TERMS AND CONDITIONS By signing, you, the Customer (as defined below) agree
and acknowledge that Customer has read, understands, accepts full
responsibility for and is bound by the terms and conditions contained in this
Rental Agreement (as defined below), which also consists of any optional products
purchased by Customer in connection with this rental and the Reservation
Details (as defined below) hereof for the Rental Period (as defined below)
whether or not subsequent agreements are executed by Customer or if Rental
Solutions assigns a new agreement number during the Rental Period for the
purpose of invoicing Customer. 1. DEFINITIONS. “Rental Agreement” means this Online Rental Agreement, including the Reservation
Details. “Rental Solutions” means Rental Solutions Rentals (North America), Inc. “Equipment” means any one or more of the items identified in the
Reservation Details and any accessories, attachments or other similar items
delivered to Customer, including, but not limited to air hoses, electric cords,
blades, welding cables, liquid fuel tanks and nozzles. “Customer” means the person or entity identified as such in the
Reservation Details or any representative, agent, officer or employee of
Customer. “Store Location” means the closest Rental Solutions branch location to the Job
Location described in the Reservation Details. “Rental
Period” means the period of
time between the date “From” and date “To,” set forth in the Reservation Details, except that the Rental
Period may extend or terminate earlier as provided in Sections 18 and 25 hereof
or if Customer returns the Equipment earlier. “Reservation
Details” means the Equipment, Rental Period, Delivery Information,
Payment Information and other information set forth on the Confirmation/Order
Summary Screen. “Credit Card” means the credit card provided by Customer as
part of this Rental Agreement or otherwise kept on file with Rental Solutions. 2. AUTHORITY
TO SIGN. Any individual
agreeing to this Rental Agreement represents and warrants that he or she is of
legal age and has the authority and power to sign this Rental Agreement on
behalf of Customer. 3. INDEMNITY / HOLD HARMLESS. TO THE FULLEST
EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD RENTAL
SOLUTIONS, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES,
AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL
LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO,
ATTORNEYS’ FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR
CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR
DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE OPERATION,
USE, POSSESSION OR RENTAL OF THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO
APPLIES TO ANY CLAIMS ASSERTED AGAINST RENTAL SOLUTIONS BASED UPON STRICT OR
PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED
TO INDEMNIFY RENTAL SOLUTIONS FOR THAT PART OF ANY LOSS, DAMAGE OR
LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF RENTAL
SOLUTIONS. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS
IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE
FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR
DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR
IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY TO INDEMNIFY
WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY
TERMINATION OF THE RENTAL AGREEMENT. 4. INSPECTION OF EQUIPMENT. Customer acknowledges that Customer will inspect the
Equipment prior to taking possession thereof, and Customer will only accept
delivery of the Equipment if Customer determines that the Equipment is in good
working order and repair and is suitable for Customer’s needs. Customer further
acknowledges that Customer will inspect the propulsion tank of vehicles
registered and licensed, or required to be registered and licensed, for use on
any highway or public road, prior to taking possession thereof, and Customer
will take delivery of such Equipment only if such propulsion tank contained no
dyed fuel. Customer acknowledges that Customer is familiar with the proper operation
and use of each item of Equipment. Customer acknowledges that, prior to taking
possession of the Equipment, Customer will obtain and read all safety
bulletins, operator manuals, and tabulated data for each item of Equipment.
Customer agrees to inspect all hitches, bolts, safety chains, hauling tongues
and other devices and materials used to connect the Equipment to any towing
vehicle. Customer acknowledges Rental Solutions is not responsible for any
damage to any towing vehicle caused by detachable hitches or mirrors. 5. LIMITATION
OF LIABILITY. In no event
shall Rental Solutions be liable or responsible to Customer or any other party
for: (i) any loss, damage or injury caused by, resulting from or in any way
connected with the Equipment, its operation or its use, (ii) Rental solutions’
failure to deliver the Equipment as required hereunder, or Rental solutions’
failure to repair or replace non-working Equipment; (iii) or any incidental,
consequential, punitive or special damages. Customer acknowledges and assumes
all risks inherent in the operation, use and possession of the Equipment from
the time the Equipment is delivered to Customer until the Equipment is returned
to Rental Solutions and will take all necessary precautions to protect all
persons and property from injury or damage from the Equipment. 6. USE
OF EQUIPMENT. A. Customer will not use or allow anyone to use the Equipment:
(i) for an illegal purpose or in an illegal manner; (ii) without a license, if
required under any applicable law, (iii) or who is not qualified to operate it.
Customer agrees, at Customer’s sole expense, to comply with all applicable
municipal, state, and federal laws, ordinances and regulations (including
O.S.H.A. and the Internal Revenue Code) which may apply to the use of the
Equipment. Customer shall not insert, or permit to be inserted, any dyed fuel
into the propulsion tank of vehicles registered and licensed, or required to be
registered and licensed, for use on any highway or other public road. CUSTOMER
AGREES TO DEFEND, INDEMNIFY AND HOLD RENTAL SOLUTIONS HARMLESS FROM ALL FINES,
PENALTIES AND COSTS INCURRED BY RENTAL SOLUTIONS DUE TO DYED FUEL BEING
INTRODUCED INTO THE PROPULSION TANK OF SUCH VEHICLES. Customer agrees to: (i) check filters, oil, fluid levels and
tire air pressure; (ii) clean and visually inspect the Equipment daily; (iii)
and immediately notify Rental Solutions when Equipment needs repair or
maintenance and cease using the Equipment. Customer acknowledges that Rental
Solutions has no responsibility to inspect the Equipment while it is in
Customer’s possession. Rental Solutions shall have the right to replace the
Equipment with other reasonably similar equipment at any time and for any
reason. B. IN CALIFORNIA ONLY: If any of the Equipment is power operated or power-driven
excavating or boring equipment, it is the sole responsibility of Customer to
follow the requirements of the regional notification center law pursuant to
Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title
1 of the Government Code. By agreeing to this Rental Agreement, Customer
accepts all liabilities and responsibilities contained in the California
regional notification center law. 7. DISCLAIMER OF WARRANTIES. RENTAL SOLUTIONS
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE
EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT
THE EQUIPMENT IS SUITED FOR CUSTOMER’S INTENDED USE, OR THAT IT IS FREE FROM
DEFECTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS RENTAL AGREEMENT, RENTAL
SOLUTIONS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN
CONNECTION WITH THIS RENTAL TRANSACTION. 8. MALFUNCTIONING EQUIPMENT. Should the Equipment be involved in an accident, become
unsafe, malfunction or require repair, Customer shall immediately cease using
the Equipment and immediately notify Rental Solutions. If such condition is the
result of normal operation, Rental Solutions will repair or replace the
Equipment with reasonably-similar Equipment in working order, if such
replacement Equipment is available. Rental Solutions has no obligation to
repair or replace Equipment rendered inoperable by misuse, abuse or neglect.
Customer’s sole remedy for any failure or defect in Equipment shall be the
termination of any rental charges accruing after the time of failure. Customer
must return the Equipment to the Store Location within 24 hours from the time
of defect in order to terminate rental charges. 9. RETURN
OF EQUIPMENT /DAMAGED & LOST EQUIPMENT. At the expiration
of the Rental Period, Customer will return the Equipment to the Store Location
during Rental Solution’s regular business hours. The Equipment is to be in the
same condition as when delivered to Customer, subject to reasonable wear and
tear, as defined below. In the event that Rental Solutions has agreed to pick
up the Equipment from Customer, Customer shall notify Rental Solutions in
writing that the Equipment is “off rent” and shall obtain an “off rent”
confirmation number from Rental Solutions shall endeavor to pick up the
Equipment within a commercially reasonable period of time after the Rental
Solutions Equipment is called “off rent.” Customer shall be liable for all
damages to or loss of the Equipment from the time the Equipment leaves the
Store Location until the Equipment is (i) returned to the Store Location,
including any damage during transit to or from Customer; (ii) or picked up by Rental
Solutions after issuance of an “off rent” confirmation number. In
the case of the loss or destruction of any Equipment, or inability or failure
to return same to Rental Solutions for any reason whatsoever, Customer will pay
Rental Solutions the then full replacement list value of the Equipment together
with the full rental rate as specified until such Equipment is replaced. If the
Equipment is returned in a damaged or excessively worn condition, Customer
shall pay Rental Solutions the reasonable cost of repair and pay rental on the
Equipment at the regular rental rate until all repairs have been completed. Rental
Solutions shall be under no obligation to commence repair work until Customer
has paid to Rental Solutions the estimated cost therefor. Customer agrees
that Rental Solutions reserves the right to charge the Credit Card and/or
Customer’s account for any amount owed by Customer pursuant to this section due
to damaged or lost Equipment. 10. REASONABLE WEAR AND TEAR. Reasonable wear and tear of the Equipment shall mean
only the normal deterioration of the Equipment caused by ordinary and
reasonable use on a one shift basis (as defined in Section 12 below). The
following shall not be deemed reasonable wear and tear: (i) damage
resulting from lack of lubrication, insertion of improper fuel, or maintenance
of necessary oil, water and air pressure levels; (ii) except where Rental
Solutions expressly assumes the obligation to service or maintain the
Equipment, any damage resulting from lack of servicing or preventative
maintenance suggested in the manufacturer’s operation and maintenance manual;
(iii) damage resulting from any collision, overturning, or improper operation,
including overloading or exceeding the rated capacity of the Equipment; (iv)
damage in the nature of dents, bending, tearing, staining, corrosion or
misalignment to or of the Equipment or any part thereof; (v) wear resulting
from use in excess of shifts for which rented; (vi) and any other damage to the
Equipment which is not considered ordinary and reasonable in the equipment
rental industry. 11. LATE RETURN. Customer agrees that if the Equipment is not returned
by the end of the Rental Period, Rental Solutions, in its sole discretion, may
require Customer to do any of the following: (i) continue to pay the rental
rate(s) applicable to the Equipment as specified in the Reservation Details;
(ii) for periods less than 24 hours, pay the full daily rental rate applicable
to the Equipment; (iii) or pay any increased rental rate(s) in effect at the
time of, or after, the expiration of the Rental Period. Customer agrees that Rental
Solutions reserves the right to charge the Credit Card and/or Customer’s
account for any amount owed by Customer pursuant to this section due to late
return of Equipment. 12. RENTAL PERIOD / CALCULATION OF CHARGES. A. Rental charges
commence when the Equipment leaves the Store Location and end when the
Equipment is returned to the Store Location during Rental solutions’ regular
business hours. Rental charges do not include the cost of the Refueling Service
Charge, any applicable taxes, the cost of the Delivery and Pickup Service
Charge, transportation surcharges, the cost of the Environmental Service Charge
or other miscellaneous charges. If Customer chooses to have Rental
Solutions deliver and pick up the Equipment, Customer agrees to pay a Delivery
and Pickup Service Charge. In the event that Customer has elected to pay
for the Delivery and Pickup Service Charge, Customer shall notify Rental
Solutions in writing that the Equipment is “off rent” and obtain an “off rent”
confirmation number from Rental Solutions, at which time rental charges shall
no longer be assessed, unless otherwise provided herein. Rental charges accrue
during Saturdays, Sundays and Holidays. Rental rates are for normal “one shift”
usage based on an 8-hour day, 40 hours per week and 160 hours per 4-week
period. On power equipment, operations in excess of one shift will be as
follows: 1.5 times the rental charges for double shift and 2 times the rental
charges for triple shift. Customer will truthfully and accurately certify to Rental
Solutions the number of shifts the Equipment was operated. Customer’s right to
possess the Equipment terminates on the expiration of the Rental Period and
retention of possession after this time is a material breach of this Rental
Agreement. TIME IS OF THE ESSENCE. 13. REFUELING SERVICE CHARGE. Customer acknowledges that a “Refueling Service
Charge” will be applied to all Equipment not returned with a full tank of
fuel. The exact cost of the Refueling Service Charge may vary depending
on the rate being charged by the Store Location on the date Customer returns
the Equipment. Customer acknowledges that the Refueling Service Charge is
not a retail sale of fuel. Customer may avoid the Refueling Service
Charge if Customer returns the Equipment with a full tank of fuel. 14. DEPOSIT. In addition to securing the payment of rental charges
hereunder, Customer agrees that any rental deposit shall be deemed to be a
guarantee by Customer of the full and complete performance of each and all the
terms, covenants, and agreements to be performed by Customer hereunder. In the
event of any breach by Customer, the deposit will be credited against any
damages, cost or expense incurred by Rental Solutions as a result of the
breach. 15. PAYMENT. All amounts due hereunder shall be payable in full upon
receipt of invoice by Customer. Customer acknowledges that timely payment of
rental charges is essential to Rental solutions’ business operations and it
would be impractical and extremely difficult to fix the actual damages caused
by late payment. Customer and Rental Solutions agree that there shall be added
to all past due rental charges a late payment fee equal to the lesser of 2% per
month (24% per annum) on any such payments outstanding after 30 days, or the
maximum amount allowed by applicable law. Customer agrees that Rental Solutions
reserves the right to charge the Credit Card and/or Customer’s account for any
amount owed by Customer pursuant to this section due to late or past due
payment(s) or rental charges. 16. TITLE / NO PURCHASE OPTION / NO LIENS. This Rental Agreement is not a contract of sale, and
title to the Equipment shall at all times remain with Rental Solutions. Unless
covered by a specific supplemental agreement signed by Rental Solutions,
Customer has no option or right to purchase the Equipment. Customer shall keep
the Equipment free and clear of all mechanics and other liens and encumbrances. 17. TIRE
AND TUBE REPAIR OR REPLACEMENT. Repair or replacement of tires and tubes is the
responsibility of Customer and is not included in the rental rate. 18. DEFAULT. Customer shall be deemed in default should Customer:
(i) in any way fail to pay any amount when due hereunder, or to perform,
observe or keep any provision of this Rental Agreement; (ii) become “Insolvent”
(as defined herein), or should Rental Solutions anticipate that Customer may
become Insolvent; (iii) or otherwise be in default. If Customer is in default, Rental
Solutions may do any one or more of the following: (i) terminate the Rental
Period; (ii) declare the entire amounts due hereunder immediately due and
payable and commence legal action therefor; (iii) cause Rental solutions’
employees or agents, with notice but without legal process, to enter upon
Customer’s property and take all action necessary to retake and repossess
the Equipment, and Customer hereby consents to such entry, re-taking and
re-possession and hereby waives all claims for damages and losses, physical and
pecuniary, caused thereby and shall pay all costs and expenses incurred by Rental
Solutions in retaking and repossessing the Equipment; (iv) or pursue any other
remedies available by law. Customer shall be considered “Insolvent” if Customer
shall: (i) generally not pay, or be unable to pay, or admit its inability or
anticipated inability to pay its debts as such debts become due; (ii) make an
assignment for the benefit of creditors, or petition or apply to any tribunal
for the appointment of a custodian, receiver, or trustee for it or a
substantial part of its assets; (iii) commence any proceeding under any
bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or
liquidation law or statute of any jurisdiction, whether now or hereafter in
effect; (iv) have had any such petition or application filed or any such
proceeding commenced against it in which an order for relief is entered or an
adjudication or appointment is made; (v) or take any action indicating its
consent to, approval of, or acquiescence in any such petition, application,
proceeding, or order for relief or the appointment of a custodian, receiver, or
trustee for all or any substantial part of its properties. 19. CUSTOMER’S
INSURANCE COVERAGE. Customer
agrees to maintain and carry, at Customer’s sole cost, the following insurance:
(i) commercial auto liability insurance with at least a per occurrence
limit of $2 million; (ii) commercial general liability insurance (“CGL”)
(providing coverage equal to or greater than 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; (iii) and property insurance for the full replacement
cost of the Equipment, including coverage for all risks of loss or damage to
the Equipment. Customer 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 Rental Solutions. Rental
Solutions 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 Customer. All
insurance required by this Rental Agreement shall include a waiver of rights of
recovery against Rental Solutions or its insurers by the Customer and its
insurers, as well as a waiver of subrogation against Rental Solutions or its
insurers. The policies required hereunder shall provide that Rental Solutions
must receive not less than 90 days’ notice prior to any cancellation. FOR
RENTAL OF EQUIPMENT NOT LICENSED FOR ROAD USE, CUSTOMER MUST EITHER (i)
ELECT TO NAME RENTAL SOLUTIONS AS LOSS PAYEE EVIDENCING PROPERTY INSURANCE COVERAGE,
OR (ii) ELECT TO PURCHASE THE RENTAL PROTECTION PLAN. 20. NO
ASSIGNMENT, LENDING OR SUBLETTING. Customer shall not sublease, sub rent, assign or loan
the Equipment without first obtaining the written consent of Rental Solutions,
and any such action by Customer, without Rental solutions’ written consent,
shall be void. Customer agrees to use and keep the Equipment at the job site
set forth on the first page of this Rental Agreement unless Rental Solutions
approves otherwise in writing. Rental Solutions may at any time, without notice
to Customer, transfer or assign this Rental Agreement or any Equipment or any
moneys or other benefits due or to become due hereunder. 21. ENTIRE
AGREEMENT / ONLY AGREEMENT. The Rental Agreement, including the Reservation
Details, represents the entire agreement between Customer and Rental Solutions
with respect to the Equipment and the rental of the Equipment. There are no
oral or other representations or agreements not included herein. None of Rental
solutions’ rights or Customer’s rights may be changed and no extension of the
terms of this Rental Agreement may be made except in writing, signed by both Rental
Solutions and Customer. Any use of Customer’s purchase order number on this
Rental Agreement is for Customer’s convenience only and terms and conditions,
whether oral or written, that are different or inconsistent with the terms
contained herein are hereby rejected by Rental Solutions. 22. ORDER
OF PRECEDENCE. The terms and
conditions of this Rental Agreement shall control over any conflicting
preprinted terms and conditions contained in Customer’s purchase order or
similar documents and such other terms are hereby rejected by Rental Solutions. 23. CLASSACTION WAIVER.Customer agrees that any claims or proceedings brought by Customer relating to
this Rental Agreement will be conducted on an individual basis, and not
on
a class-wide, collective, or representative basis, and that any one person’s claims
or proceedings may not be consolidated with any
other claims or proceedings. Customer will not
sue Rental Solutions as a class plaintiff or class representative, join as a class member, or participate as an adverse party
in any way in a class-action lawsuit against Rental
Solutions. Nothing in this paragraph, however, limitsCustomer’s right to bring a lawsuit as an individual plaintiff. 24. JURY
WAIVER. The federal and
state courts in the county in which the Store Location is located shall have
exclusive jurisdiction over all matters relating to this Rental Agreement. TRIAL BY
JURY IS WAIVED. In order to
effect service of process on Rental Solutions, please contact the Secretary of
State Corporations Division or the equivalent office in your state to obtain
the name of the registered agent and the registered office address that is on
file with the Secretary of State for Rental Solutions. Rental Solutions shall
be entitled to decrees of specific performance (without posting bond or other
security) in addition to such other remedies as may be available. 25. OTHER
PROVISIONS. A. Any
failure of Rental Solutions to insist upon strict performance by Customer of
any terms and conditions of this Rental Agreement shall not be construed as a
waiver of Rental solutions’ right to demand strict compliance. Customer has
carefully reviewed this Rental Agreement and waives any principle of law which
would construe any provision hereof against Rental Solutions as the drafter of
this Rental Agreement. Any rule of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not apply to
the interpretation of this Rental Agreement. B. Customer agrees to pay all
reasonable costs of collection, court, attorneys’ fees and other expenses
incurred by Rental Solutions in the collection of any charges due under
this Rental Agreement or in connection with the enforcement of its terms. C.
Customer shall pay the rental charge(s) without any offsets, deductions or
claims. D. Customer consents to the collection, use, and disclosure of his or
her personal identification and financial information as described herein.
Customer’s personal identification and financial information is provided
voluntarily and not as part of a credit card transaction. Personal
identification information includes, for example, Customer’s name, billing
address, ZIP code, telephone number, date of birth, driver’s license number,
and email address. Financial information includes, for example, information
related to any balances or invoices related to the Rental Agreement. Customer’s
personal identification information can be used for purposes of this
transaction, any subsequent transactions with Rental Solutions, and for Rental
Solutions to evaluate and improve its products and services and/or develop new
products or services. Customer’s personal identification information and/or
financial information may be disclosed to contractors, service providers, and
other third parties that support Rental solutions’ business and who are bound
by contractual obligations to keep personal information confidential and use it
only for the purposes for which we disclose it to them. E. Rental
Solutions shall have the right to immediately repossess the Equipment, without
any liability to Customer, in the event of: (i) permanent closure of the Store
Location; (ii) declaration of any emergency, disaster or similar situation by
any federal, state or local government; (iii) or as otherwise set forth in this
Rental Agreement. F. Customer expressly acknowledges that Customer and Rental
Solutions are the only parties to this Agreement, notwithstanding that a
reservation for the Equipment may have been arranged by a third party or that a
third party may pay for all or part of the rental bill. G. For matters arising
from this Agreement, Customer authorizes Rental Solutions to verify and obtain
through credit agencies or other sources Customer’s credit and insurance
information. H. A Cleaning Charge will apply to Equipment returned with
excessive dirt, concrete and/or paint. Customer is responsible for all damage.
There will be an additional charge for missing keys. I. In the
event the terms contained in this Rental Agreement conflict with any terms of
any preexisting written agreement signed by authorized representatives of the
Customer and Rental Solutions (the “Written Agreement”), the terms of the
Written Agreement shall supersede the terms of this Rental Agreement. I.
CRIMINAL WARNING: The use of false
identification to obtain Equipment or the failure to return the Equipment by
the end of the Rental Period may be considered a theft subject to criminal
prosecution pursuant to applicable criminal or penal code provisions. 26.
OPTIONAL RENTAL PROTECTION PLAN. A. The Rental Protection Plan (“RPP”) is an optional product that modifies certain terms of this
Rental Agreement. THIS SECTION 26 IS ONLY APPLICABLE PROVIDED YOU HAVE ELECTED
TO “ACCEPT” THE RENTAL PROTECTION PLAN. B. NOTICE: FOR ALL
RENTALS OF EQUIPMENT NOT LICENSED FOR ROAD USE, YOU MAY EITHER SHOW PROOF OF
PROPERTY INSURANCE IN ACCORDANCE WITH SECTION 19 ABOVE OR PURCHASE THE RENTAL
PROTECTION PLAN. THE PURCHASE OF THE RENTAL PROTECTION PLAN FOR RENTALS
OF EQUIPMENT IS NOT MANDATORY AND MAY BE DECLINED IF YOU HAVE PROOF OF
INSURANCE AS REQUIRED BY SECTION 19. RPP IS NOT INSURANCE. RPP IS AVAILABLE TO DIRECT COMMERCIAL
CUSTOMERS ONLY IN CONNECTION WITH THE RENTAL OF EQUIPMENT FROM RENTAL SOLUTIONS. FOR AN ADDITIONAL CHARGE, RPP OFFERS A DAMAGE WAIVER TO LIMIT
YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE TO, OR THEFT OF, THE RENTAL EQUIPMENT.
BEFORE DECIDING WHETHER TO PURCHASE THE DAMAGE WAIVER, YOU MAY WISH TO
DETERMINE WHETHER YOUR OWN INSURANCE COVERAGE AFFORDS YOU COVERAGE FOR DAMAGE
TO OR THEFT OF THE RENTAL EQUIPMENT AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR
OWN INSURANCE COVERAGE. READ THIS SECTION CAREFULLY BEFORE SIGNING. C. TERMS AND CONDITIONS. In return for payment of the fee set forth in the Rental
Agreement, Rental Solutions agrees to limit its rights under Sections 9 and 19
thereof as follows: i. DAMAGE WAIVER. Subject to the conditions set forth herein, Rental
Solutions waives its right to collect amounts from Customer exceeding the
lesser of 10% of replacement value of the Equipment, 10% of the cost of
repairs, or $500, plus applicable state and local taxes, from losses arising
from theft of or direct physical damage to the Equipment. ii.
USER. Customer agrees that Customer, or a permissive user of
a Customer, will be the only driver of any Rental Solutions vehicle, and that
Customer will not use the vehicle in violation of any terms of this Rental
Agreement or law. iii. EXCLUSIONS. Rental Solutions will not waive a claim for loss or
damage to tires and tubes caused by blow out, bruises, cuts, punctures or other
causes inherent in the use of the Equipment; or resulting from intentional
abuse of the Equipment. Such losses shall remain subject to Section 9
above. iv. FEE. Customer shall pay a fee equal to 15% of the charges
under the Rental Agreement in exchange for participation in RPP as set forth in
this Section.