Rental Items: Customer acknowledges that he had an opportunity to personally choose, inspect and test the equipment rented, and accepts the rented item “as is”, and finds it suitable and safe for his needs and in good working condition and understands it’s proper and safe use in line with OSHA, EPA & ANSI guidelines. Customer further acknowledges his duty to continuously inspect the equipment prior to each use and notify WTR of any defects and to stop using any item that is in disrepair or unsafe to operate.
Operation: Customer acknowledges he will provide an individual with requisite knowledge & experience to operate the equipment rented and accepts full responsibility & liability for damages related to operator negligence.
Replacement of Malfunctioning Equipment: If the equipment becomes unsafe or in disrepair as a result of normal use, abuse or neglect customer agrees to discontinue use and notify WTR who will replace the equipment with similar equipment in good working order, if available. In the case of abuse or neglect WTR may not replace the item at our sole discretion. WTR is not responsible and is held harmless for any incidental or consequential damages cause by delays or otherwise.
Maintenance and Care of Rental Items: Customer will continually inspect unit for safety and standard maintenance. Customer will check all fluids, oils, belts, tire pressure and condition etc. and replenish and or grease as needed. Failure to follow standard maintenance procedures will result in additional charges. Customer will notify WTR if any item rented is in need of repair or maintenance.
Dirty, Damaged or Lost Equipment: Customer agrees to pay for any damage to or loss of the goods, including loss of rental, as an insurer, regardless of cause, except for reasonable wear and tear, while goods are out of the possession of WTR. Customer agrees to pay a reasonable cleaning charge for equipment returned dirty or coated by other. 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 plus any transportation charges. The cost of repairs will be borne by the customer, whether performed by WTR, or at WTR’s option, by others.
Warranties/Waiver: There are no Warranties of merchantability of fitness, either expressed or implied. There is no warranty that the equipment is suited for the customer’s intended use, or that it is free from latent defects.
A delay in enforcing the contract will not be deemed a waiver of rights.
Hold Harmless and Indemnification Agreement: Customer agrees to assume all inherent risks in the operation and use of rental items and hold WTR harmless for property damage and personal injury, and litigation costs caused by the equipment and/or arising out of WTR’s negligence. Customer assumes all weather-related risks.
Rental Agreement: This is the only agreement embodied between Customer & WTR and eliminates any obligations associated with outside Representation & Warranties. WTR retains title to all rented assets while in possession of Customer.
Prohibited Uses: use of the equipment in the following circumstances is prohibited and constitutes breech of this contract. Customer accepts full responsibility for associated fines and full liability for non-compliance:
A: Use for illegal purpose or in an illegal manner.
B: Use when equipment is in disrepair or is unsafe.
C: Improper, unintended use or misuse.
D: Use by anyone other than Customer or his employees, without WTR’s
E: Use at any location other than the address furnished to WTR without
WTR’s written permission.
F: Use by anyone not properly trained or supervised.
Assignments, Subleases and Loans of Equipment: WTR may assign their rights under this contract without Customer’s consent but will remain bound by all obligations herein. Customer may not sublease or loan equipment without WTR’s written permission. Any purported assignment by Customer is void.
Rental Rates: Rental rates are listed on the front side of this contract. Rates are nonnegotiable. Daily rentals are based on an 8-Hour workday, not 24-Hours, when applicable WTR will give a courtesy period of 24-hours at our sole desecration. Weekly rates are based on a 40-Hour Week and 160-Hour Month. Equipment used in a double shift will be charged at one- and one-half times the daily rental rate. Equipment used in a triple shift will be charged at twice the daily rental rate. Fuel usage is additional and billed meter-out vs meter-in.
Times of Return: Customer’s right of possession terminates on the rental period “Due In” date and time. Retention or possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.
Late Returns: Customer agrees to return the rented items during WTR’s regular business hours, upon expiration of the rental period denoted as the “Due In” date and time. Customer agrees that if the rented items are held beyond the expiration of the rental period overtime charges will accrue and be charged as overtime upon return and closing of this contract.
Payment: All rentals are to be paid in advance. Security deposits as deemed by WTR as appropriate. Open accounts are due and payable net 30 days from date of invoice. All past due invoices carry a finance charge of 1.5% per month (annual rate of 18%).
Licenses, Permits, Taxes: Renter agrees obtain required permits & licenses and to pay all taxes, license fees or permit fees arising out of the use of the rented item or purchase of our products and or services. Renter agrees to pay WTR said taxes upon demand.
Applicable Law/Collection Costs: Customer agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of WTR’s rights under this contract. All lawsuits required to be filed in WTRs home jurisdiction under the laws of it’s home state.
Repossession: Upon failure to pay rent or other breach of this contract WTR may terminate this contract and take possession of and remove the goods from wherever they are. WTR and his agents shall not be liable for any claims for damage or trespass arising from the removal of the goods.
Conversion: Failure to return rented equipment pursuant to the terms of this rental agreement may subject the renter to criminal and civil prosecution.
Damage Waiver Charge (DWC): If the customer accepts DWC, WTR agrees to waive any claim against customer for ACCIDENTAL DAMAGE to equipment rented under this contract. DWC does not cover ABUSE, VANDALISM or THEFT. DWC is not insurance and customer liability is limited to 20% of the replacement cost of the equipment damaged beyond repair. DWC does not cover tire damage, flat tires or any exclusion listed on a rented item listed on the front side of this contract. Damaged equipment does not relieve your obligations of this contract; all rental fees are due and payable in full.
Delivery and Pickup Terms: WTR does not warrant or guarantee an exact delivery time and will not be held liable for any delays or additional expenses incurred for any delays for any reason beyond our control. Delivery site must be reasonably safe, secure & accessible. Customer agrees to assume all risk of loss, damage or destruction between drop-off & possession should someone not be present on jobsite upon delivery. To schedule pickup and to take an item off rental the customer is responsible to call WTR and schedule pickup. The customer will be given a pickup number as proof of call. WTR will not automatically pickup equipment without notification regardless of period scheduled or booked. Customer is responsible and accepts all risks for rental items in your possession until WTR picks-up. Any items left in equipment upon return are deemed abandoned/surrendered with no WTR liability for these items.
SAFETY and INSTRUCTION: Proper and safe use is the responsibility of the operator. Customer is solely responsible to observe and follow all safety rules and regulations required by any local, state or government agency and to provide all protective and fall protection equipment. Customer has been given proper instruction and demonstration prior to taking delivery of the rented item and had the opportunity to review all material supplied by the manufacturer. The customer also acknowledges that they are qualified to use items rented.
Insurance: Customer shall maintain, at their expense, liability, property, and casualty insurance coverage in the amounts necessary to fully protect WTR and our equipment against any claims, loss or damage of whatever nature or type.
Notification of Accident: Customer will notify WTR IMMEDIATELY of any accident or injury in relation to a rental item regardless of the severity followed by any, and all documentation. WTR or their agents retain all the rights to inspect, photograph and investigate, as we deem necessary to protect WTR and their agents.
Severability: The provisions of this rental contract are severable. If one is invalid, unenforceable, or waived, the rest will not be affected.
Sale of Used Equipment: All used equipment is sold “as is” and “with all faults” basis. WTR makes No expressed or implied warranties other than what is listed on the contract.
New Products: Buyer acknowledges that the only warranty provided with this product(s) are those provided by the actual manufacturer and that WTR make no warranties of merchantability or fitness.
Site Prep: Customer shall mark out all underground obstructions. and/or utilities, cables & Lines prior for use of digging & excavation equipment.Customer assumes full liability for any subsurface related damages.