EQUIPMENT RENTAL AGREEMENT TERMS AND CONDITIONS (“AGREEMENT”)

 

1.GENERAL. This Agreement is between FERNANDEZ GROUP LIC. (“Solainco”) and the customer (“Renter”). Solainco will provide Renter the tools, large equipment (including, dump trucks, enclosed trailers, dump trailers, mobile storage units), vehicles (collectively, “Equipment”) in accordance with the terms set forth in this Agreement. Solainco will provide the Equipment “as is” and in good working condition during the rental period (“Rental Period”) and according to the initial rental subtotal price (“Rental Price”). Renter agrees to return the Equipment prior to the expiration of the Rental Period, or to pay the additional rental fees described in Section 8. To the extent Renter has entered into a Rental Agreement with Solainco and the terms of this Agreement will govern.

2. PAYMENT. Renter is responsible for all charges due in full at the commencement of the Rental Period or upon Solainco’s request, using a payment card approved by Solainco (“Renter Card”), including deposits (“Deposits”). Renter consents to the reservation of credit for estimated charges due, and authorizes Solainco to process all amounts due, on Renter Card; including but not limited to: charges for any overages incurred due to overloading and/or exceeding load limits on dump truck(s), dump trailer(s), enclosed trailer(s) and/or pickup truck(s). ($150 per additional ton over the load limit); charges, fees, fines and/or penalties for storage, transportation and/or disposal of prohibited items that Renter and/or Solainco might incur due to noncompliance by Renter; charges, fees, fines and/or penalties assessed by landfills for certain items such tires, large appliances, etc.; charges for any loss and/or damages to the Equipment, including but not limited to loss and/or damages cause by overloading and/or exceeding load limits on dump truck(s), dump trailers), enclosed trailers) and/or pickup trucks); (including vehicle rental, traffic law violations, parking citations, and any applicable administrative charges). In the event Renter cancels delivery and/or Renter’s pick up of the Equipment within 12 hours of the scheduled delivery and/or Renter’s pick up time, a 10% cancellation fee of the total Rental Price will be charged to the credit card on file. 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. Renter must notify Solainco in writing of any disputed amounts, including credit card charges, within twenty-five (25) days after the receipt of Solainco rental contract/invoice, or Renter will be deemed to have irrevocably waived its right to dispute such amounts. Renter 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.

3.PERMITTED USE – RESTRICTIONS – MAINTENANCE. Renter agrees that Solainco has no control over the manner in which the Equipment is operated during the Rental Period. Renter warrants that:

(a) Renter will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Renter’s intended use;

(b) Renter has received all information requested regarding the operation of the Equipment;

(c) Solainco is not responsible for providing operator or other training unless requested by Renter;

(d) Renter will: (I) use the Equipment for its customary purpose, in compliance with all operating and safety instructions, (II) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair, and (III) not use the Equipment in a negligent, unauthorized, and/or abusive manner;

(e) The Equipment will be kept in a secure location;

(f) Renter will maintain possession of the Equipment and will not sublease, sell the Equipment, and/or assign this Agreement;

(g) Renter will keep the Equipment free and clear of all liens, charges and/or encumbrances;

(h) Renter will use the Equipment in compliance with all applicable laws and regulations;

(i) Renter will not alter and/or cover up any decal and/or insignia on the Equipment or remove any operational or safety instructions;

(j) Renter will not aid in the vandalism and/or theft of the Equipment;

(k) Renter will not rent the Equipment upon the basis of false and/or misleading information;

(I) Renter will not operate the Equipment while intoxicated and/or under the influence of any substance that impairs Renter’s ability to operate the Equipment;

(m) Renter will not allow children and/or pets to enter and/or climb on the Equipment (including, dump truck(s) and/or dump trailer(s));

(n) Renter will not move the dump truck(s), dump trailer(s), enclosed trailer(s), mobile storage unit(s); use the controls and/or electrical components attached to the dump truck(s), dump trailer(s), enclosed trailer(s) and/or mobile storage unit(s); if the dump truck(s), dump trailer(s), enclosed trailer(s) and/or mobile storage units) is/are rented as drop off/pick up service;

(o) Renter will not ask Solainco’s employees to help to load the dump truck(s), dump trailer(s), enclosed trailer(s) and/or mobile storage unit(s);

(p) Renter will keep load within the confines of the dump truck(s) and/or dump trailer(s) and must not exceed the top and/or sides;

(q) Renter will disperse the weight of the load equally within the dump truck(s), dump trailer(s) and/or enclosed trailer(s);

(r) Renter will provide free access and suitable ground conditions to and/or from the delivery site including the removal and/or reinstatement of local obstructions) for the delivery, placement and/or removal of the Equipment; (including, dump truck(s), dump trailer(s), enclosed trailer(s), mobile storage unit(s) and/or pickup truck(s));

(s) Renter will take necessary steps to protect the surfaces (e. g. paving slabs, soft grounds, etc.) before, during and/or after the delivery, placement and/or removal of the Equipment (including, dump truck(s), dump trailer(s), enclosed trailer(s), mobile storage unit(s) and/or pickup truck(s));

(t) Solainco will not be responsible for the damages of any surfaces cause by the delivery, placement and/or removal of the Equipment (including, dump truck(s), dump trailer(s), enclosed trailer(s), mobile storage unit(s) and/or pickup truck(s));

(u) Renter has read the list of prohibited items and agrees to NOT place and/or allow to be placed into the dump truck(s), dump trailer(s), enclosed trailer(s) and/or pickup truck(s) the following items:

• Substances hazardous to health such as toxic and or corrosive materials and or liquids.
• Liquids of any kind (contained or not).
• Filled and sealed industrial drums.
• Filled and sealed paint cans.
• Medical and/or infectious waste.
• Dead animals.
• Asbestos.
• Paint.
• Gas/propane containers of any kind.
• Vehicle batteries.
• Appliances.
• Adhesive.
• Alive animals.
• Asphalt.
• Bodily fluids.
• Pesticides.
• Ink.
• Resins.
• Tires.
• Flammable fluids.
• Contaminated soil.
• Absorbents (Oil Dri); and

(v) Renter will not overload and/or exceed load limits on dump truck(s), dump trailer(s), enclosed trailer(s) and/or pickup truck(s);

(w) Renter will not remove, operate, and/or utilize the Equipment outside of the United States and/or Canada

I. For Tool and Large Equipment Rentals. Renter is required to do the following:

(a) Fuel. Renter will return the Equipment with the same level of fuel that the Equipment contained when rented (“Original Fuel Level”). Equipment returned with less than the Original Fuel Level will be subject to a $30 fuel replacement charge at $2 per gallon used to replace the Original Fuel Level.

(b) Maintaining the Equipment. Renter will maintain proper fuel, oil and/or lubrication levels in the tool and large equipment. Renter further agrees to 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

(c) Property Placed, Transported and/or Left in and/or on the Equipment and/or at Solainco. Renter is solely responsible for all loss of and damage to any property placed, transported and/or left in and/or on the Equipment and/or at a Solainco location. Renter will pay all costs associated with the disposal of any such property.

(d) Repossession of Equipment. The Equipment will be repossessed, without notice and at Renter’s expense, if the Equipment i) is not returned to Solainco at the expiration of the Rental Period; (ii) is illegally parked and/or placed; (iii) is used in violation of law and/or this Agreement; (iv) is sold and/or transferred in violation of this Agreement; and/or (v) appears to be abandoned. Renter further agrees to waive any claims for damages arising out of such repossession.

II. For Vehicle Rentals; Including Dump Trucks. The rented vehicle includes tires, loading ramps, if applicable, a trailer, customary vehicle accessories, and documents (“Vehicle”). For the purposes of this Agreement, “Authorized Driver” means, the following people to the extent they are at least 21 years old, have a valid driver’s license for the class of Vehicle being rented. the Renter will be the only Authorized Driver.

(a) Use Restriction. The following restrictions apply to the use of the Vehicle:

• The Vehicle will not be operated by anyone who is not an Authorized Driver;
• All occupants in the Vehicle must comply with seat-belt and child-restraint laws;
• The number of passengers in the Vehicle will not exceed the number of seat-belts and child-restraints;
• Renter will only operate the Vehicle on regularly maintained roadways;
• Renter will ensure that keys are not left in the Vehicle and will close and/or lock all doors and/or windows upon exiting the Vehicle;
• Renter will not i) transport people or property for hire; ii) tow anything (with the exception of an attached trailer if rented pursuant to this Agreement); (iii) carry and/or transport hazardous and/or explosive substances; (iv) engage in a speed contest; and/or (v) load the Vehicle and/or transport weight exceeding the Vehicle’s maximum capacity;
• Renter will not engage in reckless misconduct which causes the Vehicle damages and/or causes personal injury and/or property damage; and
• Renter will not use the Vehicle for the commission of a felony and/or for the transportation of illegal drugs and/or contraband.

(b) Fuel. Renter will return the Vehicle with the same level of fuel that the Vehicle contained when rented. Vehicles returned with less than the Original Fuel Level will be subject to a $30 fuel replacement charge at $2 per gallon used to replace the Original Fuel Level.

(c) Repossession of Vehicle. The Vehicle will be repossessed, without notice and at Renter’s expense, if the Vehicle (i) is not returned to Solainco at the expiration of the Rental Period; ii) is illegally parked; (iii) is used in violation of law of this Agreement; (iv) is sold and/or transferred in violation of this Agreement; and/or (v) appears to be abandoned.

(d) Property Placed, Transported and/or Left in and/or on the Vehicle and/or at Solainco. Renter is solely responsible for all loss of and damage to any property placed, transported and/or left in and/or on the Vehicle and/or at a Solainco location. Renter will pay all costs associated with the disposal of any such property.

(e) Parking Citations. Renter will pay all fines for parking citations issued during the Rental Period. In the event Solainco is required to respond to authorities concerning any citations, then Renter will be charged an administrative fee of $25. Solainco may provide information about this Agreement to those authorities.

(f) Toll Fees. Unless Renter has accepted the flat rate, i) Renter will pay all toll fees accrued during the Rental Period; and ii) in the event Solainco is required to pay toll charges, then Renter will be charged an administrative fee of $25 plus the cost of the toll fee(s) after the Rental Period has concluded. Renter agrees that additional charges may occur up to 12 months after the rental period has concluded. Flat rates may not be offered in all areas, states, or locations.

(g) California Proposition 65 Vehicle Rental WARNING: Operating, servicing and maintaining a passenger vehicle or off-highway motor vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, service your vehicle in a well-ventilated area and wear gloves or wash your hands frequently when servicing your vehicle. For more information go to www.P65Warnings.ca.gov/passanger-vehicle.

III. Equipment Return.

(a) On or before on the date and at the time specified in the Agreement, Renter will return the Equipment to the Solainco location where the Equipment was rented in the same condition as when rented. Moreover, if the Equipment is not returned as specified in this Section 3, a $25 cleaning charge, a drop charge or a rate change will be applied (in addition to any remedies set forth in Section 8 below). If the Equipment is not returned at the expiration of the Rental Period or if Solainco determines that the Equipment is no longer in Renter’s possession, Renter will be deemed unlawfully in possession of the Equipment, and Solainco will, among other remedies, seek the issuance of a warrant for the arrest of Renter or any other person in possession of the Equipment.

(b) Additional Failure to Return Provisions:

STATE SPECIAL NOTICES:

Arizona; Unlawful failure to return the Equipment within 72 hours of expiration of Rental Period is a class 1 misdemeanor.

Florida; Failure to return the Equipment upon expiration of the Rental Period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the Equipment, punishable in accordance with section 812.155, Florida Statutes.

IV. Telematics. The Equipment is equipped with a telematics device that enables Solainco or its fleet management provider to monitor the use and location of the Equipment. The telematics device is used to collect the Equipment’s location (determined by GPS systems), fuel consumption, mileage, and systems status information. Solainco may use the information for various purposes, including, but not limited to: (i) locating lost or stolen Equipment; (ii) analyzing and improving Solainco’s rental program and/or processes; (iii) enforcing the terms of this Agreement; or (iv) providing Renter with support, assistance, or services. Solainco may share information collected with companies performing services for Solainco, and as deemed necessary by Solainco, (A) to comply with legal process or a request from a governmental entity, and (B) to protect Solainco’s rights and property.

Renter WILL NOT Tamper, Disable and/or deactivate the telematics/gps devices. If Renter, tampers, disables and/or deactivates the telematic/gps devices; Renter will be in default of this Agreement.

V. Investigations. All Renters will promptly complete incident reports, deliver to Solainco a copy of all related documents, and fully cooperate with Solainco’s investigation of any vandalism, theft, accident, claim or lawsuit involving the Equipment. This obligation to cooperate does not create a duty of defense by Solainco.

VI. California Proposition 65 Warning Notification Requirement. Renter acknowledges that Equipment can expose Renter to chemicals including toluene, 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.

4. EQUIPMENT DAMAGE – REPAIR – PROTECTION.

I. For Tool and Large Equipment Rentals Only; Excluding Dump Trucks.

(a) Equipment Damage. Regardless of fault, Renter is responsible for all loss of and damage to tools and large equipment (including loss or damage to the spare tire, jack, and loading ramps; loss or damage due to normal use and damage caused by theft, abuse, misuse, neglect, or intentional acts). Renter is responsible for Solainco’s loss of use and an administrative charge for expenses associated with processing the loss and damage claim (collectively, “Administrative Charges”).

(b) Tool Damage Protection. Tool damage protection is an optional service offered by Solainco that, if selected, modifies this Agreement to relieve Renter of repair charges, replacement charges or Administrative Charges if the Equipment is damaged during normal use during the Rental Period (“Tool Damage Protection”). Renter must accept or decline the Tool Damage Protection. In the event Renter elects Tool Damage Protection services: (i) the charge for Tool Damage Protection is 15% of the Rental Price and will appear on the invoice; and (ii) Tool Damage Protection does not cover loss of or damage to tools and large equipment caused by anything other than normal use, including damage caused by theft, abuse, misuse, neglect, or intentional acts. Renter expressly acknowledges and agrees that Renter will be responsible for all loss or damage caused by anything other than normal use of tools and large equipment. Tool Damage Protection is not insurance and Solainco may make a profit on its Tool Damage Protection Program.

(c) Repairs. In the event Renter does not elect to purchase Tool Damage Protection, Renter agrees that an estimated (“Repair Cost”) will be charged for tools and large equipment that is returned with damage due to abuse, misuse, neglect, or intentional acts. The Repair Cost will not exceed the fair market value of the Equipment and applicable fees. Renter acknowledges and agrees to pay the Repair Cost and authorizes Solainco to charge the Repair Cost to the Renter Card. All maintenance and/or repairs must be performed by Solainco.

II. For Vehicle Rentals Only; Including Dump Truck.

(a) Vehicle Damage. Regardless of fault, Renter is responsible for all loss of and damage to the Vehicle (including loss or damage to the spare tire, jack, trailer (when applicable), and loading ramps), plus actual towing, storage, impound and other related expenses. Renter is responsible for Solainco’s loss of use and Administrative Charges.

(b) Repairs. Renter will not repair or replace any part of the Vehicle or otherwise alter the Vehicle without the prior written consent of Solainco. In the event consent is not obtained, Renter will pay for all unauthorized repairs, replacement parts, and the cost of restoring any unauthorized alterations.

(c) Vehicle Damage Protection. Vehicle damage protection is an optional service offered by Solainco during the Rental Period for an additional charge (“Vehicle Damage Protection”). Renter must accept or decline Vehicle Damage Protection. In the event Renter elects Vehicle Damage Protection services: (i) the charge for Vehicle Damage Protection is 15% of the Rental Price and will appear on the invoice; and (ii) this optional service modifies this Agreement to relieve Renter of liability for Covered Damages. Vehicle Damage Protection is not insurance and Solainco may make a profit on its Vehicle Damage Protection Program.

(d) For purposes of this Agreement, the term “Covered Damages” will mean any non-collision related physical damage to a Vehicle up to the first $500 per incident. The Covered Damages will be subject to the exclusions set forth in Section 4(II)(d). Renter will remain responsible for all costs and fees after the first $500 per incident, regardless of whether caused by Renter, another Authorized Driver, a third party, an act of God, or any other cause. Notwithstanding anything to the contrary herein, Renter will be fully responsible for the actual cash value of a Vehicle due to a theft of the Vehicle, unless: (i) Renter and or Authorized Driver has possession of the ignition keys, (ii) an Authorized Driver files an official report of the theft with the applicable law enforcement agency within twenty-four (24) hours of learning of the theft, and (iii) Renter and/or any Authorized Drivers cooperate with Solainco and law enforcement in providing all relevant information concerning the theft.

(e) Exclusions. Vehicle Damage Protection will not cover: (i) loss arising out of an accident which involving the Vehicle that occurs while Renter and/or Authorized Driver is under the influence of alcohol and/or drugs; (ii) loss arising out of the operation of Vehicle by any driver other than an Authorized Driver; (iii) property damage to property transported or in the care, custody, or control of Renter and/or Authorized Driver; (iv) liability arising out of the use of Vehicle, which was obtained based on false, misleading, or fraudulent information; (v) loss arising out of the use of Vehicle when such use is otherwise in violation of the terms and conditions of this Agreement; and (vi) loss or damage caused by abuse, misuse, or intentional acts.

(f) Additional Notices. In addition to the requirements stated in this Section 4.II, the following provisions are applicable within the noted State or Territory:

STATE REQUIRED NOTICES:

Connecticut, Hawaii, Iowa, Kansas, Maryland, Missouri, Nevada, New Mexico, Texas, Virginia;

THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED TO CAREFULLY CONSIDER WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN INSURANCE POLICY OR CREDIT CARD COVERS: (i) DAMAGE, LOSS, OR LOSS OF USE TO A RENTED VEHICLE; FIRE AND THEFT DAMAGE AND PERSONAL INJURY INCURRED WHILE USING A MOTOR VEHICLE; AND (ii) THE AMOUNT OF THE DEDUCTIBLE.

IF COVERAGE IS CONFIRMED, RENTER MAY REQUIRE THAT SOLAINCO SUBMIT ANY CLAIMS TO THE RENTER’S PERSONAL INSURANCE CARRIER. THE PURCHASE OF THIS DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

Maryland law requires that all Maryland residents’ insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented or motor vehicles shared by the insureds named in the policy for a period of 30 days or less.

Illinois;

NOTICE: This contract offers, for an additional charge, a collision damage waiver to cover your financial responsibility for damage to the rental vehicle. The purchase of a collision damage waiver is optional and may be declined. You are advised to carefully consider whether to sign this waiver if you have rental vehicle collision coverage provided by your credit card or collision insurance on your own vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under your own insurance coverage.

Minnesota;

UNDER MINNESOTA LAW, A PERSONAL AUTOMOBILE INSURANCE POLICY MUST: (1) COVER THE RENTAL OF THIS MOTOR VEHICLE AGAINST DAMAGE TO THE VEHICLE AND AGAINST LOSS OF USE OF THE VEHICLE; AND (2) EXTEND THE POLICY’S BASIC ECONOMIC LOSS BENEFITS, RESIDUAL LIABILITY INSURANCE, AND UNINSURED AND UNDERINSURED MOTORIST COVERAGES TO THE OPERATION OR USE OF A RENTED MOTOR VEHICLE. THEREFORE, PURCHASE OF ANY COLLISION DAMAGE WAIVER OR SIMILAR INSURANCE AFFECTED IN THIS RENTAL CONTRACT IS NOT NECESSARY. IN ADDITION, PURCHASE OF ANY ADDITIONAL LIABILITY INSURANCE IS NOT NECESSARY IF YOUR POLICY WAS ISSUED IN MINNESOTA UNLESS YOU WISH TO HAVE COVERAGE FOR LIABILITY THAT EXCEEDS THE AMOUNT SPECIFIED IN YOUR PERSONAL AUTOMOBILE INSURANCE POLICY.

New York;

NOTICE: This contract offers, for an additional charge, optional vehicle protection to cover your financial responsibility for damage or loss to the rental vehicle. The purchase of optional vehicle protection is optional and may be declined. You are advised to carefully consider whether to purchase this protection if you have rental vehicle collision coverage provided by your credit card or automobile insurance policy. Before deciding whether to purchase optional vehicle protection, you may wish to determine whether your credit card or your vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under such coverage.

Rhode Island;

The State of Rhode Island requires us to provide the following additional information about your liability for damage to the rental car and the purchase of a damage waiver. If Renter purchases a Vehicle Damage Protection, Solainco will waive our right to hold you or any authorized driver liable for damage.

Even if you buy the Vehicle Damage Protection, you and any Authorized Driver will remain liable for damage or loss if: (1) caused intentionally, willfully or wantonly; (2) occurred while operating the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred; (3) caused while engaging in any speed contest; (4) caused while using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement; (5) incurred while driving outside the United States or Canada, or, if state restrictions are imposed by the rental agreement if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the rental agreement; (6) incurred while the vehicle is driven, with the Renter’s permission or accession, by anyone other than an Authorized Driver; (7) incurred after the private passenger automobile was rented or an Authorized Driver was approved as a result of fraudulent information provided to the rental company; (8) incurred as a result of commission of a felony; and (9) incurred if the vehicle is stolen and Renter or Authorized Driver fails to return the original ignition key, fails to file a police report within seventy-two (72) hours of discovering the theft, or fails to cooperate with Solainco, police or other authorities in all matters connected with the investigation.

5. LIMITATION OF LIABILITY.

I. For Tool and Large Equipment Rentals Only. DURING THE RENTAL PERIOD, RENTER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY AND OPERATION OF THE TOOLS AND LARGE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, RENTAL CHARGES, RENTER TRANSPORT, LOADING AND UNLOADING, PROPERTY DAMAGES AND DESTRUCTION, LOSSES, PERSONAL INJURY, AND DEATH. RENTER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE TOOLS AND LARGE EQUIPMENT UNLESS RENTER PURCHASED TOOL DAMAGE PROTECTION, WHICH ALLEVIATES CERTAIN COSTS AND RESPONSIBILITIES, AS PROVIDED IN SECTION 4. FAILURE TO RETURN THE TOOLS AND LARGE EQUIPMENT COULD LEAD TO RENTER BEING PROSECUTED FOR A CRIME.

II. For Vehicle Rentals Only.

(a) EXCEPT AS EXPRESSLY STATED IN SECTION 4(II)(c) AND TO THE EXTENT RENTER PURCHASED VEHICLE DAMAGE PROTECTION, RENTER IS RESPONSIBLE FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE TO OTHERS RESULTING FROM USE OR OPERATION OF THE VEHICLE.

(b) Except for California, Solainco may provide Renter with liability insurance, as set forth in below:

STATE LIABILITY REQUIREMENTS/SPECIAL NOTICES:

Canada, Maryland, Massachusetts, Michigan, Mississippi, New York, South Carolina, South Dakota and Utah;

If there is no violation of a Use Restriction (as defined in Section 3) and to the extent required or permitted by applicable law, Solainco provides primary liability protection that will not exceed the Minimum Financial Responsibility Limits (defined below) or minimum no-fault benefits. For purposes of the Agreement, the term “Minimum Financial Responsibility Limits” refers to the minimum amount of protection that is required to establish financial responsibility under applicable law.

District of Columbia, and all other states (except California);

If there is no violation of a Use Restriction (as defined in Section 3) and to the extent required or permitted by applicable law, Solainco provides secondary liability protection that will not exceed the Minimum Financial Responsibility Limits or minimum no-fault benefits.

Solainco’s secondary liability protection DOES NOT APPLY until after exhaustion of all insurance or other protection available to the driver of the Vehicle or any injured passenger in the Vehicle (automobile liability insurance, no-fault insurance, personal injury protection, employer’s insurance, or any other protection or indemnification, whether primary, excess or contingent), and then such protection applies only to the extent it is needed to meet, on a cumulative basis with all such protection available to the driver or injured passengers, the minimum financial insurance or other responsibility limits or minimum no-fault benefits required by applicable law.

Arizona;

Solainco does not extend any of its motor vehicle financial responsibility or provide public liability insurance coverage to Renter, Authorized Drivers or any other driver.

Florida;

The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by FL Statutes 324.021(7) and 627.736,.

Michigan;

THE MICHIGAN MINIMUM FINANCIAL RESPONSIBILITY LIMITS FOR BODILY INJURY ARE $20,000 BECAUSE OF BODILY INJURY TO, OR DEATH OF, ONE PERSON IN ANY ONE ACCIDENT. SOLAINCO’S PROTECTION AS DESCRIBED ABOVE APPLIES ONLY IF THE INJURY IS CAUSED BY AN AUTHORIZED DRIVER OR BY RENTER’S FATHER, MOTHER, BROTHER, SISTER, SON, DAUGHTER, OR OTHER IMMEDIATE FAMILY MEMBER. RENTER IS LIABLE TO SOLAINCO FOR CLAIMS OF AUTOMOBILE LIABILITY PROTECTION, WHICH EXCEED THE PROTECTION AS DESCRIBED ABOVE. RENTER IS ALSO LIABLE TO INJURED PERSONS FOR AMOUNTS AWARDED IN EXCESS OF THE PROTECTION AS DESCRIBED IN SECTION 5(II)(a).

(c) Subject to applicable law, drivers are excluded from any insurance policy that may be available to Solainco, and Solainco’s liability protection does not apply to:

• bodily injury (including death) or property damage to the Vehicle driver or the driver’s family members related by blood, marriage, adoption who resides with the driver. SPECIFIC REJECTION OF PERSONAL INJURY PROTECTION FOR VEHICLES RENTED IN MARYLAND: RENTER SPECIFICALLY AGREES TO WAIVE ANY PERSONAL INJURY PROTECTION COVERAGE WHICH WOULD PROVIDE CERTAIN MEDICAL AND DISABILITY BENEFITS TO AUTHORIZED DRIVERS AND ANY INJURED PASSENGER IN THE VEHICLE; or
• uninsured or underinsured motorist or motor vehicle insurance, supplemental or can be waived or rejected. SPECIFIC REJECTION OF UNINSURED AND UNDERINSURED MOTORIST PROTECTION FOR VEHICLES RENTED IN no-fault insurance, or any other insurance that is optional PENNSYLVANIA: RENTER IS REJECTING UNINSURED AND UNDERINSURED MOTORIST COVERAGE UNDER THIS RENTAL OR LEASE AGREEMENT, AND ANY POLICY OF INSURANCE OR SELF- INSURANCE ISSUED UNDER THIS AGREEMENT, FOR RENTER AND ALL OTHER PASSENGERS OF THE VEHICLE. UNINSURED COVERAGE PROTECTS RENTER AND OTHER PASSENGERS IN THE VEHICLE FOR LOSSES AND DAMAGES SUFFERED IF INJURY IS CAUSED BY THE NEGLIGENCE OF A DRIVER WHO DOES NOT HAVE ANY INSURANCE TO PAY FOR LOSSES AND DAMAGES. UNDERINSURED COVERAGE PROTECTS RENTER AND OTHER PASSENGERS IN THE VEHICLE FOR LOSSES AND DAMAGES SUFFERED IF INJURY IS CAUSED BY THE NEGLIGENCE OF A DRIVER WHO DOES NOT HAVE ENOUGH INSURANCE TO PAY FOR ALL LOSSES AND DAMAGES. 

If there is a violation of a Use Restriction but applicable law requires that Solainco provide all or part of the liability protection described above, the same limitations apply.

6. NO WARRANTIES. Solainco does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment. SOLAINCO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Renter acknowledges acceptance of the Equipment “as is” and on a “where is” basis, with “all faults” and without any recourse whatsoever against Solainco.

7. INDEMNIFICATION.

(a) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER HEREBY INDEMNIFIES, RELEASES, AND HOLDS SOLAINCO; ITS OFFICERS, EMPLOYEES AND SUCCESSORS HARMLESS FROM AND AGAINST ALL CLAIMS LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) ARISING OUT OF: (I) ALL CLAIMS WHICH ARE EXCLUDED FROM OR IN EXCESS OF THE LIABILITY PROTECTION PROVIDED BY SOLAINCO; (II) ALL CLAIMS BY OR AGAINST SOLAINCO ARISING OUT OF RENTER’S POSSESSION AND/OR OPERATION OF THE EQUIPMENT; AND (III) ALL CLAIMS BY OR AGAINST SOLAINCO ARISING OUT OF RENTER’S FAILURE TO COMPLY WITH ALL TERMS OF THIS AGREEMENT. RENTER’S INDEMNITY OBLIGATION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, RENTER AGREES THAT THIS CLAUSE WILL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT RENTER’S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.

(b) NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, SOLAINCO WILL NOT BE LIABLE TO RENTER, AND RENTER WAIVES ANY CLAIM AGAINST SOLAINCO FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS AGREEMENT.

8. DEFAULTS AND REMEDIES.

(a) Failure to Extend Rental Period. To extend the Rental Period, Renter must obtain Solainco’s written approval prior to the expiration of such Rental Period (2 DAYS PRIOR TO THE EXPIRATION OF THE RENTAL PERIOD FOR LARGE EQUIPMENT). Should Renter fail to return the Equipment prior to the expiration of the Rental Period or fail to return the Equipment in as good order and condition as when received, Renter will be in default of this Agreement. In addition to remedies set forth in Section 3(III), if the Equipment is not returned prior to expiration of the Rental Period, Renter will be charged an additional rental fee (“Additional Rental Fees”) of 20% of the daily rental price of the Equipment until the first to occur of the following: (i) the Equipment is returned; (ii) Solainco has received funds in the amount of the value of the Equipment based upon the condition of the Equipment at the beginning of the Rental Period (“Present Value”); or (iii) the 30th day after the Rental Period expires.

(b) Breach of Terms and Conditions. In the event that Solainco determines Renter has violated any term or condition of this Agreement, Solainco will take all action necessary to secure either: (i) the return of the Equipment; or (ii) funds equal to the Present Value. In the event Solainco must take actions pursuant to this Section 8(b) or Section 3(III), Renter will reimburse Solainco for all costs incurred including, without limitation, reasonable attorney’s fees. Renter expressly agrees and hereby authorizes Solainco to charge to the Renter Card, all amounts due, and all charges subsequently incurred by Renter under or related to this Agreement, including but not limited to: (A) extension of the Rental Period; (B) any charges incurred in connection with the recovery of the Equipment; (C) any charges incurred for failure to return the Equipment, INCLUDING, WITHOUT LIMITATION, ADDITIONAL RENTAL FEES OR EQUIPMENT REPLACEMENT FEES (less any paid Additional Rental Fees). To the extent required by applicable payment card network rules, Solainco will obtain Renter’s additional authorization to charge Renter Card, if applicable, for any insurance costs related to Equipment loss, theft, or damage during the Rental Period.

(c) Payments. In addition to remedies set forth in Section 3(III) Section 8(a), if the Equipment is not returned at the expiration of the Rental Period, Renter agrees to a weekly recurring charge of Additional Rental Fees and any other amount due plus applicable fees and taxes. Renter can withdraw authorization to pay the Additional Rental Fees and any other amount due plus applicable fees and taxes on a weekly recurring payment at any time and make alternative arrangements to pay the Additional Rental Fees and any other amount due plus applicable fees and taxes. Solainco is authorized to obtain updated card account information from the card issuer. Renter agrees that after 14 days; a 15% interest will start to accrue on any unpaid amount due, a minimum of $25 late fee will be charged and a service of 1.5% per month, or the maximum rate permitted by law, will be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to Solainco are paid in full. Any future rentals will be postponed until Renter’s account and all amounts due are paid in full. If Renter’s payment towards the account is returned, denied, or otherwise unable to be processed; Renter agrees to be responsible for any associated fees and the balance due will be sent to a 3rd party collection agency on the 31st day after the expiration of the Rental Period.

(d) No Notice. RENTER HEREBY AGREES THAT RENTER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY Solainco OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should Solainco fail to meet any of its obligations under this Agreement, Renter’s only remedy is repair or replacement of the Equipment or a rental charge adjustment at Solainco’s sole discretion.

9. CONSENT TO COMMUNICATE VIA TEXT. If Renter has consented to receive updates about Equipment via text message, Renter understands and agrees that by providing this consent, Renter may receive up to 5 informational messages at the mobile phone number Renter provided between the hours of 9am and 6pm. Renter understands and agrees that this consent is not required or a condition of purchasing any products and services and that Renter can opt out at any time by texting back STOP to stop receiving informational messages (Renter will be sent a confirmation message). Standard message and data rates apply.

Not all carriers are covered. Privacy and terms information available at www.solainco.com.

10. PURCHASES. If this Agreement identifies any Tool, Equipment, materials and/or other items that is to be purchased by the Renter and/or Customer, Solainco sells and deliveries such Tool, Equipment, materials and/or other items to Renter and/or Customer on an “AS IS, WHERE IS” basis, with all faults and without any warranties (other than manufacturer warranties, if any) in consideration for Renter’s and/or Customer’s payment to Solainco of the full purchase price of the Tool, Equipment, materials and/or other items, Solainco will retain title to the Tool, Equipment, materials and/or other items until Customer has paid in full. 

11. NOTICES. Solainco may elect to send any notices to Renter by any means determined by Solainco. In particular, if Renter has provided Solainco with an email address, Solainco may send notices to Renter by email and such email notice by Solainco will be valid notices for purposes of this Agreement.

Renter understands and agrees that no representative of Solainco is authorized to make any promise, warranty, or representation to Renter other than those reflected in writing in this Agreement. Renter agrees to the Terms and Conditions and understands that this Agreement cannot be modified or changed except in writing signed by both parties. Renter acknowledges and agrees that all charges are correct, and additional charges may apply if the equipment is returned damaged.

Renter understands and agrees to present/show a valid government-issued photo ID to be scanned and verified and order number prior to Solainco dropping off the equipment at the Renter’s location and/or prior to the Renter picking up the equipment from Solainco’s location. Solainco WILL NOT drop off the equipment at Renter’s location and/or Renter WILL NOT be allow to pick up the equipment if a valid government-issued photo ID and order number are not presented/shown to be scanned and verified.

Renter understand and agrees to; in the event the Renter selects and/or requests the delivery – drop off service of dump trailer(s), enclosed cargo trailer(s) to Renter’s location; Solainco WILL NOT deliver / drop off dump trailer(s), enclosed cargo trailer(s) if there is not a vehicle with towing capabilities and readily available to hitch the dump trailer(s), enclosed cargo trailer(s) to it at the delivery – drop off date / time and location.

Renter understands and agrees that; when renting dump trailer(s) as instaload and/or onsite drop off / pick up service(s) these dump trailer(s) are not and/or will not be available to the Renter for in-store pick up at Solainco’s location.

Renter understands and agrees that; in-store pick up dump trailer(s) rentals are not and/or will not be rented as onsite drop off / pick up and/or instaload services.

Renter understands and agrees that; Renter must be at least 21 years of age or older to rent from Solainco.

12. RENTER’S INDEPENDENT STATUS. The relationship between the parties under this Agreement is that of independent contractors. Renter is not the agent or authorized representative of Solainco for any purpose.

13. GOVERNING LAW. This Agreement will be construed in accordance with the laws of the State of Tennessee.

14. SEVERABILITY. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If any court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would be valid and enforceable, then such provision will be deemed to be written, construed, and enforce as so limited.

15. ENTIRE AGREEMENT. This Agreement represents the entire agreement between Solainco and Renter. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement supersedes any prior written or oral agreements between the parties.