Large fuel tank rentals

 

rental Terms & Conditions

  • Lessee leases from Lessor the property described on the front of this lease (“the equipment”) under the terms in the lease.  Lessee promises to return the equipment no later than the estimated rental period specified herein, unless prior permission has been granted.  Lessee represents that all information provided to Lessor has been furnished as in inducement to Lessor to lease the equipment, and that all such information is true and correct.
     
  • We warrant that we have full and completed title or license to the equipment leased to you.  OTHER THAN SUCH WARRANTY OF TITLE, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROPERTY, EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  YOU ACKNOWLEDGE THAT YOU HAVE INSPECTED THE PROPERTY, UNDERSTAND ITS USE, ACCEPT SOLE RESPONSIBILITY THAT EVERYONE WHO USES IT IS COMPETENT TO DO SO, AT LEAST 18 YEARS OF AGE AND THAT YOU FIND THE EQUIPMENT SUITABLE FOR YOUR NEEDS AND ACCEPT IT “AS IS”.  In no event shall we be liable for consequential or special damages, or for any amount incurred by you in excess of the lease cost of the equipment, nor, except as we may otherwise specifically agree in writing, shall we be liable for transportation, labor, materials or other charges or adjustments, replacement, installation or other work which may be performed by you or on your behalf.
     
  • You shall, at your expense, maintain the equipment in good operating condition, repair and appearance, and protect the same from deterioration other than reasonable wear and tear and shall use the equipment only within its normal capacity, without abuse and in a manner contemplated by the manufacturer.  We shall be the sole judge of said condition which we shall reasonably exercise.  You shall not make modifications, alterations, or additions to the equipment without prior written consent.  Any additions to the equipment shall become ours at the termination of the lease.  Lessor shall make all necessary repairs and adjustments at Lessee’s expense. Lessee agrees to use the equipment only at the address as provided by Lessee. Lessee agrees not to change, alter, or remove, or permit to be changed, altered, or removed, any insignia, lettering, serial number or model name on the equipment.  If requested by Lessor, Lessee shall identify the equipment conspicuously with a sign or lettering indicating Lessor’s ownership.  Only the person or persons from the company listed in the agreement is authorized to use the equipment during the rental period and shall be deemed to be an authorized agent/user/representative of the Lessee, unless the equipment is being re-rented and the Lessor has given prior authorization.  Lessee agrees not to permit others to use the equipment for hire or otherwise, without first obtaining the written consent of Lessor.
     
  • You agree to inspect the equipment prior to each use and to immediately cease using the equipment if it is unsafe or is in disrepair and to notify us immediately of any defects.  If the equipment becomes inoperative or unsafe through normal use the rental charges may be adjusted or we may substitute equipment of the kind at our option.  Lessor is not responsible for loss or damages caused by defective equipment, or any other equipment downtime, delays, any equipment substitutions, acts of God, fire, strikes or other causes of any nature.
     
  • If our employees assist in loading or unloading the equipment, you agree to assume the risk of and hold us harmless for any property damage or personal injuries and shall not claim negligence on our part.
     
  • You agree to inspect the towing coupling mechanism and safety chains before leaving our premises. You also agree to inspect the equipment during use and to maintain the coupling and chain in a safe and secure condition.  We are not liable for damage to your bumper or vehicle done by towable equipment.
     
  • Unless otherwise agreed in writing, you hereby assume all risks of loss, theft, damage or destruction, partial or complete of the equipment from any and every cause whatsoever from the time of receipt of the equipment by you at our rental center until you return and we accept such equipment.  You shall give prompt written notice to us in the event of any loss of, or damage to any property.  In the event of such damage, destruction, loss, or theft to any item of equipment, you, at your expense, shall at Lessor’s sole option and request, (a) replace the same in good repair, condition and working order, or (b) replace the same with a like item of equipment acceptable to us, in good repair, condition and working order and of equivalent value and titled in our name, or (c) pay us the total cost of replacing the equipment.  You also agree to pay a reasonable cleaning charge for equipment returned dirty.  In case of theft, you agree to furnish us with a Police Report within 48 hours.
     
  • YOU HEREBY ASSUME THE RISK AND AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF WHATSOEVER KIND AND NATURE.  WHETHER OF YOU OR ANY THIRD PARTY, AND ALL COSTS, EXPENSES, DAMAGES, LOSSES AND LIABILITIES WHATSOEVER INCURRED OR SUFFERED BY US IN CONNECTION THEREWITH (INCLUDING FEES AND EXPENSES OF COUNSEL), AS A RESULT OF OR INCIDENT TO THE MANAGEMENT, MAINTENANCE, POSSESSION, CONTROL, USE, OPERATION, STORAGE, DELIVERY, TRANSPORTATION, INSTALLATION AND REMOVAL OF THE EQUIPMENT, OR ANY PART THEREOF, AT ANY TIME DURING THE RENTAL PERIOD.  THE HOLD HARMLESS COVENANT AND COVENANT OF INDEMNITY IN THE PARAGRAPH SHALL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE FULL PAYMENT OF ALL AMOUNTS DUE US HEREUNDER OR THE TERMINATION OF THIS AGREEMENT IN ANY MANNER WHATSOEVER.  IF REQUESTED BY US, YOU SHALL PROVIDE EVIDENCE OF LIABILITY INSURANCE COVERAGE, INSURING FOR CLAIMS SPECIFIED HEREIN, IN AN AMOUNT SATISFACTORY TO US, IN CASE OF AN ACCIDENT YOU AGREE TO NOTIFY US IMMEDIATELY AND SHALL NOTIFY US IN WRITING OF ANY CLAIMS SPECIFIED HEREIN ALLEGED BY THIRD PARTIES AGAIN YOU WITHIN THREE (3) BUSINESS DAYS AFTER SUCH CLAIMS ARE BROUGHT TO YOUR ATTENTION. THE LESSOR ACKNOWLEDGES THAT HE/SHE HAS VALID BUSINESS, LIABILITY, AND MICHIGAN NO-FAULT (IF USED IN MICHIGAN) INSURANCE AND LESSEE’S INSURANCE SHALL BE THE INSURER OF FIRST PRIORITY IN THE EVENT A CLAIM FOR DAMAGE TO THE EQUIPMENT, OR ANY OTHER CLAIM FOR DAMAGE OR LOSS IS MADE, WHILE EQUIPMENT IS UNDER THE POSSESSION AND CONTROL OF LESSOR.

    WAIVER OF SUBROGRATION: LESSEE WAIVES ANY AND ALL RIGHTS OF SUBROGATION AGAINST LESSOR.
     
  • We may at our option, require a deposit on rentals (“Security Deposit”) and you hereby agree to make this security deposit to us in the form of a check acceptable to Lessor with proper identification, acceptable credit card or cash.  The form of the deposit, the amount of the deposit, and the time of application, shall be at our option.  Such application shall be towards payment of your obligations.
     
  • You shall pay rent for the use of said equipment according to the rates stipulated herein, until the equipment is returned to us.  To terminate the accruing of rent, the returned equipment must be acknowledged and accepted by us.  All equipment shall be returned during business hours unless otherwise agreed in writing.  Invoices/contract payments are due and payable at the termination of the rental period.  A finance charge may be assessed on all overdue accounts or after 30 days for charge account customers.  The finance charge shall be assessed at the legal maximum rate.
     
  • You agree to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of our rights under this contract.
     
  • All permits, approvals, licenses, taxes and fees that may be required by governing agencies are to be determined, secured and paid by you, whether included herein or not.
     
  • Trailer and equipment towing require strict adherence to related governmental rules and regulations.  Following your inspection before leaving our yard, you will be responsible for any violations and related tickets or fines.
     
  • Lessee agrees not to assign, sublease or transfer the leasehold interest in the equipment granted under this lease without first receiving the prior written consent of Lessor.  Further, any assignment, sublet, or transfer of leasehold interest in this agreement by Lessee shall no relieve Lessee of liability.  Notice of any such assignment, sublease, or transfer must be given to a Lessor in writing.
     
  • Nothing herein contained shall give or convey to you any right, title or interest in or to any equipment except as a Lessee.  We shall have the right at all reasonable times to enter upon any premises where the equipment is located to inspect it.  All your obligations hereunder shall continue until full performance by you has been rendered.
     
  • Notwithstanding the terms of the lease, at any time we believe in good faith that the prospect of payment and/or return of the equipment or the performance of any other duty is impaired we may declare the lease hold term terminated and demand forthwith deliver of the leased equipment plus payment in full of any amounts, owed hereunder.
     
  • There shall be deemed to be a breach of this agreement, (a) as provided in 16 above, or (b) if you shall default in the payment of any rent or other sum due hereunder when due, or (c) if you default in the performance of any of the other covenants herein, or (d) if you become the subject of any proceeding under the Bankruptcy Act or attempt to remove or sell or transfer or encumber or subject or sublet or part with possession of the equipment.  In the event of a breach of this agreement as herein defined, we may, at our option, take one or more of the following actions:  1) proceed by appropriate court action or actions, either at law or in equity, to enforce performance by you of the applicable covenants and provisions of this agreement to recover damages for the breach thereof, 2) terminate this agreement as to any or all items of equipment or 3) directly or by our agents, enter your premises or other premises where the equipment may be located and take possession of all such equipment at which point your right oto possession thereof shall absolutely cease and terminate and this agreement shall terminate as to such equipment.  YOU HEREBY EXPRESSLY WAIVE (1) NOTICE AND THE RIGHT TO A HEARING PRIOR TO SUCH RETAKING OF POSSESSION AND (2) ANY DIRECT OR CONSEQUENTIAL DAMAGES OCCESIONED BY SUCH TAKING OR POSSESSION AND (3) ANY CLAIMS OF TRESPASS AGAINST US OR OUR AGENTS ARISING OUT OF THE RETAKING OF EQUIPMENT and you further agree to pay all costs and expenses, (including the cost and expenses of taxing, holding, preparing for sale, selling and the like, together with reasonable attorneys’ fees) incurred by us in exercising any of our rights or remedies under this agreement or in enforcing the provisions thereof.
     
  • This lease represents the entire agreement between the parties and no term or condition herein may be changed without our written consent which must be signed by our duty authorized management representative.
     
  • You shall, from time to time, and at any time when demanded by us, execute such documents or writings that may be necessary or convenient to carry info full force and effect this agreement, including all documents which may be required by the Michigan Uniform Commercial Code.
     
  • No indulgence or other act by us shall waive any default, except in writing, and no waiver with respect to any one or more defaults shall operate to waive any other or any subsequent defaults.  The provisions of this agreement shall be severable and shall be binding upon your heirs, representatives, successors and assigns.
     
  • Any notice to you shall be deemed sufficient if sent to your address as specified herein, postage prepaid.
     
  • Damage waiver does not apply under the following conditions.  A: for any claims in excess of the replacement cost of the property (item);  B: for any claim or loss damage as a result of theft, vandalism or malicious mischief or any loss caused by neglect, misuse or abuse;  C: unexplained loss or mysterious disappearance;  D: theft, conversion or any other dishonest act on the part of any person or persons to whom the issued property (item) is entrusted, or any person or persons in the service or employment of the lessee, whether or not occurring during the hours of such service or employment;  E: equipment left unsecured (all the equipment must be secured in a fenced area, in a building, or locked with high-test chain when left unattended);  F: use of equipment in violation of any terms of this Agreement;  G: for any claim or loss damages as a result of a motor vehicle accident.
     
  • It is the lessee's responsibility to have any appropriate dykes or containment areas that are required by local code for the storage and dispensing of hazardous liquids.  Also, lessor is not responsible for any hazardous liquid spills from the tank or dispensing equipment.  Lessor is not responsible for any damage to equipment due to quality of fuel or fuel contamination.
     
  • The lessor authorizes only the storage and dispensing of dyed or clear diesel unless otherwise mentioned.
     
  • The lessor provides standard venting for fuel tanks, if local jurisdiction requires additional venting it is the responsibility of the lessee.

For more information on our terms and conditions, call or contact us today.