Agreement Terms and Conditions for trailer rental from Halo-C Trailer Rentals
The following are terms and conditions of Halo-C Sales and Marketing LLC doing business as Halo-C Trailer Rentals LLC rental agreement. It shall not be construed as a purchase and sale agreement for the Rental Equipment or provide Customer with any option to purchase the Rental Equipment. For the purpose of this Rental Agreement, Halo-C Trailer Rentals shall mean the owner of the Rental Equipment, it’s owners, officers, directors, shareholders, and employees, and “Customer “ shall mean Customer, it’s agents and/or employees in consideration of hiring of the Equipment (herein “the Rental Equipment or Equipment”) described on the front of the Rental Agreement it is agreed as follows:
1. Indemnity/hold harmless. Customer will take all necessary precautions regarding the Equipment rented, and protect all persons and property from injury or damage. Customer agrees to hold harmless Halo-C Trailer Rentals from and against any and all liability, claims, judgments, attorneys fees and costs, of every kind and nature, including, but not limited, to injuries or death to persons and damage to property, arising out of the use, maintenance, instructions, operations, possessions, ownership or rental of the Equipment rented, however caused.
2. 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 agreement and assume all of the above risks of injury or damage. Customer agrees to release and discharge Halo-C Trailer Rentals from any and all responsibility or liability for such injury or damage arising out of the use of or operation of the Equipment; and Customer further agrees to waive, release and discharge any and all claims for injury or damage against Halo-C Trailer Rentals which Customer otherwise may be entitled to assert.
3. OPERATORS. No operators are furnished, directly or indirectly with our Equipment.
4. ACCIDENT REPORTING. In the event of an occurrence in connection with the Equipment which causes damage to the Equipment, or any other property damage or personal injury, Customer shall immediately stop using said Equipment, secure it to maintain its condition as at the time of occurrence, and shall immediately inform Halo-C Trailer Rentals of the occurrence. Customer shall cooperate with Halo-C Trailer Rentals in obtaining names and witnesses of the occurrence and such other information pertinent therein.
5. RECEIPT/INSPECTION OF EQUIPMENT. Customer hires the Equipment on an “as is“ basis. Customer acknowledges that s/he has, or will, personally inspect the Equipment prior to its use and finds it suitable for Customer’s needs. Customer acknowledges receipt of all items listed in this Rental Agreement and that the Equipment is in good working order and repair and that Customer understands (without further instructions) its proper operation and use.
6. POSITION/TITLE. Customer’s right to possession of the Equipment begins upon Equipment leaving Halo-C Trailer Rentals and terminates on the return of the Equipment to Halo-C Trailer Rentals as provided for herein. Time is of the essence of this Rental Agreement. Title to the Equipment is and shall remain in Halo-C Trailer Rentals. If the Equipment is not returned and/or levied upon for any reason whatsoever, Halo-C Trailer Rentals may retake said Equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold Halo-C Trailer Rentals harmless from any and all claims and costs arising from such retaking and/or levy. If Equipment is levied upon, Customer shall notify Halo-C Trailer Rentals immediately.
7. RENTAL PERIOD/RATE/PAYMENT. Rental charges begin immediately upon receipt of the Equipment. Rental charges end upon return of the Equipment to Halo-C Trailer Rentals in acceptable condition on the due date between 9 AM and 6 PM Monday through Friday. No allowances will be made for Saturdays, Sundays, Holidays, or time in transit, nor for any period of time the Equipment may not be in actual use while in Customer’s possession. If the Equipment is returned prior to the end of the minimum rental period, the rental shall be for the entire rental period. No discounts for early return of Equipment. Halo-C Trailer Rentals may terminate rental at any time and retake the Equipment without further notice in case of violation by the Customer of any terms or conditions of this Rental Agreement. Customer agrees to pay any collection costs and attorney fees incurred in collection of this account or any dispute arising out of this Rental Agreement. Customer agrees to pay a service charge on all rentals exceeding the agreed upon reservation. A late fee of 150% of the daily rental will be charged and a accrue daily until the rental is again in possession of Halo-C Trailer Rentals.
8. CUSTOMER HAS RISK OF LOSS/ORDINARY WEAR AND TEAR. From the date Customer shall take possession of each item of Equipment, such date being entered by Halo-C Trailer Rentals on the front of the Agreement, and until such items shall be returned to Halo-C Trailer Rentals, Customer shall bear all risk of loss of the items resulting from all cases. Customer shall be responsible for all damage not caused from ordinary wear and tear. “Ordinary wear and tear“ shall mean only the normal deterioration of the Equipment caused by ordinary, reasonable and proper use of the Equipment. Damage which is not “Ordinary wear and tear“ includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of Equipment by paint, mud, plaster, concrete, rosin or any other material. An item of Equipment shall be “Lost“ when the cost of repair equals or exceeds the amount necessary to replace the item with a new item of equivalent Equipment in the discretion of Halo-C Trailer Rentals, with the item which was Lost (the “Replacement Cost”). “Lost“ shall also mean total loss, either by destruction, theft, misplacement, or other means. If an item of Equipment is Lost, Customer shall, on demand, pay to Halo-C Trailer Rentals funds equivalent to the Replacement Cost of the item which was Lost. If an item is damaged to the extent that the item has not been “Lost“, Customer shall on demand, pay to Halo-C Trailer Rentals all repair charges, including parts and labor, at Halo-C Trailer Rentals’ standard rates or the rates by any other repair shop, selected by Halo-C Trailer Rentals should Halo-C Trailer Rentals elect to have the item repaired elsewhere. In either event, whether an item be Lost or damaged, Customer shall notify Halo-C Trailer Rentals within twenty-four (24) hours after such loss or damage. In case of a Lost item, the rental charges shall continue to accrue until full payment, as required herein, is made by Customer, where Equipment has been damaged, the rental charges shall cease to accrue upon return of the item to Halo-C Trailer Rentals or to another repair shop selected by Halo-C Trailer Rentals as applicable. Customer is responsible for any repair or replacement of tires due to loss or damage beyond normal wear inherent in the use of the Equipment. This will include up to the full Replacement Cost of said tires and tubes.
9. INSURANCE REQUIREMENTS. Customer shall cause each item of Equipment rented from Halo-C Trailer Rentals to be covered by a property casualty insurance policy issued by an insurance company with a rating of AA or better in Best Insurance Guide. Said policy shall be sufficient to fund the obligations of Customer under Section 8 to pay for damage to any item, should an item be damaged and to pay for the Replacement Cost of the item should an item we Lost. Halo-C Trailer Rentals may require Customer to provide proof of insurance.
10. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Customer agrees not to use or allow anyone to use the Equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his/her sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the Equipment during the Rental Period. Customer further agrees to pay all licenses, fines, fees, permits or taxes arising from his/her use of the Equipment, including any subsequently determined to be due. Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety Equipment required, to operate the Equipment or use the Equipment. Customer shall not allow any person to use or operate the Equipment when it is in need of repair or when it is in an unsafe condition or situation; modify, misue, harm or abuse the Equipment; permit any repairs to the Equipment without Halo-C Trailer Rentals prior written permission; or, allow a lien to be placed upon the Equipment. Customer agrees to clean and visually inspect the tires, air pressure and Equipment at least daily and to immediately discontinue use and notify Halo-C Trailer Rentals when Equipment is found to need repair or maintenance or is not properly functioning. Customer acknowledges Halo-C Trailer Rentals has no responsibility to inspect the Equipment while it is in Customer’s possession.
11. RETURN OF EQUIPMENT. Customer agrees to return to Halo-C Trailer Rentals the Equipment in as good of a condition as when received, ordinary wear and tear expected by Rental Agreement Agreed Return Date. Customer shall be liable for all damages to or loss of the Equipment and liability incurred prior to Equipment return to Halo-C Trailer Rentals. Customer shall be responsible for all costs incurred by Halo-C Trailer Rentals recovering and returning damaged Equipment to Halo-C Trailer Rentals’ premises. If Equipment is to be “picked-up” by Halo-C Trailer Rentals, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to Equipment until the Equipment is picked-up by Halo-C Trailer Rentals.
12. DISCLAIMER OF WARRANTIES. Halo-C Trailer Rentals makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the Equipment is fit for Customer’s particular intended use, or that it is free of latent defects. Halo-C Trailer Rentals shall not be responsible to Customer or any third party for any loss, damage or Injury resulting from, or in any way attributable to the operation of, use of, or any failure of the Equipment. Halo-C Trailer Rentals shall not be responsible for any defect or failure unknown to the Halo-C Trailer Rentals.
I agree to the conditions set forth above: ______________________________________
Date: ___________________