DROPOFFS: By signing below, you acknowledge that you: (a) have requested that B.W.G. Enterprises, Inc. d/b/a "Grant's Rental" (also referred to herein as "BWG," "Lessor," "we," "us" and "our" to deliver and/or retrieve the above identified items at/to the location specified above (the "Site") in your absence; (b) have received all familiarization, training, instructions and warnings applicable to such item(s); (c) voluntarily assume all liability for such items (including without limitation, all loss and/or damage thereto) from and after such delivery; and (d) agree to accept the statements of BWG's representatives regarding the status, condition, and quantity(ies) of such items and the Site as of the date and time of such delivery and retrieval (and waive and relinquish any and all claims to the contrary).
B.W.G. Enterprises, Inc. d/b/a "Grant's Rental" (also referred to herein as "BWG," "Lessor," "we," "us" and "our") hereby rents (or if specifically set forth above, sells) to you the undersigned "Customer/Lessee" the item(s) identified above (also referred to herein as the "Rented Item(s)" or "Item(s)") on the terms set forth in this Contract ("Contract"), including this Page 1 and the reverse side (or "Page 2") hereof. All charges due and coming due under this Contract are subject to FINAL AUDIT by BWG. By signing below, you authorize BWG to charge all amounts due and coming due under this contract (up to 150% of the new replacement cost of the above identified item(s)) to any and all debit or credit card(s) you provide. Where not prohibited by law, a 3.5% fee will be added to all amounts coming due hereunder which are charged to your credit card(s). You acknowledge and agree to such a fee.
YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND THOROUGHLY INSPECTED EACH OF THE ITEM(S), AND THAT YOU HAVE FOUND ALL SUCH ITEM(S) TO BE COMPLETE AND IN GOOD ORDER, CONDITION AND REPAIR, PROPERLY FUNCTIONING, AND OTHERWISE IN ALL WAYS ACCEPTABLE TO YOU. This is a legally binding Contract. Important Terms and Conditions appear on Page 1 and on the Reverse Side or Page 2 hereof. ANY DIFFERENT OR ADDITIONAL TERMS, WHETHER ORAL OR WRITTEN, ARE HEREBY OBJECTED TO, AND SHALL NOT BE ENFORCEABLE UNLESS SEPARATELY APPROVED IN WRITING BY BWG.
No Returns of Sale Item(s) will be accepted more than 10 days after date of purchase. Any and all returns accepted will be subject to a restocking fee.
IMPORTANT: You, for yourself and for the “Customer/Lessee/Guarantor” acknowledge and agree that you have carefully reviewed, fully understand, and agree to all of the terms and conditions set forth on the front and reverse side (or Page 2) of these contract, that you have received a complete and legible copy of this contract, and that you PERSONALLY GUARANTEE the prompt payment and performance of all obligations if the customer/lessee arising hereunder and/or in connection herewith.
TERMS AND CONDITIONS OF RENTAL CONTRACT – GRANT’S RENTAL
NEVER RETURN EQUIPMENT AFTER HOURS OR ON SUNDAYS!!!!!!!!!!!!!!
For good and valuable consideration, you and B.W.G. Enterprises, Inc. d/b/a “Grant’s Rental” (also referred to herein as “BWG,” “Lessor,” “we,” “us” and “our”) agree as follows:
1. As used herein, “P.1” means the first page of this Contract; “Contract” means P.1 together with these Terms and Conditions; “Rented Item(s)” or “Item(s)” means the item(s) rented to you, as identified on P.1 (including any “Instructions” provided per Section [or “§”] 4 below); “Site” means the location where the Item(s) is/are to be delivered and/or used, as set forth on P.1; and “Customer,” and “Lessee,” “you” and “your” mean the customer, renter or lessee identified on P.1 (and as applicable, each and every permitted borrower, sublessee, successor and/or assign of such Lessee per § 5 below).
2. You agree to rent from BWG the Rented Item(s) for the period(s) specified on P.1 (the “Term”), at the end of which, your rights to use and possess the Rented Item(s) shall expire and terminate. You agree to pay us the applicable rental rate(s) set forth on P.1 (the “Rent”), and all other charges accruing hereunder, without proration, reduction or setoff, and remain liable for all associated injuries and damages, until all Rented Item(s) is/are returned to and accepted by BWG in the return condition required under § 6. Unless otherwise specifically agreed by BWG, all rental rates are for normal use of the Rented Item(s) on: (a) a single-event basis for tents, tables, chairs, portable restrooms and other event-related Items; and (b) a single-shift basis for all other Items (including tools and equipment), not exceeding 10 hours per 24-hour period for which Rent is charged hereunder (each, a “Rental Day”), 50 hours per 7-Rental Day period, 200 hours per 28-Rental Day period, and otherwise in accordance with the terms hereof and the “Instructions” described in § 4. Additional prorated Rent will be due for overuse and late returns. No allowance will be made for weekends, holidays, time in transit or any other period(s) of nonuse. We have estimated the Rent based on your estimate of the length of the Term (the “Estimated Rent”). Unless otherwise agreed in writing by BWG, you: (i) will pay us: (A) the Estimated Rent, together with any deposit specified on P.1 in advance (together, the “Prepayment”); and (B) all additional amounts coming due hereunder upon demand; and (ii) acknowledge and agree that: (A) we may deduct any amount you owe us from any Prepayment; (B) no interest will accrue on any Prepayment; (C) no Prepayment will be deemed a limit of your liability to us; and (D) all Prepayments are NON-REFUNDABLE. Anything remaining with, in or on any Rented Item(s) upon return will be deemed abandoned.
3. You will ensure the Site is clean, safe, secure and fit for delivery and use of the Rented Item(s). If we agree to provide any services (including delivery and/or retrieval), you agree to: (a) pay our regular charge(s) for the same, and for all waiting time; (b) be present at the Site at the agreed time(s); and (c) ensure our personnel have full access to the Site at all times. We will not be responsible for mishaps or delay(s) caused by you, your agents or employees or any other parties, including providers of other goods or services (“Other Providers”) for which you agree to indemnify, defend and hold harmless BWG. If you are not present upon our delivery or retrieval of any Item(s), you agree to accept the statements of our representatives regarding the same (including the status, condition, quality and quantities of the Item(s) and the Site).
4. Upon your execution of this Contract (and upon any later delivery to or receipt by you of the Rented Items, (unless you immediately reject it/them), you represent, warrant, acknowledge and agree that: (a) each of such Item(s): (i) has been carefully selected, examined, counted and tested by you; (ii) is in good repair and operating condition, free of defects, and otherwise in all ways acceptable to you; and (iii) is appropriate for your purposes, not based on any recommendation by BWG; and: (b) you: (i) have received, read and understand all applicable training, instructions, warnings, user manuals, maintenance requirements, and other information, if any (including without limitation, Fire Codes, EPA, OSHA, ANSI, ASME, IEEE, IBC, IFC, NFPA, UL, DOT, FMCSA, SAIA and other standards) pertaining to the Rented Item(s) (collectively, “Instructions”) (all of which are incorporated herein); (ii) will fully comply therewith; (iii) have been offered all applicable safety equipment and personal protective equipment (INCLUDING RESPIRATORY AND FALL PROTECTION DEVICES) on reasonable terms; (iv) will advise the appropriate Utilities Protection Service(s), mark all underground utilities and cables (call 811 or 888-344-7233 or go to www.digsafe.com at least 72 business hours, nor more than 10 working days in advance), and timely obtain all applicable licenses, permits authorizations and approvals (including without limitation, any and all required hoisting license(s) and/or temporary permit(s), as applicable, per M.G.L. Ch. 146 § 53, or its successor(s)), as well as the consent(s) of Site’s owner(s), prior to commencement of the Term; (v) will not permit the use or storage of fire sources or flammables inside of or unreasonably close to any Rented Item; (vi) will immediately cease using any Rented Item that malfunctions, breaks down or proves defective (a “Malfunction”); (vii) will ensure that adequate and proper power, temperature control and lighting are provided at all times; and (viii) will ensure that all others (including all end-users of any Rented Item(s)) fully and timely comply with this Contract at all times.
5. Except with respect to Items we rent from one or more third parties (each, a “TPO”) and then re-rent to you (“Re-Rented Item(s)”), BWG owns and will retain title to all Rented Items at all times. You will have exclusive control over the Rented Item(s) during the Term; subject however, to your obligations to fully and timely comply with this Contract at all times. You SHALL NOT: (a) permit the taking or existence of any lien, claim, security interest or encumbrance on any such Item; or (b) loan, transfer, sublease, repair, store, surrender or assign any Rented Item or this Contract without our prior written consent. If we consent to any such loan, transfer, sublease or assignment you will: (i) remain primarily responsible for the prompt payment and performance of all obligations of the Lessee arising under this Contract; and (ii) continue to ensure that each end-user of the Rented Item(s) fully and timely complies with each and every term of this Contract at all times as if such user were the named Lessee under this Contract. We may sell and/or assign all or any part of our interests in the Rented Item(s) and/or this Contract, in which event, you will attorn to the assignee, who will not be responsible for any pre-existing obligations or liabilities of BWG or any TPO.
6. You agree to protect, properly maintain and care for each Rented Item at all times, keep it safely and securely stored and locked when not in use, and return it to us on time at the end of the Term, complete, clean, free of contamination, burns, cuts, stains, discoloration and debris, and in good condition, properly serviced and maintained, and if applicable, full of the appropriate fuel, fluids and lubricants. If you fail to do so, then in addition to your other obligations arising under this Contract, you will pay us: (a) Rent for each succeeding full rental period until all Rented Item(s) have been returned or replaced as required; and (b) all costs and expenses we incur in connection with such failure (including without limitation, the full new replacement cost of the Rented Item(s)). Certain Items may be delivered on pallets, or in crates, cartons or boxes, and may be stacked, bagged, racked, folded, rolled and/or strapped (“Packed”). Upon return, you will ensure that all Rented Items are properly Packed. YOU AGREE NOT TO PACK ANY RENTED ITEM UNLESS IT IS COMPLETELY DRY. IMPROPER PACKING, OR PACKING ITEMS THAT ARE WET OR DAMP, MAY RESULT IN MOLD, MILDEW OR OTHER DAMAGE, FOR WHICH YOU WILL BE LIABLE.
7. In the event of a Malfunction, you agree to immediately notify and return the Malfunctioning Item to, BWG, and provided such Malfunction did not result from or in connection with any wrongful or negligent act or omission of, or any breach of this Contract by, you or anyone you permit to use or otherwise deal with any Rented Item(s), we will, at our option: (a) repair the Malfunctioning Item; (b) provide you with a comparable item; or (c) solely with respect to the Malfunctioning Item, return the unused portion of the Rent and cancel this Contract. The foregoing remedies are EXCLUSIVE. We will have no other obligation(s) regarding Malfunctions, all of which you waive (including without limitation, all incidental and consequential damages).
8. SAFETY WARNINGS: THE RENTED ITEM(S) CAN BE DANGEROUS, AND MAY MOVE, SHIFT, TIP, SINK, OVERTURN, LEAK, OR COLLAPSE, PARTICULARLY DURING SEVERE WEATHER AND/OR ON STEEP TERRAIN. YOU AGREE TO: (A) EXERCISE, AND TO CAUSE ALL OTHERS TO EXERCISE, EXTREME CARE WHEN DEALING WITH SUCH ITEM(S); (B) PROVIDE ALL APPLICABLE FAMILIARIZATION, TRAINING, INSTRUCTIONS AND WARNINGS TO ALL USERS, OPERATORS AND OCCUPANTS OF THE RENTED ITEM(S); (C) ensure that each Rented Item is used reasonably, safely and only: (i) for its intended purpose(s); (ii) within its rated capacity; (iii) at the Site; (iv) BY PROPERLY TRAINED, QUALIFIED, CERTIFIED, FAMILIARIZED AND/OR LICENSED (AS APPLICABLE) ADULTS; and (v) otherwise in full compliance with this Contract and all applicable laws, rules and regulations, at all times. You will not, nor will you permit anyone else to abuse, misuse, overuse, conceal, repair, modify or damage any Rented Item. YOU ALSO AGREE TO: (X) ENSURE THAT ALL CHILDREN IN, ON, OR NEAR ANY RENTED ITEM(S) ARE SUPERVISED BY A COMPETENT ADULT AT ALL TIMES; (Y) POST IN A CONSPICUOUS PLACE, AN OSHA-COMPLIANT EVACUATION PLAN FOR ANY AND ALL TEMPORARY STRUCTURES INCLUDED IN THE RENTED ITEM(S); AND (Z) EVACUATE, AND PERMIT BWG TO DELAY DELIVERY, INSTALLATION AND/OR USE OF, OR DISMANTLE AND/OR RETRIEVE ANY OR ALL RENTED ITEM(S) (without obligating us to do so) IF SEVERE WEATHER OCCURS OR THREATENS.
9. NO WARRANTIES: BWG IS NOT THE MANUFACTURER OR DESIGNER OF ANY OF THE ITEM(S) REFERENCED HEREIN, ALL OF WHICH ARE PROVIDED “AS-IS”. NEITHER BWG NOR ANY TPO, MAKES ANY WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING ANY WAR RANTY(IES) OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND/OR GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANY WARRANTY(IES) ARISING FROM OR IN CONNECTION WITH ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) REFERENCED IN THIS CONTRACT, NOR DOES BWG OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCE OR INFRINGE MENT, ALL OF WHICH YOU WAIVE. NO DESCRIPTIONS, SPECIFICATIONS, DEPICTIONS OR ADVERTISEMENTS CONSTITUTE REPRESENTATIONS OR WARRANTIES BY US OR ANY TPO.
10. INDEMNITY: TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISKS, INCLUDING WITHOUT LIMITATION, RISK(S) OF PERSONAL AND BODILY INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, AS WELL AS ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPEN- SES (INCLUDING ATTORNEYS’ FEES) ARISING FROM AND/OR IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, FUELING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, RE- PAIR, DELIVERY, INSTALLATION AND/OR RETRIEVAL THEREOF, WHETHER OR NOT YOUR FAULT (COLLECTIVELY, “RISKS”); (B) RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BWG, EACH TPO, and their respective owners, shareholders, members, managers, officers, directors, partners, agents, affiliates, employees, insurers, subrogees, representatives, successors and assigns (each, an “Indemnitee” and collectively, the “Indemnitees”), for, from and against all such RISKS, as well as all other liabilities, claims, damages, losses, costs and expenses (including without limitation, attorneys’ fees) arising from and/or in connection with the Rented Item(s), this Contract and/or any breach hereof by you, your agents, employees, sublessees, successors and/or assigns; and except only as provided in § 7, (C) WAIVE all rights and remedies available under the Uniform Commercial Code, as well as all direct, indirect, incidental, consequential, general, special, exemplary and punitive damages, against each Indemnitee.
11. You agree to maintain all insurance BWG may require, including: (a) public and host liquor liability insurance with minimum limits of $1,000,000 per occurrence; (b) property damage/inland marine insurance covering all Rented Items for the full (new) replacement cost thereof; (c) workers’ compensation and employer’s liability insurance; and (d) if applicable (e.g., for vehicles and/or trailers) hired auto liability (with minimum limits of $1,000,000) and physical damage (for actual cash value) insurance. All such policies shall, to the maximum extent possible: (i) name BWG as an additional insured and loss payee; (ii) waive subrogation against BWG; (iii) be primary and non-contributory; and (iv) include a severability of interests clause and such other provisions as we may require. You irrevocably appoint BWG as your agent and attorney-in-fact for purposes of making and negotiating claims on all such policies.
12. To the maximum extent permitted under applicable law, you grant us: (a) a lien on all real and personal property placed in or on, affixed to, and/or improved with, any Rented Item(s); and (b) a perpetual, paid-up, royalty-free right and license to create, edit, copy and distribute audio and visual representations of any and all activities involving any one or more of the Rented Item(s) at any time and from time to time. We may, without further notice or liability to you, inspect and/or monitor (in person or electronically, including via the use of GPS or telematics) any Rented Item(s) at any time, and all information thereby obtained will be our property. You consent thereto and waive all claims with respect to the same. If any performance required of us is delayed or impaired as a result of any act or omission of/by you, any Other Provider(s) or any “Act of God” (any event, fact or circumstance beyond our reasonable control), we will be excused from such performance. You waive the benefits of all statutes of limitations regarding our rights and remedies. All amounts due hereunder but not timely paid will bear interest at the lesser of (i) 18% per annum; or (ii) the highest rate permitted under applicable law until paid. You authorize us to submit all amounts due and coming due hereunder to any debit or credit card(s) you provide. You agree to pay us the maximum lawful charge for any check you write which is returned unpaid. Our maximum liability in connection with this Contract is limited to the Rent we actually receive from you hereunder. You agree to pay all sales, use and other taxes, as well as all tolls, fines, fees, surcharges, assessments and other charges related to the Rented Item(s) and/or this Contract. If any legal action is commenced in connection herewith, we will be entitled to recover from you our associated attorneys’ fees, costs and expenses if we prevail. Neither our exercise, nor our failure or delay in the exercise, of any rights or remedies available under or in connection with this Contract will constitute an election of remedies or a waiver of any of our rights or remedies, all of which are cumulative.
13. Your duties hereunder are unconditional. If you or any guarantor shall: (a) fail to fully and timely honor, pay, perform or comply with this Contract and/or any of your obligations arising hereunder or in connection herewith; (b) provide any incorrect or misleading information to us; (c) become insolvent or bankrupt; or (d) die or cease conducting business, or if any Rented Item(s) shall be lost or damaged, you will be in default under this Contract, whereupon, we may with or without legal process or notice (and without liability to you), to the maximum extent permitted under applicable law: (i) cancel the Term and/or this Contract (and/or your rights to use and possess the Rented Item(s)); (ii) seek relief from stay; (iii) recover, empty, lock, disassemble, disconnect, and/or disable such Item(s) without being guilty of breach, trespass or wrongful interference, or liable for any injuries or property damage (for which you agree to indemnify, defend and hold harmless each Indemnitee); (iv) perform your obligations hereunder on your behalf, without being obligated to do so; (v) purchase replacement Item(s); (vi) recover from you and/or any guarantor our associated direct and indirect damages, losses, costs and expenses (including without limitation, Rent for the balance of the scheduled Term, loss of use, interest, attorneys’ fees and collection costs); and/or (vii) pursue any other rights and/or remedies available hereunder, at law and/or in equity, all of which shall be cumulative.
14. This Contract, and any “Addenda” we may provide, each of which shall be deemed incorporated herein, constitute(s) the entire agreement between you and BWG, superseding all other agreements and representations (including our website and advertising). The terms of this Contract are severable. If any provision hereof is deemed invalid or unenforceable by any court of competent jurisdiction, such provision will be deleted, and the remainder of this Contract will remain valid and enforceable. This Contract cannot otherwise be modified without our written consent. Time is of the essence. These Terms and Conditions apply to all Item(s) identified on P.1, and to all other items you obtain from us at any time (unless we otherwise agree in writing). This Contract shall be: (a) interpreted under the laws of Massachusetts; and (b) bind and be enforceable by and against you, B.W.G. Enterprises, Inc., the Indemnitees and such parties’ permitted successors and assigns (there being no other third-party beneficiaries hereto). Proper venue for all civil legal actions commenced in connection herewith shall lie solely in the federal, state and local courts located in or nearest to Plymouth County, MA (unless waived by BWG). You consent and submit thereto, and waive all claims that such venue lies in an inconvenient forum. Digital, electronic, photocopied and facsimiled signatures and initials hereon will be deemed originals.
15. WARNING: The concealment, sale or pledge of rented personal property and/or the failure to return such property to the owner within ten days after expiration of the lease or rental agreement may be deemed THEFT. See Mass. Gen. Laws, Ch. 266, § 87 et seq., and its successor provision(s) for details.
16. The undersigned has carefully read and fully understands the foregoing Terms and Conditions and PERSONALLY GUARANTEES the Customer’s prompt payment and performance of its obligations arising under this Contract.
LESSEE ACKNOWLEDGES THAT A LARGE-PRINT VERSION OF THESE TERMS AND CONDITIONS HAS BEEN MADE AVAILABLE TO LESSEE