Terms & Conditions
COMMERCIAL TRAILER RENTAL AGREEMENT TERMS AND CONDITIONS—PRIMARY
Definitions
"Agreement" means all terms and conditions found on this form page and any other docum ents you sign or that we give you at the tim e of rental. "You" or "your" m eans the person identified as the renter or additional renter on this form, all Authorized Drivers, and any person or organization to whom charges are billed by us at its or the renters’ direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the business renting the Trailer to you. "Authorized Driver" m eans you and any additional driver listed by us on this Agreem ent. "Trailer" m eans the non-m otorized trailer identified in this Agreement and any trailer we substitute for it. "Loss of Use" m eans the loss of our right to use the Trailer for any reason because of dam age to it or loss of it during this rental. Loss of Use is calculated by multiplying the number of days from the date of loss or damage to the Trailer until it is replaced or repaired times the daily rental rate. “Diminished Value” means the difference between the actual cash value of the Trailer just prior to damage or loss less the value of the Trailer after its repair. I f we elect not to repair the Trailer “Diminished Value” means the difference between the actual cash value of the Trailer just prior to damage or loss less the salvage or sale value of the Trailer.
Rental, Indemnity and Warranties.
This is a contract for rental of the Trailer. We may repossess the Trailer at your expense without notice to you, if the Trailer is abandoned or used in violation of law or this Agreem ent. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Trailer. W e m ake no w arranties, express, im plied or apparent, regarding the Trailer, no w arranty of m erchantability and no w arranty that the Trailer is fit for a particular purpose.
Condition and Return of Trailer
You must return the Trailer to the place and on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. I f the Trailer is returned after closing hours, you remain responsible for the safety of, and any damage to, the Trailer until we inspect it upon our next opening for business. Service to the Trailer or replacem ent of parts or accessories during the rental m ust have our prior approval.
Responsibility for Damage or Loss; Reporting to Police
You are responsible all damage to, or loss or theft of, the Trailer, including damage caused by weather, road conditions and acts of nature, whether or not you are at fault. You are responsible for the cost of repair or the actual retail cash value of the Trailer if it is not repairable or if we elect not to repair it. You are also responsible for Loss of Use, Diminished Value, missing equipment, and a reasonable charge to cover our administrative expenses connected with any damage claim, You must report all accidents involving the Trailer to us and the police within 24 hours of occurrence.
Prohibited Uses
The following uses of Trailer are prohibited: ( a) transporting dangerous or hazardous item s or illegal m ateriel; ( b) transporting living persons; ( c) tow ing the Trailer by anyone under the influence of drugs or alcohol; ( d) allow ing the Trailer to be tow ed by anyone w ho is not a renter or an Authorized Driver; ( e) any use of the Trailer by anyone w ho obtained the Trailer or extended the rental period by giving us false, fraudulent or m isleading inform ation; ( f) use of the Trailer in furtherance of any illegal purpose or under any circum stance that w ould constitute a violation of law other than a m inor traffic citation; ( g) use of the Trailer outside the United States or Canada; ( h) use of the Trailer w hen loaded beyond its capacity, as determ ined by the m anufacturer of the Trailer; ( i) tow ing the Trailer through or under any structure w ithout sufficient overhead or side clearance; ( j) use of the Trailer w hen it is reasonable to expect you to know that further operation w ould dam age the Trailer; ( k) using the Trailer in a m anner that causes dam age to it due to inadequately secured cargo; ( l) dam aging the Trailer by your intentional, w anton, w illful or reckless conduct; and, ( m ) dam aging the Trailer by placing signs, lettering or painting on the Trailer.
Insurance
We provide primary collision and comprehensive insurance on the Trailer with a per-occurrence deductible. Our insurance has a per-occurrence deductible, the am ount of which is shown as Dealers’ Deductible on the reverse. You are responsible for dam age to the Trailer up to the deductible amount. The coverage does not extend to the contents of the Trailer. You must provide liability insurance coverage on the Trailer through the motor vehicle insurance policy covering the towing vehicle.
Charges
You agree to pay us on dem and for all charges due us under this Agreement, including, but not limited to: (a) time, and mileage (if applicable), for the period you keep the Trailer; (b) applicable taxes; (c) all traffic, toll or parking violations, fines, penalties, citations, forfeitures, court costs, towing and storage charges and other expenses involving the Trailer assessed against us or the Trailer; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $100 for each such charge; (d) all costs we incur recovering the Trailer if you fail to return it as agreed above; (e) all costs, including pre- and post-judgm ent attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) a 5% late payment fee on all amounts paid past the due date; (g) $100 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (h) a reasonable fee not to exceed $500 to clean the Trailer, if returned substantially less clean than when rented. We will not refund any of the time or mileage charges if you return the Trailer earlier than the date or tim e due in
Deposit.
We may use your deposit to pay any monies owed to us under this Agreement, including our estimate of damages to the Trailer
Modifications
No term of this Agreement can be waived or m odified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreem ents between you and us regarding this rental are m erged into this Agreem ent.
Waiver
A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the perform ance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreem ent does not constitute a waiver of any other provision of this Agreement. You release us from any liability for consequential, special or punitive damagesin connection with this rental or the reservation of a trailer. I f any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.