RENTAL CONTRACT AGREEMENT
Bay Equipment Rentals LLC hereby rents to the Renter the personal property described, subject to all terms and conditions of this contract, and the Renter, in consideration thereof, agrees that:
1. Renter received the property described unbroken and in good working order at the time and date specified.
2. The rented property will be used at the designated address and will not be moved from this address without the consent of Bay Equipment Rentals LLC except for return of the rental equipment.
3. Bay Equipment Rentals LLC is not the manufacturer of the rented property nor the agent of the manufacturer and no warranty against patent or latent defects in material, workmanship, or capacity is given.
4. Title to the rented property is, and at all times shall remain in Bay Equipment Rentals LLC. Only the parties hereto and such other persons whose names are endorsed hereon are authorized to use said property and Renter will not permit said property to be used by any other person or at any other address other than the place designated without the consent of Bay Equipment Rentals LLC.
5. Renter will immediately discontinue use of the rented property should it be found to have become unsafe or in a state of disrepair, and Renter will immediately notify Bay Equipment Rentals LLC accordingly and return such property as soon as possible.
6. Renter specifically agrees that Bay Equipment Rentals LLC has no obligation to make service calls to repair or to pick up equipment which breaks down or becomes unusable and that rental charges will continue on such equipment until it is returned to Bay Equipment Rentals LLC. Bay Equipment Rentals LLC may, at its own discretion, adjust charges or allow additional time based on circumstances involved.
7. Bay Equipment Rentals LLC shall not be liable in any event to Renter for any loss, delay, or damage of any kind resulting from defects in or inefficiencies of the items unusable and that rental charges will continue on such equipment until it is returned to Bay Equipment Rentals LLC. Bay Equipment Rentals LLC may, at its own discretion, adjust charges or allow additional time based on circumstances involved. Bay Equipment Rentals LLC shall not be liable in any event to Renter for any loss, delay or damage of any kind resulting from defects in or inefficiencies of the leased property or accidental breakage thereof. Renter will return rented property to Bay Equipment Rentals LLC by the time due in the same condition as when received except for ordinary wear. If the property is damaged, Renter will pay Bay Equipment Rentals LLC the cost of repairing. If the rented property shall be lost or stolen, Renter will pay Bay Equipment Rentals LLC the cost of replacement and rental charges shall continue until such payment has been made. If Renter desires to extend this contract beyond the date and time originally agreed upon, Renter will obtain Bay Equipment Rentals LLC approval and terms for such extension.
8. Bay Equipment Rentals LLC may, at its own discretion, have warrants issued charging Theft by Conversion if rented property is not returned within 5 days of the due date, or sooner if circumstances should indicate theft before that time.
9. Weekly or monthly rates may apply only when paid in full in advance, or when on an established charge account paid when due. Bay Equipment Rentals LLC may, at its own discretion, revert all charges to a daily rate if invoices or statements are not paid when due.
10. INDEMNITY/HOLD HARMLESS AGREEMENT:
Renter shall indemnify and defend Bay Equipment Rentals LLC against and hold Bay Equipment Rentals LLC harmless from any and all claims, actions, suits, proceedings, cost, expenses, damages and liabilities, including attorneys 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 renter) and:
2. Are caused, or claimed to be caused, in whole or part by the equipment rented herein or by the liability or conduct (including active, passive, primary or secondary) of Bay Equipment Rentals LLC, its agents or employees, or anyone for whose acts any of them may be liable. The parties agree that Bay Equipment Rentals LLC shall only be liable or responsible for damages or claims that are caused by the gross negligence or willful, wanton, or intentional misconduct of Bay Equipment Rentals LLC.
Renter shall, at its own cost and expense, defend Bay Equipment Rentals LLC against all suits or proceedings commenced by anyone in which Bay Equipment Rentals LLC is named party for which Bay Equipment Rentals LLC is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Bay Equipment Rentals LLC, and renter shall be liable and responsible for all cost, expenses and attorneys fees incurred in such defense and/or settlement, judgement or other resolution. In the event that such action is commenced naming Bay Equipment Rentals LLC as party, Bay Equipment Rentals LLC may elect to defend said action on its own behalf and renter agrees that it shall be liable for all cost, expenses, and attorneys fees incurred by renter in such defense. The parties agree that in no event shall renter’s liability for indemnification hereunder exceed $1,000,000.
11. Renter will pay all collection fees, court costs, attorney fees, and any other expenses required to enforce the terms and conditions of this contract.
12. If payment is made by check, Renter specifically agrees to pay a service charge of $25.00 if check is returned by bank. In addition, Renter agrees to pay a service charge plus court costs, attorney fees and other collection costs.
TRAILER RENTAL ADDITIONAL TERMS
Renter accepts full responsibility for any personal property transported on said equipment and agrees to save Bay Equipment Rentals LLC harmless from any claim for loss or damage to such property, and further, acknowledges that he/she has examined the coupling mechanism and safety chain, that the trailer is securely attached to Renter automobiles on leaving Bay Equipment Rentals LLC place of business, that Renter will periodically inspect said equipment and coupling mechanism and chain and maintain them in a safe and secure condition while in use. Renter further agrees that he/she will not sublet said equipment or assign the lease and will not sue or permit use of this equipment with any other automobile. All of the other provisions hereof shall also apply.
DAMAGE WAIVER
Bay Equipment Rentals LLC agrees, in consideration of renter paying an additional charge of 10% of the gross rental charge, to modify the responsibility of the renter regarding equipment damage while in the renter’s possession or control. Except as noted herein, renter accepting damage waiver shall not be responsible for damage or destruction of the equipment rented except:
1. Damage due to renter’s neglect, misuse, or abuse of equipment.
2. Any loss due to mysterious disappearance or theft.
3. Any wheel or tire damage.
4. Flipping/rolling over equipment
ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY. Customer is fully aware and acknowledges there is a risk of injury or damage arising out of the use or operation of the equipment rented hereunder and hereby elects to voluntarily enter into this rental agreement and assume all of the above risks of injury or damage. customer agrees to release and discharge quality from any and all responsibility or liability from such injury or damage arising out of the use or operation of the equipment; and customer further agrees to waive, release and discharge any and all claims for injury or damage against quality which customer otherwise may be entitled to assert.
NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Bay Equipment Rentals, LLC to insist upon strict performance by Customer as regards any provision of this Rental Agreement shall not be interpreted as a waiver of Bay Equipment Rentals’ right to demand strict compliance with all other provisions of this Rental Agreement against Customer or any other person. The provisions of this Rental Agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not effect any other provision.
GOVERNING LAW. This Contract shall be considered for all purposes a Florida document and shall be construed pursuant to the laws of the State of Florida, and all of its provisions shall be administered according to and its validity shall be determined under the laws of the State of Florida without regard to any conflict or choice of law issues.
WAIVER OF JURY TRIAL. The parties hereby waive their respective rights to trial by jury in any action or proceeding arising out of this agreement.
Equipment needs to be returned with full tank of fuel. If the equipment needs fuel upon return, there will be a $15.00 service fee added to the total cost of fuel needed to fill the equipment back to full.
There will be a $5.00 processing fee added to any bridge toll ticket. Bill will be payed with card on file.
RENTAL CONTRACT
DAMAGE WAIVER CHARGE 10% (DWC) OF RENTAL.
RENT IS CHARGED FOR ALL TIME OUT INCLUDING FRACTIONS OF HOURS, NIGHTS, WEEKENDS AND HOLIDAYS THE UNDERSIGNED LESSEES HEREBY ACCEPTS FOR RENTAL THE NOTED EQUIPMENT, AND DOES HEREBY AGREE TO ABIDE BY AND BE BOUND BY THE PROVISIONS OF THE RENTAL CONTRACT SET FORTH ON THE REVERSE SIDE HEREOF WHICH IS INCORPORATED HEREIN BY REFERENCE. THIS IS A CONTRACT OF BAILMENT. $25.00 MINIMUM CHARGE OF ANY RETURNED CHECKS. FAILURE TO RETURN RENTAL PROPERTY OR EQUIPMENT UPON EXPIRATION OF THE RENTAL PERIOD AND FAILURE TO PAY ALL AMOUNTS DUE (INCLUDING COST FOR DAMAGE TO THE PROPERTY OR EQUIPMENT) ARE PRIMA FACIE EVIDENCE OF INTENT TO DEFRAUD, AND PUNISHABLE IN ACCORDANCE WITH SECTION 812.115, FLORIDA STATUTES.
BY SIGNING BELOW, I AGREE THAT I HAVE HAD THE OPPORTUNITY TO READ ALL TERMS AND CONDITIONS ON BOTH SIDES OF THIS CONTRACT AND AGREE TO THEM. I AGREE TO PAY LESSOR UPON DEMAND: ALL RATES, CHARGES, TAXES, FUEL, DELIVERY, PICKUP, TIRE REPAIR, AND RESERVATION CANCELLATION FEES AND ALL OTHER AMOUNTS INCURRED AS A RESULT OF THIS RENTAL TRANSACTION. I AUTHORIZE LESSOR TO BILL MY CREDIT CARD FOR ANY ABOVE CHARGES AT RESERVATION, OPEN, OR CLOSED OF CONTRACT.
ALL RESERVATIONS ARE FINAL
(we charge weekends and holidays)