General Rental Terms & Conditions
GENERAL RENTAL TERMS & CONDITIONS
These General Rental Terms & Conditions are effective as of the date of the last signature on the Dungster Rental Agreement (Effective Date) and is made between: Dungster LLC, a company organized under the laws of the Commonwealth of Pennsylvania USA with offices at 8210 Franklin Rd, Fairview PA (Owner) and the Renter, whose details are described in the Dungster Rental Agreement. These General Rental Terms & Conditions will be binding except where and if the Dungster Rental Agreement conflicts. In any such conflict, the Dungster Rental Agreement shall rule.
- Payments. Payments shall be according to the Dungster Rental Agreement, however other payments and charges could be allowed by law in accordance with these terms and conditions and possibly only known/due upon return of the Equipment to the Owner.
These could include but not limited to:
- charges for optional services ordered, if any.
- applicable taxes, if any.
- loss of, or damage or repair to the equipment, loss of use, the diminution of the equipment value caused by damage to it or repair to it, and cost to enforce such charges including administrative fees for processing the claim and legal expenses if any.
- $100 charge per day for late return of equipment or the highest amount allowable under the law.
- unless due to the fault of the owner, all fines, penalties, court costs and other expenses related to the equipment assessed against the owner or the equipment during the rental term:
- all expenses Owner occur due to Renter’s failure to return the equipment including costs of locating and recovering the equipment.
- all costs incurred to collect unpaid monies due.
- $25 Dollars or the maximum amount allowed by law, whichever is greater, for making payments with insufficient funds.
- Security Deposit. The Dungster Rental Agreement specifies a Down Payment and Security Deposit to be paid within 5 days of the Effective Date of the Agreement. The owner may use this deposit to recover any amounts under this agreement. This deposit, less any costs associated with the Equipment return, will be refunded to Renter within 10 days of the Equipment Return Date. A detailed accounting of any reductions from the Security Deposit will be provided.
- Late Payment. If Renter fails to make any installed payment within the due date, Renter shall pay a surcharge of $25 per day for late payments.
- Location of Equipment. During the term, equipment shall be located at Renters’ place of business or place of use as seen in the Dungster Rental Agreement unless expressly agreed otherwise in writing by Owner.
- Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with the Owners instructions or manuals.
- Repair Parts and Alterations. The cost of usual and ordinary replacement parts needed during the term shall be supplied by the Owner within 10 days’ notice of the parts requirement. This excludes extraordinary repairs and replacement parts caused by Renter’s abuse of the Equipment or failure to follow Owner’s instructions and manuals provided. Renter may NOT replace broken parts with 3rd party parts without Owners prior consent. Driving over and/or crushing any part is abuse of the equipment.
- Insurance. The renter shall carry insurance satisfactory to the Owner and equal to the price of new equipment to ensure its full replacement. Dungster LLC will be listed as an additional insured unless otherwise agreed in writing by the Owner.
Restrictions on Use. Renter shall not:
- Permit the Equipment to be used by any person who is not authorized to use the equipment.
- Operate or use the equipment or permit it to be operated or used in violation of law.
- Operate or use the equipment or permit it to the operator and be used to commit a violation of law.
- Operate, use, maintain or store the equipment in a manner likely to cause damage to the Equipment or the Environment.
- Loss or Damage. Renter shall alert owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to the equipment and loss of use diminution of the Equipment’s value caused by damage to it, or repair to it, and missing parts or the whole less ordinary wear and tear.
- Condition of Equipment. Upon receiving and unpacking the Equipment, Renter will acknowledge that Renter has examined the equipment and that is in good condition except as otherwise specified by the Renter. Owner makes no warranty, expressed or implied, course of dealing, course of performing, usage of trade or otherwise, and expressly excludes and disclaims all warranties and representations of any kind, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Return of equipment. The Equipment is returned when it arrives at the Owner’s place of business seen in the Dungster Rental Agreement. Renter is responsible for the packaging, shipping, and any handling charges for the return of the Equipment. Unless agreed otherwise, Renter shall return equipment within the term of the Dungster Rental Agreement and in the same condition as Renter received except for normal wear and tear. If the equipment is not returned on the return date, Owner reserves the right to take any action necessary to regain possession of the equipment.
- Termination. This agreement shall terminate on the date specified by the Dungster Rental Agreement. The owner reserves the right to terminate earlier upon 30-day notice to Renter.
- Indemnification and Liability. Renter shall indemnify, defend, and hold harmless Owner from and against any claim, demand, cause of action, loss, or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owners gross negligence or willful misconduct. The provision of this article shall survive the termination of this Agreement with respect to any claims or liabilities accruing before such termination. In no event shall the owner be liable for any indirect, special, or consequential loss or damages arising from rental use of the Equipment, including but not limited to lost profits and lost revenue, even if informed of the possibility of such damages.
- Ownership. Owner shall always retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold harmless the Owner regardless of all loss and damage caused by such action. Equipment shall be always deemed to be the Owner’s personal property, whether or not it may be attached to any other property.
- Waiver. No failure of Owner to exercise or enforce any of its rights under these Agreements shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owners’ acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
- Severability. In the event any provision of these agreements is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision shall be enforced to the maximum extent permissible under the applicable law and other provisions of these agreements will remain in full force and effect. Parties further agree that in such an event, it is a necessary part of these agreements, they will begin negotiations for a suitable replacement provision.
- Agreements. The Dungster Rental Agreement and these incorporated terms and conditions are executed in Erie County, Fairview Township of the Commonwealth of Pennsylvania and are governed by the laws of the Commonwealth of Pennsylvania. Any legal disputes will be heard in Erie County Court of Common Pleas, or if applicable, by the McKean/Fairview Township District Court, 8952 West Main Street, McKean PA. These agreements represent the entire understanding relating to this subject matter and prevail over other prior, contemporaneous, conflicting, or additional communications. These agreements can only be modified by a written amendment signed by the Parties.
- Assignment. Renter may not, without the prior consent of the Owner, transfer or assign these agreements or any part thereof. Any attempt to do so shall be a material default of this agreement and shall be void.
- Headings. Paragraph headings used in these agreements are only for reference and should not be used or relied upon in the interpretation of these agreements.
- Counterparts. These agreements, and any amendment thereof, shall be executed in two or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same document. Renter acknowledges receipt of a copy of these terms and conditions and acknowledges having read and understood them.
- Intellectual property. The Renter and all those associated with the Renter agree the rented Equipment as both published and unpublished intellectual property value and they agreed to protect and not infringe those property rights by reverse engineering or copying the inherent workings of the Equipment. Nor shall the Renter permit others access to do the same.
END OF TERMS & CONDITIONS