TERMS IN OUR RENTAL CONTRACT
good and valuable consideration, you and G.T. Rentals Corp., a
New York corporation (hereinafter referred to as: “GT,”
“Lessor,” “we,” “us” and/or “our”) agree as follows:
1. Definitions. As used herein, “P.1” refers to the first page or “face” of this Contract; “Contract” refers to P.1 together with these Terms and Conditions of Rental Contract; “Rented Item(s)” or “Item(s)” means the item(s) provided by GT to you, as identified on P.1 (including any “Instructions” and/or safety devices provided per Section [or “§”] 4 below); “Site” means the delivery or use address set forth on P.1; and “Customer,” “Lessee,” “you” and “your” mean the “Customer” identified on P.1.
2. Term. You agree to rent from GT and GT agrees to rent to you the Rented Item(s) for the period(s) specified on P.1 (the “Term”). You agree to pay us our stated rental rate(s) (the “Rent”), together with any other charges accruing hereunder, without proration, reduction or setoff, and remain liable for loss of, damage to and/or destruction of the Rented Item(s) for the duration of the Term and until all such Rented Item(s) is/are returned to and accepted by GT in the proper return condition as required under § 8. Unless otherwise agreed in writing by GT, all rental rates are for normal use of the Rented Item(s) on a single-shift basis during the Term, not exceeding 8 hours per calendar day, 40 hours per 7-day period, and 160 hours per 28-day period, and otherwise in accordance with the terms hereof and the “Instructions” described in § 4. Additional prorated Rent will be charged for late returns and overuse. No allowance will be made for weekends, holidays, weather delays, time in transit or other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). You agree: (a) to pay GT: (i) any deposit and the Estimated Rent specified on P.1 in advance of the Term (the “Prepayment”); and (ii) any other amounts coming due hereunder upon demand; and (b) that: (i) we may deduct any amount you owe us from any Prepayment; (ii) no interest will accrue on any Prepayment; (iii) no Prepayment will be deemed a limit of your liability to GT; and (iv) all Prepayments are NON-REFUNDABLE unless otherwise agreed by GT. Anything remaining with, in or on any Item(s) upon return will, at our option, be deemed surrendered and abandoned.
3. Title to equipment. Except with respect to Rented Items which GT rents from one or more third parties (each, a “TPO”) and then re-rents to you (“Re-Rented Items”), GT owns and will retain title to all Rented Items at all times. Your only right with respect to such Item(s) (including Re-Rented Item(s)) is to use it/them in full compliance with this Contract during the Term. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any Rented Item(s); or (b) loan, transfer, sublease or assign any Rented Item(s) or this Contract, without the prior written consent of GT (in its sole discretion). GT may sell and/or assign all or any part of its interests in the Rented Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of GT or any TPO.
4. Inspection of Equipment. Upon the earlier of your receipt, or our delivery to the Site, of the Rented Item(s) unless you immediately reject it/them, you represent, warrant, acknowledge and agree that: (a) each Item: (i) is complete and in good order, condition and repair; (ii) is appropriate for your purposes and in all ways acceptable to you; and (iii) was selected (not based on any recommendation by GT), carefully examined and inspected by you or your agent(s); and (b) you: (i) have received, carefully reviewed and understand all applicable training, instructions, user manuals, maintenance requirements, and other information, if any, including all EPA, OSHA, MSHA, ASME, IBC, IEEE, ASSE, DOT and/or ANSI Standards pertaining to such Item(s) (collectively, “Instructions”); (ii) will fully comply therewith (including Tier 4, silica dust and electronic logging device requirements); (iii) have been made aware of the need to use all recommended and required safety devices (including RESPIRATORY AND FALL PROTECTION devices); (iv) will use each Item only for its intended purpose, in a reasonable and safe manner; (v) will timely give any required notice(s) to, and obtain all necessary licenses, authorizations, permits and approvals from, all affected parties, including governmental authorities, utilities and the Site owner(s), and ensure all underground lines, cables and conduits are clearly and properly marked before using any Item(s) to dig or disturb the ground surface (call 811 and (A) in New York City and Long Island, go to www.newyork-811.com; or (B) elsewhere in New York, go to www.digsafely newyork.com) at least 2 full business days in advance; (vi) will immediately cease using any Item that is damaged, breaks down, or proves defective (a “Malfunction”); and (vii) will ensure that all others comply with this Contract. You will notify GT immediately if any of the foregoing become(s) untrue.
5. Equipment Malfunction. In the event of a Malfunction, you will immediately notify, and return the Malfunctioning Item to, GT, and provided such Malfunction did not result from or in connection with any wrongful or negligent act or omission of, or any breach of any provision of this Contract by, you or anyone you permit to use or deal with such Item(s), we will, at our option: (a) repair the subject Item; (b) provide you with a comparable Item; or (c) return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other obligation(s) with respect to Malfunctions, all of which you waive, together with all associated incidental and consequential damages.
6. Operator Training. YOU AGREE TO PROVIDE ALL APPLICABLE TRAINING, FAMILIARIZATION, INSTRUCTIONS AND WARNINGS TO ALL USERS, OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S), and ensure that each Item is used safely and only: (a) for its intended purpose(s); (b) within its rated capacity; (c) unless otherwise specifically agreed by GT on a case-by-case basis, at the Site; (d) BY PROPERLY TRAINED, FAMILIARIZED, QUALIFIED, CERTIFIED, SUPERVISED AND/OR LICENSED (AS APPLICABLE) ADULTS; and (e) otherwise in full compliance with this Contract (including without limitation, §§ 4, 8 and 9), at all times.
7. Delivery terms. You will ensure the Site is reasonably clean, safe, secure and fit for delivery and use of the Rented Item(s) at all times. If we agree to provide any service(s) (including delivery and/or retrieval of any Item(s)), you agree to: (a) pay our regular charge(s) therefor, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site. GT will not be responsible for any delay(s) caused by the acts or omissions of any other parties, including providers of other equipment or services (“Other Providers”) for which you hereby release and agree to indemnify, defend and hold harmless GT. Deliveries are made to curbside only. If you are not present upon delivery or retrieval of any Item(s), you agree to accept the statements of GT’s representatives regarding the same (including the status, condition, quality and quantities of the Item(s) and the Site).
8. Equipment Maintenance.
You agree to protect, properly maintain and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to GT on time, clean, free of contaminants (including without limitation, asbestos and silica) and otherwise in good order, condition and repair, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluid and lubricants. If you fail to do so, you will pay to GT: (a) Rent for each succeeding full rental period until the Item(s) has/have been returned or replaced as required; and (b) all costs and expenses GT incurs in connection with such failure. You will not, nor will you permit anyone else to: (i) abuse, misuse, overuse, remove from the Site, conceal, repair, modify, damage or destroy any Rented Item(s); (ii) violate any law, policy of insurance or warranty; (iii) expose any Rented Item(s) to any flammable, explosive, corrosive, or otherwise harmful or hazardous substance(s) or circumstance(s); or (iv) take possession of or exercise control over any Rented Item(s), without our prior consent (which may be granted, conditioned or withheld in our sole and absolute discretion).
9. WARNINGS. (A) CERTAIN ITEMS, INCLUDING EQUIPMENT USED FOR LIFTING, LOADING, CUTTING, DIGGING, WELDING, TOWING AND/OR HAULING CAN BE DANGEROUS AND SHOULD BE TRANSPORTED, SERVICED, MAINTAINED, REPAIRED AND USED WITH EXTREME CARE, ONLY FOR ITS/THEIR INTENDED PURPOSE(S), AND ONLY BY PROPERLY TRAINED, FAMILIARIZED, CERTIFIED, SUPERVISED, QUALIFIED, AND IF APPLICABLE, LICENSED, ADULTS; (B) Important consumer protections may not apply if this Contract indicates you are leasing the Item(s) primarily for agricultural, business or commercial use; and (C) GT is neither the owner of the Site nor the owner’s agent. GT has no authority to direct, supervise, control, monitor or perform any work at the Site. You accept all responsibility) for the manner, means and method of the work to be performed with the Rented Item(s) and the safety of all workers and the Site.
10. Insurance requirement. You agree to maintain all insurance GT may require, including: (a) liability insurance with minimum limits of $1,000,000 per occurrence; (b) property damage/inland marine insurance covering all Items for the full (new) replacement value thereof; and (c) for all automobiles included in the Rented Item(s), hired auto liability insurance with minimum limits of $1,000,000 and hired auto physical damage insurance for actual cash value. Such policies shall, whenever possible: (i) name GT and each TPO as an additional insured and loss payee; (ii) waive subrogation against them; (iii) be primary and non-contributory; and (iv) include such other provisions (including deductibles) as we may require.
11. NO WARRANTIES. GT IS NOT THE MANUFACTURER OR DESIGNER OF ANY ITEM(S) REFERENCED IN THIS CONTRACT, ALL OF WHICH ARE PROVIDED “AS-IS”. NEITHER GT NOR ANY TPO, MAKES ANY WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY ARISING FROM OR IN CONNECTION WITH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) PROVIDED BY GT OR ANY TPO, NOR DOES GT OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS, SPECIFICATIONS, DEPICTIONS, OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY GT OR ANY TPO.
12. ASSUMPTION OF RISK AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM AND/OR IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, INSTALLATION, STORAGE, SERVICING, MAINTENANCE, DELIVERY AND/OR RETRIEVAL OF SUCH ITEM(S) AND/OR SERVICE(S), WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, GT AND EACH TPO, and their respective owners, shareholders, managers, officers, directors, agents, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee”), for, from and against all such RISKS, as well as all liabilities, claims, damages, losses, costs and expenses (including attorneys’ fees) arising from and/or in connection with your breach of this Contract; and (C) WAIVE all rights and remedies available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each Indemnitee.
13. Limited Damage Waiver. If and only if, we have offered and you have paid the non-refundable fee for the OPTIONAL LIMITED DAMAGE WAIVER (“LDW”) (set forth on P.1, if available) prior to commencement of the Term, you will have no liability to us for 80% of the cost to repair or replace Item(s) covered by LDW (“Covered Item(s)”) which suffer physical damage during the Term; provided however, that you will remain fully liable for: (a) all damage to or loss of: (i) Item(s) not covered by LDW; (ii) Covered Item(s) lost or damaged during transportation or as a result of: (A) your breach of this Contract; (B)
theft or other failure to timely return Covered Item(s) to GT; (C) gross negligence, misuse and/or abuse of any Rented Item(s); (D) vandalism and/or malicious mischief; (E) use of alcohol or drugs; and/or (F) use of any Item(s) in violation of any law, insurance policy or warranty; (iii) damage to batteries, glass, tires, tubes, tracks, belts, chains, knobs and/or hoses; (b) a “deductible” equal to 20% of all repair/replacement costs for Covered Items; and (c) all repair and replacement costs exceeding $10,000 in the aggregate across all Covered Items. You may decline LDW if you fully and timely comply with § 10. LDW IS NOT INSURANCE, NOR IS IT A WARRANTY.
14. Remedies of Lessor. Your duties hereunder are unconditional. If: (a) you or any guarantor shall: (i) fail to timely pay or perform any of your obligations arising under this Contract; (ii) otherwise fail to fully and timely comply with this Contract; (iii) provide any incorrect or misleading information to GT; (iv) become insolvent; or (v) die or cease conducting business; (b) any Item(s) shall be lost, damaged or destroyed (unless covered by LDW, as provided in § 13); or (c) GT shall deem itself insecure, you will be in default, whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) terminate your rental; (ii) seek relief from automatic stay; (iii) recover, empty, lock or disable the Rented Item(s) without being guilty of trespass or liable for personal injuries or property damage (for which you agree to indemnify, defend and hold harmless GT); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you and/or any guarantor (jointly and severally) our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the remainder of the Term and attorneys’ fees); and/or (vii) pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative.
15. Rental Payments. To the maximum extent permitted under applicable law, you grant to GT a lien on all real and personal property: (a) placed in or on; and/or (b) improved with, any Rented Item(s). We may, without notice or liability to you, monitor (in person and/or electronically) and/or inspect any Rented Item(s) at any time, and all information thereby obtained will be the sole and exclusive property of GT. If any performance required of GT is delayed or impaired as a result of any act or omission of any Other Provider(s) or any “Act of God” (any event, fact or circumstance beyond our reasonable control), we will be excused from such performance. You waive the benefits of all statutes of limitations regarding GT’s rights and remedies. All amounts due hereunder but not timely paid will bear interest at the lesser of: (a) 18% per annum; or (b) the highest rate permitted under applicable law until paid. You authorize GT to obtain and retain your credit information and history. You agree to pay GT the maximum lawful charge for any check you write which is returned unpaid. GT’s maximum liability in connection with this Contract is limited to the amount(s) actually paid by you hereunder. You agree to pay all taxes (including all sales, use, transfer, value added and other taxes), fines, fees, assessments and other charges related to each Item. If any legal action is commenced in connection herewith, we will be entitled to recover our costs and expenses associated therewith (including without limitation, attorneys’ fees and expenses) from you if we prevail. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available in connection herewith will constitute an election of remedies or a waiver of any of our rights or remedies, all of which shall be cumulative.
16. Severability. This Contract, and any addenda provided by GT, each of which is incorporated herein, represent the entire agreement between you and GT, superseding all other oral and written agreements and representations (including GT’s website and advertising). The terms of this Contract are severable. If any provision hereof is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deleted, and the remainder of this Contract will remain valid and in full force and effect. This Contract cannot otherwise be amended or extended except in a writing signed by GT. Time is of the essence. There are no third-party beneficiaries hereto other than the TPO(s), if any. These Terms and Conditions will be deemed to apply not only to the Item(s) identified on P.1, but also to all other Items you obtain from GT at any time (except only as otherwise agreed by GT). You acknowledge that this Contract: (a) constitutes a true operating lease, and not a disguised financing; (b) is fair and reasonable under the circumstances; and (c) shall be interpreted under the laws of the State of New York, with proper venue for all associated civil lawsuits and legal proceedings lying solely and exclusively in the federal, state and local courts located in or
nearest to Kings County, NY (unless waived by GT). You consent and submit to such jurisdiction and venue and waive all claims that such venue lies in an inconvenient forum.
LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE
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GT Rentals would satisfy all your Tool Rental, Construction Equipment Rental, Power Tools, and Construction Supplies needs. We service Brooklyn, Queens, New York City NY (Manhattan, nyc NY),Staten Island, Bronx, Nassau, Suffolk, Westchester, Jersey City, and Fort Lee NJ.