Equipment Rental Agreement

The person or entity identified as “Owner” and the person identified as “Customer” or “Renter” on the online Reservation Details were connected online through a website, mobile application, and/or associated services provided by Lenddit, Inc. (collectively, “Lenddit” or the “Lenddit Services”). As part of connecting through the Lenddit Services, the Owner and Customer agreed to be bound by the Lenddit Terms of Service and incorporated policies. There is important information below that you should review and understand, regardless of whether you are an Owner or Customer. The online Reservation Details and this Rental Agreement are collectively referred to as the “Agreement”. Customer’s execution of this Agreement or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of the terms herein. Customer rents the Equipment from Owner pursuant to this Agreement, which is a true lease.

1. Definitions

“Authorized Individuals” means those individuals that Customer directly or indirectly allows to use the Equipment, who must be properly trained to use the Equipment, at least 18 years old or the legal age of majority in the state, whichever is greater and are not under the influence of any drugs, alcohol, substances or otherwise impaired.
“Customer” means the person, or entity identified on the Reservation Details as “Customer” and or “Renter”.
“Equipment” means the equipment identified on the Reservation Details, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented.
“Incident” means any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment.
“Party” means Owner or Customer and together both are the “Parties”.
“Rental Period” means the period between when the Customer’s schedule starts or takes possession, whichever comes first, of the Equipment until it is returned to the Owner or otherwise recovered by the Owner.
“Owner” means the person, or entity identified on the Reservation Details as “Owner”.
“Agreement” means the Equipment Rental Agreement.
“Commission” means the Rental Fee minus a fee of the gross rental price, calculated at a rate of 0-100% of the Rental Fee, with a minimum Commission of Five Dollars ($5).
“Rental Fee” means daily Rental price multiplied by the number of days rented plus the Damage Protection, the Commission and any applicable taxes and fees.
“Deposit” means money paid or held to Lenddit as an earnest or security for the performance of the Equipment Rental Agreement or other obligation.

2. Payment

Customer shall pay for the Rental Fee, including deposits (“Deposit”), in full, in advance of the Rental Period using a payment card approved by Lenddit and the third party (“Customer Card”) through Lenddit and the third party of Lenddit’s choice. Customer consents to the reservation of credit for estimated charges due and authorizes Lenddit and third party to process all amounts due, on Customer Card (including Equipment rental, taxes, and fees). All charges are subject to audit, and either party will promptly pay to or credit the other party for any necessary adjustments or corrections to charges as a result of the audit. Customer will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts. Customer agrees to and acknowledges that if there are any additional costs associated with the Equipment Rental Agreement, that Customer will be charged on the Customer Card to reimburse Owner and or Lenddit.

3. Deposit

Customer agrees and warrants that Owner shall determine deposit amount. Customer acknowledges that the deposit may not be returned in whole or in part (a) if Equipment is returned unclean, (b) if damage exceeds the Damage Protection amount of one thousand dollars ($1,000), (c) if it is determined that Customer violated the Equipment Rental Agreement, (d) if Equipment is utilized in a prohibitive manner, damaging the equipment and (e) if any other incident occurs to the Equipment.

4. Title

This Agreement is not a contract of sale, and title to the Equipment shall at all times remain with Owner. Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.

5. Inspection of Equipment

Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Customer's needs. If Customer discovers any malfunction or defect in Equipment, Customer shall promptly notify Owner. Customer shall abide by all third-party manufacturer requirements regarding use, repair, maintenance, and notice of Equipment while in Customer’s possession. Customer agrees to (a) perform routine inspections on the Equipment, including inspections on leaks, cooling systems, water batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications, (b) maintain proper fuel, lubrication levels or oil in the Equipment.

6. Permitted Use

Customer agrees and warrants that (a) Owner has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits, (b) prior to each use and its return to Owner, Customer shall inspect the Equipment to confirm that the Equipment is in good condition, without defects, readable decals are on the Equipment, and the Equipment is suitable for Customer’s intended use; (c) Customer has access to and reviews the operating and safety instructions (the “care guide”, “owner’s manual”, “operator manual” or any other type of manual), that could be found on the internet or presented to you from the Owner of the Equipment, and will operate the Equipment in accordance with the manufacturer’s instructions and with applicable safety equipment; (d) Customer shall immediately stop use and notify Owner if the Equipment is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, lost, or if any Incident occurs; (e) Customer has received from Owner all information needed or requested regarding the operation of the Equipment; (f) Owner is not responsible for providing operator or other training unless Customer specifically requests in writing and Owner agrees to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (g) Customer is responsible for the Equipment and its use during the Rental Period regardless of the user; (h) the Equipment shall be used and maintained in a careful manner, within the Equipment’s capacity and in compliance with all applicable laws, regulations, as well as all operating and safety instructions provided on, in or with the Equipment and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA and ADA, as revised; (i) the Equipment shall be kept in a secure location; and (j) Customer shall provide Owner with accurate and complete information, which Owner relies upon to provide the Equipment to Customer. If the manual is not found on the internet and the “Owner” cannot present you with a copy of the manual, you can opt out of the rental before the rental starts with full explanation to said owner and an email to Lenddit at support@lenddit.com. If Owner can find the manual on the internet and present it to Lenddit, then the Renter will be charged the original rental cost plus taxes and fees.

7. Delivery

Customer agrees and warrants that (a) Owner shall agree to exchange or deliver the Equipment at Owners discretion, (b) Owner may charge additional fees to Customer to provide a delivery service (c) Lenddit has no influence in determining the delivery time or method to which Owner delivers Equipment.

8. Prohibited Use

Prohibited Use. Customer shall not (a) alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment; (b) use the Equipment in a negligent, illegal, unauthorized or abusive manner; (c) publicize use of the Equipment in any manner (including, without limitation, print, audiovisual or electronic); or (d) allow the use of the Equipment by anyone other than Authorized Individuals (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties), (d) operate the Equipment while intoxicated or under the influence of any substance the impairs Customer’s ability, and (e) remove, operate, or utilize the Equipment outside of the United States or Canada.

9. Malfunctioning Equipment

Should the Equipment become unsafe, malfunction, or require repair, Customer shall immediately cease using the Equipment and immediately notify Owner. If such condition is the result of normal operation, Owner will repair or replace the Equipment with reasonably similar Equipment in working order, if such replacement Equipment is available. Owner has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse or neglect of the Customer or its Authorized Individuals. Customer's sole remedy for any failure or defect in the Equipment shall be the termination of any rental charges accruing after the time of failure or defect. Customer must return the Equipment to the Owner within twenty-four (24) hours from the time of failure or defect in order to terminate rental charges.

10. Incidents

After an Incident, Customer shall: (a) immediately notify the Owner of the Incident (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident; (c) immediately submit copies of all police or other third-party reports to Owner surrounding the Incident. Owner shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident.

11. Return of Equipment.

General. At the expiration of the Rental Period, Customer shall return the Equipment to Owner at the location identified on the Reservation Details. Customer is obligated to return the Equipment in the same condition as when Customer took possession, reasonable wear and tear, excepted. Customer shall be responsible for all damages to or loss of the Equipment during the Rental Period. The following, without limitation, shall not be considered reasonable wear and tear: (1) damage resulting from lack of lubrication, insertion of improper fuel or maintenance of necessary oil, water and air pressure levels; cavitation; or freezing; (2) damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the Equipment; (3) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (4) wear resulting from use in excess of the Rental Period for which it was rented; and (5) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.
Late Return. Extensions to Reservation Period are at the Owner’s option. Customer agrees that if the Equipment is not returned by the end of the Rental Period, Owner, in its sole discretion, may require Customer to do any of the following: (1) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement; (2) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment; (3) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period. If the Customer does not contact the Owner, the Owner may determine that the Equipment is no longer in the Customer’s possession, Customer will be deemed unlawfully in possession of the Equipment, and the Owner and or Lenddit, may among other remedies, seek the issuance of a warrant for the arrest if Customer or any other person in possession of the Equipment.
Further Failure to Return Provisions:

State	Special Notice
Arizona	Failure to return the Equipment within seventy-two (72) hours of Rental Period is unlawful and is a class 1 misdemeanor.
Florida	According to 812.155, Florida Statutes states “FAILURE TO RETURN HIRED OR LEASED PERSONAL PROPERTY.—Whoever, after hiring or leasing personal property or equipment under an agreement to return the personal property to the person letting the personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of the person or persons knowingly abandon or refuse to return the personal property or equipment as agreed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”

Lost or Destroyed Equipment. In the case of the loss or destruction of any Equipment, or inability or failure to return same to Owner for any reason whatsoever, Customer will pay Owner the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced.
Damaged Equipment. If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay Owner the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed (pursuant to this section 14 & 16).
Remedy. Customer agrees that Owner and or Lenddit reserves the right to charge the Credit Card and/or Customer Card for any amount owed by Customer pursuant to this Section 10. Customer agrees to and acknowledges that if there are any additional costs associated with the Equipment Rental Agreement, that Customer will be charged on the Customer Card to reimburse the Owner and or Lenddit.

12. Refueling Serving Charge

If applicable, Customer acknowledges that a “Refueling Service Charge” will be applied to all Equipment not returned with a full tank of fuel. The exact cost of the Refueling Service Charge may vary depending on the rate being charged on the date Customer returns the Equipment. Customer acknowledges that the Refueling Service Charge is not a retail sale of fuel. Customer may avoid the Refueling Service Charge if Customer returns the Equipment with a full tank of fuel.

13. Customer Personal Property

With respect to any personal property left in or on the Equipment upon expiration of the Rental Period, Owner is not a bailee or warehouseman of Customer’s, or any other person’s, personal property. Owner expressly disclaims any custody, control, or responsibility for the care of Customer’s, or any other person’s, personal property. Owner may remove the personal property from the Equipment. Under no circumstances is Owner responsible for any personal property that may be lost, stolen, or damaged. Customer personal property left in or on the Equipment upon expiration of the Rental Period may be considered abandoned, unclaimed property in accordance with applicable state law.

14. Repairs

If applicable, in the event the damage to the Equipment exceeds the Damage Protection coverage amount of one thousand dollars ($1,000), and the deductible of 10% of replacement value of the Equipment or 10% of the cost of repairs, or “Prohibited use” of Equipment was discovered, Customer agrees to any or additional “Repair Costs” for the remaining loss of and damage to the Equipment that includes but not limited to the Equipment, plus actual towing, storage, impound and other related expenses. The Repair Costs will not exceed the fair market value of the Equipment and applicable fees. Customer acknowledges and agrees to pay the Repair Cost and authorizes Lenddit to charge the Repair Costs to the Customer Card. All maintenance or repairs must be performed by a third party the Owner or Lenddit approves.

15. Global Positioning System (“GPS”)

The Equipment may be equipped with a GPS or similar device that enables the Owner or Lenddit to monitor the use and location of the Equipment. The GPS is utilized to gather Equipment’s location (determined by GPS systems), mileage, fuel consumption, system status information. The Owner and Lenddit may use the information for various purposes, including, but not limited to (a) enforcing the terms of this Agreement, (b) locating lost or stolen Equipment, (c) providing Customer with support, assistance, or services. The Owner and or Lenddit may share this information with third parties performing services for the Owner or Lenddit and as deemed necessary, and (d) notifying with the legal process or a request from a government entity.

16. Damage Protection

Lenddit provides Damage protection, with respect to a deductible of 10% of replacement value of the Equipment or 10% of the cost of repairs, on all rentals to relieve Customer of repair charges, replacement charges and Administrative Charges up to one thousand dollars ($1,000), if the Equipment is damaged during normal use during the Rental Period ("Damage Protection"). The charge for Damage Protection is 10%-35% of the Rental Price and will appear as a separate line-item on the Agreement and on the invoice. Damage Protection is not insurance and Lenddit may make a profit on its Damage Protection. Damage Protection does not cover loss of or damage to the Equipment caused by theft, abuse, or intentional acts. Customer expressly acknowledges and agrees that Customer will be responsible for all loss or damage. Damage Protection does not cover cleaning costs and or fees associated with returning unclean equipment.

17. Cleaning

Equipment must be returned to the Owner in a 'rent-ready' condition, meaning it should be full of fuel and/or necessary fluids and reasonably clean. If the equipment is returned dirty, a cleaning fee will be charged to the Renter, determined by the Owner and Lenddit. The Customer acknowledges that a) the deposit may be withheld, in whole or in part, if the equipment is returned unclean or b) an additional fee will be charged to the Renters credit card on file. Lenddit may charge a specific fee, referred to as the 'Cleaning Fee,' to cover the cost of cleaning the tools or equipment. This fee is applicable to all rentals and is designed to relieve the Owners and Lenddit of cleaning charges and administrative costs. The Cleaning Fee is capped at five hundred dollars ($500) and will be applied if the equipment is returned unclean at the end of the Rental Period.

18. California Proposition 65 Warning Notification Requirement

Customer acknowledges that Equipment can expose Customer to chemicals including benzene, which are known to the State of California to cause birth defects or other reproductive harm. For more information go to www. P65Warnings.ca.gov.

19. LIABILITY

DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. CUSTOMER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE EQUIPMENT OVER ONE THOUSAND DOLLARS ($1,000), WITH RESPECT TO A DEDUCTIBLE OF 10% OF REPLACEMENT VALUE OF THE EQUIPMENT OR 10% OF THE COST OF REPAIRS, UNLESS IT’S DISCOVERED CUSTOMER USES THE EQUIPMENT IN A PROHIBITIVE USE CASE IN SECTION 8, WHICH CUSTOMER WILL ASSUME ALL RISK OF THE DAMAGE TO THE EQUIPMENT. FAILURE TO RETUREN THE EQUIPMENT COULD LEAD TO CUSTOMER BEING PROSECUTED FOR A CRIME.

20. NO WARRANTIES

OWNER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST OWNER. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES OWNER FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS INSTALLATION, OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF, A BREACH OF OWNER’S OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM CUSTOMER OR THIRD PARTIES, UPON WHICH OWNER RELIES; PROVIDED HOWEVER, IF CUSTOMER IS A CONSUMER UNDER APPLICABLE LAW, THEN NO CONSEQUENTIAL DAMAGES LIMITATION OF INJURIES TO PERSONS SHALL APPLY.

21. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS OWNER HARMLESS AND AT OWNER’S REQUEST, DEFENDS OWNER, FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) ACCESS, USE, POSSESSION OR CONTROL OF THE EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. All of Customer’s indemnification obligations under this paragraph shall be joint and several.

22. No Assignment, Lending or Subletting

Customer shall not sublease, subrent, assign, sell or loan the Equipment, and any such action by Customer shall be void. Owner may at any time, without notice to Customer, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.

23. Miscellaneous

In case any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. The waiver by either party of any right under this Agreement or failure to perform or of a breach by the other party shall not be deemed a waiver of any other right under the Agreement or of any other breach or failure by such other party whether of a similar nature or otherwise. This Agreement cannot be altered by another document or oral agreement unless agreed to in writing. In the event of any conflict between the terms of this Agreement and the terms of the Lenddit Terms of Service, the Lenddit Terms of Service control.