsible for any damage to Customer's towing vehicle caused by detachable hitches or minors.
6. USE OF EQUIPMENT. Customer will not use or allow anyone to use the Equipment: (a) for an illegal purpose or in an illegal manner; (b) without a license, if required under any applicable law, or (c) who is not qualified to operate it. Customer agrees, at Customer-s sole expense and prior to rental, to contact and comply with all applicable municipal, state. and federal laws, local ordinances and regulations (including O.S.II.A. and Dig Safely New York) which may apply to the use of the Equipment. Customer can contact Dig Safely New York by calling 1-800-962-7962. Customer agrees to check the filters. fuel. oil. fluid levels. tire air pressure••. to grease all grease points, to clean and visually inspect the Equipment daily and to immediately notify T&T Heavy Rentals LLC when Equipment needs repair or maintenance. Customer acknowledges and understands that the expense(s) of fuel, grease, oil. and fluids which are used, consumed, and or otherwise depleted during the rental period is the Customer sole responsibility. Customer agrees to contact T&T Heavy Rentals LLC regarding oil and fluid specifications prior to replacement. Customer acknowledges that T&T Heavy Rentals LLC has no responsibility to inspect the Equipment while it is in Customer's possession. T&T Heavy Rentals LLC shall have the right to inspect and or replace the Equipment with other similar equipment at any time and for any reason. MALFUNCTIONING EQUIPMENT. Should the Equipment become unsafe, malfunction or require repair, Customer shall immediately DISCONTINUE using the Equipment and immediately notify T&T Heavy Rentals LLC of such condition is the result of non- operation, T&T Heavy Rentals LLC will repair or replace the Equipment with similar Equipment in working order, if such replacement Equipment is available. T&T Heavy Rentals LLC has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect. Customer's sole remedy tor any failure or detect in Equipment shall be the termination or any rental charges accruing after the time of failure. Customer must return the Equipment to the Store Location within 24 hours from the time of detect in order to terminate rental charges.
7. RETURN OF EQUIPMENT. DAMAGED & LOST EQUIPMENT. At the expiration of the Rental Period, Customer "ill return the Equipment to the Store Location during T&T Heavy Rentals LLC regular business hours, such Equipment to be in the condition and repair as when delivered to Customer, subject to reasonable wear and tear. as defined below. If an after- hours return of Equipment is necessary: Customer must contact T&T Heavy Rentals LLC for instructions. Customer shall be liable for all damages to and loss of the equipment from the time the Equipment leaves the Store Location until the Equipment is returned to the Store Location, including any damage during transit to and from Customer. In case of the loss or destruction of any equipment, or inability or failure to return the same to T&T Heavy Rentals LLC for any reason whatsoever. Customer will pay
T&T Heavy Rentals LLC the then full replacement list value together with the full rental rate as specified until such Equipment is replaced. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay T&T Heavy Rentals LLC the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. T&T Heavy Rentals LLC shall beunder no obligation to commence repair work until Customer has paid to T&T Heavy Rentals LLC the estimated cost therefore.
8. REASONABLE WEAR AND TEAR. Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift (8 hours per day, 40 hours per week) basis. The following shall not be deemed reasonable wear and tear: (a) damage resulting from lack of lubrication or maintenance of necessary oil, water and air pressure levels; (b) damage resulting from any collision. overusing. or improper operation, including overloading or exceeding the rated capacity of the Equipment; (e) damage in the nature of dents, scratching, bending, tearing, staining, and misalignment to or of the Equipment or any part thereof: (d) wear resulting from the use in excess of shifts for which rented: and (e) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry. Repairs to the Equipment shall be made to the reasonable satisfaction of T&T Heavy Rentals LLC and in a manner which will not adversely affect the operation, Manufacturer’s design or value of the Equipment.
9. RENTAL PERIOD & CALCULATIONS OF CHARGES. Rental charges commence when the Equipment leaves the Store Location and end when the Equipment is returned to the Store Location. Rental charges accrue during Saturdays. Sundays and Holidays. Rental rates are for normal usage based on an 8 hour day. 40 per week. and 160 hours per month. On power equipment, operations in excess of one shift will be at T&T Heavy Rentals LLC 's standard premium rental rates. Customer Will truthfully and accurately certify to T&T Heavy Rentals LLC the number of shifts the Equipment was operated. Customer 's right to possess the Equipment terminates on the expiration of the Rental Period and retention or'
possession after this time is a material breach of this Rental Contract.TIME IS OF THE ESSENCE.
10. SECURITY I DEPOSIT. T&T Heavy Rentals LLC, at its sole discretion, may require Customer to put on file a copy Of a current Driver's License and valid Credit Card. and complete performance of each and all of the terms, covenants, and agreements to be performed by Customer hereunder and in the event of any breach by the Customer. The deposit will be credited against any damages, cost or expense incurred by T&T Heavy Rentals LLC as the result of the breach.
11. PAYMENT. All amounts due hereunder shall be payable at the beginning of the Rental Period, pick-up of the Equipment at T&T Heavy Rentals LLC, or according to the terms on T&T Heavy Rentals LLC's invoice to Customer. whichever comes first. Customer acknowledges that timely payment of rental charges is essential to T&T Heavy Rentals LLC's business operations and It would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and T&T Heavy Rentals LLC agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of I per month ( per annum) on any such past due amounts. or the maximum amount allowed by applicable law. Customer agrees and hereby authorizes T&T Heavy Rentals LLC to charge any amount due T&T Heavy Rentals LLC against any credit card used in connection with the rental or credit card put on file. for any outstanding balance due T&T Heavy Rentals LLC.
12. FAILURE TO DELIVER. Customer releases and discharges T&T Heavy Rentals LLC from any and all liability or damages (including consequential and special damages) which might be caused by T&T Heavy Rentals LLC's failure or inability to deliver any Equipment by any specified date or time.
13. LIENS / NO PURCHASE OPTION I NO LIENS. This Rental Contract is not a contract of sale, and title to the Equipment shall at all times remain with T&T Heavy Rentals LLC. Unless covered by a specific supplemental agreement signed by T&T Heavy Rentals LLC. the Customer has no option or right to purchase the equipment. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.
14. TIRE. REPAIR OR REPLACEMENT. Repair or replacement of tires, tubes. and stems is the responsibility of the Customer and is not included in the rental rate. T&T Heavy Rentals LLC retains the right to determine whether tires are repaired or replaced and final acceptance of repair or replacement work by customer or by an approved supplier for T&T Heavy Rentals LLC.
15. DEFAULT. Customer shall be deemed to be in default should Customer in any way fail to pay any amount when due hereunder, or to perform, observe or keep any provision of this Rental Contract. or should the Customer become "insolvent" (as defined herein), or should T&T Heavy
Rentals LLC anticipate the Customer may become insolvent or that Customer may become in default. If Customer IS In default, T&T Heavy Rentals LLC may do any one or more of the following; (a) terminate the Rental Period; (b) declare the entire amounts due hereunder immediately due and payable and commence legal action therefore. (c) cause T&T Heavy Rentals LLCs employees or agents, "without notice or legal process, to enter upon Customer's property to take all action necessary to retake and repossess the Equipment, in which event Customer waives all claims for damages and losses. physical and pecuniary. caused thereby and shall pay all costs and expenses incurred by T&T Heavy Rentals LLC in retaking
and repossessing: or (d) pursue any other remedies available by law. The Customer shall be considered "insolvent" if the Customer (i) shall generally not pay, or shall be unable to pay) or shall admit its inability or anticipated inability to pay its debts as such debts become due; or (ii) shall make an assignment for the benefit of creditors, or petition or apply to any tribunal Ibr the appointment of a custodian. receiver. or trustee for it or a substantial part of its assets; or (iii) shall commence any proceeding under any bankruptcy. reorganization, arrangement. readjustment of debts, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; or (iv) shall have had any such petition or application filed or such proceeding commenced against it in which an order for relief is entered or an adjustment or application is made; or (v) shall take any action indicating its consent to, approval of, or acquiescence in any such petition, application. proceeding. or order relief • or the appointment of a custodian. receiver, or trustee for all or any substantial part of its properties. Further. Customer agrees and hereby authorizes T&T Heavy Rentals LLC to charge any amount due T&T Heavy Rentals LLC against any credit card used in connection with the rental or credit card put on file.
16. CUSTOMER'S INSURANCE COVERAGE. Customer agrees to maintain and curry, at its sole cost. adequate liability, physical damage, public
liability, property damage and casualty insurance for the full replacement cost of the equipment. Coverage endorsement, to cover any damage or
liability arising from the handling. transportation, maintenance, operation, possession or use of the Equipment during the entire Rental Period. When requested, Customer shall supply to T&T Heavy Rentals LLC proof or such insurance by Certificate of Insurance clearly setting forth the
coverage for the Equipment and naming T&T Heavy Rentals LLC as loss payee and additional insured and shall waive rights or recovery and subrogation against T & T Equipment Rental, LLC or T&T Heavy Rentals LLC; such insurance and evidence thereof to be in amounts and form satisfactory to T&T Heavy Rentals LLC. The Certificate of Insurance and policy shall provide that T&T Heavy Rentals LLC Shall receive not less than 30 days' notice prior to any cancellation of the insurance required hereunder. Failure by customer to maintain and or carry such coverage does and "ill not exonerate customer from any and all liabilities as stated in paragraph 6, 7, 8, 9. 12, 15, 16 and 17.
17. DAMAGES THE FOREGOING, CUSTOMER SHALL REMAIN FULLY LIABLE FOR ALL LOSS OF AND DAMAGE TO EQUIPMENT RESULTING FROM: Mysterious disappearance
• Neglect. misuse. wrong application. or abuse of the Equipment Sinking of the Equipment into mud or water Submersion of the Equipment in mud or water above the tracks (in case of track machines) or above the tires (in (he case of tire machines) Use of Equipment In demolition activities
• Tire Damage: Glass Breakage: Hydraulic Hoses All loss associated with vandalism. malicious mischief. theft or conversion of the Equipment. not documented by the Customer's prompt filing with the applicable public authorities with an immediate copy for T&T Heavy Rentals LLC) of a formal written theft. vandalism or conversion report
All loss of or damage to the Equipment resulting from any exposure to radioactive. contaminated or other hazardous materials Use or operation of the Equipment by a person other than an Authorized Operator as defined by T&T Heavy Rentals LLC operator is found to have operated Equipment while under the influence Use or operation of the Equipment in violation of any law or ordinance Any other of Customer to comply with the terms and conditions of this Lease The "[)W". it's elected by the Customer. does not apply in any way to damage to persons) or property other than the equipment specifically set forth in this section. T&T Heavy Rentals LLC. Customer acknowledges that it does not provide liability insurance.
CUSTOMER IS RESPONSIBLE FOR PROVIDING ITS OWN COMPREHENSIVE GENERAL LIABILITY COVERAGE AS SET FORTH IN PARAGRAPH 17.
18. NO ASSIGNMENT. LENDING OR SUBLETTING. Customer agrees to and shall not sublease, subrent. assign. or loan the Equipment without first obtaining the written consent of T&T Heavy Rentals LLC. and any such action by Customer, without T&T Heavy Rentals LLC written consent, shall be void and a material breach Of this Rental Contract. Customer agrees to use and keep the Equipment at the job site set forth on the first page of this Rental Contract unless T&T Heavy Rentals LLC approves otherwise in writing.
19. ENTIRE AGREEMENT / ONLY AGREEMENT. This Rental Contract the entire agreement between the Customer and T&T Heavy Rentals LLC with respect to the Equipment and the rental of the Equipment. There are no oral or other representations or agreements not included herein, None of T&T Heavy Rentals LLC's rights or Customer's rights may be changed and no extension of the rental' this Rental Contract may be made except in writing, signed by both T&T Heavy Rentals LLC and Customer. Any use or Customer's purchase order number on this Rental Contract is to Customer's convenience only. This Rental Contract supersedes any purchase order or other Customer provisions or terms whether sent to or received prior, or subsequent to this Rental Contract
20. ORDER OF PRECEDENCE. The terms and conditions of this Rental Contract shall control over any conflicting preprinted terms and contracts contained in Customer's purchase order or similar documents.
21. OTHER PROVISIONS.
A. Any failure of T&T Heavy Rentals LLC to insist upon strict performance by Customer of any terms and conditions or this Rental Contract shall
not be construed as a waiver of T&T Heavy Rentals LLC's right to demand strict compliance. Customer has carefully reviewed this Rental Contract and waives any principle of law which would construe any provision hereof against T&T Heavy Rentals LLC and the draftsperson of this Rental Contract.
B. Customer agrees to pay all reasonable costs of collection, court, attorneys• fees and other expenses incurred by T&T Heavy Rentals LLC in
the collection or any charges due under this Rental Contract or in connection with the enf01tement of its terms.
C. Customer shall pay the rental charge(s) without any discounts, deductions or claims.
D. The federal and state courts in the county in which the Store Location is located shall have exclusive jurisdiction over all matters relating to this Rental Contract. TRIAL BY JURY WAIVED. Service of process may be elected by certified mail to T & T Equipment Rental. 4781 Route 5 Herkimer NY 13350. T&T Heavy Rentals LLC shall be entitled to decrees of specific performance (without posting bond or other security) addition to such other remedies as may be available.
CRIMINAL WARNING: 'The use of False identification to Obtain Equipment failure to return the Equipment by the end of the Rental Period may be considered a theft subject to criminal prosecution pursuant to applicable or penal code provisions.
22. Cancellation Early Termination and Refunds Once you reserve the equipment all RESERVATIONS” are final. Credit for reservation may be requested within 10 business days of reservation but no later than 48 hours prior to the reserved date. All requests are subject to T&T Heavy Rental LLC approval. Any and all refunds will be assessed a 15% processing fee/cancelation including reservations canceled within the eligible
refund period. Any modification of reservations are subject to approval by T&T Heavy Rental LLC. No refund or credits will be
offered for early termination of the contract within 48 hours of the reservation date and /or after delivery of the equipment. After the equipment has been delivered to the customer there will be no refund for early termination of the contract or for early return of the equipment. The Customer acknowledges that by reserving the equipment for a specific period of time T&T Heavy Rentals LLC forgoes the opportunity to rent to another customer and cannot accommodate refunds for early returns. Therefore there will be no refund for returning the equipment prior to the end of the agreed rental term. With the exception of extreme weather conditions the customer may request to change the dates of the rented machine to the NEXT AVAILABLE dates 48 hours prior to delivery.