YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND THOROUGHLY INSPECTED EACH OF THE RENTED ITEM(S), ALL OF WHICH ARE COMPLETE AND IN GOOD ORDER, CONDITION AND REPAIR, PROPERLY FUNCTIONING, AND OTHERWISE IN ALL WAYS ACCEPTABLE TO YOU. This is a legally binding Contract. Important Terms and Conditions appear on this Page 1 and on the Reverse Side or Page 2 hereof. ANY DIFFERENT OR ADDITIONAL TERMS, WHETHER ORAL OR WRITTEN, ARE HEREBY OBJECTED TO, AND SHALL NOT BE ENFORCEABLE UNLESS SEPARATELY APPROVED IN WRITING BY.
IMPORTANT, PLEASE READ CAREFULLY BEFORE SIGNING: You, for yourself and for the "Customer / Lessee / Guarantor," acknowledge and agree that you have carefully reviewed, fully understand, and agree to all of the terms and conditions set forth on the front and reverse side (or Page 2) of this Contract. Our Rental Protection Plan (RPP) is OPTIONAL, and MAY BE DECLINED (see Section 12 on Page 2 of this contract), if you provide Elle-J proof of the property damage/inland marine insurance referenced in Section 9 of your Rental Contract. If you fail to pay the RPP Fee, you will be responsible for all damage to the Rented Item(s), at the full (New) replacement value thereof.
Equipment that is deemed to be excessively "dirty" will be subject to $30 per hour cleaning fees. (1 Hour Minimum Charge)
Equipment that is returned without a full tank of fuel will be subject to $4 per gallon charge on gasoline and $5 per gallon charge on diesel. Disel Exhaust Fluid (DEF) will be provided upon request at no charge.
For good and valuable consideration, you, the renter, and Elle-J Rock & Rental, an Indiana LLC (hereinafter, “Elle-J”) agree as follows: As used herein, •P.1-5 means the first 5 pages or "face" of this Contract; contract means P.1-5 together with these Terms and Conditions of Rental Contract. "§' means a numbered Section of this Contract: "Rented item(s)' or "item(s)" means the item(s) provided to you, as identified on P.1 (including the Instructions referenced in§ 5): "Site means the delivery use address set forth on P.1; “Customer” "Lessee” "You” and "your" mean the “Customer” or "Lessee” identified on P.1-5, and "Lessor,· "we” “us” and “our” mean Elle-J. You agree to rent from Elle-J and Elle-J agrees to rent to you the Rented item(s) for the period(s) specified on P.1-3 (the “Term"). You agree to pay us our stated rental rate(s) (the "Rent'), together with any other charges accruing hereunder, without proration, reduction or set off, until all Rented item(s) is/are returned to and accepted by Elle-J. Unless otherwise specifically agreed in writing by Elle-J, all rental rates are for normal use of the Rented Item(s) on a single-shift basis during the Term, not exceeding 8 hours per calendar day, 40 hours per 7-day period, and 160 hours per 28-day period, and otherwise in accordance with the terms hereof and the 'instructions' referenced in § 5. You agree to pay additional prorated rent and all other applicable charges and costs for late returns and overuse. No allowance will be made for weekends, holidays, time in transit or any other period of non-use. We have estimated the Rent based on your estimate of the term (the “Estimated Rent"). Unless otherwise specifically agreed in writing by Elle-J, you: (a) are required to pay to Elle-J: (i) the Estimated Rent specified on P.1-5 in advance of the Term (the estimated rent); and {ii) any additional amounts coming due here under upon demand; and (b) agree that: {i) Elle-J may deduct any amount you owe us from any Prepayment; (ii) no interest accrue on any Prepayment; (iii) no prepayment will be deemed a limit of your liability to Elle-J; and (iv) all Prepayments are NON-REFUNDABLE. Anything remaining with, ln or on any Rented item(s) upon return will, at our option be deemed surrendered and abandoned.
If we agree to deliver and/or retrieve any item(s), you agree to: (a) pay our regular charge(s) therefor, and for all waiting time; {b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. We will not be responsible for any delay(s) caused by the acts or omissions of any other parties, including providers of other equipment or services (“Other Providers”) for which you hereby release and agree to hold harmless Elle-J if you are not present upon delivery and/or retrieval of any item(s), you agree to accept the statements of Elle-J’s representatives and third-party delivery personnel regarding the same (including status, condition, quality, utility, freedom from defects, and quantities). Except with respect to item(s) Elle-J rents from one or more third-party owner(s) (each, a 'TPO") and re-rents to you (each, a "Re-Rented Item'), Elle-J owns and will always retain title to all Rented Items. Your only right with respect to the Rented item(s) (including Re-Rented Items) is to use it/them in full compliance with this Contract during the Term. You shall not permit the taking or existence of any lien, claim or encumbrance on any such Item. You shall not transfer, sublease, or assign any Rented Item or this Contract without the prior written consent of Elle-J (In Its sole discretion). Elle-J may sell and/or assign all or any part of its interests in the Rented item(s) and/or this Contract, in which event, you agree to an attorney to the assignee, and that such assignee shall not be responsible for any pre-existing obligations or liabilities of Elle-J Upon your execution of this Contract (or upon later delivery of the item(s), unless you immediately reject it/them), you represent, warrant, acknowledge and agree that (a) each Item: (i) is in good repair and operating condition and is in all ways acceptable to you; (ii) Is appropriate for your purposes; and (iii) was selected (not based on any recommendation by Elle-J), carefully examined and inspected solely by you; and (b) you: (1) have received, read and understood all training, instructions, user manuals, maintenance requirements, and other information, if any (including without limitation, all applicable EPA OSHA DOT FMCSA ASME. ASSE EEE IBC and/or ANSI Standards) regarding the proper and safe transportation. installation, fueling, use, maintenance and storage of such item(s) (collectively, “Instructions”): (ii) will fully comply therewith (Including without limitation, tier 4, silica dust and eld requirements); (iii) have been made aware of the need to use all recommended and required safety equipment (iv) will use each Item only for its intended purpose, in a reasonable and safe manner, (v) will give any required notice(s) to, and obtain any necessary licenses, permits, authorizations and approvals from, the appropriate governmental authorities: (vi) will ensure the Site is reasonably clean, safe, and secure: (vii)will advise all local utilities and cable companies, and clearly mark all underground lines and utilities, before using any item(s) to dig or disturb the ground surface (Call 811 at least 3 full business days in advance); (viii) will immediately cease using any Item that breaks down, malfunctions, prove defective (a “Malfunction”); and (ix}will ensure that all others comply with this § 5. You agree to notify Elle-J immediately if any of the above statements should prove incorrect or misleading at any time. WARNINGS: POWERED TOOLS AN EQUIPMENT, INCLUDING VEHICLES, FORKLFTS, EXCAVATORS, LOADERS ANO OTHER ITEMS USED FOR DIGGING, LIFTING, CUTTNG, LOADING, TRANSPORTATION, TOWING AND/OR HAULNG, CAN BE DANGEROUS AND SHOULD BE SERVICED, MAINTAINED, REPAIRED AND USED WITH GREAT CARE, ONLY FOR THEIR INTENDED PURPOSE(S). AND ONLY OPERATED BY PROPERLY QUALFIED, instructed, TRAINED, FAMILIARIZED, AND IF APPLICABLE, LICENSED, ADULTS. YOU AGREE TO PROVIDE ANY AND ALL NECESSARY FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL USERS. OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S), and ensure that each such Item Is used safely and only: (a) for Its Intended purpose(s); (b) within its rated capacity; (C) unless otherwise specifically agreed by Elle-J on a case-by case basis, at the Site; (d) BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTFIED AND/OR LICENSED ADULTS; and (e) otherwise in full compliance with the instructions as well as all applicable laws, rules and regulations, at all times. You agree to protect, properly maintain,and care for each Rented item at all limes, keep it safely and securely stored and locked when not in use, and returned to Elle-J on time, clean and otherwise in good order, condition and repair, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluid and lubricants. You will not, nor will you permit anyone else to: (I) abuse, misuse, overuse, remove from the Site, conceal, repair, modify, damage or destroy any Rented item: (ii) violate any applicable law, policy of Insurance or warranty: (iii) use any item(s) to store, move or otherwise operate or deal with or in any flammable, explosive, noxious, caustic, corrosive, radioactive or otherwise hazardous substances or circumstances; or (iv} take possession of or exercise control over any Rented Item without our prior written consent (which may be granted, conditioned, or withheld in our sole discretion). If you fail to fully comply with this § 7, then in addition to your other obligations arising under this Contract, you will pay Elle-J (a) Rent for each succeeding full rental period until all such item(s) have been returned or replaced as required; and (b) all costs and expenses Elle-J may incur in connection with such a failure. In the event of a Malfunction (as defined in§ 5), you will immediately notify Elle-J, and provided such Malfunction did not result from or in connection with any wrongful or negligent act or omission (including any breach of this contract) by you or anyone you permit to use or otherwise deal with any Rented item(s), Elle-J will, at its sole option: (a) repair the Malfunctioning item; (b) provide you with a comparable item: or (c) return the unused portion of the Rent for the Malfunctioning item and cancel this Contract The foregoing remedies are EXCLUSIVE. Elle-J will have"' other obligation(s) regarding Malfunctions, all of which you hereby waive. You agree to maintain all insurance we may require (acknowledging that Elle-J may not carry insurance on the Rented item (s), including without limitation: (a) liability insurance with minimum limits of $1,000,000 per occurrence: (b) property damage, inland marine insurance covering all Rented Items for the full (new) replacement cost thereof. (c) for all automobiles and trailers included with the Rented item(s). hired auto physical damage insurance for its/their actual cash value and hired auto liability insurance with minimum limits of $1,000,000; and (e) to the extent required by law, workers' compensation employers’ liability insurance. You will ensure that such policies: (i) name Elle-J as an additional insured and loss payee; (ii) are primary and noncontributory: {iii) include severability of interest's clauses; (iv} include such other provisions as Elle-J in its sole discretion. may require; and (v} cannot be cancelled during the Term, you irrevocably appoint as your agent and attorney-in-fact to submit claims and receive payments thereon
1. Elle-J IS NOT THE MANLFACTURER OR DESIGNER of any Rented item(s) all of which are provided "AS IS". NIETHER Elle-J NOR ANY TPO MAKES ANY WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANT Ability, Suitability, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN QUALITY CAPACITY FREEDOM FROM DEFECTS AND/OR GOOD AND WORKMANLIKE PERFORMANCE, as well as any warranty(ies) arising from course of dealing. course of performance and/or usage of trade) regarding any item(s) or Service(s) provided by or at the direction of Elle-J OR ANY TPO, nor does Elle-J OR ANY TPO make any warranty against INTERFERENCE OR INFRINGEMENT, all of which warranties you hereby waive. NO DESCRIPTIONS DEPICTIONS SPECIFCATIONS, MODELS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY ELLE-J OR ANY TPO.
2. INDEMNITY/HOLD HARMLESS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW YOU HEREBY: (A) ASSUME ALL RISK OF PERSONAL INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERECED IN THIS CONTRACT, INCLUDING Without LIMITATION, ANY AND ALL LIABILITES. CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECOON. DESIGN, MANUFACTURED USE, LOADNG, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVCING, MAINTENANCE, REPAIR AND/OR RETAKING OF ANY SUCH ITEM(S) AND/OR SERVICES(S), HOWEVER ARISING (COLLECTIVELY. 'RISKS'); (B) RELEASE AND DISCHARGE ELLE-J AND EACH TPO FROM, and except only to the extent prohibited by applicable law (e.g., any sovereign or governmental immunity act or statute), AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ELLE-J, EACH TPO, AND THEIR RESPECTIVE OWNERS, OFFCERS, DIRECTORS, AGENTS, EMPLOYEES, INSURERS, SUBROGEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES. LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH SUCH RISKS AND/OR ANY BREACH BY YOU, YOUR AGENTS, EMPLOYEES AND/OR CONTRACTORS OF THIS CONTRACT; and (c) WAIVE all rights and remedies under the Uniform Commercial Code, as well as all incidental, consequential, special, and punitive damages, against Elle-J and each TPO.
3. If and only if, we have offered, and you have elected lo purchase our OPTIONAL RENTAL PROTECTION PLAN ("RPP") and paid the RPP fee set forth on Page 1, prior to commencement of the Term, then with respect solely to item(s) covered by RPP ("Covered items"), your liability to Elle-J for physical damage to such covered Items will be limited to the extent set forth incur "Rental Protection Plan Guide." a copy of which you (a) acknowledge you have received and carefully reviewed; and (b) agree to honor and be bound by. RPP IS NOT INSURANCE, NOR IS IT A WARRANTY.
4. Your duties hereunder are unconditional. If you: (a) fail to fully and timely comply or perform any of your obligations arising under or otherwise fail to fully and timely comply with any provision of, this Contract: (b) provide any incorrect or misleading Information to Elle-J (c) become insolvent: or (d) die or cease conducting business or if any Rented item(s) shall be lost. damaged or destroyed you will be In default under this Contract, whereupon, Elle-J may with or without notice (and without liability to you), to the maximum extent permitted under applicable law: (i) terminate your rental of the Rented item(s): (ii) seek relief from any automatic stay, (iii) recover, lock or disable the Rented item(s) without being guilty of trespass or other transgression (for which YOU agree to indemnify, defend and hold harmless) Elle-J: (iv) perform your obligations hereunder on your behalf, without being obligated to do so; {v) purchase replacement item{s); (vi) recover from you our associated direct and indirect damages, losses, costs and expenses (including without limitation Rent for the remainder of the Term, interest and attorneys' fees); and/or (vii) pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative.
5. To the maximum extent permitted under applicable law, you hereby ratify, acknowledge, confirm, and grant to Elle-J (a) a lien, on all real and personal property improved with and/or attached to any Rented item(s), or on which any Rented item(s) may be located or used: and (b) a claim on any payment bond provided in connection therewith We may, without notice or no ability to you remotely monitor (which may include the use of GPS, telematics and other electronic surveillance) (a)and/or inspect any Rented item(s) at any time, and all Information and data thereby obtained will be the sole and exclusive property of Elle-J. If any performance required of Elle-J is delayed or rendered impractical as a result of any act or omission of any Other Provider{s) or any “Act of God” (any event, fact or circumstance beyond un-reasonable control), we will be excused from such performance. All amounts due here Under but not timely paid will bear Interest at the highest rate permitted under applicable law until paid. You authorize Elle-J to charge all amounts due and coming due hereunder to any debit or credit card(s) you provide. You agree to pay Elle-J the maximum lawful charge for any check you write which is returned unpaid. No legal action shall be maintained by you against Elle-J unless: (a) written notice of your claim is delivered to Elle-J within 30 days after the event complained of first became known to you: and (b) such action is commenced in a court of competent jurisdiction Within one year after your cause of action occurs. In any event, Elle-J's maximum liability in connection with, this Contract Is limited to the amount(s) actually paid by you hereunder. You agree to pay all taxes (including all sales, use, transfer, value added, environmental and other taxes), fines, fees, assessments and other charges related to each Item. In the event any legal action is commenced in connection with this Contract, if Elle-J is the prevailing party, Elle-J will be entitled to recover its costs and expenses associated therewith (including without limitation. reasonable attorneys' fees and expenses) from you. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available hereunder or in connection herewith will constitute an election of remedies or a waiver of any right or remedy we may have, an of which shall be cumulative.
6. You acknowledge that the Rented item(s) is/are held by Elle-J primarily for sale. At any time during the Term, Elle-J may substitute for the Rented item(s) any other item(s) that perform(s) substantially the same function as the Rented item(s), where after (subject to subsequent similar substitutions), the item(s) so provided will be deemed the "Rented item(s)" referenced in this Contract for the balance of the Term. You agree to fully and timely cooperate with all substitution notices received from Elle-J (by, among other things, providing revised insurance certificates and such other documents as may be requested by Elle-J. Any item(s) sold to you ("sale items”), as provided on P.1-5 are provided "AS-IS” and "WITH ALL FAULTS" and are subject to the terms of this Contract (modified as necessary to address sales). All item(s) not specifically identified as Sale Items on P.1-5 will be deemed to be 'Rented item(s)
7. This Contract, our RPP Guide and any other document(s) provided by Elle-J (each of which is incorporated herein), represent the entire. agreement between you and Elle-J superseding all other oral and written agreements and representations, including Elle-J’s website and advertising. The terms of this Contract are severable if any provisions hereof shall be deemed invalid or unforeseeable by any court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make such provision valid and enforceable, or if no such modification shall be possible, deleted, and in either such event the remainder of this Contract will remain valid and in full force and effect. This Contract cannot otherwise be amended or extended except in a writing signed by Elle-J. Time Is of the essence. There are no third-party beneficiaries hereto other than the TPO(s), if any (each of whom shall be deemed an Intended third-party beneficiary of your agreements hereunder, as applicable). This contract will be deemed to apply not only to aII item(s) identified on P.1-5 but also to all other items you obtain from Elle-J at any time (except only as otherwise agreed by Elle-J). You agree that this Contract (a) Is fair and reasonable under the circumstances: and (b) shall be Interpreted under the laws of the State (with proper venue for any and all associated civil lawsuits and legal proceedings tying solely and exclusively in the federal, state, county and local courts located in or nearest to) the Elle-J location from which you obtained the item(s) (unless waived by Elle-J), You consent and submit to such jurisdiction and venue and waive all claims that such venue lies in an inconvenient forum. Digital, electronic, photocopied and facsimiled signatures and initials included on this Contract shall be deemed originals.
WARNING: Obtaining or exerting unauthorized control over property or services of another with intent to deprive the owner of the use thereof without the owner's consent may be deemed theft, subjecting the violator to CRIMINAL PROSECUTION In addition to CIVIL PENALTIES.