You, the Applicant are applying for credit from Precision Rentals LLC (“Precision”) for the purpose of obtaining rentals, products and/ or services from Precision. Applicant understands and expressly agrees that the information provided on the front and back of this credit Application and any financial statements provided to precision is being provided for the purpose of obtaining credit. Applicant, therefore, represents and warrants that the information provided is true and complete. Applicant further understands and agrees that Applicant has an on-going affirmative duty to notify Precision immediately of any material change in Applicant’s financial status and any change in the information provided herein. Where the word “Applicant” is used it includes the undersigned.
THIS APPLICATION COVERS ALL CURRENT AND ALL FUTURE AUTHORIZED PURCHASES AND RENTALS. BY SIGNING BELOW OR ACCEPTING ANY MATERIALS AND/OR EQUIPMENT, EVEN IF THIS APPLICATION OR CONTRACT IS NOT SIGNED, APPLICANT AGREES TO ALL OF THE TERMS AND CONDITIONS ON THE FRONT AND BACK OF THIS AGREEMENT AND ON ALL RENTAL OUT CONTRACTS IN THEIR ENTIRETY.
Applicant hereby expressly authorizes Precision Rentals to contact any parties listed herein and to verify any information contained in this Credit Application. If any of the information provided herein is believed by Precision Rentals to be untrue, Applicant hereby agrees that all of the Applicant’s obligations to Precision Rentals or held by Precision Rentals shall become immediately due and payable in full to Precision Rentals without any notice or demand whatsoever from Precision Rentals being required. The Applicant hereby waivers any privacy of credit information rights or regulations. The Applicant hereby expressly consents to allow Precision Rentals to obtain a consumer report or reports, as defined in the Fair Credit Reporting Act, on the Applicant as deemed necessary by Precision Rentals, and hereby expressly instructs any consumer reporting agency to provide Precision Rentals with a consumer report or reports on the Applicant. The Applicant intends to use this information to, among other things, evaluate the credit worthiness of the Applicant whether as a principle in the transaction or as a guarantor, and to evaluate the collectability of any debt owed to Precision Rentals by the Applicant in any capacity whatever
In Consideration for Precision Rentals extending credit to the Applicant, the undersigned hereby personally and unconditionally guarantees to Precision Rentals the Prompt payment of any and all money due and owing to Precision Rentals by the Applicant and further personally and unconditionally guarantees the full prompt and faithful performance by the Applicant of any and all terms, convents and conditions of any agreement between Applicant and Precision Rentals. To the fullest extent permitted by law, the undersigned hereby waives and relinquishes all rights and remedies accorded by applicable law to guarantors and agrees not to assert or take advantage of any such rights or remedies. This guarantee is a continuing obligation of the undersigned and may be revoked for future indebtedness only by notifying Precision in writing via certified or registered mail.
THE UNDERSIGNED EXPRESSLY AGREES TO THE FOREGOING AND REPRESENTS AND WARRANTS THAT THE INFORMATION GIVEN IS TRUE, COMPLETE, AND CORRECT AND FURTHER AGREES TO ALL TERMS AND CONDITIONS INCLUDING THOSE ON THE REVERSE SIDE HEREOF.
(A) By completing this Application, Precision Rentals is not agreeing to extend credit to Applicant but is considering whether to allow Applicant to purchase or rent equipment on an open account from Precision Rentals. All such purchases and rentals are made subject hereto unless other terms are expressly agreed to, in writing, between Applicant and Precision Rentals
(B) If Applicant disputes the equipment rental, the charge therefor, and/or the validity or correctness of any transactions Applicant has with Precision Rentals, Applicant must notify Precision Rentals, in writing of the dispute, including details thereof, within 10 days of learning of the dispute. If Applicant fails to notify Precision Rentals of any dispute within the 10-day time period, Applicant shall be deemed to have accepted the transaction as satisfactory and to have voluntarily waived any such dispute or claim.
(C) Applicant and guarantor(s), jointly and severally, hereby agree to pay any and all fees and costs, including attorney’s fees and fees paid to collection agencies, incurred by Precision Rentals in enforcing the terms and provisions of this Agreement and/or in collecting any money owed to Precision Rentals. Applicant understands and agrees that Precision Rentals has no obligation to extend credit to Applicant and that Precision Rentals, in its sole and absolute discretion, may terminate the extension of any account accommodations or credit to Applicant at any time for any reason or for no reason whatsoever. TIME IS OF THE ESSENCE OF THIS AGREEMENT.
(A) All amounts charged by the Applicant will be due 10 (TEN) DAYS FROM DATE OF INVOICE or as specified on invoice. A FINANCE CHARGE will be imposed on any balance of the account that is not paid by the last day of the month in which the account becomes due. Applicant will incur NO FINANCE CHARGE if the account is paid in full by the last day of the month in which the account becomes due. The amount of the FINANCE CHARGE is computed on the last day of each month by multiplying the unpaid balance of the invoices which are due, after deducting payments and/or credits during the month, by periodic rate of one- and one-half percent (1 1/2 %) per month, or the highest legal rate permitted by law, whichever is lesser. The corresponding NOMINAL ANNUAL PERCENTAGE RATE is eighteen percent (18%) per year
(B) Payment must be made to PRECISION RENTALS LLC, 13152 W. Butler Road, El Mirage, AZ 85335, prior to the last day of the month in which the account becomes due to avoid a FINANCE CHARGE. PRECISION RENTALS LLC may at its option, require its Applicants to enter into a security agreement at the time of purchase. Precision Rentals is to retain title to and obtain a security interest in the property purchased until the amount charged for the property has been paid in full. Personal guarantees may be necessary on corporate, partnership, or proprietorship accounts. Applicant acknowledges and represents that any and all equipment or parts sold or rented, or service work performed shall be used for business purpose only, and not for personal, family or household purpose. A service charge of up to $25.00 will be applied to each returned check. Account(s) 60 days old will be placed on C.O.D. This credit Application will be governed by the laws of the state in which the equipment is rented.
(C) PERSONAL GUARANTEE The individual by signing this credit application/agreement is executing this Application on behalf of Buyer and personally guarantees, and agrees to be personally liable for failure of the performance by Buyer of, any and all of Buyers' obligations under this Application with Precision Rentals LLC, including timely payment of any and all sums due to Precision Rentals LLC. The personal guarantee also applies in the event that the Buyer declares Bankruptcy or applies for Bankruptcy protection.
1. Nature of this Agreement. This agreement evidences a rental transaction and/or lease of equipment allowing the Customer to use those units or equipment identified on Front (Equipment) Customer acknowledges that the Equipment is owned by Lessor and no one other than Lessor may transfer or assign the Equipment or any rights or obligations under the Agreement. Any attempted transfer by aby party or person other than Lessor shall be null, void and of no effect. Neither Customer nor any Authorized Operators (as defined herein) are agents, employees, subcontractors, or in any way affiliated with Lessor. Except as expressly permitted and required hereunder, no one may service, repair, alter or modify the Equipment. No one may remove ant safety equipment, devices, or safeguards from the equipment, or remove, alter, disfigure or cover up any numbering, lettering or insignia displayed on the equipment. Customer will not permit any liens or encumbrances to attach to the equipment. Customer authorizes and permits Lessor to enter into any premises where the Equipment Is located and to inspect or maintain the Equipment at any reasonable time.
2. Who may operate the equipment Only the following “Authorized Operators” may operate the Equipment. Customer, Customers employer, or Customers employees in the course of his/her regular duties and responsibilities in the normal course of Customers business. All Authorized Operators must also: (i) be a minimum of 21 years old (25 years old if Equipment is a motor vehicle); (ii) be properly qualified to operate the Equipment described on the Front; (iii) have a valid license with respect to the Equipment where and as required by law, and (iv) be instructed in the safe operation of the equipment by the Customer.
3. Acceptance of the Equipment. Customer confirms that it has examined and accepted the Equipment upon its delivery to Costumer. CUSTOMER’S ACCEPTANCE OR USE OF THE EQUIPMENT WITHOUT PROMPT WRITTEN NOTICE T LESSOR THAT THE EQUIPMENT IS NOT IN GOOD MECHANICAL CONDITION CINSTITUTES CUSTOMER’S ACCEPTANCE OF THE EQUIPMENT AND ACKNOWLEDGEMENT THAT THE EQUIPMENT IS IN GOOD MECHANICAL CONDITION AT THE TIME OF DELIVERY. If, during the Customer’s possession of the Equipment, the Equipment is found by Customer not to be in good mechanical condition, as a result of conditions not the responsibility of the Customer, nor caused by the fault or negligence of Customer or Customer’s employees, subcontractors, or agent, Customer will so notify Lessor in writing and cease using the Equipment, whereupon Lessor will then, at its option and without any other liability or responsibility to the Customer: (i) REPAIR OR SUITABLY REPLACE THE EQUIPMENT WITHIN A REASONABLE TIME DURING THE NORMAL WORKING HOURS OF LESSOR, WITH THE COMMENCEMENT OR TERM OF THE AGREEMNENT TO BE TOLLED FOR THE PERIOD THE EQUIPMENT IS “UNUSABLE”, OR (ii) REMOVE THE EQUIPMENT AND TERMINATE THIS AGREEMENT AND REFUND PAYMENTS OF RENTAL CHARGES, IF ANY, FOR THE UNEXPIRED TERM OF THE AGREEMENT, LESS WHATEVER IS DUE LESSOR FOR DAMAGE TO OR MAINTENANCE OF EQUIPMENT WHICH IS THE RESPONSIBILITY OF CUSTOMER. CUSTOMER AGREES TO PROVIDE LESSOR FULL ACCESS TO THE EQUIPMENT TO REPRESENTATIVES OF LESSOR SO AS TO ENABLE LESSOR TO MEET ITS RESPONSIBILITIES HEREUNDER.
4. RENTAL CHARGES. Customer will pay Lessor all rental, time, mileage, service, transportation, refueling, and other charges in accordance with the Agreement, all direct and indirect sales, use, value-added, environmental fees and taxes, property fees and taxes, levies or surcharges (each, a “Tax”) imposed with respect to the Equipment and this Agreement, including all costs and legal fees in connection with collection or defense of an assessment of any Tax on Lessor. The basic daily, week and the 4-week rental will entitle Customer to a maximum of one-shift per day usage (maximum 8 hours per day, 40 hours per week, and 160 hours per 4-week period). Use in excess of one shift per day will be payable at the hourly rate or 3/16th of the daily charge, plus applicable Tax. Lessor will have a lien as allowed by law for charges incurred hereunder upon the premises and improvements upon which the Equipment is employed. Rentals are Freight on Board (FOB) at the Lessor’s location shown on the Front. Customer is responsible for shipping charges from the Lessor’s location to the Customer’s work site and return to Lessor’s location, and all loading, unloading, assembling and dismantling charges. All rates for rentals in excess of 4 weeks are subject to change with 30 days notice in writing to the Customer with respect to any portion of the rental period then remaining. If the Equipment includes motor vehicles, Customer’s use of such Equipment shall take place only in the United States or Canada (as applicable) and be limited to the number of miles or kilometers (as applicable) set forth on the Front.
5. CUSTOMER’S RESPONSIBILITIES. Customer must return Equipment to Lessor in the same good and clean condition it was in when Customer received it, ordinary wear excepted. The Equipment must be returned to Lessor on the due date and at the location specified on Front, or sooner if demanded by lessor. Until such time as Lessor receives actual possession of the Equipment, Customer agrees to hold said Equipment in a safe and secure manner. The Equipment will be kept only at Customer’s place of business or the job site at which the Equipment will be used. Prior to moving Equipment from the job site designated on Front, Customer will notify Lessor in writing of the intended new job site. The Equipment will be used at all times only in accordance with the manufacturer’s instruction and within its rated capacity and in accordance with all applicable laws, rules and regulations. CUSTOMER WILL PERFORM OR CAUSE TO BE PERFORMED AND PAY FOR NORMAL PERIODIC AND OTHER BASIC SERVICE, ADJUSTMENTS AND LUBRICATION OF THE EQUIPMENT. IF THE EQUIPMENT FAILS TO OPERATE PROPERLY OR NEEDS REPAIR, CUSTOMER WILL CEASE USE AND IMMEDIATELY NOTIFY LESSOR IN WRITING. IF THE EQUIPMENT IS USED IN ANY MANNER THAT WOULD VIOLATE THE AGREEMENT OR ANY RULE, LAW OR REGULATION, OR IS OBTAINED FROM LESSOR BY FRAUD OR MISREPRESENTATION, OR IS USED IN FURTHERANCE OF ANY ILLEGAL PURPOSE: (A) THE AGREEMENT WILL TERMINATE IMMEDIATELY AND LESSOR WILL BE ENTITLED TO PURSUE ALL REMEDIES PERMITTED HEREUNDER OR AVAILABLE AT LAW OR IN EQUITY; (B) THE CUSTOMER WILL BE LIABLE FOR ALL DAMAGES (INCLUDING WITHOUT LIMITATION INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, STRICT LIABILITY, EXEMPLARY, PUNITIVE AND ECONOMIC DAMAGES EVEN IF FORESEEABLE) FOR SUCH ACTS AND IN THE PLACE OF LESSOR; (C)THE CUSTOMER WILL INDEMNIFY LESSOR FROM ALL DAMAGES AND CLAIMS RESULTING THEREFROM; AND (D) ALL SUCH USE OF THE EQUIPMENT IS WITHOUT THE PERMISSOIN OF LESSOR.
6. REFUELING SERVICE CHARGE. Customer agrees to return the Equipment with full tank(s). If Customer fails to do so, Customer will pay to Lessor a sum equal to the then applicable refueling service charge of Lessor, posted at the Lessor’s locations for the amount of fuel required to refill the tank(s) at the time of return.
7. RISK OF LOSS. Subject to Section 11, all loss of or damage to the Equipment while on rental or in Customer’s care, possession, custody or control, whether exclusive or not, and whether or not due to the fault of the Customer, will be the sole responsibility of Customer and will be paid to Lessor immediately upon Customer’s receipt of an invoice. Such responsibility is limited to the manufacturer’s suggested list price (“MSLP”) as of the date of loss for a new and comparably equipped make and model to replace the lost or stolen Equipment (“Replacement Cost”), less its salvage value plus an administrative fee and all related expenses of Lessor. THE COST OF LABOR FOR SUCH REPAIRS WILL BE EITHER THE THEN PREVAILING HOURLY RATE FOR LABOR OF LESSOR, WHICH INCLUDES LOSS OF USE, POSTED AT THE LESSOR’S LOCATION WHERE THE EQUIPMENT IS TO BE REPAIRED, OR THE REPAIRER’S HOURLY RATE FOR LABOR CHARGED TO LESSOR FOR SUCH REPAIRS AS THE CASE MAY BE. Parts will be charged at the cost of Lessor plus a retail markup. Customer will also be responsible for the full rental rate as set forth in the Agreement until the Equipment is repaired or replaced.
8. EVENTS OF DEFAULT. Customer shall be in default of the Agreement if Customer: (a) fails to pay any amount when due, or (b) breaches any other term or condition of the Agreement, or (c) becomes insolvent or ceases to do business as a going concern, or (d) has a petition in bankruptcy filed by or against it, or (e) is in default pursuant to the provision of any other agreement by and between Customer and Lessor. Customer will be deemed to be in default if the Equipment is used: (i) in any fashion or manner for which the Equipment was not designed or intended or beyond the manufacturer’s rated capacity for the Equipment, (ii) to carry persons other than Authorized Operators or helpers employed by Customer, all of whom will ride only within the cab of the Equipment, and then only if such carriage is lawful, (iii) to transport property for hire unless Customer obtains all necessary permits and licenses, (iv) in violation of any law or ordinance, (v) in any race, test or contest, (vi) in a reckless, negligent or abusive manner or is intentionally damaged by Customer or with Customer’s permission, (vii) for the carrying or hauling of explosives, environmental waste, or other hazardous material, or (viii) to carry persons for hire.
9. REMEDIES OF LESSOR. In case of default by Customer, or if Lessor deems itself under-secured or without adequate protection: (A) Lessor may peaceably enter the property where the Equipment is located and render it inoperative, repossess it or remove same without process of law or notice (both of which are expressly waived by Customer), and Customer agrees to permit entry and authorizes such action by Lessor; (B) Lessor may also terminate the Agreement without notice to Customer or prejudice to any remedies, rights or claims which Lessor might otherwise have under the Agreement or at law in equity; (C) Customer will pay Lessor a sum equal to the balance of the rent and other payments called for hereunder for the remainder of the rental terms liquidated damages, and Customer agrees that such damages are not a penalty but a genuine pre-estimeat of damages; (D) Customer will remain liable for the Equipment of for any loss or injury to the Equipment, persons, or property, notwithstanding such termination; (E) Customer will be responsible for all actual and reasonable collection, enforcement, legal, and other costs and expenses; (F) Lessor is authorized and permitted by Customer to take such steps which Lessor reasonably deems necessary to recover the Equipment, if the Equipment is not returned on the date specified on the Front or sooner as permitted by the terms of the Agreement’ and (G) Customer agrees to pay default interest of 18% per annum (or the daily equivalent thereof) or the maximum interest rate aloud by applicable law (“Default Rate”) on all amounts due and owing from the date of default through the date on which such amounts are paid. Lessor’s remedies are cumulative, and in addition to any other remedy available to Lessor at law or in equity. All remedies survive the termination of all Agreement, and Lessor’s exercise, partial exercise, delay, or failure to exercise will not be deemed to be a waiver thereof.
10. CUSTOMER’S INSURANCE OBLIGATIONS. (a) Commercial general Liability and Automobile Liability Insurance. Customer will, at its own expense and at all times during the term of the Agreement, maintain in force separate Commercial General Liability and Automobile Liability insurance policies with a combined single limit per occurrence for bodily injury, including death, personal injury and/or property damage of at least $1,000,000 (or as may otherwise accepted in writing by the Lessor) for each policy on a primary, and not excess or contributory basis, for Customer’s liability for damages sustained by any person as a result of the maintenance, use, operation, possession, storage, erection, dismantling, servicing or transportation of the Equipment. Customer, its agents and employees will cooperate fully with Lessor and Customer’s Insurer in any claim or suit arising therefrom and will do nothing to impair or invalidate the applicable insurance coverage. Customer’s fulfillment of its insurance obligation hereunder will not in any way limit the liability of Customer hereunder. (b) Property insurance (Equipment). Customer will, at its own expense, and at all times during the term of the Agreement, maintain in force Property insurance in an amount adequate to cover any damage to, or loss of, the Equipment. Customer’s policy must expressly cover non-owned Equipment while in Customer’s care, custody and control. (c) Worker’s Compensation insurance. Customer will maintain statutory worker’s compensation insurance as required by law. (d) Customer will furnish Lessor a Certificate of insurance evidencing each of the foregoing insurance requirements and endorsed to provide that such insurance may not be cancelled or materially modified except on 30 days notice to Lessor. If Customer does not accept Limited Damage Waiver, as noted in Section 11 below, Customer must provide a Certificate of insurance acceptable to Lessor. All required Certificates of Insurance must name Lessor as Additional insured and Loss Payee, and shall include a waiver of subrogation of recovery in favor to Lessor. The amount, terms and condition of the insurance required must be reasonably acceptable to Lessor. Customer agrees to abide by all of the terms and conditions of all such insurance. The acceptance by Lessor of Customer’s Certificate of Insurance will not be deemed as waiver or modification of Customer’s insurance, indemnity or any other obligation under the Agreement.
11. INDEMNITY. CUSTOMER HEREBY AGREES TO BE LIABLE FOR AND TO DEFEND, INDEMNIFY AND HOLD HARMLESS LESSOR, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (COLLECTIVELY, “INDEMNITEES”), FROM AND AGAINST ALL INJURY, LOSS, DAMAGE, LIABILITY, CLAIM, ACTION, OR EXPENSE (INCLUDING LEGAL FEES AND COSTS), WHETHER IN RELATION TO THE EQUIPMENT OR ANY PERSON OR PROPERTY, OR WHETHER CAUSED BY THE NEGLIGENCE OR FAULT OF INDEMNITEES (COLLECTIVELY, “CLAIMS”), ARISING OUT OF ANY OF THE FOLLOWING: (A) ANY LIENS OR ENCUMBRANCES PERMITTED BY CUSTOMER TO BE ATTACHED TO THE EQUIPMENT; (B )ANY ACTUAL OR ALLEGED VIOLATION BY CUSTOMER OR ANY AUTHORIZED OPERATOR OR ANY PERSON FOR WHOM CUSTOMER IS RESPONSIBLE AT LAW OF ANY LAW, REGULATION OR REQUIREMENT AFFECTING THE EQUIPMENT OR ITS USE, OPERATION, OR TRANSPORTATION; (C) THE MAINTENANCE, USE, POSSESSION, OPERATION, DISMANTLING, SERVICEING OR TRANSPORTATION OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION AND BODILY OR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE SUSTAINED BY ANY PERSON AS A RESULT OF ANY OT THE FOREGOING; (D) ANY FAILURE BY CUSTOMER OR ANY AUTHORIZED OPERATOR OR ANY PERSON FOR WHOM CUSTOMER IS RESPONSIBLE AT LAW TO COMPLY WITH THE TERMS OF THIS AGREEMENT; (E) ANY PROPERTY LEFT, STORED, LOADED OR TRANSPORTED BY CUSTOMER OR ANY OTHER PERSON IN OR UPON THE EQUIPMENT; (F) TAXES IMPOSED OR ASSESSED AGAINST LESSOR THAT ARE PAYABLE HEREUNDER BY CUSTOMER; OR (G) ANY ACT, OMISSION OR NEGLIGENCE OF CUSTOMER (OR ITS EMPOLYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES), ANY AUTHORIZED OPERATOR, ANY PERSON FOR WHOM CUSTOMER IS RESPONSIBLE AT LAW OR ANY PERSON OR ENTITY COMING INTO CONTACT WITH THE EQUIPMENT WHILE UNDER THE USE, POSSESSION OR CONTROL OF CUSTOMER. ACCEPTANCE OF THE LIMITED DAMAGE WAIVER PURSUANT TO SECTION 11, AND THE INSURANCE REQUIREMENTS IN SECTION 10, AND THE PERFORMANCE OF THE CUSTOMER OF ITS OBLIGATIONS UNDER SUCH SECTIONS SHALL NOT RELEIVE CUSTOMER OF ANY LIABILITY UNDER THE INDEMNITY PROVISIONS SET FORTH ABOVE. Customer and all Authorized Operators hereby assume all risk of loss or damage and waive all Claims against Lessor for any reason whatsoever, including without limitation any Claims sounding in strict or environmental liability, Claims that Customer may suffer or incur as a result of this Agreement or its use of the Equipment, and Claims that Customer has or may in the future have against indemnitees arising out of or related to this agreement or use of the Equipment.
12. NOTICE OF LOSS OR ACCIDENT. In the event of accident, loss, theft or damage to the Equipment, Customer agrees to notify Lessor immediately by telephone, and thereafter to immediately report in writing to Lessor and the public authorities (where required by law or by Lessor) all information deemed relevant thereto by Lessor. Customer will cause its agents, subcontractors, and employees to give Lessors and the public authorities all relevant information and assistance in any matter to said accident, loss, theft or damage.
13. FORCE MAJEURE. Any failure of performance by Lessor due to causes beyond the reasonable control of Lessor will not be determined to be a default by Lessor.
14. LATE PAYMENT FEE AND INTEREST ON OVERDUE AMOUNTS. All payments and other amounts due under the Agreement will be subject to an administrative late charge of the lesser of 1.5% of the amount not timely paid for each month or portion of a month in which such amounts remain due and owing (being 18% per annum), or the maximum amount permitted by applicable law. The administrative late charge will be applicable for each month or portion thereof that past due amounts remain unpaid, until such time as the Default Rate (as defined in Section 9G) is assessed in Lessor’s discretion. Any check returned without payment for any reason constitutes a default of this Agreement and Customer will be charged a fee of $35. The acceptance of any payment will not be interpreted as a waiver or compromise by the Lessor of its right to require payment in full of the amount due, plus interest and costs.
16. MERGER/MODIFICATION/SEVERABILITY/GOVERNING LAW/CONFLICTING AGREEMENTS. The Agreement (including the Front and the entire Credit Application) expresses the entire agreement between the parties with respect to the subject matter hereof. No change, modification or alteration of the terms hereof will be effective as against Lessor unless it is in writing and signed by a duty authorized officer or agent of Lessor. Customer’s execution of this instrument and /or acceptance of delivery of any part of the Equipment shall constitute Customer’s acceptance of all of the terms and conditions contained herein, and the exclusion of any terms and conditions otherwise stated by Customer or contained in any of Customer’s document that conflict with or limit the terms contained herein. The Agreement shall be governed and construed by the laws of the state of Arizona, without regard to its conflicts of laws principles. Customer consents to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona. If any provision of this Agreement is held invalid or unenforceable, such provision or invalid portion thereof shall be stricken solely to the extent of its invalidity and the remainder of this Agreement shall not be affected. In the event of a conflict between the terms of this Agreement and the terms of any other agreement between Lessor and Customer, the provisions of this Agreement shall control.
17. ARBITRATION: CLASS ACTION WAIVER. AT THE ELECTION OF THE LESSOR, ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS AGEEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF INJURY OR DAMAGE TO PERSON OR PROPERTY, SHALL BE RESOLVED BY ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED EITHER THROUGH THE AMERICAN ARBITRATION ASSOCIATION, THE INTERNATIONAL INSTITUTION FOR CONFLICT PREVETNTION AND RESOLUTION, OR THE JUDICIAL ARBITRATION AND MEDIATION SERVICE IN ACCORDANCE WITH RULES AND PROCEDURES OF THE SELECTED ORGANIZATION THAT ARE IN EFFECT AT THE TIME OF THE ARBITRATION DEMAND. JUDGEMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTIION. LITIGATION AND/OR ARBITRATION BETWEEN THE PARTITES MUST BE ON AN INDIVIDUAL BASIS. EACH PARTY HEREBY WAIVES AND FOREVER SURRENDERS ANY RIGHT TO FILE, BRING, BECOME A CLASS MEMBER IN, OR RECOVER THROUGH A CLASS ACTION. THIS MEANS NEITHER LESSOR NOR LESSEE MAY JOIN OR CONSILIDATE CLAIMS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS AGREEMENT AS A REPESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
18. LIMITED WARRANTY. LESSOR DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION (I) ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (II) ALL OBLIGATIONS OR LIABILITY OF THE PART OF LESSOR TO CUSTOMER FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE RENTING, MAINTENANCE, USE OPERATION, RETENTION, ENTRUSTMENT, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF THE EQUIPMENT.
19. Assumption of Risk. THE EQUIPMENT IS, BY VIRTUE OF ITS SIZE, INTENDED USE AND NATURE, POTENTIALLY AND/OR INHERENTLY DANGEROUS. OPERATION OF THE EQUIPMENT WILL EXPOSE THE CUSTOMER, AUTHORIZED OPERATORS AND THOSE IN PROXIMITY TO THE EQUIPMENT (“PERSONS AT RISK”) TO RISK. THESE RISKS, INCLUDING SERIOUS BODILY INJURY, DISMEMBERMENT AND/OR DEATH, CANNOT BE COMPLETELY IDENTIFIED, MINIMIZED, PREVENTED OR ELIMINATED. CUSTOMER, ON BEHALF OF ITSELF AND ALL PERSONS AT RISK, ACCEPTS AND FULLY ASSUMES ANY AND ALL RISKS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, DISABILITY, PROPERTY DAMAGE OR LOSS RESULTING FROM OPERATION OF THE EQUIPMENT. ADDITIONALLY, THE CUSTOMER ACKNOWLEDGES THAT, AT THE TIME OF DELIVERY, SAID EQUIPMENT WAS DELIVERED WITH: (A) ALL MANUFACTURER’S WARNING LABELS; (B) ALL ATTACHED/EMBEDDED SAFETY EQUIPMENT OPERATIONAL AND FUNCTIONING AS INTENDED BY THE MANUFACTURER; AND (C) ALL MANUFACTURER’S MANUALS, PERTINENT SAFETY INFORMATION, AND WITH AN EQUIPMENT-SPECIFIC LIST OF SAFETY AND OPERATION INSTRUCTIONS. CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES TO COMPLY (AT ITS SOLE EXPENSE) WITH AND PROVIDE ALL NECESSARY EQUIPMENT TO COMPLY WITH ALL APPLICABLE OSHA, MSHA, ANSI, DOT, AND LOCAL, STATE, AND FEDERAL LAWS, RULES, AND REGULATIONS, INCLUDING WITHOUT LIMITATION, THOSE AFFECTING THE EQUIPMENT AND ITS USE, OPERATION, POSSESSION, MAINTENANCE, DISMANTLING, SERVICING, ERECTION, DESIGN AND TRANSPORTATION, AND THOSE REGULATIONS DESIGNED TO PREVENT FALLS, TRENCH OR SCAFFOLDING COLLAPSE, ELECTRIC SHOCK, ARC, OR FLASH/ARC BLAST, INJURIES RESULTING FROM THE USE OF PROPER PERSONAL PROTECTIVE EQUIPMENT (HARNESSES, EYEWEAR, HELMETS, ETC.), CONTACT WITH DANGEROUS SURROUNDINGS SUCH AS POWER LINES AND HAZARDOUS MATERIALS.
13152 W. Butler Dr.
El Mirage, AZ 85335
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