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Rental Terms & Conditions

By Submitting An Online or Phone Order You Have Agreed To All Terms and Conditions Listed Below.

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.

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 EXPRESS OR IMPLIED. There is no warranty that the equipment is suited for Customer's intended use, or that it is free from defects.

HOLD HARMLESS AGREEMENT

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.

PROHIBITED USES

Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract.

Use for illegal purpose or in illegal manner
Use when the equipment is in bad repair or is unsafe
Improper, unintended use or misuse
Use by anyone other than Customer or his employees, without Dealer's written permission.
Use at any location other than the address furnished Dealer without Dealer's written permission (Does not apply to mobile equipment)

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.

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.

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.

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.

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.

COLLECTION 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.

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.

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.

DAMAGE TO BUMPERS

Dealer is not liable for damage to Customer's bumper or automobile done by detachable hitches, towbars or other detachable equipment.

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:

Any Item or part thereof which is not returned, irrespective of the reason, including theft.
Reckless, careless or abusive operation or use of the Equipment.
Use or operation of the Equipment exceeding its rated capacity
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.
Damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the Equipment.
Damage resulting from failure to perform or pay for all normal periodic and other basic service maintenance, adjustments and lubrication of the Equipment.
Loss or damage caused by dishonesty of Your employees, or wrongful conversion by any person whom You allow to possess the Equipment.
Operation or use of the Equipment in a manner inconsistent with the instructions of the Equipment manufacturer.
Damage resulting from vandalism, malicious mischief, or intentional abuse.
Damage to any and all accessories, such as air hoses, electric cords, blades, welding cable, liquid fuel tanks and other similar items and accessories.
Damage resulting from overturning or striking overhead objects.
Damage resulting from use of the Equipment in violation of any terms of this Rental Contract.

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.

LOADING AND UNLOADING EQUIPMENT

Customer is responsible for loading and unloading equipment. If Discount Rental, Inc. employees assist in loading or unloading the equipment, Customer agrees to assume the risk of, and hold Discount Rental, Inc. and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Discount Rental, Inc. and/or its employees.

PROPERTY DAMAGE

Not responsible for damage to driveways, lawns, sprinkler systems, gardens, septic tanks, drainfields and/or flower beds as result of on the job deliveries.