LEASE/RENTAL AGREEMENT TERMS & CONDITIONS
Please Read Carefully. You Are Liable For Our Equipment From The Time It Leaves Our Premises Until the Time It is Returned To Us
and We Sign For Them.
1. Indemnity. Lessee/Renter (hereinafter designated as “You” or “Your”) agree to defend, indemnify, and hold 3rd Coast Engineering , its parent, subsidiary and affiliated companies and their owners, officers, and employees (hereinafter designated as “Us” or “We” or “Our”) harmless from and against any and all claims, actions, causes of action, demands, rights, damages of any kind, costs, loss of profit, expenses and compensation whatsoever including court costs and reasonable attorney fees (“Claims”), in any way arising from, or in connection with, the Vehicles and Equipment rented/leased (which vehicles and equipment, together, are referred to in this document as “Equipment”), including, without limitation, as a result of its use, maintenance, or possession, irrespective of the cause of the Claim, including the active or passive negligence of Us, except as the result of Our sole negligence or willful misconduct, from the time the Equipment leaves Our place of business when You rent/lease it until the Equipment is returned to Us.
2. Rental Period. The first rental day of the contract begins on the date listed on your rental invoice as “Pick Up”. The last rental day is the day prior to the date on
which the equipment is returned, if the equipment is returned before 2:00 PM. Equipment returned after 2:00 PM is subject to an additional day’s rental charge. The
amount of the daily rental charges are set forth on your attached rental invoice. Weekly rates are extended to reflect a one-week charge, and are used for budgetary
purposes only. The actual number of weeks charged would be for the number of weeks the equipment is in the Lessee’s possession. This period terminates not on the
“Return” date indicated on your rental invoice, but rather on the date of the equipment’s physical return to us, indicated by “Date In & Time In” on rental invoice.
3. Return of Equipment. The acceptance of the return of leased equipment is not a waiver of claims we may have against the you, nor is it a waiver of
claims for latent or patent damage to the leased equipment.
4. Loss of or Damage to Equipment. You are responsible for loss, damage or destruction of the Equipment, including but not limited to losses while in transit, while
loading and unloading, while at any and all locations, while in storage, while on Your premises, and while being used by You in any manner whatsoever, including
damage or destruction of the Equipment caused by the active or passive negligence of Us, except that You are not responsible for damage to or loss of the Equipment
caused by Our sole negligence or willful misconduct. You are also responsible for actual and verifiable loss of use and You shall fully compensate Us for the loss of use
of the Equipment during the time it is being repaired or replaced, as applicable. Customer is responsible for all damage to Equipment from any cause whatsoever incurred while in possession of Equipment. 3rd Coast will inspect all Equipment returned from Customer and will notify Customer of any charges within 48 hours of Job End. 3rd Coast Technician on-site during Job does/may not release Customer from damaged Equipment liability. Customer is responsible for the equipment damages caused by their attendees at Job.
5. Protection of Others. You will take reasonable precautions in regard to the use of the Equipment to protect all persons and property from injury or damage. The
Equipment shall be used only by Your employees or agents qualified to use the Equipment.
6. Equipment in Working Order. We have tested the Equipment in accordance with reasonable industry standards and found it to be in working order immediately
prior to the inception of this Agreement, and to the extent You have disclosed to Us all of the intended uses of the Equipment, it is fit for its intended purpose. Other
than what is set forth herein, You acknowledge that the Equipment is rented/leased without warranty, or guarantee, except as required by law or otherwise specifically
agreed upon in writing by the parties at the inception of this Agreement.
7. Property Insurance. You shall, at Your own expense, maintain at all times during the term of this Agreement, all risk perils property insurance (“Property
Insurance”), covering the Equipment from all sources (Equipment Rental Floater or Production Package Policy) including coverage for, without limitation, (i) theft by
force (ii) theft by fraudulent scheme and/or “voluntary parting” (iii) mysterious disappearance (iv) theft from unattended vehicles (v) loss of use of the Equipment, from
the time the Equipment is picked up by You or a shipper at Our place of business or placed upon a common carrier for forwarding to You, as applicable, until the
Equipment is returned to and accepted by Us. Policies with locked vehicle warranties, unattended vehicle exclusions or any other limitations on theft from vehicles are
not acceptable. The Property Insurance shall be on a worldwide basis and name Us as the loss payee with respect to the Equipment and shall cover all risks of loss of,
or damage or destruction to, the Equipment. The Property Insurance coverage shall be sufficient to cover the Equipment at its replacement value but shall, in no event,
be less than $20,000. The Property Insurance shall be primary coverage over Our insurance. A copy of the Property Risk insurance policy, including the declarations
pages and the specific endorsement naming Us as an additional insured will be provided to Us on Our request.
8. Liability Insurance. You shall, at your own expense, maintain commercial general liability insurance (“Liability Insurance”), including coverage for the
operations of independent contractors and standard contractual liability coverage. The Liability Insurance shall name Us as an additional insured and provide that said
insurance is primary coverage. Such insurance shall remain in effect during the course of this Agreement, and shall include, without limitation, the following
coverages: standard contractual liability, personal injury liability, completed operations, and product liability. The Liability Insurance shall provide general liability
aggregate limits of not less than $2,000,000 (including the coverage specified above) and not less than $1,000,000 per occurrence. A copy of the Liability Insurance
policy, including the declarations pages and the specific endorsement naming Us as an additional insured will be provided to Us on Our request.
9. Valuation of Loss/Our Liability is Limited . Unless otherwise agreed in writing, You shall be responsible to Us for the replacement cost value or repair cost of the
Equipment (if the Equipment can be restored, by repair, to its pre-loss condition) whichever is less. If there is a reason to believe a theft has occurred, You shall file a
police report. Loss of use shall be calculated at the rental rate provided for in this Agreement. Accrued rental charges shall not be applied against the purchase price or
cost of repair of the lost, stolen or damaged Equipment. In the event of loss for which We are responsible, Our liability will be limited to the contract price and We
will, in no event, be liable for any consequential, special or incidental damages.
10. Identity. We will have the right to place and maintain on the exterior or interior of each piece of property covered by this Agreement with the following inscription:
Property of 3rd Coast Engineering. You will not remove, obscure, or deface the inscription or permit any other person to do so.
11. Return: Upon the expiration date of this Agreement with respect to any or all Equipment, You will return the property to Us, together with all accessories, free
from all damage and in the same condition and appearance as when received by You.
12. LOSS AND UNRETURNED EQUIPMENT: Customer is responsible for loss from any cause whatsoever incurred while in possession of Equipment, including theft. Failure to return Equipment per agreement terms with no communication from the Customer after 24 hours of Job End Date, will void this Agreement and Equipment shall be considered stolen goods, prosecutable in accordance with Wisconsin State Law. Customer credit card on file can be charged for Equipment @ MSRP. Customer is responsible for all costs associated in recovering missing Equipment, or cost of Equipment, included but not limited to cost associated with: repossession, legal fees, and collections.
13. APPLICABLE LAW: This Agreement will be deemed to be executed and delivered in Milwaukee, Wisconsin, and governed by the laws of the State of Wisconsin.
14. FACSIMILE/SCANNED SIGNATURE: This Agreement may be executed in counterparts and by facsimile signature or signature that is scanned and transmitted by e-mail;
such forms of signature shall be deemed to be original and fully binding.
15. EQUIPMENT OPERATION BY CUSTOMER: Customer agrees to be available to receive operational instructions from 3rd Coast at time of pickup or delivery and to take possession of Equipment only upon full understanding of Equipment operation. Customer agrees to inform 3rd Coast when using Equipment outdoors and follow any specific instructions regarding outdoor use. Customer agrees to notify 3rd Coast when taking equipment outside of SE Wisconsin Area (Counties of Milwaukee, Racine, Kenosha, Washington, Waukesha, Ozaukee). Customer agrees not to expose Equipment to harsh conditions including but not limited to: dust, sand, moisture, extended direct sunlight or heat sources. Customer agrees to use care in handling Equipment including placing Equipment on secure, level surfaces; properly securing cables to prevent tripping and accidental power down; and securing Equipment for safe and secure transportation and storage. Labor fees for dispatching a technical support rep may apply if Equipment is found to be reconfigured after it left 3rd Coast’s possession or Customer did not make best efforts to follow steps outlined on provided documentation and/or instructions provided during the technical support telephone call. Cleaning fees and or damage charge may be incurred if evidence of exposure to harsh conditions exists upon Equipment return.
16. LABOR CHARGES: Labor charges on the Job, if applicable, are estimates based on 3rd Coast’s understanding of the event and Job requirements. Labor charges are subject to modification if the Job requirements deviate from the original agreement.
17. AGENT: Customer may assign an Agent over the age of 18 to act for the Customer to pickup, receive, drop off, setup or operate Equipment. Customer agrees to notify 3rd Coast in writing/email when assigning an Agent to pickup or receive Equipment. Customer agrees to inform Agent of their responsibilities under this agreement including but not limited to their time availability, receiving instruction, proper Equipment operation and Equipment pickup and/or return time. Use of an Agent does not limit Customer responsibilities under this Agreement in any way.
18. PAYMENT: 3rd Coast standard policy is to reserve Equipment for Customer by charging 100% of the Job total to Customer credit card. Other payment methods and terms are subject to ProAV approval. Outstanding balances at Job End Date will be charged to Customer credit card on file. Outstanding balances may arise from these or other events: extended rental time, damaged Equipment, missing items, Labor overtime or additional Equipment added to Job after Start Date. Customer agrees to pay any and all court costs, attorney fees, and any other collection costs related to unpaid balances.
19. CANCELLATIONS: Orders canceled before 12pm one business day prior to Job Start Date may be subject to a cancellation charge up to 50%. Cancellation after 12pm the day prior to Job Start Date, is subject up to 100% charge of the first day rental. Cancellations due to acts of God (illness, death, weather, etc) will be charged only actual costs incurred by ProAV if the Job is rescheduled within 3 months. If Job is not rescheduled, a service charge of 25% of the Job total or the actual costs incurred by 3rd Coast plus 25% of the Job total will be incurred.
20. REFUNDS: Refunds are limited to the value of the rented items herein. Customer discharges 3rd Coast from liability or damages in excess of the rental amount in the event of Equipment failure or unavailability. Customer is responsible for immediately notifying 3rd Coast at 262-399-8811 of any Equipment malfunction or related operational problems in order for any price adjustment to be considered. 3rd Coast provides free 24/7 telephone tech support and will make every effort to immediately replace Equipment that is malfunctioning.
DELIVERY, SETUP, OPERATION AND PICKUP BY 3rd Coast: If applicable, Customer agrees to be available during the Delivery/Setup and Pickup Time window described on Job. Re-delivery or re-pickup due to Customer not being present for delivery or pickup is subject to additional delivery charges. Customer is responsible for 3rd Coast’s safe and open access to the Job location for delivery, setup, operation and breakdown tasks.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
ACKNOWLEDGED AND AGREED TO BY AUTHORIZED REPRESENTATIVE:
3rd Coast Engineering Representitive: ________________________________________________________
PickUp Date: _____________________________________ Return Date: _______________________________
COPY OF ID & CC: