Talisman Rentals Equipment Rental Terms and Conditions
1. INSPECTION. Customer acknowledges that he has had an opportunity to personally inspect the equipment and finds it suitable for his needs and in good condition, and that he understands its proper use. The customer further acknowledges his duty to inspect the equipment prior to use and notify Company of any defects.
2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Company who will replace the equipment with similar equipment in good working order, if available. Company is not responsible for any incidental or consequential damages caused by delays or otherwise.
3. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED. There is no warranty that the equipment is suited for the Customer's intended use, or that it is free from defects.
4. HOLD HARMLESS AGREEMENT. Customer agrees to assume the risks of, and hold Company harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and/or arising out of Company's negligence.
5. PROHIBITED USES. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this contract: a) Use for an illegal purpose or in illegal manner; b) Use when the equipment is in bad repair or is unsafe; c) Improper, unintended use or misuse; d) Use by anyone other than Customer or his employees, without Company's written permission; e) Use at any location other than the address furnished to Company without Company's written permission.
6. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. Company may assign its rights under this contract without Customer's consent but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without the Company's written permission. Any purported assignment by Customer is void.
7. TIME OF RETURN. The customer's right to possession terminates on the expiration of the rental period ("Due In" date & time) and retention of possession after this time constitutes a material breach of this contract. Time is of the essence in this contract. Any extension must be mutually agreed upon in writing.
8. LATE RETURN. The customer agrees to return the rented goods during the Company's regular store hours, upon expiration of the rental period ("Due In" date & time).
9. DAMAGED, DIRTY, OR LOST EQUIPMENT. Customer agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Company. The customer also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price. The cost of repairs will be borne by the Customer, whether performed by the Company, or, at Company's option, by a third party.
10. PAYMENT. Accounts are due and payable at the termination of the rental period. A carrying charge of 1.5% per month (ANNUAL RATE OF 18%) will be charged on all overdue accounts. Customer agrees to pay Company upon demand: A. 1) All rates, charges, taxes, fuel, delivery, pickup, reservation and cancellation fees and all other amounts incurred as a result of this rental transaction. 2) Replacement cost for any loss or disappearance of equipment due to theft, conversion or other dishonest acts on part of any person or persons to whom the issued property is entrusted or any person or persons in the service or employment of the customer whether or not occurring during the hours of such service or employment. Company reserves the right to consider the property lost, stolen or converted if not returned within TEN DAYS of the date and time printed under the "TIME AND DATE DUE IN" column on the contract. B. Credit Card -- Customer authorizes that Company may bill customer's credit card at the time of reservation or upon receipt of the rented item(s) or upon the return of the item(s). C. Payment Guarantee -- If Customer directs Company and Company has agreed to bill applicable charges to a Third Party and such Third Party fails to make payment promptly when due, Customer promises to pay Company on demand. If Customer directs charges to be billed to a Third Party, Customer represents that he is authorized to give Company such direction. Customer understands that it remains individually responsible for all charges even if Customer directed the Company to bill a Third Party. D. Final Audit - CUSTOMER UNDERSTANDS THAT ALL CHARGES ARE SUBJECT TO FINAL AUDIT. The customer authorizes any credits or additional charges to be made and paid by the method used at the time of the reservation, rental or return. If invoices are not promptly paid, all charges may revert to the daily rate.
11. COLLECTION COSTS. The customer agrees to pay all reasonable collection, attorneys and court fees and other expenses involved in the collection of the charges or enforcement of the Company's rights under this contract. The customer agrees that if the rental contract is not paid within 30 days of the closed contract date, the daily rate, as indicated on the contract, shall be the agreed contractual rate for the entire period with no discounts for weekly or monthly rentals.
12. REPOSSESSION. Upon a failure to pay rent or other breach of this contract, the Company may terminate this contract without notice and take possession of and remove the equipment from wherever they are, and Company and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.
13. INSPECTION OF EQUIPMENT AND TRAILER HITCH. The customer agrees to inspect the trailer coupling mechanism and safety chain before leaving the Company's premises. The customer also agrees to inspect the equipment periodically (every 100 miles) and to maintain the coupling and chain in a safe and secure condition.
14. DAMAGE TO BUMPERS. Company is not liable for damage to Customer's bumper or automobile done by detachable hitches, tow bars or other detachable equipment.
15. DAMAGE WAIVER. DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A WARRANTY. Customer is responsible for any loss of or damage to the Rented Equipment and Items ("Equipment") and for their return in the same condition in which they were received, except for ordinary wear and tear. The customer may decline damage waiver charges by providing the Company a valid certificate of insurance prior to the rental of equipment, whereby the Company is named an additional insured on an insurance policy, covering the risk of loss by damage, death or otherwise, of the subject equipment, and said insurance being the primary coverage as against any other insurance which may be provided by the Company. Unless Customer declines the Damage Waiver as outlined above, Company will, subject to the "Exceptions and Exclusions" set forth below, waive its right to recover from Customer the first $500 of its direct cost to repair or replace equipment which is damaged or destroyed while in Customer's possession. However, excluded from this waiver is any loss or damage due to theft, burglary, misuse or abuse, theft by conversion, intentional damage, mysterious disappearance, or any loss due to Customer failing to care for the rented item(s) as a prudent man would his own property, such as proper maintenance. If Customer has insurance, the DAMAGE WAIVER becomes secondary and Customer agrees to assign all claims and proceeds from its insurance coverage to Company. The customer agrees to immediately notify the Company of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, Customer's liability for loss of, or damage to the Equipment will not be waived in the following
“EXCEPTIONS AND EXCLUSIONS”
1. Any item or part thereof which is not returned, irrespective of the reason, including theft.
2. Reckless, careless or abusive operation or use of the Equipment
. Use or operation of the Equipment exceeding its rated capacity.
4. Damage to motors, generators, drills or other tools, electrical appliances or devices caused by use of non-utility generated power, whether or not supplied by the Company.
5. Damage to tyres, tubes, tracks and wheels caused by blowouts, bruises, cuts, punctures or other causes inherent in the use of the Equipment.
6. Damage resulting from failure to perform or pay for all normal periodic and other basic service maintenance, adjustments and lubrication of the Equipment.
7. Loss or damage caused by dishonesty of Customer employees or agents, or wrongful conversion by any person whom Customer allows to possess the Equipment.
8. Operation or use of the Equipment in a manner inconsistent with the instructions of the Equipment manufacturer.
9. Damage resulting from vandalism, malicious mischief, or intentional abuse.
10. Damage to any and all accessories, such as air hoses, electric cords, blades, welding cables, liquid fuel tanks and other similar items and accessories.
11. Damage resulting from overturning or striking overhead objects.
12. Damage resulting from use of the Equipment in violation of any terms of this Rental Contract.
13. Damage resulting from loading or unloading the Equipment.
16. SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
17. LOADING AND UNLOADING EQUIPMENT. The customer is responsible for loading and unloading equipment. If Company's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of, and hold Company and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of the Company and/or its employees.
18. PROPERTY DAMAGE. The company will Not be responsible for damage to driveways, lawns, sprinkler systems, gardens, septic tanks, drain fields and/or flower beds as a result of on-the-job deliveries.
