Ordering Terms & Conditions

 

SALES - TERMS AND CONDITIONS

You can view the Sales Terms & Conditions PDF by Clicking here.

PURCHASES SECTION


CAUTION TO THE CONSIGNEE (RECEIVER) OF GOODS ORDERED!

In the rare case of a damaged shipment, the customer must note any irregularities on the Bill of Lading. Carton (box) holes, dents, tears, etc. should be noted on the form the driver gives you to sign when you are accepting delivery.

If you sign for a package and DO NOT note any irregularities there is little Discount-Equipment.com, Inc. or the Manufacturer can do.

If you open the package and there is hidden damage you have 15 days to contact the delivering Freight Line. Please retain the original containers and packing for the inspectors.

If severe damage is present, you should refuse shipment and call Discount-Equipment.com, Inc. immediately.

If for any reason you are not satisfied with your purchase please call Discount-Equipment.com, Inc.

Do Not cancel your order with your credit card company, this will only delay any refund or credit due! Instead, contact a Discount-Equipment.com, Inc. Representative at 1-561-964-4949, or e-mail: info@discount-equipment.com.

PLEASE READ BEFORE ENTERING ORDER
  1. Your Credit Card will be charged in full at the time the order is processed.
  2. International Cards and Credit Cards from Outside the U.S. Must Add 3.30%
  3. Allow 7 - 14 days delivery on in stock items for standard shipments
  4. Any Orders Canceled are subject to a 25% (twenty five percent) restocking charge, plus all applicable inbound and outbound freight. The customer is responsible for returning all merchandise to the warehouse determined most appropriate by Discount-Equipment.com, Inc.. All packaging must be in original and sellable condition. Any alterations to original packaging may result in additional charges above the 25% restocking charge. No orders can be returned after 30 days from purchase. (Example: Items returned in a box other than the original packaging, it makes it impossible to sell as new merchandise)
  5. Any Order that has VISIBLE DAMAGE must be refused. Please notify the Discount-Equipment.com, Inc. online sales department of this refusal and we will reship your order in a timely manner. If an item has "Hidden Damage," please notify the Discount-Equipment.com, Inc. Sales online sales department immediately. We will document "Hidden Damage" and reship your order in a timely manner.
  6. Some of our items have "FREE FREIGHT" status; however, "FREE FREIGHT" DOES NOT INCLUDE Residential, Tailgate, Re-Delivery or any other additional service that a commercial freight carrier may offer. Any additional services offered by a commercial freight carrier as listed above are the sole responsibility of the customer receiving the shipment. These services can be arraigned in advance; however, the cost associated with these services are collected C.O.D. by the delivering freight line. "FREE FREIGHT" as indicated on the Discount-Equipment.com, Inc. site is considered "Curb Side Delivery Only" to one location. It is therefore understood that the customer receiving his/her shipment must have the means of removing the merchandise off the back of a commercial freight truck. There is always an option that the customer may retrieve his/her shipment from a local freight terminal at no additional charge, but the location of this terminal may vary. If you have any questions please call our online sales department at 1-561-964-4949 and ask for assistance.
  7. "FREE FREIGHT" Does not include ANY Next Day, Second Day or Third Day AIR Shipments. These shipments are available for items weighing less than 60 lbs at an additional cost.
  8. All "FREE FREIGHT" is limited to the Continental US only. Shipments to Alaska, Hawaii or any locations outside the Continental United States will not receive "FREE FREIGHT". We will, however, deliver to any freight forwarder or shipping point within the continental US at no additional cost if the item(s) has/have "FREE FREIGHT" Status.
  9. "FREE FREIGHT" does not apply to canceled orders. If the customer cancels an order with a "FREE FREIGHT" status, all applicable inbound and outbound freight charges will apply in addition to the 25% restocking fee described elsewhere in the "Online Ordering Terms & Conditions."
SHIPPING & HANDLING POLICY

Your order will be processed and your credit card will be charged for the amount in your shopping cart. Your order will be processed during normal business hours Monday to Friday 7:00am to 4:00pm EST. Orders placed after 12:00 p.m. (Noon) EST will not ship till the following business day Monday - Friday (Excluding Holidays) if in stock. There will be a second charge to your credit card for the Shipping & Handling fees once the items have been released from the warehouse. You will be notified (Via Email) of the total amount billed after the process has been completed. Some orders will have tracking information available from the shipping company. Once you have selected your desired freight method we will charge your credit card for the items you purchased exclusive of Shipping & Handling fees. Please see the types of freight options listed below for you to choose.

TYPES OF FREIGHT OPTIONS TO CHOOSE FROM

Ground Service (UPS / FedEx / DHL 3-7 business days delivery based on distance to destination) $25.00 or Higher

3 Day Select (UPS 3 business delivered by end of day) $40.00 or Higher

2 Day Air Select (UPS 2 business delivered by end of day) ***Expensive minimum cost of $60.00 & Higher***

Next Day Air Saver (UPS next business day typically by 3:00 p.m.) ***Expensive minimum cost of $80.00 & Higher***

Next Day Air (UPS next business day typically by 3:00 p.m.) ***Extremely Expensive minimum cost of $90.00 & Higher***

Next Day Air Early A.M. (UPS next business day typically by 8:00 a.m.) ***Extremely Expensive minimum cost of $110.00 & Higher***

Saturday Next Day Air (UPS Saturday delivery typically by 3:00 p.m.) ***Extremely Expensive minimum cost of $125.00 & Higher***

Truck / Common Carrier (items that are too large in size or weight for UPS / FedEx package options) LTL Freight Carrier, costs of $150 & higher

(Prices quoted next to the shipping options are just examples. Prices could be much higher based on the size, weight and destination.)

PARTS ORDERS SHIPPING POLICY
  1. All parts order have an extra charge for drop shipping to a Non Discount-Equipment.com, Inc. facility the Drop Ship Fee ranges in cost from $10.00 - $35.00 depending on the manufacture.
  2. Some manufactures also charge a Handling / Processing Fee that range in cost from $5.00 - $15.00. ***If you would like to know if your order will qualify for this charge please ask in the comment section of your order to request cost prior to processing order.***
  3. If you would like your order to ship complete please note this also in your comment box. If not order will be placed and will be shipped to you in multiple orders as parts are available from supplier. ***Please note some orders come from different warehouses so you will be charged for multiple shipping cost but only charged one of the Drop Ship Fee & Handling / Processing Fee.***
TRUCK DELIVERIES - (DOES NOT APPLY TO UPS DELIVERIES)

Commercial Truck Freight Lines offer what is termed "Curb-Side Delivery." Defined, curb-side delivery means it is the customer's responsibility to have the means to unload whatever is being delivered. For example, the customer must have a forklift, loading dock, or some other means to safely remove items from a truck too heavy to remove by hand. FREE FREIGHT, according to the Terms & Conditions of the Discount-Equipment.com, Inc. website means that Discount-Equipment.com, Inc. will pay all inland freight charges; however, and as defined above, this does not mean that we will pay for any residential, tail-gate, change of address or any additional charges that might accrue by services other than the basic freight delivery.

Discount-Equipment.com, Inc. may request that the delivering freight line call the customer prior to delivery to make additional arraignments, although it is not the responsibility of Discount-Equipment.com, Inc. to contact customers with delivery information. Any delivery information Discount-Equipment.com, Inc. provides to customers in advance of receipt is done as a courtesy. Whenever possible, Discount-Equipment.com, Inc. will provide PRO tracking numbers to customers via e-mail; however, any customers who require PRO tracking information should contact Discount-Equipment.com, Inc. at 1-561-964-4949. Any costs for these additional services (Tailgate, Residential, etc) are the customer's responsibility.

The three options available for truck deliveries are the following:

  1. Business/Commercial Deliveries - No additional charges will be charged to the customer as long as that customer has a forklift or dock where the merchandise can de unloaded from the tractor trailer. Customer's requireing "Tailgate Service" could be charged for that service. Discount-Equipment.com, Inc. is not responsible for that charge. Tailgate Charges may vary.
  2. Residential Deliveries - Commercial Freight Lines have the right to charge an additional fee(s) over the basic freight charge (Discount-Equipment.com, Inc. pays for basic freight deliveries only) for Residential Deliveries with or without tailgate service. This/these fee(s) is an additional charge imposed by the freight line. Discount-Equipment.com, Inc. is not responsible for these charges. Customers can arrange for additional service with the freight line and pay them directly. Residential/Tailgate Charges may vary.
  3. Terminal Pick Up: If you choose not to have your shipment sent to a residential address or the business location. In most cases, the best option is terminal pick up. Many terminals have extended and weekend hours. Discount-Equipment.com, Inc. will provide local terminal phone numbers to customers in order for customers to arrange for terminal pick up.

Discount-Equipment.com, Inc. suggests that customers consider one of the above mentioned deliveries prior to/or during the order placement process. Discount-Equipment.com, Inc. also requests that customers specify shipping instructions during the ordering process to ensure timely and accurtae delivery. If you order online please indicate in the appropriate fields what delivery means you would like to use, or call Discount-Equipment.com, Inc. at 561-964-4949.

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY

WHAT IS CREDIT CARD FRAUD? Credit card fraud can occur in many different ways: If you use your credit card to order products and then claim that you did not authorize the transaction, you falsely claim that the product was never received.

HOW DOES Discount-Equipment.com, Inc. PROTECT ME FROM FRAUD? Discount-Equipment.com, Inc. receives an address verification on every order we process, if the billing address given to us does not match the billing address on the credit card used we will contact you via the phone numbers provided by you to the issuing bank of the credit card. We will ask you to provide us with the correct billing address for the credit card and verify the order with you. All suspicious orders and those without a billing address match are delayed until we believe that the order is legitimate. Our policies help ensure that credit card fraud does not take place, we apologize for any inconvenience that this may cause our legitimate customers. Discount-Equipment.com, Inc. Sales is vigilant about credit card fraud and does everything in its power to ensure secure, online ordering via credit card and other means. Since anyone can purchase a product on-line and have it shipped anywhere in the world, Discount-Equipment.com, Inc. take all necessary precautions to protect itself and its customers.

  1. INSPECTION. Customer acknowledges that he has had an opportunity to personally inspect the equipment, and finds it suitable for his needs and in good condition, and that he understands its proper use. Customer further acknowledges his duty to inspect the equipment prior to use and notify Dealer of any defects.

WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS.

  1. TIME OF PAYMENT. Accounts are due and payable at the termination of the rental period. A carrying charge of 1.5% per month (ANNUAL RATE OF 18%) will be charged on all overdue accounts.
  2. COLLECTION & VENUE COSTS. Customer agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of Dealer’s rights under this contract. Customer agrees that this agreement is to be construed under the laws of the State of Florida, and that if legal action is brought to enforce this agreement, that Palm Beach County, Florida, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Dealer and Customer at a later time.
  3. REPOSSESSION. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.
  4. SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
  5. LOADING AND UNLOADING EQUIPMENT. Customer is responsible for loading and unloading equipment. If Dealer’s employees assist in loading or unloading the equipment, Customer agrees to assume the risk of, and hold Dealer and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Dealer.
  6. PROPERTY DAMAGE. Not responsible for any damage whatsoever as a result of on-the-job deliveries or pick up by Dealer.
  7. FEES, LICENSES, PERMITS, TAXES AND FINES. The Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer’s use or operation of the vehicle/equipment.
  8. LIABILITY INSURANCE. The vehicle/equipment is covered by a liability insurance policy which provides coverage to the Customer in excess to and secondary to any liability insurance held by the Customer. This coverage is in accordance with the minimum requirements under applicable state law and does not include underinsured/ uninsured coverage, except where required by law. Coverage is excluded where: (1) the vehicle/equipment is operated in violation of this Agreement; or (2) the loss results from intentional or criminal actions of the Customer. Coverage is also excluded for loss or damage to property owned by or in the possession of the Customer or for any injuries of any nature whatsoever to the Customer’s agents, employees, guests, members of the Customer’s household or other occupants of the vehicle/equipment.
  9. OTHER LIABILITY. The Customer assumes all risks from the improper use of the vehicle/equipment. The Customer is responsible for damages to the Customer’s property or goods in storage or in transit, or for any property left or stored in the vehicle/equipm ent, or elsewhere in the renting location. The Customer agrees not to hold the Licensee liable for damages from down time, materials or other consequential damages resulting from the use of the vehicle/equipment. The Customer releases and holds Licensee, its agents a nd employees harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses ar ising out of the Customer’s use or possession of the vehicle/equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the vehicle/equipment by the Customer, or its drivers, agents or employees, or for the confiscation of the vehicle/equipment by any governmental authority because of illegal or improper use. The Customer shall additionally hold Licensee harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of injury, death or property damage arising out of the Customer’s use of the vehicle/equipment. Neither the Customer nor any other driver of the vehicle/ equipment shall be deemed the agent, servant or employee of the Licensee for any reason or a ny purpose. During the term of this Agreement, the Customer assumes full responsibility for the vehicle/equipment to the public and any regulatory body having jurisdiction.

 

  1. FREIGHT. Common carrier ground service to commercial address within continental United States only. Any additions, i.e., overnight, lift gate, residential service are at the Customer’s expense. Unless freight is predetermined, this may appear as a second debit on your credit card, as actual freight expense often cannot be determined until shipment is processed and released to its destination.

ADDITIONAL TERMS AND CONDITIONS FOR SALES

CUSTOMER’S DECLARATION: I HAVE RECEIVED AND REVIEWED THE OPERATION’S MANUALS FOR THIS EQUIPMENT AND UNDERSTAND THE PROPER AND SAFE OPERATION AS WELL AS THE MAINTENANCE REQUIREMENTS FOR THIS


EQUIPMENT. I WILL TRAIN ANY CURRENT AND ANY FUTURE OPERATORS OF THIS EQUIPMENT TO UNDERSTAND THE PROPER AND SAFE OPERATION OF THIS EQUIPMENT. I HAVE RECEIVED A COPY OF ANY APPLICABLE STANDARD FACTORY WARRANTY AND ANY EXTENDED OR USED WARRANTY OFFER, AND UNDERSTAND THE TERMS DESCRIBED THEREIN. I HAVE REVIEWED, UNDERSTAND, AND AGREE WITH THE INFORMATION, THE WARRANTY DISCLAIMER AND ALL OF WHICH HAVE BEEN EXPLAINED TO ME. I HAVE INSPECTED THE EQUIPMENT AND THE EQUIPMENT WAS DELIVERED TO ME IN SATISFACTORY AND SAFE CONDITION, AND I UNDERSTAND THAT IF A WARRANTY IS APPLICABLE TO THIS EQUIPMENT, THE WARRANTY PERIOD BEGINS ON THE “DELIVERY
DATE.”

 

PARTS PURCHASE:
ALL PARTS PURCHASED THAT ARE STOCK ITEMS DEALER DIDN’T HAVE TO ORDER ARE RETURNABLE UP TO 48 HOURS FROM TIME OF PURCHASE WITH A 25% RESTOCKING FEE. ALL ELECTRIC / ELECTRONIC PARTS AND ALL SPECIAL ORDER PARTS ARE NOT REFUNDABLE.

AS IS --- NO WARRANTY

Customer will pay all costs for any repairs. Discount Rental and Sales, Inc or Affiliates assumes no responsibility for repairs regardless of any written or oral statement about the equipment. THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THIS EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. DISCOUNT-EQUIPMENT.COM, INC, INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT. THE REMEDIES SET FORTH IN THE FACTORY WARRANTY.

RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to DISCOUNT-EQUIPMENT.COM, INC, unless the product has been damaged during shipping. This policy also applies to warranty returns. As stated in the DISCOUNT-EQUIPMENT.COM, INC “Return Policy,” when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight. This policy also applies to shipments refused and returned. All items sold as FREE FREIGHT FREE SHIPPING where freight was included in sale price. The freight will be charge for what the freight cost is to ship this item to the clients ship to address as requested time of return. this is included as the "inbound" shipping / freight listed above. All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from an DISCOUNT-EQUIPMENT.COM, INC, Inc locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment received in conditions other than brand new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned. It’s the customer’s responsibility to report any damages/shortages within 48 hours of receiving the product. DISCOUNT-EQUIPMENT.COM, INC will not accept claims 48 hours after delivery. DISCOUNT- EQUIPMENT.COM, INC will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), DISCOUNT-EQUIPMENT.COM, INC will instruct customers as to the best means of returning merchandise. DISCOUNT- EQUIPMENT.COM, INC’ MRA’s are valid for 30 days after issuance, MRAs are not valid after the 30 day time limit expires. DISCOUNT- EQUIPMENT.COM, INC will absolutely not, under any circumstances, issue an MRA for returns on used or damaged products. Any freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY. The purchase price at time of sale is final.

DEPOSITS ARE NON-REFUNDABLE.


RENTALS - TERMS AND CONDITIONS

You can view the Rental Terms & Conditions PDF by Clicking here.

  1. INSPECTION. Customer acknowledges that he has had an opportunity to personally inspect the equipment, and finds it suitable for his needs and in good condition, and that he understands its proper use. Customer further acknowledges his duty to inspect the equipment prior to use and notify Dealer of any defects.
  2. REPLACEMENT OF MALFUNCTIONING EQUIPMENT. If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Dealer who will replace the equipment with similar equipment in good working order, if available. Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.

WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS.

  1. INDEMNIFICATION. Customer agrees to assume the risks of, and hold Dealer harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and/or arising out of Dealer's negligence.

Lessee shall indemnify and defend lessor against and hold lessor harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney’s fee which (1) Relate to injury or to destruction of property, or bodily injury, illness, sickness, disease or death of any person (including employees of lessee), and (2) Are caused by, or claimed to be caused, in whole or in part by the equipment leased herein or by the liability or conduct (including active, passive, primary or secondary) of lessor, its agents or employees, or anyone for whose acts any of them may be liable. The parties agree that lessor shall only be liable or responsible for damages or claims that are caused by the gross negligence or willful, wanton or intentional misconduct of the lessor.
Lessee shall, at its own cost or expense, defend lessor against all suits or proceedings commenced by anyone in which lessor is a named party for which lessor is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by lessor, and lessee shall be liable and responsible for all costs, expenses and attorney’s fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming lessor as a party, lessor may elect to defend said action on its own behalf and lessee agrees that it shall be liable for all costs, expenses and attorney’s fees incurred by lessor in such defense.
The parties agree that in no event shall lessee’s liability for indemnification hereunder exceed $500,000.00.

  1. PROHIBITED USES. Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract. (a) Use for illegal purpose or in illegal manner. (b) Use when the equipment is in bad repair or is unsafe. (c) Improper, unintended use or misuse. (d) Use by anyone other than Customer or his employees, without Dealer's written permission. (e) Use at any location other than the address furnished Dealer without Dealer's written permission. (Does not apply to mobile equipment.)
  2. ASSIGNMENTS, SUBLEASES AND LOANS OF EQUIPMENT. Dealer may assign his rights under this contract without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Dealer's written permission. Any purported assignment by Customer is void.
  3. TIME OF RETURN. Customer's right to possession terminates on the expiration of the rental period ("Due In" date & time) and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.
  4. LATE RETURN. Customer agrees to return the rented goods during Dealer's regular store hours, upon expiration of the rental period ("Due In" date & time). Customer agrees that if the rented goods are held beyond the expiration of the rental period ("Due In" date & time) as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.
  5. DAMAGED, DIRTY, OR LOST EQUIPMENT. Customer agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Dealer. Customer also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price. The cost of repairs will be borne by the Customer, whether performed by the Dealer, or, at Dealer's option, by others.
  6. TIME OF PAYMENT. Accounts are due and payable at the termination of the rental period. A carrying charge of 1.5% per month (ANNUAL RATE OF 18%) will be charged on all overdue accounts.
  7. COLLECTION & VENUE COSTS. Customer agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of Dealer’s rights under this contract. Customer agrees that this agreement is to be construed under the laws of the State of Florida, and that if legal action is brought to enforce this agreement, that Palm Beach County, Florida, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Dealer and Customer at a later time.
  8. REPOSSESSION. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.

  1. INSPECTION OF TRAILER HITCH. Customer agrees to inspect the trailer coupling mechanism and safety chain before leaving Dealer's premises. Customer also agrees to inspect the equipment periodically (every 100 miles) and to maintain the coupling and chain in a safe and secure condition.
  2. DAMAGE TO BUMPERS. Dealer is not liable for damage to Customer's bumper or automobile done by detachable hitches, towbars or other detachable equipment.
  3. DAMAGE WAIVER. Damage Waiver Is Not Insurance. You are responsible for any loss of or damage to the Rented Equipment and Items ("Equipment") and for their return in the same condition in which they were received, except for ordinary wear and tear. If You accept the Damage Waiver, however, We agree to waive Our right to recover from You the amount of loss or damage to the Equipment while in your possession, except that You will be responsible for the first $500.00 or 50% of the cost of repair or replacement of damaged Equipment (whichever is higher). You agree to immediately notify Us of any accident and promptly submit any applicable police reports. If You have insurance, the Damage Waiver becomes secondary, and You agree to exercise all rights available to You under Your insurance coverage and assign all claims and proceeds from Your insurance coverage to us. Notwithstanding the foregoing, Your liability for loss of, or damage to, the Equipment will not be waived in the following circumstances: (1) Any Item or part thereof which is not returned, irrespective of the reason, including theft. (2) Reckless, careless or abusive operation or use of the Equipment. (3) Use or operation of the Equipment exceeding its rated capacity. (4) Damage to motors, generators, drills or other tools, electrical appliances or devices caused by use of non-utility generated power, whether or not supplied by Us. (5) Damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the Equipment. (6) Damage resulting from failure to perform or pay for all normal periodic and other basic service maintenance, adjustments and lubrication of the Equipment. (7) Loss or damage caused by dishonesty of Your employees, or wrongful conversion by any person whom You allow to possess the Equipment. (8) Operation or use of the Equipment in a manner inconsistent with the instructions of the Equipment manufacturer. (9) Damage resulting from vandalism, malicious mischief, or intentional abuse. (10) Damage to any and all accessories, such as air hoses, electric cords, blades, welding cable, liquid fuel tanks and other similar items and accessories. (11) Damage resulting from overturning or striking overhead objects. (12) Damage resulting from use of the Equipment in violation of any terms of this Rental Contract.
  4. SEVERABILITY. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
  5. LOADING AND UNLOADING EQUIPMENT. Customer is responsible for loading and unloading equipment. If Dealer’s employees assist in loading or unloading the equipment, Customer agrees to assume the risk of, and hold Dealer and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Dealer.
  6. PROPERTY DAMAGE. Not responsible for any damage whatsoever as a result of on-the-job deliveries or pick up by Dealer.
  7. WASTE DISPOSAL FEE. A WASTE DISPOSAL FEE is additional to all rentals.
  8. FEES, LICENSES, PERMITS, TAXES AND FINES. The Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer’s use or operation of the vehicle/equipment & Tents.
  9. CHARGES. The Customer shall pay all charges required under this Agreement upon demand. The Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. No pro-rations will be made by Licensee.
  10. LIABILITY INSURANCE. The vehicle/equipment is covered by a liability insurance policy which provides coverage to the Customer in excess to and secondary to any liability insurance held by the Customer. This coverage is in accordance with the minimum requirements under applicable state law and does not include under-insured/ uninsured coverage, except where required by law. Coverage is excluded where: (1) the vehicle/equipment is operated in violation of this Agreement; or (2) the loss results from intentional or criminal actions of the Customer. Coverage is also excluded for loss or damage to property owned by or in the possession of the Customer or for any injuries of any nature whatsoever to the Customer’s agents, employees, guests, members of the Customer’s household or other occupants of the vehicle/equipment.
  11. OTHER LIABILITY. The Customer assumes all risks from the improper use of the vehicle/equipment. The Customer is responsible for damages to the Customer’s property or goods in storage or in transit, or for any property left or stored in the vehicle/equipment, or elsewhere in the renting location. The Customer agrees not to hold the Licensee liable for damages from down time, materials or other consequential damages resulting from the use of the vehicle/equipment. The Customer releases and holds Licensee, its agents and employees harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses arising out of the Customer’s use or possession of the vehicle/equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the vehicle/equipment by the Customer, or its drivers, agents or employees, or for the confiscation of the vehicle/equipment by any governmental authority because of illegal or improper use. The Customer shall additionally hold Licensee harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of injury, death or property damage arising out of the Customer’s use of the vehicle/equipment. Neither the Customer nor any other driver of the vehicle/equipment shall be deemed the agent, servant or employee of the Licensee for any reason or any purpose. During the term of this Agreement, the Customer assumes full responsibility for the vehicle/equipment to the public and any regulatory body having jurisdiction.

  1. WEATHER RELATED RISKS. Customer assumes all weather related risks involved in holding an outdoor tented event. Rental Center will endeavor to minimize said risk, however, should the tenting become unusable due to high wind, snow, rain, flooding, extreme cold or heat, or any other factor beyond Rental Center’s control, Customer shall still be liable for payment in full of all charges.
  2. PREPARATION OF SITE. Customer agrees to have the site upon which the rental items are to be erected, free and clear of all obstacles, natural and man made, prior to the arrival of the Rental Center’s work crew. Customer further agrees to have all tents cleared for removal prior to our arrival. All non-rented items and decorations shall be cleared and taken from site. If Customer fails to do so, then Customer shall pay all costs involved for any delay, additional rental, and all costs including collection and legal expense.
  3. MATERIAL. All tents are subject to stretching and retracting of up to 5% of listed sizes and although all tents have been impregnated with waterproofing compound, no tents are guaranteed to be absolutely waterproof, and are to be considered temporary shade structures.
  4. COOKING UNDER TENTS. Customer agrees not to do any type of cooking under or within a reasonable distance of the tent. Customer assumes full responsibility and costs incurred for damage and or cleaning expense to tent tops due to cooking processes under or near tents.
  5. ELECTRIC POWER AND LIGHTING. Customer agrees to furnish Rental Center access to, and the right to use Customer’s electrical and power lines for the installation and operation of the rental items.
  6. UNDERGROUND FACILITIES. Customer agrees to have all Underground Facilities, in the vicinity of the Equipment installation, clearly marked prior to the arrival of Rental Center’s work crews. Customer assumes full responsibility for damage to all Underground Facilities. To identify Underground Facilities, Customer must call one week prior to installation.
  7. TENT INSTALLATION & TEAR DOWN. Dealer may deliver and/or pick up equipment/tents at his discretion, Lessee understands that delivery and/or pick-up will not be done during inclement weather.
  8. TICKETS, FINES AND PENALTIES. Customer agrees to fully and promptly pay all fines, penalties, parking tickets, traffic tickets, tolls, court costs, attorneys’ fees and other charges assessed during the Term in connection with the use, parking, storage, and/or possession of the Equipment, regardless of the identity of the driver of any vehicle Customer rents from Dealer.

ADDITIONAL TERMS AND CONDITIONS FOR SALES

CUSTOMER’S DECLARATION: I HAVE RECEIVED AND REVIEWED THE OPERATION’S MANUALS FOR THIS EQUIPMENT AND UNDERSTAND THE PROPER AND SAFE OPERATION AS WELL AS THE MAINTENANCE REQUIREMENTS FOR THIS EQUIPMENT. I WILL TRAIN ANY CURRENT AND ANY FUTURE OPERATORS OF THIS EQUIPMENT TO UNDERSTAND THE PROPER AND SAFE OPERATION OF THIS EQUIPMENT. I HAVE RECEIVED A COPY OF ANY APPLICABLE STANDARD FACTORY WARRANTY AND ANY EXTENDED OR USED WARRANTY OFFER, AND UNDERSTAND THE TERMS DESCRIBED THEREIN. I HAVE REVIEWED, UNDERSTAND, AND AGREE WITH THE INFORMATION, THE WARRANTY DISCLAIMER AND ALL OF WHICH HAVE BEEN EXPLAINED TO ME. I HAVE INSPECTED THE EQUIPMENT AND THE EQUIPMENT WAS DELIVERED TO ME IN SATISFACTORY AND SAFE CONDITION, AND I UNDERSTAND THAT IF A WARRANTY IS APPLICABLE TO THIS EQUIPMENT, THE WARRANTY PERIOD BEGINS ON THE “DELIVERY DATE.”

PARTS PURCHASE: ALL PARTS PURCHASED THAT ARE STOCK ITEMS DEALER DIDN’T HAVE TO ORDER ARE RETURNABLE UP TO 48 HOURS FROM TIME OF PURCHASE WITH A 25% RESTOCKING FEE. ALL ELECTRIC / ELECTRONIC PARTS AND ALL SPECIAL ORDER PARTS ARE NOT REFUNDABLE.

AS IS --- NO WARRANTY:

Customer will pay all costs for any repairs. Discount-Equipment.com, Inc or Affiliates assumes no responsibility for repairs regardless of any written or oral statement about the equipment. THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THIS EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. DISCOUNT-EQUIPMENT.COM, INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT. THE REMEDIES SET FORTH IN THE FACTORY WARRANTY.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to DISCOUNT-EQUIPMENT.COM, INC, unless the product has been damaged during shipping. This policy also applies to warranty returns. As stated in the DISCOUNT-EQUIPMENT.COM, INC “Return Policy,” when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight. All items sold as FREE FREIGHT FREE SHIPPING where freight was included in sale price. The freight will be charge for what the freight cost is to ship this item to the clients ship to address as requested time of return. this is included as the "inbound" shipping / freight listed above. This policy also applies to shipments refused and returned. All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from an DISCOUNT-EQUIPMENT.COM, INC locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment received in conditions other than brand new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned. It’s the customer’s responsibility to report any damages/shortages within 48 hours of receiving the product. DISCOUNT-EQUIPMENT.COM, INC will not accept claims 48 hours after delivery. DISCOUNT- EQUIPMENT.COM, INC will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), DISCOUNT-EQUIPMENT.COM, INC will instruct customers as to the best means of returning merchandise. DISCOUNT-EQUIPMENT.COM, INC’ MRA’s are valid for 30 days after issuance, MRAs are not valid after the 30 day time limit expires. DISCOUNT- EQUIPMENT.COM, INC will absolutely not, under any circumstances, issue an MRA for returns on used or damaged products. Any freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY. The purchase price at time of sale is final.


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