Rental
Agreement TERMS AND CONDITIONS
By CLICKING/Signing, you, the
Customer (as defined below) agree and acknowledge that Customer has read,
understands, accepts full responsibility for and is bound by the terms and
conditions contained in this Rental Agreement (as defined below), which also
consists of any optional products purchased by Customer in connection with this
rental and the Reservation Details (as defined below) hereof for the Rental
Period (as defined below) whether or not subsequent agreements are executed by
Customer or of Rental Solutions assigns a new agreement number during the
Rental Period for the purpose of invoicing Customer. 1. DEFINITIONS. “Rental Agreement” means this
Rental Agreement, including the Reservation Details. “Rental” means Rental
Solutions (North America), LLC. “Equipment” means any one or more of the items
identified in the Reservation Details and any accessories, attachments or other
similar items delivered to Customer, including, but not limited to air hoses,
electric cords, blades, welding cables, liquid fuel tanks and nozzles.
“Customer” means the person or entity identified as such in the Reservation
Details or any representative, agent, officer or employee of Customer. “Store
Location” means the closest Rental Solutions branch location to the Job
Location described in the Reservation Details. “Rental Period” means the period
of time between the date “From” and date “To,” set forth in the Reservation
Details, except that the Rental Period may extend or terminate earlier as
provided in Sections 18 and 25 hereof or if Customer returns the Equipment
earlier. “Reservation Details” means the
Equipment, Rental Period, Delivery Information, Payment Information and other
information set forth on the Confirmation/Order Summary Screen. “Credit Card”
means the credit card provided by Customer as part of this Rental Agreement or
otherwise kept on file with Rental Solutions. 2. AUTHORITY TO SIGN. Any
individual agreeing to this Rental Agreement represents and warrants that he or
she is of legal age and has the authority and power to sign this Rental
Agreement on behalf of Customer. 3. INDEMNITY / HOLD HARMLESS. TO THE FULLEST
EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD RENTAL
SOLUTIONS, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES,
AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL
LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO,
ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR
CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR
DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION,
USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES
TO ANY CLAIMS ASSERTED AGAINST RENTAL SOLUTIONS BASED UPON STRICT OR PRODUCT
LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO
INDEMNIFY RENTAL SOLUTIONS FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY
CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF RENTAL
SOLUTIONS. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS
IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE
FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR
DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR
IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY
WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY
TERMINATION OF THE RENTAL AGREEMENT. 4. INSPECTION OF EQUIPMENT. Customer
acknowledges that Customer will inspect the Equipment prior to taking
possession thereof, and Customer will only accept delivery of the Equipment if
Customer determines that the Equipment is in good working order and repair and
is suitable for Customer’s needs. Customer further acknowledges that Customer
will inspect the propulsion tank of vehicles registered and licensed, or
required to be registered and licensed, for use on any highway or public road,
prior to taking possession thereof, and Customer will take delivery of such
Equipment only if such propulsion tank contained no dyed fuel. Customer
acknowledges that Customer is familiar with the proper operation and use of
each item of Equipment. Customer acknowledges that, prior to taking possession
of the Equipment, Customer will obtain and read all safety bulletins, operator
manuals, and tabulated data for each item of Equipment. Customer agrees to
inspect all hitches, bolts, safety chains, hauling tongues and other devices
and materials used to connect the Equipment to any towing vehicle. Customer
acknowledges Rental Solutions is not responsible for any damage to any towing
vehicle caused by detachable hitches or mirrors. 5. LIMITATION OF LIABILITY. In
no event shall Rental Solutions be liable or responsible to Customer or any
other party for: (i) any loss, damage or injury caused by, resulting from or in
any way connected with the Equipment, its operation or its use, (ii) Rental Solutions’
failure to deliver the Equipment as required hereunder, or Rental Solutions’
failure to repair or replace non-working Equipment; (iii) or any incidental,
consequential, punitive or special damages. Customer acknowledges and assumes
all risks inherent in the operation, use and possession of the Equipment from
the time the Equipment is delivered to Customer until the Equipment is returned
to Rental Solutions and will take all necessary precautions to protect all
persons and property from injury or damage from the Equipment. 6. USE OF
EQUIPMENT. A. Customer will not use or allow anyone to use the Equipment: (i)
for an illegal purpose or in an illegal manner; (ii) without a license, if
required under any applicable law, (iii) or who is not qualified to operate it.
Customer agrees, at Customer’s sole expense, to comply with all applicable
municipal, state, and federal laws, ordinances and regulations (including
O.S.H.A. and the Internal Revenue Code) which may apply to the use of the
Equipment. Customer shall not insert, or permit to be inserted, any dyed fuel
into the propulsion tank of vehicles registered and licensed, or required to be
registered and licensed, for use on any highway or other public road. CUSTOMER
AGREES TO DEFEND, INDEMNIFY AND HOLD RENTAL SOLUTIONS HARMLESS FROM ALL FINES,
PENALTIES AND COSTS INCURRED BY RENTAL SOLUTIONS DUE TO DYED FUEL BEING
INTRODUCED INTO THE PROPULSION TANK OF SUCH VEHICLES. Customer agrees to: (i)
check filters, oil, fluid levels and tire air pressure; (ii) clean and visually
inspect the Equipment daily; (iii) and immediately notify Rental Solutions when
Equipment needs repair or maintenance and cease using the Equipment. Customer
acknowledges that Rental Solutions has no responsibility to inspect the
Equipment while it is in Customer’s possession. Rental Solutions shall have the
right to replace the Equipment with other reasonably similar equipment at any
time and for any reason. By agreeing to this Rental Agreement, Customer accepts
all liabilities and responsibilities contained in the regional notification
center law. 7. DISCLAIMER OF WARRANTIES. RENTAL SOLUTIONS 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 THE EQUIPMENT IS SUITED
FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE
SPECIFICALLY SET FORTH IN THIS RENTAL AGREEMENT, RENTAL SOLUTIONS DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL
TRANSACTION. 8. MALFUNCTIONING EQUIPMENT. Should the Equipment be involved in
an accident, become unsafe, malfunction or require repair, Customer shall
immediately cease using the Equipment and immediately notify Rental Solutions.
If such condition is the result of normal operation, Rental Solutions will
repair or replace the Equipment with reasonably-similar Equipment in working
order, if such replacement Equipment is available. Rental Solutions has no
obligation to repair or replace Equipment rendered inoperable by misuse, abuse
or neglect. Customer’s sole remedy for any failure or defect in Equipment shall
be the termination of 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 defect in order to terminate rental charges. 9. RETURN OF EQUIPMENT
/DAMAGED & LOST EQUIPMENT. At the expiration of the Rental Period, Customer
will return the Equipment to the Store Location during Rental Solutions’
regular business hours. The Equipment is to be in the same condition as when
delivered to Customer, subject to reasonable wear and tear, as defined below.
In the event that Rental Solutions has agreed to pick up the Equipment from
Customer, Customer shall notify Rental Solutions in writing that the Equipment
is “off rent” and shall obtain an “off rent” confirmation number from Rental
Solutions shall endeavor to pick up the Equipment within a commercially
reasonable period of time after the Rental Solutions Equipment is called “off
rent.” Customer shall be liable for all damages to or loss of the Equipment
from the time the Equipment leaves the Store Location until the Equipment is
(i) returned to the Store Location, including any damage during transit to or
from Customer; (ii) or picked up by Rental Solutions after issuance of an “off
rent” confirmation number. In the case
of the loss or destruction of any Equipment, or inability or failure to return
same to Rental Solutions for any reason whatsoever, Customer will pay Rental
Solutions the then full replacement list value of the Equipment 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 Rental Solutions the reasonable cost of repair and pay rental on the
Equipment at the regular rental rate until all repairs have been completed.
Rental Solutions shall be under no obligation to commence repair work until
Customer has paid to Rental Solutions the estimated cost therefor. Customer
agrees that Rental Solutions reserves the right to charge the Credit Card
and/or Customer’s account for any amount owed by Customer pursuant to this
section due to damaged or lost Equipment. 10. 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 basis (as defined in Section 12 below). The following shall not be deemed
reasonable wear and tear: (i) damage resulting from lack of lubrication,
insertion of improper fuel, or maintenance of necessary oil, water and air
pressure levels; (ii) except where Rental Solutions expressly assumes the
obligation to service or maintain the Equipment, any damage resulting from lack
of servicing or preventative maintenance suggested in the manufacturer’s
operation and maintenance manual; (iii) damage resulting from any collision,
overturning, or improper operation, including overloading or exceeding the
rated capacity of the Equipment; (iv) damage in the nature of dents, bending,
tearing, staining, corrosion or misalignment to or of the Equipment or any part
thereof; (v) wear resulting from use in excess of shifts for which rented; (vi)
and any other damage to the Equipment which is not considered ordinary and
reasonable in the equipment rental industry. 11. LATE RETURN. Customer agrees
that if the Equipment is not returned by the end of the Rental Period, Rental
Solutions, in its sole discretion, may require Customer to do any of the
following: (i) continue to pay the rental rate(s) applicable to the Equipment
as specified in the Reservation Details; (ii) for periods less than 24 hours,
pay the full daily rental rate applicable to the Equipment; (iii) or pay any
increased rental rate(s) in effect at the time of, or after, the expiration of
the Rental Period. Customer agrees that Rental Solutions reserves the right to
charge the Credit Card and/or Customer’s account for any amount owed by
Customer pursuant to this section due to late return of Equipment. 12. RENTAL
PERIOD / CALCULATION OF CHARGES. A.
Rental charges commence when the Equipment leaves the Store Location and end
when the Equipment is returned to the Store Location during Rental Solutions’
regular business hours. Rental charges do not include the cost of the Refueling
Service Charge, any applicable taxes, the cost of the Delivery and Pickup
Service Charge, transportation surcharges, the cost of the Environmental
Service Charge or other miscellaneous charges. If Customer chooses to have
Rental Solutions deliver and pick up the Equipment, Customer agrees to pay a
Delivery and Pickup Service Charge. In the event that Customer has elected to
pay for the Delivery and Pickup Service Charge, Customer shall notify Rental
Solutions in writing that the Equipment is “off rent” and obtain an “off rent”
confirmation number from Rental Solutions, at which time rental charges shall
no longer be assessed, unless otherwise provided herein. Rental charges accrue
during Saturdays, Sundays and Holidays. Rental rates are for normal “one shift”
usage based on an 8-hour day, 40 hours per week and 160 hours per 4-week
period. On power equipment, operations in excess of one shift will be as
follows: 1.5 times the rental charges for double shift and 2 times the rental
charges for triple shift. Customer will truthfully and accurately certify to Rental
Solutions 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 of possession after this time is a material breach of this Rental
Agreement. TIME IS OF THE ESSENCE. 13. REFUELING SERVICE CHARGE. Customer acknowledges that a “Refueling
Service Charge” will be applied to all Equipment not returned with a full tank
of fuel. The exact cost of the Refueling
Service Charge may vary depending on the rate being charged by the Store
Location on the date Customer returns the Equipment. Customer acknowledges that the Refueling
Service Charge is not a retail sale of fuel.
Customer may avoid the Refueling Service Charge if Customer returns the
Equipment with a full tank of fuel. 14. DEPOSIT. In addition to securing the
payment of rental charges hereunder, Customer agrees that any rental deposit
shall be deemed to be a guarantee by Customer of the full and complete
performance of each and all the terms, covenants, and agreements to be
performed by Customer hereunder. In the event of any breach by Customer, the
deposit will be credited against any damages, cost or expense incurred by
Rental Solutions as a result of the breach. 15. PAYMENT. All amounts due
hereunder shall be payable in full upon receipt of invoice by Customer.
Customer acknowledges that timely payment of rental charges is essential to
Rental Solutions’ business operations and it would be impractical and extremely
difficult to fix the actual damages caused by late payment. Customer and Rental
Solutions agree that there shall be added to all past due rental charges a late
payment fee equal to the lesser of 2% per month (24% per annum) on any such
payments outstanding after 30 days, or the maximum amount allowed by applicable
law. Customer agrees that Rental Solutions reserves the right to charge the
Credit Card and/or Customer’s account for any amount owed by Customer pursuant
to this section due to late or past due payment(s) or rental charges. 16. TITLE
/ NO PURCHASE OPTION / NO LIENS. This Rental Agreement is not a contract of
sale, and title to the Equipment shall at all times remain with Rental
Solutions. Unless covered by a specific supplemental agreement signed by Rental
Solutions. 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. 17. TIRE AND TUBE REPAIR OR REPLACEMENT. Repair or replacement of
tires and tubes is the responsibility of Customer and is not included in the
rental rate. 18. DEFAULT. Customer shall be deemed in default should Customer:
(i) in any way fail to pay any amount when due hereunder, or to perform,
observe or keep any provision of this Rental Agreement; (ii) become “Insolvent”
(as defined herein), or should Rental Solutions anticipate that Customer may
become Insolvent; (iii) or otherwise be in default. If Customer is in default,
Rental Solutions may do any one or more of the following: (i) terminate the
Rental Period; (ii) declare the entire amounts due hereunder immediately due
and payable and commence legal action therefor; (iii) cause Rental Solutions’
employees or agents, with notice but without legal process, to enter upon
Customer’s property and take all action necessary to retake and repossess the
Equipment, and Customer hereby consents to such entry, re-taking and
re-possession and hereby waives all claims for damages and losses, physical and
pecuniary, caused thereby and shall pay all costs and expenses incurred by
Rental Solutions in retaking and repossessing the Equipment; (iv) or pursue any
other remedies available by law. Customer shall be considered “Insolvent” if
Customer shall: (i) generally not pay, or be unable to pay, or admit its
inability or anticipated inability to pay its debts as such debts become due;
(ii) make an assignment for the benefit of creditors, or petition or apply to
any tribunal for the appointment of a custodian, receiver, or trustee for it or
a substantial part of its assets; (iii) commence any proceeding under any
bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or
liquidation law or statute of any jurisdiction, whether now or hereafter in
effect; (iv) have had any such petition or application filed or any such
proceeding commenced against it in which an order for relief is entered or an
adjudication or appointment is made; (v) or take any action indicating its
consent to, approval of, or acquiescence in any such petition, application,
proceeding, or order for relief or the appointment of a custodian, receiver, or
trustee for all or any substantial part of its properties. 19. CUSTOMER’S
INSURANCE COVERAGE. Customer agrees to maintain and carry, at Customer’s sole
cost, the following insurance: (i) commercial auto liability insurance with at
least a per occurrence limit of $2 million; (ii) commercial general liability
insurance (“CGL”) (providing coverage equal to or greater than the standard ISO
CG 00 01 12 04 form) with limits of insurance not less than $2 million per
occurrence and $4 million in the aggregate; (iii) and property insurance for
the full replacement cost of the Equipment, including coverage for all risks of
loss or damage to the Equipment. Customer shall obtain insurance policies that
provide, or are endorsed to provide, that all insurance required hereunder is
primary and non-contributory to any other insurance maintained by Rental
Solutions. Rental Solutions shall be e
named as an additional insured for liability insurance and, if applicable,
additional loss payee for property insurance. Any deductibles or self-insured
retentions shall be the sole responsibility of the Customer. All insurance
required by this Rental Agreement shall include a waiver of rights of recovery
against Rental Solutions r its insurers by the Customer and its insurers, as
well as a waiver of subrogation against Rental Solutions or its insurers. The
policies required hereunder shall provide that Rental Solutions must receive
not less than 90 days’ notice prior to any cancellation. FOR RENTAL OF
EQUIPMENT NOT LICENSED FOR ROAD USE, CUSTOMER MUST EITHER (i) ELECT TO NAME RENTAL
SOLUTIONS AS LOSS PAYEE EVIDENCING PROPERTY INSURANCE COVERAGE, OR (ii) ELECT
TO PURCHASE THE RENTAL PROTECTION PLAN. 20. NO ASSIGNMENT, LENDING OR
SUBLETTING. Customer shall not sublease, subrent, assign or loan the Equipment
without first obtaining the written consent of Rental Solutions, and any such
action by Customer, without Rental Solutions’ written consent, shall be void.
Customer agrees to use and keep the Equipment at the job site set forth on the
first page of this Rental Agreement unless Rental Solutions approves otherwise
in writing. Rental Solutions may at any time, without notice to Customer,
transfer or assign this Rental Agreement or any Equipment or any moneys or
other benefits due or to become due hereunder. 21. ENTIRE AGREEMENT / ONLY
AGREEMENT. The Rental Agreement, including the Reservation Details, represents
the entire agreement between Customer and Rental Solutions 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 Rental Solutions’
rights or Customer’s rights may be changed and no extension of the terms of
this Rental Agreement may be made except in writing, signed by both Rental
Solutions and Customer. Any use of Customer’s purchase order number on this
Rental Agreement is for Customer’s convenience only and terms and conditions,
whether oral or written, that are different or inconsistent with the terms contained
herein are hereby rejected by Rental Solutions. 22. ORDER OF PRECEDENCE. The
terms and conditions of this Rental Agreement shall control over any
conflicting preprinted terms and conditions contained in Customer’s purchase
order or similar documents and such other terms are hereby rejected by Rental
Solutions. 23. CLASSACTION WAIVER. Customer agrees that any claims or
proceedings brought by Customer relating to this Rental Agreement will be
conducted on an individual basis, and not on a class-wide, collective, or representative
basis, and that any one person’s claims or proceedings may not be consolidated
with any other claims or proceedings. Customer will not sue Rental Solutions as
a class plaintiff or class representative, join as a class member, or
participate as an adverse party in any way in a class-action lawsuit against Rental
Solutions. Nothing in this paragraph, however, limits Customer’s right to bring
a lawsuit as an individual plaintiff. 24. JURY WAIVER. 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 Agreement.
TRIAL BY JURY IS WAIVED. In order to effect service of process on Rental
Solutions, please contact the Secretary of State Corporations Division or the
equivalent office in your state to obtain the name of the registered agent and
the registered office address that is on file with the Secretary of State for Rental
Solutions. Rental Solutions shall be entitled to decrees of specific
performance (without posting bond or other security) in addition to such other
remedies as may be available. 25. OTHER PROVISIONS. A. Any failure of Rental
Solutions to insist upon strict performance by Customer of any terms and
conditions of this Rental Agreement shall not be construed as a waiver of Rental
Solutions’ right to demand strict compliance. Customer has carefully reviewed
this Rental Agreement and waives any principle of law which would construe any
provision hereof against Rental Solutions as the drafter of this Rental
Agreement. Any rule of construction to the effect that any ambiguities are to
be resolved against the drafting party shall not apply to the interpretation of
this Rental Agreement. B. Customer agrees to pay all reasonable costs of
collection, court, attorneys’ fees and other expenses incurred by Rental
Solutions in the collection of any charges due under this Rental Agreement or
in connection with the enforcement of its terms. C. Customer shall pay the
rental charge(s) without any offsets, deductions or claims. D. Customer
consents to the collection, use, and disclosure of his or her personal
identification and financial information as described herein. Customer’s
personal identification and financial information is provided voluntarily and
not as part of a credit card transaction. Personal identification information
includes, for example, Customer’s name, billing address, ZIP code, telephone
number, date of birth, driver’s license number, and email address. Financial
information includes, for example, information related to any balances or
invoices related to the Rental Agreement. Customer’s personal identification
information can be used for purposes of this transaction, any subsequent
transactions with Rental Solutions, and for Rental Solutions to evaluate and
improve its products and services and/or develop new products or services.
Customer’s personal identification information and/or financial information may
be disclosed to contractors, service providers, and other third parties that
support Rental Solutions’ business and who are bound by contractual obligations
to keep personal information confidential and use it only for the purposes for
which we disclose it to them. E. Rental
Solutions shall have the right to immediately repossess the Equipment, without
any liability to Customer, in the event of: (i) permanent closure of the Store
Location; (ii) declaration of any emergency, disaster or similar situation by
any federal, state or local government; (iii) or as otherwise set forth in this
Rental Agreement. F. Customer expressly
acknowledges that Customer and Rental Solutions are the only parties to this
Agreement, notwithstanding that a reservation for the Equipment may have been
arranged by a third party or that a third party may pay for all or part of the
rental bill. G. For matters arising from this Agreement, Customer authorizes Rental
Solutions to verify and obtain through credit agencies or other sources
Customer’s credit and insurance information. H. A Cleaning Charge will apply to
Equipment returned with excessive dirt, concrete and/or paint. Customer is
responsible for all damage. There will be an additional charge for missing
keys. I. In the event the terms
contained in this Rental Agreement conflict with any terms of any preexisting
written agreement signed by authorized representatives of the Customer and Rental
Solutions (the “Written Agreement”), the terms of the Written Agreement shall
supersede the terms of this Rental Agreement. I. CRIMINAL WARNING: The use of false
identification to obtain Equipment or the failure to return the Equipment by
the end of the Rental Period may be considered a theft subject to criminal
prosecution pursuant to applicable criminal or penal code provisions. 26. OPTIONAL RENTAL PROTECTION PLAN. A. The
Rental Protection Plan (“RPP”) is an optional product that modifies certain
terms of this Rental Agreement. THIS SECTION 26 IS ONLY APPLICABLE PROVIDED YOU
HAVE ELECTED TO “ACCEPT” THE RENTAL PROTECTION PLAN. B. NOTICE: FOR ALL RENTALS
OF EQUIPMENT NOT LICENSED FOR ROAD USE, YOU MAY EITHER SHOW PROOF OF PROPERTY
INSURANCE IN ACCORDANCE WITH SECTION 19 ABOVE OR PURCHASE THE RENTAL PROTECTION
PLAN. THE PURCHASE OF THE RENTAL
PROTECTION PLAN FOR RENTALS OF EQUIPMENT IS NOT MANDATORY AND MAY BE DECLINED
IF YOU HAVE PROOF OF INSURANCE AS REQUIRED BY SECTION 19. RPP IS NOT INSURANCE.
RPP IS AVAILABLE TO DIRECT COMMERCIAL CUSTOMERS ONLY IN CONNECTION WITH THE
RENTAL OF EQUIPMENT FROM RENTAL SOLUTIONS. FOR AN ADDITIONAL CHARGE, RPP OFFERS
A DAMAGE WAIVER TO LIMIT YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE TO, OR THEFT
OF, THE RENTAL EQUIPMENT. BEFORE DECIDING WHETHER TO PURCHASE THE DAMAGE
WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN INSURANCE COVERAGE AFFORDS
YOU COVERAGE FOR DAMAGE TO OR THEFT OF THE RENTAL EQUIPMENT AND THE AMOUNT OF
THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. READ THIS SECTION CAREFULLY BEFORE SIGNING.
C. TERMS AND CONDITIONS. In return for payment of the fee set forth in the
Rental Agreement, Rental Solutions agrees to limit its rights under Sections 9
and 19 thereof as follows: i.
DAMAGE WAIVER. Subject to the
conditions set forth herein, Rental Solutions waives its right to collect
amounts from Customer exceeding the lesser of 10% of replacement value of the
Equipment, 10% of the cost of repairs, or $500, plus applicable state and local
taxes, from losses arising from theft of or direct physical damage to the
Equipment. ii. USER. Customer agrees that Customer, or a
permissive user of a Customer, will be the only driver of any Rental Solutions
vehicle, and that Customer will not use the vehicle in violation of any terms
of this Rental Agreement or law. iii.
EXCLUSIONS. Rental Solutions will
not waive a claim for loss or damage to tires and tubes caused by blow out,
bruises, cuts, punctures or other causes inherent in the use of the Equipment;
or resulting from intentional abuse of the Equipment. Such losses shall remain subject to Section 9
above. iv. FEE. Customer shall pay a fee equal to 15% of the
charges under the Rental Agreement in exchange for participation in RPP as set
forth in this Section.