Rental Contract

IMPORTANT. PLEASE READ CAREFULLY:

This is a legally binding Contract. Important Terms and Conditions appear on this Invoice and on the Terms and Conditions hereof (together, the “Contract”). You agree to rent the above referenced Item(s) from Buck Rentals LLC, a Pennsylvania limited liability company, d/b/a “Buck Rentals” (also referred to herein as “BUCK,” “Lessor,” “we,” “us,” and “our”) per the terms of the Contract. You acknowledge and agree that you have carefully reviewed, fully understand, and agree to this Contract, that you have received a complete and legible copy of the same, and that you PERSONALLY GUARANTEE the prompt payment and performance of all obligations of the Customer/Lessee arising (t)hereunder and/or in connection (t)herewith.

LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE

For good and valuable consideration, you and Buck Rentals LLC, a Pennsylvania limited liability company, d/b/a “Buck Rentals” (also referred to herein as “BUCK,” “Lessor,” “we,” “us,” and “our”) agree as follows:

1. Definitions: As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions; “Rented Item(s)” or “Item(s)” means the Items provided (rented or if specifically set forth on P.1, sold) to you, as identified on P.1; “Site” means the address set forth on P.1 where the Item(s) is/are to be delivered and/or used; and “Customer,” “Lessee,” “you” and “your” mean the “Renter,” “Customer,” “Lessee” and/or “Guarantor” (as applicable) identified on P.1.
2. Terms: You agree to rent from BUCK the Rented Item(s) for the period(s) specified on P.1 (the “Term”), to pay us our stated rental rate(s) (the “Rent”), together with all other charges accruing hereunder, without proration, reduction or setoff, and to remain liable for all loss, theft, injuries and damages of, to, or associated with such Item(s), until all Item(s) is/are returned to and accepted by BUCK in the return condition required under this Contract. Unless otherwise specifically agreed to by BUCK in writing, all rental rates are for normal use of the Rented Item(s) on a single-shift basis during the Term, not exceeding 8 hours per 24-hour period for which Rent is charged hereunder (each, a “Rental Day”), 40 hours per 7-Rental Day period, 160 hours per month (zero hours for any and all uncharged-for periods), and in accordance with the terms of this Contract. Additional Rent at our highest incremental rate will be charged for late returns and overuse. Lessee agrees to pay all taxes (including all sales, use, fuel, and other taxes), fines, fees, assessments and other charges related to each Item and/or the transactions contemplated in this Contract allowable or required under Pennsylvania law, including without limitation, any local sales tax levied by the appropriate county or city. See 72 Pa. Stat. Ann. Ch. 5 et seq., and 61 Pa. Code. § 60.16 and its/their successor(s), if any, for details. You will not be entitled to any cancellation right or reduction of Rent or other amounts coming due hereunder to account for time in transit, Act(s) of God, event(s) of force majeure or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). Unless otherwise agreed to by BUCK in writing, you agree: (a) to pay us the Estimated Rent and any deposits specified on P.1 in advance of the Term (the “Prepayment”), and all other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount(s) you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to us; and (iv) all Prepayments are NON-REFUNDABLE. All amounts due hereunder but not timely paid will bear interest at the lesser of 18% per annum or the highest rate permitted under applicable law. You authorize us to charge all amounts coming due hereunder to any debit and/or credit card(s) you provide (up to 150% of the new replacement cost of the Item(s)). You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to the amount(s) actually paid by you and received by us hereunder for the Item(s) identified on P.1.
3. Delivery and Retrieval: If we agree to deliver and/or retrieve any Item(s), you agree to: (a) ensure the Site is reasonably clean, safe, secure and fit for delivery and use of the Item(s); (b) pay our regular charge(s) therefor, and for all waiting time; (c) be present at the Site at the agreed time(s); and (d) ensure our personnel have full access to the Site. We will not be responsible for delay(s) caused by any acts or omissions of/by you, your agents, employees or contractors, or any other parties, including providers of other equipment or services (“Other Providers”) for which you agree to indemnify, defend, and hold harmless BUCK, its agents, employees, and contractors. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of our representatives and/or delivery personnel regarding the same (including status, condition, quality, utility, defects, and quantities of or with respect to the Item(s) and the Site). Anything remaining with, in or on any Rented Item(s) upon return will, at our option, be deemed abandoned.
4. Equipment Return: You agree to protect, properly maintain and care for the Items, keep them safely and securely stored and locked when not in use, and return the Rented Items to us on time at the end of the Term, complete (with all original batteries, cords, attachments and peripherals), clean, free of contamination (including without limitation, asbestos, beryllium, silica and pathogens), in good order, condition and repair, properly serviced and maintained, and if applicable, fully charged and/or full of the appropriate fuel, fluids and lubricants. If you fail to do so, in addition to any other amounts specified on P.1, you will promptly pay BUCK Rent at our highest incremental rate(s) and all costs and expenses we may incur in connection with such failure until all such Item(s) have been returned or replaced as required.
5. Title: Except with respect to Items BUCK rents from one or more third parties (each, a “Third Party Owner,” or “TPO”) and then re-rents to you (“Re-Rented Items”), BUCK owns and will always retain title to Rented Items at all times. You will have exclusive control over the Rented Item(s) during the Term, subject to your obligation to always fully and timely comply with this Contract. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any Rented Item(s); (b) have any title or ownership interest in or with respect to any Rented Item(s); or (c) loan, share, transfer, sublease, store, surrender or assign any Rented Item(s) or this Contract, without our prior written consent (in our sole and absolute discretion). BUCK may substitute Rented Item(s) and/or sell or assign all or any part of its interests in one or more Rented Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of BUCK or any TPO.
6. Instructions: Upon the earlier of your receipt, or the delivery to the Site, of the Rented Item(s), unless you thereupon reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair, fully charged and/or fueled (as applicable); (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by us), carefully examined, counted and tested by you or your agent(s); and (b) you: (i) have carefully reviewed and fully understand all laws, rules, regulations, training, instructions, user manuals, maintenance requirements, and other information, if any, including all EPA, OSHA, MSHA, ASME, IBC, IFC, IEEE, UL, ASSP, DOT, FMCSA, IFTA, ANSI and other standards, applicable to the Item(s) (collectively, “Instructions”); (ii) will fully comply therewith (including Tier 4, Silica Dust, Ventilation, charging, fueling, cleaning, voltage, AWP Training and Familiarization, and site assessment requirements); (iii) have been made aware of the need to use all applicable personal protective equipment and safety devices, including FALL AND RESPIRATORY PROTECTION (anyone operating certain “Hoisting Machinery” must also be licensed by the State Board of Crane Operators); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give all applicable notice(s) to, and obtain all applicable licenses, authorizations, permits and approvals from, all affected parties, including (without limitation) governmental authorities, utilities, cable companies and the owner(s) of the Site, and ensure that all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to disturb the ground surface (Call 811 and go to www.callbeforeyoudig.com at least 3 full business days in advance); and (vi) will ensure that all others comply with this Contract at all times. You shall not, nor shall you permit anyone else to: (i) use any handheld communication device while operating any Rented Item(s); (ii) use any Rented Item while under the influence of any intoxicant(s) (including without limitation, cannabis, cannabinoids, and alcohol, whether or not legal or medicinal); (iii) abuse, misuse, overuse, conceal, store with any third party, repair, modify or damage any Rented Item(s); (iv) violate any instruction, insurance policy or warranty; (v) expose Items to any flammable, explosive, harmful or hazardous substances/circumstances; (vi) disable, misuse or circumvent any safety equipment or device(s) in, on or with any Item(s); or (vii) take possession of or exercise control over any Rented Item(s) without our prior written consent (granted, conditioned, or withheld in our sole discretion). You agree to notify the authorities and BUCK in the event of any theft or accident involving any Rented Item(s), and BUCK if any of the above requirements is/are breached or proven incorrect.
7. NO WARRANTIES: BUCK IS NOT THE MANUFACTURER OR DESIGNER OF ANY RENTED ITEM(S), ALL OF WHICH ARE PROVIDED “AS-IS.” NEITHER BUCK, NOR ANY TPO, MAKE ANY WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING ANY AND ALL WARRANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND GOOD AND WORKMANLIKE PERFORMANCE, or any warranty(ies) arising from course of dealing, performance and/or usage of trade) regarding any Item(s) or Service(s) provided by or at the direction of BUCK or any TPO. Neither BUCK, nor any TPO, make any warranty against INTERFERENCE OR INFRINGEMENT, all of which warranties you hereby waive. NO DESCRIPTIONS, SPECIFICATIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY BUCK OR ANY TPO. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
8. Malfunctions: You agree to immediately cease using any Item that is damaged, breaks down, or proves defective (a “Malfunction”), in which event you will promptly notify, and return the Malfunctioning Item(s) to, BUCK. Provided the Malfunction didn’t result from or in connection with any wrongful or negligent act or omission of/by you or anyone you permit to use or otherwise deal with any Rented Item(s), and/or your breach of any provision of this Contract, BUCK will, at its option: (i) repair the Malfunctioning Item; (ii) provide a comparable Item; or (iii) solely with respect to the Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. BUCK shall have no other obligation(s) regarding Malfunctions, all of which you waive, together with all incidental, consequential, special, exemplary, and punitive damages.
9. WARNINGS: The rented item(s) can be dangerous. You agree to ensure that rented items are fueled (engines may emit toxic gas fumes, so always refuel in an open and well-ventilated area), charged, serviced, maintained, repaired, and used with extreme care, only for their intended purpose(s), and only by properly qualified, instructed, trained, familiarized, and licensed, adult users, operators and occupants, and you agree to provide all applicable familiarization, training, instructions and warnings to all such parties. You will also ensure that: (i) each such item is operated and occupied safely and only within its rated capacity; (ii) unless otherwise specifically agreed by BUCK at the site; and (iii) in full compliance with this contract, the instructions and all applicable warranties and insurance policies at all times.
10. INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, ELECTRIC SHOCK, ILLNESS, PRODUCTS LIABILITY, LOSS, THEFT, DAMAGE, AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND/OR SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES ARISING FROM AND/OR IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, FUELING, CHARGING, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, INSTALLATION, CLEANING, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL OF SUCH ITEM(S) AND/OR SERVICE(S), WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BUCK, EACH TPO, their respective parents, affiliates and subsidiaries, and their respective owners, shareholders, members, managers, officers, directors, agents, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses arising from and/or in connection with the Item(s), this Contract, our negligence, and/or your breach of any one or more of the terms hereof (and except only as provided in § 8), (C) WAIVE all rights, remedies and defenses available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each Indemnitee.
11. Insurance: You agree to maintain all insurance we may require, including: (a) liability insurance with minimum limits of $1,000,000 per occurrence; (b) property damage/inland marine insurance covering all Items for the full (new) replacement cost thereof; (c) workers’ compensation insurance; and (d) for all vehicles and trailers included with or in the Rented Item(s): (i) hired auto liability insurance with minimum limits of $1,000,000; (ii) hired auto physical damage insurance for actual cash value; and (iii) replacement cost contents insurance for all contents thereof. Such policies shall, whenever possible: (A) name BUCK as an additional insured and loss payee; (B) waive subrogation against us; (C) be primary and non-contributory; and (D) include a severability of interests clause and such other provisions (including deductibles) as we may require. You irrevocably appoint BUCK as your agent and attorney-in-fact for purposes of submitting, negotiating, and settling claims on all such policies.
12. Force Majeure / Liens: To the maximum extent permitted under applicable law, you grant to BUCK a lien on all real and personal property placed in, on, and/or improved with, any Rented Item(s). We may, without notice or liability to you, monitor and/or inspect, in person and/or electronically (including, without limitation, via Telematics/GPS systems) Rented Item(s) at any time. You consent thereto and agree that all information thereby obtained will be BUCK’s property. If any performance required of BUCK shall be delayed, impaired or made more costly as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God,” event of force majeure (including without limitation, fire, flood, storm, earthquake, tsunami, slide, subsidence, collapse, riot, war, violence, threat, theft, terrorism, cyber-attack, supplier delay, strike, shutdown, power surge or outage, epidemic, pandemic, and governmental and regulatory actions) or other events, facts or circumstances beyond our reasonable control, we will be excused from such performance. You waive all statutes of limitations regarding our rights and remedies.
13. Defaults and Remedies: This is a “net” rental. Your duties hereunder are unconditional. If you or any Guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract and/or any of your obligations arising hereunder or in connection herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent; or (d) die or cease conducting business, or if any Rented Item(s) shall be lost or damaged, you will be in DEFAULT under this Contract, whereupon, BUCK may with or without legal process or notice (and without liability to you or any Guarantor), to the maximum extent permitted under applicable law: (i) cancel the Term and/or the subject Contract(s) (and/or your rights to use and possess the Rented Item(s)); (ii) seek relief from stay; (iii) recover, empty, lock, restrict and/or disable any Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage, including without limitation, any and all damage to crops, flora and/or fauna (for which you will indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you and/or any Guarantor our associated damages, losses, costs and expenses (including without limitation, Rent for the balance of the scheduled Term, overtime, the cost of replacement Item(s), loss of use, interest, attorneys’ fees, collection costs, and if civil fraud has maliciously occurred, punitive damages for civil fraud; and/or pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative. See 13 Pa. Stat. and Cons. Stat. Ann. § 2A504 and its successor(s), if any, for details. Lessee acknowledges that in case of default by Lessee, the damages provided in this Contract are reasonable in light of the anticipated harm that would result from Lessee's breach. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies. Time is of the essence. This Contract: (i) is a true operating lease, and not a financing; (ii) is fair and reasonable; and (iii) shall bind and be enforceable by you, BUCK, the other Indemnitees, and their respective insurers, subrogees, successors and permitted assigns.
14. Venue and Arbitration: If legal action is commenced in connection herewith, Lessor will be entitled to recover its associated costs and expenses (including without limitation, attorneys’ fees) from Lessee if Lessor prevails. This Contract shall be governed by and enforceable under the laws of Pennsylvania (unless waived by Lessor). To the extent it is deemed invalid or unenforceable by any court of competent jurisdiction, such term(s) will be deleted, and the remainder of this Contract will remain valid and in full force and effect. Disputes arising in connection with this Contract shall, at BUCK’s option, be submitted to binding ARBITRATION in accordance with the Rules of the American Arbitration Association before a single arbitrator and in a location selected by BUCK. Judgment on the arbitrator’s award shall be final and binding and may be entered in any court of competent jurisdiction. Proper venue for all other civil legal actions commenced in connection herewith shall lie solely and exclusively in the federal, state, and local courts located in or nearest to Lancaster County, PA. You consent and submit thereto and waive all claims that such venue lies in an inconvenient forum. YOU HEREBY WAIVE: (A) YOUR RIGHT(S), IF ANY, TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER JOINT ACTION AGAINST BUCK; AND (B) YOUR RIGHT TO TRIAL BY JURY. Digital, electronic, photocopied, and facsimiled signatures and initials appearing on this Contract will be deemed originals.
15. Sales: Any and all item(s) sold to you (“Sale Items”), as provided on P.1 are provided “AS-IS” and “WITH ALL FAULTS,” and are subject to the terms of this Contract (modified to address sales), provided that we will have no obligations under § 8. All Item(s) not specifically identified as Sale Items on P.1 will be deemed “Rented Item(s).
16. Miscellaneous: There are no third-party beneficiaries hereto other than the applicable Indemnitees. These Terms and Conditions apply to all Item(s) identified on P.1, and to all other Items you obtain from us at any time (except only as we may otherwise agree). The terms of this Contract are severable. This Contract, and any pictures, videos, and/or addenda we provide, each of which is incorporated herein, represent(s) the entire agreement between you and BUCK, superseding all other agreements and representations (including our website and advertising) and cannot otherwise be amended or extended except in a writing signed by BUCK.
17. Theft Warning: Intentionally obtaining services available only for compensation by deception, threat, false token, or other means to avoid payment and/or failing to timely return such property may be deemed THEFT resulting in CRIMINAL PROSECUTION AND/OR CIVIL PENALTY(IES). See 18 Pa. Stat and Cons. Stat. Ann. § 3921 et seq. and its/their successor(s), if any, for details. Copyright ©, JWL International. All rights reserved. Unauthorized reproduction and/or distribution expressly prohibited. LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE