Equipment Rental Terms and Conditions

EQUIPMENT RENTAL TERMS AND CONDITIONS

  1. Full rental payment and deposit are due at time of rental. After return of the rental, the deposit will be refunded in full less any fees incurred due to overage fees, refueling, cleaning or repairs.
  2. Rental rates shall apply for the entire time equipment is away from Lessor's place of business regardless of weather, but not for lost time due to mechanical failure, unless caused by the Lessee or his agents or servants.
  3. Lessees are responsible for any loss or damage to rented equipment during the term of the equipment rental agreement.
  4. A Loss Damage Waiver (LDW) is required to help protect against costly bills for major repairs or replacement of rented equipment. A Loss Damage Waiver is not insurance. It is an agreement between Lessee and Union Farm Rental LLC that limits the Lessee’s financial responsibility for loss or damage to the rented equipment, subject to the terms and conditions of the rental agreement and any applicable Maine state law. The deductible is $1,000.00 per occurrence.
  5. Lessee may opt to use our LDW option or provide us an Insurance Binder listing the make, model, serial number and replacement value for all equipment being rented. Our LDW only covers physical damage to the rental equipment and does not cover damage to other property or any liability incurred as a result of equipment use. The customer is responsible for the deductible portion of any valid claim.
  6. It is the Lessee’s responsibility to notify us immediately concerning any defects, malfunctions or damage to the equipment. All repairs are to be performed by Union Farm Equipment. If damage makes equipment inoperative, the Lessee is exempt from rental charges on damaged equipment while it is being repaired. Repair fees incurred for damage due to Lessee’s continued use of ill functioning equipment will be the Lessee’s responsibility.
  7. Equipment will be clean, full of fuel and in good working order when it is rented and is to be returned in same condition. It is the Lessee’s responsibility to verify the condition of the equipment upon receipt. Any equipment returned to us in need of cleaning, fuel or repairs due to misuse, the Lessee will be liable for costs incurred and will be billed same.
  8. Fuel is billed at current market price per gallon. Cleaning and repair fees will be billed at current shop labor rate - $78.00 /hour. A minimum fee of $40.00 applies for cleaning or repairs.
  9. All safety equipment is to be used when operating the equipment and is not to be removed or modified. The operator(s) of the rented machine must be familiar with the safe operation of the equipment. An operation demonstration will be provided upon delivery at the Lessee’s request. Should Lessee have any questions or concerns, please contact us immediately.
  10. An Operator’s Manual will be provided with the machine. Failure to return the manual with the machine will incur a fee to replace the manual.
  11. When picking up rental equipment, the Lessee’s equipment being used for hauling and/or transporting the rental equipment must meet all DOT Safety Requirements as mandated by Maine State Law. Tow vehicle must have working trailer lighting.
  12. Lessee agrees that the equipment shall be used solely in the conduct of the Lessee’s business and within Lessee’s possession and under its control, that said equipment is to used solely by the Lessee or his employees and for the purposes for which it was intended, that said equipment will be operated only by competent employees of Lessee and shall not be used beyond its normal capacity.
  13. When equipment is not in use, it will be kept in a protected area.
  14. The Lessee shall have no right to neither sublease the said equipment nor remove it from the County and State specified in this contract without the written consent of the Lessor.
  15. Title to the equipment shall at all times be vested in the Lessor unless transferred to the Lessee through sale. The Lessee shall give Lessor immediate notice of any levy attempted upon said equipment, or if said equipment from any cause becomes liable to seizure, and to indemnify Lessor against all loss and damage caused by any such action.
  16. The Lessee agrees to comply with and conform to all Municipal, State and Federal laws relating to the operation of said equipment and to pay all costs and expenses of every character occasioned by or involving the use or operation of the equipment.
  17. Lessee acknowledges that each item of equipment is of a size, design and capacity selected by Lessee and that the same is suitable for Lessee’s intended purposes.

LESSOR'S SOLE AND EXCLUSIVE WARRANTY IS AS FOLLOWS:
Lessor warrants to Lessee that the equipment covered by this lease will be delivered to Lessee free from defects in material and workmanship when used under proper and normal conditions. Should any failure to conform to the above sole and exclusive warranty appear during the term of this lease, and provided no such defects are in any way attributable to the fault of Lessee, Lessor will repair or replace the equipment, at Lessor's option.

The foregoing warranty shall not apply to damage or defects caused by ordinary wear and tear and is exclusive and in lieu of all other warranties whether written, oral, express or implied (including any warranty of merchantability or fitness for purpose). The remedies under this warranty are exclusive and Lessor neither assumes nor authorizes anyone else to assume for it any other obligation, the above sole and exclusive warranty shall constitute Lessee’s sole remedy and the sole liability of Lessor under any legal theory or theories whatsoever including without limitation under warranty, tort, fraud or contract legal theory, the sole and exclusive warranty does not include reimbursement for the expenses of labor, transportation, installation, removal from the line or any other expenses which may be incurred by Lessee.

In no event shall Lessor be liable for any penalty or for any special, liquidated, indirect or consequential damages, such as but not limited to lost profits or revenues, time lost or any other damage or injury suffered by Lessee or any other person while the equipment is inoperable for any reason and no deductions shall be made from rental payment therefore. The receipt and acceptance by the Lessee of the equipment shall constitute acknowledgment that the equipment is in good, safe and serviceable condition and fit for use, unless Lessee makes a claim of the contrary to Lessor within three (3) days after receipt of the equipment.

No alteration or modification of this Lease is valid unless in writing and signed by the parties hereto. Lessee acknowledges receipt of a signed copy hereof.

ALL TERMS AND CONDITIONS STATED ABOVE ARE A PART OF THIS CONTRACT. IN WITNESS WHEREOF, the parties hereto have on the day and year first above written hereunto set their hands and seals.

BY SIGNING THIS LEASE, LESSEE AGREES TO THE TERMS AND CONDITIONS SET FORTH ON THE FACE HEREOF. ANY DIFFERENT OR ADDITIONAL TERMS, WHETHER WRITTEN OR OTHERWISE, ARE HEREBY OBJECTED TO AND SHALL HAVE NO LEGAL FORCE OR APPLICABILITY WHATSOEVER.

SAFETY CERTIFICATION
I have read this Equipment Rental Agreement and certify that the information contained herein is true and correct. I certify that at the time of delivery of the leased equipment, I was instructed in the proper and safe operation of the equipment, safety features and the purposes for which it was designed to be used. I further certify that, at the time of delivery, all applicable safety features of the leased equipment were installed and operational.