Terms of service

 

In consideration of the hiring equipment described hereon, by the undersigned (hereinafter referred to as the “Rentee” from Trailer Trash Operations LLC (herein referred to as the “Renter”), upon the terms and conditions and for the price herein specified, whether the equipment is used or not it is agreed as follows:
1. RENTAL AND TERM. Rental options include a four (4) hour, twenty-four (24) hour period, forty-eight (48) hours, seventy-two (72) hours, or weekly unless a longer rental period is specified. The equipment is defined as a 14’x7’x4’ “Texas Pride” Hydraulic Dump Trailer owned by Trailer Trash Operations LLC and its members on staff. Rental charges commence on delivery of equipment to Rentee and upon return of equipment to Renter’s premises. In the event the equipment is not returned to Renter upon expiration of the term or within three (3) days of any earlier termination of the agreement, Rentee will pay rental charges equal to three (3) times the daily rental rate (prorating the rental set forth herein, if necessary, to determine a daily rate) for each day that the equipment has not been returned; however. In no event, shall the foregoing be considered an agreement to any late return of equipment. The renter may terminate the rental at any time and take possession of the equipment. Rentee agrees to pay on return of equipment to Renter’s premises any additional charges and costs for the use thereof. Renee’s right to use the equipment terminates on the expiration date set forth herein unless extended in writing by the Renter or unless earlier terminated by the Renter.
2. REVERSION TO DAILY RATE. If any rental or rented equipment contracted for on a rate other than the daily rate basis is not paid in full or before the due date thereof such rental rate shall at the Renter’s option, without notice to Rentee, revert to a daily rate basis and Rentee agrees to pay immediately the rental upon such daily rate basis.
3. CONDITIONS OF HIRING, INSPECTION PRIVILEGE, AND WAIVER  OF DEFECTS. Rentee accepts and hires the equipment on an “as is “ basis. Rentee acknowledges receipt of all the equipment in good working condition and repair and declares that Rentee fully understands its proper operation and use. Equipment shall be used solely by Rentee only as per the manufacturer’s instructions for its intended purposes. Rentee hereby agrees to return the equipment to Renter’s premises upon the expiration and due date hereof in as good condition as when received by Rentee, ordinary wear and tear accepted. “Ordinary wear tear” shall mean only the deterioration of the equipment caused by ordinary and reasonable use. The Rentee agrees to pay immediately all charges and costs incurred.
4. COMPLIANCE WITH LAWS Rentee acknowledges that Renter has no control over the use of the equipment by Rentee and Rentee agrees at its sole expense, to comply with all municipal, county, state, and federal laws, ordinances, and regulations which may affect the equipment while it is in the possession of and use by the Rentee. Rentee shall not permit any person who is not qualified to use the equipment.
5. PERMITTED AREA OF USE OF EQUIPMENT. Without the Renter’s written consent, the Rentee shall not remove the equipment from the state in which rented.
6. RENTEE’S LIABILITY FOR MISUSE OF EQUIPMENT. The Rentee shall not abuse, harm, or misuse the equipment. The rentee shall not permit any repairs to be made upon the equipment without the Renter’s prior written consent. Rentee shall furnish Renter with a complete report of any accident involving said equipment, including names and addresses fo all persons involved and all witnesses, forty-eight (48) hours of any such event. Unless otherwise specified herein, in case of the loss or destruction of any part of the equipment or loss of possession thereof, or inability to return the same of Renter on the expiration and due date for any reason whatsoever. Rentee shall pay Renter the actual replacement cost ($13,000) thereof and in addition thereto Renter’s loss of use of said equipment, regardless of whether such injuries or damage results from: (i) defects in the equipment, or (ii) improper maintenance or repair of said equipment (whether by Renter or by others), or (iii) a design defect (whether or not Renter could have influenced such design) or (iv) a failure to warn of hazards associated with such equipment (whether or not Renter possessed knowledge or information, including operating instructions or other materials, warning of hazards associated with the operation of such equipment or the international or accidental removal of warning information or signs or decals by Renter or others), or (v) any other cause, whether or not resulting from the fault or other breach of responsibility of, Renter, including, without limitation, any combination of the foregoing. It is the intention of the parties hereto that Rentee shall assume and shall defend, indemnify, and hold harmless Renter and Renter’s directors, officers, employees, and agents from all liabilities in any manner arising from the use or possession of equipment by Rentee.
7. DISCLAIMER OF WARRANTIES. RENTER MAKES NO WARRANTIES EXPRESS OR IMPLIED AS TO THE EQUIPMENT’S MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The renter is not a manufacturer of the equipment and makes no representation or warranty as to the effectiveness of the equipment.
Rentee acceptance or Use of the equipment constitutes Renee’s waiver of such warranties. Rentee’s sole remedy for any failure or defect in the equipment shall be termination of rental charges at the time of failure provided the equipment is returned to the Renter with 24 hours after such failure. Renter shall not be responsible for any loss, damage or injury to Rentee, its agents or employees or renter’s property, including incidental, special or consequential damages. In any way connected with or related to the operation, use, defect in or failure of the equipment, notwithstanding that Renter, its agents or employees may also contribute to the damage or injury.
8. INDEMNIFICATION OF RENTER BY RENTEE Rentee expressly indemnifies and holds Renter, its officer, and its employees, harmless of, from and against any and all claims, loss, costs, damages, attorney’s fees and/or liability based upon, or arising out of (i) injuries, included but not limited to death to person, or (iii) damages including but not limited to damages to or destruction of property sustained or alleged to have been sustained in connection with arising out of or incidental to, or in any way connected with, the performance of this contract the equipment or the use of the equipment regardless of Whether a lawsuit is filed and notwithstanding that Renter, its agents or employees may also contribute to the damage or injury. In the event a suit is instituted by Renter to recover possession of said equipment, or to enforce any of the terms, condition or provisions hereof or Renter hires an attorney to enforce. Rentee agrees to pay all costs and reasonable Attorney’s fees of Renter incurred in connection herewith.
9. THEFT WARNING. Failure to return equipment on the expiration and due date in certain circumstances will be considered a Theft resulting in criminal prosecution.
10. TITLE. The title to the equipment is and shall remain in the Renter’s name Rentee shall not alter, deface, change, or remove any identification on the equipment. Renee agrees to keep and shall return the equipment free from all liens of other encumbrances, levy, or seizure and shall give Renter immediate notice of any threatened lien, encumbrance, levy or seizure. In the event Renter determines in its sole discretion, that the equipment is or may become subject to a seizure, lien, levy or encumbrance. Renter may retake the equipment without notice or legal process and may take all actions reasonably necessary to do so.
11. CONSTRUCTION The paragraph headings used herein are for convenience and are not to be used in construing the meaning or intent of any of the terms of provisions of this rental contract.
12. COMPLETE CONTRACT. This contract in its entirety shall become a binding contract between the Rentee and Renter upon Rentee signing and returning an acceptance copy of this contract,or upon Renter shipping the equipment or Rentee accepting delivery of the equipment. Whichever occurs first. Any written confirmation of this contract received by Renter from Rentee containing proposals or terms additional to or different from those set forth herein are not proposals or terms additional to or different from those set forth herein are not binding on Renter unless Renter expressly agrees to any such proposal or term in writing.
13. ASSIGNMENT AND SURVIVAL. Rentee shall not assign or transfer any interest in this contract including subleasing any of the equipment, without the written permission of the Renter. This contract shall insure to the benefit of the Renter, its successor, and assigns, and sall be binding upon Rentee its successors and assigns. There rights, obligations, and other provisions, including all payment obligations in this contract, shall survive the termination of this contract.
14: GOVERNING LAW. This contract shall be construed in accordance with the laws of the State of Louisiana, but not including any of its conflict of law rules.