Terms and conditions
TERMS & CONDITIONS
Do not sign until agreement has been fully read and agreed to.
1. Definitions: "Agreement" means all terms and conditions found on this form page and any other documents you sign or that we give you at the time of rental. "You" or "your" means 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" means you and any additional driver listed by us on this Agreement. "Trailer" means the non-motorized trailer identified in this Agreement and any trailer we substitute for it. "Loss of Use" means the loss of our right to use the trailer for any reason because of damage 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. If 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.
2. 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 agreement. 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. We make no warranties, express, implied or apparent, regarding the trailer, no warranty of merchantability and no warranty that the trailer is fit for a particular purpose.
3. 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. If the trailer is returned after 8pm and before 8am, 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 replacement of parts or accessories during the rental must have our prior approval.
4. Responsibility for Damage or Loss; Reporting to Police: You are responsible for 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.
5. Responsibility for Damage or Loss; Equipment Included: I acknowledge receiving all items above and know that I am responsible for returning all items in good working condition or else I will be expected to pay for that item. I have carefully inspected the trailer, tires, hitch and find them all in satisfactory condition. I understand that I am responsible for any and all damages up to and including theft.
6. Prohibited Uses: The following uses of trailer are prohibited: ( a) transporting dangerous or hazardous item(s) or illegal material; ( b) transporting living persons; ( c) towing the trailer by anyone under the influence of drugs or alcohol; ( d) allowing the trailer to be towed by anyone who is not a renter or an authorized Driver; ( e) any use of the trailer by anyone who obtained the trailer or extended the rental period by giving us false, fraudulent or misleading information; ( f) use of the trailer in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic citation; ( g) use of the trailer outside the United States; ( h) use of the trailer when loaded beyond its capacity, as determined by the manufacturer of the trailer; ( i) towing the trailer through or under any structure without sufficient overhead or side clearance; ( j) use of the trailer when it is reasonable to expect you to know that further operation would damage the trailer; ( k) using the trailer in a manner that causes damage to it due to inadequately secured cargo; ( l) damaging the trailer by your intentional, wanton, willful or reckless conduct; and, ( m ) damaging the trailer by
placing signs, lettering or painting on the trailer.
7. Charges: You agree to pay us on demand for all charges due to 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-judgment attorney fees we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (f) a 10% 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 or 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 time due in.
8. Deposit: We may use your deposit to pay any monies owed to us under this Agreement, including our estimate of damages to the trailer.
9. Modifications: No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are merged into this Agreement.
10. Waiver: A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance 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 Agreement does not constitute a waiver of any other provision of this Agreement. You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a trailer. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable
11. Late Return of Trailer: The Trailer must be returned no later than the date and time specified in this Agreement. If Renter fails to return the Trailer as agreed, Renter shall be charged an additional rental fee of $_85.00__ per day (or any portion thereof) until the Trailer is returned and accepted by Owner.In addition to the late-return charge, Renter shall be responsible for any losses, damages, canceled reservations, administrative costs, recovery expenses, towing expenses, attorney fees (where permitted by law), and other costs incurred by Owner as a result of the late return.Owner reserves the right to treat an unreturned Trailer as unlawfully retained and to pursue all remedies available under applicable law.
12. Damage Assessment and Repair Charges/Damage, Loss, and Repair Authorization: Renter is responsible for any damage to the Trailer occurring during the rental period, regardless of fault, including but not limited to damage caused by collision, rollover, impact, theft, vandalism, misuse, overloading, improper towing, road hazards, negligence, or unauthorized use. Owner may inspect the Trailer upon return and determine whether damage exists. Renter authorizes Owner to obtain repair estimates from qualified repair facilities and to assess charges based upon:
●Actual repair costs;
●Replacement costs for damaged or missing equipment;
●Loss of rental income during repairs;
●Administrative costs associated with damage claims;
●Towing, storage, and recovery expenses; and
●Applicable taxes and fees.
Tire and Wheel Damage. Normal wear and tear shall not be considered damage. Renter acknowledges that tire punctures, blowouts, sidewall damage, wheel damage, bent rims, damage caused by road hazards, curbs, debris, improper loading, underinflation, overloading, or negligent operation of the Trailer are not considered ordinary wear and tear. Renter shall be solely responsible for the cost of repair or replacement of damaged tires, wheels, and related components.
13.Credit Card Authorization/Authorization for Additional Charges: Renter expressly authorizes Owner to charge any credit card, debit card, or other payment method provided by Renter for any amounts due under this Agreement, including but not limited to:
●Rental charges;
●Rental extensions;
●Late-return fees;
●Cleaning charges;
●Fuel charges (if applicable);
●Damage repairs;
●Missing or damaged equipment;
●Administrative fees;
●Towing, storage, and recovery costs;
●Traffic violations, tolls, parking citations, and associated administrative costs; and
●Any other amounts owed under this Agreement. Such charges may be processed immediately upon discovery of the chargeable event and without further authorization from Renter. The owner shall provide supporting documentation upon reasonable request.
14. Insurance Requirements: Renter represents and warrants that they maintain valid automobile liability insurance covering the towing vehicle and any liability arising from operation of the Trailer. Renter remains fully responsible for all damages, losses, claims, and liabilities regardless of insurance coverage or denial of coverage by any insurer.
Acknowledgment Immediately Before Signature
Important Acknowledgment
By initialing and signing below, Renter acknowledges that:
Renter has read this entire Agreement;
Renter understands and agrees to all terms and conditions;
Renter specifically reviewed and approved the provisions regarding late-return charges, damage assessments, and credit card authorization;
Renter authorizes Owner to charge the payment method on file for any amounts due under this Agreement; and
Renter accepts sole and absolute responsibility for the Trailer and its operation from the time possession is taken until the Trailer is returned and accepted by Owner.
By signing below you acknowledge that you have been given an opportunity to read the Term and Conditions of this Agreement before being asked to sign. You accept sole and absolute responsibility for the trailer and its operation from the moment of possession.
Do not sign until agreement has been fully read and agreed to.
