Terms & Conditions of Rental and Sale
1. Nature of this Agreement and Definitions. The terms and conditions of this agreement (the “Agreement”) are for the rental or sale by Tri-California Events, Inc. dba TC Rentals (“TCR”) of the equipment or products described in the accompanying quotation (“Quotation”), including all parts and
accessories (the “Equipment”), or the transportation or servicing of any equipment (“Services”). The following information is found on estimate: the customer (“Customer”), the TCR facility where the Equipment is rented or purchased (the “Facility”), the and the job site where the Equipment may be
delivered or used (the “Site”).
2. Priority of this Agreement. Customer agrees that its rental or purchase of Equipment is conditioned upon complying with these terms and conditions. Any person signing this Agreement or otherwise accepting the terms of the Quotation represents that he or she is of legal age, and has the authority and power to sign this Agreement and bind Customer to its terms. Customer agrees that this Agreement supersedes and controls over all other communications or agreements with TCR. Any written or oral terms of conditions or other provisions different from or varying these terms and conditions, wherever found, are rejected and not binding on TCR.
3. Rental Period. The “Rental Period” begins when the Equipment is picked up by Customer from TCR, or is delivered to Customer or the Site, and ends as provided for in Section 9 below. During the Rental Period TCR may require access to inspect the Equipment and perform maintenance without notice.
4. Pick Up, Delivery and Risk of Loss. Risk of loss and damage to the Equipment or caused by the Equipment passes to Customer when Customer has possession or control of the Equipment, either at time of pick up from the Facility or delivery to the Site, and passes back to TCR once it is in possession of the Equipment. Customer acknowledges having examined (or had the opportunity to examine) the Equipment at the time of pick up or delivery. Customer authorizes TCR to deliver the Equipment to the Site without obtaining a written delivery receipt. After delivery, Customer is responsible for the return of the Equipment (see Section 9 below), and for any loss or damage to the Equipment or caused by the Equipment, including TCR’s cost to repair or replace the Equipment and related costs, which may include an administrative fee, loss of use, appraisal fees and costs of recovery.
5. Availability of Equipment or Services. TCR will use reasonable efforts to deliver the Equipment at the time requested. TCR is not liable for delay, damage or loss if it is unable to provide or maintain the Equipment or provide Services for any reason, including a force majeure event. TCR will use reasonable efforts to minimize the duration and consequences of any delay, and may allocate Equipment among its customers in its sole discretion.
6. Operators of Equipment. Customer is responsible for ensuring each operator of the Equipment is properly trained and qualified, and ensuring that all operators are of legal age, have a valid operator’s license, are not under the influence of drugs or alcohol, and are in compliance with all applicable laws, rules and regulations. Only Customer, its agents, representatives or employees acting in the course of their employment, may use or operate the Equipment. Except for any training required by law, TCR is not responsible for providing operator training unless Customer requests and pays for that training.
7. Condition of Equipment; Notice of Unsafe Condition. Prior to each use, Customer will inspect the Equipment to confirm that it is safe and in good operating condition, without defects, with readable decals and operating and safety manuals, and that it is suitable for Customer’s intended use. Use of the Equipment is an acknowledgment that it is safe and in good working order and that Customer has received all safety and other information necessary to operate the Equipment. Customer will immediately notify TCR if there is an accident involving the Equipment or if it is defective, malfunctioning, lost, damaged, stolen or unsafe, and must immediately discontinue its use. TCR will, at its option and without any further liability or responsibility to Customer (a) repair or replace the Equipment within a reasonable time, with the Rental Period tolled for the time the Equipment is not operational; or (b) pick up the Equipment and refund or credit the rental charges, if any, for the time the Equipment is not operational, less any amount due TCR for damage to or maintenance of Equipment that is Customer’s responsibility. Customer will provide access to the Equipment by TCR’s representatives to enable TCR to meet its obligations under this Section.
8. Equipment Use. The Equipment may only be used: (a) at Customer’s designated Site; (b) outside of any contaminated area or exposure (the use around or with any hazardous materials, wastes, substances, toxins or biomedical hazards is prohibited); and (c) in accordance with manufacturer’s rated capacity and operating instructions. The Equipment must be protected and kept in a secure location while in Customer’s possession or control. Customer may not (i) alter, disfigure, or cover up any numbering, lettering, decals, or insignia on the Equipment or remove any operation or safety manuals; (ii) sublet, loan or dispose of the Equipment; (iii) move the Equipment from the Site without TCR’s written consent; (iv) use the Equipment in a negligent, reckless, illegal, unauthorized or abusive manner or to transport any explosives or hazardous materials; or (v) allow the operation of the Equipment for an illegal purpose or by any unauthorized operator.
9. Return of Equipment. At the end of the Rental Period, the Equipment must be returned to TCR in the same condition it was received, less ordinary wear and tear, properly cleaned and free of any hazardous materials and contaminates. The Rental Period will not terminate and rental charges will continue to accrue if the Equipment is not returned in this condition. For Equipment that is to be picked up, Customer must notify TCR at the time the Equipment is ready to be picked up at the Site. If Customer is returning the Equipment to TCR, Customer is responsible for securing an appointment at the Facility. Any loss of or damage to the Equipment resulting from a return other than as set forth above is Customer’s responsibility. If the Equipment is not returned or called off rent by the estimated end of the Rental Period specified in the Quotation, in addition to the charges set forth in this Agreement, Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period.
10. Compliance with Law and Safety Regulations. Customer agrees to comply with all laws and regulations, including the Occupational Safety and Health Administration Act and all other Federal, state, provincial and local laws, regulations, and ordinances, as applicable, which may affect the Equipment or its use while in the possession of Customer. Customer may not disable or alter any safety device on the Equipment.
11. Services. If TCR provides Services to Customer, including setup, strike, training, repair or maintenance, it will use professional skill and judgment in accordance with normally accepted industry standards. If TCR fails to do so, and as its only obligation to Customer for defective Services, TCR will perform those Services again at its expense.
12. Disclaimer of Warranty; Limitation of Liability. All Equipment rented or sold to Customer, whether new or used, is rented or sold AS IS, WHERE IS. The term “AS IS, WHERE IS” means that Customer has received and accepts the Equipment in its then current condition, with all faults, and without any representation or warranty by TCR, express or implied. TCR passes through to Customer the manufacturer’s warranty, if applicable, and no oral representations or warranties are binding on TCR. TCR MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR THAT IT IS FREE OF LATENT DEFECTS. Customer
acknowledges that TCR is not a manufacturer of the Equipment, and waives all claims for damages for breach of warranty, including claims for injury, property damage, parts, labor, delay or business interruption to customer or third parties. Under no event is TCR responsible for special, indirect, incidental or consequential damages.
13. Purchase of Equipment or Merchandise. If Customer purchases Equipment, including consumable supplies, custom products, and off-the-shelf merchandise, TCR will transfer title to Customer, free of any liens, upon Customer’s payment of the purchase price in full, plus any costs, interest, or other charges due. Until full payment, TCR retains title to and reserves a security interest in the Equipment. Customer acknowledges that it has received all manuals, warranties, limits, restrictions, and specifications of the manufacturer of the Equipment. Customer will pay daily storage fees until the Equipment is removed from the Warehouse. TCR will store the Equipment outside in a fenced yard. Customer agrees that TCR is not
responsible or liable for any loss or damage to, or theft of, the Equipment regardless of the circumstances giving rise to the loss, damage, or theft.
14. Customer’s Indemnification. Customer at its expense will reimburse, indemnify, and hold harmless, TCR, its agents, officers, directors and employees, against all losses, liabilities, damages, injuries, demands, costs, expenses (including legal and investigative fees), claims, fines, settlements or penalties, including bodily injury, death, property or other damage arising out of or related to any breach of this Agreement and Customer’s use of the Equipment. This indemnification includes improper use, possession, operation, erection, dismantling, servicing or transport of the Equipment, and the disabling or altering of any safety device. Customer must present a claim to its insurance carrier for any loss, damage or injury.
15. Customer Insurance Obligations. Customer agrees to maintain appropriate insurance protecting TCR from all loss, damage, expense, or penalties arising from or related to the use of the Equipment during the Rental Period. This insurance must include bodily injury, property damage, general liability, and automobile liability coverages, with limits of at least $1,000,000 for each person and each occurrence. Customer agrees to name TCR as an additional insured. Customer must name TCR as loss payee evidencing coverage for theft or physical damage to the Equipment in an amount equal to the greater of the aggregate value of all Equipment or a minimum of $25,000. In addition, Customer must have a certificate of insurance (“COI”) on
file with TCR or provide a COI evidencing all required coverage at the time of rental. TCR does not provide, extend or afford any insurance coverage to Customer, or any passenger or operator of the Equipment. Customer will be responsible for any loss or damage to the Equipment until it is returned pursuant to Section 9 of this Agreement.
16. Equipment Protection Plan. Customer has the option to accept TCR’s Equipment Protection Plan (“EPP”) by paying an additional 15% of the net rental rate for all applicable Rental Items. If Customer fails to provide TCR with an acceptable COI, Customer agrees to accept EPP. If Customer accepts the EPP, then TCR waives all claims against Customer for accidental breakage or damage to Rental Items, with the exception of third-party sub-rental items, that occurs despite usage and handling with reasonable care. Items not returned to TCR within seven (7) days after your event are billed the full replacement cost. The EPP is not insurance and it does not cover (a) Rental items not returned; (b) Theft; (c) Damage resulting from vandalism or intentional or improper misuse; (d) Damage resulting from failure to secure Rental Items during transport, overloading or exceeding the rated capacity of the Rental Items; (e) Damage to motors, engines, or devices caused by misuse; (f) any damage resulting from overturning; (g) any damage resulting from use of the Rental Items in violation of any provision of this Agreement or violation of any law, ordinance or regulation; (h) Any damage due to weather; and (i) any Damage to third-party sub-rental items or specialty items.
17. Overtime, Refueling and Other Charges. Customer will pay all rental time, mileage, delivery charges, surcharges, service, transportation, refueling, and environmental fees, taxes, and all other charges for the Equipment. The basic daily, weekly and 4 week rental entitles Customer to a maximum of one-shift use based on an 8 hour day, 40 hour week, 160 hours for 4 weeks. In the event the Equipment is used for a longer period, overtime rental will accrue at the hourly rate of 1/8 of the daily charge (daily rental), 1/40th of the weekly charge (weekly rental) and 1/160th of the 4 week charge (4 week rental), plus applicable taxes. Customer must return the Equipment with full fuel tanks or be subject to a refueling charge.
18. Payment. Payment of all rental and service expenses, or if a sale, the sale amount, stated on the Quotation, and payment for any loss of damage to the Equipment, is due in full upon receipt of invoice by Customer. All amounts unpaid after 30 days will accrue interest from the date due at the lesser of 18% per annum, or the maximum amount permitted by law, plus costs, attorney’s fees and all expenses of collection and repossession of the Equipment. TCR may offset amounts due under this Agreement against any amounts TCR owes to Customer. Customer agrees to allow all payments made by paper check to be processed by one-time electronic debit (“e-check”) from the checking account on the paper check.
19. Events of Default. It will be an event of default under this Agreement if Customer fails to make any rent or other payment when due; breaches any provision of this Agreement; becomes insolvent, ceases doing business, if a petition for bankruptcy is filed by or against Customer; or if Customer is in default of any other agreement with TCR.
20. Remedies of TCR. In the event of default, or if Customer fails to return the Equipment on the date due for any reason, Customer agrees that TCR may enter without notice the Customer’s premises to repossess or render the Equipment inoperable. TCR may also terminate this Agreement without notice and without prejudice to any other claim TCR might have against Customer. Customer is liable for any loss or damage to the Equipment or caused by the Equipment, or for a breach of this Agreement, notwithstanding the termination. TCR’s remedies under this Agreement are cumulative and in addition to all other remedies existing at law or in equity.
21. Dispute Resolution. This Agreement is governed by California law, any dispute between the parties will be resolved under California law and in Monterey County, California, and Customer consents to jurisdiction and venue in Monterey County. If there is any litigation between the parties, the prevailing party is entitled to its costs and legal fees.
22. Privacy Consent. The Customer consents to the collection and use of personal information by TCR, its affiliates, agents or service providers for any purpose permitted by law.
23. Miscellaneous. This Agreement constitutes the complete and exclusive statement of the terms and conditions between the parties, and may be modified only by a writing executed by both of them. Customer may not assign this Agreement without TCR’s prior written consent.
24. Acceptance. The terms and conditions of this Agreement will be deemed accepted upon the signature by Customer or commencement of the Rental Period.