Terms & Conditions
1. AUTHORITY TO SIGN. Any individual signing the 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 or on behalf of the Lessee.
2. EQUIPMENT TITLE: At all times title to the Equipment covered by this Rental Contract remains in Trench Plate® Rental Co. (TPR). This Rental Contract does not, and is not intended to, create any security interest in such Equipment.
3. RENTAL PERIOD AND CALCULATION OF CHARGES: Rent for the Equipment shall be payable for the period beginning the date TPR delivers the Equipment to Lessee at TPR’s yard or Lessee’s site through the date Lessee returns the Equipment to TPR’s yard or informs TPR by telephone or in writing, that TPR should pick up the Equipment. Accrued rent, transportation, labor, and all other charges are payable on TPR’s demand. If full payment is not received by TPR within ten (10) days after demand, TPR may terminate this Rental Contract, enter Lessee’s site and remove any or all Equipment without notice or liability for damages to Lessee’s property or other damages of any kind. Lessee shall pay the rental charge(s) without any offsets, deductions or claims.
4. PAYMENT: Any portion of an invoice not paid within thirty (30) days of the date of invoice shall bear interest at the rate of one-and-one half percent (1 ½%) per month. In the event that the interest rate herein is usurious under applicable State law, Lessee agrees to pay the highest rate of interest that is not usurious.
5. RECEIPT & INSPECTION OF EQUIPMENT: Lessee acknowledges that Lessee has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Lessee’s needs. Lessee is familiar with the proper operation and use of each item of Equipment. Lessee has inspected or will inspect all hitches, bolts, safety chains, hauling tongues and other devices and materials used to connect the Equipment to Lessee’s towing vehicle, if any. TPR is not responsible for any damage to Lessee’s towing vehicle.
6. USE OF EQUIPMENT: Lessee 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. Lessee agrees, at Lessee’s sole expense, to comply with all applicable municipal, state and federal laws, ordinances and regulations (including O.S.H.A.), which may apply to the use of the Equipment. Lessee agrees to check filters, oil, fluid levels and tire pressure, to clean and visually inspect the Equipment daily and to immediately notify TPR when Equipment needs repair or maintenance. Lessee acknowledges that TPR has no responsibility to inspect the Equipment while it is in Lessee’s possession.
7. CARE AND CONTROL OF EQUIPMENT: Lessee shall care for, control and be responsible for the Equipment from the time it is delivered to Lessee until returned by Lessee to TPR’s yard or TPR physically begins to remove them. Lessee shall not move the Equipment from one job site to another location without TPR’s prior written consent.
8. WEAR AND TEAR, DAMAGE: Except for reasonable wear and tear in normal use, Lessee is strictly liable for any and all loss or damage to the Equipment whether caused by Lessee, third persons, acts of God or otherwise, until TPR physically begins to remove them from the job site or Lessee returns them to TPR’s yard. At TPR’s sole discretion, damaged Equipment will be repaired, and the costs of such repair will be charged to Lessee in addition to any rental due. If any Equipment is damaged beyond repair or lost, rent shall accrue at the applicable daily rate to the date the damaged Equipment is returned to TPR or Lessee informs TPR that the Equipment is lost. In such event, Lessee agrees to pay in addition to all rent due, the replacement cost of like Equipment produced from new material.
9. DISCLAIMER OF WARRANTIES: TPR 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 LESSEE’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS RENTAL CONTRACT. TPR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION.
10. WAIVER OF CONSEQUENTIAL DAMAGES: LESSEE WILL NOT BE ENTITLED TO RECOVER, AND HEREBY DISCLAIMS AND WAIVES ANY RIGHT THAT LESSEE MAY OTHERWISE HAVE TO RECOVER CONSEQUENTIAL DAMAGES AS A RESULT OF BREACH OR ALLEGED BREACH BY TPR OF ANY AGREEMENT OR OBLIGATION OF TPR CONTAINED IN THIS RENTAL CONTRACT.
11. INDEMNITY: Lessee shall protect, hold free and harmless, defend and indemnify TPR from all liability, costs, losses, damages, expenses, causes of action, claims or judgments resulting from injury to or death sustained by any person (including Lessee’s employees) or damages to property of any kind, which injury, death or damage arises out of or is in any way connected with Lessee’s rental and/or lease of TPR’s material or equipment; except that this agreement shall not be applicable to injury, death or damage to property arising from sole negligence or sole willful misconduct of TPR.
12. LESSEE’S INSURANCE COVERAGE: Lessee agrees to maintain and carry, at its sole cost, adequate liability, physical damage, public liability, property damage and casualty insurance for the full replacement cost of the Equipment, including all risks of loss from any damage or liability arising from the handling, transportation, maintenance, operation, possession or use of the Equipment during the entire Rental Period. When requested, Lessee shall supply to TPR proof of such insurance by Certificate of Insurance clearly setting forth the coverage for the Equipment and naming TPR as loss payee and Additional Insured; such insurance and evidence thereof to be in amounts and form satisfactory to TPR. The Certificate of Insurance and policy shall provide that TPR shall receive not less than 30 days notice prior to any cancellation of the insurance required hereunder.
13. COST OF COLLECTION: If any action is instituted by TPR for the recovery of any rent, expenses, costs of repair, or other damages or claims pursuant to this Rental Contract, then, as additional damages, Lessee shall pay reasonable attorneys fees and costs incurred by TPR in pursuing such action.
14. ENTIRE AGREEMENT / ONLY AGREEMENT: This Rental Contract represents the entire agreement between the Lessee and TPR 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 TPR’s rights or Lessee’s rights may be changed and no extension of the terms of this Rental Contract may be made except in writing, signed by both TPR and Lessee. Any use of Lessee’s purchase order number on this Rental Contract is for Lessee’s convenience only. This Rental Contract supersedes any purchase order or other Lessee provisions or forms whether sent to or received prior, or subsequent to this Rental Contract.
15. Any failure of TPR to insist upon strict performance by Lessee of any terms and conditions of this Rental Contract shall not be construed as a waiver of TPR’s right to demand strict compliance.
16. In accordance with the provisions of Reg 1686(b)(2), Lessor and Lessee acknowledge that no California sales or use tax is payable by Lessee on any lease rentals payable to Lessor under this Agreement pursuant to the provisions of Revenue & Taxation Code Section 6006(g)(5), Revenue & Taxation Code Section 6010(e)(5) and Cal. Code Regs. Section 1660(c)(2) due to the fact Lessor paid sales tax upon its original acquisition of the Leased Equipment and the Leased Equipment is being leased to Lessee in substantially the same form as acquired by Lessor.