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.

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.