Terms and Conditions
Between Texas Trinity Enterprises, LLC, herein also referred to as Lessor, and the Company / Individual referred to on the reverse side of this contract, herein referred to as the Lessee. These Terms and Conditions cover both the Rental of Equipment as well as Sales of Products, where Sales shall include all other business not covered by Equipment Rentals, such as Service, Deliveries, Fuel, etc.
1. The Lessor hereby leases to the Lessee, and the Lessee hereby leases from the Lessor, any products or services, subject to the terms and conditions set forth herein. The words "products" and "equipment", as well as "lease" and "rental", are used synonymously.
2. All Lessee will have payment due immediately upon transaction, and Lessee authorizes Lessor to charge any credit/debit cards on file which Lessee is an agent for or pledged as security on Lessees behalf, for ANY deposits, deliveries, sales, rentals, repairs, fuel, cancellation, lost or damaged equipment or related costs incurred and to use same credit cards to pay any account balances, in full or in part, which has any invoice past the agreed payment terms for past, current or future transactions;
3. The daily, weekly and monthly rate quoted, unless otherwise noted, will be based on maximum usage of eight (8) hours per day; forty (40) hours per week; or one hundred sixty (160) hours per month; all use in excess thereof, and all transportation, fuel, theft, damage charges and related charges shall be paid by lessee in addition to the aforementioned rental. Monthly rentals are calculated as 4 weeks or 28 days.
4. Lessee shall furnish, at Lessee's own expense, all fuel, lubricants, etc., and shall employ competent and experienced operators to operate, maintain, load and unload said products, under all conditions, and shall be responsible for any and all loss or damage thereto occasioned thereby. LESSOR ONLY LOADS OR UNLOADS ON LESSOR'S OWN DELIVERY VEHICLES. If Lessor, or its agents, assist Lessee in loading or unloading any equipment, Lessee agrees to assume the risk of, and hold Lessor and its agents harmless for any property damage including damage to Lessor's equipment, or personal injuries, including damage attributable to the negligence or recklessness of the Lessor or its agents.
5. Title to the rented property is, and at all times, shall remain in the Lessor. Only the parties hereto, and those other persons whose name are listed on the reverse side are authorized to use the property and Lessee will not permit the property to be used by any other person or address other than the designated address on the reverse side without consent from the Lessor. Lessor shall be permitted to remove its product at any time in the event the Lessee shall fail or refuse to comply with any terms or conditions of this contract and Lessor and his agents shall not be liable for any claims for damage or trespass arising out of the removal of said product
6. Lessee agrees to maintain the product at Lessee's own expense, except for normal wear and tear, and in the case of a failure agrees to notify lessor immediately and not to operate or permit said product to be operated by another. Lessee is solely responsible for all other damage which includes, without limitation, theft, disappearance, damage due to overloading or exceeding rated capacities, nonstandard use, overturning, tire/track damage, glass damage, and transportation or operation without required or recommended coolants, lubricants, fluids, air pressure levels, supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents, and intentional damage. Lessor shall not be liable for unauthorized repairs or parts for said products.
7. The Lessor shall not be liable for delays caused by weather, acts of God, strikes, breakdowns, or conditions beyond its control.
8. The product will be examined by Lessee and found to be in first class condition at time of acceptance, unless otherwise noted by the Lessor, and the Lessee agrees to return said product to the Lessor in like condition. All rental returns are subject to a full shop inspection by Lessor, for damages or missing items, which may be carried out post return and after Lessee or Lessee's agent has already signed a return ticket; cleaning, fuel, and other charges may apply if not returned in like condition.
9. Lessee is required to always carry adequate insurance coverage at their own expense for the product leased and to provide Lessor a current and valid Certificate of Insurance naming the Lessor as loss payee. Lack of such policy on file with Lessor is not an indication of a different agreement.
10. Lessee agrees to safely use the equipment in accordance with all laws and regulations and assumes all liability and indemnifies and holds the Lessor harmless as to ALL court costs, attorney costs, fines, penalties, tickets, tolls, personal injury, negligence, loss, property damage, accident, product liability claims or any other claims in relation to items leased, sold, repaired, or handled by the Lessor. If Lessor incurs or pays any money due to any claims listed above, Lessee will immediately reimburse Lessor for any such costs incurred.
11. Lessee will be invoiced and required to immediately pay for the loss of product leased or purchased, whether through theft, negligence, misuse or any other means, the item(s) shall be invoiced at the current list/retail cost so designated by the Lessor upon report of the loss.
12. The signatory on the front of this contract, representing the Lessee, shall personally stand as guarantor of payment in the event of default or bankruptcy on any credit extended by the Lessor for any and all monies due and owing.
13. All terms and conditions of this contract are contained herein and No Warranty or Guarantee not herein specifically contained in writing concerning said product shall be binding upon Lessor, unless in writing, signed by an officer of Texas Trinity Trust, LLC.
14. Lessee understands these are Lessor's standard terms and agrees that these terms, unless changed by Lessor, may be used for all future business with Lessee.
15. Lessor will not make a refund on any items out over thirty (30) minutes. Lessor may, at his sole discretion, report the rental property stolen if held three (3) days beyond "due date".