No personnel are furnished directly or indirectly with our rental items.
In consideration of hiring of the rental items (herein “the rental items or items”) described on
the front of this contract it is agreed as follows:
1. DEPOSIT. Customer acknowledges that one of the purposes and intent of the deposit is to secure
and guarantee complete performance of customer’s obligations under the contract.
2. WARNING. The use of false or fictitious identification to obtain the items or the failure to
return the items upon the expiration of this contract is directed Tennessee Penal Code Section 484,
California Penal Code Section 476A (relating to bad checks). For purposes of Penal Code Section
484 expiration date shall mean “expiration date”
3. POSSESSION/TITLE. Customers right to possession of the items terminates on the return date
indicated on the front of this contract. Retention of possession after this date constitutes a material
breach of this agreement. Time is of the essence of this agreement. Any extension of this agreement
must be agreed upon in writing. Title to the items is and shall remain in rental center.
4. RECEIPT/INSPECTION OF RENTAL ITEMS. Customer hires the items on an “as is” basis.
Customer acknowledges that he has personally inspected the items prior to its leaving rental center
(regardless of point of delivery) and finds it suitable for his needs. Customer acknowledges receipt
of all items listed in this agreement in good working order and repair and that he understands its
proper operation and use without further instructions regarding operation and use from rental
5. HOLD HARMLESS. Customer agrees to assume the risk of and hold rental center harmless
for property damage and personal injuries caused by the items and/or arising out of rental centers
negligence. Customer shall indemnify, defend and hold rental center harmless from any claims of
third party for loss, injury and damage to their persons and/or property arising out of customer’s
possession, use, maintenance or return of items, including legal costs incurred in defense of same.
6. RENTAL PERIOD/RATE/PAYMENT. Rental period is for a maximum of twenty-four (24)
hours unless a longer term is specified in the “return date”. Rental charges begin immediately
upon delivery of the items to the location directed by the customer or upon items leaving rental
center, whichever happens first. Rental charges end upon return of the items to rental center in
an acceptable condition. If the items are returned prior to the end of the minimum rental period,
the rental due shall be for the entire minimum period. Rental center may terminate rental at any
time and retake the items without further notice in case of violation by customer of any terms
or conditions of this agreement. Customer agrees to pay any collection costs and attorney fees
incurred in collection of this account or any dispute arising under this agreement.
7. ORDINARY WEAR AND TEAR. “Ordinary wear and tear” shall mean only the normal
deterioration of the items caused by ordinary, reasonable and proper use of the items. Customer
shall be responsible for all damage not caused from ordinary wear and tear.
8. COMPLIANCE WITH LAWS/USE OF RENTAL ITEMS. Customer agrees not to use or allow
anyone to use the items for any illegal purpose or in any illegal manner. Customer acknowledges
that rental center has no physical control over the use of the items. Customer agrees at his sole
cost and expense to comply with all municipal, county, state, and federal laws, ordinances and
regulations (including O.S.H.A.) which may apply to the use of the items during the rental period.
Customer further agrees to pay all licenses, fees, permits or taxes arising from his use of the items,
including any subsequently determined to be due as a result of an audit. Customer shall not allow
any person who is not qualified to operate the items or use the items.
Customer shall not allow any person to use or operate the items when it is in need of repair or
when it is in an unsafe condition or situation; modify, misuse, harm or abuse the items; permit any
repairs to the items without rental center’s written permission; or, allow a lien to be placed upon
Customer agrees to clean and visually inspect the items at least daily and to discontinue use and
immediately notify rental center when items are found to need repair or maintenance. Customer
acknowledges that rental center has no responsibility to inspect the items while in customer’s
possession. If the items become unsafe or requires repair, customer shall discontinue using it and
notify rental center immediately.
9. RETURN OF RENTAL ITEMS. Customer agrees to return the items to rental center during
regular business hours upon “expiration date” in as good condition as when received, ordinary
wear and tear expected.
10. DISCLAIMER OF WARRANTIES. Rental center makes no warranty of merchant-ability
or fitness for any particular use or purpose, either express or implied. There is no warranty or
representation that the items are fit for customer’s particular intended use, or that it is free of latent
defects. Rental center shall not be responsible to customer or any third party for any loss, damage
or injury caused by, resulting from, or in any way attributable to the operation of, or any failure
of the items. Rental center shall not be responsible for any defect or failure unknown to rental
center. Customers sole remedy for any failure of or defect in the items shall be termination of the
rental charges at the time of failure provided that customer notifies rental center immediately of
such failure and returns the items to rental center within twenty-four (24) hours of such failure.
11. DAMAGE WAIVER. Damage Waiver is not insurance. By Customer initialing acceptance of
Damage Waiver on the front of this agreement and with immediate notification in the event of any
accident and the prompt submission by customer of applicable police reports, rental center and
customer agree that rental center will waive any claim against customer for direct physical damage
to the items for any external, except as follows:
(a) Any item or items of part thereof which is not returned for whatever reason, including theft;
(b) Loss or damage resulting from overloading or exceeding rated capacity of the items;
(c) Loss or damage to motors or other electrical appliances or devices caused by artificial current;
(d) Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the
items or a shortage disclosed on inventory;
(e) Loss or damage caused by infidelity of customer, its employees, or persons to whom the
equipment is entrusted;
(f) All damage resulting from overturning;
(g) All damage or loss resulting from use of the items in violation of any provision of this agreement,
violation of any law, ordinance or regulation or operation in an improper or negligent manner;
(h) Damage from dirtying of items by paint, mud, plaster, concrete, rosin or any other material.
Customer is responsible for cleaning and repainting as required.
If customer has insurance covering such loss or damage, customer shall exercise all rights available
to him under said insurance, take all action necessary to process such claim and customer further
agrees to sign said claim and any and all proceeds from such insurance shall be payable to rental
center. Customer to provide rental center with complete information concerning insurance
coverage carried. Damage waiver charge 10% of total rental.
12. SUBLETTING/LOCATION OF RENTAL ITEMS. Customer agrees not to sublet, loan or assign
the items. Customer shall not move the items from the address at which customer represented it
was to be used.
13. DEFAULT. Should customer in any way fail to observe or comply with any provision of this
agreement, rental center may, at his sole option exercise any and all of the following remedie
(a) Termination of this agreement.
(b) Retake the items.
(c) Declare any outstanding rent and charges due and payable and initiate legal process to recover
(d) Pursue any of the remedies available to rental center (exercise of any remedy available to rental
center shall not constitute an election of remedies or a waiver of any additional remedies to which
rental center may be entitled).
14. RETAKING OF RENTAL ITEMS. If for any reason it becomes necessary for rental center to
retake the items, rental center may retake the items without further notice or further legal process.
15. ACCIDENTS, REPORTING, AND INDEMNIFICATION. IN THE EVENT OF ANY
ACCIDENT RESULTING IN PROPERTY DAMAGE OR BODILY INJURY ARISING
FROM USE OF THE ITEMS WHILE IT IS IN CUSTOMERS POSSESSION, CUSTOMER
HEREBY EXPRESSLY AGREES TO ASSUME RESPONSIBILITY FOR HIMSELF, HIS OWN
EMPLOYEES, AGENTS AND ASSIGNS NEGLIGENCE WHETHER OR NOT CONTRIBUTED
TO BY THE ACTION ARISING THEREFROM, INCLUDING ANY COSTS AND ATTORNEYS
FEES INCURRED IN CONNECTION THEREWITH. CUSTOMER AGREES TO NOTIFY
RENTAL CENTER IMMEDIATELY IN CASE OF ANY ACCIDENT AND TO OBTAIN THE
NAMES, ADDRESSES, PHONE NUMBERS AND OTHER PERTINENT INFORMATION
FROM ALL PARTIES INVOLVED AND ALL WITNESSES.
16. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of rental center to insist upon
strict performance by customer as regards any provision of this agreement shall not be interpreted
as a waiver of rental center’s right to demand strict compliance with all other provisions of this
agreement against customer or any other person. The provisions of this agreement shall be
severable, so that the unenforceability, invalidity or waiver of any provision shall not affect any
17. SERVICE CHARGE. Accounts are due and payable at the termination of the rental period. A
carrying charge equivalent to the maximum legal rate of interest will be charged on all overdue
accounts. In addition, customer agrees to pay a service charge on all overdue accounts.
Rental center to be held harmless for damage to surface or underground utilities caused by
installation of equipment.