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Terms and Conditions

This is a rental contract.

You should familiarize yourself with it so that no misunderstanding of your obligations occurs. The words “Customer”, “You”, and “Your” mean the person who signs the Rental Contract (or is obligated under its terms). “Rental Center”, “We”, “Our”, and “Us” refer to Hartville Contractor Rentals LLC. This Rental Contract contains important Terms and Conditions including Our Disclaimers from liability and details of Your obligations for rental and other charges and responsibilities to care for and return the equipment. They are part of this Rental Contract. Please read them. I have read and agree to all the Terms and Conditions of this rental contract. I acknowledge receipt of the rental equipment, in good order, and a copy of this Rental Contract. If other than Customer, the signer represents that he/she is an agent of and authorized to sign for Customer.

  1. Inspection: Customer acknowledges that he/she has had opportunity to personally inspect the equipment, and finds it suitable for his/her needs and in good condition, and that he/she understands its proper use. Customer further acknowledges his/her duty to inspect the equipment prior to use and notify Dutch Rentalz of any defects.
  2. Possession/Title: We own the Equipment, and all of it will remain ours at all times. You are entitled only to use and possess the equipment for the rental period, subject to the terms of this contract. Customer’s right to possession terminates on the expiration of the rental period (“Due in” date & time). Time is the essence of this contract. Any extension must be mutually agreed upon in writing. If you retain any of the equipment beyond the agreed term without our express written consent, you will be deemed to have materially breached this contract. You will not take, grant, or permit the taking of any liens or other similar claims on any portion of the equipment, and you will take such action as may be necessary, to ensure that any such liens are released as soon as possible.
  3. Late Return: Customer will not retain the rental property beyond “Due in” time without prior notice to and the consent of Dutch Rentalz. The customer agrees to return the rented goods during Dutch Rentalz regular store hours, upon expiration of the rental period (“Due in” date & time). Customer agrees that if the rented goods are held beyond the expiration of the rental period (“Due in” date & time) as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.
  4. Replacement of Malfunctioning Equipment: If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Dutch Rentalz who will replace the equipment with similar equipment in good working order, if available. Dutch Rentalz is not responsible for any incidental or consequential damages caused by delays or otherwise.
  5. Warranties, There Are No Warranties of Merchantability or Fitness, Either Express or Implied: There is no warranty that the equipment is suited for Customer’s intended use, or that it is free from defects.
  6. Hold Harmless Agreement: Customer agrees to assume the risk of, and hold Dutch Rentalz harmless for, property damage and personal injuries caused by the equipment and/or arising out of Dutch Rentalz negligence.
  7. Use of Equipment: The equipment is authorized for use only by you and your agents and employees (each of whom must be skilled, experienced, trained and authorized in its use) at the location give as the “ship to” or “Job Address”. The Equipment is authorized for use only for its ordinary purpose. You agree not to, and to ensure that Your employees do not: (a) use the Equipment or any portion thereof for any other purpose; (b) use it for any illegal purpose; (c) except with respect to vehicles and trailers, remove it from the Site unless authorized in writing by Us; (d) use it without first ensuring that it has been properly inspected and maintained and that all oil, pressure and fluid levels are within the limits specified by Us, the OEM, and the applicable operating and/or maintenance manuals; (e)use it in any unsafe condition or manner; (f)permit its use by any person other than yourself or those or your employees who are fully trained and competent in its use; (g) attempt to repair or modify the unit without our prior specific written approval; (h) abuse, misuse, overuse, commit waste of, or otherwise permit any damage destruction of the Equipment; or (i) surrender possession of it to any other person, except a licensed common carrier that you retain to return to us with our prior written approval.
  8. Assignments, Subleases and Loans of Equipment: Dutch Rentalz may assign his rights under this contract without Customer’s consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Dutch Rentalz written permission. Any purported assignment by Customer is void.
  9. Dirty, Damaged or Lost Equipment: Customer agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while goods are out of the possession of Dutch Rentalz Customer also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damages, lost or stolen goods. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price. The cost of repairs will be borne by the Customer, whether performed by Dutch Rentalz, or at Dutch Rentalz option, by others.
  10. Time of Payment: Accounts are due and payable at the termination of the rental period. A carrying charge of 2% per month (ANNUAL RATE OF 24%) will be charged on all overdue accounts.
  11. Collection of Costs: Customer agrees to pay all reasonable collection, attorney’s and court fees and other expenses involved in the collection of the charges or enforcement of Dutch Rentalz rights under this contract.
  12. Repossession: Upon a failure to pay rent or other breach of this contract, Dutch Rentalz may terminate this contract and take possession of and remove the goods from wherever they are, and Dutch Rentalz and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.
  13. Inspection of Trailer Hitch: Customer agrees to inspect the trailer coupling mechanism and safety chain before leaving Dutch Rentalz premises. Customer also agrees to inspect the equipment periodically (every 100 miles) and to maintain the coupling and chain in a safe and secure condition.
  14. Damage to Bumpers: Dutch Rentalz is not liable for damage to Customer’s bumper or automobile done by detachable hitches, towbars, or other detachable equipment.
  15. Damage Waiver: The Equipment protection plan we offer is a Damage Waiver. IT IS NOT INSURANCE, NOR IS IT A WARRANTY. If customer agrees to pay the damage waiver charge, subject to the exceptions and exclusions below, Dutch Rentalz agrees to modify the terms of this contract and relieve you of liability for accidental damage to the rented items on this contract, and for loss due to fire, collision, windstorm, upset and riot. Exceptions and Exclusions: The foregoing notwithstanding, we exclude from this waiver any loss or damage due to theft, burglary, mysterious disappearance, damage due to misuse, abuse, or negligence, theft by conversion, intentional damage, striking a stationary object, or other loss due to your failure to care for the items as a prudent man would his own property, Including failure to maintain proper pressure levels or proper levels of oil, fuel, lubricants, hydraulic fluid, brake fluid and coolant. If any loss tends to indicate a crime may have been committed, a further condition is that you must file a report to the proper law enforcement authorities and furnish us with a copy. In addition, if you have insurance for loss or damage, you shall exercise, and empower us to exercise, all your rights to obtain recovery under insurance, shall cooperate with Dutch Rentalz to obtain recovery and all proceeds shall be given to Lessor.
  16. Loading and Unloading Equipment: Customer is responsible for loading and unloading equipment. Customer agrees to assume the risk and hold Dutch Rentalz harmless for any property damage or personal injuries, including damages or injuries attributable to the negligence of Dutch Rentalz or its employees.
  17. Property Damage: Dutch Rentalz is not responsible for property damage, including driveways, lawns, sprinkler systems, gardens, septic tanks, drain lines and/or flower beds as a result of on the job delivery and pick-up.
  18. Breach of Contract: A breach of contract may be constituted as theft.
  19. Severability: The provisions of this contract shall be severable so the invalidity, unenforceability, or waiver of any of the provisions shall not affect the remaining provisions. Metered Equipment Run Times 1 day= 8hrs 1 week= 40hrs 1 month= 160hrs YOU AGREE TO IDEMNIFY, DEFEND AND HOLD HARMLESS THE RENTAL OPERATOR (US) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEY FEES) ARISING FROM OR ASSOCIATED WITH YOUR BREACH OF ANY OF THE TERMS OF THIS DOCUMENT.