Please read carefully. This agreement includes an indemnification clause, a class action and jury waiver, and limitations of United’s liability. By accepting delivery of the Equipment or Services (defined below) or making payment(s) to United for the same, Customer agrees to be bound by the Rental and Service Terms and the Terms and Conditions Regarding Electronic Communications that are made available by United on its website at https://www.unitedrentals.com/legal/electronic-communications-terms-conditions, along with the Rental Protection Program Terms (“RPP”) (if applicable) that are made available by United on its website at https://www.unitedrentals.com/legal/rpp-us-eng, even if the Rental and Service Agreement has not been fully executed.
1. DEFINITIONS
“Agreement” means the Reservation Details (as defined below), together with the RPP and any associated Rental and Service Agreement (as defined below), including these Rental and Service Terms which are incorporated by reference therein.
“Credit Card” means the credit card provided by Customer as part of this Agreement or otherwise kept on file with United.
“Customer” means the person or entity identified in the Reservation Details or any representative, agent, officer or employee of Customer.
“Equipment” means any one or more of the items identified as rental items in the Reservation Details and any accessories, attachments or other similar items delivered to Customer including, but not limited to any items rented in association with the Equipment or Services identified in the Specialty Terms in Sections 24-37 below, air hoses, electric cords, blades, welding cables, liquid fuel tanks and nozzles.
“Rental and Service Agreement” means the agreement made between Customer and United for United to rent Equipment and/or provide Services, whether that Agreement is made in person at the Store Location, online, or at the time of Equipment delivery, and which incorporates by reference these Rental and Service Terms and identifies the Equipment to be rented by Customer.
“Rental Period” means the period of time between the “Rental Out” and “Scheduled In”, set forth in the Rental and Service Agreement, except that the Rental Period may terminate earlier as provided in Sections 21 and 432 hereof or if Customer returns the Equipment earlier.
“Reservation Details” means the Equipment, Services, Rental Period, delivery information, payment information and other information set forth on the confirmation/order summary screen or the Rental and Service Agreement, as the case may be.
“Service” or “Services” means, as applicable, the delivery, installation, pick up and repair of Equipment and other services provided by United or its subcontractors in connection with the rental of Equipment purchased by Customer, including, without limitation, Trench Services, Scaffolding Services, Portable Sanitation Services, Fluid Solutions Services, Power and HVAC Services, Storage and Office Solutions Services, Alarm Monitoring Services, and Tool Services.
“Site” means Customer’s job site, worksite or project location where the Equipment will be located and/or where the Services will be performed.
“Specialty Media” means specialty filtration materials purchased in connection with the rental of Equipment used for Fluid Solutions (as defined in Section 27), such as sand, gravel, carbon, or other materials used to remove certain contaminants or other materials.
“Store Location” means the United address set forth in the Rental and Service Agreement.
“Tanks” means the Equipment identified as rental items as part of the Fluid Solutions Services in which Customer stores materials.
“Taxes” means sales tax, goods and services tax, property taxes (including, without limitation, any estimated personal property tax reimbursement charges) or other taxes, levies and assessments required to be collected by United from Customer at any time upon, or in respect of, the Equipment, Services and/or this Agreement.
“United” means United Rentals (North America), Inc.
2. AUTHORITY TO SIGN; FORM CONTRACTS
Any individual signing the Agreement represents and warrants that he or she is of legal age and has the authority and power to sign this Agreement on behalf of Customer.
3. INDEMNITY / HOLD HARMLESS
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD UNITED, AND ALL OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE (A) INSTALLATION, OPERATION, USE, ALTERATION, MODIFICATION, REMOVAL, POSSESSION OR RENTAL OF THE EQUIPMENT, (B) CLAIMS BY ANY CUSTOMER, INDEPENDENT CONTRACTOR OR CUSTOMER EMPLOYEE, AGAINST CUSTOMER, INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT CUSTOMER FAILED TO DISCLOSE OR OBTAIN CONSENT TO DATA COLLECTION CONTEMPLATED UNDER THIS AGREEMENT OR (C) ERRORS, OMISSIONS, INACCURACIES OR MISREPRESENTATIONS (WHETHER INTENTIONAL OR INADVERTENT) IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS (INCLUDING ANY THIRD-PARTY DOCUMENTS OR DOCUMENTATION), UPON WHICH UNITED RELIES WHEN PROVIDING THE EQUIPMENT OR SERVICES.
THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST UNITED BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, CUSTOMER SHALL NOT BE OBLIGATED TO INDEMNIFY UNITED FOR THAT PART OF ANY LOSS, DAMAGE OR LIABILITY CAUSED SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF UNITED.
IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO INDEMNIFY SHALL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES.
THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.
4. INSPECTION OF EQUIPMENT
Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Customer’s needs. Customer further acknowledges that Customer has inspected the propulsion tank of Vehicles (as defined in Section 30) registered and licensed, or required to be registered and licensed, for use on any highway or public road prior to taking possession thereof, and such propulsion tank contained no dyed fuel.
Customer has inspected or will inspect all hitches, bolts, safety chains, hauling tongues, and other devices and materials used to connect the Equipment to Customer’s towing vehicle, if any. Customer acknowledges United is not responsible for any damage to Customer’s towing vehicle caused by detachable hitches or mirrors.
With respect to the rental of Tanks, Customer shall take independent action to ensure that any materials Customer stores in the Tanks are chemically compatible with the Equipment. Customer shall provide United with the safety data sheet or verified laboratory tests that identify the material Customer stores in the Tanks.
For Tanks subject to the West Virginia tank law, Customer agrees that Customer has received a copy of the Certificate to Operate for each Tank identified rented under this Agreement. If Customer discovers any malfunction or defect in Equipment, Customer shall promptly notify United. Customer shall abide by all third-party manufacturer requirements regarding repair, maintenance, and notice.
5. LIMITATION OF LIABILITY
In no event shall United be liable or responsible to Customer or any other party for: (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use, or Services; (ii) United’s failure to deliver the Equipment as required hereunder or United’s failure to repair or replace non-working Equipment; (iii) any incidental, consequential, punitive or special damages, including damages resulting from delay to ongoing projects, in connection with this Agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or product liability, even if advised of the possibility of such damages; (iv) any civil penalties regarding compliance with any Federal, State or Local law or regulation related to use of the Equipment and any attorney fees and costs for any private enforcer pursuing such civil penalties; or (v) any liquidated damages.
Customer acknowledges and assumes all risks inherent in the operation, use and possession of the Equipment from the time the Equipment is delivered to Customer until the Equipment is returned to United and will take all necessary precautions to protect all persons and property from injury or damage from the Equipment.
6. CUSTOMER RESPONSIBILITIES
Customer shall provide United with the information and documentation United requests to assess, plan, and perform the Services and/or provide the Equipment. All Equipment is provided, and Services are performed, based on information provided by Customer or others, including the Database Information (as defined below), and United is relying on the accuracy and completeness of such information in providing the Equipment and performing such Services.
Customer recognizes that it is impossible for United to assure the accuracy, completeness and sufficiency of information provided by others, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information.
Customer is responsible for providing a secure and safe work environment for all parties, including United and its employees, and for ensuring that the Services are carried out in compliance with applicable laws. Customer shall ensure that both the Site and Equipment are accessible to United personnel and located in a clean, unobstructed, and safe area.
In the event that Customer is not the site owner, Customer warrants that Customer has secured the written consent of the owner for the installation and removal of any Equipment.
If United, in its sole discretion, determines that it is unable to perform, or needs to delay the performance of, the Services because Customer, or its third-party contractors, have not provided a secure and safe work environment, have failed to provide accurate or complete information, have caused delays, or have otherwise failed to comply with their responsibilities, United:
Additionally, Customer shall be responsible for any increased costs (including waiting time) incurred by United as a result of such actions.
7. EQUIPMENT USE
7.1. USE OF EQUIPMENT. Customer is familiar with the proper operation and use of each item of Equipment. Customer has selected the Equipment based on its requirements and will not use or allow anyone to use the Equipment for an illegal purpose or in an illegal manner; without a license, if required under any applicable law; or by anyone who is not a Qualified Operator (as defined in Section 30.1 herein).
Customer shall not insert, or permit to be inserted, any dyed fuel into the propulsion tank of Vehicles registered and licensed, or required to be registered and licensed, for use on any highway or other public road. In addition, Customer shall only use ultra-low-sulfur diesel fuel in equipment with tier 5 engines.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD UNITED HARMLESS FROM ALL FINES, PENALTIES, DAMAGE TO EQUIPMENT AND ANY OTHER COSTS INCURRED BY UNITED DUE TO DYED FUEL BEING INTRODUCED INTO THE PROPULSION TANK OF SUCH VEHICLES.
Customer agrees to: (i) check filters, oil, fluid levels and tire air pressure; (ii) clean and visually inspect the Equipment daily; and (iii) immediately cease using the Equipment and immediately notify United if Equipment needs repair or maintenance.
Customer acknowledges that United has no responsibility to inspect the Equipment while it is in Customer’s possession. United shall have the right to replace the Equipment with other reasonably similar equipment at any time and for any reason.
7.2. REGULATED MATERIALS. If Customer intends to use the Equipment for the storage and handling of Regulated Materials (as defined herein), the following terms set forth in this Section shall apply.
7.2.1. Definitions. “Regulated Materials” includes any material, substance or waste that falls into the following five categories...
7.2.2. Tank Testing. Customer acknowledges that the Equipment may have contained Regulated Materials in the past...
7.2.3. Cleaning. Prior to return, Customer shall clean the Equipment in accordance with the following requirements...
7.2.4. Sampling. After cleaning, Customer will confirm the Equipment’s RCRA Empty Condition or NDCL...
7.2.5. Sample Analysis. Customer agrees that the analysis of the sampling must:
7.2.6. Return. Customer shall return the Equipment in a RCRA Empty Condition or NDCL in accordance with the terms set forth herein.
If the Equipment does not meet the standard, Customer will undertake additional cleaning of Equipment, in accordance with all applicable law, to meet the standard, and will provide United with written evidence of same.
United will not pick up the Equipment and Customer will continue to pay rental charges until the Equipment has been cleaned to the standards specified herein.
In the event that Customer is unable to clean the Equipment in accordance with the terms set forth herein, Customer shall pay United for the full replacement value of the Equipment, plus any applicable taxes.
Customer agrees that in such event it assumes full ownership of and responsibility for the Equipment and any residual contents and all related liability for the management, transportation and disposal of such Equipment in accordance with all applicable laws.
Customer agrees that it shall be the generator of any hazardous, solid, or radioactive waste generated as a result of Customer’s failure to return the Equipment in a RCRA Empty Condition or NDCL, and of any residual materials resulting from Customer’s attempt to clean the Equipment.
CUSTOMER FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD UNITED HARMLESS FOR ANY LIABILITY INCURRED BY UNITED AS A RESULT OF CUSTOMER’S BREACH OF ITS OBLIGATIONS IN THIS SECTION OR AS A RESULT OF UNITED BEING DEEMED A “GENERATOR” UNDER APPLICABLE ENVIRONMENTAL LAWS.
The foregoing indemnity obligation shall survive the termination or expiration of this Agreement.
8. COMPLIANCE WITH APPLICABLE LAWS
Customer shall, at Customer’s sole expense, comply with all applicable municipal, state, and federal laws, ordinances and regulations (including but not limited to those relating to worker safety or the environment), building and zoning codes, professional licenses, and licenses and permits which may apply to the use of the Equipment or the receipt of Services (“Licenses and Permits”).
Licenses and Permits include, without limitation, the discharge of treated water, disposal of waste or spent Specialty Media or other materials, and security, traffic control, and road crossings associated with the use of the Equipment or the receipt of Services.
When transporting Non-Hazardous Waste (as defined in Section 7.2.1), United shall not be deemed to have taken possession of any Non-Hazardous Waste and Customer shall remain the generator of such waste.
Customer shall be subject to the provisions of Section 7.2 if any materials being transported are Regulated Materials.
Customer shall ensure that the Equipment at all times remains movable personal property. Customer shall not permit or allow the Equipment to be incorporated, attached, or joined to any real or immovable property such that it causes the Equipment to be deemed a fixture.
8.1. IN CALIFORNIA ONLY: If any of the Equipment is power-operated or power-driven excavating or boring equipment, it is the sole responsibility of Customer to follow the requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the California Government Code.
By signing this Agreement or accepting delivery of the Equipment, Customer accepts all liabilities and responsibilities contained in the California regional notification center law.
8.2. IN CALIFORNIA ONLY: For Equipment subject to California’s Portable Equipment Registration Program, Customer acknowledges receipt of a written copy of the registration for each engine.
8.3. IN CALIFORNIA ONLY: For Equipment that includes diesel generators operating in the state of California, Customer acknowledges and agrees to comply with the California Safe Drinking Water & Toxic Enforcement Act of 1986 (codified at CA Health and Safety Code Section 25249.5 et seq., known as California’s Proposition 65).
8.3.1. Assurances/Warranties: Customer assures and warrants it shall not cause United to be in violation of any such law or regulation with respect to California’s Proposition 65 through use of the Equipment.
8.3.2. Indemnification: Customer hereby indemnifies and agrees to defend and hold United, and its respective affiliates (and the respective partners, shareholders, employees, officers, directors, agents, sponsors, and insurers of each of them) harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys’ fees and costs) arising out of any claims, suits, arbitration, governmental inquiry, or other proceeding relating to the use of the Equipment provided by United.
Customer shall further indemnify, defend, and hold harmless United, its affiliates, and their respective officers, directors, agents, and employees from and against any and all claims, liabilities, and expenses (including attorneys’ fees and costs, increased and/or punitive awards) resulting in whole or in part from any actual or alleged failure of Customer to comply with all federal, state, and local laws and regulations (including California’s Proposition 65), whether now in effect or enacted in the future, regardless of whether a demand for payment is made to United or a lawsuit is filed against United.
8.4. IN CALIFORNIA ONLY: For Equipment subject to California’s In-Use Off-Road Diesel-Fueled Fleets Statute, it is the sole responsibility of Customer to comply with the idling, renewable diesel, and any other requirements pursuant to Title 13, California Code of Regulations, Chapter 9, Article 4.8.
8.5. IN WEST VIRGINIA ONLY: To the extent Customer rents any Tanks from United which are rented, transported, or used in West Virginia, Customer agrees to:
Customer also agrees that by using the Tanks, Customer is agreeing that the Tanks have been installed in accordance with West Virginia tank law requirements and that Customer is in receipt of copies of applicable safety and regulatory registration materials.
Customer further agrees that Customer shall comply, at Customer’s sole cost, with all applicable requirements of the West Virginia tank law and the West Virginia public water supply protection law, including but not limited to:
Customer agrees to comply with the bonding and financial assurance requirements of the West Virginia tank law and to provide United with evidence of such compliance based on Customer’s use of the Tanks.
9. WARRANTY / DISCLAIMER OF WARRANTIES
UNITED WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY AND THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER.
Except as expressly set forth herein, United makes no warranties, express or implied, with respect to the Equipment, Specialty Media, or Services and makes no warranties as to the merchantability of the Equipment or its fitness for any particular purpose, including the performance of any filtration equipment to meet any applicable regulatory standard.
There is no warranty that the Equipment is suited for Customer’s intended use, or that it is free from defects or contaminants.
Except as may be specifically set forth in the Agreement, United disclaims all warranties, either express or implied, made in connection with this rental transaction.
In the event of a breach of the above Equipment warranty, United shall, at its sole cost and expense, repair or replace the Equipment.
In the event of a breach of the above Service warranty, United shall, at its sole cost and expense, re-perform the Service.
10. MALFUNCTIONING EQUIPMENT
Should the Equipment be involved in an accident, become unsafe, malfunction, or require repair, Customer shall immediately cease using the Equipment and immediately notify United.
If such condition is the result of normal operation, United will repair or replace the Equipment with reasonably similar Equipment in working order, if such replacement Equipment is available.
United has no obligation to repair or replace Equipment rendered inoperable by misuse, abuse, or neglect.
Customer’s sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure.
Customer must return the Equipment to the Store Location within twenty-four (24) hours from the time of defect in order to terminate rental charges.
11. RETURN OF EQUIPMENT / DAMAGED & LOST EQUIPMENT
11.1. At the expiration of the Rental Period, Customer will return the Equipment to the Store Location during United’s regular business hours or, if United has agreed to pick up the Equipment, United shall endeavor to pick up the Equipment within a commercially reasonable period of time after Customer notifies United that the Equipment is called “off rent.”
Customer is obligated to restore the Equipment to the same condition as when delivered, reasonable wear and tear (as defined below) excepted.
Tanks shall be empty of all contents as required by any applicable federal, state, or local regulation, including but not limited to those set forth in the RCRA.
Customer shall be responsible for all damages to or loss of the Equipment from the time Customer takes possession of the Equipment until the Equipment is either returned to the Store Location by Customer or picked up by United.
In the case of the loss or destruction of any Equipment, or inability or failure to return same to United for any reason whatsoever, Customer will pay United the then full replacement list value of the Equipment together with the full rental rate as specified until such Equipment is replaced.
If the Equipment is returned in a damaged or excessively worn condition, Customer shall pay United the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed.
United shall be under no obligation to commence repair work until Customer has paid to United the estimated cost therefor.
Customer agrees that United reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to damaged or lost Equipment.
11.2. DISINFECTING.
During a widespread or global occurrence of an infectious disease, for Equipment handled by a person known or suspected to be infected or used in a known or suspected zone of infection, including but not limited to permanent or temporary healthcare facilities and testing facilities, ambulance interiors, and biological laboratories, Customer shall disinfect the Equipment in accordance with the following requirements:
11.3. IN WEST VIRGINIA ONLY.
If Customer rents Tanks, upon return to United, Customer agrees to provide United with copies of:
12. REASONABLE WEAR AND TEAR
Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one-shift basis (as defined in Section 15.1 below).
The following shall not be considered reasonable wear and tear:
13. LATE RETURN
Customer agrees that if the Equipment is not returned by the end of the Rental Period, or if the Tanks are not in RCRA Empty Condition when United comes to the Site to pick up the Tanks, United, in its sole discretion, may require Customer to do any of the following:
Customer agrees that United reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late return of Equipment.
14. CUSTOMER PERSONAL PROPERTY
With respect to any personal property left in or on the Equipment upon expiration of the Rental Period, United is not a bailee or warehouseman of Customer’s, or any other person’s, personal property.
United expressly disclaims any custody, control, or responsibility for the care of Customer’s, or any other person’s, personal property. United or its agents may remove the personal property from the Equipment.
Under no circumstances are United or its agents responsible for any personal property that may be lost, stolen, or damaged. Customer personal property left in or on the Equipment upon expiration of the Rental Period may be considered abandoned, unclaimed property in accordance with applicable state law.
15. RENTAL PERIOD / CALCULATION OF CHARGES
15.1. Rental charges commence when the Equipment leaves the Store Location and end when the Equipment is either returned to the Store Location during United’s regular business hours or picked up by United after Customer notifies United that the Equipment is "off rent" and obtains an "off rent" confirmation number from United.
Pick-up and delivery by United is subject to a "Delivery and Pick-up Service Charge", the amount(s) of which are disclosed on the Rental and Service Agreement.
Notwithstanding anything to the contrary in the preceding sentence, for the rental of Tanks, the rental period continues until Customer has emptied the Tanks of all contents and cleaned the Tanks in accordance with all applicable regulations, including but not limited to RCRA Empty Condition and any equivalent state clean-up laws.
Rental charges do not include the cost of the Refueling Service Charge (defined in Section 16 below), any applicable Taxes, the Delivery and Pickup Service Charge, transportation surcharges, the cost of the Environmental Service Charge (defined in Section 17 below), or other miscellaneous charges, the amount(s) of which are disclosed on the Rental and Service Agreement.
Additionally, United shall invoice Customer for any additional excess cleaning or repair costs, including:
Rental charges accrue during Saturdays, Sundays and Holidays.
Rental rates are for normal "one-shift" usage based on eight (8) hours per day, 40 hours per week and 160 hours per four-week period.
On power equipment, operations in excess of one shift will be as follows:
Customer will truthfully and accurately certify to United the number of shifts the Equipment was operated.
Customer’s right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of the Agreement.
15.2. IN CALIFORNIA ONLY: Customer acknowledges that an estimated personal property tax reimbursement charge will be applied to all rented Equipment at a rate of up to 0.75% of the rental amount. By signing the Agreement or accepting delivery of the Equipment, Customer agrees to pay this charge.
16. REFUELING SERVICE CHARGE
Customer acknowledges that a refueling service charge ("Refueling Service Charge") will be applied to all Equipment not returned with a full tank of fuel.
The exact cost of the Refueling Service Charge may vary depending on the rate being charged by the Store Location on the date Customer returns the Equipment.
Customer acknowledges that the Refueling Service Charge is not a retail sale of fuel.
Customer may avoid the Refueling Service Charge if Customer returns the Equipment with a full tank of fuel.
17. ENVIRONMENTAL SERVICE CHARGE
Due to the hazardous nature of some waste and other products, to comply with federal and state environmental regulations, and to promote a clean environment, United charges an environmental service charge ("Environmental Service Charge") for certain rentals.
The Environmental Service Charge is not a government-mandated charge, is not designated for any particular use, and is used at United’s discretion.
The Environmental Service Charge is 2.00% of the service charge and will not exceed $99.
Customer acknowledges the items indicated above are subject to the Environmental Service Charge and Customer agrees to pay that Environmental Service Charge.
18. DEPOSIT & PAYMENT
18.1. DEPOSIT: Customer’s Credit Card will be charged a deposit for the estimated rental (up to 28 days) 24 hours in advance of the scheduled rental start time.
In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of this Agreement to be performed by Customer.
In the event of any breach by Customer, the deposit will be credited against any damages, cost or expense incurred by United as a result of the breach.
18.2. PAYMENT: All remaining amounts due hereunder shall be payable in full upon receipt of invoice by Customer.
Customer acknowledges that timely payment of Equipment rental and Service charges is essential to United’s business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment.
Customer and United agree that there shall be added to all past due charges a late payment fee equal to the lesser of:
Where permitted by law, United may impose a surcharge of 2.0% for credit card payments on charge accounts.
This surcharge is not greater than United’s merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions.
Rental and Service charges do not include Taxes.
Customer agrees that United reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payments, pickup or delivery charges, extended rentals, rental or Service charges, or Taxes.
In the event Customer asserts that a transaction is exempt from Taxes, Customer agrees to provide a valid tax exemption certificate.
Should the transaction later be deemed taxable, Customer is obligated to reimburse United for any Tax assessed that was attributable to Customer.
19. TITLE / NO PURCHASE OPTION / NO LIENS
With the exception of Specialty Media, the Agreement is not a contract of sale, and title to the Equipment shall at all times remain with United.
Unless covered by a specific supplemental agreement signed by United, Customer has no option or right to purchase the Equipment.
Customer shall keep the Equipment free and clear of all mechanics and other liens and encumbrances.
20. TIRE AND TUBE REPAIR OR REPLACEMENT
Repair or replacement of tires and tubes on Equipment is the responsibility of Customer and is not included in the rental rate.
21. DEFAULT
Customer shall be deemed in default should Customer:
If Customer is in default, United may do any one or more of the following:
Customer shall be considered “Insolvent” if Customer:
22. CUSTOMER’S INSURANCE COVERAGE
Customer agrees to maintain and carry, at Customer’s sole cost, the following insurance:
Customer shall obtain insurance policies that provide, or are endorsed to provide, that all insurance required hereunder is primary and non-contributory to any other insurance maintained by United.
Customer shall name United as an additional insured for claims arising out of the maintenance, operation, or use by Customer of Equipment rented from United (providing coverage equal to or greater than the standard ISO CG 20 28 07 04 or its equivalent), and, if applicable, as an additional loss payee for property insurance.
Customer further agrees that the amount of insurance available to United shall be for the full amount of the loss up to policy limits of liability and shall not be limited to the minimum requirements of this Agreement.
In the event any policy provided in compliance with this Agreement states that the insurance afforded to an additional insured will not be broader than that required by contract, or words of similar meaning, Customer agrees that nothing in this Agreement is intended to restrict or limit the breadth of such insurance.
Any deductibles or self-insured retentions shall be the sole responsibility of the Customer.
All insurance required by this Agreement shall include:
The policies required hereunder shall provide that United must receive not less than ninety (90) days’ notice prior to any cancellation.
Customer shall provide United with documented proof of all required insurance coverage.
FOR RENTAL OF EQUIPMENT NOT LICENSED FOR ROAD USE, CUSTOMER MUST EITHER:
23. NO ASSIGNMENT, LENDING OR SUBLETTING
Customer shall not sublease, subrent, assign, or loan the Equipment without first obtaining the written consent of United, and any such action by Customer, without United’s written consent, shall be void.
Customer agrees to use and keep the Equipment at the Site set forth in the Agreement unless United approves otherwise in writing.
United may at any time, without notice to Customer, transfer or assign the Agreement, any Equipment, or any monies or other benefits due or to become due hereunder.
United may, in its sole discretion, engage subcontractors, agents, or other third parties to perform any or all of the Services or other obligations of United under this Agreement, without prior notice to or consent of Customer.
United’s use of any subcontractor shall not relieve United of any of its obligations under this Agreement, and United shall remain responsible for the performance of any such subcontractor to the same extent as if United had performed the Services itself.
SPECIALTY SERVICES AND EQUIPMENT
The terms and conditions set forth in Sections 24-38 below (the “Specialty Terms”) supplement the overall Rental Service Terms.
All of the Rental Service Terms in this Agreement apply to the specialty Equipment and Services listed below.
In the event of a conflict between the overall Rental Service Terms and the Specialty Terms, the applicable Specialty Terms shall prevail.
24. TRENCH SERVICES
“Trench Services” may include the engineering, delivery, and pickup of the trench/shoring system (the “System”).
The System is to be used in complete accordance with any manufacturer’s tabulated data that is provided therefor. United makes no representation or warranty about, and shall not be responsible for, such data.
If United provides an on-Site observer (the “Observer”) to observe the installation of the System, neither the presence of the Observer at the Site nor the provision of the Trench Services by United shall relieve Customer, and Customer assumes full responsibility for, the construction means, methods, sequence, techniques, and procedures necessary to use the Equipment, including but not limited to:
Customer shall perform and complete all such activities in accordance with:
Customer agrees that it shall be solely responsible for retaining, at its sole cost and expense, a competent person to oversee the implementation of, approve, and ensure that the assembly, installation, welding, construction, maintenance, deflection, dewatering, and removal of the System, including field reviews thereof, is performed and completed by or on behalf of Customer in strict compliance with all applicable municipal, provincial, territorial, and federal laws, ordinances, regulations, or otherwise prescribed by local governing bodies or self-regulatory organizations.
25. SCAFFOLDING SERVICES
“Scaffolding Services” may include the installation and dismantling of scaffolding, including all parts and accessories thereto.
Unless otherwise agreed to by the parties in writing, Customer shall:
Upon completion of the installation, Customer shall sign the customer acceptance certificate provided by United.
26. PORTABLE SANITATION AND FENCING SERVICES (to be provided by United’s affiliate, Reliable Onsite Services)
26.1. Definitions
“Fencing Services” means, as applicable, the installation, relocation, and removal of Fencing Materials, panel fencing, post-driven fencing, and other fence-related products and services provided, together with all replacements, repairs, additions, attachments, and/or accessories of all Equipment and Fencing Material.
“Fencing Material” includes, but is not limited to, machinery, screening, signage, plastic, water barriers, gates, base weights, bracing, sound blankets, acoustic panels, netting, windscreens, and/or color screens.
26.2. Portable Sanitation Services
“Portable Sanitation Services” are optional and available upon request, and may include:
When requested, Portable Sanitation Services will be provided once per week for restrooms and holding tanks.
Additional servicing frequency is available upon request and shall be charged on a per-unit basis.
If Reliable Onsite Services personnel are unable to service restrooms, holding tanks, or other equipment during regularly scheduled service times, additional fees may be charged to return for such service.
Upon request, Reliable Onsite Services may install or repair a connection to holding tanks for an additional fee.
Customer shall not:
Customer is responsible for staking portable toilet units to the ground or otherwise securing units to immovable objects.
26.3. Site Condition
Customer is responsible for performing a comprehensive hazard and risk assessment prior to the commencement of any Fencing Services, including but not limited to:
Additionally, Customer must:
United and/or Reliable Onsite Services are not responsible for:
United and/or Reliable Onsite Services shall have public utilities marked prior to initiating Fencing Services.
If private utilities exist, an additional charge will be assessed for their location.
With respect to delivery and pickup of Equipment, if United determines, in its sole discretion, that it is unable to perform Portable Sanitation Services or Fencing Services because Customer has not provided a secure and safe work environment, or if delivery or pickup may result in property damage, United reserves the right to refuse such services without liability to Customer.
Customer shall be responsible for any increased costs incurred by United as a result.
26.4. Customer Responsibilities
In addition to Customer’s obligations under Section 6 of the Agreement, Customer shall designate one or more on-site representatives responsible for:
26.5. Third-Party Deliveries
Where Reliable Onsite Services does not provide labor or delivery for the Fencing Services, Customer must provide Equipment and a Qualified Operator.
Reliable Onsite Services will not provide these items free of charge, but they may be available upon Customer request for an additional fee.
Customer is required to return Fencing Materials, Equipment, and/or other products related to Fencing Services in the same manner in which they were received, including:
26.6. Scheduling, Modifications, and Damage
In addition to Customer’s obligations under Section 11 of the Agreement, Customer is required to provide reasonable advance notice when scheduling any labor phase, taking into account the scope and timing of the work involved.
Additions of any Fencing Materials, Equipment, or Fencing Services may result in:
Customer is required to notify Reliable Onsite Services immediately if Fencing Materials and/or Equipment have been damaged in any way.
Additional fees may be charged for:
Customer will be billed for any additional labor required to dismantle, re-erect, and/or repair damage to the Fencing Materials and Equipment.
27. FLUID SOLUTIONS SERVICES
27.1. “Fluid Solutions” means fluid storage, transfer, and/or treatment, and includes but is not limited to, the rental of Tanks, pumps, filtration, and any accessories, attachments, or other items delivered to Customer, as well as any ancillary services thereto. Fluid Solutions may include the design, installation, operation, ongoing maintenance, monitoring, and dismantling of the Fluid Solutions system (“Fluid Solutions Services”). Customer shall provide accurate measurements, specifications and any supporting documentation to assist in the Fluid Solutions Services as requested by United. Unless otherwise agreed to by the parties, Customer shall (i) have adequate lifting equipment on Site to load and unload during set up and break down; (ii) insert, remove and maintain sewer pipe plugs and suction screens as necessary; (iii) provide any and all containment and required matting; (iv) obtain any and all rights of way, permits, and easements as necessary; (v) provide adequate staging areas, water sources, and access thereto; (vi) provide necessary controls of erosion, odor and traffic, including Site restoration, as necessary; (vii) provide fueling and/or adequate power, including cable and an electrician, as necessary; (viii) perform daily inspection and maintenance of the Equipment during the Rental Period; and (ix) provide access at all times to the Fluid Solutions system and a clean, unobstructed and safe area to perform the Fluid Solutions Services.
27.2. Scope of Services and Change Orders. The scope of services (“Scope”) provided for each job shall be incorporated into the Agreement. Unless specifically agreed to in the Scope, Customer, at its cost and expense, shall obtain all required building and construction permits, inspections, or certificates, as well as any permissions and authority necessary to perform the Fluid Solutions Services. If the type of liquid, including its constituents and other characteristics (for example, viscosity, turbidity), the volume or the rate of flow (whether due to weather or other factors not specifically under United’s control), or any other material information on which United relied when designing the Fluid Solutions Services materially change at any time, United shall notify Customer and request an emergency change order (“Emergency Change Order”). Customer acknowledges that, due to the nature of the Fluid Solutions Services which are tailored to specific information and data, in the event of such material change, it is imperative that Customer immediately respond to any request for Emergency Change Order to avoid a spill or other incident. Therefore, Customer shall designate one or more authorized representatives who will be available to United 24/7/365 to respond to such requests. Customer agrees that the verbal or written approval (whether by email or text or other document) of such designated representative shall be binding and shall be subject to the terms and conditions set forth in the Agreement. Further, if Customer’s authorized representative does not immediately respond to such request, Customer agrees that United, in its sole discretion, may take the action it deems most effective to mitigate any spill, incident or accident and Customer further waives the right to contest such action, agrees that United shall not be liable to Customer in connection with such action, and Customer shall be responsible for the additional costs incurred thereby.
27.3. Specialty Media. Specialty Media shall be deemed purchased under this Agreement on an AS-IS, WITH ALL FAULTS basis and is non-refundable once delivered to Customer. At the expiration of the rental period, Customer is responsible for emptying and disposing of all Specialty Media in compliance with applicable law. Any spent Specialty Media Customer generates is subject to disposition facility acceptance testing, at Customer’s sole cost and expense. The disposition facility may periodically re-test spent Specialty Media to assure it remains acceptable for disposition. If spent Specialty Media testing determines the spent Specialty Media is unacceptable for any designated disposition facility, use of an alternate disposition facility may result in additional cost and Customer shall pay said additional cost. Customer shall provide any and all information required by the disposition facility or to United, related to the evaluation of the acceptance of spent Specialty Media.
28. POWER AND HVAC
“Power and HVAC Services” may include power and Heating, Ventilation and Air Conditions (“HVAC”) system start-up support, installation of low voltage cables, installation of temporary chilled water piping, on-Site training for Customer’s employees, 24/7 technical assistance and on-Site support, and monitoring of selected installing trades. Customer hereby consents to United’s use of a third-party technician to perform installation and hook-up services of the Equipment, if Power and HVAC Services are requested by Customer. Unless otherwise agreed to in writing by the parties, Customer shall (i) perform daily inspection and maintenance of all Equipment during the Rental Period; (ii) decontaminate Equipment of any chemical or hazardous fluids; (iii) obtain all necessary permits and regulatory inspections; (iv) replace dirty air filters on all air handlers and air conditioners; (v) load and unload all rental Equipment from trailers (if applicable); (vi) remove all fuel from any supplemental tanks prior to Equipment decommissioning; (vii) fuel and/or refuel all generators, boilers or fuel tanks with #2 fuel oil; (viii) check and record oil levels in generator daily; (ix) allow United to perform service every 250 hours on all Equipment; and (x) furnish a qualified electrician to connect and disconnect Equipment to utility power.
29. TOOL SERVICES
“Tool Services” may include tool tracking services, tool tracking software, utilization data (via printed/electronic reports), an on-Site technician to manage tools and other equipment, and a tool room, if needed. Unless otherwise agreed to by the parties, Customer shall (i) provide a safe location for the trailer where it can be housed for the duration of the project; (ii) provide power to supply electricity to the trailer (generator or plant power); (iii) install scaffolding around the trailer if the Site does not make use of the trailer’s stairs; (iv) supply United with information regarding access requirements, including but not limited to, Site-specific classes, drug testing requirements, fatigue day rules, etc., prior to delivery; (v) supply United with a list of personnel authorized to check-in and check-out tools and/or allowed to request addition/removal of inventory.
30. VEHICLE RENTAL
For purposes of this Agreement, “Vehicle” means a motor vehicle or EV (as defined in Section 30.14 below) identified as the rental item(s) in a Rental and Service Agreement, reservation detail, or similar document; “Vehicles” collectively refers to each such Vehicle. For avoidance of doubt, a Vehicle is Equipment.
30.1. Accidents, Theft and Vandalism. Customer must promptly and properly report any accident, theft or vandalism involving the Vehicle to United and to the police in the jurisdiction in which such incident takes place. Customer should obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurances wherever possible. If Customer or any Qualified Operator (as defined below) receives any papers relating to such an incident, those papers must be promptly given to United. Customer and any Qualified Operators must cooperate fully with United’s investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY MAY VOID ANY AND ALL LIABILITY PROTECTION PURCHASED FROM, OR PROVIDED BY, UNITED. Customer and any Qualified Operators authorize United to obtain any records or information relating to any incident, consent to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction. “Qualified Operator” means any individual who is permitted by Customer to operate the Vehicle within the United States. This includes individuals identified in the Rental and Service Agreement as additional Qualified Operator(s). All Qualified Operators must have a validly issued operator’s license that is in English or an International Driving Permit (IDP) for customers with a validly issued license that is not in English, and relevant experience and training to operate the Vehicles and/or Equipment. By operating the Vehicle, a Qualified Operator will be deemed jointly and severally responsible for Customer’s obligations related to the Vehicle and for any obligations that the Rental and Service Agreement imposes on a Qualified Operator of the Vehicle.
30.2. Third-Party Charges. Government-mandated charges like taxes, tax reimbursements, Vehicle licensing fees, surcharges and similar fees are charged/recovered at the rates specified on the Reservation Details or as otherwise required by applicable law. Customer is responsible for paying these amounts to United.
30.3. Cleaning. Upon return, if the Vehicle in United’s discretion requires more than United’s standard cleaning, United will charge Customer a minimum of $250 for professional cleaning.
30.4. Smoking. United maintains a non-smoking fleet, including a prohibition on the use of e-cigarettes in the Vehicle. If the Vehicle has an odor or is soiled from smoke or vapor of any kind, United will charge a minimum of $250 for odor removal.
30.5. Recovery Costs. Customer is responsible for recovery expenses, consisting of costs of any and all kinds (and including attorneys’ fees and court costs) incurred by United in recovering the Vehicle (i) under this Rental and Service Agreement; or (ii) if it is seized by governmental authorities as a result of the use of the Vehicle by Customer, any Qualified Operator or any other operator with Customer.
30.6. Lost Keys/Key Fobs/Lockouts. If Customer loses the Vehicle’s keys, key fobs, or toll transponder, United will charge Customer for the actual cost of replacing the item, a $60 fee for United’s out-of-pocket administrative costs for replacing lost toll transponders, and for the cost of delivering replacement keys and/or key fobs and/or towing the Vehicle to the nearest Store Location to open such Vehicle. If Customer or Qualified Operator locks the keys and/or key fobs in the Vehicle and requests assistance from United, United may charge Customer for the cost of delivering replacement keys and/or key fobs and/or towing the Vehicle to the nearest Store Location to open such Vehicle.
30.7. Parking and Traffic Violations. CUSTOMER WILL BE RESPONSIBLE FOR, AND WILL PAY WITHOUT DELAY, ALL PARKING AND TRAFFIC VIOLATIONS, AS WELL AS OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUND FEES AND ALL TICKETS INCURRED WHILE THE VEHICLE IS ON RENT TO CUSTOMER. IF CUSTOMER IS ISSUED AN AUTOMATED TRAFFIC VIOLATION, CUSTOMER AGREES TO PAY A “TRAFFIC VIOLATION SERVICE CHARGE” COMPRISED OF THE AMOUNT OF SUCH VIOLATION PLUS A FLAT FEE OF $20.00 WHICH IS THE AMOUNT OF UNITED’S OUT-OF-POCKET ADMINISTRATIVE COSTS FOR ITS TRAFFIC VIOLATION MANAGEMENT SERVICE. THIS CHARGE WILL BE BILLED TO THE CUSTOMER WHEN INFORMATION REGARDING ANY SUCH VIOLATION, AND EXPENSES RELATED THERETO, IS RECEIVED BY UNITED, AND MAY BE CHARGED AT A LATER DATE.
30.8. Tolls, Violations and Fees. CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS RESPONSIBLE FOR AND WILL PAY ALL TOLLS AND TOLL VIOLATIONS. IF CUSTOMER USES A TOLL-BY-PLATE SYSTEM, OR INCURS A TOLL OR TOLL VIOLATION, CUSTOMER AGREES TO PAY A “TOLLING SERVICE CHARGE” FOR THIS SERVICE. THE TOLLING SERVICE CHARGE IS THE AMOUNT OF THE TOLL PLUS A FLAT FEE OF $3.30 TO COVER UNITED’S OUT-OF-POCKET ADMINISTRATIVE COSTS FOR ITS TOLL MANAGEMENT SERVICE. THE EXACT COST WILL BE CALCULATED AND CHARGED BASED ON ACTUAL USAGE OF A TOLL-BY-PLATE SYSTEM OR THE TOLL OR TOLL VIOLATION INCURRED. THIS CHARGE WILL BE BILLED TO THE CUSTOMER WHEN INFORMATION REGARDING TOLL-BY-PLATE USAGE AND/OR THE TOLL OR TOLL VIOLATION INCURRED, AND EXPENSES RELATED THERETO, IS RECEIVED BY UNITED, AND MAY BE CHARGED TO CUSTOMER AT A LATER DATE. CUSTOMER MAY AVOID THE TOLLING SERVICE CHARGE BY PAYING TOLLS WITH ITS OWN TRANSPONDERS, BY USING ANOTHER TOLL PAYMENT SYSTEM, OR BY AVOIDING TOLL ROADS ALTOGETHER.
30.9. Mileage Charges; Additional Mileage Charges. For certain types of licensed, over the road Vehicles, the rental rate charged to Customer will include a specified number of miles per billing cycle. Customer will be charged for miles in excess of the specified number (the “Additional Mileage Charge”) upon the return of the Vehicle. The Additional Mileage Charge will be calculated by multiplying the number of additional miles driven as determined by the Vehicle’s odometer or Telematics Device (as defined below in Section 31 (if applicable)) by the charge per mile. The allowable number of miles per billing cycle and the rate for Additional Mileage Charges will be reflected in the Rental agreement, purchase order and/or similar documents.
30.10. Vehicle Tracking Telematics; Return of Vehicle.
30.10.1. IN ORDER TO TRACK THE LOCATION OF VEHICLES THAT HAVE NOT BEEN TIMELY RETURNED, SOME VEHICLES MAY HAVE ELECTRONIC SERVICE TECHNOLOGY AND/OR TELEMATICS DATA COLLECTION, TRACKING AND/OR RELATED SERVICES SUCH AS A TELEMATICS DEVICE AND/OR CAMERAS LOCATED INSIDE AND/OR OUTSIDE THE VEHICLE (COLLECTIVELY “VEHICLE TRACKING DEVICES”), IN WHICH CASE, CUSTOMER UNDERSTANDS THAT ITS ACCESS AND USE OF THE VEHICLE OR THE SERVICES (AND ANY DATA THAT MAY BE STORED IN CONNECTION THEREWITH) ARE SUBJECT TO THE VEHICLE, SERVICE PROVIDER’S AND/OR THE VEHICLE TRACKING DEVICE MANUFACTURER’S TERMS AND PRIVACY STATEMENT, WHICH MAY INCLUDE BUT NOT BE LIMITED TO OTHER TERMS, SERVICE LIMITATIONS, WARRANTY EXCLUSIONS, LIMITATIONS OF LIABILITY, WIRELESS SERVICE PROVIDER TERMS AND PRIVACY PRACTICES THAN THOSE SET FORTH IN THIS AGREEMENT. THE WARRANTIES SET FORTH IN SECTION 9 OF THIS AGREEMENT WILL NOT APPLY TO VEHICLE TRACKING DEVICES AND UNITED MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO VEHICLE TRACKING DEVICES. SPECIFICALLY, UNITED DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO VEHICLE TRACKING DEVICES.
30.10.2. UNITED HAS NO OBLIGATION TO DELETE OR REMOVE ANY TELEMATICS OR OTHER DATA THAT MAY BE CAPTURED ON ANY VEHICLE TRACKING DEVICE OR VEHICLE RETURNED TO UNITED, WHICH MAY BE STORED AND HELD IN SUCH VEHICLE INDEFINITELY. IN CALIFORNIA: VEHICLE TRACKING DEVICES INCLUDED IN THE VEHICLE MAY BE ACTIVATED OR USED IF THE VEHICLE IS NOT RETURNED WITHIN 72 HOURS AFTER THE CONTRACTED RETURN DATE OR EXTENSION OF THE RETURN DATE. FOR RENTALS COMMENCING IN ARIZONA, IT IS REQUIRED BY LAW THAT CUSTOMER BE NOTIFIED THAT IT WILL BE A VIOLATION OF ARIZONA STATUTE 13-1806 IF THE VEHICLE IS NOT RETURNED WITHIN 72 HOURS OF THE DUE DATE AND TIME SPECIFIED ON THE RENTAL RECORD AND THAT CUSTOMER SHALL BE SUBJECT TO A MAXIMUM PENALTY NOT TO EXCEED US $150,000 AND/OR IMPRISONMENT OF 2.5 YEARS...
30.11. Remote Drop Off Service Fee. A remote drop off service fee will be applied if Customer returns the Vehicle to a different location from its originating location. The fee will be calculated based on factors including the type of Vehicle, time of year, and United’s cost in transporting the Vehicle from the return location. The charge will be disclosed when Customer notifies United that Customer is returning the Vehicle to a different location than where the Vehicle originated. This fee can be avoided by returning the Vehicle to its originating location.
30.12. Customer Installation of Monitoring or Tracking Devices on Equipment. In certain cases, United may be willing to provide prior written consent to Customer to install, or cause to be installed, Customer-supplied or Customer-sourced dashboard cameras, telematics equipment and devices, and/or other digital and audio recording or tracking devices (collectively, “Customer Devices”) in the Vehicle...
30.13. Routine Maintenance/Daily Inspections. Unless otherwise agreed to in writing by the parties, Customer shall perform Routine Maintenance (as defined herein) and daily inspections on the Vehicle during the Rental Period. “Routine Maintenance” is defined as the replacement of consumable items such as motor oil, radiator coolant, brake fluid, power steering fluid, wiper blades, filters, and brake pads...
30.14. Electric Vehicle Rental. In addition to (and not in lieu of) Sections 30.1 through 30.15, the following terms apply to the rental of a battery-powered motor Vehicle with a non-combustion engine identified as an EV rental item (an “EV”):
30.14.1. EVs may collect information regarding the range of the EV’s battery life, but such range calculations are provided for general informational purposes only and are not guaranteed to be accurate or complete...
30.14.2. At the end of the Rental Period, Customer is required to return the EV with a minimum battery charge of twenty percent (20%).
30.14.3. For recharging during the Rental Period, Customer is responsible for all costs, services and fees incurred at any charging and/or supercharger stations...
30.14.4. Subject to Ford’s Blue Oval Network terms and conditions, United’s Ford EVs may be able to access Ford’s Blue Oval Charging Network (the “BOCN”)...
30.14.5. Battery charging limit on an EV shall be set at ninety percent (90%) maximum.
30.14.6. Any EV accessories including, but not limited to, charging cord(s) and plug adaptor(s) provided by United with the EV are Customer’s responsibility...
31. USE OF TELEMATICS DEVICES, DASH CAMS, AND CUSTOMER DEVICES
If included with Customer’s Equipment rental, Customer may access and use certain United-approved and supplied telematics devices (the “Telematics Device(s)”) and/or United supplied dashboard cameras and/or digital and audio recording devices (the “Dash Cam(s)”). Telematics Devices and/or Dash Cams may include, but are not limited to, on-equipment devices, wearable devices, and any other telematics and/or recording devices, related accessories, and the Management System (as defined below), but shall exclude any Customer Devices or third-party portal or management tool not operated, approved or supplied by United. Certain Telematics Devices and/or Dash Cams provide on-demand access management to United Equipment and Vehicles and may be able to be configured through a web-based management system provided by United (the “Management System”). Certain hardware and software requirements, and access to the Internet, may be required to use Telematics Devices and/or Dash Cams.
31.1. Database Information; Management System. Prior to using a Telematics Device or Dash Cam and in connection with use of the Management System, Customer shall provide United with all information requested by United in each case, which may include, but is not limited to, any contact and other information related to any Qualified Operators that may use a Telematics Device or Dash Cam (the “Database Information”). Customer will use reasonable efforts to not provide identifiable information and otherwise anonymize or pseudonymize Database Information as practicable. Upon mutual agreement of the parties, if possible, United shall populate the Management System with such Database Information, and, after population, shall provide Customer with limited access to the Management System. Customer shall review the Database Information in the Management System promptly for accuracy and shall immediately notify United of any errors or inaccuracies in the Database Information. If Customer fails to notify United of any errors in the Database Information within seven (7) days after access to the Management System is granted to Customer, such information will be deemed accurate and correct. United will not monitor any changes made by Customer to any Telematics Device, the Management System and/or the Database Information. Customer is solely responsible for any changes to the Database Information and/or any other information contained in the Management System after access to the Management System is granted to Customer. United shall have no obligations to provide a portal or management tool with respect to Customer Devices. United shall have no obligation to access, populate, monitor and/or make changes to any such third-party platform.
31.2. Telematics Device and Dash Cam Overview. Prior to using a Telematics Device or Dash Cam, United may (if applicable, in United’s sole discretion) review certain features and functions of the Telematics Device and/or Dash Cam with the Customer. Any use of the following is at the Customer’s sole risk: (i) a Telematics Device or Dash Cam by unauthorized personnel (including operators that are not Qualified Operators); (ii) any part or feature or functionality of a Telematics Device or Dash Cam not reviewed with the Customer by United (if review with United is available and applicable); (iii) a Telematics Device or Dash Cam in a manner inconsistent with the Documentation (as defined below); or (iv) any Customer Device, including any accompanying portals or platforms. CUSTOMER WAIVES AND RELEASES UNITED FROM ALL LIABILITY RESULTING FROM THE USES IDENTIFIED IN THIS SECTION 31.2(i)-(iv) AND WILL INDEMNIFY, DEFEND AND HOLD UNITED HARMLESS AGAINST ANY AND ALL DAMAGES OF WHATEVER KIND INCURRED BY UNITED IN CONNECTION WITH SUCH USE. Customer is solely responsible for preventing unauthorized use of Telematics Devices, Dash Cams, and Customer Devices it has rented or that are included with Equipment it has rented from United, including but not limited to preventing use of any part or feature or functionality of each Telematics Device or Dash Cam not reviewed with the Customer by United, as applicable. Customer shall not disable or circumvent, or attempt to disable or circumvent, any part of a Telematics Device or Dash Cam or the corresponding use and time limitations established in the Management System.
31.3. Documentation. United may provide reference guides, manuals, and other documentary information, either in writing or electronically, in connection with a Telematics Device, Dash Cam or Customer Device (“Documentation”). Customer’s use of a Telematics Device, Dash Cam or Customer Device shall be in strict compliance with the Documentation.
31.4. Other Entities. Customer may allow other entities to use a Dash Cam, Telematics Device and/or the Management System, provided that such entities are Qualified Operators, have reviewed the use of the Dash Cam and/or Telematics Device with United personnel, and have reviewed the relevant Documentation. Customer shall be fully and solely responsible for the acts and omissions of such other entities, and of persons directly or indirectly employed by any of them, as Customer is for the acts or omissions of itself and persons directly employed by Customer. Nothing herein shall create any contractual relationship between United and any entities or persons other than Customer.
31.5. Support and Maintenance. United shall provide certain maintenance and support services to Customer, including delivery of technical information, consulting, cooperation and assistance as may be reasonably necessary with respect to Telematics Devices and Dash Cams, provided that Customer has timely paid to United any amounts due under this Agreement and is not otherwise in breach of this Agreement. United may assist Customer regarding use of the Management System, at Customer’s reasonable request, within commercially reasonable timeframes and subject to sufficient cooperation by Customer. Customer is solely responsible for verifying any changes made in the Management System and for promptly ensuring and confirming the accuracy of such changes. Customer waives and releases United from any liability regarding changes made at Customer’s request and for any delay in making requested changes.
31.6. Access to Data. In connection with the provision of Telematics Devices, Dash Cams and Customer Devices, United may access data, which may include personal information including precise geolocation and/or biometric data, which is held on or collected by Telematics Devices, Dash Cams and/or Customer Devices and United may use and disclose such data in order to improve its products, business and services. Data provided by Customer to or collected by the Telematics Devices, Dash Cams or Customer Devices may be accessed, collected, used or disclosed by United for such purposes. United’s privacy policy, which describes how United collects, uses and shares data is located at https://www.unitedrentals.com/legal/privacy-policy. TELEMATICS DEVICES OR DASH CAMS AND, AS APPLICABLE, CUSTOMER DEVICES, MAY RETAIN DATA AFTER BEING REASSIGNED TO SUBSEQUENT CUSTOMERS. CUSTOMER SHALL PROVIDE ALL REQUIRED NOTICES AND OBTAIN ALL REQUIRED CONSENTS AS MAY BE REQUIRED UNDER ANY APPLICABLE LAW OR CONTRACT FROM ITS EMPLOYEES, CONTRACTORS OR OTHER QUALIFIED OPERATORS TO PERMIT CUSTOMER AND/OR UNITED’S COLLECTION AND USE OF DATA UNDER THIS SECTION AND AS OTHERWISE PROVIDED IN THIS AGREEMENT. United may, but has no duty to, review such data, and shall not be required to monitor, assess, or notify Customer of any trends or other issues associated with such data. Customer is solely responsible for: (a) monitoring use of the Telematics Devices, Dash Cams and Customer Devices; and (b) reviewing and reacting to any trends or other issues present in data or behavior reflected by such data.
31.7. Termination of Access. United reserves the right to terminate Customer’s access and use of a Customer Device, Telematics Device, and/or Dash Cam at any time, in United’s sole discretion. Upon termination of access, Customer shall not attempt to use or access such Customer Device, Telematics Device or Dash Cam. Termination of access may result in loss of data.
31.8. Prohibited Applications. Telematics Devices are not designed or intended for use in connection with the following: (i) aeronautic or aerospace applications; (ii) nuclear and other high-risk facilities; (iii) transportation systems or the delivery of oil, natural gas, or any other combustible liquid or gas; or (iv) any other application in which the failure of a Telematics Device could lead to personal injury, death or other material consequence (the “Prohibited Applications”). The removal, alteration, or modification of Telematics Devices or Dash Cams shall also be considered Prohibited Applications. Customer shall not use Customer Devices, Telematics Devices or Dash Cams for or in connection with any of the Prohibited Applications, unless authorized by the express written approval of an executive officer of United. United is not liable, in whole or in part, for any claim or damage arising from any use of the Customer Devices, Telematics Devices or Dash Cams in connection with any Prohibited Applications even if United has authorized such use or has been informed in writing (or otherwise) of such usage. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD UNITED HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES, AND LIABILITIES ARISING OUT OF ANY SUCH PROHIBITED APPLICATIONS OF THE CUSTOMER DEVICES, TELEMATICS DEVICES OR DASH CAMS.
32. THE WEDGE SYSTEM
If included with Customer’s Equipment rental, Customer may access and use a remote monitoring system that consists of a gateway and various wireless sensors that allow for remote monitoring (the “Wedge System”, which shall be deemed Equipment under this Agreement) and which may include optional features such as (i) thermocouple adapters (the “TCA”), (ii) a control box device (the “Smart Heater Control Box”) that may be connected to a Heater (as defined below) through its thermostat receptacle, (iii) login credentials to a secure website that may be accessed via Customer’s network (the “Software”), and (iv) documentation describing the operation of the Smart Heater Control Box and Software (the “Smart Heater Documentation” and, collectively with any related hardware documentation, the “Wedge System Documentation”) that permits remote monitoring, and start-up/shutdown of any space heaters manufactured by third parties that United has rented (or has agreed, or is agreeing, to rent) to Customer under the Rental and Service Agreement (each, a “Heater”; and, with the Smart Heater Control Box and the Software, collectively, the “Smart Heater System” and shall be deemed part of the Wedge System, if applicable) and to the extent that the Customer elects to rent the Smart Heater System, such components will only be used in connection with a Heater.
32.1. Operation of the Wedge System; Maintenance. Customer shall ensure that the Wedge System is operated only by employees of Customer (or, if Customer is an individual, only by Customer) who have received training and instruction from United in the safe operation of the Wedge System (“Authorized Operators”). The Wedge System is certified for indoor use only but may be used outdoors in connection with the requirements of this Section 32 and the Wedge System Documentation. Customer shall ensure that no one other than United alters, repairs, opens or modifies any Wedge System components, except that Customer may use any “reset” button on a Smart Heater Control Box to reset the Smart Heater Control Box. United is under no obligation to inspect the Wedge System or the Heater but United may, at its sole discretion, inspect any component of the Wedge System (and in the case of a Smart Heater Control Box, if applicable, the Heater to which it is connected) at any time, wherever located.
32.2. Warnings; Appropriate Signage. Customer shall ensure that each Authorized Operator: (1) takes all requisite training; and (2) operates the Wedge System in accordance with all such Wedge System Documentation, training and warnings. Customer shall also be responsible for and agrees to post United-provided warning signs for as long as any of the Wedge System components are at the Site. Customer shall not operate the Wedge System without ensuring that appropriate warning signs are posted.
32.3. Temperature Measurement Tool. As additional functionality within the Wedge System (and as described in the Wedge System Documentation), United provides a temperature measuring tool, which may assist in estimating the temperature of poured concrete, installed roofing or other objects at a Site (the “Temperature Measuring Tool”). Customer acknowledges and agrees that (a) estimations of temperature provided by the Temperature Measuring Tool are for informational purposes only and may not be accurate or complete; (b) the Temperature Measuring Tool is not calibrated to meet any compliance requirement, including but not limited to ISO 9001; (c) Customer’s installation of the TCA and wireless sensors (and the type and length of cable selected by Customer) may contribute to inaccuracy of the Temperature Measuring Tool; (d) the Temperature Measuring Tool is an estimating technique and not a substitute for any destructive testing (i.e. break tests) that may be required by the American Society for Testing and Materials (“ASTM”) or any applicable law or regulatory requirement; and (e) Customer will independently verify the strength of any concrete measured with the Temperature Measuring Tool, monitor such concrete’s ongoing strength independently, and comply with the ASTM standards and applicable law and regulatory requirements at all times. The Temperature Measuring Tool is not a substitute for compliance with the ASTM or any other standard and may not be used to meet or satisfy any industry, legal or other regulatory requirement.
32.4. Software Access Right; Raw Data. Subject to this Agreement, United grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access the Software through a web portal via Customer’s computers or Customer’s employees’ personal computers for use and testing in combination with the Wedge System located at the Site during the term of this Agreement. Customer acknowledges that United will obtain incidental information about the Site and the functionality of the Wedge System at the Site in connection with Customer’s use of the Wedge System (“Raw Data”). United shall retain ownership of all Raw Data and all data, concepts, products, services, software, intellectual property and other rights arising from or related to United’s or its affiliates’ use, analysis, research and development of Raw Data. United may use Raw Data to develop, enhance, modify and improve technologies, tools, methodologies, services and offerings, and/or for development or performance of data analysis or other insight generation.
32.5. System Control; Customer Obligations. During the term of this Agreement, except as otherwise expressly provided in this Agreement, Customer has and will retain sole control over the operation and management of, and all access to and use of, the Wedge System, and sole responsibility for all access to and use of the Wedge System by any person by or through the Customer’s systems (if applicable) or any other means controlled by Customer. Customer shall at all times during the term of this Agreement: (i) set up, maintain, and operate in good repair the Customer systems on or through which the Wedge System is accessed; (ii) provide United all cooperation and assistance including its personnel with such access to Customer’s premises and Customer systems as is reasonably necessary for United to perform its obligations; (iii) perform active monitoring of the Wedge System with no less care and diligence than a reasonably prudent operator of commercial heaters or other equipment would perform with respect to heaters or other equipment without remote operations; (iv) ensure that all information placed into the Software is accurate and complete, and assume any risk of liability or inaccuracy due to inaccurate information; (v) notify United immediately if it learns of any unauthorized use or breach of security of the Wedge System; and (vi) not permit any other person to access or use the Wedge System except as expressly permitted by this Agreement.
32.6. Restrictions. Customer shall be solely responsible for the use of the Wedge System and ensuring that any Authorized Operators of the Wedge System comply at all times with the Wedge System Documentation. Customer shall not (i) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Smart Heater Control Boxes or Software or any other component of the Wedge System to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service; (ii) bypass or breach any security device or protection used by or with the Smart Heater Control Boxes or the Software or any other component of the Wedge System; (iii) input, upload, transmit, or otherwise provide to or through the Software any information or materials that are inaccurate, unlawful or injurious, or contain, transmit, or activate any harmful code; (iv) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Software or any other component of the Wedge System; (v) access or use the Wedge System for purposes of competitive analysis of the Wedge System, the development, provision, or use of a competing software service or product or any other purpose that is to United’s detriment or commercial disadvantage; or (vi) otherwise access or use the Wedge System beyond the scope of this Agreement.
32.7. Suspension of the Software. Notwithstanding anything to the contrary in this Agreement, United may suspend Customer’s access to the Software if United reasonably determines that: (i) there is a threat or attack on the Software, the Wedge System or any infrastructure related to the Software; (ii) Customer’s or any Authorized Operator’s use of the Software disrupts or poses a security risk to the Software, the Wedge System, any intellectual property or infrastructure related to the Software, or to United or its other customers or vendors; (iii) Customer, or any Authorized Operator, is using the Software for fraudulent or illegal activities; (iv) United’s provision of the Software to Customer or any Authorized Operators is prohibited by applicable law; or (v) Customer otherwise breaches this Agreement. United will use commercially reasonable efforts to provide written notice of any such suspension to Customer and to provide updates regarding resumption of access to the Software following any suspension. United will have no liability for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized Operator may incur as a result of any suspension.
32.8. Intellectual Property. As between the parties, United retains all right, title, and interest, including any intellectual property rights, in and to the Wedge System and any enhancements and improvements to, and any derivative works thereof. Except as provided in this Agreement, Customer does not acquire any rights, express or implied, in or to the Wedge System. If Customer or any of its employees or contractors sends or transmits any communications or materials to United suggesting or recommending changes to the Wedge System, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (collectively, “Feedback”), United shall own and is free to use such Feedback, including all moral rights in and to the Feedback which Customer hereby assigns to United without further act or formality or any additional consideration, irrespective of any other obligation or limitation between the parties governing such Feedback.
33. STORAGE AND OFFICE SOLUTIONS SERVICES
“Storage and Office Solutions Services” may include the delivery, installation and removal of storage containers, ground level offices, office trailers, modular buildings, tent and fabric building structures and parts and accessories thereto. Unless otherwise agreed to by the parties in writing, Customer shall (i) provide unobstructed ingress and egress to the area where the Equipment will be located and provide a level, accessible, secure and safe area that will bear the weight of the Equipment where United will perform the Storage and Office Solutions Services; (ii) not move or allow others to move the Equipment without United’s prior written consent; (iii) not affix or anchor the Equipment to the ground or any structure unless specifically authorized by United; (iv) use and maintain the Equipment in good repair and working order (in accordance with applicable federal, state and local laws, rules, regulations and ordinances, including, without limitation, OSHA, as well as the manufacturer’s safety rules and instructions); (v) furnish any parts, mechanisms and devices required to keep the Equipment in good mechanical working order, including but not limited to plumbing (including winterization), HVAC and electrical systems (including replacement of air filters and lightbulbs); (vi) pay for and provide United with the location of all utility connections and hookups; (vii) keep all persons (other than United employees) off and away from the Equipment during its delivery, installation and removal; (viii) be responsible for obtaining all required permits necessary for the Storage and Office Solutions Services; (ix) not store any hazardous materials in the Equipment; (x) remove all locks from the Equipment at the end of the rental term; (xi) ensure that the Equipment is clean and empty at the time of removal; and (xii) reimburse United for all missing Equipment and for the costs of repair as stated in Section 11 of these Rental and Service Terms. With respect to any personal property in or on the Equipment, United is not a bailee or warehouseman of Customer’s, or any other person’s, personal property. United expressly disclaims any custody, control, or responsibility for the care of Customer’s, or any other person’s, personal property. Customer must take any steps necessary for safeguarding personal property. Under no circumstances are United or its agents responsible for any personal property that may be lost, stolen, or damaged. United may, but is not required to, lock or otherwise secure the Equipment, and Customer’s access to the Equipment may be limited or conditioned in any manner deemed reasonably necessary by United.
34. AUTONOMOUS EQUIPMENT
When Customer rents autonomous or self-guided (by software or otherwise) equipment (“Autonomous Equipment”) pursuant to this Agreement, Customer’s use of such Autonomous Equipment is subject to the Autonomous Equipment manufacturer’s terms and privacy policy. Autonomous Equipment and its associated software collect, use, and disclose information, including personal information and other information regarding the use and operation of the equipment (collectively, “Autonomous Equipment Data”), and such disclosure may be made to the manufacturer of the autonomous equipment or other parties, including United. As between the parties, United retains all right, title, and interest, including any intellectual property rights, in and to all Autonomous Equipment Data, and any enhancements and improvements to, and any derivative works thereof. Except as provided in this Agreement, Customer does not acquire any rights, express or implied, in or to Autonomous Equipment Data.
35. TEMPORARY STRUCTURES
A “Temporary Structure” includes tents, clear span tents, frame tents, pole tents and tension structure tents or any other industrial tent or temporary shelter, including all accessories provided therewith and shall be deemed Equipment under this Agreement.
35.1. Delivery. Standard transportation charges include delivery/removal within seventy-five (75) feet of United’s truck, if delivery is outdoors, or the dock or front door on the ground floor, if indoors. Additional charges may apply for any deviations from this standard. Heavy equipment may be required for installation and/or removal of a Temporary Structure. United will not be responsible for any damage to the Site, the ground, or to any underground utility or sprinkler lines that may occur during this process.
35.2. Site Requirements. Prior to installation, Customer shall clearly mark and identify all underground utilities at the Site at which the Temporary Structure will be installed and notify United of the same. Customer agrees the Site shall (i) be free and clear of all obstructions of any kind affecting the erection and/or removal of the Temporary Structure; (ii) be of adequate size, with a minimum of ten (10) feet of space around the perimeter of the Temporary Structure for staking, pulling tops, and erecting the frame; and (iii) have adequate ground texture to securely hold stakes for guying.
35.3. Removal. Once installed, the Temporary Structure may only be moved by United, for an additional charge. Unless the parties agree otherwise, Customer must provide at least thirty (30) days’ advance written notice to schedule removal of the Temporary Structure, which will remain “on rent” until removed from the Site by United.
35.4. Customer Responsibilities. In connection with each Temporary Structure, the parties agree that Customer will be solely responsible for (i) procuring all permits; (ii) ground compaction for staking; (iii) all damages and costs associated with the staking in soft or otherwise unsuitable grounds; (iv) maintaining adequate safety precautions to prevent the public, any invitee, Customer employees, contractors, or other individuals from injuring themselves, particularly with respect to guy lines, poles, and stakes, which may lie outside the inner space of the Temporary Structure; and (v) the condition of asphalt after the stakes are removed. Customer also agrees (a) that the Temporary Structure shall be for its sole use and benefit at the Site; (b) without the written consent of United, not to hang or attach any items, signage, stickers or decoration to the Temporary Structure; and (c) not to remove or disassemble, or permit a third party to disassemble or remove, the Temporary Structure.
35.5. Weather Related Conditions.
35.5.1. Unless otherwise stated in the Reservation Details, the Temporary Structure is not designed or constructed to withstand the weight and/or pressure of snow accumulation (a “Snow-Loaded Structure”) or extreme weather. Accordingly, Customer agrees to (i) keep all snow, ice and debris from the top of the Temporary Structure; and (ii) evacuate the Temporary Structure when winds exceed thirty-five (35) miles per hour (or such greater wind speed as may be specified in writing by the engineer of record for the project), or when other unsafe conditions arise. Upon request, United will provide a non-site-specific copy of the engineering report illustrating a particular Temporary Structure’s design load. The parties agree that United shall have no liability for any events, damage or injury (weather related or otherwise) that cause the Temporary Structure to exceed its design limits.
35.5.2. To the extent Customer rents a Snow-Loaded Structure with an inflatable roof and pump system, Customer agrees it is solely responsible for providing power to, and performing daily inspections of, the roof pumps upon which the engineering performance of such structure relies, and promptly notifying United of any issues (e.g. power off, error codes, low pressure, etc.) (it being understood that United is not responsible for any damage in the event Customer fails to perform inspections or promptly notify United of any pump issues).
35.6. Disclaimers. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, THE TEMPORARY STRUCTURES ARE PROVIDED “AS IS.” NO OTHER WARRANTIES (WHETHER EXPRESS OR IMPLIED) APPLY. CUSTOMER ASSUMES ALL RISK FOR INJURY AND PROPERTY DAMAGE RELATING TO THE USE OF THE TEMPORARY STRUCTURE AND ACKNOWLEDGES THAT UNITED IS NOT RESPONSIBLE IN THE EVENT ANY ACT CAUSES THE STRUCTURE TO EXCEED ITS DESIGN LIMITS (SUCH AS, BUT NOT LIMITED TO, EXCESSIVE SNOW OR THE EFFECTS OF A TORNADO OR HURRICANE) OR FALL. IF THE TEMPORARY STRUCTURE IS DAMAGED OR RENDERED UNUSABLE FOR ANY REASON (INCLUDING ADVERSE WEATHER), CUSTOMER REMAINS RESPONSIBLE FOR THE CHARGES UNDER THE AGREEMENT. UNITED MAY, AT ITS SOLE DISCRETION, BASED ON TIME AND AVAILABILITY, INSTALL A REPLACEMENT STRUCTURE FOR AN ADDITIONAL CHARGE.
35.7. Cancellation. If Customer cancels its order for the Temporary Structure less than fourteen (14) days prior to the scheduled delivery date, Customer shall be responsible for all costs.
36. MATS
When Customer rents mats (including any tracking technology included thereon) (“Mats”), which shall be deemed Equipment under this Agreement, the following additional terms apply.
36.1. Rental Period. The Rental Period for the Mats will commence on the day the Mats are either (i) shipped to Customer at the staging area mutually agreed upon between the parties (the “Staging Area”); or (ii) picked up by Customer from a Store Location, and will conclude, as applicable, on the date the Mats are (a) returned to the Staging Area, (b) removed by United from another location mutually agreed upon between the parties, or (c) delivered to a Store Location, if Customer is handling transportation. As Mats may be delivered across multiple days, the Rental Period for some Mats may begin and end earlier than others.
36.2. Delivery. Mats will be delivered using a common carrier based upon the agreed number of loads per day. If more loads per day are required, additional charges may apply. Unless United is providing installation services, Customer agrees (i) to have sufficient people and machinery to promptly unload the Mats; and (ii) that it will be responsible for installing the Mats, and subsequently removing the Mats from, the Site set forth in the Reservation Details.
36.3. Use; Location and Storage. In connection with the use of the Mats, Customer acknowledges and agrees that (i) the ground upon which the Mats will be used (including when any additional structures are placed on the Mats) will be suitable for the Mats and those additional structures; (ii) it is responsible for the maintenance and condition of the Mats while in its possession; and (iii) will only use the Mats in connection with the project identified in the Reservation Details. Customer also agrees that the Mats will only reside at the Staging Yard or the Site, and be segregated from, and not mixed with, non-United mats (it being understood that any mat mixed with the Mats will be presumed to be part of the Mats). Customer further agrees to keep up-to-date records of the location of the Mats, and upon request, provide copies to United. SUBJECT TO COMPLYING WITH ANY APPLICABLE SAFETY OR SECURITY REQUIREMENTS, CUSTOMER AGREES THAT UNITED HAS THE RIGHT TO ENTER ANY PLACE WHERE THE MATS ARE USED, KEPT OR STORED TO INSPECT AND COUNT THE SAME.
36.4. Mat Services. Unless otherwise set forth in the Reservation Details, Customer agrees to the following in connection with any Services provided with the Mats:
36.4.1. Customer or its contractors will provide United with the Site information and documentation United requests to assess, plan, and perform the Services. If such information is not available, Customer agrees that United may rely upon information gathered from Google Earth (or a similar application) to perform the Services. Customer acknowledges and agrees that it is impossible for United to ensure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information. Accordingly, United will not be liable for any losses or damages that result from such inaccurate or incomplete information.
36.4.2. Customer further agrees to: (i) ensure that access points to and from public roads, off-right of way (“Off-ROW”) roads and/or the right of way to the Site (the “ROW”), as applicable, be free and clear of all obstructions or adverse conditions that may affect the provision of Services or the physical safety of United’s employees; (ii) procure all necessary permits and approvals (including any approvals necessary for any Off-ROW private road access to the ROW); (iii) conduct any pre-construction surveys, including those related to the Site, Off-ROW routes or the ROW; (iv) ensure that the ground conditions necessary for the performance of the Services and the intended use of the Mats are satisfactory; (v) manage its other third-party contractors such that their services (including timetables or delays) do not interfere with, or impede, United’s provision of the Services (including, but not limited to, delaying any agreed-upon Service dates); and (vi) be responsible for the condition of the Site after the Mats are removed (it being understood that unless the Reservation Details states otherwise, United will have no obligation to restore the ground to its previous condition).
36.5. Mats Return; Replacement Fee.
36.5.1. Customer agrees to notify United no less than ten (10) days in advance of when it intends to begin returning the Mats. Unless the Reservation Details states otherwise, at the end of the Rental Period, Customer will return the Mats to the Staging Yard. Mats not returned to the Staging Yard, not available for pick-up at the agreed-upon location if United is providing removal services, not returned to the Store Location (if Customer is handling transportation), or whose rental is extended beyond the Rental Period will be subject to the daily rate set forth in the Reservation Details. Prior to, and after the return date, and anytime Customer is in default, United will be entitled to use, without cost, the Staging Yard to store, count, inspect and load the Mats for reshipment. As Rental Periods may vary, United will regard any Mats returned as having been returned in the order in which they were delivered. To the extent United installs equipment for use at the Staging Yard or the Site for clean-up (i.e., dumpsters), Customer shall not use such equipment.
36.5.2. A replacement fee (a “Replacement Fee”, which fee is set forth in the Reservation Details) will be assessed for any Mat (A) not returned at the end of the Rental Period; or (B) returned in a condition so damaged that it is not suitable for further use (each a “Cull Mat”); provided, however, if all amounts were paid when due during the entire Rental Period and Customer is not otherwise in default under this Agreement, United will forgive the Replacement Fee for Cull Mats up to the attrition number set forth in the Reservation Details. The payment of a Replacement Fee as to any piece of Mats (including a Cull Mat) will not be interpreted as allowing Customer the right to keep or resell any Mats.
37. ALARM MONITORING SOLUTIONS
37.1. Definitions.
“Alarm Monitoring System” means an integrated security system consisting of hardware, software, monitoring services and live view capabilities designed to enable real-time surveillance, motion detection, alarm notification, event recording and remote access to visual feeds and system status for the purpose of monitoring Customer job sites, equipment yards, facilities or other designated locations. Alarm Monitoring Systems are deemed to be Equipment under this Agreement.
“Alarm Monitoring Services” means any professional, monitoring, deployment, installation, configuration, activation and other services offered or provided by United Rentals or its subcontractors and purchased by Customer that are related to the Alarm Monitoring System. Alarm Monitoring Services are deemed to be Services under this Agreement.
“Event” means an occasion when United receives data from the Customer’s device or a third party that requires or triggers Alarm Monitoring Services.
“Monitoring Hours” means the specified times in which Alarm Monitoring Services are required.
“Site Contact” means an individual authorized by the Customer to receive notifications, alerts, and communications from Alarm Monitoring Services on behalf of Customer, including but not limited to calls regarding alarm activations, system malfunctions, and other Events. The Customer shall provide United with current contact information for each Site Contact and shall promptly notify United of any changes to this contact information or designation.
37.2. Alarm Monitoring Services; Notifications. Alarm Monitoring Services may enable Customer to communicate with and have certain devices monitored by United at certain mutually agreed times, including during an Event. It is Customer’s sole responsibility to notify United if it (or anyone else) will be on Site during Monitoring Hours and provide the duration of this interruption so that Alarm Monitoring Services may be suspended during the specified hours. Alarm Monitoring Services may require that United communicate with the Customer or its Site Contact(s), which may take different forms, including a live operator telephone call, a pre-recorded telephone message using an autodialer, or an SMS or other form of text message or some other form of electronic communications. United will communicate with the Customer at the telephone number provided. Customer will (i) inform Site Contact(s) that United will communicate with them at such numbers; and (ii) obtain permission from the Site Contact(s) that United may communicate with them at these telephone numbers. Customer hereby expressly consents to United and/or its third-party service providers sending notifications in connection with Alarm Monitoring Services. Alarm Monitoring Services may not be available in all jurisdictions in the United States. If an Event is triggered from a jurisdiction where Alarm Monitoring Services are unavailable, United shall have no obligation to provide the Alarm Monitoring Services and shall have no liability for any failure to provide the Alarm Monitoring Services and/or respond to an Event. The Alarm Monitoring System will not be able to communicate with United or a third-party service provider if Customer’s network is inoperable, has been disconnected, interrupted, or interfered with, or is otherwise damaged or incompatible.
37.3. False Alarms. United and/or its third-party service provider(s) may attempt to contact Customer to confirm whether an Event constitutes a false alarm or similar Event. If United is unable to contact Customer, or if United questions the response it receives upon such contact, then United may attempt to notify the police or other legal authorities. Customer will prevent false alarms and will defend, indemnify and hold harmless United from and against any losses and claims arising from or related to any false alarms. Customer must pay (or reimburse United) any fines, fees, costs, expenses, and penalties relating to the Alarm Monitoring System or Services assessed against Customer, United, or any third-party service providers by any person or entity, including any court or governmental agency or any person or entity acting on behalf of such court or agency.
37.4. Battery-Powered Devices; Wireless Devices. All battery-powered device(s), including but not limited to, motion detectors, door and window contact transmitters and other detection sensors installed as part of the Alarm Monitoring Services are not connected to the electrical system of the premises and require batteries to operate. These battery-powered detection sensors will not operate, and the alarm will not sound, if the batteries are low or dead. Customer shall not perform any battery related service, maintenance, or replacement. Customer is responsible for requesting battery related service, maintenance, and/or replacement from United. Battery-powered and/or wireless devices will not communicate with the alarm system, and the alarm system will not function if wireless communication for the devices is impaired. These wireless devices may or may not use encryption and/or authentication technology and are vulnerable to intentional or unintentional interruption, interception, corruption and tampering. Customer is solely responsible for inspecting and cleaning all equipment and device-related sensors and performing all maintenance (except with respect to battery replacement or service) required by all applicable owner’s manuals, instructions, and warnings issued by United or any product manufacturer.
37.5. First Responder Dispatch. United’s ability to provide any Alarm Monitoring Services will be subject to federal, state and local rules, ordinances and practices, which may impact Customer’s ability to receive adequate or complete services, including emergency services dispatch. Customer is solely responsible for all information it provides to United, including any site location information, which must be accurate and complete at all times.
37.6. Monitoring Services and Data Access. In addition to Customer’s obligations under Section 6 of the Agreement, Customer shall be responsible for implementing appropriate network security measures for Customer’s systems used in connection with the Alarm Monitoring Services. Live monitoring, Event notification and other cloud-based data storage services are dependent on third-party service providers, telecommunications networks and internet connectivity, which may be subject to interruption, degradation, or failure. Recorded video, images or event data may be stored on third-party servers or cloud platforms and are subject to retention limits, storage fees or automatic deletion after specified periods. Customer is solely responsible for backing up, downloading, preserving or archiving any data it wishes to retain beyond any applicable retention period established by such third parties. Customer will not have access to any of the data beyond the specified retention period(s) and/or the rental term. Alarm Monitoring Systems are not a substitute for onsite personnel, professional security services or law enforcement response and Customer uses Alarm Monitoring Services at its own risk.
37.7. Data Collection, Privacy and Surveillance Notices. CUSTOMER SHALL PROVIDE ALL REQUIRED NOTICES AND OBTAIN ALL REQUIRED CONSENTS AS MAY BE REQUIRED UNDER APPLICABLE LAW OR CONTRACT FROM INDIVIDUALS WHO MAY BE SUBJECT TO SURVEILLANCE OR RECORDING BY THE ALARM MONITORING SYSTEMS SUFFICIENT TO PERMIT CUSTOMER TO COLLECT, USE, STORE AND TRANSMIT VIDEO, IMAGES, AUDIO (IF APPLICABLE) AND OTHER DATA UNDER THIS AGREEMENT. Customer shall not use any recorded video or audio for any unlawful purpose. Customer shall post appropriate signage or provide other legally compliant notice at all locations where Alarm Monitoring Systems are deployed.
37.8. Equipment Return and Data Deletion. Upon termination or expiration of the Rental Term, Customer must download or preserve all Customer data as needed prior to return of the Equipment in accordance with the Agreement. United shall have no obligation to preserve, return or provide access to any such data after the termination or expiration of the Rental Term.
38. DIGITAL CONNECTIVITY SERVICES
38.1. Definitions.
“Bundled Offering” means Digital Connectivity Services provided solely as an incidental and ancillary service offering in connection with Hardware rented by Customer from United, where internet connectivity is supplied exclusively by a third-party ISP.
“Digital Connectivity Services” means a United service offering incidental and ancillary to the rental of Hardware (including, without limitation, portable/integrated mobile storage units) or as a standalone pass-through offering that may include wireless high-speed internet access (“Wi‑Fi”) and related connectivity services, together with associated Hardware, devices, and ancillary materials that United may supply, and any setup, configuration, or enablement services performed for Customer’s use of Wi‑Fi access, in each case provided exclusively via a third-party ISP and not by United.
“Facilitated Offering” means a Digital Connectivity Services pass-through, referral, or other arrangement under which United facilitates a commercial arrangement between Customer and a third-party ISP for Customer-owned or ISP-owned Hardware.
“Hardware” means any routers, antennas, modems, access points, bridges, cables, gateways, cabling, power supplies, mounts, or other tangible equipment provided, leased, or made available by United or an ISP in connection with the Digital Connectivity Services. Hardware shall be deemed to be “Equipment” or the equivalent definition in the Rental Agreement.
“ISP” means a third-party internet service provider engaged to install, activate, deliver, maintain, or support internet connectivity for the Digital Connectivity Services, which includes, without limitation, any managed service provider (“MSP”).
“Site” means Customer’s premises, facility, jobsite, or other designated location(s) where the Digital Connectivity Services are installed or used.
38.2. Nature of the Services. Digital Connectivity Services may be provided as a Bundled Offering, or in a Facilitated Offering. United is not an agent, partner, or joint venturer of any ISP. Depending on the offering model, United or the ISP may perform installation, activation, and configuration of the Hardware at the Site.
38.2.1. Bundled Offering. For Bundled Offerings, United partners with third-party ISPs to provide the Digital Connectivity Services, which are delivered as a turnkey solution with all necessary Hardware. United may provide first-level technical troubleshooting and administrative support, but does not operate, manage, or control the underlying network or transmission of data. Customer expressly authorizes and consents to the engagement and use of an ISP selected by United to: (i) perform any necessary Site assessments; (ii) install, activate, and configure the Digital Connectivity Services and Hardware; (iii) provide, deliver, and maintain the underlying internet service; and (iv) provide troubleshooting, network support, and related service, whether remotely or on-Site. Customer agrees that the ISP may contact Customer directly regarding installation, service delivery, maintenance, and support and may be provided Customer’s contact information and Site details for these purposes. United’s support activities, if any, are limited to first-level troubleshooting, administrative assistance, basic issue intake, and escalation to the ISP, and do not include network management, traffic inspection, routing control, bandwidth allocation, or content monitoring.
38.2.2. Facilitated Offering. For Facilitated Offerings, United will connect Customer with third-party ISPs to assist Customer in procuring Digital Connectivity Services where Customer owns Hardware or requires that an ISP provide such Hardware in connection with Digital Connectivity Services. Under this model, United acts solely as a commercial facilitator or payment intermediary, and United will enter into an agreement with an ISP to provide the Digital Connectivity Services to Customer. United does not own, rent, install, operate, access, maintain, or support the Digital Connectivity Services or any related Hardware and has no ability to access or control Customer data or network traffic. United does not provide support for Facilitated Offerings.
38.2.3. Limitations. United: (i) is not an internet service provider, carrier, common carrier, telecommunications service provider, or telecommunications provider; (ii) does not sell, resell, lease, or provide internet access, transport, data transmission services, or backbone services; and (iii) does not operate, manage, or control internet connectivity or any communications network as a carrier. All internet access, performance, availability, routing, throughput, and support of connectivity are provided exclusively by the ISP and are subject to the ISP’s terms, policies, and acceptable use requirements, which are available upon request and with which Customer will strictly comply. Customer does not rely on United for network performance, security, regulatory compliance, or availability of internet services and the ISP is solely responsible for internet connectivity, routing, performance, troubleshooting, remediation of outages, security of the ISP’s network, content filtering (if any), and any obligations customarily assumed by an ISP.
38.2.4. No Service Level Guarantees. All availability, speed, throughput, latency, quality, and performance characteristics of the Digital Connectivity Services are provided by the ISP, may vary by location, network congestion, radio interference, weather, obstructions, or other factors, and are not guaranteed by United. No service level agreement, uptime commitment, remedy, or credit is provided by United. Customer’s sole recourse for service availability or performance issues is through the ISP’s processes, if any.
38.2.5. Hardware. Customer must not relocate, reconfigure, or modify the Hardware or network parameters without United’s (or the ISP’s, as applicable) prior written consent. Decommissioning of any Hardware by Customer must be coordinated with United. Rented or ISP-provided Hardware must be returned in good condition, normal wear and tear excepted.
38.3. Customer Responsibilities. In addition to Customer’s obligations under Section 6, Customer will: (a) cause sufficient electrical power, grounding, and environmental conditions to be available; (b) secure and protect Hardware from loss, theft, and damage; (c) maintain the security of Customer’s own devices, systems, and applications; (d) comply with the ISP’s terms, policies, acceptable use requirements and all posted or communicated network or service rules; and (e) promptly notify United and the ISP of any detected service issue. Customer is solely responsible for: (i) the content of communications transmitted over the Digital Connectivity Services; (ii) traffic originating from Customer’s networks or devices; and (iii) any configuration changes Customer makes to the network or Hardware after initial setup.
38.4. Prohibited Uses. Customer will not, and will not permit others to, use the Digital Connectivity Services for: (a) infringing intellectual property, privacy, or publicity rights or posting unlawful or harmful content; (b) introducing malware or harmful code or sending spam or other unsolicited solicitations; (c) bypassing, probing, testing, or otherwise interfering with security or access controls without United’s written authorization; (d) engaging in phishing, pyramid schemes, deceptive practices or launching denial-of-service or similar attacks; (e) interfering with the Digital Connectivity Services or related networks, imposing unreasonable load, or restricting others’ use; (f) collecting user data without lawful authority and consent or compromising account security, including sharing credentials; or (g) engaging in unlawful activity or acting in any manner not authorized by the Agreement.
38.5. Security; Data. United does not monitor Customer traffic or content and is not responsible for securing Customer devices, applications, or data. Customer is solely responsible for implementing and maintaining appropriate administrative, physical, and technical safeguards (including encryption, authentication, segmentation, and endpoint protection) commensurate with the sensitivity of Customer’s data and operations. United and/or the ISP may collect technical telemetry, device identifiers, traffic volumes, diagnostic data, and other operational information for provisioning, support, maintenance, security, analytics, and service improvement. United’s handling of personal information, if any, is subject to United’s applicable Privacy Notice (“Privacy Notice”). Customer remains responsible for any and all notices and consents required for Customer’s end users.
38.6. Limitation of Liability. United’s total aggregate liability arising from or related to the Digital Connectivity Services will not exceed the total amount paid by Customer to United for the Digital Connectivity Services in the twelve (12) months immediately preceding the event giving rise to a claim.
39. ENTIRE AGREEMENT / ONLY AGREEMENT
These terms and conditions and the front of the Agreement, and any Addendum attached thereto, represent the entire agreement between Customer and United with respect to the Equipment and the Services. There are no oral or other representations or agreements not included herein. None of United’s rights or Customer’s rights may be changed and no extension of the terms of this Agreement may be made except in writing, signed by both United and Customer. Any use of Customer’s purchase order number on this Agreement is for Customer’s convenience only.
40. ORDER OF PRECEDENCE
These terms and conditions and the Agreement shall control over any terms and conditions contained in Customer’s purchase order or similar documents and such other terms are hereby rejected by United. In the event that United signs Customer’s purchase order or similar document, such signature shall be solely for the purpose of acknowledging the order; it being the express intent of the parties that the Agreement and these terms and conditions shall govern all rental and service transactions.
41. CLASS ACTION WAIVER
Customer agrees that any claims or proceedings brought by Customer relating to this Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person’s claims or proceedings may not be consolidated with any other claims or proceedings. Customer will not sue United as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against United. Nothing in this paragraph, however, limits Customer’s right to bring a lawsuit as an individual plaintiff.
42. JURY WAIVER
The federal and state courts in the county in which the Store Location is located shall have exclusive jurisdiction over all matters relating to this Agreement. TRIAL BY JURY IS WAIVED. In order to effect service of process on United, please contact the Secretary of State Corporations Division or the equivalent office in your state to obtain the name of the registered agent and the registered office address that is on file with the Secretary of State for United. United shall be entitled to decrees of specific performance (without posting bond or other security) in addition to such other remedies as may be available.
43. OTHER PROVISIONS
43.1. Any failure of United to insist upon strict performance by Customer of any terms and conditions of this Agreement shall not be construed as a waiver of United’s right to demand strict compliance. Customer has carefully reviewed this Agreement and waives any principle of law which would construe any provision hereof against United as the drafter of this Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.
43.2. Customer agrees to pay all reasonable costs of collection, court costs, attorneys’ fees and other expenses incurred by United in the collection of any charges due under this Agreement or in connection with the enforcement of its terms.
43.3. Customer shall pay the rental and service charges without any offsets, deductions or claims.
43.4. Customer consents to the collection, use and disclosure of their personal identification and financial information as described herein and in United’s Privacy Policy located at https://www.unitedrentals.com/legal/privacy-policy. Customer’s personal identification and financial information is provided voluntarily and not as part of a credit card transaction. Personal identification information includes, for example, Customer’s name, billing address, ZIP code, telephone number, date of birth, driver’s license number and email address. Financial information includes, for example, information related to any balances or invoices related to the Agreement. Customer’s personal identification information can be used for purposes of this transaction, any subsequent transactions with United and for United to evaluate and improve its products and services and/or develop new products or services. Customer’s personal identification information and/or financial information may be disclosed to contractors, service providers and other third parties that support United’s business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
43.5. United shall have the right to immediately repossess the Equipment, without any liability to Customer, in the event of (i) permanent closure of the Store Location; (ii) declaration of any emergency, disaster or similar situation by any federal, state or local government; or (iii) as otherwise set forth in this Agreement.
43.6. If any provision of this Agreement is invalid, illegal or incapable of being enforced under applicable law, that provision will be severed from this Agreement and all other provisions of this Agreement shall nevertheless remain in full force and effect. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties shall modify this Agreement so as to affect the original intent of the parties as closely as possible to the end that the transactions contemplated hereby are fulfilled to the fullest extent possible.
44. CRIMINAL WARNING
The use of false identification to obtain Equipment or the failure to return the Equipment by the end of the Rental Period may be considered a theft subject to criminal prosecution pursuant to applicable criminal or penal code provisions.
45. GPS TRACKING
Customer and United each consent to the collection and monitoring of electronic information, including Global Positioning System (“GPS”) data, generated by or in connection with Customer’s use of or the location of the Equipment (including through or utilizing Telematics Devices). Customer agrees that United owns the data described in this paragraph and may use such data, including GPS data, in accordance with United’s Privacy Policy located at https://www.unitedrentals.com/legal/privacy-policy. Customer shall obtain all required consents as may be required under any applicable laws from its employees, contractors or other Qualified Operators to permit United’s collection and use of data under this Section.
46. FORCE MAJEURE
United shall not be liable to Customer for failure to comply with the terms of the Rental and Service Agreement or performance of its obligations hereunder to the extent such failure has been caused by Force Majeure, provided that United shall give notice to Customer as soon as commercially possible and shall exercise reasonable efforts to resume performance. For the purposes of the Rental and Service Agreement, “Force Majeure” shall mean fire, war, insurrection, act of terrorism, riots, flood, hurricane, typhoon, earthquake, tornado, mudslide, tsunami, and any other natural disaster, pandemic or other causes beyond the reasonable control and not due to the fault of the non-performing party.
47. CHANGES TO THE RENTAL AND SERVICE TERMS
United reserves the right to modify or make changes to these Rental and Service Terms at any time. Any such modification will be reflected in these terms as of the “Last update” date below and will be effective immediately upon public posting on United’s website. Customer’s continued use of the Equipment following any such modification constitutes the Customer’s acceptance of these modified Rental and Service Terms. Except for changes described here, no other amendment or modification of these Rental and Service Terms will be effective unless in writing and signed by the parties.
