PRODUCTS & EQUIPMENT | Rental Terms & Conditions
RENTAL TERMS AND CONDITIONS
- RENT AND OTHER PAYMENTS: Customer shall pay Intermountain Concrete Specialties (“ICS”) each rental installment on or before each succeeding Payment Date, without demand, deduction or offset. “Customer” is identified on the front side hereof and includes any of its representatives, agents (actual or apparent), officers, or employees and anyone signing this Contract on their behalf. The parties agree that any person signing this agreement has either the actual or apparent authority to obligate Customer to these contractual obligations. If Customer defaults in the payment of any sum of money to be paid under this Agreement, Customer shall pay ICS, as additional rent, interest on such unpaid sum from its due date to the date of payment at the Maximum Rate.
- AGREEMENT: This Agreement becomes binding on ICS only upon ICS’s execution of this Agreement. Customer shall inspect the Equipment immediately upon its receipt and shall be conclusively deemed to have accepted the Equipment in good and operating condition unless the Customer promptly notifies ICS of any defects, in writing and via telephone. ICS shall have the right, at its option, to either repair or replace the Equipment, or terminate this Agreement, in which event the Equipment shall be returned to ICS. Delays in delivery shall be excused if caused by any cause beyond the reasonable control of ICS.
- TITLE: Title to the Equipment shall at all times remain in ICS. Customer, at its expenses, shall protect and defend the title of ICS and keep it free of all claims and liens. All replacements, repairs, improvements, alterations, substitutions and additions shall constitute accessions to the Equipment and title thereto shall vest in ICS, at all times the Equipment will remain the personal property of ICS.
- LOCATION OF EQUIPMENT: Customer shall not remove the Equipment from the location set forth on the front page of this Agreement, without ICS’s written consent. Customer represents that the Equipment will not be affixed to any real estate or other goods so as to become fixtures on such real estate or accessions to other goods.
- USE: Customer agrees that ICS has no control over the manner in which the equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits. Customer warrants that: (1) prior to each use, Customer has or will inspect the Equipment to confirm that it is in good working condition, without defects, includes readable decals and operating and safety instructions and is suitable for Customer’s intended use; (2) any apparent agent at the location listed by Customer for delivery is authorized to accept delivery of the Equipment; (3) The Equipment will at all times be used and operated solely in the conduct of Customer’s business and not for personal, family or household use, and in accordance with the operation, use and/or instructional materials supplied to Customer; (4) Customer will comply with all applicable laws, acts, rules, regulations and orders affecting the Equipment or use thereof and shall be responsible for obtaining all authorizations, licenses, and certifications to operate the Equipment; (5) the Equipment will be used solely for the purpose for which it was designed and intended, and will not be abused; and, (6) Customer will only allow skilled operators trained in use of the Equipment to operate the Equipment. Customer shall operate the Equipment with reasonable care and diligence and use reasonable precautions to prevent loss, damage, or injury; (7) Customer will notify ICS as quickly as possible if owner/user’s manual is not provided with machine. ICS hereby disclaims any liability related to the use of the machine by Customer if Customer fails to notify ICS that the owners/users’ manual was not provided prior to Customer’s use of the machine.
- REPAIRS AND MAINTENANCE: Except for repair costs covered by an express ICS or manufacturer warranty, if any, Customer, at its expense shall: (1) keep the Equipment in good working order, (2) pay all costs, expenses, fees and charges incurred in connection with the use or operation of the Equipment including, but not limited to maintenance, storage and servicing, and pay ICS, upon demand, its regular charges for any parts or labor furnished in making any repairs. Customer’s maintenance obligations shall include, but not be limited to, the performance of all daily maintenance recommended in applicable manufacturer operation, lubrication and/or maintenance guides (“Daily Maintenance”). In connection with the performance of Daily Maintenance, Customer shall (i) be responsible for all cleaning of the Equipment as required for maintenance, including but not limited to removal of brush or debris from undercarriage, belly pans, radiator and engine compartment; (ii) be responsible for notifying ICS of any unusual noises or problems with respect to the Equipment; and (iii) be responsible for making the Equipment available for maintenance and inspection by ICS. The parties further agree that the Customer shall not provide any repairs to the equipment without the prior written approval of ICS’s legal department.
- Taxes: Customer shall pay all taxes, fees, assessments and other governmental charges of any kind or character on or relating to the Equipment.
- LOSS AND DAMAGE: Customer assumes all risk of, and shall be solely responsible for, all damage and loss to the Equipment from any cause whatsoever, whether or not such loss or damage was or was not the result of Customer’s negligence or lack of care, or could have been covered by insurance. The Agreement shall not terminate and there shall be no abatement, reduction, suspension or deferment of Rental Installments for any reason, including damage to or loss of the Equipment. Customer shall promptly give ICS written and telephone notice of any loss or damage, describing in detail the cause and the extent of such loss or damage. Customer shall notify appropriate law enforcement authorities within two (2) hours of discovery of theft or vandalism. ICS shall not be liable and Customer waives any claim it might have (i) for injury to Customer’s business or any loss of income therefrom; (ii) for damage to the property of Customer, or (iii) for injury to the person of Customer or Customer’s agents, representatives and employees or caused in any way by the Equipment. ICS will not be responsible for sums spent by customer in an attempt to recover the rented machine, Customer should immediately contact ICS and ICS will attempt to recover the machine.