Agreement Terms and Conditions for renting a trailer from DFW Motorcycle Trailer Rentals
The following are the terms and conditions of a James O. Thomas dba DFW Motorcycle Trailer Rentals rental agreement. It shall not be construed as a purchase and sale agreement for the Rental Equipment or provide customer with any option to purchase the Rental Equipment. For the purpose of this Rental Agreement, “DFW Motorcycle Trailer Rentals” shall mean the Owner of the Rental Equipment, its owners, officers, directors, shareholders, and employees, and “Customer” shall mean Customer, its agents and/or employees in consideration of hiring of the equipment (herein “the rental equipment or equipment”) described on the front of the Rental Agreement it is agreed as follows:
1. Indemnity/hold harmless. Customer will take all necessary precautions regarding the equipment rented, and protect all persons and property from injury or damage. Customer agrees to hold harmless DFW Motorcycle Trailer Rentals from and against any and all liability, claims, judgments, attorneys’ fees and costs, of every kind and nature, including, but not limited, to injuries or death to persons and damage to property, arising out of the use, maintenance, instruction, operation, possession, ownership or rental of the equipment rented, however caused.
2. Assumption of risk/release-discharge of liability. Customer is fully aware and acknowledges there is a risk of injury or damage arising out of the use or operation of the equipment rented hereunder and hereby elects to voluntarily enter into this rental agreement and assume all of the above risks of injury or damage. Customer agrees to release and discharge DFW Motorcycle Trailer Rentals from any and all responsibility or liability from such injury or damage arising out of the use or operation of the equipment; and customer further agrees to waive, release and discharge any and all claims for injury or damage against DFW Motorcycle Trailer Rentals which customer otherwise may be entitled to assert.
3. OPERATORS. No operators are furnished, directly or indirectly with our equipment.
4. ACCIDENT REPORTING. In the event of an occurrence in connection with the equipment which causes damage to the equipment, or any other property damage or personal injury, Customer shall immediately stop using said equipment, secure it to maintain its condition as at the time of occurrence, and shall immediately inform DFW Motorcycle Trailer Rentals of the occurrence. Customer shall cooperate with DFW Motorcycle Trailer Rentals in obtaining names of witnesses of the occurrence and such other information pertinent therein.
5. RECEIPT/INSPECTION OF EQUIPMENT. Customer hires the equipment on an “as is” basis. Customer acknowledges that he has, or will, personally inspect the equipment prior to its use and finds it suitable for Customer’s needs. Customer acknowledges receipt of all items listed in this Rental Agreement and that the equipment is in good working order and repair and that Customer understands (without further instructions) its proper operation and use.
6. POSSESSION/TITLE. Customer’s right to possession of the equipment begins upon equipment leaving DFW Motorcycle Trailer Rentals and terminates on the return of the equipment to DFW Motorcycle Trailer Rentals as provided for herein. Time is of the essence of this Rental Agreement. Title to the equipment is and shall remain in DFW Motorcycle Trailer Rentals. If the equipment is not returned and/or levied upon for any reason whatsoever, DFW Motorcycle Trailer Rentals may retake said equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Customer hereby agrees to indemnify, defend and hold DFW Motorcycle Trailer Rentals harmless from any and all claims and costs arising from such retaking and/or levy. If equipment is levied upon, Customer shall notify DFW Motorcycle Trailer Rentals immediately.
7. RENTAL PERIOD/RATE/PAYMENT. Rental charges begin immediately upon receipt of the equipment. Rental charges end upon return of the equipment to DFW Motorcycle Trailer Rentals in an acceptable condition on the due date between 9:00am and 6:00pm Monday through Friday. No allowance will be made for Saturdays, Sundays, Holidays, or time in transit, nor for any period of time the equipment may not be in actual use while in Customer’s possession. If the equipment is returned prior to the end of the minimum rental period, the rental shall be for the entire rental period. No discounts for early return of equipment. DFW Motorcycle Trailer Rentals may terminate rental at anytime and retake the equipment without further notice in case of violation by the Customer of any terms or conditions of this Rental Agreement. Customer agrees to pay any collection costs and attorney fees incurred in collection of this account or any dispute arising out of this Rental Agreement. Customer agrees to pay a service charge on all rentals exceeding the agreed upon reservation. A late fee of 150% of the daily rental will be charged and accrue daily until the rental is again in possession of DFW Motorcycle Trailer Rentals
8. CUSTOMER HAS RISK OF LOSS/ORDINARY WEAR AND TEAR. From the date Customer shall take possession of each item of equipment, such date being entered by DFW Motorcycle Trailer Rentals on the front of the Agreement, and until such item shall be returned to DFW Motorcycle Trailer Rentals, Customer shall bear all risk of loss of the item resulting from all causes. Customer shall be responsible for all damage not caused from ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of equipment by paint, mud, plaster, concrete, rosin or any other material. An item of equipment shall be “lost” when the cost of repair equals or exceeds the amount necessary to replace the item with a new item of equipment equivalent in the discretion of DFW Motorcycle Trailer Rentals, with the item which was lost (the “Replacement Cost”). “Lost” shall also mean total loss, either by destruction, theft, misplacement, or other means. If an item of equipment is lost, Customer shall, on demand, pay to DFW Motorcycle Trailer Rentals funds equivalent to the Replacement Cost of the item which was lost. If an item is damaged to an extent that the item has not been “lost”, Customer shall on demand, pay to DFW Motorcycle Trailer Rentals all repair charges, including parts and labor, at DFW Motorcycle Trailer Rental’s standard rates or the rates by any other repair shop, selected by DFW Motorcycle Trailer Rentals should DFW Motorcycle Trailer Rentals
elect to have the item repaired elsewhere. In either event, whether an item be lost or damaged, Customer shall notify DFW Motorcycle Trailer Rentals within twenty-four (24) hours after such loss or damage. In the case of a lost item, the rental charges shall continue to accrue until full payment as required herein is made by Customer, where equipment has been damaged, the rental charges shall cease to accrue upon return of the item to DFW Motorcycle Trailer Rentals
or to another repair shop selected by DFW Motorcycle Trailer Rentals as applicable. Customer is responsible for any repair or replacement of tires due to loss or damage beyond normal wear inherent in the use of the equipment. This will include up to the full replacement cost of said tires and tubes.
9. INSURANCE REQUIREMENTS. Customer shall cause each item of equipment rented from DFW Motorcycle Trailer Rentals to be covered by a property casualty insurance policy issued by an insurance company with a rating of AA or better in Best’s Insurance Guide. Said policy shall be sufficient to fund the obligations of Customer under Section 8 to pay for damage to any item should an item be damaged and to pay for the replacement cost of the item should an item be lost. DFW Motorcycle Trailer Rentals may require Customer to provide proof of insurance.
10. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Customer agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Customer agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the equipment during the rental period. Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising from his use of the equipment, including any subsequently determined to be due. Customer shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety equipment required, to operate the equipment or use the equipment. Customer shall not allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without DFW Motorcycle Trailer Rental’s prior written permission; or, allow a lien to be placed upon the equipment. Customer agrees to tires, air pressure, clean and visually inspect the equipment at least daily and to immediately discontinue use and notify DFW Motorcycle Trailer Rentals when equipment is found to need repair or maintenance is not properly functioning. Customer acknowledges DFW Motorcycle Trailer Rentals has no responsibility to inspect the equipment while it is in Customer’s possession.
11. RETURN OF EQUIPMENT. Customer agrees to return to DFW Motorcycle Trailer Rentals the equipment in as good condition as when received, ordinary wear and tear excepted by Rental Agreement Agreed Return Date. Customer shall be liable for all damages to or loss of the equipment and liability incurred prior to equipment’s return to DFW Motorcycle Trailer Rentals. Customer shall be responsible for all costs incurred by DFW Motorcycle Trailer Rentals recovering and returning damaged equipment to DFW Motorcycle Trailer Rentals’s premises. If equipment is to be “picked-up” by DFW Motorcycle Trailer Rentals, Customer agrees to provide a secure storage location and Customer accepts all risk including damage to and liability relative to equipment until the equipment is picked-up by DFW Motorcycle Trailer Rentals.
12. DISCLAIMER OF WARRANTIES. DFW Motorcycle Trailer Rentals makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the equipment is fit for Customer’s particular intended use, or that it is free of latent defects. DFW Motorcycle Trailer Rentals shall not be responsible to customer or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. DFW Motorcycle Trailer Rentals shall not be responsible for any defect or failure unknown to the DFW Motorcycle Trailer Rentals.
13. PURCHASE ORDERS. DFW Motorcycle Trailer Rentals does not accept purchase orders, checks, debit cards or credit cards. Cash only accepted for payment.
14. SUBLETTING/LOCATION OF EQUIPMENT. Customer agrees not to sublet, loan or assign the equipment.
15. DEFAULT. Should Customer in any way fail to observe or comply with any provision of this Rental Agreement, DFW Motorcycle Trailer Rentals may, at its sole option, terminate this Rental Agreement, retake the equipment, declare any charges due and payable and initiate legal process to recover monies owed, and/or, pursue any other legal rights and remedies available to DFW Motorcycle Trailer Rentals. Exercise of any remedy available to DFW Motorcycle Trailer Rentals shall not constitute an election of remedies or a waiver of any additional remedies to which DFW Motorcycle Trailer Rentals may be entitled. In the event suit is filed, it is agreed that the venue will be in the county of Tarrant, state of Texas.
16. RETAKING OF EQUIPMENT. If for any reason it becomes necessary for DFW Motorcycle Trailer Rentals to retake the equipment, Customer authorizes DFW Motorcycle Trailer Rentals to retake the equipment without further notice or further legal process and agrees that DFW Motorcycle Trailer Rentals shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.
17. EQUIPMENT INSURANCE. If Customer has insurance covering loss or damage, the customer agrees to assign said claim and any and all proceeds from such insurance to James O. Thomas dba DFW Motorcycle Trailer Rentals. Upon request of DFW Motorcycle Trailer Rentals, Customer shall fully cooperate with DFW Motorcycle Trailer Rentals and furnish the name of his insurance agent, insurance company, and complete information concerning insurance coverage carried. The following conditions are the sole responsibility of the customer. The customer agrees to compensate James O. Thomas dba DFW Motorcycle Trailer Rentals for
A. Damage resulting from improper use, failure to secure during transportation, overloading or exceeding the rated capacityof the equipment, fire, earthquake or act of God; insufficient height or width clearance.
B. Damage to electrical components.
C. Damage to tires, tubes and wheels, however caused.
D. Loss as a result of THEFT, mischief, negligence, or intentional abuse;
E. Damage resulting from misuse, failure to maintain, cleanliness, lack of lubrication, incorrect tire pressure or other normal servicing of equipment; unauthorized transfer to any person or place, voluntary parting with any property, or dishonest acts by you or your employees, partners, authorized representatives, directors, or trustees.
G. All damage resulting from use of the equipment in violation of any provision of this Rental Agreement,
violation of any law, ordinance or regulation.
18. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of DFW Motorcycle Trailer Rentals to insist upon strict performance by Customer as regards any provision of this Rental Agreement shall not be interpreted as a waiver of DFW Motorcycle Trailer Rentals’s right to demand strict compliance with all other provisions of this Rental Agreement against Customer or any other person. The provisions of this Rental Agreement shall be severable so that the unenforceability, invalidity or waiver of any provision shall not effect any other provision.
20. MISCELLANEOUS. This Rental Agreement may be executed or delivered by facsimile. If specific contract is not signed, payment of invoice and/or use of equipment will be deemed as acceptance of all terms and conditions herein. Customer shall advise DFW Motorcycle Trailer Rentals by phone that it wishes to call off the rental and have DFW Motorcycle Trailer Rentals recover the equipment in which event DFW Motorcycle Trailer Rentals shall issue a confirming call off number and no further rental shall accrue after such notice but Customer shall remain liable for the equipment as provided for in paragraph 11 until pick up has been completed