Term. This agreement shall commence on the Effective Date and remain in full force and effect until the Equipment is returned to the Owner. Renter shall return the Equipment on the agreed date unless terminated earlier consistent with the terms herein or if at the OWNERS Discretion and extension is granted and rental extension Fees are paid.
Payment. Renter shall pay the Rental charge plus security deposit and authorize Owner to charge the debit card or credit card on file with Owner an amount equal to all payments and fees dues under this Agreement as shown. Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, including but not limited to:
Charges for optional services, if any;
Applicable taxes;
Loss, damage, or repair to the Equipment and loss of use
A daily charge per day for late return of the Equipment of the highest amount allowable under law;
Unless due to the fault of the Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
All expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
All costs incurred to collect unpaid monies due.
Cost to refuel hired equipment
Location of Equipment. During the Term, Equipment shall be located at the Delivery Address stated on front of Rental Agreement, unless expressly agreed otherwise in writing by Owner or during refueling at the nearest refueling station or in transit to return to the owner.
Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals. Machinery and Equipment NOT CLEANED PRIOR to pick up is subject to a $15 for Smaller Equipment and $50 for Dingo Cleaning Fees.
Repair and Alterations. The costs of all repairs made during the Term shall be paid by the Renter, including but not limited to labor, material, parts and other items.7Equipment shall be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
Restriction on Use. Renter shall not:
Permit the Equipment to be used by any person who is not authorized to use such Equipment.
Operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment. Damage, repair or alter equipment in any way or Lose possession of the equipment.
Be affected by drugs and alcohol or medications (prescribed or otherwise) in any way. Hold a Current driver’s license with address shown and be not less than 18 years of age or more than 67 years of age.
Tamper with the hired machinery or any item attached to the machinery.
Tamper or interfere with any electronic equipment attached to machinery, vehicle or trailer to inhibit recovery.
Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by the damage to it or repair to it and missing equipment.
Condition of Equipment. The condition of Equipment is hereby incorporate by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition.
Return of Equipment. Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Return shall return the equipment to the agreed return location. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.
Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
THEFT WAIVER DOES NOT APPLYAND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THE THEFT even in the following circumstances:
Where the Customer has failed to keep the Equipment in a securely locked Compound, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or failed to use locking apparatus supplied for trailerif included in rental.
Failed to secure the vehicle or key in a safe place.
Where the customer has failed to submit to Nice Backyard a Police Report on the theft within 7 Days.
Equipment is considered still “on hire to hirers” and daily fees will be charged UNTIL a Police Report Number is provided and a fully completed “Hirer/Collision Damage Report Form” is provided by Hirers. The Hirer Collision/Damage Report Form is accepted by Nice Backyardon the basis that our Insurer or ourselves need the form suitably filled in to complete an accident insurance claim and on other parties if applicable to the accident or loss and as such may require you to provide further information and will notify the Hirers of its acceptance or NON-acceptance.
Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
