Terms of service
66 Equipment Rental Terms & Conditions
The term “Rental Center” in this agreement refers to 66 Equipment Rental and all Affiliates.
No operations are furnished, or indirectly, with our equipment. In consideration of hiring of the equipment as described in the invoice of this contract, it is agreed as follows:
1. Deposit – Renter acknowledges that one of the purposes and intent of the deposit is to secure and guarantee complete performance of Renter’s obligation under this contract.
2. Warning – The use of false or fictitious identification to obtain the equipment or the failure to return the equipment upon the expiration of the contract may be considered a theft, resulting in criminal prosecution.
3. Possession / Title – Renter’s right to possession of the equipment terminates on the return date indicated in this contract. Retention of Possession after this date constituted as a material breach of the agreement. Time is of the essence of this agreement. Any extension of this agreement must be agreed upon in writing. Title to the equipment is and shall remain with the Rental Center. If the equipment is not returned and / or levied upon for any reason whatsoever, Renter Center may retake said items without further notice or legal process and use whatever force is reasonably necessary to do so. Renter hereby agrees to indemnify, defend, and hold Rental Center harmless from any and all claims and costs arising from such retaking. If equipment is levied upon, Renter shall notify Rental Center immediately. This lease shall be governed by and construed under the laws of the State of Ohio without regard to its conflicts of Laws provision. Rental Center agrees that the State and Federal Courts for Shelby County, Ohio, or any other Court, in which Renter initiates proceedings have venue and exclusive jurisdiction over all matters arising out of this agreement. RENTER AND RENTAL CENTER HERBY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY.
4. Receipt / Inspection of Equipment – Renter hires the equipment on an “as is” basis. Renter acknowledges that they have personally inspected the equipment prior to its leaving Rental Center (regardless of point of delivery) and finds it suitable for their needs. Renter acknowledges receipt of all items listed in this agreement in good working order and repair and that he/she understands its proper operation and use without further instructions regarding operation and use from Rental Center. Renter acknowledges that they have had an opportunity to inspect all hitches, bolts, safety chain, hauling tongues and other devices and materials used to connect the equipment to Renter’s vehicle, if any, and Renter declares that they have received the equipment in a secure and operative condition.
5. Solvency – Renter represents to Rental Center that he/she is not solvent, and should become insolvent, they will return all equipment to Rental Center immediately.
6. Rental Period / Rate / Payment – Rental period is for a maximum of twenty-four (24) hours unless a longer term is specified in the “Return Date”. Renter charges begin immediately upon delivery of the equipment to the location directed by the Renter or upon equipment leaving Rental Center, whichever happens first. Rental charges end upon return of the equipment to Rental Center in an acceptable condition. If the equipment is returned prior to the end of the minimum rental period, the rental due shall be for the entire minimum rental period. Rental Center may terminate rental at any time and retake the equipment without further notice in case of violation by Renter of any terms and conditions of this agreement. Renter agrees to pay any collection costs and attorney(s) fees incurred in collection of this account or any dispute arising under this agreement. Rental rates are based upon single shift usage (8 hours per day, 5 days per week). If Renter makes greater use of the equipment, it is agreed that the additional usage will be charged.
7. Power of Attorney – Rental Center hereby irrevocably makes, constitutes, and appoints Renter or any officer, employee, or agent of Renter, as Rental Center’s true and lawful attorney with power to complete, and/or sign, on Rental Center’s behalf, Rental Center’s name or fill in any amounts on any check, draft or credit card charging document offered by Rental Center as security for its performance under this contract.
8. Ordinary Wear and Tear shall mean only the normal deterioration of the equipment caused by ordinary, reasonable, and proper use of the equipment on a one-shift basis. Damage which is not “ordinary wear and tear” included but is not limited to: damage resulting from lack of fuel or lubrication; failure to maintain proper oil, water, hydraulic or air pressure levels; damage due to overturning, overloading, or exceeding rated capacities; improper use; abuse; lack of cleaning; tire damages. Renter shall be responsible for all damage not caused from ordinary wear and tear.
9. Compliance with Law / Use of Equipment – Renter agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner. Renter acknowledges that Rental Center has no physical control over the use of the equipment. Renter agrees at this sole cost and expense to comply with municipal, county, state and federal laws, ordinances, and regulations (including O.S.H.A.) which may apply to the use of the equipment during the rental period. Renter further agrees to pay all licenses, fees, permits of taxes arising from their use of the equipment, including any subsequently determined to be due as a result of an audit. Renter shall not allow any person who is not qualified to operate the equipment or use the equipment. Renter shall not allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the equipment, permit any repairs to the equipment without Rental Center’s written permission, or allow a lien to be placed upon the equipment. Renter agrees to check filters, oil, fluid levels, air pressure, clean and visually inspect the equipment at least daily and to discontinue use and immediately notify Rental Center when equipment is found to need repair or maintenance. Renter acknowledges that Rental Center has no responsibility to inspect the equipment while it is in Renter’s possession. If the equipment becomes unsafe or requires repair, Renter shall discontinue using it and notify Rental Center immediately.
10. Return of Equipment – Renter agrees to return the equipment to Rental Center during regular business hours upon “return date” in as good condition as when received, ordinary wear and tear excepted.
11. Purchase Orders – The use of Renter’s purchase order number on this agreement is for Renter’s convenience and identification only.
12. Subletting / Location of Equipment – Renter agrees not to sublet, loan, or assign equipment. Renter shall not move equipment from address which Renter represented it was to be used.
13. Disclaimer of Warranties – Rental Center makes no warranty of merchantability or fitness for any particular use or purpose, either express or implies. There is no warranty or representation that the equipment is fit for Renter’s particular intended use or that it is free of latent defects. Rental Center shall not be responsible to Renter or any third party for any loss, damage or injury caused by, resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. Rental Center shall not be responsible for any defect or failure unknown to Rental Center. Renter’s sole remedy for failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that the Renter notifies Rental Center immediately of such failure and returns the equipment to Rental Center within twenty-four (24) hours of such failure.
Rent Protect - Is NOT insurance and does not provide any benefits for personal or property injury or protect against liability to employees, agents of the customer or third parties. If the customer declines this protection, the customer will be liable for the full cost of replacing and/or repairing any loss or damage to the equipment, resulting from any cause whatsoever. If the customer pays the fee in full, RENTAL CENTER will waive any claims which it may have against the customer for loss of damage to the equipment, up to a maximum of $500.00.
14. Disclaimer of Warranties – RENTAL CENTER ACKNOWLEDGES THAT RENTER IS NOT THE MANUFACTURER OF THE EQUIPMENT, NOR THE MANUFACTURER’S AGENT, NOR A DEALER THEREIN; THAT NEITHER THE MANUFACTURER, THE SUPPLIER NOR ANY SALESMAN, REPRESENTATIVE, OR OTHER AGENT OF THE MANUFACTURER OR SUPPLIER, IS AN AGENT OF RENTER. THE EQUIPMENT IS OF A SIZE DESIGN, CAPACITY, DESCRIPTION AND MANUFACTURE SELECTED BY RENTAL CENTER; RENTAL CENTER IS SATISFIED THAT THE EQUIPMENT IS SUITABLE AND FIT FOR ITS PURPOSES; AND RENTER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSESED OR IMPLIED, AS TO THE DESIGN, OPERATION OR CONDITION, OR AS TO THE QUALITY OF THE MATERIAL, EQUIPMENT OF WORKMANSHIP IN THE EQUIPMENT LEASED HEREUNDER, AND RENTER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, IT BEING AGREED THAT ALL SUCH RISKS AS BETWEEN RENTER AND RENTAL CENTER, ARE TO BE BORNE BY RENTAL CENTER AND THE BENEFITS OF ANY AND ALL IMPLIES WARRANTIES OF RENTER ARE HEREBY WAIVED BY RENTAL CENTER.
15. Default – Should Renter in any way fail to observe or comply with any provision of this agreement, Rental Center may, at their sole discretion, exercise any and all of the following remedies: (a) Termination of the agreement. (b) Retake the equipment. (c) Declare any outstanding rent and charges due and payable and initiate legal process to recover the monies. (d) Pursue any of the remedies available to Rental Center (exercise of any remedy available to Rental Center shall not constitute an election of remedies or waiver of any additional remedies to which Rental Center may be entitled).
16. Retaking of Equipment – Rental Center may retake the equipment for any reason without further notice or further legal process.
17. Accidents, Reporting, and Indemnification – IN THE EVENT OF ANY ACCIDENT RESULTING IN PROPERTY DAMAGE OR BODILY INJURY ARISING FROM USE OF THE EQUIPMENT WHILE IT IS IN RENTER’S POSSESSION, RENTER HEREBY EXPRESSLY AGREES TO ASSUME REPOSIBILITY FOR HIMSELF/HERSELF, HIS/HER OWN EMPLOYEES, AGENTS AND ASSIGNS NEGLIGENCE AND AGREES TO INDEMNIFY, DEFEND AND HOLD RENTAL CENTER HARMLESS FROM ANY CLAIM OR ACTION ARISING THEREFROM, INCLUDING ANY COSTS AND ATTORNEY’S FEES INCURRED IN CONNECTION THEREWITHIN. RENTER AGREES TO NOTIFY RENTAL CENTER IMMEDIATELY IN CASE OF ANY ACCIDENT AND TO OBTAIN THE NAMES, ADDRESSES, PHONE NUMBERS AND OTHER PERTINENT INFORMATION FROM ALL PARTIES INVOLVED AND ALL WITNESSES.
18. Notice of Non-Waiver/Severability – Any failure of Rental Center to insist upon strict performance by Renter as regards any provision of the agreement shall not be interpreted as a waiver of Rental Center’s right to demand strict compliance with all other provisions of this agreement shall be severable so that the unenforceability, invalidity, or waiver of any provision shall not affect any other provision.
19. Loading and Unloading Equipment – Renter is responsible for loading and unloading equipment. If Rental Center employees assist in loading or unloading the equipment, Renter assumes the risk of, and hold Rental Center and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributed to the negligence of Rental Center and/or its employees. Renter is liable for securing all items prior to leaving premises.
20. Inspection of Trailer Hitch – Renter agrees to inspect the trailer coupling mechanism and safety chain before leaving Rental Center. Renter also agrees to inspect the equipment periodically (every 10 miles) and to maintain the coupling and chain in a safe and secure condition. Rental Center requires rented items to be properly secured prior to leaving Rental Center.
21. Damage to Bumpers – Rental Center is not liable for damages to Renter, bumper or automobile done by detachable hitches, tow bars or other detachable equipment.