Terms & Conditions
These terms and conditions are as written on the back side of rental equipment pick up paper that is signed at time of pickup.
The Agreement (“Agreement”) is for the rental of the equipment
described on the other side of this page (“Front”) including all parts of
and accessories to such equipment (“Equipment”). This Agreement is
between the person indicated on the Front as the customer
(“Customer”) and World-Wide Rentals Corporation (“WWR”). Both
parties acknowledge that this Agreement consists solely of all the
terms written or printed on both sides of this page.
1. NATURE OF THIS AGREEMENT: This Agreement is solely for the
purpose of creating a rental transaction, which allows Customer
to use the Equipment as permitted by this agreement. Customer
represents that the Equipment herein is be used solely and
exclusively for business or commercial purposes. The Equipment
is owned by WWR’s Customer acknowledges that no one other
than WWR may transfer the Equipment or any right or obligations
under this Agreement. Any attempted transfer of the equipment
by anyone other than WWR is void. Neither Customer nor any
Additional Operations are agents of WWR. No one may service or
repair the Equipment without WWR’s prior express approval.
Customers will not suffer any liens or encumbrances to attached
to the Equipment and will defend; indemnity and hold WWR
harmless from any loss, liability, and expense by reason thereof.
2. WHO MAY OPERATE EQUIPMENT: Only Customer and the
following persons with Customer’s permission (“Authorized
Operators”) may operate the Equipment. Customer’s employer,
employees, fellow employees during such employee’s regular
employment, or persons approved by WWR in writing. Customers
and all Authorized Operators must be at least 21 years old, be
properly qualified to operate the Equipment, and have a valid
operator’s license with respect to the Equipment where required
by law.
3. RENTAL CHARGES: Customers will pay WWR on demand at the
WWR branch designated on the Front, all rental time, mileage,
service, transportation, refueling services, and other charges and
sums in accordance with this Agreement, all sales and use taxes or
tax reimbursement imposed with respect to the Equipment and
this Agreement and all expenses including reasonable attorney’s
fee, incurred in collecting same. The basic daily, weekly, and
monthly rental will entitle customer to a maximum of one shift
use (i.e., a maximum of 8 hours day, 40 hours per week, 160 hours
per month). Use in excess of one shift will be payable at an hourly
rate of 1/8 th of the daily charge (for daily rental); 1/40 th of the
weekly rental (for a weekly rental) and 1/60 th of the monthly
charge (for monthly rental) plus applicable taxes. All charges are
subject to final audit by WWR. WWR will have a lien as allowed by
law for charges incurred hereunder upon the premises and
improvements upon which the Equipment is employed. Rentals
are F.O.B the WWR branch designated on the Front unless
otherwise specified. Shipping charges from such branch to the
Customer & designation, return, all loading, unloading,
assembling and dismantling will be paid by Customer. All rates for
rentals in excess of one (1) month are subject to change in thirty
(30) days’ notice in writing to the Customer with respect to any
portion of the rental period then remaining. Customers and any
other person to whom with WWR’s consent. Customer expressly
directs the charges incurred under this Agreement to be billed,
are jointly and severally responsible for all payment of all such
charges. Customer represents having the authority to direct such
charges to be billed to that person. Charges not paid on time as
required by this Agreement, may be subject to a late payment fee
as provided in Paragraph 15 of this Agreement. Customer may
also be charged a reasonable fee for any check used for payment
hereunder that is returned unpaid.
4. CUSTOMER’S RESPONSIBILITIES: Customer must return the
Equipment to WWR in the same good and clean condition it was
in when the Customer received it, ordinary wear is to be
expected. The equipment must be returned to WWR at the same
WWR branch from which it was rented by the “Due Date
“specified on the Front or sooner if demanded by WWR.
Customer acknowledges that it must confirm return receipt of the
Equipment by WWR at the expiration or earlier termination of this
Agreement. Until such time as WWR receives actual possession of
the Equipment, Customer agrees to hold said Equipment in a safe
and secure matter. The equipment will be used solely in
Customer’s business and kept only at customer’s place of business
or the job site at which the Equipment is used and will not be
moved without the prior written consent of WWR. The equipment
will be used only in accordance with the manufacturer’s
instructions within its rated capacity. Customer will notify WWR
immediately of any accident, damage, or failure involving the
Equipment and promptly furnish WWR all information in writing
and assistance required by WWR in connection therewith.
Customer will perform or cause to be performed and pay for all
normal periodic and other basic service, adjustments and
lubrication of the Equipment including but not limited to checking
of the Equipment before each shift, checking and maintaining
crankcase, transmission, cooling and fluid systems daily, and
checking the pressure and battery fluid and charge weekly. If the
Equipment fails to operate properly or becomes in need of repair
Customer will immediately cease using same and will immediately
notify WWR. Customer will record and supply to WWR at
expiration or earlier termination of this Agreement fuel receipts
and driver trips records containing mileage breakdown by state.
Failure to comply’ with the foregoing fuel and mileage
requirements will entitle WWR to $ .05 per unrecorded miles as
additional rent hereunder which Customer hereby agrees to pay.
Customers further agrees, at costumer’s sole cost and expense to
secure and maintain to force during the entire term of this
Agreement insurance satisfactory to WWR including but not
limited to the requirements set forth in Paragraph 9, for the
benefit of WWR as Lessor of the Equipment. IF THE EQUIPMENT IS
USED IN ANY MANNER THAT WOULD CONSITITUTE A DEFAULT
UNDER PARAGRAPH 6, OR IN VIOLATION OF THIS AGREEMENT, OR
IS OBTAINED FROM WWR BY FRAUD OR MISINTERETATION OR IS
USED INFURTHERANCE OR ANY ILLEGAL PURPOSE ALL SUCH USE
OF THE EQUIPMENT WITHOUT WWR’S PERMISSION.
5. RISK OF LOSS: All loss or damages to the Equipment from any
cause whatsoever while on rental or in Customer care, custody, or
control, whether exclusive or not, and whether or not due to the
fault of the Customer, including but not limited to fire, flood ,
theft, comprehensive losses, collision and rollover, and Acts of
God will be the sole responsibility of Customer and will be paid to
WWR promptly upon Customer’s receipt of invoice therefor. Such
responsibility is limited to the full value of the Equipment at the
time it is lost or damaged, less its salvage value, plus any
administrative fee and WWR’s related expenses, such as loss of
use, appraisal fees or recovery costs. THE COST OF LABOR FOR
SUCH REPAIRS WILL BE EITHER WWR’S THEN PREVAILING HOURLY
RATE FOR LABOR POSTRED AT THE WWR’S BRANCH WHERE THE
EQUIPMENT IS TO BE REPAIRED OR THE REPAIRER’S HOURLY RATE
FOR LABOR CHARGED TO WWR FOR SUCH REPAIRS AS THE CASE
MAY BE. Parts will be charged at WWR’s cost therefore as charged
to WWR by the supplier or the repairer, as the cause may be. Use
of Equipment by persons other than the Customer or Authorized
Operates will be at Customer’s sole risk. Customer and any
Authorized Operators hereby assume all risk of loss or damage
and waive all claims against WWR by reason of any properly left,
stored, loaded or transported by the Customer or any other
person in or upon Equipment , and further agree to indemnify and
hold harmless WWR, the subsidiary and affiliated companies,
parent company and its any of their officers, agents, and
employees , from and against all loss liability, claim, action or
expense, including but not limited to reasonable attorney’s fees ,
arising out of such loss or damage.
6. EVENTS OF DEFAULT: Customer shall be in default of this
Agreement if Customer fails to pay any rents due or if Customer
breaches any other terms of this Agreement, or if Customer
becomes insolvent or ceases to business as a going concern, or if a
petition in bankruptcy is filed by against Customer and WWR.
Customer will further be deemed to be in default if the Equipment
is used: (A) to carry persons to hire; (B) to carry persons other
than Authorized Operators or helpers employed by
Customer(unless authorized by WWR on the Front), all of whom
will ride only within the cab of the Equipment, and then only if
such carriage is lawful; (C) to transport properly for hire unless
Customer obtains all necessary permits and licenses; (D) in
violation of any law or ordinance ; (E) in any race, test, or contest;
(F) in a reckless, negligent or abusive manner, or is intentionally
damaged by the Customer or within Customer’s permission; (G)
for the carrying or hauling of explosives or other hazardous
material in a manner inconsistent or in violation of applicable laws
rules or regulations; (H) in violation of Paragraph 4 above or (1) in
any fashion or manner for which the Equipment was not designed
or beyond the manufacturer’s rated capacity of the Equipment.
7. REMEDIES OF WWR: In case of default by Customer, or, if WWR
deems itself insecure, WWR may peacefully enter the premises
where the Equipment is located and render it inoperative or
remove same with or without process of law and without any
notice or liability to Customer. Customer hereby waives any right
to any hearing or to receive any notice of legal process, as a pre-
condition for WWR recovering the Equipment. Customer agrees
to permit such entry and action by WWR; In such case WWR may
also terminate this agreement without notice to Customer or
prejudice to any remedies or claims which WWR may or might
otherwise have for rent expense, of retaking court cost, and
reasonable attorney’s fees in addition. Customer will pay to WWR
a sum equal to the balance of the rent and other payments call for
hereunder, for the reminder or the rental term specified on the
Front as liquidated damages and not notwithstanding such
termination. WWR shall have the right to issue and circulate theft
notices, cause and/or take any such steps which WWR will
reasonably deem necessary to recover the Equipment; if the
equipment is not returned on the date specified on front or
sooner as permitted by the terms of this Agreement. The
remedies provided herein in favor of WWR are not exclusive but
shall be cumulative and in addition to all other remedies existing
at law or in equity, any one or more of which may be exercised
simultaneously or successively.
8. LOSS AND DAMAGE WAVIER: If the equipment is used with
WWR’s permission and in compliance with this Agreement and if
Customer accepts the “Loss and Damage Waiver” option “LDW”
which is NOT INSURANCE, at the beginning of rental by initialing
the LDW Accepts Box on the Front, and pays the additional
charges specified therefore, specified on the Front, at the rate so
specified in the “LOSS AND DAMAGE WAVIER GUIDE” provided
herewith. Customer’s responsibly to WWR for the loss of a
damage to the Equipment exceeding the larger the following
effect on the date of this Agreement is entered into per item of
Equipment, without regard to the rental period of this Agreement.
NOTWITHSTANDING THE FORGOING PROVISIONS OF THIS
PARAGRAPH 8 CUSTOMER WILL BE LIABLE FOR ALL RESULTING
LOSS OR DAMAGE TO THE EQUIPMENT AND WITHOUT WWR IF IT
RESULTS FROM: (a) THE USE OF OPERATION OF THE EQUIPMENT
AND PARAGRAPH 6 OF THIS AGREEMENT OR IF THE EQUIPMENT
IS LOST OR DAMAGED UNDER ANY OF THE FOLLOWING
CIRCUMSTANCES: (I) the use of operation of Equipment, or
improper loading, with a load exceeding the manufacturer’s rated
capacity of the Equipment or improperly securing such load or
improper coupling ; (II) the loss of damage of Equipment during
periods of riot , strike or civil commotion. (III) striking overhead
objects with the Equipment. (IV) loss or damage occurring during
the loading, uploading or transportation of the Equipment, unless
such loss or damage (excluding damage caused by the striking of
overhead objects, which Customer assumes) occurs as a direct
result of a collision a licensed motor vehicle being operated by a
third party and the loading and unloading transportation was
being conducted in a lawful manner, provided however, that all
loss or damage occurring during the course of waterborne
transportation is at the Customer’s sole risk. (V) use or operation
of Equipment in a hostile or warlike manner in time of peace or
war; (VI) the loss of or damage to tires or tools unless caused by
fire, windstorm, vandalism or malicious mischief, or is coincident
with any other protected loss or damage; (VII) the loss or damage
of Equipment by explosion , nuclear reaction, nuclear radiation or
radioactive contamination, or exposure to hazardous materials,
all whether or controlled or uncontrolled and whether such loss
or damage be direct or indirect, proximate or remote, or be in
whole or part caused by, contributed to, or aggravated by any loss
or damage; (VIII) boom damage from overloading of a boom or
from a collision involved when a boom is in motion; (IX) all loss or
damage associated with Equipment rollover, (X) mysterious
disappearance of the Equipment or the theft or conversion of the
Equipment , not documented by Customer’s prompt filing the
applicable public authorities ( with a copy to WWR) of a format
written theft or conversion report; and (XI) any other failure of
Customer to comply with Paragraph 12 of this Agreement.
9. CUSTOMER’S INSURANCE OBLIGATION: Customer will at its
expense at all time during the terms of this agreement, maintain
in force public liability and property damage insurance with a limit
liability for bodily injury, including death of 1,000,000 for each
person in each accident, and with a limit of liability of 2,000,000
for all persons in each accident, and with a limit for property
damage of 1,000,000 for each accident , on a primary and not
excess or contributory basis, against Customer’s liability for
damage sustained by any person or persons including but not
limited to agents or employees of Customer, as a result of the
maintenance, use, operation, possession, storage, erection,
dismantling, serving or transportation of Equipment, customer
will, on demand furnish WWR a certificate evidencing such
insurance, endorsed to show that such insurance may not be
cancelled or materially modified except on twenty (20) days prior
written notice to WWR at the WWR branch shown on the Front .
Customer’s failure to provide evidence of insurances to WWR
upon demand will entitle WWR to procure insurance for
Customer’s benefit, the cost of which will be paid by Customer as
additional rent hereunder. Customer agrees to abide by all the
terms and conditions of said insurance. Customer, its agents and
employees will cooperate fully with WWR and the Customer’s
insurer in the investigation, prosecution and/or defense of any
claim or suit arising therefor and will do nothing to impair or
invalidate the applicable insurance coverage. WW’s acquiescence
in Customer’s-certificate(s) of insurance will not be deemed a
waiver or modification of Customer’s insurance, indemnity or any
other obligations under this agreement. The aforesaid customer
insurance obligation in no way limits Customer’s ultimate liability
hereunder.
10. CUSTOMER”S OBLIGATION TO INDEMINFY: For and in
additional consideration of providing the Equipment herein,
Customer will defend indemnify and hold harmless WWR its
subsidiaries, parent company and its add their officers, agents and
employees, from and against all loss, lability, claim, action or
expense, including reasonable attorney’s fees by reason of bodily
injury , including death and property damage sustained by any
person or persons, including but not limited to , employees of
Customer, as a result of the maintenance, use, possession,
operation, erection, dismantling, servicing or transportation of the
Equipment or Customer’s failure to comply with the terms of this
agreement except to the extent caused solely by the gross negligence or the intentional wrongful act of WWR.
11. CUSTOMER’S COMPLIANCE WITH THE LAW: Customer will
at its expense comply with all federal, state and local law and
regulations affecting the Equipment and its use, operation,
erection, design and transportation, including without limitation,
licensing and building code requirement and will defend,
indemnify and hold WWR harmless from all loss, lability or
expense resulting from actual or alleged violation of any such
laws, regulations or requirements.
12. NOTICE OF LOSS OR ACCIDENT: In the event of the loss or
theft or damage to the Equipment Customer agrees to notify
WWR immediately by the telephone, and thereafter to
immediately report writing to WWR and the public authorities
(where required by law or by WWR) all information deemed
relevant thereto on WWR. Customer will cause its agents and
employees to give WWR and the public authorities proper and full
information and assistance in the investigation and prosecution of
any matter resulting from said loss, theft or damage.
13. CONDITION OF THE EQUIPMENT: Customer acknowledge
having examined the Equipment upon its delivery to Customer.
Customer’s acceptance or use of the Equipment without prompt
notice to WWR that the Equipment is not in good mechanical
condition constitutes Customer’s acknowledge that the
Equipment is in good mechanical condition at that time if, during
Customer’s possession of the Equipment, it is found by Customer
not to be in good mechanical condition as a result of conditions
not the responsibility hereunder nor caused by the fault or
negligence of Customer or Customer’s employees, agents,
Customer will so notify WWR whereupon WWR will then, at this
option and without any other liability or responsibility by WWR to
Customer: (a) repair or suitably replace the Equipment within a
reasonable time during WWR’s normal working hours with the
commencement of running of the terms of this Agreement to be
tolled for the period the Equipment is “down” or ; (b) remove the
Equipment and terminate this agreement and refund payment or
rental charges, if any, of the unexpired term of this Agreement,
less whatever is due WWR for damage to or maintenance of
Equipment which is, the responsibility of Customer. Customer
agrees to provide full access to the Equipment to WWR’s
representatives to enable WWR to meet its responsibilities
hereunder. Notwithstanding the foregoing provisions of this
Paragraph 13. Customer agrees to indemnify and hold harmless
WWR its subsidiary and affiliated companies, parent company and
its and their officers, agents, and employees, to the extent
provided in paragraph 10 of this Agreement. THE FOREGOING IS
IN LIEU OF (I) ALL WARRANTIES EXPRESSED, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND OF (II)
ALL OBLIGATIONS OR LIABILITY ON THE PART OF WWR TO
CUSTOMER FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
ARISING OUT OF, OR IN CONNECTION WITH THE LEASING,
MAINTENANCE, USE, OPREATION, STORAGE, ERECTION,
DISMANTLING OR TRASPORTATION OF THE EQUIPMENT.
14. FORCE MAJEURE/INFRINGEMENT: Any failure of
performance by WWR due to causes beyond WWR’s reasonable
control, including, but not limited to acts of civil or military
authority, Acts of God, labor difficulties, failure of transportation
and delays of suppliers, will not be deemed to be a default by
WWR. WWR will not be liable to Customer for infringement of any
type resulting from the leasing, performance or use of the
Equipment and services provided hereunder.
15. LATE PAYMENT FEE: Should Customer fail to pay any invoice
to WWR in accordance with the terms of such invoice, Customer
will pay a late payment to WWR on such delinquent payment until
full paid at the maximum rate allowed by laws of the jurisdiction
in which the WWR branch specified on Front is located.
16. REFUELING SERIVCE CHARGE: WWR agrees to provide the
Equipment to the Customer with full fuel tank(s). If Customer
returns the Equipment with fuel tank(s) less than full, Customer
will pay to WWR a sum equal to WWR’s then applicable refueling
service charged posted at WWR’s branch where the Equipment is
returned for the number of gallons required to refuel tank(s) at
the time of return.
17. ATTORNEY’S FEES: In the event of any action to enforce this
Agreement or to seek declaration of rights or responsibilities
hereunder, the prevailing part will be entitled to reasonable
attorney’s fees in addition to all other costs and expenses allowed
by law.
18. MERGER/MODIFICATION/SEVERABILITY: This Agreement
expresses the entire Agreement between the parties with a
respect to the subject matter hereof. No change, modification or
alteration of the terms hereof will be effective as against WWR
unless same id in writing and signed by a duly authorized officer
of WWR. Customer’s execution of this instrument and/or
acceptance of delivery of any part of the Equipment to be
furnished hereunder shall constitute Customer’s acceptance of all
of the terms and conditions contained herein, and the exclusion
of any terms and conditions otherwise stated by Customer or
contained in any of Customer’s documents that conflicts with or
limit in any way of the terms and conditions not be used to
expand or limit the actual terms and conditions hereof. This
agreement shall be governed and construed in all respects by the
laws of the STATE of PENNSYLVANIA. Customer consents to the
jurisdiction of the Court of the STATE of PENNSYLVANIA and the
United States District for the District or Pennsylvania as exclusive
forums for resolution of any disputes regarding this agreement or
any claims for loss or damages arising therefrom. If any provision, or any part of this Agreement or the application thereof and this
end the provisions of this Agreement are declared severable.