Rental Policies

Rental Policies 

I. Purpose and Scope 

This Rental Policies Agreement ("Agreement") is entered into by and between ADT Equipment Rentals, LLC, herein referred to as the "Lessor", and the undersigned individual or entity, herein referred to as the "Lessee", for the purpose of outlining the terms and conditions regarding the rental of equipment by the Lessee from the Lessor. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. By affixing their signature above, the Lessee voluntarily agrees to abide by and be bound by all the terms, conditions, and provisions set forth herein. 

II. Waiver Details 

The objective of this Agreement is to waive liability for damages to the rented equipment under certain circumstances, as outlined herein. This waiver is intended to protect both parties, ADT Equipment Rentals, LLC (referred to as the "Lessor") and the undersigned individual or entity (referred to as the "Lessee"), from financial responsibility in the event of damage to the equipment during the rental period. 

III. Equipment Description 

Reference page 1 “Rental Contract”. 

IV. Terms and Conditions 

  1. Use and Care: The Lessee agrees to use the rented equipment in a careful and proper manner, in accordance with any instructions provided by the Lessor. 
  2. Reporting Damage: The Lessee agrees to promptly report any damage to the equipment to the Lessor and to cease use of the equipment until further instruction is provided. 
  3. Insurance: The Lessee acknowledges that the Lessor may require the Lessee to obtain insurance coverage for the rented equipment and agrees to provide proof of insurance upon request. 
  4. Inspection: The Lessee acknowledges that he or she has personally inspected the equipment finds it suitable for his needs and in good condition, that he/she understands its proper use and agrees to inspect the equipment prior to use and notify the Lessor of any defects. 
  5. Replacement of malfunctioning equipment: If equipment becomes unsafe or in disrepair, Lessee agrees to discontinue use and notify the Lessor who will replace the equipment with similar equipment in good working order, if available. The Lessor is not responsible for any incidental or consequential damages caused by delays or otherwise. 
  6. Warranties: There are no warranties of merchantability or fitness, either express or implied. There is no warranty that the equipment is suited for the Lessee's intended use, or that it is free from defects. 
  7. Hold harmless agreement: The Lessee agrees to assume the risks of, and hold the Lessor harmless for property damage and personal injuries caused by the equipment and/or arising out of the Lessor's negligence, The Lessee shall indemnify and hold the Lessor harmless from any claims of third parties for loss, injury and damage to their persons and property arising out of the Lessee's possession, use, maintenance or return of equipment, including legal cost incurred in defense of such claims. 
  8. Prohibited uses: Use of equipment in the following circumstances is prohibited and constitutes a breach of contract: (a) Use for illegal purposes or in an illegal manner. (b) improper. unintended use or misuse. (c) Use by anyone other than the Lessee or his or her employees, without The Lessor's written permission. (d) Use at any location other than the address furnished the Lessor without the Lessor's written permission, except trailers.  
  9. Assignments, subleases and loans of equipment: The Lessor may assign its rights under this contract without the Lessee's consent but will remain bound by all obligations herein. The Lessee may not sublease or loan the equipment without the Lessor's written permission. Any purported assignment by the Lessee is void. 
  10. Time of return: The Lessee's right to possession terminates on expiration of rental period and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing. 
  11. Return of equipment: At the termination of this agreement, Lessee shall return all of the Equipment to Lessor's premises during Lessor's regular business hours, in the condition and repair as when delivered to Lessee, subject only to reasonable wear and tear. Lessee shall be liable for all damages to or loss of the Equipment occurring because it was not returned within Lessor's regular business hours. If Lessor has agreed to deliver the Equipment to Lessee or to pick up the Equipment from Lessee. Lessee shall be responsible for all losses or damage to the Equipment from time of delivery to Lessee and until picked up by Lessor. 
  12. Damaged or lost equipment: THE LESSEE ASSUMES FULL REPRESSIBILITY FOR and agrees to pay for any damage to or loss of equipment, as an insurer, regardless of cause, except reasonable wear and tear while equipment is out of possession of The Lessor.  
  13. Theft of equipment: The Lessee agrees to pay for equipment (at its replacement cost when rented) for all types of theft or mysterious disappearance.  
  14. Collection costs: The Lessee agrees to pay all reasonable collection, attorneys and court fees and other expenses involved in the collection of the charges or enforcement of the Lessor's rights under this contract. 
  15. Repossession: Upon a failure to pay rent or other breach of this contract the Lessor may terminate this contract for breach, the Lessor may terminate this contract and take possession of and remove equipment from wherever it is, and the Lessor and his agents shall not be liable for any claims for damage on trespass arising out of the removal of the equipment. 
  16. Disclaimer of manufacture: The Lessee agrees that the Lessor is neither the manufacturer of the equipment nor the agent of the manufacturer. 
  17. Loading and unloading equipment: If the Lessor's employees assist in loading or unloading the equipment, the Lessee agrees to assume the risk of, and hold the Lessor harmless for any property damage or personal injuries, including damage or injuries attributable to the negligence of the Lessor and its employees. 
  18. Theft: That the Lessor of its own discretion may report as stolen all personal property not returned within the date listed in the "Date and Time Due In" section of the contract or if conditions and circumstances indicate theft before that time. 
  19. Inspection of trailer hitch: The Lessee agrees to inspect the trailer coupling mechanism and safety chain before leaving the Lessor's premises. The Lessee also agrees to inspect the equipment, periodically (every 100 mi.) and to maintain the coupling and chain in a safe and secure condition. 
  20. Damage to bumpers: The Lessor is not liable for damage to the Lessee’s bumper or automobile done by detachable hitches. 
  21. Overdue accounts: Accounts are due and payable at the begining of the rental period. A service charge may be assessed on all overdue accounts.  

V. Release and Waiver 

  • The Lessee releases and waives any and all claims, liabilities, damages, or losses arising from or related to the use of the equipment. 
  • This release is in consideration of the rental of the equipment. 
  • The waiver applies to the fullest extent permitted by law. 

VI. Governing Law 

This Agreement shall be governed by and construed in accordance with the laws of the [Wood County TX], meaning that any disputes or legal matters arising from or related to this Agreement will be interpreted and enforced based on the laws of that jurisdiction.