Terms & Conditions for Lessor – Heating and Cooling Equipment Rental
1) Equipment Availability & Order Acceptance – All orders are accepted on a first come, first serve basis. Therefore, all orders will be accepted based upon inventory availability at time of order process. Once an order is accepted by Neat Heat Inc. (Lessor), the equipment will be staged and ready for Lessee (Lessee) job within a commercially reasonable amount of time. Once equipment is ordered 90% of the contract price is the liquidated damages if order is canceled beyond by lessee. The parties agree that such liquidated damages are reasonable and fairly compensate the Lessor for reserving the equipment for the Lessee. Once equipment is delivered and or accepted, full contract or Purchase Order price is earned by Lessor.
2) Equipment Delivery/Pick Up – Standard delivery is during regular business hours and is considered “curbside delivery.” Lessor cannot guarantee same day delivery. Overtime and special delivery, if required will be charged at an agreed upon price. Waiting time charges (one hundred and twenty Five ($125.00) Dollars per hour) may apply if Lessor Climate Control driver must wait for Lessee to complete delivery or pick up. Equipment is checked prior to delivery to Lessee and ready for placement and installation by others. For equipment returns, Lessee is responsible for removing equipment from installation site, staging at curbside or loading dock, and meeting Lessor driver at curbside, or loading dock. Round trip shipping charges are included as a one – time charge, as noted. Shipping is additional for equipment not shipped with original order.
3) Installation Service – Equipment installation is the responsibility of Lessee. Installation service may be available on a job–by–job basis at an agreed upon price.
4) Power and Connections, Painting and Patching: All power and connections are by others. Lessee is responsible for making sure the proper power supplies and voltage requirements are available for the equipment to run properly. Lessee is responsible for making sure a properly licensed electrician makes all connections to equipment as required. Should any pre or post surface preparations be needed or is applicable, including but not limited to painting and patching, it is to be done by others. Lessee is solely responsible to supply, install and maintain all material to connect equipment to services including but not limited to hoses, electrical cables, connector’s, fuses, breakers, whip checks or any other equipment as required by code or any authority’s having jurisdiction.
5) Equipment Inspection, Operation On Site & Servicing – Equipment is checked by Lessor prior to delivery. Lessee is responsible to check equipment on an hourly basis. If any problem is found with the equipment operation, Lessee must shut off/down units properly and notify Lessor immediately. Lessee is solely responsible for ensuring that no water comes in contact with equipment or electrical wiring. Lessee is responsible to ensure that hoses, if any, are not kinked, and that equipment placement inside Lessee site leaves sufficient room for proper equipment ventilation. Lessee is solely responsible for protecting people from equipment and will hold Lessor harmless for any injury that may incur in conjunction with equipment use while on the premises. Non – working equipment due to normal wear and tear is repaired or replaced at no charge, during normal business hours. Certain post – installation service calls may incur additional charges depending upon circumstances.
a) Lessee agrees that the Lessor has no control over the manner in which the equipment is operated during the rental period by Lessee or by any third party that Lessee implicitly or explicitly permits. Lessee warrants that:
b) Prior to each use, Lessee has or will inspect the equipment to confirm that it is in good condition, without defects and is suitable for the Lessees intended use;
c) Any apparent agent at the site address is authorized to accept delivery of the equipment (and if Lessee requests, Lessee authorizes Lessor to leave the equipment at the site address without requirement or written receipt);
d) Lessee shall immediately notify Lessor if the equipment is lost, damaged, stolen, unsafe, disabled, malfunctioning, levied upon, threatened with seizure, or any incident occurs;
e) Lessee has received from Lessor all information needed or requested regarding the operation of the equipment;
f) Lessor is not responsible for providing an operator or training unless Lessee specifically requests in writing and Lessor agrees, in writing, to provide such training (Lessee being responsible to obtain all training that Lessee desires prior to equipment’s use);
g) Only authorized individuals shall use and operate the equipment (“Authorized Individuals”) being those who are properly trained to use the equipment and who are not under the influence of drugs or alcohol or otherwise impaired;
h) The equipment’s use shall be in a careful manner, in compliance with all operational and safety instructions provided on, in or with the equipment and al Federal, State and local laws, permits and licenses, including, but not limited to OSHA and any environmental laws; and
i) The equipment shall be kept in a secure location. Lessee shall not change the use or location of the equipment specifiein the Contract without the prior written consent of Lessor.
REPAIR AND MAINTENANCE OF THE EQUIPMENT:
The Lessee will at the Lessee’s own expense, keep the equipment in good repair, appearance and condition, normal and reasonable wear and tear expected. The Lessor will supply all parts that are necessary to keep the equipment in such a state.
If the equipment is not in good repair, appearance and condition when it is returned to the Lessor, the Lessor may make such repairs or may cause such repairs to be made as are necessary to put the equipment in the state of good repair, appearance and condition, normal wear and tear expected. The Lessor will make the said repairs within a reasonable time of taking possession of the equipment and will give the Lessee written notice of an invoice of said repairs. Upon receipt of such invoices the Lessee will immediately reimburse the Lessor of the actual expenses.
The Lessee may, but is not obligated to enforce any warranty that the Lessor has against the supplier or manufacturer of the equipment. The Lessee will enforce such warranty or indemnity in its own name and at its own expense
6) Insurance, Liability & Permits by Lessee:
Lessee agrees to maintain and carry, at Lessee’s sole cost, the following insurance:
a) Commercial auto liability insurance with at least a per occurrence limit of $2 million;
b) Commercial general liability insurance (“CGL”) (providing coverage equal to or greater that the standard ISO CG 00 01 12 04 form) with limits of insurance not less than $2 million per occurrence and $4 million in the aggregate;
c) Property insurance for the full replacement cost of the equipment, including coverage for all risks of loss or damage to the equipment.
Lessee shall obtain insurance policies that provide, or are endorsed to provide, that all insurance required hereunder is primary and non-contributory to any other insurance maintained by the Lessor. Lessor shall be named as an additional insured for liability insurance and, if applicable, additional loss payee for property insurance. Any deductibles or self-insured retentions shall be the sole responsibility of the Lessee. All insurance required by this Agreement shall include a waiver of rights to recovery against Lessor or its insurers by the Lessee and its insurers, as well as a waiver of subrogation against Lessor or its insurers. The policies required hereunder shall provide that Lessor must receive not less than 90 days’ notice prior to any cancellation. FOR RENTAL OF EQUIPMENT NOT LICENSED FOR ROAD USE, LESSEE MUST EITHER (i) ELECT TO NAME LESSOR AS LOSS PAYEE EVIDENCING PROPERTY INSURANCE COVERAGE, OR (ii) ELECT TO PURCHASE THE RENTAL PROTECTION PLAN.
7) Rental Period & Conclusion of Rental Agreement a week is equal to a 7 day period. A month is equal to a 28 day period. A season is equal to a 5 month period. Once a weekly monthly or Seasonal rental is agreed to; there shall be no pro-rating of a rental period. Additional rental of equipment already delivered, if agreed upon after the original term of rental; will be billed as agreed upon less one time shipping charge. Written or electronic verification of delivery and pick up dates and times is required.
8) Desired Temperature & Humidity Levels – Additional equipment may be required to reach or maintain desired temperature and humidity in space. Additional equipment, if requested, may be provided on a cost plus basis.
9) Oil, Fuel and Air Filter Cleaning and Changing – Certain heating equipment, including towable diesel heaters and generators, utilize fuel and oil filters that require changing at designated intervals, typically every 250 hours of unit operation. Lessees are responsible for all charges associated with such filter changes, which could range from $500 – $3,000. Lessees must provide Lessor service personnel with ready access to such equipment for such filter changes or other equipment maintenance. Air conditioners and de-humidification equipment typically are outfitted with removable air filters, and if the unit you rent is outfitted with such, Lessee is responsible for regularly inspecting and cleaning such air filters to ensure proper operation. All cost for disposable air, water and fuel filters and changing them as required is the sole responsibilities of the Lessee.
10) Fuel & Consumables – All fuel and consumables are responsibility of Lessee.
11) Due Authority – Lessee warrants that it has full right, power and authority to enter into this sales agreement, and that the representative placing the order has been duly authorized to execute on Lessee’s behalf.
Lessee shall be in default if Lessee:
a) fails to pay sums when due;
b) breaches any section of this Contract;
c) becomes a debtor in bankruptcy proceedings, goes into receivership, takes protections from its creditors under any insolvency legislation, ceases to carry on business, or has assets seized by any creditor;
d) fails to insure the equipment as required, or otherwise places equipment at risk;
e) fails to return the equipment immediately upon Lessor’s demand; or
f) is in default under any other contract with Lessor. If a Lessee default occurs, Lessor shall have, in addition to all rights and remedies at law or in equity, the right to repossess the equipment without judicial process or prior notice. Lessee shall pay all of Lessor’s costs, including reasonable costs of collection, court costs, reasonable attorney and legal fees, incurred in exercising any of its rights or remedies herein. The use of false identification to obtain equipment or failure to return equipment by end of the rental period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to any applicable laws. Lessor shall not be liable due to seizure of equipment by order of governmental authority. Lessee waives any right of action against Lessor for such repossession.
LIMITATION OF LESSEE LIABILTY
IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, LESSEE AGREES THAT LESSEE’S LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM LESSEE’S ENTITIES OR ANY THIRD PARTIES COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILTY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY LESSEE UNDER THIS CONTRACT.
JURY TRIAL WAIVER
IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, LESSOR AND LESSEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT.