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Rental Terms and Conditions

One Call Rentals Washington

Rental Agreement Terms and Conditions

  1. This Rental Agreement (“Agreement”) is not an acceptance of the terms and conditions of any prior or subsequent offer or order of Customer and any such terms and conditions are expressly rejected. Customer, by signing this Agreement accepts Owner's offer contained herein and such acceptance of this offer is expressly limited to its term and this Agreement shall become the final written expression of agreement between Owner and Customer, constituting the entire agreement between Owner and Customer as to the rental and possible purchase of the Equipment and superseding all previous communications, either verbal or written. The Equipment is as described on the front of this document and may consist of any Commercial Motor Vehicle (“CMV”). Any subsequent submission of an order or similar document concerning the Equipment rented herein also constitutes an unqualified acceptance of this offer notwithstanding terms and conditions in said order or other document to the contrary. Under no circumstances shall any terms and conditions of Customer's business forms apply to this Agreement and reference herein to any order or other communication is only for the purpose of identifying the Equipment rented. This Agreement may be modified only through written approval of both parties. Notwithstanding the foregoing, (a) Owner shall be entitled to unilaterally correct minor errors and omissions committed by Owner’s employees while completing this Agreement, such as correction of details regarding sales tax, freight, insurance, filing fees, spelling, serial numbers, legal name and similar subjects; and (b) the terms of any Master Rental Agreement shall control over any inconsistent terms set forth herein.
  2. Customer shall pay Rent from the date Equipment is shipped by Owner until the Equipment is returned. Unless otherwise stated, rentals will be invoiced on a 4 week (28 day) cycle.   Single shift operation constitutes 8 hours if rented daily, 40 hours if rented weekly, and 160 hours if rented for a 4 week period.   Customer will pay full minimum rental rate for appropriate period during term of rental even if unit is not used for number of hours noted.   Customer shall pay an hourly overtime charge as reasonably determined by Owner, which may be based on the following: (a) if rented daily, 1/8 of the daily Rent; (b) if rented weekly, 1/40 of the weekly Rent; and (c) if rented for a 4 week period, 1/160 of the monthly Rent. Customer shall notify Owner on the date that Customer desires the rental period to terminate. Owner shall issue a release number during its normal business hours if requested by Customer. The date on which Customer ceases using the Equipment and returns it or makes it available for return after it receives such release number is referred to as the End Date. Customer is responsible for released Equipment until it is returned to or picked up by Owner. Rental rates hereunder shall not be subject to reduction on account of non-working time. Owner shall not be liable for rental reduction or rebates if the Equipment is not in operating condition or is not available for use during the term of this Agreement due to matters beyond Owner's control.
  3. Demonstration usage shall be subject to these same Terms and Conditions and be viewed as a rental, other than there will no charge for demonstration usage for up to 10 hours. Any hours used during a demonstration beyond 10 hours will result in an hourly or daily charge as determined by Owner in its reasonable discretion as set forth above in section 2.
  4. The Equipment is as described on the face of this Agreement, and includes all attachments, accessories, replacement parts and safety items, whether installed by or at the expense of Owner or Customer. Unless Customer picks up and returns the Equipment or the Equipment is being provided for demonstration usage, Customer is responsible for all reasonable transportation costs charged by Owner to deliver and/or pick up the Equipment. Customer is responsible to assemble and disassemble the equipment as required for transportation and safety purposes, and unless the Equipment is being provided for demonstration usage, shall assemble and disassemble any ship loose items so that the Equipment is returned in the same condition as it was when picked up or delivered. If the Equipment is being provided for demonstration usage, Owner shall assemble and disassemble any customary accessories and ship loose items, although Customer may be required to assemble and disassemble any accessories that are not provided by Owner. Customer shall not make any modifications, additions, or changes to any Equipment except with Owner’s written consent and upon terms and conditions reasonably acceptable to Owner. Except as provided below, Owner shall perform any and all repairs to Equipment. Owner shall have the right to inspect any Equipment at any time and, if necessary, Customer shall provide Owner with access to any site for such purpose.
  5. Customer shall perform daily inspections of and maintain Equipment in accordance with machine operating and maintenance guide. The Customer shall use the manufacturer’s recommended filters and specified grades of oil and lubrication as contained in manufacturer's various lubrication and maintenance guides. If requested by Owner, Customer shall perform or arrange for the performance of scheduled oil sampling. Customer shall replace all hoses, belts and missing or broken bolts, ground engaging tools that have exceeded their normal wear life as directed by Owner (ex. - ripper shanks, bucket teeth, cutting edges) and perform similar minor repairs. Customer agrees to provide evidence of any and all daily and routine maintenance as requested by Owner. Customer shall pay for all repairs at Owner’s prevailing rates due to fault of Customer, broken glass, adjustments for damaged tires, adjustments for pre-mature undercarriage wear, excessive wear of ground engaging tools, and all other repairs beyond the normal wear and tear determined by the Owner. Customer agrees to the undercarriage, excessive tire wear and excessive ground engaging tool terms contained on Owner’s web-site at clevelandbrothers.com and agrees that Owner can exercise its reasonable discretion in determining if there has been excessive wear. Customer shall immediately notify Owner of all mechanical failures, damage to Equipment and other conditions requiring repair. FAILURE TO NOTIFY OWNER OF THESE CONDITIONS WILL: (a) OBLIGATE CUSTOMER FOR ALL REPAIR COSTS REGARDLESS OF CAUSE, and/or (b) RELEASE OWNER OF ANY AND ALL LIABILITY ASSOCIATED WITH OR CAUSED BY ANY MECHANICAL FAILURE OR DAMAGE TO THE EQUIPMENT. Customer shall return Equipment to Owner full of fuel, in clean condition, and free of hazardous substances, with all attachments, accessories, replacement parts, and safety items. If Equipment is not returned in such condition, Customer shall pay all costs for repairing, refueling and/or cleaning the Equipment at Owner’s prevailing and standard rates. Customer shall continue to be responsible for the payment of rent if the Equipment needs to be repaired as a result of Customer’s acts or omissions, or if there is any legal bar to using the Equipment due to Customer’s acts or omissions, including, but not limited to, any demand or Order that the Equipment not be used and/or preserved in its current condition as part of any actual or threatened claim or litigation proceeding.
  6. Customer shall provide a skilled, or if required by law or regulation, licensed and/or certified operator for the Equipment, which shall include a driver of a CMV, if such is required for operation of the Equipment, who shall be an employee or independent contractor of Customer or, if Customer is an individual, may be Customer. Customer shall transport and use the Equipment in accordance with all operation manuals and all Federal, state or local laws, rules, regulations and safety codes, including, but not limited to, the Occupational Safety and Health Act ("OSHA"), current regulations and standards applicable under OSHA ("OSHA Standards"), and the Federal Coal Mine Health and Safety Act of 1969 ("Coal Mine Act") (collectively “Laws”). Whenever the Equipment is a CMV and the Customer is a business that has its own operating authority, Customer shall place its own placard on the CMV and cover up Owner’s placard so as to indicate it is being operated under Customer’s own operating authority and not Owner’s operating authority. Unless approved in writing by Owner, Customer shall not use any CMV to tow a trailer or haul any hazardous materials, and if so approved, shall comply with all Laws regarding such activity.   Customer recognizes that by renting a CMV it has control of and is responsible for operating the CMV in compliance with requirements prescribed by any applicable Law, including, but not limited to those Laws promulgated and enforced by the USDOT and by similar state governmental entities. It is Customer’s sole responsibility to determine what Laws apply to Customer when operating and when in possession of a CMV, and for ensuring that any driver also complies with such Laws. Customer will comply with any request by Owner to assist in complying with any applicable Law, including, but not limited to, making the CMV available for inspection by any authority, as may be required under any applicable Law. IN ACCORDANCE WITH SUCH APPLICABLE LAW, OWNER COOPERATES WITH ALL UNITED STATES FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT OFFICIALS TO PROVIDE THE IDENTITY OF CUSTOMERS WHO OPERATE a CMV rented from Owner.   Customer shall provide any notices required by any Law. Customer shall be solely responsible for complying with all safety Laws regarding operation of the Equipment and the conducting of its activities at the job site. Customer shall be solely responsible for all wages, taxes, insurance, and benefits related to Customer’s employment of operators.   Customer shall be solely responsible for all training and instructions provided to the Equipment operator and releases Owner from any and all claims related to improper or inadequate training. Customer acknowledges that use of the Equipment may require Customer to comply with various Laws. Customer acknowledges that Owner has instructed Customer that the Equipment may require certain additional safety guards, electrical connections or components, accessories and other devices (“Additional Items”) before it can be used in compliance with the dictates of applicable Laws. Customer hereby assumes the entire responsibility for notifying Owner as to the required Additional Items as any Law may dictate, notwithstanding that Owner may not provide such Additional Items with the Equipment. Unless otherwise provided, the Owner shall arrange for the installation of any such Additional Items and charge the cost thereof to Customer. Customer shall not operate the Equipment without any required Additional Items. Customer hereby releases Owner and Owner's officers, agents and employees from any and all claims arising from any transportation and use of the Equipment rented herein in violation of all operation and maintenance manuals and the dictates of any Law.
  7. Customer assumes all responsibility for the selection of the Equipment as appropriate to achieve the results intended by Customer. Customer shall be solely responsible for the improper or inadequate use of the Equipment. ALL EQUIPMENT IS RENTED BY CUSTOMER “AS IS.” OWNER DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES EXPRESS, IMPLIED AND STATUTORY. No agent, employee or representative of Owner has any authority to bind Owner to any warranty concerning any Equipment rented under this Agreement. Customer acknowledges that Owner is not the manufacturer of the Equipment. Owner’s sole liability and Customer’s sole remedies in any cause of action based on contract, tort or otherwise in connection with the Equipment, shall be: (i) if Equipment is not operational during any rental period for more than 24 hours, to issue a credit, prorated on an hourly basis based on the applicable rental rate, to Customer for any time during a rental period that Equipment is not operational, provided that OWNER is timely notified that such Equipment is not operational; (ii) repair or replace Equipment with similar Equipment, subject to availability; or (iii) terminate the rental of such Equipment. Customer waives and releases Owner from and Owner shall not be liable for any special, indirect, consequential, punitive or incidental damages (including without limitation lost profits, loss of goodwill and business interruption) arising out of or related to this Agreement or the rental of Equipment.
  8. Unless Owner is notified and provides its written consent in advance, Customer shall not use Equipment at a site at which hazardous substances are present.   If during the period when the Equipment is within Customer's custody or control the Equipment is exposed to, or otherwise becomes contaminated by, any substance now or hereafter defined as a "hazardous substance" by any Federal, state or local law or regulation, Customer shall be solely responsible for decontaminating the Equipment in accordance with the OSHA Standard entitled "Waste Operations and Emergency Response" (codified at 29 C.F.R. § 1910.120), the NIOSH/OSHA/U.S. Coast Guard/EPA criteria document entitled "The Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities" and all other applicable Federal, state or local laws or regulations. In addition, at the time of returning the Equipment and if requested by Owner, Customer shall provide Owner with a "Decontamination Certificate" in the form provided by Owner.   If Customer fails to comply with the above obligations, Owner shall have the right, in addition to all other remedies otherwise available to it, and in its sole discretion, to either (1) refuse to accept return of the Equipment, or if accepted, to return the Equipment to the Customer, until such time as Customer had complied with such obligations; or, (2) cause the Equipment to be decontaminated to Owner's sole satisfaction and at Customer’s cost. Rent shall continue to be charged until such time as the Equipment is properly decontaminated.
  9. Customer shall provide the insurance as required by and otherwise be bound by the attached “Insurance Addendum.”   Notwithstanding the insurance requirements and Loss Damage Waiver provisions set forth on the front of this document or elsewhere, Customer will be responsible to pay for any deductible in excess of any LDW deductible amounts and all damage caused by Customer, which shall include its contractors and/or their subcontractors or anyone for whom they are legally responsible, which is not covered by Owner’s or Customer’s insurance.   If Customer damages the Equipment it will be responsible for payment of Rent for any down time while the Equipment is being repaired. If the Equipment needs to be replaced as a result of Customer’s acts or omissions, then Customer shall be responsible for the payment of Rent until such time as Owner is able to replace the Equipment or for such other reasonable period of time as determined by Owner in its sole discretion.
  10. Customer shall defend, indemnify, and hold harmless (collectively “Indemnify”) Owner and its successors and assigns, and their shareholders, directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”) harmless against any actual or alleged loss, claims, liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees (collectively “Claim”), arising out of, in connection with, or resulting from: (i) use or operation of the Equipment; (ii) negligence, gross negligence or willful misconduct of Customer, its contractors and/or their subcontractors or anyone for whom they are legally responsible, or (iii) the breach by Customer of any provision contained in this Agreement. Customer’s obligation as set forth above shall apply even if an Indemnified Party is alleged or determined to be partially at fault for any such Claim, although Customer shall not be responsible to Indemnify any Indemnified Party for its sole fault. Customer’s obligation to Indemnify any Indemnified Party shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Customer under worker’s or workmen’s compensation acts, and Customer will Indemnify any Indemnified Party for any indemnified claim arising out of injuries to the Customer’s actual or statutory employees. The prevailing party in any action to enforce an obligation under this section shall be entitled to recover its reasonable attorney’s fees, experts’ fees, costs and expenses incurred in such action.
  11. Customer shall not: (i) assign, encumber, sublet, or otherwise transfer any Equipment; (ii) assign or delegate any of its obligations under this Agreement; or (iii) lend or otherwise permit any Equipment to be used by anyone other than Customer or its employees. Customer is not to part with possession of the Equipment, either voluntarily or involuntarily, or remove from the original job-site location as stated on front page or assign any right hereunder without the prior written consent of the Owner. Customer shall be responsible for a reasonable additional charge as determined by Owner in its sole discretion should Customer violate the terms of this section.      
  12. If Customer has been approved for credit by Owner, Owner shall invoice Customer for all Rent and other charges in arrears. Within three (3) days of Owner’s written request, Customer shall provide Owner with any payment bond that covers Customer’s obligation to make payment to Owner.   Payment shall be due within twenty (20) days of Customer’s receipt of Owner’s invoice. If Customer has not been approved for credit by Owner, Customer shall pay the entire estimated Rent and all other charges prior to delivery of Equipment. Customer shall pay interest at 1 ½% per month, or at the maximum rate permitted by law, on any amount due under this Agreement and unpaid from the date such amount is due until the date it is paid. Customer’s obligation to pay Rent and other charges is absolute and unconditional, regardless of any set-off, counterclaim, defense or other right which Customer may have or claim against Owner, or any interruption or cessation of Customer’s use or possession of any Equipment.
  13. This Agreement shall be effective from the date signed and shall continue until all Equipment is returned and accepted by Owner or it is terminated in accordance with this section. Owner may terminate this Agreement, for any reason or for no reason, by delivering written notice to the Customer ten (10) days prior to such termination; provided, that if such termination is as a result of the breach of Customer, such termination shall be effective immediately. Customer’s obligations shall survive termination of this Agreement and the return of all Equipment.
  14. Title to Equipment shall remain in Owner at all times. Customer shall, at its own expense, protect and defend Owner’s title against all liens, claims and encumbrances asserted by or through Customer and its creditors. Equipment shall remain personal property and shall not become a fixture or accession to real property, regardless of any attachment to real property. Owner reserves the right to swap the Equipment with a like kind unit upon reasonable notice to Customer. To the extent Customer desires to purchase the Equipment, the terms of any such sale shall be governed by the attached Addendum for Terms and Conditions of Sale.
  15. Default by Customer shall occur: (i) if there is any misrepresentation made by, or breach of any warranty of, Customer contained in this Agreement or any other agreement between Owner and Customer; (ii) upon the breach by Customer of any covenant or agreement of Customer contained in this Agreement or any applicable term or condition set forth on the Owner’s Web Site and referenced herein; (iii) if bankruptcy, insolvency, receivership, liquidation or dissolution proceedings are instituted by or against Customer, Customer makes any assignment for the benefit of creditors, Customer is unable to pay its obligations as they become due, or Owner, in good faith, believes that the prospect of payment of Rent or other charges due under this Agreement is impaired or Owner deems itself insecure; or (iv) if any Equipment is seized under legal process or becomes subject to a lien, claim or encumbrance asserted by or through Customer or any of its creditors. Upon a Default by Customer, Owner, at its discretion, may take one or more of the following actions: (i) terminate this Agreement; or (ii) exercise any and all remedies available at law or in equity. In any proceeding by Owner to recover possession of Equipment, Owner shall not be required to post a bond or other security or undertaking, and Customer hereby waives any right to require, and any requirement for, any such bond or other security or undertaking.
  16. The undersigned signing on behalf of Customer represents (i) that he or she is an officer, employee, agent or representative of Customer, authorized to enter this Agreement on behalf of Customer, (ii) that Customer has the requisite company, corporate, or partnership power and authority to enter into and perform its obligations under this Agreement, and (iii) the execution and delivery of this Agreement, and performance of Customer’s obligations hereunder, have been authorized by all necessary company, corporate, or partnership action and constitute valid and binding obligations of Customer, enforceable in accordance with their terms.
  17. All notices hereunder shall be in writing; delivered by electronic mail, facsimile, commercial overnight or same-day delivery service with all delivery costs paid by sender, or by registered or certified mail with postage prepaid, return receipt requested; and addressed to Customer or Owner at its respective address indicated on the Front of this document.
  18. No provision of this Agreement and no right or obligation of either party under this Agreement may be waived except by an instrument in writing signed by the waiving party. No waiver of any default, remedy or course of conduct shall operate as a waiver of any other prior or subsequent default, whether of the same or a different nature. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Customer agrees that any claims made by Customer shall be filed in the Court of Common Pleas or the United States District Court situated in Pennsylvania who maintain jurisdiction at the location from where the Equipment was rented, or if such location is outside of Pennsylvania, in the closest Court of Common Pleas or the United States District Court situated in Pennsylvania to the location where the Equipment was rented, which Courts shall have exclusive jurisdiction of all such claims. Customer shall not assert that such Courts lack personal jurisdiction over the Customer or request a transfer of venue from such Courts on the basis of improper venue or inconvenience. Customer consents to the transfer to such Courts, at Owner’s request, of any claim, action or proceeding brought in any other court, forum or tribunal. Customer agrees that any claim whatsoever brought by Customer in law or equity must be filed within one year from the date the cause of action accrued or be forever barred.   Customer shall be liable to Owner for all costs, including reasonable attorneys’ and expert’s fees, incurred by Owner as a result of any Default by Customer or otherwise incurred by Owner in enforcing this Agreement or successfully pursuing any legal action against Customer, whether at the trial court or appellate court level, and including any action to collect upon a judgment against Customer. If any provision of this Agreement is held invalid, the remainder of this Agreement will not be invalidated or affected thereby.
  19. Customer acknowledges that Caterpillar Inc. and its subsidiaries and affiliated entities (collectively "Caterpillar") and Owner each collect, use, retain, disclose, and otherwise process personal information for, among other purposes, providing information about warranty, customer marketing and promotional material about Caterpillar’s and/or Owner’s products or services. Caterpillar's Global Data Privacy Statement is available at http://www.caterpillarcom/dataprivacy. Owner’s privacy statement is available at: https://www.clevelandbrothers.com/privacy-statement. Owner and Caterpillar may share or disclose said personal information with the other. Customer agrees that nothing contained herein impacts any authorization or consent previously provided to Caterpillar or Owner.
  20. In the event any Equipment is equipped with Product Link, Customer understands data concerning the Equipment, its condition, and its operation is being transmitted by Product Link to Caterpillar Inc., its affiliates (Caterpillar), and/or its dealers to better serve Customer and to improve upon Caterpillar products and services. The information transmitted may include: machine serial number, machine location, and operational data, including but not limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers, and installed attachments. Caterpillar will not sell or rent collected information to any other third party and will exercise reasonable efforts to keep the information secure. Customer agrees to allow this data to be accessed by Caterpillar and/or its dealers. Customer also consents to the presence, operation and functioning of any similar data transfer feature of any other equipment manufacturer or any type of telematic data communication system utilized with the Equipment.