Rental Agreement Terms and Conditions
The below terms apply to your rental of Equipment from or provision of services by High Reach Co., LLC (“High Reach”). High Reach leases to Customer and Customer leases from High Reach all those items of the equipment described in this Rental Agreement ("Agreement"), collectively referred to as the "Equipment" at such lease rate and for such periods of time as are stated, subject to the following terms and conditions.
- CHARGES. Customer will pay High Reach on demand all lease charges as set forth in this Agreement. Customer will also pay all costs and expenses of every nature occasioned by or involving the use of Equipment, including costs for all repair, maintenance, fuel, oil, all applicable sales and excise taxes, and all legal assessments, taxes or public charges, either local, municipal, state or federal, which may be levied upon the Equipment while in the possession of the Customer. If Customer fails to pay any charge, cost, or expense to High Reach within thirty (30) days after the due date on the invoice, Customer will be subject to a monthly late fee to High Reach until the outstanding balance is paid in full based on one and one-half percent (1.50%) of the total outstanding invoice amount. In the event Customer fails to make payment and High Reach has a credit card securing the equipment, Customer then irrevocably authorizes High Reach to charge the credit card for the amount owed.
Customer shall keep the Equipment free and clear of all levies, liens and encumbrances. Customer, or High Reach at Customer’s expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, and other taxes, fees and governmental charges similar or dissimilar to the foregoing, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, upon the Equipment or the purchase, use, operation or leasing of the Equipment or otherwise in any manner with respect thereto and whether or not the same shall be assessed against or in the name of High Reach or Customer. However, Customer shall not be required to pay or discharge any such tax or assessment so long as it shall, in good faith and by appropriate legal proceedings, contest the validity thereof in any reasonable manner which will not affect or endanger the title and interest of High Reach to the Equipment; provided, Customer shall reimburse High Reach for any damages or expenses resulting from such failure to pay or discharge.
For Equipment leases with a term of more than twelve (12) months, High Reach reserves the right, at its sole discretion, to increase the monthly Equipment lease charge to the then current monthly rental rate for the Equipment. If High Reach exercises this option, it will notify Customer within fifteen (15) days of the upcoming month in which the increased Equipment lease charge is set to increase. Customer’s retention of the Equipment into the new monthly lease period irrevocably constitutes Customer’s agreement to pay the increased Monthly lease charge as it becomes due.
- RENEWAL OR HOLD OVER. If the lease period of this Agreement is extended, if other Equipment is substituted, or the Equipment is exchanged for any reason, or if Customer retains possession of the Equipment beyond the lease period specified herein, all of the terms and conditions of this Agreement will apply to any such extension, substitution, or Customer’s retention of the Equipment, even if wrongful, until High Reach regains actual physical possession of the Equipment.
- LOCATION OF EQUIPMENT. The Equipment will be located at the "Shipped To" address during the entire lease period and shall not be removed from that location without High Reach's prior written consent. If the Equipment is not shipped to the job site or to the location in which Customer intends to use the Equipment, then Customer must so notify High Reach and receive High Reach’s permission to move the Equipment from the “Shipped To” location. Customer represents and warrants to High Reach that the Customer has the right and authority to access and store the Equipment at the “Shipped To” location and Customer will bear any and all responsibility for damage to, or loss of, the Equipment as a result of inaccuracy of the representation and warranty being made hereunder.
- ACCEPTANCE OF EQUIPMENT. Customer acknowledges that twenty-four (24) hours after receipt of the Equipment is a reasonable time period and opportunity to inspect the Equipment. Unless Customer notifies High Reach in writing within twenty-four (24) hours after receipt of the Equipment, Customer's retention or use of the Equipment is an acknowledgment that Customer has inspected the Equipment, found no damage or defects, the Equipment is in good mechanical condition and free of defects and that Customer accepts the Equipment as suitable. In the absence of a signature, acceptance of equipment as defined above is Customer’s agreement to the Rental Agreement including all terms and conditions. Such notice will detail the complete condition of the Equipment as it existed upon Customer's receipt of the Equipment. If Customer gives such written notice, High Reach will have the right to, at its option and WITHOUT ANY OTHER LIABILITY TO CUSTOMER, (a) repair or replace the Equipment within a reasonable time during High Reach's business hours, or (b) cancel this Agreement and refund that portion of paid lease charges, if any, for the unexpired term of the Agreement, less whatever charges are due High Reach for damage to or maintenance of the Equipment. No defect in the Equipment will relieve Customer of any of Customer's obligations under this Agreement.
- GPS: Customer acknowledges that the location of the Equipment is being tracked by a GPS device and consents to the collection and monitoring of all electronic information, including GPS data, generated by or in connection with the use or location of the Equipment while it is being used by Customer. Customer expressly acknowledges and agrees that any and all electronic information or data collected, including GPS data, is owned by High Reach and Customer waives any right or claim to ownership of such electronic information or data.
- NO WARRANTIES BY HIGH REACH. HIGH REACH MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO EQUIPMENT, SPECIALTY MEDIA OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HIGH REACH SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES (INCLUDING EXISTENCE OF LATENT OR PATENT DEFECTS IN THE EQUIPMENT OR ENVIRONMENTAL HAZARDS) FOR DAMAGES, INCLUDING BUT NOT LIMITED TO ACTUAL, DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LEASE, MAINTENANCE, USE, MISUSE, IMPROPER USE, NEGLIGENCE, OPERATION, STORAGE, ERECTION, DISMANTLING OR TRANSPORTATION OF EQUIPMENT. HIGH REACH SHALL NOT BE LIABLE TO CUSTOMER FOR LOSS OF USE OF THE EQUIPMENT, OR FOR ANY INTERRUPTION IN CUSTOMER'S BUSINESS OCCASIONED BY CUSTOMER'S INABILITY TO USE THE EQUIPMENT FOR ANY REASON WHATSOEVER.
- INDEMNIFICATION. Customer shall indemnify, hold harmless and defend High Reach, its employees, agents and representatives, from, and shall pay and discharge, all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys’ fees and costs, of any third parties which arise from or in any manner relate to:
At its sole cost and expense, Customer shall defend High Reach, its employees, agents and representatives, against all claims, suits or proceedings based on any claim or cause of action for which High Reach is entitled to be protected hereunder. Customer shall be responsible for all attorneys’ fees, costs and expenses associated with said defense. High Reach shall be entitled to defend any claim, suit or proceeding on its own behalf and Customer agrees that it shall be liable for all attorneys’ fees, costs and expenses incurred by High Reach in such defense.
- NO RELIANCE ON HIGH REACH. High Reach is not the manufacturer of the Equipment, and Customer has not relied, and may not rely, upon High Reach's skill or judgment in selecting, or requesting that High Reach furnish, the Equipment.
- WHO MAY OPERATE THE EQUIPMENT. Only Customer and its employees in the course of such employee's regular employment may operate the Equipment, with Customer's permission, and only if those persons are over twenty-one (21) years of age and are properly qualified to operate the Equipment. Prior to operation, Customer will and must ensure that each operator will receive, read, understand and comply with the manufacturer's instructions on proper operation within the Equipment's rated capacity and that each such operator is qualified to operate the Equipment. The operation of the Equipment by a person other than Customer or an employee of Customer is expressly prohibited by High Reach and shall constitute a misuse of the Equipment.
- CARE, USE AND OPERATION OF THE EQUIPMENT. Customer agrees that the Equipment will be used exclusively for business or commercial purposes and the use of the Equipment for personal uses shall constitute a misuse of the Equipment. Customer will use the Equipment only in accordance with the manufacturer's instructions, which specifically includes, but is not limited to, wearing the safety harness at all times while operating the Equipment, not operating the Equipment within ten feet of an electrical or utility pole, operating the Equipment within its rated capacity, in a careful and proper manner, and will comply with all ordinances, laws, statutes, rules and regulations relating to the possession, use, or maintenance of the Equipment. Customer will not use the Equipment longer than eight (8) hours per day, forty (40) hours per week, or one hundred sixty (160) hours per month, unless it paid additional charges for such excess use at the time of lease. At the end of the Lease Term Customer will return the Equipment to High Reach with the same level of fuel that was present at the time that Customer received the equipment. If the Equipment is returned to High Reach with less fuel than at the time it was received by Customer, High Reach, in its sole discretion, will refuel the Equipment and charge that amount to Customer’s account at the prevailing rates for fuel. In addition, Customer agrees to maintain a five (5) gallon minimum of fuel in the Equipment at all times, including upon the time of return to High Reach. Until High Reach regains actual physical possession of the Equipment, Customer will ensure that the Equipment is kept in a safe and secure location and is not subjected to careless or rough usage. If the Equipment needs service or becomes unsafe, Customer will immediately cease operating the Equipment and notify High Reach promptly by telephone, and thereafter in writing. If the Equipment is used in any manner that would constitute a default or violation of this Agreement, such as a misuse of the Equipment or use of the Equipment by an unauthorized person, or is obtained from High Reach by fraud or misrepresentation or is used in furtherance of any illegal purpose, all such use of the Equipment is without High Reach's permission.
- RETURN OF EQUIPMENT. Customer will notify High Reach and arrange for High Reach to pick up the Equipment at the end of the lease period. Upon the expiration or earlier termination of this Agreement, High Reach has the right to enter the premises where the Equipment is located and take possession of the Equipment without any liability to Customer. Customer shall make the Equipment available and accessible for pick up by High Reach without any obstruction. If High Reach is unable to remove the Equipment from the premises due to any obstruction, this lease will remain in effect, and additional freight charges may be levied against Customer at High Reach's sole discretion, until such time the Customer makes the Equipment available and accessible for pick up. Customer shall return the Equipment to High Reach in the same condition it was in when Customer received it, ordinary wear excepted.
- NOTICE OF LOSS, ACCIDENT OR INJURY. If the Equipment is lost, stolen, damaged or if any personal injury relating to the use of the Equipment occurs, Customer must notify High Reach immediately by telephone, and thereafter immediately report in writing to High Reach and the public authorities all information deemed relevant thereto by High Reach. Customer will cause its agents and employees to give High Reach and the public authorities full and complete information and assistance in the investigation of any matter resulting from said loss, theft, damage or injury.
- REPAIRS AND ALTERATIONS. Customer will make no alterations, including repairs, to the Equipment without first obtaining prior written permission from High Reach.
- HIGH REACH'S RIGHT OF INSPECTION AND REMOVAL. At any time, High Reach has the right, to inspect the Equipment and to enter the premises on or in which the Equipment is located. Customer will provide High Reach with full access to the Equipment and all necessary facilities as to enable High Reach to exercise its rights and/or obligations under this Agreement. High Reach has the right to remove the Equipment at any time when the High Reach deems itself insecure, or upon the entry of any judgment against the Customer, or when, in High Reach's sole discretion, the Equipment becomes unsafe, or the Equipment is in danger because of strike, civil unrest, natural disaster or any other condition or event.
- PAYMENT AND NOTICE. Except where otherwise indicated in this Agreement all notices required to be sent to High Reach under this Agreement will be sent to High Reach by registered or certified mail, return receipt demanded, postage prepaid. All notices and payments under this Agreement are due at High Reach's office at 615 Hickman Circle, Sanford, Florida 32771, or to such other address as High Reach may provide in writing from time to time.
- CUSTOMER'S INSURANCE OBLIGATION. Customer agrees to secure and maintain in force during the entire term of this Agreement, all-risk property damage (providing for full replacement cost coverage) insurance, public liability and third party property damage insurance (which shall include coverage for environmental clean-up costs) with a minimum limit of liability for bodily injury, including death, of $1,000,000 for each person in each accident, and with a minimum limit of liability for property damage of $250,000 for each accident, on a primary basis, covering both the High Reach and Customer as insureds for the ownership, maintenance, use or operation of the Equipment and any Equipment substituted therefor. If Customer receives proceeds from insurance due to property damage to the Equipment or personal injury arising from Customer’s use of the Equipment, Customer irrevocably assigns the proceeds of the insurance to High Reach. Customer shall provide High Reach with a certificate of insurance setting forth the coverage required under this section. Customer's election of the Limited Damage Waiver shall not relieve Customer of its obligations under this paragraph.
The insurance shall be in such form and with such company or companies as shall be reasonably acceptable to High Reach, shall provide at least thirty (30) days advance written notice to High Reach of any cancellation, change or modification, and shall provide primary coverage for the protection of Customer and High Reach without regard to any other coverage carried by Customer or High Reach protecting against similar risks. Customer shall provide High Reach with an original policy or certificate evidencing such insurance. Customer hereby appoints High Reach as Customer’s attorney in fact with power and authority to do all things, including, but not limited to, making claims, receiving payments and endorsing documents, checks or drafts necessary or advisable to secure payments due under any policy of insurance required under this Agreement.
In the event of Customer’s failure to procure or maintain said insurance, or to pay fees, assessments, charges and taxes, all as specified in this Agreement, High Reach shall have the right, but shall not be obligated, to effect such insurance, or pay said fees, assignments, charges and taxes, as the case may be. In that event, the cost thereof shall be repayable to High Reach with the next installment of lease charges, and failure to repay the same shall carry with it the same consequences as failure to timely pay any installment of lease charges.
- RISK OF LOSS – DAMAGES IF EQUIPMENT DAMAGED OR "DESTROYED". Upon delivery to the Customer or to the location specified by the Customer, the risk of loss or damage to the Equipment from any cause whatsoever shall immediately pass to the Customer. The risk of loss or damage shall remain with the Customer until the High Reach regains ACTUAL PHYSICAL POSSESION OF THE EQUIPMENT. All loss or damage is the sole obligation of Customer, whether or not Customer was at fault, including, but not limited to, fire, flood, theft, windstorm, vandalism, collision, rollover, and any other Acts of God. If such loss or damage to the Equipment occurs, promptly upon receipt of High Reach's invoice, Customer will pay to High Reach either (1) the cost of repair together with rental charges for the period of time that the Equipment was out of service due to such damage; or, if the sole opinion of the High Reach, the Equipment has been damaged to the extent that repair is inappropriate (2) the cost of replacement of the damaged Equipment. The cost of repair will be determined by High Reach. The cost of replacement will be the replacement cost of a new identical item of Equipment within sixty (60) days of the date that the High Reach determines that the Equipment should be replaced. Customer waives all claims against High Reach for any property left, stored, loaded or transported by Customer or any other person in or upon the Equipment.
- EVENTS OF DEFAULT. Customer will be in default of this Agreement if (1) Customer fails to pay any lease charges when due; (2) if Customer breaches, fails to observe, keep or perform any of the other terms of this Agreement; (3) if Customer or its employees misuse the Equipment in any manner; (4) if someone other than Customer or its authorized employees operate the Equipment; (5) if Customer becomes insolvent or ceases to do business as a going concern; or (6) if a petition in bankruptcy if filed by or against Customer.
- REMEDIES. In the event of a default by Customer under this Agreement, High Reach shall have the right to exercise any one or more of the following remedies:
(1) To declare the entire amount of lease charges hereunder immediately due and payable without notice or demand to Customer.
(2) To sue for and recover all lease charges, and other payments, then accrued or thereafter accruing.
(3) To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Customer hereby waives any and all damages occasioned by such taking of possession.
(4) To terminate this Agreement.
(5) To pursue any other remedy at law or in equity.
Notwithstanding any repossession or any other action which High Reach may take, Customer shall be and remain liable for the full performance of all obligations on the part of the Customer to be performed under this Agreement. All of High Reach’s remedies are cumulative, and may be exercised concurrently or separately.
- LIMITED DAMAGE WAIVER. If the Equipment is used with High Reach's permission and in compliance with all the terms of this Agreement and Customer accepts the "Limited Damage Waiver" ("LDW") option on the front of this Agreement at the time of lease and pays the additional charges specified therefor, then High Reach agrees to waive certain obligations Customer owes to High Reach, subject to the exceptions set forth in this paragraph and, further, provided that the Equipment was used by persons authorized to use the Equipment and that the Equipment was not being operated in a manner which constitutes misuse of such Equipment, If the LDW is accepted, High Reach waives Customer's obligation to pay for that portion of damage to Equipment over and above the larger of the following amounts: (a) $1,000 per item of Equipment; or (b) 100% of the monthly lease charge in effect on the date the Agreement is entered into, per item of Equipment, without regard to the lease period of this Agreement. HOWEVER, EVEN IF THE CUSTOMER ACCEPTS THE LDW PURSUANT TO THE TERMS OF THIS PARAGRAPH, HIGH REACH DOES NOT WAIVE CUSTOMER'S OBLIGATIONS TO HIGH REACH IF THE EQUIPMENT IS LOST OR DAMAGED IN A MANNER ASSOCIATED WITH ANY OF THE FOLLOWING CIRCUMSTANCES: (1) improper coupling or improper loading or unloading of Equipment, including boom damage from overloading of a boom; (2) riot, strike or other civil commotion; (3) striking overhead objects with the Equipment, (4) reckless or abusive use or operation of the Equipment; (5) transportation of Equipment; (6) damage to tires or tools; (7) nuclear reaction, nuclear radiation or radioactive contamination; (8) rollover or upset of Equipment; (9) vandalism, malicious mischief, theft, conversion, or disappearance of Equipment; (10) Customer's failure to perform the basic maintenance of the Equipment; (11) Customer's failure to secure the Equipment by not reasonably restricting access to the Equipment; (12) use or operation of the Equipment by someone other than a qualified person listed in Section 7; (13) acts of terrorism; (14) acts of God, such as natural disasters or other weather events; and (15) the negligence of High Reach or its employees.
- GOVERNING LAW, VENUE, WAIVER OF JURY TRIAL. This Agreement will be governed by and construed under the Laws of the State of Florida. Customer and High Reach agree that the exclusive venue for all actions brought in relation to this Agreement or the Equipment for whatever reason will be the state courts of Seminole County. High Reach and Customer hereby submit to the personal jurisdiction of the state courts of Florida. However, High Reach shall have the option to prosecute or defend an action in a county other than Seminole County, Florida, and High Reach may do so in any county where venue would otherwise be proper under chapter 47, Florida Statutes. Customer waives the right to trial by jury.
- STATUS OF EQUIPMENT. The Equipment is, and will, at all times remain personal property, notwithstanding that it or any part of it may now be, or become, in any manner attached to, or embedded in or permanently resting on, real property or improvements thereon.
- OWNERSHIP OF EQUIPMENT. Title to the Equipment and all additions, replacement or accessions will remain with High Reach unless transferred to Customer by sale. Customer will have only the rights to retain possession of and use the Equipment pursuant to this Agreement if Customer is not in default. Customer will protect and prevent any claim, levy, lien, or legal process issued against Equipment by their use or misuse of Equipment. Customer will give High Reach immediate written notice of any claim, levy, lien or legal process issued against the Equipment. Customer shall have no right, title or interest to the Equipment except as expressly set forth in this Agreement. Customer shall not pledge or otherwise encumber the Equipment in any way.
- LIMITATIONS OF EFFECTS OF WAIVER/REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to High Reach as a result of any default by Customer will impair any right, power or remedy of High Reach, nor will it be construed to be a waiver of any default, or an acquiescence therein. Nor will any waiver of any single default on the part of Customer be deemed a waiver of any prior or subsequent default. Any waiver, permit, consent or approval of any kind or character on the part of High Reach of any term, provision, condition, or covenant of this Agreement, must be in writing, and will be effective on High Reach only to the extent set forth in the writing. All remedies afforded to High Reach, either under this Agreement or by law, or otherwise, will be cumulative and in addition to all other remedies existing at law or in equity, any one or more of which may be exercised simultaneously or successively.
- ASSIGNMENT. CUSTOMER WILL NOT TRANSFER OR ASSIGN THE EQUIPMENT OR ANY RIGHTS UNDER THIS AGREEMENT WITHOUT HIGH REACH'S PRIOR WRITTEN CONSENT, WHICH MAY BE UNREASONABLY WITHHELD AT THE SOLE DISCRETION OF HIGH REACH. High Reach may assign this Agreement or any of its rights under this Agreement without Customer's consent.
- AGREEMENT APPLICABLE TO SUCCESSORS AND ASSIGNS. High Reach and Customer agree that the rights and obligations of this Agreement will insure to and be binding on their respective successors and assigns subject, however, to the provisions of Section 24 of this Agreement.
- ATTORNEYS’ FEES. If High Reach employs an attorney to enforce any provision of this Agreement or to seek a declaration of rights or obligations hereunder, whether or not suit is initiated, Customer agrees to pay to High Reach all costs incurred by High Reach, including its reasonable attorneys' fees, filing fees and other expenses. A reasonable attorneys’ fee includes, but is not limited to, fees incurred at the trial and appellate levels and post judgment proceedings, including all fees incurred by High Reach for post judgment collection. Any final judgment rendered in favor of High Reach shall include a reservation of jurisdiction to make a subsequent assessment and accrual of attorneys’ fees for such post judgment collection regardless of whether the Customer attempted to avoid or evade the payment of the judgment.
- REPLEVIN. If Customer defaults, High Reach will have the right to peaceably enter the premises where the Equipment is located and render it inoperative or remove it, with or without process of law and without any notice or liability to Customer, including but not limited to any damage occasioned by such entry or removal. Customer agrees to permit such entry and action by High Reach. If Customer defaults, High Reach may also cancel this Agreement without notice to Customer or prejudice to any remedies or claims which High Reach may otherwise have against Customer.
- MERGER, MODIFICATION, SEVERABILITY. The parties intend this Agreement to be a final expression of their intent and, accordingly, this written Agreement represents the complete and exclusive statement of the terms of the Agreement. It may only be modified by a written agreement signed by High Reach and Customer. If any provision is invalid, it will be considered deleted and will not invalidate the remaining provisions of this Agreement.
- FORCE MAJEURE. Any failure of performance by High Reach due to causes beyond High Reach's control, including but not limited to acts of national emergency, terrorism, wars, riots, labor disputes, Acts of God, failure of transportation and delays of suppliers, will not be deemed a default by High Reach. Notwithstanding High Reach's inability to perform under such conditions, Customer's obligations under this Agreement will continue.
- BANKRUPTCY. Neither this Agreement nor any interest therein is assignable or transferable by operation of law. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Customer, or if the Customer is adjudged insolvent, or if Customer makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Customer is a party with authority to take possession or control of the Equipment, High Reach shall have and may exercise any one or more of the remedies set forth in Section 17 hereof; and this Agreement shall, at the option of the High Reach, without notice, immediately terminate and shall not be treated as an asset of Customer after the exercise of said option.
- ADDITIONAL DOCUMENTS. If High Reach shall so request, Customer shall execute and deliver to High Reach such documents as High Reach shall deem necessary or desirable for purposes of recording or filing to protect the interest of High Reach in the Equipment including, but not limited to a UCC financing statement.
- TIME OF THE ESSENCE. Time is hereby declared of the essence as to the lawful performance of all duties and obligations set forth in this Agreement.
- COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in counterparts. Each counterpart shall constitute an original document and evidence of the execution of this Agreement by the party signing such counterpart. The combination of the counterparts shall constitute one agreement which shall not be effective and binding on either party unless and until a counterpart has been signed by each party to this Agreement. The parties agree that this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. The electronic signatures appearing in this agreement are the same as handwritten signatures for the purpose of validity, enforceability, and admissibility.