Shift Rates
Unless previously agreed upon, all diesel equipment is to be operated single shift for the monthly rate. Single shift is defined as 8 hr/day, 40
hr/week, 160 hr/month. DT or Unlimited will be billed if hours exceed 160 per month. All diesel equipment is delivered full of fuel and is expected to be returned as such.
Negligent Damages
If a rental unit returns with damage caused by negligence or requires heavy cleaning and/or waste removal, the customer is responsible for all
parts, disposal costs, and labor billed at $130/hr.
Lessee Warnings
- Rental rates exclude fuel, oil, water, and other consumables such as
vacuum hose, blast hose, bull hose, control line, etc.
- Dust Collector and Recycler Augers must be operated at least twice daily. If debris accumulates in Hoppers, a cleaning fee will be charged.
Dust Collectors must be purged daily to ensure filter cleanliness; failure to do so will result in a filter charge.
Indemnity / Hold Harmless
The customer is responsible for taking necessary precautions with the rented equipment to ensure the safety of all individuals and property. The customer agrees to indemnify and hold MES or affiliates harmless from any liability, claims, judgments, including attorney's fees and costs, of any kind, including, but not limited to, injuries, death, or property damage arising from the use, maintenance, instruction, operation, possession,
ownership, or rental of the equipment. This indemnification does not apply to claims resulting from MES or affiliate's sole negligence or willful
misconduct.
Assumption of Risk / Liability Discharge
The customer acknowledges that there is a potential risk of injury or damage associated with the use or operation of the rented equipment. By
voluntarily entering into this rental agreement, the customer assumes all risks related to injury and damage. The customer releases and discharges MES or affiliates from any responsibility or liability for any injury or damage arising from the use or operation of the equipment. Furthermore, the
customer agrees to waive, release, and discharge any claims for injury or damage, to persons or equipment, against MES or affiliates that they may
otherwise be entitled to assert.
Use
Lessee agrees to operate the equipment carefully and properly at the contract location, and only allow qualified personnel to operate it.
Modifications to the equipment are prohibited without Lessor's written permission. The equipment is to be used solely for legal business purposes, not personal, family, or agricultural purposes.
Location
The equipment must be delivered and maintained at the specified location and cannot be removed without Lessor's written consent. Lessee is responsible for obtaining any required consent from the landlord.
Insolvency
If insolvency or bankruptcy proceedings are entered by or against Lessee, this agreement terminates as of the day before the proceedings began, and the equipment must be returned to Lessor immediately upon demand.
Warranties
LESSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING EQUIPMENT CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE RENTS THE EQUIPMENT "AS IS."
Usage Rate
Hourly usage is charged to the nearest hour, based on state-of-the-art tracking equipment. Rentals are based on an eight-hour day, five-day forty-hour week, and twenty-day one hundred sixty-hour month. For all diesel equipment, customers must change oil and filters every 250 hours.
Lessee's Obligations
a. Lessee is responsible for all transportation and handling charges to and from Lessor's yard.
b. Lessee must pay for minor repairs and any major repairs required due to negligence, abuse, or modifications.
c. Lessee must keep the equipment free of liens and encumbrances and in good repair.
Hazardous Waste
Upon retrieval of a rental unit from the job site, any materials discovered within the units during retrieval shall render the scheduled pick-up void. Testing shall be conducted for all title 22 metals. Any and all testing, disposal, and cleaning expenses become the customer's responsibility when returned to MES with material contained in the units.
Invoice
This is the only invoice. If legal action is required for collection, Lessee agrees to pay all collection costs and attorney's fees.
Insurance
Lessee must maintain public liability insurance policies with minimum limits of $1,000,000 for personal injury and $1,000,000 for property damage.
Marine Equipment Supply, LLC is to be named as additional insured on all policies (except Workers Compensation) with a waiver of subrogation.
Governing Law
This agreement is governed by the laws of the State of Alabama. Any disputes will be resolved in the courts of Mobile County, Alabama.