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BREADCRUMB
1. Legal Terms and Conditions
2. Rental Service Terms - US (English)
RENTAL SERVICE TERMS - US (ENGLISH)
RENTAL OF EQUIPMENT FROM OR PROVISION OF SERVICES BY UNITED RENTALS
LAST UPDATE: JUNE 1, 2022
Please read carefully. This agreement includes an indemnification clause, a
class action and jury waiver, and limitations of United’s liability. By
accepting delivery of the Equipment or Services (defined below) or making
payment(s) to United for the same, Customer agrees to be bound by the Rental and
Service Terms and Rental Protection Program (“RPP”) Terms (if applicable), even
if the Rental and Service Agreement has not been fully executed.
View Rental Protection Plan Terms
1. DEFINITIONS
“Agreement” means the Reservation Details (as defined below), together with any
associated Rental and Service Agreement (as defined below), including these
Rental and Service Terms which are incorporated by reference therein.
"Customer" means the person or entity identified in the Reservation Details or
any representative, agent, officer or employee of Customer.
“Equipment" means any one or more of the items identified as rental items in the
Reservation Details and any accessories, attachments or other similar items
delivered to Customer including, but not limited to, Telematics Devices (as
defined below), the Wedge System (as defined below), air hoses, electric cords,
blades, welding cables, liquid fuel tanks and nozzles.
“Qualified Operator” means any individual who is permitted by Customer to
operate the Vehicle. This includes individuals identified in the Rental and
Service Agreement as additional QUALIFIED OPERATOR(S). All Qualified Operators
must have a valid operator’s license (as applicable), and relevant experience
and training to operate the Vehicles and/or Equipment. By operating the Vehicle,
a Qualified Operator will be deemed jointly and severally responsible for
Customer’s obligations related to the Vehicle and for any obligations that the
Rental and Service Agreement imposes on a Qualified Operator of the Vehicle.
“Rental and Service Agreement” means the agreement made between Customer and
United for United to rent Equipment and/or provided Services, whether that
Agreement is made in person at the Store Location, online, or at the time of
Equipment delivery, and which incorporates by reference these Rental and Service
Terms and which identifies the Equipment to be rented by Customer. The Agreement
incorporates these Rental and Service Terms by reference.
“Rental Period” means the period of time between the “Rental Out” and “Scheduled
In,” set forth in the Rental and Service Agreement, except that the Rental
Period may terminate earlier as provided in Sections 21 and 29 hereof or if
Customer returns the Equipment earlier. “Credit Card” means the credit card
provided by Customer as part of this Agreement or otherwise kept on file with
United.
“Reservation Details” means the Equipment, Rental Period, delivery information,
payment information and other information set forth on the Confirmation/Order
Summary Screen or the Rental and Service Agreement, as the case may be.
“Service” or “Services” means the delivery, pick up and repair of Equipment and
other services provided by United in connection with the rental of Equipment,
including Trench Services, Scaffolding Services, Portable Sanitation Services,
Fluid Solutions Services, Power and HVAC Services and Tool Services (each as
defined in Section 24 below).
“Specialty Media” means specialty filtration materials purchased in connection
with the rental of Equipment used for fluid solutions, such as sand, gravel,
carbon, or other materials used to remove certain contaminants or other
materials.
"Store Location" means the United address set forth in the Rental and Service
Agreement.
“Tanks” means the Equipment identified as rental items as part of the Fluid
Solutions Services in which Customer stores materials.
“United" means United Rentals (North America), Inc.
“Vehicle” means a motor vehicle identified as the rental item(s) in a Rental and
Service Agreement, reservation detail, or similar document; and “Vehicles”
collectively refers to each such Vehicle.
“Non-Hazardous Waste” means any material, substance or waste that does not fall
under the definition of “Regulated Materials” defined in Section 7(B).
2. AUTHORITY TO SIGN; FORM CONTRACTS
Any individual signing the Agreement represents and warrants that he or she is
of legal age and has the authority and power to sign this Agreement on behalf of
Customer.
3. INDENMNITY / HOLD HARMLESS
INDEMNITY / HOLD HARMLESS. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER
AGREES TO INDEMNIFY, DEFEND AND HOLD UNITED, AND ALL OF ITS RESPECTIVE OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES,
HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS
(INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS
INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO
PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING
OUT OF OR RELATED TO THE (A) INSTALLATION, OPERATION, USE, ALTERATION,
MODIFICATION, REMOVAL, POSSESSION OR RENTAL OF THE EQUIPMENT, (B) CLAIMS BY ANY
CUSTOMER EMPLOYEE, AGAINST CUSTOMER, INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT
CUSTOMER FAILED TO DISCLOSE OR OBTAIN CONSENT TO DATA COLLECTION CONTEMPLATED
UNDER THIS AGREEMENT OR (C) ERRORS, OMISSIONS, INACCURACIES OR
MISREPRESENTATIONS (WHETHER INTENTIONAL OR INADVERTENT) IN THE DOCUMENTS OR
OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS (INCLUDING ANY
THIRD-PARTY DOCUMENTS OR DOCUMENTATION), UPON WHICH UNITED RELIES WHEN PROVIDING
THE EQUIPMENT OR SERVICES. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS
ASSERTED AGAINST UNITED BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION.
HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY UNITED FOR THAT PART OF
ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR
SOLE NEGLIGENCE OF UNITED. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE
INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY
AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE
AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF
LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE DUTY
TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE
EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.
4. INSPECTION OF EQUIPMENT
Customer acknowledges that Customer has inspected the Equipment prior to taking
possession thereof, finds it in good working order and repair, and suitable for
Customer's needs. Customer further acknowledges that Customer has inspected the
propulsion tank of vehicles registered and licensed, or required to be
registered and licensed, for use on any highway or public road prior to taking
possession thereof, and such propulsion tank contained no dyed fuel. Customer
has inspected or will inspect all hitches, bolts, safety chains, hauling
tongues, and other devices and materials used to connect the Equipment to
Customer's towing vehicle, if any. Customer acknowledges United is not
responsible for any damage to Customer's towing vehicle caused by detachable
hitches or mirrors. With respect to the rental of Tanks, Customer shall take
independent action to ensure that any materials Customer stores in the Tanks are
chemically compatible with the Equipment. Customer shall provide United with
the safety data sheet (“SDS”) or verified laboratory tests that identify the
material Customer stores in the Tanks. For Tanks subject to the West Virginia
tank law, Customer agrees that Customer has received a copy of the Certificate
to Operate for each Tank identified rented under this Agreement. If Customer
discovers any malfunction or defect in Equipment, Customer shall promptly notify
United. Customer shall abide by all third party manufacturer requirements
regarding repair, maintenance, and notice.
5. LIMITATION OF LIABILITY
In no event shall United be liable or responsible to Customer or any other party
for: (i) any loss, damage or injury caused by, resulting from or in any way
connected with the Equipment, its operation or its use, or Services; (ii)
United's failure to deliver the Equipment as required hereunder or United's
failure to repair or replace non-working Equipment; or (iii) any incidental,
consequential, punitive or special damages, including damages resulting from the
delay to any ongoing projects, in connection with this Agreement or its subject
matter under any legal or equitable theory, including breach of contract, tort
(including negligence), strict liability, or product liability, even if so
advised of the possibility of such damages, if such damages were otherwise
foreseeable, and notwithstanding the failure of any agreed or other remedy of
its essential purpose. Customer acknowledges and assumes all risks inherent in
the operation, use and possession of the Equipment from the time the Equipment
is delivered to Customer until the Equipment is returned to United and will take
all necessary precautions to protect all persons and property from injury or
damage from the Equipment.
6. CUSTOMER RESPONSIBILITIES
Customer shall provide United with the information and the documentation United
requests to assess, plan, and perform the Services and/or provide the Equipment.
All Equipment is provided, and Services are performed, based on information
provided by Customer or others, including the Database Information (as defined
below), and United is relying on the accuracy and completeness of such
information in providing the Equipment and performing such Services. Customer
recognizes that it is impossible for United to assure the accuracy, completeness
and sufficiency of information provided by others, either because it is
impossible to verify, or because of errors or omissions that may have occurred
in assembling such information. Customer is responsible for providing a secure
and safe work environment for all parties, including United and its employees,
and for ensuring that the Services are carried out in compliance with applicable
laws. In the event that United, in its sole discretion, determines that it is
unable to perform the Services because Customer has not provided a secure and
safe work environment, United reserves the right to refuse to provide the
Services and/or provide the Equipment without any liability whatsoever to
Customer and Customer shall be responsible for any increased costs incurred by
United.
7. EQUIPMENT USE
1. Use of equipment. Customer is familiar with the proper operation and use of
each item of Equipment. Customer has selected the Equipment based on its
requirements and will not use or allow anyone to use the Equipment for an
illegal purpose or in an illegal manner; without a license, if required
under any applicable law; or who is not a Qualified Operator. Customer shall
not insert, or permit to be inserted, any dyed fuel into the propulsion tank
of vehicles registered and licensed, or required to be registered and
licensed, for use on any highway or other public road. In addition, Customer
shall only use ultra-low-sulfur diesel fuel (“USLD”) in equipment with tier
5 engines. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD UNITED HARMLESS
FROM ALL FINES, PENALTIES, DAMAGE TO EQUIPMENT AND ANY OTHER COSTS INCURRED
BY UNITED DUE TO DYED FUEL BEING INTRODUCED INTO THE PROPULSION TANK OF SUCH
VEHICLES. Customer agrees to: (i) check filters, oil, fluid levels and tire
air pressure; (ii) clean and visually inspect the Equipment daily; and (iii)
immediately cease using the Equipment and immediately notify United if
Equipment needs repair or maintenance. Customer acknowledges that United has
no responsibility to inspect the Equipment while it is in Customer's
possession. United shall have the right to replace the Equipment with other
reasonably similar equipment at any time and for any reason.
2. Regulated Materials. If Customer intends to use the Equipment for the
storage and handling of Regulated Materials (as defined herein), the
following terms set forth in this Section shall apply.
1. Definitions. “Regulated Materials” includes any material, substance or
waste that falls into the following five categories: (i) “Hazardous
Materials,” as defined or listed or regulated by any local, state, or
federal government authority; (ii) “DOT Hazardous Materials,” as defined
or identified as “hazardous material” by the Department of Transportation
as set forth in 49 C.F.R. Parts 171 to 180; (iii) “Polychlorinated
Biphenyls” or “PCBs,”meaning any chemical substance that is limited to
the biphenyl molecule that has been chlorinated to varying degrees or any
combination of substances which contains such substance, and which are
regulated under the Toxic Substances Control Act and its implementing
regulations found at 40 C.F.R. part 761; (iv) “Radioactive Materials,”
identified by any local, state, or federal government authority as being
radioactive; and (v) “Infectious Materials,”meaning any infectious
substance, material, or waste that is defined, listed, or regulated by
any local, state, or federal government authority.
2. Tank Testing. Customer acknowledges that the Equipment may have contained
Regulated Materials in the past. Customer may, at Customer's expense,
test the Equipment for the presence of residual amounts of Regulated
Materials prior to taking possession of the Equipment. In the event that
residual amounts of Regulated Materials are detected in the Equipment by
preliminary testing, Customer may notify United and request new Equipment
or Customer may terminate the rental. If Customer elects to continue use
of the Equipment or elects not to test the Equipment, Customer will be
bound by the terms set forth herein and waives any right to object to the
presence of Regulated Material in the Equipment resulting from any prior
use, and agrees that the Equipment is suitable for Customer’s intended
use. Upon expiration or termination of the Rental Period, but before the
Equipment is returned to United, Customer shall, at Customer’s sole
expense, remove all Regulated Materials from the Equipment and clean the
Equipment to one of the following standards: (i) for Hazardous
Substances: to the RCRA “empty” condition, as defined in 40 C.F.R. §
261.7(b)(3) (“RCRA Empty Condition”); or (ii) for DOT Hazardous
Materials, PCBs, Radioactive Materials, or Infectious Materials: to
Non-detect contamination levels (“NDCL”).
3. Cleaning. Prior to return, Customer shall clean the Equipment in
accordance with the following requirements: (i) Cleaning must be
performed by an independent contractor acceptable to United; (ii) it must
be documented to United’s satisfaction; (iii) When a NDCL is required,
Equipment must be triple-rinsed using a solvent capable of removing
Regulated Materials, then purged to remove any vapors. Equipment can also
be cleaned by another method capable of achieving equivalent removal to a
NDCL; (iv)For Radioactive Materials, cleaning must comply with cleaning
procedures set forth in the U.S. Nuclear Regulatory Commission’s (“NRC”)
Regulatory Guide 1.86 to achieve a NDCL; and (v) the independent
contractor must certify that the cleaning meets the above specifications.
4. Sampling. After cleaning, Customer will confirm the Equipment’s RCRA
Empty Condition or NDCL, as applicable, by obtaining a professional
written laboratory analysis of representative samples taken from various
internal parts of the Equipment. Customer agrees the sampling must be:
(i)performed by an independent contractor acceptable to United; (ii)
documented to United’s satisfaction; (iii) taken from various internal
parts of the Equipment including at a minimum, the floor, the underside
of various cross-braces, and each wall (“Representative Samples”); (iv)
conducted in the presence of and pursuant to the direction of a
designated employee of Unite Customer agrees to contact United to
schedule an appointment for an employee of United to witness the sampling
not less than ten (10) business days prior to the termination of the
rental term. For intermodal, roll-off, and vacuum container Equipment, in
addition to the above requirements, Customer agrees that: (vi) Initially,
20% of the intermodal, roll-off, or vacuum container Equipment rented by
Customer will be tested by the third-party laboratory. Based on
satisfactory initial sampling results, and United’s sole discretion, that
figure may be reduced to 10%, random sampling; (vii) If liners are not
used, or if any intermodal, roll-off or vacuum container Equipment fails
the testing procedures outlined in Section 3(b), then 100% sampling of
all intermodals, roll-offs or vacuum container equipment will be
required.
5. Sample Analysis. Customer agree that the analysis of the sampling must:
(i) be performed by a laboratory acceptable to Lessor that is certified
to perform such analysis by the state in which the Equipment is located;
(ii) be documented to Lessor’s satisfaction, and must include a record of
the chain of custody for the Representative Samples; (iii) meet or exceed
protocols established by the U.S. Environmental Protection Agency (“EPA”)
or the NRC, as applicable.
6. Return. Customer shall return the Equipment in a RCRA Empty Condition or
NDCL in accordance with the terms set forth herein. If the Equipment does
not meet the standard, Customer will undertake additional cleaning of
Equipment, in accordance with all applicable law, to meet the standard,
and will provide United with written evidence of same. United will not
pick up the Equipment and Customer will continue to pay rental charges
until the Equipment has been cleaned to the standards specified herein.
In the event that Customer is unable to clean the Equipment in accordance
with the terms set forth herein, Customer shall pay United for the full
replacement value of the Equipment, plus any applicable taxes. Customer
agrees that in such event it assumes full ownership of and responsibility
for the Equipment and any residual contents and all related liability for
the management, transportation and disposal of such Equipment in
accordance with all applicable laws. Customer agrees that it shall be the
generator of any hazardous, solid, or radioactive waste generated as a
result of Customer’s failure to return the Equipment in a RCRA Empty
Condition or NDCL, and of any residual materials resulting from
Customer’s attempt to clean the Equipment. Customer further agrees to
indemnify, defend and hold United harmless for any liability incurred by
United as a result of Customer’s breach of its obligations in this
Section or as a result of United being deemed a "generator" under
applicable environmental laws. The foregoing indemnity obligation shall
survive the termination or expiration of this Agreement.
8. COMPLIANCE WITH APPLICABLE LAWS
Customer shall, at Customer's sole expense, comply with all applicable
municipal, state, and federal laws, ordinances and regulations (including but
not limited to those relating to worker safety or the environment), building and
zoning codes, professional licenses, and licenses and permits which may apply to
the use of the Equipment (“Licenses and Permits”). Licenses and Permits include,
without limitation, the discharge of treated water, and disposal of waste or
spent Specialty Media or other materials, and security, traffic control and road
crossings associated with the use of the Equipment. When transporting
Non-Hazardous Waste, United shall not be deemed to have taken license of any
Non-Hazardous Waste and Customer shall remain the generator of such waste.
Customer shall be subject to the provisions of Section 7(B) if any materials
being transported are “Regulated Materials” as defined therein. Customer shall
ensure that the Equipment at all times remains movable personal property.
Customer shall not permit or allow the Equipment to be incorporated, attached or
joined to any real or immovable property such that it causes the Equipment to be
deemed a fixture.
1. IN CALIFORNIA ONLY: If any of the Equipment is power-operated or
power-driven excavating or boring equipment, it is the sole responsibility
of Customer to follow the requirements of the regional notification center
law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of
Division 5 of Title 1 of the Government Code. By signing this Agreement,
Customer accepts all liabilities and responsibilities contained in the
California regional notification center law.
2. IN CALIFORNIA ONLY: For Equipment subject to California's Portable Equipment
Registration Program, Customer acknowledges receipt of a written copy of the
registration for each engine.
3. IN WEST VIRGINIA ONLY: To the extent Customer rents any Tanks from United
which are rented, transported, or used in West Virginia, Customer agrees to:
(i) notify United before moving any Tanks; (ii) notify United whether
on-site monitoring shall be provided for overfill protection; and (iii)
comply with the Tanks’ spacing requirements of the West Virginia tank law
relating to AST spacing at installation. Customer also agrees that by using
the Tanks, Customer is agreeing that the Tanks have been installed in
accordance with West Virginia tank law requirements, and that Customer is in
receipt of copies of applicable safety and regulatory registration
materials. Customer further agrees that Customer shall comply, at Customer’s
sole cost, with all applicable requirements of the West Virginia tank law
and the West Virginia public water supply protection law, including, but not
limited to: (i) material compatibility of substances stored in any Tanks and
associated piping; (ii) routine and monthly inspections of any relocated
Tanks, or any Level 1 or Level 2 category Tanks and associated piping; (iii)
leak detection inspections; (iv) site security requirements; (v) Tank
foundation requirements; (vi) overfill protection monitoring; (vii)
secondary containment requirements; (viii) delivery restrictions; and (ix)
providing labels on the Tanks identifying on-site emergency contact
information and information related to substances stored in the Tanks.
Customer agrees to comply with the bonding and financial assurance
requirements of the West Virginia tank law and to provide United with
evidence of such compliance based on Customer’s use of the Tanks.
9. WARRANTY / DISCLAIMER OF WARRANTIES
UNITED WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY
AND THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS
EXPRESSLY SET FORTH HEREIN, UNITED MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH
RESPECT TO THE EQUIPMENT, SPECIALTY MEDIA, OR SERVICES AND MAKES NO WARRANTIES
AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR
PURPOSE, INCLUDING THE PERFORMANCE OF ANY FILTRATION EQUIPMENT TO MEET ANY
APPLICABLE REGULATORY STANDARD. THERE IS NO WARRANTY THAT THE EQUIPMENT IS
SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS OR
CONTAMINANTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THE AGREEMENT, UNITED
DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH
THIS RENTAL TRANSACTION. IN THE EVENT OF A BREACH OF THE ABOVE EQUIPMENT
WARRANTY, UNITED SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR OR REPLACE THE
EQUIPMENT. IN THE EVENT OF A BREACH OF THE ABOVE SERVICE WARRANTY, UNITED SHALL,
AT ITS SOLE COST AND EXPENSE, RE-PERFORM THE SERVICE.
10. MALFUNCTIONING EQUIPMENT
Should the Equipment be involved in an accident, become unsafe, malfunction or
require repair, Customer shall immediately cease using the Equipment and
immediately notify United. If such condition is the result of normal operation,
United will repair or replace the Equipment with reasonably-similar Equipment in
working order, if such replacement Equipment is available. United has no
obligation to repair or replace Equipment rendered inoperable by misuse, abuse
or neglect. Customer's sole remedy for any failure or defect in Equipment shall
be the termination of any rental charges accruing after the time of failure.
Customer must return the Equipment to the Store Location within twenty-four (24)
hours from the time of defect in order to terminate rental charges.
11. RETURN OF EQUIPMENT / DAMAGED & LOST EQUIPMENT
At the expiration of the Rental Period, Customer will return the Equipment to
the Store Location during United's regular business hours or if United has
agreed to pick up the Equipment, United shall endeavor to pick up the Equipment
within a commercially reasonable period of time after Customer notifies United
that the Equipment is called “off rent.” Customer is obligated to restore the
Equipment to the same condition as when delivered, reasonable wear and tear (as
defined below) excepted. Tanks shall be empty of all contents as required by any
applicable federal, state or local regulation, including but not limited to
those set forth in the Resource Conservation and Recovery Act (“RCRA”).
Customer shall be responsible for all damages to or loss of the Equipment from
the time Customer takes possession of the Equipment until the Equipment is
either returned to the Store Location by Customer or picked up by United. In the
case of the loss or destruction of any Equipment, or inability or failure to
return same to United for any reason whatsoever, Customer will pay United the
then full replacement list value of the Equipment together with the full rental
rate as specified until such Equipment is replaced. If the Equipment is returned
in a damaged or excessively worn condition, Customer shall pay United the
reasonable cost of repair and pay rental on the Equipment at the regular rental
rate until all repairs have been completed. United shall be under no obligation
to commence repair work until Customer has paid to United the estimated cost
therefor. Customer agrees that United reserves the right to charge the Credit
Card and/or Customer’s account for any amount owed by Customer pursuant to this
section due to damaged or lost Equipment.
Disinfecting: During a widespread or global occurrence of an infectious disease,
for Equipment handled by a person known or suspected to be infected or used in a
known or suspected zone of infection including but not limited to permanent or
temporary healthcare facilities and testing facilities, ambulance interiors, and
biological laboratories, Customer shall disinfect the Equipment in accordance
with the following requirements: (i) disinfection must be performed by an
independent contractor acceptable to United; (ii) it must be documented to
United’s satisfaction; (iii) in the event Customer is unable to disinfect in
accordance the Equipment, United will disinfect it and charge Customer for the
costs incurred.
In West Virginia only: if Customer rents tanks, upon return to United, Customer
agrees to provide United with copies of: (i) tank inspections; (ii) any and all
updated and amended Spill Prevention and Response Plans United prepared to
reflect the presence of the tanks at the job site; (iii) routine and monthly
inspections, secondary containment area inspections, compatibility
determinations, and relocation and leak detection inspections, all at the
intervals prescribed by the West Virginia tank law for Level 1 and Level 2
classified tanks.
12. REASONABLE WEAR AND TEAR
Reasonable wear and tear of the Equipment shall mean only the normal
deterioration of the Equipment caused by ordinary and reasonable use on a one
-shift basis (as defined in Section 15 below). The following shall not be
considered reasonable wear and tear: (i) damage resulting from lack of
lubrication, insertion of improper fuel or maintenance of necessary oil, water
and air pressure levels; cavitation; or freezing; (ii) except where United
expressly assumes the obligation to service or maintain the Equipment, any
damage resulting from lack of servicing or preventative maintenance suggested in
the manufacturer's operation and maintenance manual; (iii) damage resulting from
any collision, overturning or improper operation, including overloading or
exceeding the rated capacity of the Equipment; (iv) damage in the nature of
dents, bending, tearing, staining, corrosion or misalignment to or of the
Equipment or any part thereof; (v) wear resulting from use in excess of shifts
for which rented; and (vi) any other damage to the Equipment which is not
considered ordinary and reasonable in the equipment rental industry.
13. LATE RETURN
Customer agrees that if the Equipment is not returned by the end of the Rental
Period, or if the Tanks are not in RCRA Empty Condition ( as defined below) when
United comes to the Customer site to pick up the Tanks, United, in its sole
discretion, may require Customer to do any of the following: (A) continue to pay
the rental rate(s) applicable to the Equipment as specified in the Agreement;
(B) for periods less than 24 hours, pay the full daily rental rate applicable to
the Equipment; (C) pay any increased rental rate(s) in effect at the time of,
or after, the expiration of the Rental Period; or (D) assess a pickup charge if
the Tanks are not in RCRA Empty Condition. Customer agrees that United reserves
the right to charge the Credit Card, and/or Customer’s account for any amount
owed by Customer pursuant to this section due to late return of Equipment.
14. CUSTOMER PERSONAL PROPERTY
With respect to any personal property left in or on the Equipment upon
expiration of the Rental Period, United is not a bailee or warehouseman of
Customer’s, or any other person’s, personal property. United expressly disclaims
any custody, control, or responsibility for the care of Customer’s, or any other
person’s, personal property. United or its agents may remove the personal
property from the Equipment. Under no circumstances are United or its agents
responsible for any personal property that may be lost, stolen, or damaged.
Customer personal property left in or on the Equipment upon expiration of the
Rental Period may be considered abandoned, unclaimed property in accordance with
applicable state law.
15. RENTAL PERIOD / CALCULATION OF CHARGES
Rental charges commence when the Equipment leaves the Store Location and end
when the Equipment is either returned to the Store Location during United’s
regular business hours or picked up by United after Customer notifies United
that the Equipment is “off rent” and obtains an “off rent” confirmation number
from United. Pick-up and delivery by United is subject to a “Delivery and
Pick-up Service Charge,” the amount(s) of which are disclosed on the Rental and
Service Agreement. Notwithstanding anything to the contrary in the preceding
sentence, for the rental of Tanks, the rental period continues until Customer
has emptied the Tanks of all contents and cleaned the Tanks in accordance with
all applicable regulations, including but not limited to RCRA (“RCRA Empty
Condition”) and any equivalent state clean-up laws. Rental charges do not
include the cost of the Refueling Service Charge, any applicable Taxes (as
defined below), the Delivery and Pickup Service Charge, transportation
surcharges, the cost of the Environmental Service Charge or other miscellaneous
charges, the amount(s) of which are disclosed on the Rental and Service
Agreement. Additionally, United shall invoice Customer for any additional excess
cleaning or repair costs, including: (i) removal of any alterations made by
Customer to the Equipment; (ii) restoration of the Equipment to its original
configuration; (iii) re-lining or re-painting of Tanks; (iv) disposal of any
contents left in Tanks; or (v) transportation to and from an approved repair
facility. As set forth herein, “Taxes” shall mean sales tax, goods and services
tax, property taxes (including, without limitation, the Estimated Personal
Property Tax Reimbursement Charge) or other taxes, levies and assessments
required to be collected by United from Customer at any time upon, or in respect
of, the Equipment and/or this Agreement. Rental charges accrue during Saturdays,
Sundays and Holidays. Rental rates are for normal “one-shift” usage based on an
eight (8) hours per day, 40 hours per week and 160 hours per four-week period.
On power equipment, operations in excess of one shift will be as follows: one
and one-half times the rental charge for double shift and two times the rental
charge for triple shift. Customer will truthfully and accurately certify to
United the number of shifts the Equipment was operated. Customer's right to
possess the Equipment terminates on the expiration of the Rental Period and
retention of possession after this time is a material breach of the Agreement.
TIME IS OF THE ESSENCE OF THE AGREEMENT.
IN CALIFORNIA ONLY: Customer acknowledges that an estimated personal property
tax reimbursement charge will be applied to all rented Equipment at a rate of up
to 0.75% of the rental amount. By signing this Agreement, Customer agrees to pay
this charge.
16. REFUELING SERVICE CHARGE
Customer acknowledges that a “Refueling Service Charge” will be applied to all
Equipment not returned with a full tank of fuel. The exact cost of the Refueling
Service Charge may vary depending on the rate being charged by the Store
Location on the date Customer returns the Equipment. Customer acknowledges that
the Refueling Service Charge is not a retail sale of fuel. Customer may avoid
the Refueling Service Charge if Customer returns the Equipment with a full tank
of fuel.
17. ENVIRONMENTAL SERVICE CHARGE
Due to the hazardous nature of some waste and other products, to comply with
federal and state environmental regulations, and to promote a clean environment,
United charges an Environmental Service Charge for certain rentals. The
Environmental Service Charge is not a government-mandated charge, is not
designated for any particular use, and is used at United’s discretion. The
Environmental Service Charge is 2.00% of the service charge and will not exceed
$99. Customer acknowledges the items indicated above are subject to the
Environmental Service Charge and Customer agrees to pay that Charge.
18. DEPOSIT AND PAYMENT
1. DEPOSIT: Customer’s Credit Card will be charged a deposit for the estimated
rental (up to 28 days) 24 hours in advance of the scheduled rental start
time. In addition to securing the payment of rental charges hereunder,
Customer agrees that any rental deposit shall be deemed to be a guarantee by
Customer of the full and complete performance of each and all of the terms
of this Agreement to be performed by Customer. In the event of any breach by
Customer, the deposit will be credited against any damages, cost or expense
incurred by United as a result of the breach.
2. PAYMENT: All remaining amounts due hereunder shall be payable in full upon
receipt of invoice by Customer. Customer acknowledges that timely payment of
rental and service charges is essential to United's business operations and
it would be impractical and extremely difficult to fix the actual damages
caused by late payment. Customer and United agree that there shall be added
to all past due rental charges a late payment fee equal to the lesser of two
percent (2%) per month (24% per annum) on any such payments outstanding
after 30 days, or the maximum amount allowed by applicable law. Effective
January 1, 2021 and where permitted by law, United may impose a surcharge of
1.8% for credit card payments on charge accounts. This surcharge is not
greater than United's merchant discount rate for credit card transactions
and is subject to sales tax in some jurisdictions. Rental rates do not
include sales tax, goods and services tax or other taxes, levies and
assessments required to be collected by United from Customer at any time
upon, or in respect of, the Equipment and/or the Agreement (collectively,
“Taxes”). Customer agrees that United reserves the right to charge the
Credit Card and/or Customer’s account for any amount owed by Customer
pursuant to this section due to late or past due payment(s), pickup or
delivery charge(s), extended rental(s), rental charges or Taxes. In the
event Customer asserts that a transaction is exempt from Taxes, Customer
agrees to provide a valid tax exemption certificate. Should the transaction
later be deemed taxable, Customer is obligated to reimburse United for any
Tax assessed that was attributable to Customer.
19. TITLE / NO PURCHASE OPTION / NO LIENS
With the exception of Specialty Media, the Agreement is not a contract of sale,
and title to the Equipment shall at all times remain with United. Unless covered
by a specific supplemental agreement signed by United, Customer has no option or
right to purchase the Equipment. Customer shall keep the Equipment free and
clear of all mechanics and other liens and encumbrances.
20. TIRE AND TUBE REPAIR OR REPLACEMENT
Repair or replacement of tires and tubes on Equipment is the responsibility of
Customer and is not included in the rental rate.
21. DEFAULT
Customer shall be deemed in default should Customer fail to pay any amount when
due hereunder; fail to perform, observe or keep any provision of the Agreement;
become “Insolvent” (as defined herein), or should United anticipate that
Customer may become Insolvent; or otherwise be in default. If Customer is in
default, United may do any one or more of the following: (i) terminate the
Rental Period; (ii) declare the entire amounts due hereunder immediately due and
payable and commence legal action therefor; (iii) cause United’s employees or
agents, with notice but without legal process, to enter upon Customer's property
and take all action necessary to retake and repossess the Equipment, and
Customer hereby consents to such entry, re-taking and repossession and hereby
waives all claims for damages and losses, physical and pecuniary, caused thereby
and shall pay all costs and expenses incurred by United in retaking and
repossessing the Equipment; or (iv) pursue any other remedies available by law.
Customer shall be considered “Insolvent” if Customer shall generally not pay, or
be unable to pay, or admit its inability or anticipated inability to pay its
debts as such debts become due; make an assignment for the benefit of creditors,
or petition or apply to any court or tribunal for the appointment of a
custodian, receiver, or trustee for it or a substantial part of its assets;
commence any proceeding under any bankruptcy, reorganization, arrangement,
readjustment of debt, dissolution, or liquidation law or statute of any
jurisdiction, whether now or hereafter in effect; have had any such petition or
application filed or any such proceeding commenced against it in which an order
for relief is entered or an adjudication or appointment is made; or take any
action indicating its consent to, approval of or acquiescence in any such
petition, application, proceeding or order for relief or the appointment of a
custodian, receiver or trustee for all or any substantial part of its
properties.
22. CUSTOMER'S INSURANCE COVERAGE
Customer agrees to maintain and carry, at Customer's sole cost, the following
insurance: (i) commercial auto liability insurance with at least a per
occurrence limit of $2 million; (ii) commercial general liability insurance
("CGL") (providing coverage equal to or greater than the standard ISO CG 00 01
12 04 form) with limits of insurance not less than $2 million per occurrence and
$4 million in the aggregate; and (iii) property insurance for the full
replacement cost of the Equipment, including coverage for all risks of loss or
damage to the Equipment. Customer shall obtain insurance policies that provide,
or are endorsed to provide, that all insurance required hereunder is primary and
non-contributory to any other insurance maintained by United. Customer shall
name United as an additional insured for claims arising out of the maintenance,
operation, or use by the Customer of equipment rented to Customer by United
(providing coverage equal or greater than the standard ISO CG 20 28 07 04 or its
equivalent), and, if applicable, additional loss payee for property insurance.
Customer further agrees that the amount of insurance available to United shall
be for the full amount of the loss up to policy limits of liability and shall
not be limited to the minimum requirements of this Agreement. In the event any
policy provided in compliance with this Agreement states that the insurance
afforded to an additional insured will not be broader than that required by
contract, or words of similar meaning, Customer agrees that nothing in this
Agreement is intended to restrict or limit the breadth of such insurance. Any
deductibles or self-insured retentions shall be the sole responsibility of the
Customer. All insurance required by this Agreement shall include a waiver of
rights of recovery against United or its insurers by the Customer and its
insurers, as well as a waiver of subrogation against United or its insurers. The
policies required hereunder shall provide that United must receive not less than
90 days' notice prior to any cancellation. Customer shall provide United with
documented proof of all required insurance coverage. FOR RENTAL OF EQUIPMENT NOT
LICENSED FOR ROAD USE, CUSTOMER MUST EITHER (i) ELECT TO NAME UNITED AS LOSS
PAYEE EVIDENCING PROPERTY INSURANCE COVERAGE, OR (ii) ELECT TO PURCHASE THE
RENTAL PROTECTION PLAN.
23. NO ASSIGNMENT, LENDING OR SUBLETTING
Customer shall not sublease, subrent, assign or loan the Equipment without first
obtaining the written consent of United, and any such action by Customer,
without United’s written consent, shall be void. Customer agrees to use and keep
the Equipment at the job site set forth in the Agreement unless United approves
otherwise in writing. United may at any time, without notice to Customer,
transfer or assign the Agreement or any Equipment or any moneys or other
benefits due or to become due hereunder.
24. SERVICES PROVIDED IN CONNECTION WITH RENTAL OF EQUIPMENT
1. TRENCH SERVICES. “Trench Services” may include the engineering, delivery
and pickup of the trench/shoring system (the “System”). The System is to be
used in complete accordance with any manufacturer’s tabulated data that is
provided therefor. United makes no representation or warranty about, and
shall not be responsible for, such data. If United provides an on-site
observer (“the Observer”) to observe the installation of the System,
neither the presence of the Observer at the jobsite nor the provision of
the Trench Services by United shall relieve Customer, and Customer assumes
full responsibility for, the construction means, methods, sequence,
techniques and procedures necessary to use the Equipment, including but not
limited to the assembly, installation, welding, maintenance, deflection,
dewatering and removal of the System in accordance with the requirements of
this Agreement, the Occupational Safety and Health Administration Act
(OSHA) and all other applicable federal, state, and local laws, rules,
regulations, and ordinances. Customer agrees that it shall be solely
responsible to retain, at its sole cost and expense, a competent person to
oversee the implementation of and approve, and ensure that, the assembly,
installation, welding, construction, maintenance, deflection, dewatering
and removal of the System, including field reviews thereof, is performed
and completed by or on behalf of Customer in strict compliance with all
applicable municipal, provincial, territorial and federal laws, ordinances
and regulations or otherwise prescribed by local governing bodies or
self-regulatory organizations.
2. SCAFFOLDING SERVICES.“Scaffolding Services” may include the installation
and dismantling of scaffolding, including all parts and accessories
thereto. Unless otherwise agreed to by the parties in writing, Customer
shall (i) provide a clean, unobstructed, and safe area to perform the
Scaffolding Services; (ii) move planking, sidewall brackets, and guardrails
as necessary for completion of the Scaffolding Services; (iii) install toe
boards, mesh, and/or patch ties in holes; (iv) maintain and use the
Equipment in accordance with OSHA and all other applicable state and local
regulations as well as the manufacturer’s safety rules and instructions;
(v) keep all persons (other than United employees) off and away from the
Equipment during its erection and dismantling; (vi) take reasonable steps
to protect all buildings, properties, and grounds, including but not
limited to grass and landscaping; (vii) be solely responsible for providing
all necessary and required fall protection to employees and others using
the Equipment in compliance with OSHA regulations; and (viii) be solely
responsible for determining if the ground, slab, roof, or structure(s) the
Equipment is set upon is/are capable of supporting the loads, people, and
materials used and placed upon the Equipment. In addition, Customer shall
be responsible for obtaining all required permits necessary for the
Scaffolding Services. Upon completion of the installation, Customer shall
sign the Customer Acceptance Certificate provided by United.
3. PORTABLE SANITATION AND FENCING SERVICES (to be provided by United’s
affiliate, Reliable Onsite Services). “Portable Sanitation Services” are
optional and available upon request, and may include the periodic removal
of domestic septic waste, cleaning of the portable restroom, holding tanks
and other equipment, and the replenishment of supplies used with the
equipment. When requested, Portable Sanitation Services will be provided
once per week for the restrooms and for holding tanks. Additional servicing
frequency is also available upon request and shall be charged on a per unit
basis. If Reliable Onsite Services personnel are unable to service rest
rooms and holding tanks or other equipment during regularly-scheduled
service times, additional fees may be charged to return for such
service. Upon request, Reliable Onsite Services may install or repair a
connection to holding tanks for an additional fee. Customer shall not
insert any hazardous materials in the rest rooms, holding tanks or other
equipment, move the rest rooms, holding tanks or other equipment or attach
any materials to the rest rooms, holding tanks or other equipment
(including, but not limited to, tape, adhesives, posters, staples, mesh,
etc.) without the prior written permission of Reliable Onsite Services.
Customer is responsible for staking portable toilet units to the ground or
otherwise securing units to immovable objects
“Fencing Services” may include the installation, relocation and removal of
panel fencing and post-driven fencing. Additional fees may be charged for
any fencing layout changes or extensions not part of the original quote.
Customer is responsible for marking utilities for post-driven fencing, and
maintaining the fencing once it is installed on site
For both Portable Sanitation Services and Fencing Services, Customer shall
ensure that Reliable Onsite Services has access to the site for delivery
and pick-up, and that the Equipment is accessible to Reliable Onsite
Services personnel and located in a clean, unobstructed and safe area.
Customer is responsible for obtaining any and all required permits
necessary for Portable Sanitation and Fencing Services. Additional fees may
be charged for damage, tip-overs, relocation of the rest rooms or fencing
on the same site, and vandalism/graffiti.
4. FLUID SOLUTIONS SERVICES
1. “Fluid Solutions”means fluid storage, transfer, and/or treatment, and
includes but is not limited to, the rental of Tanks, pumps, filtration,
and any accessories, attachments, or other items delivered to Customer,
as well as any ancillary services thereto. Fluid Solutions may include
the design, installation, operation, ongoing maintenance, monitoring,
and dismantling of the Fluid Solutions system (“Fluid Solutions
Services’). Customer shall provide accurate measurements, specifications
and any supporting documentation to assist in the Fluid Solutions
Services as requested by United. Unless otherwise agreed to by the
parties, Customer shall (i) have adequate lifting equipment on site to
load and unload during set up and break down; (ii) insert, remove and
maintain sewer pipe plugs and suction screens as necessary; (iii)
provide any and all containment and required matting; (iv) obtain any
and all rights of way, permits, and easements as necessary; (v) provide
adequate staging areas, water sources, and access thereto; (vi) provide
necessary controls of erosion, odor and traffic, including site
restoration, as necessary; (vii) provide fueling and/or adequate power,
including cable and an electrician, as necessary; (viii) perform daily
inspection and maintenance of the Equipment during the Rental Period;
and (ix) provide access at all times to the Fluid Solutions system and a
clean, unobstructed and safe area to perform the Fluid Solutions
Services.
2. Scope of Services and Change Orders. The scope of services (“Scope”)
provided for each job shall be incorporated into the Agreement. Unless
specifically agreed to in the Scope, Customer, at its cost and expense,
shall obtain all required building and construction permits,
inspections, or certificates, as well as any permissions and authority
necessary to perform the Fluid Solutions Services. If the type of
liquid, including its constituents and other characteristics (for
example, viscosity, turbidity), the volume or the rate of flow (whether
due to weather or other factors not specifically under United’s
control), or any other material information on which United relied when
designing the Fluid Solutions Services materially change at any time,
United shall notify Customer and request an emergency change order
(“Emergency Change Order”). Customer acknowledges that, due to the
nature of the Fluid Solutions Services which are tailored to specific
information and data, in the event of such material change, it is
imperative that Customer immediately respond to any request for
Emergency Change Order to avoid a spill or other incident. Therefore,
Customer shall designate one or more authorized representatives who will
be available to United 24/7/365 to respond to such requests. Customer
agrees that the verbal or written approval (whether by email or text or
other document) of such designated representative shall be binding and
shall be subject to the terms and conditions set forth in the Agreement.
Further, if Customer’s authorized representative does not immediately
respond to such request, Customer agrees that United, in its sole
discretion, may take the action it deems most effective to mitigate any
spill, incident or accident and Customer further waives the right to
contest such action, agrees that United shall not be liable to Customer
in connection with such action, and Customer shall be responsible for
the additional costs incurred thereby.
3. Specialty Media. Specialty Media shall be deemed purchased under this
Agreement on an AS-IS, WITH ALL FAULTS basis and is non-refundable once
delivered to Customer. At the expiration of the rental period, Customer
is responsible for emptying and disposing of all Specialty Media in
compliance with applicable law. Any spent Specialty Media Customer
generates is subject to disposition facility acceptance testing, at
Customer’s sole cost and expense. The disposition facility may
periodically re-test spent Specialty Media to assure it remains
acceptable for disposition. If spent Specialty Media testing determines
the spent Specialty Media is unacceptable for any designated disposition
facility, use of an alternate disposition facility may result in
additional cost and Customer shall pay said additional cost. Customer
shall provide any and all information required by the disposition
facility or to United, related to the evaluation of the acceptance of
spent Specialty Media.
5. POWER AND HVAC. “Power and HVAC Services” may include power and HVAC system
start-up support, installation of low voltage cables, installation of
temporary chilled water piping, on-site training for Customer’s employees,
24/7 technical assistance and on-site support, and monitoring of selected
installing trades. Customer hereby consents to United’s use of a third
party technician to perform installation and hook-up services of the
Equipment, if Power and HVAC Services are requested by Customer. Unless
otherwise agreed to in writing by the parties, Customer shall (i) perform
daily inspection and maintenance of all Equipment during the Rental Period;
(ii) decontaminate Equipment of any chemical or hazardous fluids; (iii)
obtain all necessary permits and regulatory inspections; (iv) replace dirty
air filters on all air handlers and air conditioners; (v) load and unload
all rental Equipment from trailers (if applicable); (vi) remove all fuel
from any supplemental tanks prior to Equipment decommissioning; (vii) fuel
and/or refuel all generators, boilers or fuel tanks with #2 fuel oil;
(viii) check and record oil levels in generator daily; (ix) allow United to
perform service every 250 hours on all Equipment; and (x) furnish a
qualified electrician to connect and disconnect Equipment to utility power.
6. TOOL SERVICES. “Tool Services” may include tool tracking services, tool
tracking software, utilization data (via printed/electronic reports), an
on-site technician to manage tools and other equipment, and a tool room, if
needed. Unless otherwise agreed to by the parties, Customer shall (i)
provide a safe location for the trailer where it can be housed for the
duration of the project; (ii) provide power to supply electricity to the
trailer (generator or plant power); (iii) install scaffolding around the
trailer if the site does not make use of the trailer’s stairs; (iv) supply
United with information regarding access requirements, including but not
limited to, site-specific classes, drug testing requirements, fatigue day
rules, etc., prior to delivery; (v) supply United with a list of personnel
authorized to check-in and check-out tools and/or allowed to request
addition/removal of inventory.
7. VEHICLE RENTAL
1. Accidents, Theft and Vandalism. Customer must promptly and properly
report any accident, theft or vandalism involving the Vehicle to United
and to the police in the jurisdiction in which such incident takes
place. Customer should obtain details of witnesses and other vehicles
involved and their drivers, owners and relevant insurances wherever
possible. If Customer or any Qualified Operator receive any papers
relating to such an incident, those papers must be promptly given to
United. Customer and any Qualified Operators must cooperate fully with
United’s investigation of such incident and defense of any resulting
claim. FAILURE TO COOPERATE FULLY MAY VOID ANY AND ALL LIABILITY
PROTECTION PURCHASED FROM, OR PROVIDED BY, UNITED. Customer and any
Qualified Operators authorize United to obtain any records or
information relating to any incident, consent to the jurisdiction of
the courts of the jurisdiction in which the incident occurs and waive
any right to object to such jurisdiction.
2. Third Party Charges. Taxes, tax reimbursements, vehicle licensing fees,
governmental or other surcharges and similar fees are charged/recovered
at the rates specified on the Reservation Details or as otherwise
required by applicable law. Customer is responsible for paying these
amounts to United.
3. Cleaning. Upon return, if the Vehicle in United’s discretion requires
more than United’s standard cleaning, United will charge Customer a
minimum of $250 for professional cleaning.
4. Smoking. United maintains a non-smoking fleet, including a prohibition
on the use of e-cigarettes in the vehicle. If the Vehicle has an odor
or is soiled from smoke or vapor of any kind, United will charge a
minimum of $250 for odor removal.
5. Recovery Costs. Customer is responsible for recovery expenses,
consisting of costs of any and all kinds (and including attorneys’ fees
and court costs) incurred by United in recovering the Vehicle (i) under
this Rental and Service Agreement; or (ii) if it is seized by
governmental authorities as a result of the use of the Vehicle by
Customer, any Qualified Operator or any other operator with Customer.
6. Lost Keys/Key Fobs/Transponders/Lockouts.If Customer loses the
Vehicle’s keys, key fobs, or toll transponder, United will charge
Customer for the actual cost of replacing the item, a $60 fee for
United’s out-of-pocket administrative costs for replacing lost toll
transponders, and for the cost of delivering replacement keys and/or
key fobs and/or towing the Vehicle to the nearest Store Location to
open such Vehicle. If Customer or Qualified Operator locks the keys
and/or key fobs in the Vehicle and requests assistance from United,
United may charge Customer for the cost of delivering replacement keys
and/or key fobs and/or towing the Vehicle to the nearest Store Location
to open such Vehicle.
7. Parking and Traffic Violations.CUSTOMER WILL BE RESPONSIBLE FOR, AND
WILL PAY WITHOUT DELAY, ALL PARKING AND TRAFFIC VIOLATIONS, AS WELL AS
OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUND FEES AND
ALL TICKETS INCURRED WHILE THE VEHICLE IS ON RENT TO CUSTOMER. IF
CUSTOMER IS ISSUED AN AUTOMATED TRAFFIC VIOLATION, CUSTOMER AGREES TO
PAY A “TRAFFIC VIOLATION SERVICE CHARGE” COMPRISED OF THE AMOUNT OF
SUCH VIOLATION PLUS A FLAT FEE OF $20.00 WHICH IS THE AMOUNT OF
UNITED’S OUT-OF-POCKET ADMINISTRATIVE COSTS FOR ITS TRAFFIC VIOLATION
MANAGEMENT SERVICE. THIS CHARGE WILL BE BILLED TO THE CUSTOMER WHEN
INFORMATION REGARDING ANY SUCH VIOLATION, AND EXPENSES RELATED THERETO,
IS RECEIVED BY UNITED, AND MAY BE CHARGED AT A LATER DATE.
8. Tolls, Violations and Fees.CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS
RESPONSIBLE FOR AND WILL PAY ALL TOLLS AND TOLL VIOLATIONS. IF CUSTOMER
USES A TOLL-BY-PLATE SYSTEM, OR INCURS A TOLL OR TOLL VIOLATION,
CUSTOMER AGREES TO PAY A “TOLLING SERVICE CHARGE” FOR THIS SERVICE. THE
TOLLING SERVICE CHARGE IS THE AMOUNT OF THE TOLL PLUS A FLAT FEE OF
$3.30 WHICH IS THE AMOUNT OF UNITED’S OUT-OF-POCKET ADMINISTRATIVE
COSTS FOR ITS TOLL MANAGEMENT SERVICE. THE EXACT COST WILL BE
CALCULATED AND CHARGED BASED ON ACTUAL USAGE OF A TOLL-BY-PLATE SYSTEM
OR THE TOLL OR TOLL VIOLATION INCURRED. THIS CHARGE WILL BE BILLED TO
THE CUSTOMER WHEN INFORMATION REGARDING TOLL-BY-PLATE USAGE AND/OR THE
TOLL OR TOLL VIOLATION INCURRED, AND EXPENSES RELATED THERETO, IS
RECEIVED BY UNITED, AND MAY BE CHARGED TO CUSTOMER AT A LATER DATE.
CUSTOMER MAY AVOID THE TOLLING SERVICE CHARGE BY PAYING TOLLS WITH ITS
OWN TRANSPONDERS, BY USING ANOTHER TOLL PAYMENT SYSTEM, OR BY AVOIDING
TOLL ROADS ALTOGETHER.
9. Mileage Charges; Additional Mileage Charges. For certain types of
licensed, over the road Vehicles, the rental rate charged to Customer
will include a specified number of miles per billing cycle. Customer
will be charged for miles in excess of the specified number (the
“Additional Mileage Charge”) upon the return of the Vehicle. The
Additional Mileage Charge will be calculated by multiplying the number
of additional miles driven as determined by the Vehicle’s odometer or
telematics device (if applicable) by the charge per mile. For avoidance
of doubt, the allowable number of miles per billing cycle and the rate
for Additional Mileage Charges will be reflected in the Rental
agreement and/or purchase order or similar documents.
10. Other Charges; Miscellaneous.Any other charges specified on or in the
Rental and Service Agreement will be charged at the applicable rates
specified therein. Any such charges which are stated on the Rental and
Service Agreement as a daily rate shall be due and payable for each
full or partial rental day. Charges for the rental of the Vehicle will
continue to accrue until the Vehicle is returned to United or, if the
Vehicle has been stolen while in Customer’s possession, until Customer
reports the theft both to the police in the jurisdiction in which the
theft occurs and to United.
11. Return of Vehicle. SOME VEHICLES MAY HAVE TELEMATICS, TRACKING, AND
RELATED SERVICES SUCH AS THE TELEMATICS DEVICE, IN WHICH CASE, CUSTOMER
UNDERSTANDS THAT ITS ACCESS AND USE OF THE VEHICLE OR THE SERVICES (AND
ANY DATA THAT MAY BE STORED IN CONNECTION THEREWITH) ARE SUBJECT TO THE
VEHICLE, SERVICE PROVIDER’S AND/OR DEVICE MANUFACTURER’S TERMS AND
PRIVACY STATEMENT, WHICH MAY INCLUDE BUT NOT BE LIMITED TO OTHER TERMS,
SERVICE LIMITATIONS, WARRANTY EXCLUSIONS, LIMITATIONS OF LIABILITY,
WIRELESS SERVICE PROVIDER TERMS AND PRIVACY PRACTICES. IN CALIFORNIA:
ELECTRONIC SERVICE TECHNOLOGY INCLUDED IN THE VEHICLE MAY BE ACTIVATED
IF THE VEHICLE IS NOT RETURNED WITHIN 72 HOURS AFTER THE CONTRACTED
RETURN DATE OR EXTENSION OF THE RETURN DATE. FOR RENTALS COMMENCING IN
ARIZONA: IT IS REQUIRED BY LAW THAT CUSTOMER ACKNOWLEDGE ITS
UNDERSTANDING THAT IT WILL BE A VIOLATION OF ARIZONA STATUTES 13¬1806
IF THE VEHICLE IS NOT RETURNED WITHIN 72 HOURS OF THE DUE DATE AND TIME
SPECIFIED ON THE RENTAL RECORD AND THAT CUSTOMER SHALL BE SUBJECT TO A
MAXIMUM PENALTY NOT TO EXCEED US$150,000 AND/OR IMPRISONMENT OF 2.25
YEARS. BY RENTING A VEHICLE USING THE PROGRAM FOLLOWING DELIVERY TO
CUSTOMER OF THESE NORTH AMERICAN TERMS, CUSTOMER ACKNOWLEDGES THAT
CUSTOMER HAS RECEIVED AND UNDERSTAND THIS NOTICE. FOR RENTALS IN THE
DISTRICT OF COLUMBIA: IT IS REQUIRED BY LAW THAT CUSTOMER BE NOTIFIED
THAT IF IT FAILS TO RETURN A RENTAL VEHICLE IN ACCORDANCE WITH THE
NORTH AMERICAN TERMS, IT MAY RESULT IN A CRIMINAL PENALTY OF UP TO
THREE YEARS IN JAIL. FOR RENTALS IN CANADA: IF AFTER 30 DAYS, UNITED IS
UNABLE TO RECOVER THE VEHICLE, THE VEHICLE SHALL BE DEEMED TO BE
UNLAWFULLY CONVERTED TO CUSTOMER’S USE, AND UNITED MAY EXERCISE ITS
LEGAL RIGHTS TO REMEDY THE THEFT OF THE VEHICLE. CUSTOMER HEREBY WAIVES
ANY AND ALL RIGHTS TO COMPLAIN OF THE STEPS TAKEN BY UNITED TO RECOVER
A VEHICLE DEEMED TO BE UNLAWFULLY RETAINED BY CUSTOMER.
12. Remote Drop Off Service Fee. A Remote Drop Off Service Fee will be
applied if Customer returns the vehicle to a different location from
its originating location. The fee will be calculated based on factors
including the type of vehicle, time of year, and United’s cost in
transporting the vehicle from the return location. The charge will be
disclosed when Customer notifies United that Customer is returning the
vehicle to a different location than where the vehicle originated. This
fee can be avoided by returning the vehicle to its originating
location.
8. USE OF TELEMATICS DEVICES If included with Customer’s Equipment rental,
Customer may access and use certain telematics devices (the “Telematics
Device(s)”). Telematics Devices may include, but are not limited to,
on-equipment devices, wearable devices, and any other telematics devices,
related accessories, and related online systems (including the Management
System (as defined below)). Certain Telematics Devices provide on-demand
access management to United Equipment and Vehicles, and may be able to be
configured through a web-based management system (the “Management System”).
Certain hardware and software requirements, and access to the internet, may
be required to use Telematics Devices.
1. Database Information; Management System. Prior to using a Telematics
Device, Customer shall provide United with all information requested by
United in each case, which may include, but is not limited to, any
contact and other information related to any Qualified Operators that
may use the Telematics Device (the “Database Information”). Upon mutual
agreement of the parties, if possible, United shall populate the
Management System with such Database Information, and, after population,
shall provide Customer with limited access to the Management System.
Customer shall review the Database Information in the Management System
promptly for accuracy, and shall immediately notify United of any errors
or inaccuracies in the Database Information. If Customer fails to notify
United of any errors in the Database Information within seven (7) days
after access to the Management System is granted to Customer, such
information will be deemed accurate and correct. United will not monitor
any changes made by Customer to the Telematics Devices, the Management
System or the Database Information. Customer is solely responsible for
any changes to the Database Information or any other information
contained in the Management System after access to the Management System
is granted to Customer.
2. Telematics Overview. Prior to using a Telematics Device, United may (if
applicable, in United’s sole discretion) review certain features and
functions of the Telematics Device with the Customer. Any use of the
Telematics Device by unauthorized personnel (including operators that
are not Qualified Operators), or Customer’s use of any part or feature
or functionality of the Telematics Device not reviewed with the Customer
by United (if review with United is available and applicable), is at the
user’s own risk. Customer waives and releases United from all liability
resulting from such use and will indemnify, defend and hold United
harmless against any and all damages, of whatever kind incurred by
United in connection with such use. Customer is solely responsible for
preventing unauthorized use of the Telematics Device, including but not
limited to preventing use of any part or feature or functionality of the
Telematics Device not reviewed with the Customer by United. Customer
shall not disable or circumvent, or attempt to disable or circumvent,
any part of the Telematics Device or the use and time limitations
established in the Management System.
3. Documentation. United may provide reference guides, manuals, and other
documentary information, either in writing or electronically, in
connection with the Telematics Device (“Documentation”). Customer’s use
of the Telematics Device shall be in strict compliance with the
Documentation.
4. Support and Maintenance. United shall provide certain maintenance and
support services to Customer, including delivery of technical
information, consulting, cooperation and assistance as may be reasonably
necessary with respect to the Telematics Device, provided that Customer
has timely paid to United any amounts due under this Agreement and is
not otherwise in breach of this Agreement. United may assist Customer
regarding use of the Management System, at Customer’s reasonable
request, within commercially reasonable timeframes and subject to
sufficient cooperation by Customer. Customer is solely responsible for
verifying any changes made in the Management System and for promptly
ensuring and confirming the accuracy of such changes. Customer waives
and releases United from any liability regarding changes made at
Customer’s request and for any delay in making requested changes.
5. Access to Data. In connection with the provision of the Telematics
Device, United may access data (whether identifying data or otherwise)
which is held on the Telematics Device, and make use such data in order
to improve its products, business and services to Customers. Customer
acknowledges and agrees that data provided by Customer to the Telematics
Devices may be accessed by United for such purposes. [United’s privacy
policy which sets out how United collects, uses and shares data is
located at /legal/privacy-policy. Customer shall obtain all required
consents as may be required under any applicable laws from its
employees, contractors or other Qualified Operators to permit United’s
collection and use of data under this Section 24.
6. Termination of Access. United reserves the right to terminate Customer’s
access and use of the Telematics Device at any time, in United’s sole
discretion. Upon termination of access, Customer shall not attempt to
use or access the Telematics Device. Termination of access may result in
loss of data.
7. Prohibited Applications. Telematics Devices are not designed or intended
for use in (a) aeronautic or aerospace applications; (b) nuclear and
other high risk facilities; (c) connection with transportation systems
or the delivery of oil, natural gas, or any other combustible liquid or
gas; or (d) connection with any other application in which the failure
of a Telematics Device could lead to personal injury, death or other
material consequence (the “Prohibited Applications”). The removal,
alteration, or modification of Telematics Device(s) shall also be
considered Prohibited Applications. Customer shall not use the
Telematics Devices for or in connection with any of the Prohibited
Applications, unless authorized by the express written approval of an
executive officer of United. United is not liable, in whole or in part,
for any claim or damage arising from any use of the of the Telematics
Devices in connection with any Prohibited Applications even if United
has authorized such use or has been informed in writing (or otherwise)
of such usage. Customer agrees to defend, indemnify and hold United
harmless from and against any and all claims, damages losses, costs,
expenses, and liabilities arising out of any such Prohibited
Applications of the Telematics.
8. Other Entities. Customer may allow other entities to use the Telematics
Device and/or the Management System, provided that such entities are
Qualified Operators, have reviewed the use of the Telematics Device with
United personnel, and have reviewed the relevant Documentation. Customer
shall be fully and solely responsible for the acts and omissions of such
other entities, and of persons directly or indirectly employed by any of
them, as Customer is for the acts or omissions of itself and persons
directly employed by Customer. Nothing herein shall create any
contractual relationship between United and any entities or persons
other than Customer. Customer shall only permit Qualified Operators to
use the Telematics Device.
9. THE WEDGE SYSTEM. Operation of the Wedge System; Maintenance. Customer
shall ensure that the Wedge System is operated only by employees of
Customer (or, if Customer is an individual, only by Customer) who have
received training and instruction from United in the safe operation of the
Wedge System (“Authorized Operators”). The Wedge System is certified for
indoor use only but may be used outdoors in connection with the
requirements of Section 24 of this Agreement and the Wedge System
Documentation. Customer shall ensure that no one other than United alters,
repairs, opens or modifies any Wedge System components, except that
Customer may use any “reset” button on a Smart Heater Control Box to reset
the Smart Heater Control Box. United is under no obligation to inspect the
Wedge System or the Heater but United may, at its sole discretion, inspect
any component of the Wedge System (and in the case of a Smart Heater
Control Box, if applicable, the Heater to which it is connected) at any
time, wherever located.
1. Operation of the Wedge System;Maintenance. Customer shall ensure that
the Wedge System is operated only by employees of Customer (or, if
Customer is an individual, only by Customer) who have received training
and instruction from United in the safe operation of the Wedge System
(“Authorized Operators”). The Wedge System is certified for indoor use
only but may be used outdoors in connection with the requirements of
Section 24 of this Agreement and the Wedge System Documentation.
Customer shall ensure that no one other than United alters, repairs,
opens or modifies any Wedge System components, except that Customer may
use any “reset” button on a Smart Heater Control Box to reset the Smart
Heater Control Box. United is under no obligation to inspect the Wedge
System or the Heater but United may, at its sole discretion, inspect any
component of the Wedge System (and in the case of a Smart Heater Control
Box, if applicable, the Heater to which it is connected) at any time,
wherever located.
2. Warnings; Appropriate Signage. Customer shall ensure that each
Authorized Operator: (1) takes all requisite training; and (2) operates
the Wedge System in accordance with all such Wedge System Documentation,
training and warnings. Customer shall also be responsible for and agrees
to post United-provided warning signs for as long as any of the Wedge
System components are at the worksite. Customer shall not operate the
Wedge System without ensuring that appropriate warning signs are posted.
3. Temperature Measurement Tool. As additional functionality within the
Wedge System (and as described in the Wedge System Documentation),
United provides a temperature measuring tool, which may assist in
estimating the temperature of poured concrete, installed roofing or
other objects at a worksite (the “Temperature Measuring Tool”). Customer
acknowledges and agrees that (1) estimations of temperature provided by
the Temperature Measuring Tool are for informational purposes only and
may not be accurate or complete; (2) the Temperature Measuring Tool is
not calibrated to meet any compliance requirement, including but not
limited to ISO 9001; (3) Customer’s installation of the TCA and wireless
sensors (and the type and length of cable selected by Customer) may
contribute to inaccuracy of the Temperature Measuring Tool; (4) the
Temperature Measuring Tool is an estimating technique and not a
substitute for any destructive testing (i.e. break tests) that may be
required by the American Society for Testing and Materials (“ASTM”) or
any applicable law or regulatory requirement; and (5) Customer will
independently verify the strength of any concrete measured with the
Temperature Measuring Tool, monitor such concrete’s ongoing strength
independently, and comply with the ASTM standards and applicable law and
regulatory requirements at all times. The Temperature Measuring Tool is
not a substitute for compliance with the ASTM or any other standard and
may not be used to meet or satisfy any industry, legal or other
regulatory requirement.
4. Software Access Right; Raw Data. Subject to this Agreement, United
grants Customer a limited, non-exclusive, non-transferable,
non-sublicensable, revocable right to access the Software through a web
portal via Customer’s computers or Customer’s employees’ personal
computers for use and testing in combination with the Wedge System
located at the worksite during the term of this Agreement. Customer
acknowledges that United will obtain incidental information about the
worksite and the functionality of the Wedge System at the worksite in
connection with Customer’s use of the Wedge System (“Raw Data”). United
shall retain ownership of all Raw Data and all data, concepts, products,
services, software, intellectual property and other rights arising from
or related to United’s or its affiliates’ use, analysis, research and
development of Raw Data. United may use Raw Data to develop, enhance,
modify and improve technologies, tools, methodologies, services and
offerings, and/or for development or performance of data analysis or
other insight generation.
5. System Control; Customer Obligations. During the term of this Agreement,
except as otherwise expressly provided in this Agreement, Customer has
and will retain sole control over the operation and management of, and
all access to and use of, the Wedge System, and sole responsibility for
all access to and use of the Wedge System by any person by or through
the Customer’s systems (if applicable) or any other means controlled by
Customer. Customer shall at all times during the term of this Agreement:
(1) set up, maintain, and operate in good repair the Customer systems on
or through which the Wedge System is accessed; (2) provide United all
cooperation and assistance including its personnel with such access to
Customer’s premises and Customer systems as is reasonably necessary for
United to perform its obligations; (3) perform active monitoring of the
Wedge System with no less care and diligence than a reasonably prudent
operator of commercial heaters or other equipment would perform with
respect to heaters or other equipment without remote operations; (4)
ensure that all information placed into the Software is accurate and
complete, and assume any risk of liability or inaccuracy due to
inaccurate information; (5) notify United immediately if it learns of
any unauthorized use or breach of security of the Wedge System; and (6)
not permit any other person to access or use the Wedge System except as
expressly permitted by this Agreement.
6. Restrictions. Customer shall be solely responsible for the use of the
Wedge System and ensuring that any Authorized Operators of the Wedge
System comply at all times with the Wedge System Documentation. Customer
shall not (1) rent, lease, lend, sell, sublicense, assign, distribute,
publish, transfer, or otherwise make available the Smart Heater Control
Boxes or Software or any other component of the Wedge System to any
person, including on or in connection with the internet or any
time-sharing, service bureau, software as a service, cloud, or other
technology or service; (2) bypass or breach any security device or
protection used by or with the Smart Heater Control Boxes or the
Software or any other component of the Wedge System; (3) input, upload,
transmit, or otherwise provide to or through the Software any
information or materials that are inaccurate, unlawful or injurious, or
contain, transmit, or activate any harmful code; (4) damage, destroy,
disrupt, disable, impair, interfere with, or otherwise impede or harm in
any manner the Software or any other component of the Wedge System; (5)
access or use the Wedge System for purposes of competitive analysis of
the Wedge System, the development, provision, or use of a competing
software service or product or any other purpose that is to United’s
detriment or commercial disadvantage; or (6) otherwise access or use the
Wedge System beyond the scope of this Agreement.
7. Suspension of the Software. Notwithstanding anything to the contrary in
this Agreement, United may suspend Customer’s access to the Software if
United reasonably determines that: (1) there is a threat or attack on
the Software, the Wedge System or any infrastructure related to the
Software; (2) Customer’s or any Authorized Operator’s use of the
Software disrupts or poses a security risk to the Software, the Wedge
System, any intellectual property or infrastructure related to the
Software, or to United or its other customers or vendors; (3) Customer,
or any Authorized Operator, is using the Software for fraudulent or
illegal activities; (4) United’s provision of the Software to Customer
or any Authorized Operators is prohibited by applicable law; or (5)
Customer otherwise breaches this Agreement. United will use commercially
reasonable efforts to provide written notice of any such suspension to
Customer and to provide updates regarding resumption of access to the
Software following any suspension. United will have no liability for any
damages, liabilities, losses (including any loss of data or profits), or
any other consequences that Customer or any Authorized Operator may
incur as a result of any suspension.
8. Intellectual Property. As between the parties, United retains all right,
title, and interest, including any intellectual property rights, in and
to the Wedge System and any enhancements and improvements to, and any
derivative works thereof. Except as provided in this Agreement, Customer
does not acquire any rights, express or implied, in or to the Wedge
System. If Customer or any of its employees or contractors sends or
transmits any communications or materials to United suggesting or
recommending changes to the Wedge System, including without limitation,
new features or functionality relating thereto, or any comments,
questions, suggestions, or the like (collectively, “Feedback”), United
shall own and is free to use such Feedback, including all moral rights
in and to the Feedback which Customer hereby assigns to the United
without further act or formality or any additional consideration,
irrespective of any other obligation or limitation between the parties
governing such Feedback.
10. STORAGE AND OFFICE SOLUTIONS SERVICES. "Storage and Office Solutions
Services” may include the delivery, installation and removal of storage
containers, ground level offices, office trailers, modular buildings and
parts and accessories thereto. Unless otherwise agreed to by the parties in
writing, Customer shall (i) provide unobstructed ingress and egress to the
area where the Equipment will be located and provide a level, accessible,
secure and safe area that will bear the weight of the Equipment where
United will perform the Storage and Office Solutions Services; (ii) not
move or allow others to move the Equipment without United’s prior written
consent; (iii) not affix or anchor the Equipment to the ground or any
structure; (iv) maintain and use the Equipment in accordance with
applicable federal, state and local laws, rules, regulations and
ordinances, including, without limitation, the Occupational Safety and
Health Act (“OSHA”), as well as the manufacturer’s safety rules and
instructions; (v) pay for and provide United with prior written notice of
the location of all utility connections and hookups; (vi) keep all persons
(other than United employees) off and away from the Equipment during its
delivery, installation and removal; (vii) be responsible for obtaining all
required permits necessary for the Storage and Office Solutions Services;
(viii) not store any hazardous materials in the Equipment; (viii) remove
all locks from the Equipment at the end of the rental term; and (ix) ensure
that the Equipment is clean and empty at the time of removal. With respect
to any personal property in or on the Equipment, United is not a bailee or
warehouseman of Customer’s, or any other person’s, personal property.
United expressly disclaims any custody, control, or responsibility for the
care of Customer's, or any other person’s, personal property. Customer must
take any steps necessary for safeguarding personal property. Under no
circumstances are United or its agents responsible for any personal
property that may be lost, stolen, or damaged. United may, but is not
required to, lock or otherwise secure the Equipment, and Customer's access
to the Equipment may be limited or conditioned in any manner deemed
reasonably necessary by United. With respect to (i) above, in the event
that United, in its sole discretion, determines that it is unable to
perform the Storage and Office Solutions Services because Customer has not
provided a secure and safe work environment, United reserves the right to
refuse to provide the Storage and Office Solutions Services without any
liability whatsoever to Customer and Customer shall be responsible for any
increased costs incurred by United.
25. ENTIRE AGREEMENT / ONLY AGREEMENT
These terms and conditions and the front the Agreement, and any Addendum
attached thereto, represent the entire agreement between Customer and United
with respect to the Equipment and the rental and servicing of the Equipment.
There are no oral or other representations or agreements not included herein.
None of United's rights or Customer's rights may be changed and no extension of
the terms of this Agreement may be made except in writing, signed by both United
and Customer. Any use of Customer's purchase order number on this Agreement is
for Customer's convenience only.
26. ORDER OF PRECEDENCE
These terms and conditions and the Agreement shall control over any terms and
conditions contained in Customer’s purchase order or similar documents and such
other terms are hereby rejected by United. In the event that United signs
Customer’s purchase order or similar document, such signature shall be solely
for the purpose of acknowledging the order; it being the express intent of the
parties that the Agreement and these terms and conditions shall govern all
rental and service transactions.
27. CLASS ACTION WAIVER
Customer agrees that any claims or proceedings brought by Customer relating to
this Agreement will be conducted on an individual basis, and not on a
class-wide, collective, or representative basis, and that any one person’s
claims or proceedings may not be consolidated with any other claims or
proceedings. Customer will not sue United as a class plaintiff or class
representative, join as a class member, or participate as an adverse party in
any way in a class-action lawsuit against United. Nothing in this paragraph,
however, limits Customer’s right to bring a lawsuit as an individual plaintiff.
28. JURY WAIVER
The federal and state courts in the county in which the Store Location is
located shall have exclusive jurisdiction over all matters relating to this
Agreement. TRIAL BY JURY IS WAIVED. In order to effect service of process on
United, please contact the Secretary of State Corporations Division or the
equivalent office in your state to obtain the name of the registered agent and
the registered office address that is on file with the Secretary of State for
United. United shall be entitled to decrees of specific performance (without
posting bond or other security) in addition to such other remedies as may be
available.
29. OTHER PROVISIONS
1. Any failure of United to insist upon strict performance by Customer of any
terms and conditions of this Agreement shall not be construed as a waiver of
United's right to demand strict compliance. Customer has carefully reviewed
this Agreement and waives any principle of law which would construe any
provision hereof against United as the drafter of this Agreement. Any rule
of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not apply to the interpretation of this
Agreement.
2. Customer agrees to pay all reasonable costs of collection, court costs,
attorneys' fees and other expenses incurred by United in the collection of
any charges due under this Agreement or in connection with the enforcement
of its terms.
3. Customer shall pay the rental charges without any offsets, deductions or
claims.
4. Customer consents to the collection, use and disclosure of his or her
personal identification and financial information as described herein and in
United’s Privacy Policy. Customer’s personal identification and financial
information is provided voluntarily and not as part of a credit card
transaction. Personal identification information includes, for example,
Customer’s name, billing address, ZIP code, telephone number, date of birth,
driver’s license number and email address. Financial information includes,
for example, information related to any balances or invoices related to the
Agreement. Customer’s personal identification information can be used for
purposes of this transaction, any subsequent transactions with United and
for United to evaluate and improve its products and services and/or develop
new products or services. Customer’s personal identification information
and/or financial information may be disclosed to contractors, service
providers and other third parties that support United’s business and who are
bound by contractual obligations to keep personal information confidential
and use it only for the purposes for which we disclose it to them.
5. United shall have the right to immediately repossess the Equipment, without
any liability to Customer, in the event of (i) permanent closure of the
Store Location; (ii) declaration of any emergency, disaster or similar
situation by any federal, state or local government; or (iii) as otherwise
set forth in this Agreement.
6. If any provision of this Agreement is invalid, illegal or incapable of being
enforced under applicable law, that provision will be severed from this
Agreement and all other provisions of this Agreement shall nevertheless
remain in full force and effect. Upon such determination that any provision
is invalid, illegal or incapable of being enforced, the parties shall modify
this Agreement so as to effect the original intent of the parties as closely
as possible to the end that the transactions contemplated hereby are
fulfilled to the fullest extent possible.
30. CRIMINAL WARNING
Customer and United each consent to the collection and monitoring of electronic
information, including Global Positioning System (“GPS”) data, generated by or
in connection with Customer’s use of or the location of the Equipment (including
the Telematics Devices). Customer agrees that United owns the data described in
this paragraph and may use such data, including GPS data, for any purpose,
including commercial purposes. Customer shall obtain all required consents as
may be required under any applicable laws from its employees, contractors or
other Qualified Operators to permit United’s collection and use of data under
this Section 31.
31. GPS TRACKING
Customer and United each consent to the collection and monitoring of electronic
information, including Global Positioning System (“GPS”) data, generated by or
in connection with Customer’s use of or the location of the Equipment (including
the Telematics Devices). Customer agrees that United owns the data described in
this paragraph and may use such data, including GPS data, for any purpose,
including commercial purposes. Customer shall obtain all required consents as
may be required under any applicable laws from its employees, contractors or
other Qualified Operators to permit United’s collection and use of data under
this Section 30.
32. FORCE MAJEURE
Neither party shall be liable to the other party for failure to comply with the
terms of the Rental and Service Agreement or performance of its obligations
hereunder to the extent such failure has been caused by Force Majeure, provided
that the non-performing party shall give notice to the other party as soon as
commercially possible and shall exercise reasonable efforts to resume
performance. For the purposes of the Rental and Service Agreement, “Force
Majeure” shall mean fire, war, insurrection, act of terrorism, riots, flood,
hurricane, typhoon, earthquake, tornado, mudslide, tsunami, and any other
natural disaster, pandemic or other causes beyond the reasonable control and not
due to the fault of the non-performing party.
33. CHANGES TO THE RENTAL AND SERVICE TERMS
United reserves the right to modify or make changes to these Rental and Service
Terms at any time. Any such modification will be reflected in these terms as of
the “Last update” date above, and will be effective immediately upon public
posting on United’s website. Customer’s continued use of the Equipment
following any such modification constitutes the Customer’s acceptance of these
modified Rental and Service Terms. Except for changes described here, no other
amendment or modification of these Rental and Service Terms will be effective
unless in writing and signed by the parties.
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