- All orders placed within 48 hours of rental period will be confirmed by a 1st Choice representative to ensure availability.
TERMS AND CONDITIONS OF RENTAL CONTRACT
1. For good and valuable consideration, you and 1st Choice Equipment Rental, LLC, an Ohio limited liability company (hereinafter, “1st Choice”) agree as follows: As used herein, “Page 1” refers to the first page or “face” of this Contract; “Contract” refers to Page 1 together with these Terms and Conditions of Rental Contract, “Rented Item(s)” or “Item(s)” means the item(s) of personal property rented to you, as identified on Page 1; “Site” means the “Address” or delivery/use location set forth on Page 1; “Customer,” “Lessee,” “you” and “your” mean the “Lessee” identified on Page 1, and “Lessor,” “we,” “us” and “our” mean 1st Choice.
2. You agree to rent from 1st Choice, and 1st Choice agrees to rent to you, the Rented Item(s) for the period(s) specified on Page 1 (the “Term”). You agree to pay 1st Choice the “Charges” set forth therein (the “Rent”), together with any other charges accruing hereunder, without proration, reduction or setoff, until all Rented Item(s) is/are returned to and accepted by 1st Choice. Unless otherwise specifically agreed by 1st Choice, the Rent specified on Page 1 is charged for normal use of the Rented Item(s) on: (a) a single-event basis for special events-related Items (including without limitation, tents, concession equipment, and other events-related items), and (b) a single-shift basis for all other Items (including without limitation, tools and equipment), not exceeding 8 hours per day, 40 hours per week, and 160 hours per 4-week period, and otherwise in accordance with the terms hereof and the “Instructions” described in Section 5. You agree to pay additional charges for overuse and late returns. No allowance will be made for time in transit, weather, weekends, holidays, or any other period of nonuse, unless otherwise separately agreed by 1st Choice. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You agree: (a) to pay 1st Choice: (i) the Estimated Rent, together with any deposit specified on Page 1 in advance (together, the “Prepayment”); and (ii) any additional amounts coming due hereunder upon demand; and (b) that: (i) 1st Choice may deduct any amount you owe hereunder from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to 1st Choice; and (iv) all Prepayments are NON-REFUNDABLE (and if you cancel your order, you will be billed for at least a 1-day rental), unless otherwise specifically agreed by 1st Choice. Anything remaining with, in or on any Rented Item(s) upon return will, at 1st Choice’s option, be deemed surrendered and abandoned.
3. Except with respect to Rented Item(s) that 1st Choice rents from one or more third party(ies) (each a “Third-Party Owner” or “TPO”) and re-rents to you (each, a “Re-Rented Item”), 1st Choice owns and will retain title to all Rented Items at all times. Your only right with respect to the Rented Item(s) (including Re-Rented Item(s)) is to use it/them in full compliance with this Contract during the Term. You will not permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item. You shall not loan, transfer, sublease or assign any Rented Item or this Contract without the prior written consent of 1st Choice. We may sell and/or assign all or any part of our interests in the Rented Item(s) and/or this Contract, in which event, you agree to attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of 1st Choice.
4. If we agree to deliver and/or retrieve any Item(s), you will: (a) pay our regular charge(s) for the same, and for all waiting time; (b) be present at the Site at the agreed time(s); (c) ensure the Site is reasonably clean, safe and secure; and (d) ensure our personnel have full access thereto. We will not be responsible for delay(s) caused by other parties, including providers of other equipment or services (“Other Providers”) for which you hereby release and hold harmless 1st Choice, its agents and employees. If you are not present upon delivery and/or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including status, condition, quantities, freedom from defects and proper installation).
5. Upon your execution of this Contract (or upon later delivery of the Item(s), unless you immediately reject it/them), you represent, warrant, acknowledge and agree that: (a) each Item: (i) is in good repair and operating condition and is in all ways acceptable to you; (ii) is appropriate for your purposes; and (iii) was selected (not based on any recommendation by 1st Choice), carefully examined and inspected solely by you or your agent(s); and (b) you: (i) have received, carefully read and understand the training, instructions, user manuals, maintenance requirements, and other information, if any (including all applicable EPA, OSHA, NFPA, IFC, IBC, ASSE, ASME, IEEE, SAIA and/or ANSI Standards) regarding the proper and safe transportation, installation, fueling, use, maintenance and storage of such Item(s) (“Instructions”); (ii) will fully comply therewith (including EPA Tier 4 regulations); (iii) have been made aware of the need to use all recommended and required safety equipment (including fall protection equipment); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will give any required notice(s) to, and obtain all necessary licenses, authorizations and permits from, the appropriate governmental authorities as well as the owner(s) of the Site; (vi) will advise all local utilities and cable companies, and ensure all underground lines and cables are clearly and properly marked, before using any Item(s) to dig or disturb the ground surface; (vii) will create and post in a conspicuous place an OSHA-COMPLIANT EVACUATION PLAN for all rented Temporary Structures; (viii) WILL ENSURE THAT ALL CHILDREN IN, ON OR NEAR ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT AT ALL TIMES; (ix) will immediately cease using any Item that breaks down, malfunctions or proves defective (a “Malfunction”); and (x) will comply, and ensure that all others comply, with this Contract at all times. You will notify 1st Choice immediately if any of the above statements proves untrue at any time.
6. Ohio Law (§3781.25-32 of the Ohio Revised Code or “ORC”) requires that anyone penetrating the surface of the earth must have the utilities marked on their property before the “dig.” The Ohio Utilities Protection Service (OUPS) will arrange to have any public underground utilities marked on the Site. Please call them at 1-800-362-2764 up to 10 days prior to the installation date, but no later than 48 hours prior thereto. Similarly, the Ohio Oil & Gas Producers Utilities Protection Service (OGPUPS) should be called. They can be reached at 811 or 1-614-715-2984. You will need to know your county, township, and township section number for your event location. Both services are free.
7. In the event of a Malfunction as defined in Section 5, you will immediately notify 1st Choice, and return Malfunctioning Item(s) to 1st Choice. Provided the Malfunction did not result from or in connection with the willful or negligent act(s) or omission(s) of, or any breach of this Contract by, you or anyone you permit to use or access the Rented Item(s), we will at our sole option: (a) repair the subject Item; (b) provide you with a comparable Item; or (c) return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. 1st Choice will have no other obligation(s) regarding Malfunctions, all of which you waive, together with all associated incidental, consequential, special, exemplary and punitive damages, if any.
8. You agree to protect, properly maintain and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to 1st Choice on time, clean and otherwise in good order, condition and repair, properly serviced and maintained, and free of damage, marks, burns, mold, mildew, dirt, food, scuffs and scrapes. If you fail to do so, you will pay 1st Choice: (a) Rent for each succeeding full rental period until all Rented Item(s) have been returned or replaced as required hereunder; and (b) any and all costs and expenses 1st Choice may incur in connection with your failure to do so. Certain Items may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). Upon return, you agree to ensure that all Rented Items are properly Packed, using the same packing materials. YOU AGREE NOT TO PACK ANY SUCH ITEM UNLESS IT IS COMPLETELY DRY. IMPROPER PACKING, OR PACKING ITEMS THAT ARE WET OR DAMP, MAY RESULT IN MOLD, MILDEW OR OTHER DAMAGE, FOR WHICH YOU WILL BE LIABLE.
9. YOU AGREE TO PROVIDE ALL NECESSARY FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL USERS AND OCCUPANTS OF THE RENTED ITEM(S), and ensure that each Item is used safely and only: (a) for its intended purpose(s) and in accordance with the Instructions; (b) within its rated capacity; (c) unless otherwise specifically agreed by 1st Choice in writing, at the Site; (d) BY COMPETENT AND PROPERLY TRAINED, QUALIFIED, CERTIFIED, FAMILIARIZED, AND/OR LICENSED (AS APPLICABLE) OPERATORS; and (e) otherwise in full compliance with the Instructions as well as all applicable laws, rules and regulations, at all times.
10. You will not, nor will you permit anyone else to: (i) abuse, misuse, overuse, remove, conceal, repair, alter, modify, damage or destroy any Rented Item; (ii) violate any applicable law, policy of insurance or warranty; or (iii) take possession of or exercise control over any Rented Item without 1st Choice’s prior consent (which may be granted, conditioned, or withheld in 1st Choice’s sole discretion).
11. WARNINGS: “TEMPORARY STRUCTURES” (INCLUDING TENTS AND CANOPIES), AS WELL AS SCAFFOLDS, LADDERS, LOADERS, TRENCHERS, EXCAVATORS, AND POWERED EQUIPMENT AND TOOLS (INCLUDING ITEMS USED FOR DIGGING, DRILLING, CUTTING, GRINDING, WELDING, SPRAYING, BREAKING, BORING, HEATING, COOLING, COOKING, LOADING, TOWING AND/OR HAULING), CAN BE DANGEROUS, AND MAY, AMONG OTHER
THINGS, MOVE, SHIFT, TIP, SINK, OVERTURN, LEAK, OR COLLAPSE, PARTICULARLY DURING SEVERE WEATHER AND/OR ON STEEP TERRAIN. EXERCISE EXTREME CARE AT ALL TIMES WHEN DEALING WITH SUCH ITEMS.
12. 1ST CHOICE IS NOT THE MANUFACTURER OR DESIGNER OF ANY RENTED ITEM(S), ALL OF WHICH ARE PROVIDED “AS-IS”. EXCEPT ONLY AS REQUIRED BY APPLICABLE LAW, 1ST CHOICE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR WORKMANLIKE PERFORMANCE, AND/OR ANY WARRANTY(IES) ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) PROVIDED BY 1ST CHOICE, NOR DOES 1ST CHOICE OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS, SPECIFICATIONS, MODELS, OR ADVERTISEMENTS SHALL CONSTITUTE REPRESENTATIONS OR WARRANTIES BY 1ST CHOICE OR ANY TPO.
13. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY: (A) ASSUME ALL RISK OF INJURY, LOSS, DAMAGE, DESTRUCTION AND ENVIRONMENTAL CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, ALL ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR AND/OR RETRIEVAL THEREOF, WHETHER OR NOT YOUR FAULT; (B) RELEASE AND DISCHARGE 1ST CHOICE AND EACH TPO FROM AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 1ST CHOICE, EACH TPO, AND THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, AGENTS, EMPLOYEES, INSURERS, REPRESENTATIVES, SUBROGEES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH ITEM(S) AND/OR SERVICES. You hereby waive any and all rights, claims and damages arising under the Uniform Commercial Code as adopted in Ohio, as well as all incidental, consequential, special, exemplary and punitive damages, against 1st Choice and each TPO.
14. You will maintain all insurance we deem necessary in connection herewith, including without limitation, liability insurance with minimum limits of $1,000,000 per occurrence, and property damage/inland marine insurance covering all Items for the full (new) replacement cost thereof. All such policies shall: (i) name 1st Choice as an additional insured and loss payee; (ii) waive subrogation against 1st Choice; (iii) be primary and non-contributory; (iv) include a severability of interests clause; and (v) include such other provisions (including deductibles) as 1st Choice deems necessary.
15. If and only if, we have offered, and you have elected to purchase the OPTIONAL DAMAGE WAIVER and paid the Damage Waiver fee set forth on Page 1 prior to commencement of the Term, then with respect only to Item(s) covered by Damage Waiver (“Covered Items”), you will have no liability to 1st Choice for 80% of the cost to repair or replace such Covered Items (up to $10,000) if and to the extent they suffer physical damage during the Term; provided however, that you will remain 100% liable for: (a) all damage to or loss of Covered Items caused in whole or in part by: (i) your breach of this Contract; (ii) theft of or failure to return any Covered Item(s); (iii) gross negligence, misuse and/or abuse; (iv) vandalism and malicious mischief, (v) use of alcohol or drugs; and/or (vi) use of any Rented Item(s) in violation of this Contract, any Instruction(s) or any applicable law or policy of insurance; (b) all damage to glass, tires, belts, tracks, chains, knobs and/or hoses; and (c) all replacement or repair costs for damage to Covered Items in excess of $10,000 in the aggregate across all Covered Items. You may decline Damage Waiver if you provide the insurance specified in Section 14 above. DAMAGE WAIVER IS NOT INSURANCE, NOR IS IT A WARRANTY.
16. Your duties hereunder are unconditional. If you or any guarantor: (a) fail to fully and timely pay or perform any of your obligations under this Contract; (b) provide any incorrect or misleading information to 1st Choice; (c) become insolvent; or (d) die or cease conducting business, or if any Rented Item(s) shall be lost, damaged or destroyed, you will be in default hereunder, whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) terminate your rental; (ii) seek relief from any automatic stay; (iii) recover, lock or disable the Rented Item(s) without being guilty of trespass or liable for personal injuries or property damage (for which you agree to indemnify, defend and hold harmless 1st Choice); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s) as necessary; (vi) recover from you and/or any guarantor (jointly and severally) our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the remainder of the Term and attorneys’ fees); and/or (vii) pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative.
17. To the maximum extent permitted under applicable law, 1st Choice will be entitled to a lien on (a) all real property improved with any Rented Item(s) (or on which it/they may be located or used), and (b) all personal property attached to, or placed or stored in or on, any Rented Item(s). You agree to pay 1st Choice the maximum lawful charge for any check you write which is returned unpaid. 1st Choice may, without notice or liability to you, inspect and/or monitor (e.g., via GPS or telematics) any Rented Item(s) at any time, and all data generated thereby will be deemed the sole property of 1st Choice. If any performance required of us is delayed or rendered impractical as a result of any act or omission of any Other Provider(s) or any “Act of God” (e.g., any event, fact or circumstance beyond our reasonable control), we will be excused from such performance. All amounts due hereunder but not timely paid will bear interest at the lesser of: (a) 18% per annum, or (b) the highest rate permitted under applicable law until paid. Except only as set forth herein, this Contract cannot be further amended or extended except in a writing signed by both you and 1st Choice. 1st Choice’s maximum liability in connection with this Contract is limited to the amount(s) actually paid by you to 1st Choice hereunder. This Contract allocates to you certain risks, and that allocation is reflected in a reduced Rent. You will pay all sales, use, transfer and other taxes, fines, fees, assessments and other charges related to each Item. No failure or delay in the exercise of any rights or remedies will constitute a waiver of any right or remedy we may have. 1st Choice will be entitled to recover from you 1st Choice’s attorneys’ fees, costs and expenses in any legal action commenced in connection herewith, if 1st Choice prevails against you.
18. This Contract is a true “operating” lease, and not a “disguised financing.” Time is of the essence. There are no third-party beneficiaries hereto, other than the TPO(s), if any. This Contract will be deemed to apply not only to all Item(s) identified on Page 1, but also to all other Items you obtain from 1st Choice at any time (except only as may otherwise be agreed by 1st Choice). This Contract, and any Addenda provided by 1st Choice (each of which is incorporated herein), constitute the entire agreement between you and 1st Choice, superseding all other oral and written agreements and representations (including our website and advertising). Except only as expressly provided herein, this Contract cannot be modified without the express written consent of 1st Choice. This Contract shall be interpreted under the laws of the State of Ohio. Proper venue for all civil legal proceedings commenced in connection herewith shall lie solely and exclusively in the federal and state circuit courts located in or nearest to Butler County, OH (unless waived by 1st Choice). You hereby consent and submit to such jurisdiction and venue, and waive any and all claims that such venue constitutes an inconvenient forum. If any provision of this Contract is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make the same valid and enforceable, or if no such modification shall be possible, deleted, and the remainder of this Contract will remain valid and in full force and effect. Digital, photocopied, facsimiled and electronic signatures and initials appearing on this Contract will be deemed originals.
19. Any item(s) sold to you (“Purchased Item(s)”), as provided on Page 1 are provided “AS-IS” and “WITH ALL FAULTS,” and are subject to the terms of this Contract (modified as necessary to address sales). All item(s) not specifically identified as “Purchased Item(s)” on Page 1 will be deemed to be “Rented Item(s)”.
20. WARNING: Under Ohio Revised Code, §§ 2913.02 and 2913.72, providing false information and/or failing to timely return Rented Item(s) may subject you to CRIMINAL PROSECUTION for theft of rented property or rental services. The perpetrator may also be ordered to make restitution for the cost of repairing or replacing the Rented Item(s) as well as any other losses (including loss of revenue) incurred by 1st Choice.
TERMS AND CONDITIONS OF RENTAL CONTRACT
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