HomeMy WebLinkAbout204005 11/21/2011 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL
CHECK AMOUNT: $41.80
CARMEL, INDIANA 46032 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 204005
CHECK DATE: 11/21/2011
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 212456 41.80 OTHER EXPENSES
In consideration of the payment of additional rent class'Ified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R ��O have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
AVA Property rented a sum equal to 5% of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUI9MCNT IzENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel IN 46032 Policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, 'If a total loss, will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
6"CL 1°I51rii INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
317 5 8888 The parties agree that In the event the Rentee violates any of the terms and conditions of this agreement the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half (1 1)2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eghteen (18) percent.
,FAX: 317.566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
L damage resulting directly or indirectly from the leased equipment The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don t be a toot Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www, runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO
J4Bt�IOCAT.ION TICKET
CARMEL WASTE WATER 9855
760 3RD AVENUE SW Con# 212456
SUITE 110
INDIANAPOLIS IN 46032 Loc 100
PHONE DATE' TIME
H (317) 571 -2634 OUT 11/07/11 11:39 AM BN
F (317) 571 -2636
ID #3 PO /JOB RECEIVED °BY
COOPER, JEFF 11/07/11 11:41 AM 3N
*FINAL Page: 1
QTY .ITEM#
EXT AMT NET ;AMT
NIIN HOURLY OVNITE HQUR DAY a ,WEEK 4 ;WEEK
2 101 PROPANE 30 POUND REFILL X 20.90 41.80 41.80
v
NOV 077 By�
IFTHE EQUIPMENT IS NOT RETURNED BY" DUE IN' DATE,YOU V IIL BE SUBJECTTO A CHARGE OF OONVERSiON (THEFT), RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etal in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages 6 repairs that result from alternative.fuel. SALES 41 80
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND _I
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTANDTHAT I AMTHE PERSON RENTINGTHIS PROPERTY, AND OTHER 0 00
THATRUNYONEQUIPMENTRENTALDOESNOTGIVEMEPERMISSIONTOLENDTHISPROPERTYTOANYOTHERPERSON .I DW /FEES 0.00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SIlai Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALE TAX 0 0 0
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 0 0
PQUIPMENTTHAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, ANDIOR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 41.8 0
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE y TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 41 .8 0 ELL
LEASED BY X 'I NE
AM PHO
07-- NOV -11 11:41:08
RETURNED BY X RENTAL- FEES DO NOT APPLY TO PURCHASES.
WE C KARGE FOR TIME OUT N Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, FUEL AND ELECTRIC CURRENT. will apply. X INP iA
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection, Customer acknowledges that it has had an opport.rnily to persorally Inspect the equipment and finds it suitable for its needs and in good condition, and that Customer underslands ifs proper use. Customer further acknoviiedges its
duty to inspect the equipment prior to use and polity Runyon Equipment Rental Inc (hereinafter "Runyon of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS. EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS,
3, Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries including death and dismemberment caused by the equipment andlor arising out of Runyon's negligence.
Customer shall indemnity and defend Runyon against and hold Runyon harmless from any and all claims. actions, suits, proceedings, costs, expenses, damages and liabilities including altorrey's fees which relate to injury or to cestrudion of
property, or bodily injury, illness, sickness, disease or death of any person (Including employees of Customer), and (2) are caused by. or to be caused, in whole or in part, by the equipment leased hefew or by the liability Or conduct (including
aolure, passive, primary or secondary) of Customer. Its agents or employees, or anyone Ion whose acts any of them may be liable. Customer shall, at its own cosi or expense, defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for alit costs, expenses
and attorney's fees incurred in such defense andlor settiomenl, ;udgmeil or other resolution. In the event that such action is commenced naming Runyon as a party. Runyon may elect to defend said action en its own behalf and Customer agrees
that it shall h2 liable for all costs, expenses and attorney's fees incurred by Runyon in such defense,
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of lime. Rental rates for oquipmew are based on usage during this eight (8) hour shift. If Customer runs the equipment for over B
hours in one day. Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 15 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3-day charge.
5. Future Rentals. Customer acknowledges that the terms of tills Agreement will be deemed to apply to all Equipment CUSlemaf may rent or purchase front Runyon., whether on the date of this Agreement oral any time In the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses, Use of the equipment In the lollowiog circumstances Is prohibited and constitutes a breach of this Agreement. (a) Use for illegal purpose or in an illegal manner. (b) Use when the equipment is in bad repair or is unsafe, (c)
Improper, unintended use or misuse; (d) Use by anyone other ihan Customer or its employees, without Runyon's written perm,lsson, (e) Use at any location outer than the address lumished Runyon without Runyon's wriilen permission.
7. Fuel and Oil Levels, Alf equipment is full of fuel when rented to Customer and must be returned to Runyon gull or additional charges will apply, Also, use of alternatve fuels (Biodiesel, E85, etc in Runyon oquipmont Is prohibited. Customer is
table for all damages and repairs that result from alternative fuel. Runyon checks the ail level in the equipment when it Is rented to Customer. Maintenance of proper oil level in the equipment is solely ine responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other preach of this contract, Dealer may terminate this coritract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liatile for any claims
for damage orirespass aisingout of the removal of the goods.
g.Tires. Customer is totally responsible for all tire repair, It is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spatted.
10. Insurance. Runyon's insurance does not cover equipment while In Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until It has been returned to Rwryon's property and
payment has beer. received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S 'LOCATION OTHER THAN NOrVdAt_ BUSINESS FOURS REMAINS `HE CUSTOMERS
RESPONSIBILi
11, Cleaning Charges. Equipment Is 10 be returned to Pinyon as clean as when it left, A charge of sixty -five dollars (565.00) per hourwlll be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Cusefnor's consent, but will remain bound by all obligations herein, Cusiomer may not Sublease or loan the equipment without
Punyorts written permission. Any purported assignment by Customer is void.
13.Time Of Return. Cb310ma: 5 righl to possession terminates on the expiration of the rental period ("Pule In" date rope) and retention of possession after this time cons9irrites a material breach of this Agreement, Time is of 1he essence in this
Agreerneal. Any extension must be mutually agreed upon 'm writing.
14. Late Return. Tilde to equipment is and shall at all times remain with Runyon. Failure fo idiom ti e equipment by the "Due In" date will subject Gustorer to a charge bf coned slop (heft).
15, Time of Paymen€. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together wifh reasonable attorney's fees. court costs and
nieresi of one and ono half (1 percent par month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement Is to be construed under the laws of the State of
ndianz and that it legal acllan is brought to enforce this agreement, that Hamilton County, Indiana, shall be the Jurisdiction and legal venue for said action„ unless otherwise agreed by Hunyor and Customer at a later time.
17. Waiver. Any faiure by either party to enforce any provision of this Agreament shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18, Damage Waiver. In ca'lsAeratipn of the payment of additional rent classified as "damage walvar' by Customer, Runyon agrees to, and hereby does waive its right, or any right it might have against Customer, arising from normal damage of the
rental properly, normal damage to be determined by Runyon. Customer shall pay upon return of property replied a sum equal to 5% of rental charge,. This "damage waiver• does not include damage or lass of the property as a result of the negligence
of Cusiomer or in the case of abusive damage, theft or other gross nogfigence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punchier Or other causes inherent in the use of the equipment. It is understood the amount paid Is not an Insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure. No damage waiver license. sales or use taxes are included in Runyon's rental rates. They are extra.
19, Damaged, Dirty, or Lost Equipment. Customer agrees Ie pay for any damage to or loss of the goons regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repa vAll be pad for at its currant list price plus be cost of rental up to the time of reporting the loss or frail to Runyon. The cost of rapaus will he horne by Customer, whether performed by Runyon, or, at R.unyon's option, by others, at a
charge of sixty -f ;ve dollars 1 (65.00) per hour plus parts.
20. Severability. he provisions of this Agreement shell be severable so that the jnva!Itlily, unenforceability or waiver of any of the provisions shall not affect the remaining provisions
21. Loading and Unloading Equipment, Cusiomer is responsible for reading and unloading equipment. It Runnyon's employees assist in loading or unloading tiro equipment, Customer agrees to assume the risk of and hold Runyan andior its
employees hair_ ices for any property damage or personal'injurles, including damage and personal injuries attributable traffic negligence of Runyon.
22. Property Damage. Runyon is not responsibie tor any damage whatsoever as a result of on -the -job deliveries or pink -up by Runyon.
23. Fees, Licenses, Permits.Taxes and Fines. Customer shail be solely responsible for payment of any tees, licenses permits, taxes or tines, required by or resuiling from the Customers use or operation of the aquipmert.
24. Charges. Customer shall pay all charges required under this Agreement upon demand, Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer In the event that fewer
days and;cr mites are actually used.
25. Other Liability. C'dSlbmaraSSlime9 all risks from the improper use of the epuipmE'it. Customer is responsible for damages to Customer's property or goods In storage or in transit, or for any property !elf or stored in the equipment, or elsewhere
In the renfing location. Cuslamer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Hunvorn- Its agents anc employees
harmless from and against any and all losses, ffabili €ids, damages, injuries. claims, cats and expenses arsing out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and fodahures imposed by
any governane :nhal entity, and, to the extent net covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, Concealment or unauthorized safe of the equipment by Customer, o its agents or employees_
or for the confiscation of the equipnre€t blvantr governmental authority because of illegal or Improper use. Cratomer shall additionally hold Runyon har mien for all loss, liability and expense in excess of the €imits of Iabllity provided for herein as a
result of Injury, death or property damage arising out nt Customers use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or empooyeo of Runyon for any reason or anti purpose. During
file term of this Agreement, Custome€ assumes full responsibll'ay for the equipment to the public and any regulatory body having jurisdiction,
26. Defivery7Pick Up. Delivery is made to closest point!ruck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra lime Is involved, Our service does not include set up and knock dawn of tacles and chairs.
It his service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are mad: and this service is desired on delivery, our driver must call for authorzation. If fire permits, we will
try to accommodate you after quality the price. On pick up where no prior arrangements have been made and rental Items are not knocked down and assembled in one sheltered area tables and chairs will, be left until the next day when a special
bra;v can be scheduled.Thers will he are add'clonal one day rental, A knock down fee will result if rental items are still up.
27, Waiver of ,turytr iaL Each party waives its right to a jury trial of any claim or cause of action based or'. or arising out of this agreement or the subject matter heraof.This waiver pertains to all disputes ha: may relate to the subject matter hereof,
imduding, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands hat this is a waiver fit important legal rights and (-B) acknowlerI drat
hefsho /t has had a reasonable opportunity to disct€ss this waiver and its effects with legal counsel, Accordingly, each party knowingly, volunfarily irrevocably and unconditionally waives its jury trio! rights.
2 8,Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets. traffic tickets, tolls, court costs, atlomeys'teas and other charges assessed during the Term in cennecllon with the use, parting, st ,age, anti,
or possession of rho Equipment, regardless of the identity of the delver of any veil ole You rent from Us.
29- Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling meohanlsm, Safety chains, all tie dawns, pins and lights In a sate and secure condition while in 'heir possession. Customer agrees not to tow
any trailer rented from LESSORiDEALER a in a careless or negligent manner, (h) at excessive speed or (c) while under the influence of medication, alcohol, or illicit drugs.
30. Headings, The Headings used herein are solely for convenient reference and shall not be used to construe or affect the. interpretation of this Agreement,
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties` Equipment Purchase Agreement. If he Equipment Purchase and the Terms and Conditions previously enumerated are'' €noonsssten hen the terms from the Equip neat Purchase Agreement prevail.
AS -IS NO WARRANTY: T11E VJARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, ''.NCI UDING, WITHOUT LIMITATION, THE lfvtPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL iNC OR AFFILIA7ED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL iNCIDEN7AL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR REt -A.`€ Eli TO T HE SALE OF THIS EQUIPMENT TO CUSTOIa1ER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS: Ths customer is liable for all shipping costs when returning or exchanging an item to Runyan, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
stated in the Runyor. Returp Policy;' when customers r turn an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freighl.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25 ;of io:al invoiced order) cancellation tee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable. A!! parts purchases are non refunsable. Any shipment
received in condrJurs Cher har brand new will be charged 50% restocking fee of he total amount. All returns must be properly boxed before they are returned. It's the cuslomar's reapon iufuy ro report airy damage ,'shortages with'm 48 hours
of receiving he p €oduct. Runyon will not accept claims 45 hours after delivery, Runyon will not accept returns without authorization. Upon issuing a Merchandise Raturn Amlhorization (MRA), Runyan will inslrt:ct customers as tc the hest means ct
returning merchandise. Runyon's MRA's are valid for 30 days after issuance, MBAs are not valid offer the 30 day time lima expires. Runyon will absolu rev not, under any circumstances, issue an fv1RA'b; returns on usw or danieged produces- Any
height relatcridarnaqe must be nofad rn the signed Pri of Lading AT THE TIME OF DELIVERY. The purchase pace at tune of sale is final.
REPRESENTATIONS AND WARRANTIES: Soile- represerns anc warrants that: (a} Seder has all necessary right, pnuer and authnnty to enter into and ponforri life 1 :Ptzrcrct.: h_rs3n: Tr) S.,ier has good and ri ukseUle file to iiae
Eacipment, and (c) ur .he ransier Cate Salver w0! convey 'he Same ;o Buyer (save only for the purchase rhoney en, if any, to be retained by Seller should Seiler. at its sole option, elect to finance all r any pertion cf fine Pui `lase Price) Buyer
agresec s and :.anion s that: (i) Brtyet has all necessary r€ght power and authorry to enter into and perform the transacirons reterenced herein. iii) Buyer has selsrled and caoe Il inspected ang exam. led ifne air d+ouxf the same to be
accept as to F uyer In all respects based on criteria established solely by Buyer and not based on any recommendation by Seller and Mil Buyer has received, carefully reviewed and is safsLea whin all ava. able tfa ni ,U nslructo operating and
us :.r nnapua.s, and other info mat on [including all training moui"eo under applicable OSHA andior ANSI Standards, If any) regarding the proper and safe iransportatron, use, maintarance, repair and storage of the Equipment
VOUCHER 116226 WARRANT ALLOWED
354867 IN SUM OF
RUNYON EQUIPMENT RENTAL
410 W. Carmel Drive
Carmel, IN 46032
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
212456 01- 7502 -06 $41.80
Voucher Total $41.80
Cost distribution ledger classification if
claim paid under vehicle highway fund
Prescribed by State Board of Accounts City Form No. 201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
354867
RUNYON EQUIPMENT RENTAL Purchase Order No.
410 W. Carmel Drive Terms
Carmel, IN 46032 Due Date 11/14/2011
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
11/14/201' 212456 $41.80
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5- 11- 10 -1.6
Date O er