EQUIPMENT RENTAL AGREEMENT TERMS AND CONDITIONS
This Equipment Rental Agreement ("Agreement") is made between MISTER RENT LLC ("Company") and the individual or entity identified on Page 5 ("Renter"). By signing this Agreement, the Renter agrees to the terms outlined below.
1. GENERAL TERMS
1.1 Provision of Equipment:
The Company will provide the tools, vehicles, or large equipment (collectively, "Equipment") as described on Page 5 in good working condition and "as is."
1.2 Master Agreement Supremacy:
If there is a conflict between this Agreement and a Master Rental Agreement (MRA), the terms of the MRA will prevail.
1.3 Obligations Upon Return:
The Renter must return the Equipment by the expiration of the Rental Period in the same condition as received. Failure to do so may result in additional charges.
2. PAYMENT TERMS
2.1 Charges:
All charges, including rental fees, taxes, and any applicable additional costs, must be paid at the commencement of the Rental Period or upon request by the Company.
2.2 Authorization and Disputes:
- The Renter authorizes the Company to charge all amounts due to the credit card on file.
- Disputes must be submitted in writing within 25 days of the invoice. Disputes filed beyond this period will be deemed waived.
2.3 Late Payments and Collections:
Late payments will accrue interest at the highest rate permitted by law. The Renter is responsible for all collection costs, including legal and administrative fees.
3. USE OF EQUIPMENT
3.1 Permitted Use:
The Renter agrees to:
3.2 Prohibited Uses:
The Renter is prohibited from:
- Subleasing, transferring, or selling the Equipment.
- Operating the Equipment while under the influence of alcohol or drugs.
- Tampering with, altering, or vandalizing the Equipment.
3.3 Equipment Maintenance:
- The Renter is responsible for maintaining proper fuel levels. Failure to refill will result in a $10 per gallon charge.
- Any damage or operational issues caused by neglect or misuse will be the Renter's responsibility.
3.4 Return Condition:
- The Equipment must be ready for pickup or return as specified in the Agreement.
- A $100 cleaning fee will apply if returned excessively dirty.
4. LIABILITY AND INDEMNITY
4.1 Renter's Responsibility:
The Renter assumes all risks associated with the possession, operation, and use of the Equipment, including injury, property damage, or financial loss.
4.2 Damage and Loss:
The Renter is liable for all loss or damage to the Equipment, regardless of fault. Charges for repairs or replacement will be applied to the payment method on file.
4.3 Indemnification:
The Renter agrees to indemnify and hold the Company harmless from any claims, damages, or losses arising out of the Renter’s use of the Equipment.
5. REPOSSESSION AND REMEDIES
5.1 Repossession:
The Company reserves the right to repossess the Equipment without prior notice and at the Renter’s expense if:
- The Equipment is not returned at the expiration of the Rental Period.
- The Equipment is used in violation of this Agreement or applicable laws.
- The Renter fails to make payment as required.
5.2 Legal Action:
Failure to return the Equipment or pay amounts due will be considered evidence of abandonment or refusal to redeliver. This may result in legal action, including criminal prosecution under Virginia Code § 18.2-118.
6. LIMITATION OF LIABILITY
6.1 Disclaimer of Warranties:
The Company provides the Equipment "as is" and disclaims all warranties, including implied warranties of merchantability or fitness for a particular purpose.
6.2 Limitation on Damages:
The Company will not be liable for any indirect, incidental, or consequential damages, including loss of profits or productivity, resulting from the rental.
7. DEFAULT AND ENFORCEMENT
7.1 Default:
The Renter is in default if the Equipment is not returned as required or any terms of this Agreement are violated.
7.2 Enforcement:
The Company may:
- Recover possession of the Equipment.
- Charge additional rental fees for the delay.
- Seek reimbursement for all recovery and legal costs.
8. TELEMATICS AND MONITORING
The Equipment may include telematics to track location, fuel levels, and operational status. The Company reserves the right to use this data to ensure compliance with this Agreement and locate lost or stolen Equipment.
9. GOVERNING LAW
This Agreement is governed by the laws of the State of Virginia. Any disputes will be resolved in Virginia courts.
10. SEVERABILITY
If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Company and the Renter. No amendments will be binding unless made in writing and signed by both parties.
TERMS OF RENTAL
- Equipment must be returned fully fueled. A $10 per gallon fee applies for non-filled returns.
- Excessive dirt or debris on returned Equipment will result in a $100 cleaning fee.
- The Renter is responsible for damage, theft, or improper use, including towing costs for stuck Equipment.
Acknowledgment and Acceptance:
By signing below, the Renter agrees to all terms of this Agreement and accepts full responsibility for the Equipment during the rental period.
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