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HomeMy WebLinkAbout203156 10/25/2011 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1 h 0 ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK AMOUNT: $20.90 CARMEL IN 46032 CHECK NUMBER: 203156 CHECK DATE: 10/25/2011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 210192 20.90 OTHER EXPENSES In consideration of the payment of additional rent classfied as "damage waterer" by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might 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 4 AA 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 EQtitpMENT p EiJTAI 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 C AF-il FI5ii INDIANAP 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. 317 566-8888 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 reasorIabie attorney fees, court casts and interest of one and one haft (1 12) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent FAX: 317- 566 -2990 The above equipment has been received the undersigned for rental purposes on and it is understood that Renter shall be held responsible for an by 9 P Pce Po Y 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 tool 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. runyon eom 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 JOB LOCATION TICKET CARMEL WATER DISTRIBUTION 161 SHOP 3450 W. 131ST STREET Con# 210192 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733 -2855 OUT 10/17/11 2:22 PM SAF W (317) 733 -2840 ID #3 PO /JOB RECEIVED BY SHOP CASTANDTA, ALDWIN 10/17/11 2:32 PM SAF *FINAL Page: 1 QTY ITEM EXT AMT NET AMT MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK 1 101 PROPANE 30 POUND REFILL 2'0.90 20.90 20.90 r a: mac, `s IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" IN1TE YCO WILL BE SUBJECT A CHARGE OF CONVERSION (THEM RENT 0 00 Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. SALES 2 0 9 0 Customer is liable for all damages repairs that result from alternative.fuel. I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT ANIZ OTHER 0 0 FULLYUNDERSTANDTHOSEINSTRUCTIONS, I ALSO UNDERSTAND THAT IAM THE PERSON RENTING THIS PROPERTY, AND THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. 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 SIG ,?;S Addl TAX 0.00 THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALE TAX 0. 00 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. 00 EQUIPMENT THAT 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, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 20. 90 RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR, LABOR RATE CHARGED AT $85 AN HOUR. AMT B ILLED 20 9 0 EQUIPMENT LEASED P M CELL LEASEDSY s i t�a"TI� 17 ACT I1 14:32:35 EQUIPMENT h' RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES. TfM Equipment is clean and full of fuel please_ return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES, DUEL AND ELECTRIC CURRENT. will apply, X i i i IAL N O ADJUSTME OR CREDITS will be made on equipment guan rnent 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 opportunity to personally inspect the equipment and finds it suitable for its needs and in good cond'illon, and that Cuslomer understands its proper use Customer further acknowtedges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon'? of any delecis, 2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE. OR THAT 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 atelier arisleg out of Runyon's negligence Customer shall Indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including anumey's fees which 1 ;elate to injury or to destruction of property, or bodily injury. Illness. sickness, disease or death of any person (including employees of Customer), and (2) are caused by, orclairned to be caused, in whole or in part, by the equipment leased herelr. or by the liability or conduct (inciuding active, passive, primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own cost 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 to equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses and altorneys fees incurred in such defense and.'or set+.lerr 1, judgment or other resolution In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend sa action on its own behalf and Customer agrees that it shalf be liable for all costs, expenses and attorneys 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 time. Rental rates for equipment are based on usage during this night (8) hour sili$. If Customer runs the equipment for over 8 heirs In one day. Customer will be charged for extra hours on equipment- One day is 24 hours or eight (8) hours running lime. 16 hours runninp 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 at this Agreement will be deemed to apply to aft Equipment Customer may rent or purchase from Runyan., whether on the date of this Agreement or at any time In the future (except only as to any Equipmern andlor other llanrs with respect to which Customer executes a new Agreement). 6. Prohibited Uses. Use of the equipment In the following circumstances is prohibited and constitutes a breach of th is Agreerri (a1 Use for illegal purpose or in an illegal manner; (b) Use when the equipment is in bad repair or is unsalei (c) Improper, unintended use or misuse; (dj Use by anyone other 'khan Customer or its employees, without Runi wrtien peirr ion; (e) Use at any location other than Ilia address furnished Runyon without Runyon's wFltien permission. 7. Fuel and Ott Levels A eq-1prPerit is full of fuel when rented to Customer and must ba returned to Runyon full or additional charges will apply. Also. use of alternative fuels (8lodlesel, E65, etc) in Runyon equipment is prop b€ ed. Customer is ifabfe for all damages and repairs that result from alternative fuel nunyen checks the oil level in the equipment when It is rented to Customer, Maintenance of proper off level in the equipment is safely the responsibitity of Customer. B. Repossession. 'upon a failure to pay rord or other oreach of this contract, Dealer may terminate th contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be Babble for any claims tot damage of trespass arising out of the removal of the goads. 9,Tires. Customer is totally responsible for all tire repair 1 is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10. Insurance, Runyon's insurance does not cover equipment while fm Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's properly and unit': it has )teen returned to Runyon's property and payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER'iHAN NORMAL BUSINESS HOURS RE €'.tAINS 'HF CUSTOMERS RESPONSIBILITY. 11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left, A charge of sixty -flux dollars (565.00) per hour will be charged for cie scup 12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement wlthoul Customer's consent, but will remain bound by all obligations herein. Customer may rat sublease or loan the equipment without Pumvn's wrlden permission_ Any purported assignnmeN by Customer is void. 13. Time of Return. CUSIC91ErS right to possession terminates on the expiration of the rental period {'Due in" date time) and relamion of possession after this time constitutes a material breach of this Agreement, lime is of the essence nis this Agreement. Any extension must be mutually agreed upon in wrri ig. 14. Late Return. Title to equipment is and shall at all fines remain with Runyon_ f=ailure to return the equipment by the "Due in" dale will subject Cuslomer to a charge of conversion (then: 15,Time of Payment. Accounts are due arid payable at the termination of the rental period. 16. Violation of Agreement and Venue Costs. Customer agrees that in the evens the Customer violates any of the terms arid conditions of this agreement, Rtinyon may called damages together wilh reasonable atlorney's fees, court costs and interest of one and one half (1 �i) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that [his agreement is to be construed under the laws of the Slane of Indiana arid the! if legal action is brought to enforce this agreement, That Hamilton County, Indiana, shall be the jurisdiction arid legal venue for said action, unless otherwise agreed by Runyon and Customer at a later lime. 17. Waiver, Arty failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter, 11 Damage Waiver. in consideration of the payment of additional rent classified as "damage waiver' by Customer, Runyon agrees to, and hereby does,wail its right. or any right if might have against Customer, arising from normal damage of the rental property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This °damage waiver" does not include damage or loss at the property as a result of the negligence of Customer or in the case of abusive damage, Inert or other gross regligence of Customer, This damage waiver shall not apply to reckless careless or abusive operation or use of tine equipment, use or operation of the equipmsm exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises. Cuts, punctures 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 poiioy or an agreement to insure. No damage waiver [[cerise, sales or use taxes are Included in Runyon's rental rates. They are extra, 19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the good's are out of Runyon's possession. Equipment lost, staten or dar :aged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost on repairs will be borne by Customer, wt�ether performed by Runyon, of, at Runyon's optlor, by offers, at a charge of sixty -five dollars ($65.00) per hour plus parts. 20. Severabffity. The provisions of this Agreement shall be severable so that the inveildity, unenforceabilit or waiver of any of the provisions shall not affect the remaining provisions, 21, loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in laading or unloading !tie equipment, Cuslomer agrees to assurne the risk of and hold Runyon nndfor its employees harmless for any property damage or personal injuries, including damage and personal Ir,iuries atinbutabk to the ragl'€ €genre of Runyon. 22. Property Damage, Runyon is not responsible tar any damage whatsoever as a result of on -the -job deliveries of pick -up by Runyon. 23, Fees, Licenses, Permits, Taxes and Fines. Customer shr l he solely responsible for payment of any fees, licenses.. permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment. 24. Charges. Cusforner 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 relmLursarnent is due Cuslomer fn the event trial tower days andr'orvniles are actually used, 25, Other Liability. Cusiomar assumes all risks from the improper use of the equipment_ Customer is responsible for damages to Customers property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere n iha renting location. Customer 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 Runyon, its agents and employees harmless from and against any and all losses, liabiIifie%damages, injuries, claims, costs and expenses arising out of Customers use or possession of the equipment, including but net If to any and all lines, aenalfies aad herfErures imposed by any governmental entity, and, to the extent not covered by insurance any clafrns or liabilities to Ihlyd parties arising out of the abandonment, conversion concealment or unauthorized sale of the equipment by Customer. or its agents or employees, or for the ronfi anon of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally !fold Runyon harmless for all oss, liability and expense in excess of the limn of Ilab[lify provided for herein as a result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose, During the ierm of this Agreement, Customer assumes full responsiblhi for the equipment to the public and any regulatory body having jurisdiction. 26. Defiveryll Up. D=elivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include suet up and knock down of tables and chairs. If this scrvfcc is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is deslrad on delivery, our driver must call for auittorization. It time permits, we with lry to acco €nmodale you after quoting 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, fables and chairs will be left until the next day vrhen a special crew can be scheduled There will be an additional one day rental. A knock down fee will result if rental items are still up. 27. Waiver of JuryTrlaf. Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this-agreement or the subject matter hereof.This weever pertains to all disputes Ehaf may relate to the subject mater IneteoL r g erinutrILmltatinr contract, fo rt, 4reae'n of duly, and all uthereammon law and statutory claims, and will not be subject is any exceptions. Each party (A) understands trial this is a tvii ver of t^ por,o cpll rights and fir .Ck ur,"eriges [het ,e,'sin r his had a reasorl opportunity M d cross this Waiver and Its effects ,v0 tagal caunsel_Accordingly, each party knowingly, volunta €ily, Irrevocably and unconditionally walves its jury ,e i rights 2B,Tiekets, Fines and Penalties, You agree to fully and promptly pay alt fines, penalties, parking tickets, traffic tickets, tolls, court costs, attorneys' fees and other oharges assessed during the Term in connection vilin thr use, parking, storage, and/ or possession of the Equipment, regardless e1 the fel ly of the driver of any vehicle You rent from Us. 29.Trailers and Towing, The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in then possession. Customer agrees not to tow arty frailer rented from LESSORIDEALER (a',: in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of medication, alcohol, or illicit drugs. 30. Headings. The Readings used herein are solely for convenient reference and shall not be used to construe or affect the inlerprelailon of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by Inc. parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously encmerated are inconsistent, then the terms f °am ne Equipment Purchase Agreement prevail. AS -IS NO WARRANTY: THE WARRANT Y IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR iMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARiICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTA':_ INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OFTHIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item io Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns As stated in the Runyon `Return Policy. when customers return an item or items for credii, a 25, restocking lee will be charged no your account, plus all applicable nbaurd and autccund ire;5m.This policy also applies to shipments refused and slurried. All cancdlatiars of whole in are sinlecl to a 25 tot local invoiced order) cancellation fee on In stock items from Runyon locations ONLY. Return shipping of hoe products not r efundaule. Al par pe chases are ncn rof rid Any shipment °e,c€ved in cordiHaas c;her than hrarrq rew will be charged 5 restocking fee of the total amount. All returns must be property boxed before they are renurned It's the customers €esronsrinll °ry to =a rtrt any a ..a,osishortages within 48 hours of receiving the pm6,1 t Hurnyon hit[ rot accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (N1HA). Runyon will 'estmrt cusfrfrers as ir, the bast :-sans of releming merchandise. Runyon's WRA's are alid for iii days after issuance. MRAs are not valid after the 30 day lime limit expires. Runyon will absolutely not. under ant, circumstances, issue an tJRA for nelurris on Jscd crdamaged prcducts. Any freight related !lamar_r. must be noted on the sip;ied Bit of Lading AT I TIME OF DELIVEPI purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES: Scl represenis and tivsrrarts that tar Seiler has all necessary right, power and authoanyto enter into arth perform the t arnsaciohs raferertuu h_re (q S,rrar ha; ;[nod and ma, rile to Ilia Eau €orient and 'ci o° the Parse- Date, Sevier .vii °onvev °he same in Buyer (save only for the purchase money tier, if any, to be retained by Seller should Seller, at its sofa option, elect to fina;ice all or any pci of the Pu se Price) Buyer iml r:is an azrrarls t- at. (i) Buyer has all recossary nghl, power and auihority to enter into and perform the transactions referenced herein; lllj Buyer has selected and carefully inspec ed and exam nea the Equ.pr .oat and found lie same to be c.ra r.,! to Here €m especfs based o^ ri�ria ..s,ablehedsole!y by Buyer and not based on ar -y recommendation by Seller; and (m) Ruvor has rer- clued, carefully reviewed and fs satisf v.iJn, all ova €tonic tray d n: trli ct.o."ISL _toting and r mane. and „tri i forria (including a'': Iralning req Teti under applicable OSHA andinr ANSI Standards. If any) regarding the proper and sate transport l use, ma nisna�ce repair end s €r rage the quipmeni. ssaiun suollounpow r R VOUCHER 112694 WARRANT ALLOWED 354867 IN SUM OF RUNYON EQUIPMENT RENTAL 410 W CARMEL DRIVE CARMEL, IN 46032 LVqTER Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 210192 01- 6200 -06 $20.90 Voucher Total $20.90 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, hind 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 10/18/2011 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 10/18/201' 210192 $20.90 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and 1 have audited same in accordance with IC 5- 11- 10 -1.6 Date Officer