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:
1. 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.
2. Customer is responsible for any additional fees assessed by the landfill for certain items such as tires, appliances, etc.
3. 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.
4. 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.
5. 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.
6. 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.