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Equipment Rental Contract Terms and Conditions (“T&C”)

1. General

  1. This T&C is between SS RENTALS LLC, an Arizona limited liability company (“SS Rentals”) and the customer identified on the front page of this T&C (“Customer”). SS Rentals will provide Customer the tools, large equipment , vehicles (collectively, “Equipment”) described on the front page of the Rental Contract (“Contract”) and in accordance with the terms and conditions set forth in the Contract and this T&C. This T&C shall control in the event of any ambiguity or conflicting terms between the T&C and the Contract. SS Rentals will provide the Equipment “as is” and in good working condition during the rental period (the “Rental Period”) and according to the initial rental subtotal price identified on the Contract (“Rental Price”). Customer agrees to return the Equipment prior to the expiration of the Rental Period, or to pay the additional rental fees described in Section 10.

2. Payment Terms.

  1. Customer is responsible for all charges due in full at the commencement of the Rental Period or upon SS Rentals’ request, using a payment card approved by SS Rentals (“Customer Card”), including deposits (“Deposits”). Customer consents to the reservation of credit for estimated charges due, and authorizes SS Rentals to process all amounts due, on Customer Card (including vehicle rental, traffic law violations and parking citations, and any applicable administrative charge). In the event Customer cancels delivery of large equipment within 12 hours of the scheduled delivery time, a cancellation fee will be charged to the credit card on file. All charges are subject to audit, and either party will promptly pay to or credit the other party for any necessary adjustments or corrections to charges as a result of the audit. Customer must notify SS Rentals in writing of any disputed amounts, including credit card charges, within twenty-five (25) days after the receipt of SS Rentals rental contract/invoice, or Customer will be deemed to have irrevocably waived its right to dispute such amounts. Customer will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts.

  3. Past Due accounts will accrue a late fee of the lesser rate between 1.5% or the maximum amount permitted by law.

  5. A service/cleaning fee of $100.00 shall be applied in SS Rentals’ sole discretion for any Equipment it deems to be damaged or require excessive cleaning.

3. Permitted Use/Restrictions/Maintenance

  1. Customer agrees that SS Rentals has no control over the manner in which the Equipment is operated during the Rental Period. Customer warrants that: (a) Customer will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Customer’s intended use; (b) Customer has prior experience operating the Equipment, or has received all information requested regarding the operation of the Equipment; (c) SS Rentals is not responsible for providing operator or other training unless requested by Customer, and Customer alone is responsible for safely operating the Equipment; (d) Customer will: (i) use the Equipment for its customary purpose, in compliance with all operating and safety instructions, (ii) immediately discontinue use of the Equipment if it becomes unsafe or in a state of disrepair, or any conditions arise that would cause a reasonable consumer to investigate whether it is unsafe or in a state of disrepair, and (iii) not use the Equipment in a negligent, unauthorized, or abusive manner, or in a way that would void the manufacturer warranty; (e) The Equipment will be kept in a secure location; (f) Customer will maintain possession of the Equipment and will not sublease, sell the Equipment, or assign this T&C; (g) Customer will keep the Equipment free and clear of all liens, charges and encumbrances; (h) Customer will use the Equipment in compliance with all applicable laws and regulations; (i) Customer will not alter or cover up any decal or insignia on the Equipment, remove any operational or safety instructions, or remove or disable any safety device; (i) Customer will not aid in the vandalism or theft of the Equipment; (k) Customer will not rent the Equipment upon the basis of false or misleading information; (I) Customer will not operate the Equipment while intoxicated or under the influence of any substance that impairs Customer’s ability to operate the Equipment; and (m) Customer will not remove, operate, or utilize the Equipment outside of the United States, Canada or Guam.

​I. For Tool and Large Equipment Rentals Only

  1. Customer will maintain proper fuel, oil or lubrication levels in the tool and large equipment; and Customer further agrees to perform routine inspections on the Equipment, including inspections on leaks, cooling systems, water batteries, cutting edges, and cleaning in accordance with the manufacturer’s specifications.

​II. For Vehicle Rentals Only

  1. The rented vehicle includes tires, loading ramps, if applicable, a trailer, customary vehicle accessories, and documents (“Vehicle”). For the purposes of this T&C, “Authorized Driver” means, the following people to the extent they are at least 21 years old, have a valid driver’s license for the class of Vehicle being rented, and have Customer’s express permission to operate the Vehicle: (i) Customer, (ii) Customer’s spouse; and (iii) additional drivers named on the front page of this T&C.

4. Equipment Damage / Repairs / Protection

  1. I. For Tool and Large Equipment Rentals Only
  2. (a)        Equipment Damage. Regardless of fault, Customer is responsible for all loss of and damage to tools and large equipment (including loss or damage due to normal use and damage caused by theft, abuse, misuse, neglect, or intentional acts). Customer is responsible for SS Rentals’ loss of use and an administrative charge for expenses associated with processing the loss and damage claim (collectively, “Administrative Charges”).
  3. (b)       Repairs. In the event Customer does not elect to purchase Tool Damage Protection, Customer agrees that an estimated “Repair Cost” will be charged for tools and large equipment that is returned with damage due to abuse, misuse, neglect, or intentional acts. The Repair Cost will not exceed the fair market value of the Equipment and applicable fees. Customer acknowledges and agrees to pay the Repair Cost and authorizes SS Rentals to charge the Repair Cost to the Customer Card. All maintenance or repairs must be performed by SS Rentals.

  5. II. For Vehicle Rentals Only
  6. (a)        Vehicle Damage. Regardless of fault, Customer is responsible for all loss of and damage to the Vehicle (including loss or damage to the spare tire, jack, trailer (when applicable), and loading ramps), plus actual towing, storage, impound and other related expenses. Customer is responsible for SS Rentals’ loss of use and Administrative Charges.
  7. (b)       Repairs. Customer will not repair or replace any part of the Vehicle or otherwise alter the Vehicle without the prior written consent of SS Rentals. In the event consent is not obtained, Customer will pay for all unauthorized repairs, replacement parts, and the cost of restoring any unauthorized alterations.

5. Limitations of Liability

  1. I. For Tool and Large Equipment Rentals Only
  2. During the Rental Period, Customer assumes all risks associated with and full responsibility for the possession, custody and operation of the tools and large equipment, including, but not limited to, rental charges, renter transport, loading and unloading, property damages and destruction, losses, personal injury, and death. Customer expressly assumes all risk of damage to the tools and large equipment unless Customer purchased Tool Damage Protection, which alleviates certain costs and responsibilities, as provided in Section 4. Failure to return the tools and large equipment could lead to Customer being prosecuted for a crime.

  4. II. For Vehicle Rentals Only
  5. (a)        Except as expressly stated in Section 4(II)(c) and to the extent Customer purchased Vehicle Damage Protection, Customer is responsible for bodily injury (including death) and property damage to others resulting from use or operation of the Vehicle.

6. No Warranties

  1. SS Rentals does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment. SS RENTALS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Customer acknowledges acceptance of the Equipment “as is” and on a “where is” basis, with “all faults” and without any recourse whatsoever against SS Rentals.

7. Indemnification

  1. (a)        Except as otherwise provided for in this T&C, to the fullest extent permitted by law, Customer hereby indemnifies, releases, and holds SS Rentals harmless from and against all claims losses, expenses (including reasonable attorneys’ fees and expenses), liabilities and damages (including personal injury, death, property damage, lost profits, and special, incidental and consequential damages) arising out of: (I) all claims which are excluded from or in excess of the liability protection provided by SS Rentals; (II) all claims by or against SS Rentals arising out of Customer’s operation of the Equipment; and (III) all claims by or against SS Rentals arising out of Customer’s failure to comply with all terms of this T&C. Customer’s indemnity obligation will survive the expiration or termination of this T&C. If any part of this section is determined invalid by a court of competent jurisdiction, Customer agrees that this clause will be enforceable to the fullest extent permitted by law. To the extent that Customer’s state does not allow the exclusion or limitation of incidental or consequential damages, such limitations may not apply.

8. Default and Remedies

  1. (a)        Failure to Extend Rental Period: To extend the Rental Period, Customer must obtain SS Rentals’ written approval prior to the expiration of such Rental Period. Should Customer fail to return the Equipment prior to the expiration of the Rental Period or fail to return the Equipment in as good order and condition as when received, Customer will be in default of this T&C. In addition to remedies set forth in Section 3 (III), if the Equipment is not returned prior to expiration of the Rental Period, Customer will be charged an additional rental fee (“Additional Rental Fees”) until the first to occur of the following: (i) the Equipment is returned; or (ii) SS Rentals has received funds in the amount of the value of the Equipment based upon the condition of the Equipment at the beginning of the Rental Period (“Present Value”) not including any late charges, administrative fees, or interest;

9. Consent to Communication via Texting

  1. If Customer has consented to receive updates about Equipment via text message, Customer understands and agrees that by providing this consent, Customer may receive up to 5 autodialed informational messages at the mobile phone number Customer provided between the hours of 9am and 6pm. Customer understands and agrees that this consent is not required or a condition of purchasing any products and services and that Customer can opt out at any time by texting STOP in response to any text message, or call the phone number on the Contract. Standard message and data rates apply. Not all carriers are covered.

10. Notices

  1. SS Rentals may elect to send any notices to Customer by any means determined by SS Rentals. In particular, if Customer has provided SS Rentals with an email address, SS Rentals may send notices to Customer by email and such email notice by SS Rentals will be valid notices for purposes of this T&C.

11. Customer’s Independent Status

  1. The relationship between the parties under the T&C is that of independent contractors. Customer is not the agent or authorized representative of SS Rentals for any purpose.

12. Governing Law & Arbitration

  1. This T&C will be construed in accordance with Arizona laws. Any dispute, claim, or controversy arising out of or relating to this Agreement, including its formation, interpretation, performance, breach, or termination, shall be resolved by binding arbitration. The parties shall confer and agree in writing on a single arbitrator and the venue for arbitration within ten (10) business days after a party delivers a written demand for arbitration. If the parties fail to reach such agreement within that time, the arbitrator and venue shall be determined pursuant to the arbitration selection rules of the American Arbitration Association (“AAA”), and the arbitration shall be administered in accordance with the AAA Commercial Arbitration Rules then in effect. Unless otherwise agreed, the arbitration shall take place in Maricopa County, Arizona. The parties shall share equally in the payment of all arbitration fees and costs, except that the initiating party shall bear the AAA’s initial filing fee. The arbitrator shall have the authority to award to the prevailing party its reasonable attorneys’ fees and costs, including arbitration costs, as part of any award. Nothing in this provision shall prevent either party from seeking equitable relief, including injunctive relief, from any court of competent jurisdiction.

13. Severability

  1. If any provision of the T&C is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If any court finds that any provision of this T&C is invalid or unenforceable, but by limiting such provision it would be valid and enforceable, then such provision will be deemed to be written, construed, and enforce as so limited.

14. Entire Agreement

  1. This Agreement represents the entire agreement between SS Rentals and Customer. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement supersedes any prior written or oral agreements between the parties.