Rental Contract

EQUIPMENT RENTAL AGREEMENT This Equipment Rental Agreement (this “Agreement”) is entered into by and between Lessor and Lessee. Pursuant to this Agreement, Lessor will rent to Lessee the equipment described on the signature page hereto (the “Equipment”) subject to the terms and conditions set forth herein. In consideration of the mutual covenants and agreements set forth herein, the parties to this Agreement hereby agree as follows:

1. INSPECTION. Lessee acknowledges (a) that Lessee has personally inspected the Equipment and finds it suitable for Lessee’s needs and in good condition, (b) that Lessee understands its proper use and agrees to inspect the Equipment prior to use and notify Lessor of any defects.
2. LOADING, UNLOADING, AND TRANSPORTING THE EQUIPMENT. a. If Lessor’s employees assist in loading or unloading the Equipment, Lessee agrees to assume the risk of, and hold Lessor harmless from, any property damage or personal injuries, including damage or injuries attributable to the negligence of Lessor and its employees. b. Lessee agrees to inspect all trailer coupling mechanisms and safety chains before leaving Lessor’s premises. Lessee agrees to inspect the Equipment at least every 100 miles and to maintain the coupling and chain in a safe and secure condition.
3. USE OF THE EQUIPMENT. Use of Equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: a. Use for illegal purposes or in an illegal manner. b. Improper use, unintended use, or misuse. c. Use by anyone other than Lessee or Lessee’s employees without Lessor’s written consent. d. Excluding trailers, use at any location other than the address(es) set forth on the signature page hereto without Lessor’s written consent.
4. REPLACEMENT OF THE EQUIPMENT. If the Equipment becomes unsafe or in disrepair, Lessee agrees to discontinue use and notify Lessor who will, subject to availability, replace the Equipment with similar equipment in good working order. Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise related to the replacement of Equipment.
5. ASSIGNMENTS, SUBLEASES, AND LOANS OF THE EQUIPMENT. Lessor may assign its rights under this Agreement without Lessee’s consent. Lessee may not sublease or loan the Equipment without Lessor’s written consent. Any purported assignment, sublease or loan of the Equipment by Lessee without Lessor’s written consent shall be void.
6. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS EITHER EXPRESS OR IMPLIED. There is no warranty that the Equipment is suited for Lessee’s intended use or that it is free from defects.
7. ASSUMPTION OF RISK, DAMAGES, AND ALLOCATION OF FEES. a. Lessee assumes the risks of and holds Lessor harmless from any damages (to property or otherwise) or liability arising from personal injuries related to the use of the Equipment or arising from Lessor’s negligence. Lessee shall indemnify and hold Lessor harmless from any claims made by third parties for loss, injury, or damage to their persons or property arising out of Lessee’s possession, use, maintenance, or return of the Equipment, including legal costs incurred in defense of such claims. b. Lessee will immediately notify Lessor in the event of any accident involving the Equipment. c. Lessor is not liable for damage to Lessee’s bumper or automobile done by detachable hitches. d. Lessee agrees to pay for all damages to the Equipment, regardless of cause, except for reasonable wear and tear while the Equipment is out of the possession of Lessor. Equipment damaged beyond repair will be paid for by Lessee at its replacement cost when rented. e. Lessee agrees to pay all reasonable collection, attorneys and court fees, and other expenses involved in the collection of the charges or enforcement of Lessor’s rights under this contract.
8. DAMAGE WAIVER. a. Subject to Section 8(b) below, in connection with the rental of the Equipment, Lessee must purchase a damage waiver from Lessor for [15% of the gross rental amount] (the “Damage Waiver”) pursuant to which Lessor will waive Lessor’s right to recover direct costs (up to a maximum of $[5000]) arising from the damage or destruction of the Equipment while it is in the possession of Lessee. The Damage Waiver is not an insurance policy or a warranty. The following damages are excluded from the Damage Waiver: i. Loss or damage caused by vandalism, malicious mischief, or theft. ii. Loss, damage, or theft of accessory equipment, such as electric cords, hoses points, chisels, floor polisher brushes, etc. iii. Loss or damage resulting from overloading, exceeding rated capacity, misuse, abuse, or improper servicing of the Equipment. iv. Damage to tires and tubes caused by a blowout or bruises, cuts, or other bodily injury inherent in the use of the Equipment. v. Loss due to disappearances or wrongful conversion by a person entrusted with Equipment. vi. Loss or damage caused by a third party not associated or related to Lessee. vii. Loss or damage arising from negligence or neglect by Lessee. b. Lessee may decline the Damage Waiver if Lessee provides to Lessor proof of an insurance policy held by Lessee that names Lessor as additional insured and loss payee on such policy. Providing Lessor with such an insurance certificate removes the Damage Waiver on all future rentals and may not be used retroactively by Lessee.
9. LESSEE REPRESENTATION. Lessee represents to Lessor that Lessee is neither the manufacturer of the Equipment nor an agent of the manufacturer.
10. RETURN OF THE EQUIPMENT. a. Lessee’s right to possession of the Equipment terminates on the expiration of the rental period set forth on the signature page hereto. Retention of the Equipment after this time constitutes a material breach of this Agreement. Time is of the essence in this Agreement. Any extension to the rental period must be mutually agreed upon in writing. Lessor may report as stolen all personal property not returned within the rental period. b. Upon the termination of the rental period, Lessee shall return the Equipment to Lessor’s premises during Lessor’s regular business hours in the same condition as the Equipment was rented, aside from reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Lessor’s regular business hours.
11. TERMINATION. Upon (a) Lessee’s failure to pay the rental fees set forth on the signature page hereto or (b) Lessee’s breach of any term in this Agreement, Lessor may immediately terminate this Agreement. Upon termination, Lessor is entitled to take possession of the Equipment, regardless of location, and Lessor and Lessor’s agents shall not be liable for any damages arising from the removal of the Equipment.
12. OVERDUE ACCOUNTS. The rental fees set forth on the signature page hereto are due and payable at the termination of the rental period. A service charge may be assessed on all overdue accounts. ACCEPTING THE TERMS & CONDITIONS DIGITALLY WILL SERVE AS ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS CONTRACT IN REPLACEMENT OF PHYSICAL SIGNATURE. 2 © 2023 Quipli, Inc. The parties have executed this Agreement as of the date first set forth above. Burke RentEquip LLC (706) 871-9034 | [email protected] Dumpster Rental Terms and Agreement I, (Customer requesting service), agree to the following terms and conditions for rental of described services. Pricing & Payments:
13. Customer agrees to pay (base fee) for the dumpster which includes up to 2 tons of materials as well as any additional fees including special item fees, overages incurred due to overloading or additional days requested by the Customer. The dumpster fee includes up to 2 tons, however due to strict weight limitations and associated dump fees any additional materials will be billed at $65 per ton above 2 tons.
14. Customer is responsible for any additional fees assessed by the landfill for certain items such as tires, appliances, etc.
15. The dumpster rental includes use for up to the scheduled amount of days. If the dumpster is kept longer the scheduled pick up date, there will be an additional fee of $10.00 a day.
16. Payment for all base fees as well as any known additional rental time will be due before delivery of the dumpster. Any additional fees due to overweight or other fees not paid upon delivery are due within 14 days of dumpster pick up.
17. Any unpaid balance after 14 days will start to accrue 15% interest from the date of dumpster pick up until paid in full. There will be a minimum of a $25 late fee.
18. If paying by check and the check is returned for insufficient funds from the banking institution the Customer is responsible for a returned check fee of $35. Dumpster Use: ● While refuse dumpsters are in your possession, you will NOT place or allow to be placed into the dumpster: ● Substances hazardous to health such toxic or corrosive materials or liquids. ● Liquids of any kind whether contained or not. ● Cans, drums or other container of any kind unless emptied and crushed and incapable of carrying any liquid. ● Medical waste or animal carcasses of any kind. ● Any material not listed above however considered unsuitable for containment e.x. malodorous waste, asbestos, paint, tires, gas bottle, fluorescent tubes, light bulbs, vehicle batteries, household appliances such as but not limited to refrigerators, conventional ovens, microwave ovens, washer, dryer, ● Extremely heavy material such as rock, dirt, or concrete. Please let us know and we can help you dispose of such heavy items in a more efficient manner. ● All refuse shall remain within the confines of the dumpster and shall not exceed the top or sides. Every attempt shall be taken to equally disperse the weight of the refuse within the dumpster. ● Customer shall be liable for any loss or damage to rented equipment in excess of reasonable wear and tear. ● Appliances are also not to be put in the dumpster but can be disposed of separately for an additional fee. Special Item Fees (Not included in Flat Rate Pricing) Paint Cans up to 1 Gal. - $9 each Paint Cans over 1 Gal. - $13 each Chemicals up to 1 Gal. - $11 each Chemicals over 1 Gal. - $17 each Washers & Dryers - $20 each A/C Units - $20 each Stoves & Ovens - $20 each Freezers/Refrigerators - $20 each Tire with rim - $25 each Tire without rim: $10 each Access and Ground Conditions: The Customer will be responsible for the provision of free and suitable access to and from the delivery site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for delivery, placement and removal of the dumpster. No responsibility will be accepted for the damage to any surface and you should therefore take steps to protect surfaces (e.g. paving slabs, soft ground) before delivery. Should the container cause damage to concrete or asphalt during loading or unloading. Burke RentEquip is only responsible if this is due to our negligence. We have specifically identified that heavy container may cause damage. Should the Customer fail to return the container, Burke RentEquip maintains the right to enter upon the premises where the container may be without notice and take possession of and remove it at the Customer’s expense all without legal process, the Customer hereby waving any claims for damages from any such entry or removal.