STANDARD RENTAL TERMS AND CONDITIONS
These Standard Rental Terms and Conditions apply to all equipment, accessories, and attachments (collectively, "Equipment") owned by Creative Equipment Solutions, L.L.C. ("CES") and/or sub-leased, marketed, or placed by Access Machinery, LLC ("Access Machinery"), or any other affiliates, subsidiaries, related entities, or entities sharing common ownership with CES or Access Machinery (collectively referred to herein as "Lessor Parties") during the Rental Period (as defined below). These Terms cover any Equipment in the possession or under the dominion and control of the customer named on this contract ("Customer"), regardless of whether such Equipment is "off-rent," held for rental, in transit, or on rent to end users ("End Users"). The "Rental Agreement" consists of the Base Rental Agreement between the applicable Lessor Parties and Customer and these Standard Terms and Conditions (as amended, modified, or supplemented). Customer further acknowledges and agrees that they, and any person or entity to whom Customer allows to use or rents the Equipment, are familiar with the proper use and operation of the Equipment and assume full responsibility for the proper handling of the Equipment. Customer agrees to indemnify, defend, and hold CES, Access Machinery, and all Lessor Parties, together with their respective members, managers, officers, employees, agents, and common owners, harmless from any and all claims, damages, losses, or liabilities arising from misuse, negligence, or improper operation of the Equipment by Customer or any party to whom Customer rents or provides the Equipment.
Powerline Proximity Notice and Liability Waiver — The Customer acknowledges that operating machinery within a specified distance of powerlines poses a significant risk of electrical hazard, property damage, personal injury, or death. The Customer is strictly prohibited from operating or allowing any End User to operate any Equipment around powerlines, utility poles, or any other electrical infrastructure. The Customer and/or their End Users are solely responsible for identifying, marking, and ensuring the visibility of powerlines and other utility structures within the work area prior to the commencement of any services. It is the Customer's and/or their End User's responsibility to verify that all work areas are free of obstructions that may pose a hazard due to the proximity of powerlines. The Customer agrees to waive, release, and discharge the Lessor Parties, together with their respective members, managers, officers, employees, agents, and common owners, from any and all claims, liabilities, damages, or expenses arising out of or in connection with Equipment operations near powerlines. The Lessor Parties shall not be liable for any loss, injury, death, or damage caused by or resulting from electrical hazards due to powerline proximity, regardless of the circumstances under which such hazard arises.
Environmental Liability — Customer shall comply with all applicable federal, state, and local environmental laws and regulations in connection with the use, operation, and storage of the Equipment during the Rental Period. Customer is solely responsible for any fuel, hydraulic fluid, oil, or other substance spills or releases caused by or arising from the Equipment while in Customer's possession or control. Customer agrees to indemnify, defend, and hold harmless the Indemnified Parties from any and all environmental claims, cleanup costs, fines, penalties, or liabilities arising from Customer's use, operation, or storage of the Equipment.
Rental "As-Is"/Disclaimer of Warranties/Limitation of Liability — Customer acknowledges that neither the Lessor Parties, nor any of their respective officers, directors, members, managers, employees, agents, or representatives, makes any representations or warranties, expressed or implied, regarding the Equipment rented under this Agreement. By entering into this Agreement, Customer confirms they have inspected the Equipment prior to acceptance and have determined it to be rent-ready, fit for their purposes, and free from material defects. THE LESSOR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES, WHETHER ARISING BY STATUTE OR OTHERWISE. In no event shall the Lessor Parties be liable for any injury, damage, or loss, including but not limited to those caused by, resulting from, or related to the Equipment's use, transportation, possession, operation, or any Lessor Party's failure to deliver or repair Equipment. Customer assumes all risks associated with the Equipment, including any losses or damages occurring during the Rental Period, whether the Equipment is "on-rent," "off-rent," or in transit. This assumption of risk applies equally to any End User to whom Customer has provided, rented, loaned, or otherwise allowed access to the Equipment.
Rental Period/Inspection — The Rental Period begins upon delivery of the first piece of Equipment to Customer and continues until the last piece of Equipment is removed from Customer's possession, care, or control. The Rental Period remains unaffected by the Equipment's movement to End Users or for maintenance. Customer must inspect all Equipment upon delivery and complete the Lessor Parties' standard inspection report, including photographs. Similarly, upon Equipment coming "off rent," Customer must complete an "off rent" inspection report, including photographs. All Equipment is accepted in "as-is" condition, and Customer confirms familiarity with its proper use and operation.
Assumption of Risk/Indemnity — To the fullest extent permitted by law, Customer assumes all risks and liability for the Equipment and agrees to indemnify, defend, and hold the Lessor Parties, together with their respective investors, lenders, members, managers, officers, employees, agents, and related parties (collectively, "Indemnified Parties") harmless from all claims, liabilities, damages, costs, or expenses arising out of or in any way connected with Customer's or its End Users' use, possession, or operation of the Equipment. This includes, without limitation, claims for business interruption, personal injury, wrongful death, loss of income, or damage to property, regardless of cause or origin. Customer agrees to defend the Indemnified Parties against all claims and actions, including attorneys' fees and costs of litigation. Customer further agrees to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims, liabilities, damages, costs, and expenses (including attorneys' fees) arising out of or in connection with the presence or proximity of powerlines in the designated work area and any incident involving powerlines or electrical hazards, including any resulting from the Customer's or their End User's failure to adequately mark or identify the presence of powerlines or any electrical hazards.
Ownership/Possession of Equipment/Protection of Secured Party — Customer acknowledges that CES is the sole owner of the Equipment, which may be subject to liens or security interests held by the Lessor Parties' lenders ("Secured Parties"). Customer agrees that all Equipment held under this Rental Agreement is held as bailee for the Lessor Parties and their Secured Parties. The Lessor Parties and Secured Parties have the right to enter Customer's premises to inspect, remove, or otherwise deal with the Equipment. If a Secured Party requests possession of Equipment, Customer shall cooperate fully to recover the Equipment from any third party or End User in possession of it. Customer agrees that it holds no lien, security interest, or other claim on the Equipment against the Lessor Parties or their Secured Parties. Upon notice from any Secured Party, Customer must release or allow removal of the Equipment by such Secured Party. The Lessor Parties and Customer agree that Secured Parties are third-party beneficiaries of these Terms and may enforce them directly.
Insurance — Customer, at its own expense, must maintain general liability, physical damage, and property damage insurance sufficient to cover the full replacement cost of the Equipment. The insurance must name the Lessor Parties as additional insureds and loss payees, with liability limits of no less than $1,000,000 per occurrence and $2,000,000 aggregate. Customer must provide the Lessor Parties with certificates of insurance showing the Lessor Parties as additional insureds and loss payees, and coverage must remain in force for the entire Rental Period, regardless of whether the Equipment is in active use. Customer is solely responsible for any loss, theft, vandalism, or total destruction of the Equipment during the Rental Period, regardless of cause or circumstances. In the event of loss, theft, or total destruction, Customer shall immediately notify the Lessor Parties in writing and shall be liable for the full replacement value of the Equipment as determined solely by the Lessor Parties. Rental charges shall continue to accrue until the Lessor Parties receive full payment of the replacement value. The Lessor Parties do not offer a Loss Damage Waiver program, and Customer expressly acknowledges that no such waiver exists under this Agreement. Customer's insurance obligations hereunder shall not limit or reduce Customer's liability to the Lessor Parties for any loss, theft, or destruction of Equipment in any amount exceeding applicable insurance coverage.
Compliance with Law — Customer agrees to comply with all applicable laws, rules, and regulations regarding the use, operation, and maintenance of the Equipment during the Rental Period. Customer will not use or allow the Equipment to be used for any unlawful purposes. Customer agrees to indemnify and hold harmless the Indemnified Parties from any claims, damages, or penalties resulting from Customer's violation of any legal or regulatory requirements.
Maintenance/Repair/Malfunction/Cessation of Use — Customer is responsible for performing standard preventative maintenance on the Equipment at their own expense. If the Equipment is involved in an accident, becomes unsafe, or malfunctions, Customer must immediately stop using the Equipment and notify the Lessor Parties. Repairs due to misuse, abuse, or negligence by Customer or any other party will be at Customer's expense. Reasonable wear and tear is the responsibility of the Lessor Parties, but Customer may be required to perform repairs under mutually agreed terms.
Rental Rates/Overtime Payment — Rental rates are as specified in the Base Rental Agreement. Rates are based on single-shift usage (8 hours/day, 40 hours/week, 160 hours/month), unless otherwise agreed in writing. Customer must pay all rental fees without any offsets or deductions. The Lessor Parties reserve the right to charge overtime rates for usage beyond single-shift periods. All double and triple shift requests must be discussed prior to the commencement of any rental contract and must be noted on the Rental Agreement. Late payments may incur interest at 1.5% per month or the maximum rate permitted by law.
Property, Sales, and Use Taxes — Customer is responsible for determining and paying applicable property, sales, and use taxes associated with the location of the Equipment during the Rental Period. Customer must file necessary tax returns and remit payments as required by applicable tax jurisdictions. If the Lessor Parties incur any taxes, penalties, or interest due to Customer's failure to comply, Customer agrees to reimburse the Lessor Parties for all such amounts, plus a service charge.
Default — Customer will be in default if they fail to make payments or breach any term of this Agreement. In the event of default, the Lessor Parties have the right to repossess the Equipment without notice and without liability for any damages. Customer agrees to waive any claims against the Lessor Parties for such repossession and to cover the Lessor Parties' costs related to recovering the Equipment. The Lessor Parties reserve all legal remedies for recovering outstanding debts and losses.
Miscellaneous Provisions — This Rental Agreement represents the complete agreement between the Lessor Parties and Customer. Any conflicting terms from Customer's documents are superseded. Modifications to the Agreement must be in writing and signed by both parties. This Agreement is governed by the laws of the State of Arizona, and the prevailing party in any litigation is entitled to recover reasonable attorneys' fees. Both parties waive the right to a jury trial. This Agreement binds and benefits the respective successors, assigns, and representatives of the parties.