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HomeMy WebLinkAboutC12-360 The Rental Store I N E GYPSUM PAGE:: 1 CAT Rental 045 EARHART DRIVE Remit tg; GYPSUM, CO 81637 PO BOX 911291 S 1 D 0 E. 970- 328 -2080 DENVER, CO 80291 -1291 WAGNERRENTS 970- 328 -2080 970 - 328 - 208 0: • Ship to EAGLE COUNTY LANDFILL R E N T A L C O N T R A C T PO : BOX °473 WOLCOTT. CO 81655 Contract . #.. 102604 C## -926 3626 J #: 970 92 -3626 Contract dt. 10/16/12 Date out...... 10/16/12 11:24 AM Est return:. 11/17/12 11:24 AM Customer #: 23629 Job Loc ...: EAGLE COUNTY LANDFILL EAGLE COUNTY LANDFILL Job No...... PO BOX 473 P.O. #: .:..* WOLCOTT', CO 81655 Ordered By. JESSE Terms.. .. Net 30 Qty .Ecuipment # Min Day Week 4 Week Amount 1. 45752 320 EXCAVATOR 670.00 670.00 2000.00 6010.00 Make: CAT Model: 320CL Ser #: PAB07666 HR OUT1 4246.700 SALES ITEMS: Qty Item number Unit Price 1 SMM EA y �► SMM � lo�I /'-.' X 1 ENVCHRG EA ENVIRONMENTAL CHARGE DELIVERY CHARGE 1. Damage waiver (14% of gross rental charges) will be charged in the absence of proof of insurance. Damage waiver is NOT insurance. See paragraphs 8 & 9 (Damage Waiver and Insurance) on the reverse side for details. 2. Customer is responsible for arranging equipment pick -up. Pick -up is NOT automatic and customer is responsible for the equipment until it is picked up. 3. CUSTOMER PAYS FOR ALL TIME THE EQUIPMENT IS OUT. OVERTIME RATES MAY ALSO APPLY IN ADDITION TO THE RENTAL RATES STATED ABOVE. Quoted rental rates allow equipment to be used only 8 hours per 24 hour day, 40 hours in a 7 day week or 160 hours in a 4 week period. Excess usage will be charged. overtime rates vary depending on equipment rented. Customer should check with 4. Wagner Rents' rental representative for excess usage rates. 5. Customer is responsible for refueling, tire damage, and repair. Indemnification agreement. Lessee shall assume the risks of and shall indemnify and hold Lessor harmless, AS SPECIFICALLY SET FORTH ON THE REVERSE HEREOF, for property damage, personal injuries, and death caused by equipment. Terms: Payment is due within 30 days of date of invoice. A monthly finance charge of 1.75% will accrue on all amounts unpaid after 30 days, resulting in an annual finance charge of 21 %. Upon default, Lessee shall immediately deliver the equipment to Lessor and shall be liable for all collection costs incurred by Lessor, including reasonable attorney's fees. Lessee acknowledges reading this agreement in its entirety including the provisions on the reverse hereof and acknowledges that this agreement constitutes the entire understanding of the parties and tha Cher av- % been o o 1 or ther representations different or in addition to the provisions contained he _ n. AV /0 Zj '• ER SIGNATURE D■T NAME PRINTED DELIVERED BY DATE (Carefully ead the terms and conditions on the reverse side of this page.) Rep #: 101 Emp: WRSHEIL /; 340 PURCHASE ORDER TERMS EXCLUDED, The issuance of a purchase order or other document against this Rental Agreement and not a counter- offer, and no provision of such purchase order or any other document which varies from the terms hereof shall became a part of the Rental Agreement unless separately and rpeciltcally agreed to In writing by Langer. INDEMNIFICATION. LESSEE AGREES TO DEFEND. INDEMNIFY, AND HOLD HARMLESS, THE COMPANY AGAINST ALL CLAIMS, POTENTIAL CLAIMS, DEMANDS. AND SUITS AND AGAINST ALL INJURIES (INCLUDING DEATH), DAMAGES, LOSSES, PENALTIES, EXPENSES, INSURANCE DEDUCTIRLE AND EXPENSE, ATTORNEY FEES (INCLUDING ATTORNEY FEES AND EXPENSES TO ENFORCE THIS AGREEMENT), OR OTHER LASS OP ANY KIND WNEIMER CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT OR ALLEGED NEGLIGENT ACTS OR OMISSIONS OF THE LESSEE !INCLUDING INJURY OR DEATH TO LESSER £TlPLOYRES) THE COMPANY MAY INCUR ARISING DIRECTLY OR INDIRECTLY FROM THE PICK -UP. USE. POSSESSION, OPERATION, TRANSPORT, REPAIR, OR RETURN BY LESSEE, SUB - LESSEE OR ANYONE FOR WHOSE ACTS LESSEE MAY SE HELD LIAaLE, AND ANY USER OF THE EQUIPMENT WHICH 1S THE SUBJECT OF TNI9 RENTAL AGREEMENT. TO THE EXTENT, IF AT ALL, SECTION 56 -7 -1 NV5A IS APPLICABLE TO THIS AGREEMENT, NO INDEMNIFICATION SHALL EXTEND TO LIABILITY, CLAIMS, DAMAGES, LOSSES OR EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF (1) THE PREPARATION OR APPROVAL OF MAPS, DRAWINGS, OPINIONS, REPORTS, SURVEYS, CHANGE DKOORA. DESIONS OR SPECIFICATIONS BY AN INDEMNIFIED EMPLOYEE OF AN INDEMNIFIED PERSON; (ii) THE GIVING OF DR FAILURE TO GIVE DIRECTIONS OR INSTRUCTIONS BY AN INDEMNIFIED PERSON, OR THE AGENTS OR THE EMPLOYEES OF AN INDEMNIFIED PERSON, WHERE SUCH GIVING OR FAILS= TO GIVE DIRECTIONS OR INSTROCI'IONS I9 THE PRIMARY CAUSE OP ROPILY INJURY TO PERSONS OR SAVAGE TO PROPERTY. RENTAL TERM- The term of this Rental Agreement shall include the Rental Term specified above plus all additional time spent transporting the Equipment to and from Lessee, any renewals or extensione Of the specified Rental Term, and any additional time required for Lessor to regain the full possession or control of, to make repairs to or to dischage liens or encumbrances upon the Equipment. ACCEPTANCE OF EQUIPMENT. Onleee Lessee gives written notice to Lessor specifying any defect in or other valid objection to the Equipment within 24 hours after receiving the same, it shall be Conclusively presumed that such Equipment was in good operating condition when received and that Lessee dceepted and approved the same as the Equipment described in this Rental Agreement. TRANSPORTATION. Unless °therwiae specifically provided herein, Lessee shall pay all charges and expenses relating to tranepoetacton of the Equipment in connection herewith. RENEWAL. Any failure to return the Equipment co Lessor upon the expiration of the Rental Term Or a renewal period 'shall, at the option of Lessor, constitute a renewal hereof The provi.lens of the Rental Agreement shall apply to every renewal period. DISCLAIMER OF WARRANTIES. It is understood that Leaser is not the manufacturer of the Equipment and that Lessor makes no warranties against defect's in material or workmanship, or relating to the capability or performance of the Equipment, or the profitability of its use. There are no express warranties by lessor of any kind with respect to the equipment and lessor disclaims the implied warranties of merchantability and fitness for any particular purpose. Under no circumstances shall lessor be liable for consequential or incidental damages. Lessor hereby assigns to Leeeee for the Rental Term all manufacturer's warranties applicable to the Equipment. RENTAL PAYMENTS. Lessee agrees to pay the payment amount as set forth in this agreement. Lessee's payment is due in full upon receipt of invoice unless different terms are stated on the first page of this Contract. All payment. ehe11 be made to Lessor at its address set forth herein or at much ether address as Lessor may from time to time specify in writing. Lessee waives all existing and future claims and offeeta against any rent or Other payments due under this Rental Agreement and agrees to pay all rent and perform all other obligations to Lessor hereunder when due regardless of any claim or offset that may be asserted by Lessee or on Lessee's behalf. Lessee's Obligations hereunder shall not be suspended or discharged on account of Lessee's inability to use the Equipment due to any cause other than a breach of thia Rental Agreement by Lessor. If Lessee tails eo pay any part of the rental or any other sum required to be paid to Lessor within 30 days after the due date, Lessee shall pay as additional rent to Lessor Sntereat of 1.75 percent per month en the delinquent amount. Such monthly interest [bargee shall be cumulative and all payments made by Lessee shall be applied to any accrued interest before to base rent. USE OF EQUIPMENT. Lessee represents and agrees teat tee Equipment Is rented for commercial use and not for personal, family or household use. To minimize the possibility of personal injury or property damage; lease. agrees to have the Equipment operated only by employees of Lessee property trained and qualified in its operation and to take all other reasonable precautions to ensure that the equipment 3e transported and operated Only in a Safe and lawful manner. Lessee shall pay all expenses relating to operating the Equipment. LOCATION AND INSPECTION. Leoeee shall operate and when not in operation, store. the Equipment at the locationls] specified above and shall not remove the same from such loentionle) without the prior consent of Lessor. Lessee agrees that Leaser shell have the right to enter any premises where the Equipment may be located at any reasonable time for purposes of inspecting the same and without notice or liability to Lessee remove or disable the Equipment if, in the Opinion of Lessor, it is being used or kept in violation of this Rental Agreement. MAINTENANCE AND CARE. Unless otherwise specified in this agreement. Lessee agrees at its own expanse 10 maintain the Equipment in goad working order, properly a rviced and garaged, Including performing all necessary repairs and replacements, and to return the Equipment to Lessor upon the expiration or termination hereof in the name condition as when received except far ordinary wear and tear. ALL REPLACEMENT PARTS SHALL BE ORIGINAL EQUIPMENT MANUFACTURERS' PARTS. Lessee shall pay for all labor, material and parts required for the proper operation and protection of the Equipment, including expendable items such as lubrication, cable, end bits, tutting edges, anti- freeze, belts and filters. Lessee shall be responsible far any tire damage or wear beyond Ordinary wear and tear. The determination of ordinary or excessive wear and tear shall be made solely by Lessor in its reasonable discretion. If the Equipment is returned co Lessor in any Condition inferior to the required hereby. Lessee shall pay Lessor upon receipt of invoice, as additional rent, all charge. For cleaning, servicing, repairs and replacements necessary to restore the Equipment to the required Condition. ADDITIONS AND ALTERATIONS. Lessee shall not make any additions or alterations to the Equipment without the prior written ronsenc of Lessor. All addictams or improvements made by Lessee shall belong to and become the property of Lessor and shall be included in the Equipment returned to Lessor upon the expiration or termination of this Rental Agreement; provided, however, that Lessor reserves the right to require Lessee to remove any such additions or alterations and to restore the Equipment to its condition as of the beginning of the Rental Term. PHYSICAL DAMAGE WAIVER. The purchase of the physlcaL damage waiver limits Lessee's personal liability to Lessor for loss or damage to the Equipment EXCEPT (a) The first 150D0 Of each incident of loss Or damage. lb} loss or damage while the Equipmenc is waterborne, unless such lass or damage occurs during ferry operations, (c) loss or damage to Equipment accessories such as it hoses, toots, steel, electric cords. blades. welding cable, liquid fuel tanks, and other similar items, Id) loss or damage caused by dampness, dryness, rust corrosion, freezing or other extremes Of temperature, and mechanical or electrical breakdown; (e) lose or damage caused by dishonest or criminal acts committed by Lessee Or Lessee's employee or agent; (L) loss Or damage caused by o resulting from acts or omissions of Lases., Lessee's employees, agents Or anyone else to whom Lessee entrusts the Equipment including but not limited to failure to properly maintain Or service the Equipment; le) loss or damage resulting from Lessee's failure to comply with the terms and conditions of this Rental Agreement; and (1) Chefs or mysterious disappearance. INSURANCE. Lessee agrees co obtain and maintain property insurance teeerago, at ite own expense, on the Equipment against all risks in an amount not. less than the total actual each value theteof In all cases. lessee shall also maintain comprehensive general liability Insurance for not leas than $1,000,000 combined single limit coverage far bodily injury and property damage, or in such other amountlsl as Owner may from time co time require. Owner retains the right to approve or disapprove the insurance carrier and the term and contents of the policy. The insurance ehnll specify Owner as named insured, shall be primary. without right of contribution from any other insurance carried by Owner, and shall provide that such insurance may not be cancelled or altered so as to affect the interest of Owner without at least thirty days prior written notice to Owner. All insurance covering lose or damage to the Equipment shall name Owner ae sole loss payee. Lesaee agrees; 11) to promptly notify Owner of any occurence which may become the baste of an insurance claim hereunder. and (ii) to not make any adjustments with insurers without Owner's prior written consent. Lessee hereby irrevocably appoints Owner as its attorney in fact to receive and endorse all checks and other documents and to cake any other arCiens necessary to pursue insurance Claims. At or prior to the delivery of the Equipment Lessee shall deliver to Owner satisfactory evidence of eueh insurance coverage and shall thereafter deliver to Owner satisfactory evidence of continued coverage however, Owner's failure co insist upon such evidence of insurance of such time shall hoc relieve L.easee from /tee obligations hereunder. Additonally, Lessee shall maintain full worker's compensation insurance coverage in compliance with the applicable statutes and regulations of the jurisdietlonls) in which the Equipment is located. If the Lessen does not have adequate insurance covering the Equipment. Owner may insure the equipment at Lessee's expense, which expense Lessee agrees to pay as additional rent immediately upon receipt of invoice. RISK OF LOSS. EXCEPT AS OTHERWISE PROVIDED HEREIN E£LATLNC TO THE OPTIONAL DAMAGE WAIVER, THE ENTIRE RISK OP L.051 OR DAMAGE TO THE EQUIPMENT MIRING RENTAL TERM SHALL BE UPON LESSEE AND LESSEE AGREES TO INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL 1055 OR DAMAGE TO THE EQUIPMENT FROM ANY AND ALL CAUSES. LESSEE SHALL PROMPTLY NOTIFY OWNER OF ANY LOSS OR DAMAGE TO THE SQUIPMENr. RETURN OF EQUIPMENT. Upon the expiration or termination of this Rental Agreement Lessee shall at its own expense Immediately return the Equipment to Lessor's Equipment yard Or to such other destination as lessor may specify IDENTIFICATION. Lessor may place decals or ocher markings on the Equipment identifying the same 05 property of Lessor. Lessee shall not remove or impair the function of any such markings. AGREEMENT OF RENTAL ONLY. This agreement is one of rental only and Lessee shall not have, or acquire, any right title or interest, legal or equitable. in the Equipment or any part thereof except the right to use the same during the term and subject to the provisions of this Rental Agreement. Title to end Lessorship of the Equipment shall remain in Lessor, Lessee shall keep the Equipment free from levy, legal a equitable, tax and other claims, liens and encumbrances and upon request shall provide Lessor proof of payment of any taxes the nonpayment of which may result in a lien upon the Equipment Lessee shall promptly pay HS additional rent all expenses, including attorney fees Lessor may incur in defending or removing any claim, lien or encumbrance upon the Equipment. The Equipment shall remain personal property even though the Equipment or any part thereof may become attached to real property. - SALES OF EQUIPMENT. Notice is hereby given that Wagner Rents, Inc. may assign its right, co ae11 equipment (and to purchase trade -in property, if applicable) described herein to Wagner Exchange LLC. DEFAULT. Lessor shall be in default under this Rental Agreement upon the happening of any Of the following events or onditions; (a) Lessee fails to pay any sum required to be paid hereunder by the due date; lb) Leese. fails at any time to obtain or maintain any insurance coverage required hereunder; lei Lessee fails to perform or comply with any other obligations or condition hereunder, or (d) lessee files for, Or is subject to. any action of bankruptcy, reorganization, insolvency or receivership. - REMEDIES ON DEFAULT. Upon any default by Lessee 01 provided in this Rental Agreement, la) all rentals doe or to become due under this agreement and all other sums owing by Lessee hereunder shall immediately became due and payable at the option of Lessor without notice or demand, lb) Lawlor may retake possession of the Equipment where located and remove the same without legal process, (a) If this Lease contains a purchase option exercised by Lessee, Lessor may dispose of the Equipment er any part thereof at Lessee's expense as provided or permitted by law: and (d] Lessor may exercise any and all all rights or remedies under the Uniform Commercial Code, Leases or ocher applicable laws or agreements. All remedies of Lessor shall be cumulative and not exclusive and may be exercised simultaneously or separately. It is further agreed thac if Le$001 shall dispose Of the Equipment as provided herein, Lessor may immediately recover from Lessee as Liquidated damages, and not as a penalty, a sum equal to the aggregate of the following, all unpaid rentals and other sums due and payable hereunder, all accelerated future rentals fax the balance of the Rental Term, discounted to present value at the rate of eights percent per annum, Lessor'. estimated residual interest in the equipment, less the exec proceeds of the disposition of the Equipment. Lessee shall pay upon demand all costs and expenses, including reasonable attorneys fees, incurred by Lessor in exercising any of Its rights or remedies hereunder or enforcing any of the terns hereof, regardless of whether litigation is actually commenced or continued to final judgment. REGISTRATION AND TAXES. Lessee shall pay all reglatraclon fens, license fees, assessments,-charges and taxes, together with any penalties Or interest that 0435 now Or later be imposed by any taxing authority with respect to the Lesaorship, possession, use, rental or value of the Equipment during the Rental Term, whether assessed against Lessor or Lessee and upon request Shall provide Co Leaser proof of payment of the same. ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Rental Agreement contains the eoeplete and exclusive statement Of the agreement between the parties relating to 119 subject matter and .hail mat be emended or modified except in writing signed by the parties. No inconsistent or ontrary terms contained in any existing or future purchase order issued by or for Lessee relating to the Equipment shall act to vary any term hereof unless separately and specifically agreed to by Lessor in writing. Time to of the essence hereof Le/leer's failure to require 60,100 performance by Lessee of any provision hereof shall not waive Lessor's right thereafter to require strict performance thereof or of any other provision. FINANCING STATEMENTS. Lessee appoints Lessor ice true and lawful attorney to prepare and execute in Lessee's name and on Lessor's behalf any financing statement in order to protect Lessor's interest in the Equipment. ASSIGNMENT. Lessee may not assign, delegate. sublet, or otherwise 1,anefer any of its rights or duties hereunder or with respect to the Equipment without the prior written consent of Lessor. Lessor may freely assign the sums due or to become due hereunder dad lessee agrees to recognize such assignment. FORCE MAJEURE Lessor shall not be liable for any failure or delay of delivery Or in performing any obligation hereunder due to any casualty, Cause or circumstances beyond its eoetml. EXPOSURE TO HAZARDOUS MATERIAL OR WASTE. Lessees shall not expose the Equipment to any hazardous material or waste, in the event the Equipment ie exposed tO any hazardous material or waste, Lessee shall immediately (11 notify Lessor, and (2) completely clean and decontaminate the Equipment. if the equipment cannot be completely clean, decontaminated and otherwise discharged from all adverse effects of such exposure. Lessee shall pay Lessor the full value of the Equipment, together with interest thereon at the race of 1.5t per month from that date until the eald Equipment sum is paid in full. Lessee indemnities and holds Lessor harmless from any and all claims, actions, expenses, damages, costs and liabilities arising from -any such exposure of the Equipment to hazardous material or waste. This Indemnification survives and continues after the term of this lease. MISCELL.ANIOU5. This Rental Agreement shall he binding upon the respective heirs. personal representatives, successors, and assigns of the parties. IE any provfslon of this instrument is held invalid by a court of competent jurisdiction is shall he considered deleted from this instrument but the remaining provisions .hall be given effect. Lessee's obllgationa arising hereunder during the Rental Term shall survive the Santa]. Term and any termination hereof. Lessee represents and warrants) to Lessor that Lessee has the power to make, enter. deliver And perform this Rental Agreement end that each person signing and delivering this instrument Is duly authorized to do so on its behalf. GOVERNING TAW, VENUE. Th1. Rental Agreement shall be governed by and Construed under the substantive laws of the State 0f Colorado, New Mexico or Texas, m s applicable. Lessee agrees that any and ail suits arising £rOm the perfomance or any breach of the Rental Agreement may be commenced and maintained in the courts of Adams County, Colorado, Bernalillo County, New Mexico or E1 Pa90 County. Texas. as applicable. and Lessee irrevocably cansente to such venue. THIS INSTRUMENT SHALL NO7 SECQME EFFECTIVE OR BINDING UP' NTIL EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF LESSOR. CUSTOMER INITIALS: DATE: A::" Revised 4/19/07