CAREFULLY READ AND REVIEW THIS PAGE AND THE TERMS AND CONDITIONS ON THE SECOND PAGE OF THIS RENTAL CONTRACT.
At your request, a large-print version of the Terms and Conditions will be made available to you. Please take note of the following, which are included in more detail below:
- Periodic Rental Charges are invoiced upon the end of the Rental Period or at the end of each month’s usage, whichever first occurs. Invoices are due 30 days from invoice date. An interest charge of 1.5% per month applies to all past due invoices.
- Lessee warrants that lifts will not be used for sandblasting, painting, or similar work without the written consent of Lessor.
- Note carefully the insurance required by the terms of Paragraph 11 of the Terms and Conditions on the second page of this rental contract.
- Lessee is responsible to provide OSHA compliance, including operator instruction, safety belts and lanyards.
- Lessee will be responsible for the costs to replace damaged tires.
The Rental Rates listed above are for use of the Equipment on a single shift basis, not to exceed:
- Eight (8) hours of usage per twenty-four (24) hour period (a “Day”);
- One Week equals up to five (5) Working Days or up to forty (40) hours of usage.
- One Month equals one calendar month, or up to twenty (20) Working Days, or up to one hundred sixty (160) hours usage.
Lessee agrees to pay BRC Rentals, Inc. at multiples of the Rental Rates for Equipment used on multiple shifts or with hour-meter readings exceeding the maximum listed work hours for any Rental Term.
Lessee elects to purchase the Physical Damage Waiver in lieu of obtaining the “All Risk of Physical Loss” (aka “Equipment Floater”) coverage required by the Rental Contract, subsection (a)(ii) of Paragraph 11.
By signing below, you warrant that you are authorized to bind the Customer (hereafter the “Lessee”) to the receipt of the Leased Equipment shown above (the “Equipment”) and all the provisions, terms and conditions of this Rental Contract (the “Contract”).
Terms and Conditions
Lessee and BRC Rentals, Inc., a Minnesota corporation (hereafter “Lessor”), agree as follows:
Lessee’s execution of this Contract or taking possession of the Equipment shall be deemed acceptance of all terms herein, and they will be deemed to apply not only to the Equipment shown on Page 1 but also to all other future equipment rentals.
1) Definitions: “Page 1” refers to the signature lines above and everything preceding them; “Contract” refers to Page 1 together with these Terms and Conditions; “Equipment” means the items rented by Lessee, as identified on Page 1; “Parties” refers collectively to Lessee and Lessor; “Job Address” shall be the address, listed on Page 1, where to Equipment is to be used.
2) Rental Period: Unless otherwise arranged by Lessor, the “Rental Period” shall include all time from delivery of the Equipment to Lessee (or, if the Equipment is not delivered, from receipt of the Equipment by Lessee) up to and including the time it is returned to Lessor, provided that, at the time of return, the equipment is accepted by Lessor in the return condition required by this Contract, including Paragraph 7. The Rental Period shall also include all time necessitated by the repairs contemplated in Paragraph 7 hereof. Any apparent agent of Lessee at the Job Address is authorized to accept delivery of the Equipment. Lessee authorizes Lessor, upon request, to leave the Equipment at the Job Address without the requirement of written receipt. There shall be no allowance or abatement of rent during any period for which the equipment is inoperable due to mechanical defect or failure, unfavorable weather, labor issues, or any other reason.
3) Periodic Rental Charges: Lessee agrees to rent the Equipment from Lessor for the Rental Period, in exchange for which Lessee agrees to (i) pay Lessor the Rental Rates listed on Page 1, together with any other charges incurred hereunder, when due and without reduction, setoff, or proration; (ii) return the equipment to Lessor at the end of the Rental Period; and (iii) otherwise comply with all terms of this Contract. In accordance with the Rental Rates “Periodic Rental Charges” are to be invoiced upon the end of the Rental Period or at the end of each Month’s usage, whichever first occurs. Periodic Rental Charges are due 30 calendar days from the invoice date. An interest charge of 1.5% per month applies to all past due invoices. If Lessee has given Lessor a credit or debit card number, Lessee does hereby consent to Lessor charging said credit or debit card for all obligations due under this Contract.
4) Taxes and Other Charges: Periodic Rental Charges do not include, and Lessee shall pay, any present and future taxes (including sales, use, transfer, value added, and other taxes) and any other governmental charges, fees, fines or penalties, including without limitation any under the Occupational Safety and Health Acts (“OSHA”), assessed against or payable by Lessor, Lessee, or others during the Rental Period on or relating to the Equipment or the use, registration, rental, shipment, transportation, delivery, or operation thereof, or relating to this Contract. In connection with any such payments, Lessee shall file all returns and papers required and furnish copies thereof to Lessor. Lessee agrees that it shall pay for all shipping and transportations expenses, including but not limited to delivery fees, return fees, and transfer fees.
5) Additional Usage: The Rental Rates listed on Page 1 are based on single shift usage, for no more than eight (8) hours of work for each Day during the Rental Period. Any usage in a single Day exceeding eight (8) hours (“Additional Usage”) shall be subject to 1.5 times the Rental Rate. Additional Usage exceeding sixteen (16) hours shall be subject to 2 times the Rental Rate. Lessor reserves the right to pursue Additional Usage charges as described herein.
6) Termination: Lessor may terminate this Contract for any reason or no reason at all. Lessee may terminate this Contract in the event that Lessor breaches any obligation hereunder and fails to remedy such breach within ten (10) days after being given notice to that effect. Upon termination of this Contract, Lessee (i) shall, within 24 hours of termination, at Lessor’s option, make the Equipment available for pickup by Lessor or arrange for delivery of the Equipment to Lessor; and (ii) shall pay in full any and all Periodic Rental Charges for the Rental Period and all other charges incurred hereunder.
7) Fuel, Maintenance, and Repairs: Upon the earlier of Lessee’s receipt or Lessor’s delivery of the Equipment, unless Lessee immediately rejects it, Lessee represents and warrants that the Equipment is in good order, repair, and operating condition, and is in all ways acceptable to Lessee and is appropriate for Lessee’s use. Lessee further represents, warrants, and agrees that Lessee (i) will protect, properly maintain, and care for all Equipment at all times; (ii) will keep the Equipment in a secure location; (iii) will be responsible for any and all fuel or maintenance costs; (iv) will keep and return the Equipment (including tires) to Lessor in the same condition as when delivered/received, usual wear and tear excepted, and otherwise in good order, condition, and repair, and full of the appropriate fuel, fluid, and lubricants; and (v) will notify Lessor immediately if the Equipment is lost, malfunctioning, unsafe, damaged, disabled, or otherwise physically impaired. The repair and replacement of tubes and tires is not included in the Rental Rates and is the sole responsibility of Lessee; Lessee represents, warrants, and agrees that Lessee will be responsible for the cost of replacement of damaged tires. If Lessee breaches its obligations under this Paragraph and returns the Equipment in a condition that requires maintenance or repair to return it to the same condition as when delivered/received, the Rental Period shall include such period of repair and Lessee shall pay all costs of repair, including but not limited to overtime and special expenses to expedite the prompt acquisition of necessary parts. Lessor retains the exclusive option of determining whether to repair the equipment or consider it beyond repair as a result of damage occurring while in Lessee’s control, while in transit to Lessee, or while being returned to Lessor. Upon Lessor’s determination that the Equipment is beyond repair, Lessor shall promptly notify Lessee in writing and Lessee shall then forthwith make an appropriate claim to its insurance company and shall remit promptly to Lessor any sums not paid to Lessor by Lessee’s insurance company.
8) Operation; Inspection: (a) Lessee agrees that Lessor has no control over the manner in which the Equipment is operated during the Rental Period by Lessee or any third party that Lessee explicitly or implicitly permits. Lessee agrees to provide any and all applicable training, instructions, and warnings to all users and operators of the Equipment and ensure that the Equipment is used safely, in a careful manner, and only (i) for its intended purpose; (ii) within its rated capacity; (iii) by competent, qualified, properly trained, familiarized, certified, and, as applicable, licensed operators; (v) after inspecting the Equipment, prior to each use, to confirm that it includes readable decals, operating, and safety instructions, is in good condition and defect-free, and is suitable for the intended use; and (vi) otherwise in compliance with all terms of this Contract. (b) Lessee further represents, warrants, and agrees that Lessee (i) has received from Lessor all information needed or requested regarding the operation of the Equipment; (ii) will fully comply with all manuals, maintenance requirements, and instructions; (iii) is aware of and will fully comply with all applicable laws, statutes, rules, standards, ordinances or any other government regulations, including but not limited to those promulgated under OSHA. Lessor reserves, and Lessee hereby grants to Lessor, the right to enter upon any location where the Equipment is being used to inspect the Equipment and the manner of its use, and to terminate this agreement and remove the Equipment without notice or consent from Lessee if Lessee is misusing or not properly maintaining the Equipment.
9) Prohibited Use: Lessee hereby represents, warrants, and agrees that Lessee SHALL NOT (i) make any alterations to or of the Equipment, including but not limited to those of safety equipment or hour meters, without the written consent of Lessor; (ii) alter or cover up any decals or insignia on the Equipment; (iii) remove any operational or safety instructions; (iv) move the Equipment from the Job Address without written consent from Lessor; (v) use the Equipment in any negligent, illegal, unauthorized, or abusive manner, or in any publication (print, audiovisual, electronic, or otherwise); (vi) use the Equipment for sandblasting, painting, or similar work without the written consent of Lessor; or (vii) otherwise violate any provision of this Contract.
10) Ownership; Transfer of Use: Lessee’s only rights with respect to the Equipment is to use it in full compliance with this Contract during the Rental Period. Lessee shall NOT (i) permit the existence of any lien, claim, security interest, or encumbrance on the Equipment; (ii) attach or annex the Equipment to any other property; (iii) loan, transfer, sublease, store, modify, repair, surrender, or assign any Equipment or this Contract without Lessor’s prior written consent and any attempt to effect any of the foregoing without such written consent shall be null and void. This Contract is a true lease. Lessor is to retain full ownership of the Equipment and may sell, assign, mortgage, or otherwise dispose of any or all of the Equipment or this Contract with or without notice to Lessee, in which event, Lessee will attorn to the assignee.
11) Insurance; Indemnification: (a) Lessee agrees to maintain, throughout the Rental Period and by an insurance company approved by Lessor, (i) commercial general liability insurance with limits of not less than $1,000,000 per occurrence/$2,000,000 annual aggregate; (ii) property damage insurance or “All Risk of Physical Loss” (aka “Equipment Floater”) for the full (new) replacement value of all Equipment; (iii) automobile liability insurance, including comprehensive and collision coverage, and uninsured/underinsured motorist coverage; and (iv) worker’s compensation insurance as required by law. (b) Such policies shall (i) name BRC Rentals, Inc. as an additional insured and loss payee; (ii) be primary and non-contributory; (iii) include a waiver of subrogation; and (iv) provide for at least thirty (30) days’ notice to Lessor of any intention to cancel or modify the policy. Lessee agrees to deposit such policies or acceptable certificates to Lessor prior to commencement of work; Lessor’s failure to request the same shall not relieve Lessee of the responsibilities provided herein. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LESSEE HEREBY ASSUMES ALL RISK OF PERSONAL AND BODILY INJURY, DAMAGE, DESTRUCTION, AND LOSS OF, TO, OR ARISING IN CONNECTION WITH THE EQUIPMENT OR SERVICES REFERENCED IN THIS CONTRACT. LESSEE RELEASES, DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LESSOR and its members, managers, officers, owners, agents, employees, insurers, representatives, successors, and assigns for, from and against all injuries, liabilities, claims, damages, losses, costs, and expenses, including without limitation, attorney’s fees, arising from or associated with any such Equipment or services. Lessee further waives all rights and remedies available under the Uniform Commercial Code, as well as direct, indirect, consequential, general, special, and punitive damages, against Lessor and each and every foregoing party. Such allocation of risk and waiver is reflected in a reduced Rental Rate.
12) Optional Damage Waiver: If and only if Lessor has offered, and Lessee has elected to purchase Lessor’s optional “Damage Waiver” and agreed to pay the non-refundable “Damage Waiver Fees” set forth therein, then solely with respect to Equipment covered by the “Damage Waiver,” Lessee’s liability for the cost to repair or replace such Equipment will be limited as set forth in the Damage Waiver. Lessee may decline the Damage Waiver if it fully and timely complies with this Contract, including Paragraph 11. The Damage Waiver is not insurance, nor is it a warranty.
13) No Warranties; Liability: Lessor is not the manufacturer or an agent of the manufacturer of the Equipment. Lessee accepts Equipment on an “as is” basis, with “all faults” and without any recourse whatsoever against Lessor. LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, DESIGN, CONSTRUCTION, SAFETY, OR CAPACITY OF THE LEASED EQUIPMENT, OR ITS FITNESS FOR A PARTICULAR PURPOSE. However, Lessor assigns to Lessee during the Rental Period any warranties made by the manufacturer of the Equipment. THE LIABILITY OF LESSOR ARISING OUT OF OR RELATED TO THIS CONTRACT OR THE EQUIPMENT, WHETHER SUCH LIABILITY IS ASSERTED IN TORT, UNDER ANY ALLEGED BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PERIODIC RENTAL CHARGES PAID BY LESSEE UNDER THIS CONTRACT.
14) Obligations; Interest/Collection Charges; Lien: Lessor shall have the right to pay any matter which is the obligation of the Lessee hereunder, including without limitation insurance premiums, and Lessee shall reimburse Lessor for any such amount paid by Lessor upon demand, but in no event later than the date upon which any Periodic Rental Charge is due and payable. On all amounts of any nature due hereunder that are not paid when due, Lessee agrees to pay interest equal to the lesser of 18% per annum or the highest rate permitted under applicable law. Further, Lessee agrees to pay all costs of collection of said amounts, including without limitation reasonable attorney’s fees, court costs, and expenses of repossession of Equipment. Lessee hereby grants to Lessor a lien on all real and personal property which may be improved with any Equipment or on which any Equipment may be located or used.
15) Miscellaneous: This Contract, including Page 1 and the Terms and Conditions, is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. Other than as provided in Paragraph 12, no change, modification, amendment, or addition of or to this Contract or any part thereof shall be valid unless in writing and signed by authorized representatives of both Parties. Any and all matters of dispute between the Parties to this Contract, whether arising from the Contract itself or from alleged extra contractual facts prior to, during, or subsequent to its formation, shall be governed by, construed, and enforced in accordance with the laws of the state of Minnesota (excluding its conflict of law provisions) and brought solely in any state or federal court located in Minnesota, Hennepin County. Lessee hereby consents to the exclusive personal jurisdictions of such courts. If any provision of this Contract is held invalid by a court of competent jurisdiction, such invalidity will not affect any other provision of this Contract that can be given effect without the invalid provision. Any failure by Lessor to insist upon strict performance of any portion of this Contract shall not be construed as a waiver of the right to demand strict performance in the future. Digital, electronic, photocopied and facsimiled signatures included on this Contract shall be deemed the equivalents of originals for all purposes.