TERMS & CONDITIONS
In consideration of all services or renting of the equipment (herein “the service or services or the rental equipment or equipment”) described on the front of this Rental Agreement and/or Rental Contract it is agreed as follows:
INDEMNITY/HOLD HARMLESS: CUSTOMER WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE. CUSTOMER AGREES TO HOLD HARMLESS RENTBEDBUGHEATERS.COM (A THIRD PARTY LEAD GENERATION SERVICE) ITS AFFILIATES AND THIS SERVICE AND OR Texas State Pest ManagementFROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEYS’ FEES AND COSTS, OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED, TO INJURIES OR DEATH TO PERSONS AND DAMAGE TO PROPERTY, ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP OR RENTAL OF THE EQUIPMENT RENTED, HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATION ARISING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF Texas State Pest Management.
ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY: CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT RENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE AND DISCHARGE the Texas State Pest Management FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT; AND CUSTOMER FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST Texas State Pest Management WHICH CUSTOMER OTHERWISE MAY BE ENTITLED TO ASSERT.
OPERATORS: No operators are furnished, directly or indirectly with equipment
POSSESSION/TITLE: Customer’s right to possession of the equipment begins upon equipment delivery by Texas State Pest Management and terminates on the agreed retrieval date indicated on the front of this Rental Contract. Retention of possession after this date constitutes a material breach of this Rental Contract. Time is of the essence of this Rental Contract. Any extension of this Rental Contract must be agreed upon in writing. Title to the equipment is and shall remain in Texas State Pest ManagementS name. If the equipment is not returned and/or levied upon for any reason whatsoever, Texas State Pest Management ’s may retake said equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold Texas State Pest Management harmless from any and all claims and costs arising from such retaking and/or levy. If equipment is levied upon, Customer shall notify Texas State Pest Management immediately. Texas State Pest Management will utilize its reasonable efforts to deliver and retrieve rental items from locations determined solely by Customer; accordingly, Customer assumes sole risk and liability for any personal or property damage occurring at such locations.
RENTAL PERIOD/RATE/PAYMENT: Rental Period is for a maximum of twenty-four (24) hours unless a longer term is specified in the Rental Agreement Agreed Return Date on the front of this Rental Agreement. Rental rates are based upon single shift usage. If Customer makes greater use of the equipment, it is agreed that the additional usage will be charged. Rental charges begin immediately upon equipment delivery by Texas State Pest Management. Rental charges end upon retrieval of the equipment by Texas State Pest Management in an acceptable condition. No allowance will be made for Sundays, Holidays, or time in transit, nor for any period of time the equipment may not be in actual use while in Customer’s possession. If the equipment is returned prior to the end of the minimum rental period, the rental due shall be for the entire minimum rental period. Texas State Pest Management may terminate rental at any time and retake the equipment without further notice in case of violation by Customer of any terms or conditions of this Rental Agreement. Customer agrees not to use equipment in violation of environmental laws.
ORDINARY WEAR AND TEAR: Customer shall be responsible for all damage not caused from ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage, exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of equipment by paint, mud, plaster, concrete, resin or any other material.
COMPLIANCE WITH LAWS/USE OF EQUIPMENT: Customer agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from his use of the equipment, including any subsequently determined to be due. Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety equipment required, to operate the equipment or use the equipment.
Customer shall not allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without Texas State Pest Management prior written permission; or, allow a lien to be placed upon the equipment. Customer clean and visually inspect the equipment at least daily and to immediately discontinue use and notify Texas State Pest Management when equipment is found to need repair or maintenance or is not properly functioning. Customer acknowledges that Texas State Pest Management has no responsibility to inspect the equipment while it is in Customer’s possession. used.
RETURN OF EQUIPMENT: Customer agrees to return to Texas State Pest Management the equipment in as good condition as when received, by Rental Agreement Agreed Retrieval Date. Customer shall be liable for all damages (up to the full replacement cost of the equipment and loss of rental revenue) to or loss of the equipment and liability incurred prior to equipment’s return to Texas State Pest Management. Customer shall be responsible for all costs incurred by Texas State Pest Management recovering and returning damaged equipment to Texas State Pest Management premises. If equipment is to be “picked-up” by Texas State Pest Management, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to equipment for a reasonable period of time until the equipment is picked-up by Texas State Pest Management .
DISCLAIMER OF WARRANTIES: Texas State Pest Management makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There is no warranty or representation that the equipment is fit for Customer’s particular intended use, or that it is free of latent defects. Texas State Pest Management shall not be responsible to Customer or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. Texas State Pest Management shall not be responsible for any defect or failure unknown to Texas State Pest Management . Customer’s sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that Customer notifies Texas State Pest ManagementS immediately and in writing of such failure and returns the equipment to Texas State Pest Management within twenty-four (24) hours of such failure.
DEFAULT: Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, Texas State Pest Management may, at its sole option, terminate this Rental Agreement, retake the equipment, declare any charges due and payable and initiate legal process to recover monies owed, and/or, pursue any other legal rights and remedies available to Texas State Pest Management. Exercise of any remedy available to Texas State Pest Management shall not constitute an election of remedies or a waiver of any additional remedies to which Texas State Pest Management may be entitled.
RETAKING OF EQUIPMENT: If for any reason it becomes necessary for Texas State Pest Management to retake the equipment, Customer authorizes Texas State Pest Management to retake the equipment without further notice or further legal process and agrees that Texas State Pest Management shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.
LEGAL FEES: In the event an attorney is retained to enforce any provision (including collection costs) of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action, or proceeding, in an amount to be determined by the court.
SUBLETTING/LOCATION OF EQUIPMENT: Customer agrees not to sublet, loan or assign the equipment. Customer shall not move the equipment from the address at which Customer represented it was to be used.