CAREFULLY READ AND REVIEW THIS PAGE AND THE TERMS AND CONDITIONS ON THE FOLLOWING PAGES OF THIS RENTAL CONTRACT. AT YOUR REQUEST, A LARGE-PRINT VERSION OF THE TERMS AND CONDITIONS WILL BE MADE AVAILABLE TO YOU. Please take note of the following, which are included in more detail below:
- Periodic Rental Charges are invoiced upon the end of the Rental Period or at the end of each four weeks period of usage, whichever first occurs. Invoices are due no later than thirty (30) days from the invoice date. An interest charge of 1.5% per month begins and applies to all past due invoices (see Paragraph 14 of the Terms and Conditions on the following pages of this rental contract.).
- Lessee warrants that lifts will not be used for sandblasting, painting, or similar work without the written consent of Lessor.
- Note carefully the insurance required by the terms of Paragraph 11 herein.
- Lessee is responsible to provide OSHA compliance, including operator instruction, safety belts and lanyards.
- Lessee will be responsible for the costs of replacing damaged tires.
The Rental Rates listed above are for use of the Equipment on a single shift basis, not to exceed:
- Eight (8) hours of usage per twenty-four (24) hour period (a “Day”);
- One Week equals up to five (5) Working Days or up to forty (40) hours of usage.
- A 4-week period equals twenty (20) Working Days, or up to one hundred sixty (160) hours of usage, whichever comes first.
Lessee agrees to pay BRC Rentals, Inc. at multiples of the Rental Rates for Equipment used on multiple work shifts or with hour-meter readings exceeding the maximum listed work hours for any Rental Term described above.
DAMAGE WAIVER INSURANCE: You are required to have insurance in case you damage our equipment. If you cannot provide an acceptable insurance certificate, you may select the following Damage Waiver option by notifying BRC Rentals, Inc. either in writing or verbally before the rental.
Seek and obtain confirmation, either verbally or through alternative means, from BRC Rentals, Inc, if you would like the following to apply to your contract: Lessee elects to purchase the Physical Damage Waiver at 14% of the total equipment rental cost in lieu of obtaining the “All Risk of Physical Loss” (aka “Equipment Floater”) coverage required by the Rental Contract, subsection (a)(ii) of Paragraph 11.
Upon executing, acknowledging, or taking possession of the equipment, you affirm and warrant that you possess the authority to legally bind the Customer, hereinafter referred to as the “Lessee,” as further defined in and conditioned by Paragraphs 1 and 15, to the receipt of the leased equipment specified above (the “Equipment”) and to all the stipulations, terms, and conditions outlined in this Rental Contract, henceforth referred to as the “Contract.”
Minnesota Notice for Residential Property Owners: For Lessees who have ownership in the property, which for purposes of Minnesota law is considered “residential,” the following notice is provided in compliance with Minnesota law. This notice must be acknowledged and agreed upon by the Lessee: (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice.
Terms and Conditions
Lessee (as the renting party, defined in Paragraph 1) and BRC Rentals, Inc., a Minnesota corporation (hereafter “Lessor”), agree to the following terms:
LESSEE ACKNOWLEDGES THAT TAKING POSSESSION OF THE EQUIPMENT, WHETHER OR NOT LESSEE HAS FORMALLY SIGNED THIS CONTRACT, SHALL BE DEEMED ACCEPTANCE OF ALL TERMS AND CONDITIONS HEREIN. BY TAKING POSSESSION, LESSEE AGREES TO BE BOUND BY THE TERMS OF THIS CONTRACT, AND THESE TERMS SHALL APPLY NOT ONLY TO THE EQUIPMENT IDENTIFIED ON PAGE 1 BUT ALSO TO ALL OTHER FUTURE EQUIPMENT RENTALS.
1) Definitions: “Page 1” refers to the first page of the “Rental Contract” together with these Terms and Conditions; “Equipment” means the items rented by Lessee, as identified on Page 1; “Parties” refers collectively to Lessee and Lessor; “Job Address” or “Real Property” shall be the address, listed on Page 1, where to Equipment is to be used. “Lessee,” otherwise known as the “Signatory Agent” or the “Possessing Individual” refers to the person entering into this agreement on behalf of the Lessee entity. The person signing or taking possession represents and warrants that they are duly authorized to act on behalf of the Lessee, have the authority to bind the Lessee to the terms of this agreement, and are acting as the agent for the Lessee. Should the person in question hold the position of LLC Manager, possess an ownership stake, or exercises substantial control over the Lessee Entity, or personally engages in the rental of the equipment, they explicitly consent to being legally bound by the obligations delineated in Paragraph 15 as a Personal Guarantor, should the Lessee default on their commitments.
2) Rental Period: Unless otherwise arranged by Lessor, the “Rental Period” shall include all time from delivery of the Equipment to Lessee (or, if the Equipment is not delivered, from receipt of the Equipment by Lessee) up to and including the time it is returned to Lessor, provided that, at the time of return, the equipment is accepted by Lessor in the returned condition required by this Contract, including Paragraph 7. The Rental Period shall also include all time necessitated by the repairs contemplated in Paragraph 7 hereof. Any apparent agent of Lessee at the Job Address is authorized to accept delivery of the Equipment. Lessee authorizes Lessor, upon request, to leave the Equipment at the Job Address without the requirement of written receipt. THERE SHALL BE NO ALLOWANCE OR ABATEMENT OF RENT DURING ANY PERIOD FOR WHICH THE EQUIPMENT IS INOPERABLE DUE TO MECHANICAL DEFECT OR FAILURE, UNFAVORABLE WEATHER, LABOR ISSUES, OR ANY OTHER REASON.
3) Periodic Rental Charges: Lessee agrees to rent the Equipment from Lessor for the Rental Period, in exchange for which Lessee agrees to (i) pay Lessor the Rental Rates listed on Page 1, together with any other charges incurred hereunder, when due and without reduction, setoff, or proration; (ii) return the equipment to Lessor at the end of the Rental Period; and (iii) otherwise comply with all terms of this Contract. In accordance with the Rental Rates “Periodic Rental Charges” are to be invoiced upon the end of the Rental Period or at the end of each 4-week period usage, whichever first occurs. Periodic Rental Charges are due 30 calendar days from the invoice date. Interest applies as outlined in Paragraph 14. IF LESSEE HAS GIVEN LESSOR A CREDIT OR DEBIT CARD NUMBER, LESSEE DOES HEREBY CONSENT TO LESSOR CHARGING SAID CREDIT OR DEBIT CARD FOR ALL OBLIGATIONS DUE UNDER THIS CONTRACT.
4) Taxes and Other Charges: Periodic Rental Charges do not include, and Lessee shall pay, all present and future taxes (including sales, use, transfer, value added, and other taxes) and any other governmental charges, fees, fines, penalties or tickets, including without limitation any under the Occupational Safety and Health Acts (“OSHA”), assessed against or payable by Lessor, Lessee, or others during the Rental Period on or relating to the Equipment or the use, registration, rental, shipment, transportation, delivery, or operation thereof, or relating to this Contract. In connection with any such payments, Lessee shall file all returns and papers required and furnish copies thereof to Lessor. Lessee agrees that it shall pay for all shipping and transportations expenses, including but not limited to delivery fees, return fees, and transfer fees.
5) Additional Usage: The Rental Rates listed on Page 1 are based on single shift usage, for no more than eight (8) hours of work for each Day during the Rental Period. Any usage in a single Day exceeding eight (8) hours (“Additional Usage”) shall be subject to 1.5 times the Rental Rate. Additional Usage exceeding sixteen (16) hours shall be subject to 2 times the Rental Rate. Lessor reserves the right to pursue Additional Usage charges as described herein.
6) Termination: Lessor may terminate this Contract for any reason or no reason at all. Lessee may terminate this Contract in the event that Lessor breaches any obligation hereunder and fails to remedy such breach within ten (10) days after being given notice to that effect. Upon termination of this Contract, Lessee (i) shall, within 24 hours of termination, at Lessor’s option, make the Equipment available for pickup by Lessor or arrange for delivery of the Equipment to Lessor; and (ii) shall pay in full any and all Periodic Rental Charges for the Rental Period and all other charges incurred hereunder.
7) Fuel, Maintenance, and Repairs: Upon the earlier of Lessee’s receipt or Lessor’s delivery of the Equipment, unless Lessee immediately rejects it, Lessee represents and warrants that the Equipment is in good order, repair, and operating condition, and is in all ways acceptable to Lessee and is appropriate for Lessee’s use. Lessee further represents, warrants, and agrees that Lessee (i) will protect, properly maintain, and care for all Equipment at all times; (ii) will keep the Equipment in a secure location; (iii) will be responsible for any and all fuel or maintenance costs; (iv) will keep and return the Equipment (including tires) to Lessor in the same condition as when delivered/received, usual wear and tear excepted, and otherwise in good order, condition, and repair, and full of the appropriate fuel, fluid, and lubricants; and (v) will notify Lessor immediately if the Equipment is lost, malfunctioning, unsafe, damaged, disabled, or otherwise physically impaired. The repair and replacement of tubes and tires is not included in the Rental Rates and is the sole responsibility of Lessee; Lessee represents, warrants, and agrees that Lessee will be responsible for the cost of replacement of damaged tires. If Lessee breaches its obligations under this Paragraph and returns the Equipment in a condition that requires maintenance or repair to return it to the same condition as when delivered/received, the Rental Period shall include such period of repair and Lessee shall pay all costs of repair, special expenses to expedite the prompt acquisition of necessary parts. Lessor retains the exclusive option of determining whether to repair the equipment or consider it beyond repair as a result of damage occurring while in Lessee’s control, while in transit to Lessee, or while being returned to Lessor. Upon Lessor’s determination that the Equipment is beyond repair, Lessor shall promptly notify Lessee in writing and Lessee shall then forthwith make an appropriate claim to its insurance company and shall remit promptly to Lessor any sums not paid to Lessor by Lessee’s insurance company.
8) Operation; Inspection: (a) Lessee acknowledges that Lessor lacks control over how the Equipment is operated throughout the Rental Period by Lessee or any third party explicitly or implicitly authorized by Lessee. Lessee commits to furnish comprehensive training, instructions, and warnings to all users and operators of the Equipment, and ensure that the Equipment is used safely, in a careful manner, and only (i) for its intended purpose; (ii) within its rated capacity; (iii) by competent, qualified, properly trained, familiarized, certified, and, as applicable, licensed operators; (v) after inspecting the Equipment, prior to each use, to confirm that it includes readable decals, operating, and safety instructions, is in good condition and defect-free, and is suitable for the intended use; and (vi) otherwise in compliance with all terms of this Contract. (b) Lessee further represents, warrants, and agrees that Lessee (i) has received from Lessor all information needed or requested regarding the operation of the Equipment; (ii) will fully comply with all manuals, maintenance requirements, and instructions; (iii) is aware of and will fully comply with all applicable laws, statutes, rules, standards, ordinances or any other government regulations, including but not limited to those promulgated under OSHA. Lessor reserves, and Lessee hereby grants to Lessor, the right to enter upon any location where the Equipment is being used to inspect the Equipment and the manner of its use, and to terminate this agreement and remove the Equipment without notice or consent from Lessee if Lessee is misusing or not properly maintaining the Equipment.
9) Prohibited Use: Lessee hereby represents, warrants, and agrees that Lessee SHALL NOT (i) make any alterations to or of the Equipment, including but not limited to those of safety equipment or hour meters, without the written consent of Lessor; (ii) alter or cover up any decals or insignia on the Equipment; (iii) remove any operational or safety instructions; (iv) move the Equipment from the Job Address without written consent from Lessor; (v) use the Equipment in any negligent, illegal, unauthorized, or abusive manner, or in any publication (print, audiovisual, electronic, or otherwise); (vi) use the Equipment for sandblasting, painting, or similar work without the written consent of Lessor; or (vii) otherwise violate any provision of this Contract.
10) Ownership; Transfer of Use: Lessee’s only rights with respect to the Equipment is to use it in full compliance with this Contract during the Rental Period. Lessee shall NOT (i) permit the existence of any lien, claim, security interest, or encumbrance on the Equipment; (ii) attach or annex the Equipment to any other property; (iii) loan, transfer, sublease, store, modify, repair, surrender, or assign any Equipment or this Contract without Lessor’s prior written consent and any attempt to effect any of the foregoing without such written consent shall be null and void. This Contract is a true lease. Lessor is to retain full ownership of the Equipment and may sell, assign, mortgage, or otherwise dispose of any or all of the Equipment or this Contract with or without notice to Lessee, in which event, Lessee will attorn to the assignee.
11) Insurance; Indemnification: (a) Lessee agrees to maintain, throughout the Rental Period and by an insurance company approved by Lessor, (i) commercial general liability insurance with limits of not less than $1,000,000 per occurrence/$2,000,000 annual aggregate; (ii) property damage insurance or “All Risk of Physical Loss” (aka “Equipment Floater”) coverage for the full replacement value of all rented Equipment; (iii) automobile liability insurance, and uninsured/underinsured motorist coverage; and (iv) worker’s compensation insurance as required by law. (b) Such policies shall (i) name BRC Rentals, Inc. as an additional insured and loss payee; (ii) be primary and non-contributory; (iii) include a waiver of subrogation; and (iv) provide for at least thirty (30) days’ notice to Lessor of any intention to cancel or modify the policy. Lessee agrees to provide such policies or acceptable certificates to Lessor prior to usage; Lessor’s failure to request the insurance coverage shall not relieve Lessee of the responsibilities provided herein. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LESSEE HEREBY ASSUMES ALL RISK OF PERSONAL AND BODILY INJURY, DAMAGE, DESTRUCTION, AND LOSS OF, TO, OR ARISING IN CONNECTION WITH THE EQUIPMENT OR SERVICES REFERENCED IN THIS CONTRACT. LESSEE RELEASES, DISCHARGES, AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LESSOR and its members, managers, officers, owners, agents, employees, insurers, representatives, successors, and assigns for, from and against all injuries, liabilities, claims, damages, losses, costs, and expenses, including without limitation, attorney’s fees, arising from or associated with any such Equipment or services. Lessee further waives all rights and remedies available under the Uniform Commercial Code, as well as direct, indirect, consequential, general, special, and punitive damages, against Lessor and each and every foregoing party. Such allocation of risk and waiver is reflected in a reduced Rental Rate.
12) Optional Damage Waiver: If and only if Lessor has offered, and Lessee has elected to purchase Lessor’s optional “Damage Waiver” and agreed to pay the non-refundable “Damage Waiver Fees” set forth therein, then solely with respect to Equipment covered by the “Damage Waiver,” Lessee’s liability for the cost to repair or replace such Equipment will be limited as set forth in the Damage Waiver. Lessee may decline the Damage Waiver fees if it fully and timely complies with this Contract, including providing Paragraph 11 Insurance. The Damage Waiver is not insurance, nor is it a warranty.
13) No Warranties; Liability: Lessor is not the manufacturer or an agent of the manufacturer of the Equipment. Lessee accepts Equipment on an “as is” basis, with “all faults” and without any recourse whatsoever against Lessor. LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, DESIGN, CONSTRUCTION, SAFETY, OR CAPACITY OF THE LEASED EQUIPMENT, OR ITS FITNESS FOR A PARTICULAR PURPOSE. However, Lessor assigns to Lessee during the Rental Period any warranties made by the manufacturer of the Equipment. THE LIABILITY OF LESSOR ARISING OUT OF OR RELATED TO THIS CONTRACT OR THE EQUIPMENT, WHETHER SUCH LIABILITY IS ASSERTED IN TORT, UNDER ANY ALLEGED BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PERIODIC RENTAL CHARGES PAID BY LESSEE UNDER THIS CONTRACT.
14) Interest/ Liens/ Conciliation Court/ Collection Charges: Lessor shall have the right to pay any matter which is the obligation of the Lessee hereunder, including without limitation insurance premiums, and Lessee shall reimburse Lessor for any such amount paid by Lessor upon demand, but in no event later than the date upon which any Periodic Rental Charge is due and payable. Lessee agrees to pay interest on any amounts not paid when due, at the lesser of 1.5% per month 30 days from the due date, or the highest rate permitted under applicable law. Additionally, Lessee shall pay all costs of collection of said amounts, including but not limited to reasonable attorney’s fees, court costs, lien fee amounts, and expenses of repossession of Equipment. Lessee hereby grants to Lessor a lien on all Real Property that may be improved with any Equipment or on which any Equipment may be located or used. Lessee further agrees to pay all “costs,” including but not limited to court fees, attorney fees, and any other expenses incurred by Lessor in relation to the enforcement of any lien placed on the Real Property where the Equipment is being used, due to Lessee’s default. If Lessor resorts to small claims court (conciliation court) to recover unpaid invoices, Lessee shall be responsible for all associated court costs, administrative costs, and fees. Collection costs of all type (i.e., lien and/or conciliation costs) in no event shall be less than $500. These costs and fees shall be considered additional obligations of the Lessee.
15) Personal Guarantee: In the event that the Signatory Agent and/or the Possessing Individual contracting for this agreement on behalf of the Lessee is also an owner or holds an ownership interest in the Lessee entity (e.g., LLC, corporation, etc.) identified as the Lessee, said Signatory Agent and/or Possessing Individual hereby personally guarantees the performance and fulfillment of all obligations, liabilities, and responsibilities of the Lessee under this agreement. This personal guarantee shall include, but not be limited to, the payment of all Periodic Rental Charges, Additional Usage charges, costs associated with liens, small claims court proceedings, and any other fees or expenses incurred by Lessor due to Lessee’s default. The personal guarantee shall remain in full force and effect irrespective of any changes in the ownership or structure of the Lessee entity. IN THE EVENT OF LESSEE’S DEFAULT, LESSOR SHALL HAVE THE RIGHT TO PURSUE THE SIGNATORY AGENT AND/OR POSSESSING INDIVIDUAL MEETING THE CONDITIONS SAID HEREIN FOR THE FULL AMOUNT OWED UNDER THIS AGREEMENT. This personal guarantee shall be binding upon the heirs, executors, administrators, successors, and assigns of the Signatory Agent and/or the Possessing Individual.
16) Miscellaneous: This Contract, including Page 1 and the Terms and Conditions, is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. Other than as provided in Paragraph 12, no change, modification, amendment, or addition of or to this Contract or any part thereof shall be valid unless in writing and signed by authorized representatives of both Parties. Any and all matters of dispute between the Parties to this Contract, whether arising from the Contract itself or from alleged extra contractual facts prior to, during, or subsequent to its formation, shall be governed by, construed, and enforced in accordance with the laws of the state of Minnesota (excluding its conflict of law provisions) and brought solely in any state or federal court located in Minnesota, Hennepin County. Lessee hereby consents to the exclusive personal jurisdictions of such courts. If any provision of this Contract is held invalid by a court of competent jurisdiction, such invalidity will not affect any other provision of this Contract that can be given effect without the invalid provision. Any failure by Lessor to insist upon strict performance of any portion of this Contract shall not be construed as a waiver of the right to demand strict performance in the future. Digital, electronic, photocopied and facsimiled signatures included on this Contract shall be deemed the equivalents of originals for all purposes.