Rental Agreement Terms and Conditions

Terms and Conditions

 

EQUIPMENT RENTAL AGREEMENT TERMS AND CONDITIONS (“AGREEMENT”)

 

1. GENERAL.  This Agreement is between Metro Floor Restore and Polish, a division of The Maintenance Management Group LLC. and the customer identified on the front page of this Agreement (“Renter”). Metro Floor Restore and Polish will provide Renter the tools, large equipment (including, Auto Scrubbers), (collectively,“Equipment”) described on the front page of this Agreement and in accordance with the terms set forth in this Agreement. Metro Floor Restore and Polish 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 front page of this Agreement (“Rental Price”). Renter 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.  Renter is responsible for all charges due in full at the commencement of the Rental Period or upon Metro Floor Restore and Polish’s request,

using a payment method approved by Metro Floor Restore and Polish (“Renter Card”), including any deposits (“Deposits”). Renter consents to the reservation of credit for

estimated charges due, and authorizes Metro Floor Restore and Polish to process all amounts due, on Renter Card.  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. Renter must notify Metro Floor Restore and Polish in writing of any disputed amounts, including credit card charges, within twenty-five (25) days after the receipt of theMetro Floor Restore and Polish rental contract/invoice, or Renter will be deemed to have irrevocably waived its right to dispute such amounts.  Renter 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. PERMITTED USE/RESTRICTIONS/MAINTENANCE. Renter agrees that Metro Floor Restore and Polish has no control over the manner in which the Equipment is operated during the Rental Period. Renter warrants that:

(a) Renter will inspect the Equipment to confirm that it is in good condition, without defects and is suitable for Renter’s intended use;

(b) Renter has received all information requested regarding the operation of the Equipment;

(c) Metro Floor Restore and Polish is not responsible for providing operator or other training unless requested by Renter;

(d) Renter 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, and (III) not use the Equipment in a negligent, unauthorized, or abusive manner;

(e) The Equipment will be kept in a secure location;

(f) Renter will maintain possession of the Equipment and will not sublease, sell the Equipment, or assign this Agreement;

(g) Renter will keep the Equipment free and clear of all liens, charges and encumbrances;

(h) Renter will use the Equipment in compliance with all applicable laws and regulations;

(i) Renter will not alter or cover up any decal or insignia on the Equipment or remove any operational or safety instructions;

(j) Renter will not aid in the vandalism or theft of the Equipment;

(k) Renter will not rent the Equipment upon the basis of false or misleading information;

(l) Renter will not operate the Equipment while intoxicated or under the influence of any substance that impairs Renter’s ability to operate the Equipment; and

(m) Renter will not remove, operate, or utilize the Equipment outside of the United States, Canada or Guam.

 

I. For Tool and Large Equipment Rentals Only.  Renter is required to do the following:

• Renter will maintain proper fuel, oil or lubrication levels in the tool and large equipment; and

• Renter 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. Equipment Return.

(a) On or before the date and at the time specified in the Agreement, Renter will return the Equipment to Metro Floor Restore and Polish at the location where the Equipment was rented, in the same condition as when rented.  Moreover, if the Equipment is not returned as specified in this Section 3, a cleaning charge, a drop charge or a rate change may apply (in addition to any remedies set forth in Section 8 below). If the Equipment is not returned at the expiration of the Rental Period or if Metro Floor Restore and Polish determines that the Equipment is no longer in Renter’s possession, Renter will be deemed unlawfully in possession of the Equipment, and Metro Floor Restore and Polish may, among other remedies, seek the issuance of a warrant for the arrest of Renter or any other person in possession of the Equipment.

 

4. EQUIPMENT DAMAGE / REPAIRS / PROTECTION.

I. For Tool and Large Equipment Rentals Only;

(a) Equipment Damage. Regardless of fault, Renter 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). Renter is responsible for Metro Floor Restore and Polish’s loss of use and an administrative charge for expenses associated with processing the loss and damage claim (collectively, “Administrative Charges”).

(b) Damage Protection Plan. Tool damage protection is an optional service offered by Metro Floor Restore and Polish that, if selected, modifies this Agreement to relieve Renter of repair charges, replacement charges or Administrative Charges if the Equipment is damaged during normal use during the Rental Period (“ Damage Protection”). Renter must accept or decline the Damage Protection. In the event Renter elects Damage Protection services: (i) the charge for Damage Protection is 15% of the Rental Price and will appear as a separate line-item on the Agreement and on the invoice; and (ii) Damage Protection does not cover loss of or damage to tools and large equipment caused by anything other than normal use, including damage caused by theft, abuse, misuse, neglect, or intentional acts.  Renter expressly acknowledges and agrees that Renter will be responsible for all loss or damage caused by anything other than normal use of tools and large equipment. Damage Protection is not insurance and Metro Floor Restore and Polish may make a profit on its Damage Protection.

(c) Repairs. In the event Renter does not elect to purchase Damage Protection Plan, Renter 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. Renter acknowledges and agrees to pay the Repair Cost and authorizes Metro Floor Restore and Polish to charge the Repair Cost to the Renter Card. All maintenance or repairs must be performed by Metro Floor Restore and Polish

 

5. LIMITATION OF LIABILITY.

I. For Tool and Large Equipment Rentals Only.  DURING THE RENTAL PERIOD, RENTER 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. RENTER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE TOOLS AND LARGE EQUIPMENT UNLESS RENTER PURCHASED DAMAGE PROTECTION, WHICH ALLEVIATES CERTAIN COSTS AND RESPONSIBILITIES, AS PROVIDED IN SECTION 4. FAILURE TO RETURN THE TOOLS AND LARGE EQUIPMENT COULD LEAD TO RENTER BEING PROSECUTED FOR A CRIME..  

 

6. NO WARRANTIES. Metro Floor Restore and Polish does not design or manufacture the Equipment and is not the agent of the manufacturer or any other supplier of the Equipment. Metro Floor Restore and Polish DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR

PURPOSE. Renter acknowledges acceptance of the Equipment “as is” and on a “where is” basis, with “all faults” and without any recourse whatsoever against Metro Floor Restore and Polish.

 

 

7. INDEMNIFICATION. 

(a) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW, RENTER HEREBY INDEMNIFIES, RELEASES, AND HOLDS METRO FLOOR RESTORE AND POLISH 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

METRO FLOOR RESTORE AND POLISH; (II) ALL CLAIMS BY OR AGAINST METRO FLOOR RESTORE AND POLISH ARISING OUT OF RENTER’S OPERATION OF THE EQUIPMENT; AND (III) ALL CLAIMS BY OR AGAINST METRO FLOORS RESTORE AND POLISH ARISING OUT OF RENTER’S FAILURE TO COMPLY WITH ALL TERMS OF THIS AGREEMENT. RENTER’S INDEMNITY OBLIGATION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT . IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION,

RENTER AGREES THAT THIS CLAUSE WILL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT RENTER’S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.

(b) NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT TO THE CONTRARY, METRO FLOOR RESTORE AND POLISH WILL NOT BE LIABLE TO RENTER, AND RENTER WAIVES ANY CLAIM AGAINST METRO FLOOR RESTORE AND POLISH FOR LOST USE, LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOST REPUTATION, LOSS OF PRODUCTIVITY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE RENTAL, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RESULT FROM A BREACH OF THIS AGREEMENT.

 

8. DEFAULT AND REMEDIES.

(a) Failure to Extend Rental Period:  To extend the Rental Period, Renter must obtain Metro Floor Restore and Polish approval prior to the expiration of such Rental Period.  Should Renter 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, Renter will be in default of this Agreement. In addition to remedies set forth in Section 3 (III), if the Equipment is not returned prior to expiration of the Rental Period, Renter will be charged an additional rental fee (“Additional Rental Fees”) until the first to

occur of the following:  (i) the Equipment is returned; (ii) Metro Floors Restore and Polish 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”)

(b) Breach of Terms and Conditions. In the event that Metro Floor Restore and Polish determines Renter has violated any term or condition of this Agreement,

Metro Floor Restore and Polish may take all action necessary to secure either: (i) the return of the Equipment; or (ii) funds equal to the Present Value. In the event

Metro Floor Restore and Polish must take actions pursuant to this Section 8(b) or Section 3(II), Renter will reimburse Metro Floor Restore and Polish for all costs incurred

including, without limitation, reasonable attorney’s fees. Renter expressly agrees and hereby authorizes Metro Floor Restore and Polish to charge to the Renter Card,

all amounts shown on the front page of this Agreement, and all charges subsequently incurred by Renter under or related to this Agreement, including

but not limited to: (A) extension of the Rental Period; (B) any charges incurred in connection with the recovery of the Equipment; (C) any charges

incurred for failure to return the Equipment, INCLUDING, WITHOUT LIMITATION, ADDITIONAL RENTAL FEES OR EQUIPMENT REPLACEMENT FEES (less any paid Additional Rental Fees). To the extent required by applicable payment card network rules, Metro Floor Restore and Polish will obtain Renter’s additional authorization to charge Renter Card, if applicable, for any insurance costs related to Equipment loss, theft, or damage during the Rental Period.

(c) Payments. Renter can withdraw authorization to pay the Additional Rental Fees on a weekly recurring payment at any time, and make alternative arrangements to pay the Additional Rental Fees. Metro Floor Restore and Polish is authorized to obtain updated card account information from the card issuer. Renter agrees that a service charge of 1.5% per month, or the maximum rate permitted by law, will be assessed on all delinquent accounts, until paid in full. Deposits will be returned only after all amounts payable to Metro Floor Restore and Polish are paid in full. If Renter’s payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3'rd party collection agency on the 31st day after the expiration of the Rental Period.

(d) No Notice. RENTER HEREBY AGREES THAT RENTER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY METRO FLOOR RESTORE AND POLISH OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT.

Should Metro Floor Restore and Polish fail to meet any of its obligations under this Agreement, Renter’s only remedy is repair or replacement of the Equipment or

a rental charge adjustment at Metro Floor Restore and Polish sole discretion.

 

9. NOTICES. Metro Floor Restore and Polish may elect to send any notices to Renter by any means determined by Metro Floor Restore and Polish.  In particular, if Renter

has provided Metro Floor Restore and Polish with an email address, Metro Floor Restore and Polish may send notices to Renter by email and such email notice by Metro Floor Restore and Polish will be valid notices for purposes of this Agreement.

 

10.RENTER’S INDEPENDENT STATUS. The relationship between the parties under the Agreement is that of independent contractors. Renter is not the agent or authorized representative of Metro Floor Restore and Polish for any purpose.

 

11. GOVERNING LAW.  This Agreement will be construed in accordance with the laws of the State of Michigan.

 

12. SEVERABILITY.  If any provision of the Agreement 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 Agreement 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 enforced as so limited.

 

13. ENTIRE AGREEMENT.  This Agreement represents the entire agreement between Metro Floor Restore and Polish and Renter.  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.

 

 

 

Metro Floor Restore and Polish

A division of The Maintenance Management Group

 

32433 Eight Mile 

Livonia, MI 48152

 

734-838-4047

info@metrofloorrestoreandpolish.com