HomeMy WebLinkAbout205277 01/05/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $729.72
CARMEL, INDIANA 46032 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 205277
CHECK DATE: 115/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4231100 STREET 77.80 BOTTLED GAS
2201 4237000 STREET 45.37 REPAIR PARTS
2201 4353099 STREET 606.55 OTHER EQUIPMENT
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317)566 -8888 STATEMENT DATE: 12/26/11 503
PRINTING DATE: 12/26/11
7 -7 7 7 7 7,
CARMEL STREET DEPARTMENT i RUNYON EQUIPMENT RENTAL
3400 WEST 131ST S'T'REET 410 WEST CAR -MEL DRIVE
CARMEN IN 45074 CARMEL, IN 46032
Dr �E LPG IOIc UDC DFcs'riIPTICI3 APgOI7IdTa Cs2'� _'S BALAtdCE .:1
12/Oi/11 214560 100 PO# PATCH TRUCK 4 ,I 8.90 0.00 38.90
12/05/1 213399 100 PO# MAIN ST LIONS CL1PgV79.00 0.00 2079.00
12/(J8/11 215065 100 PO# SHOP 3` 21.37 0.00 21.37
12%09/11 215190 100 PO# SHOP -3 24.00 0.00 24.00
12/12/:1- 1 215331 100 PO# HIGH DR F J3C�•q 435.75 0.00 435.75
12/12/1- 215363 100 PGi PATCH 3 n 38.90 0.00 38.90
1.2i".i4/:L1 2 5;72 1 -00 C'# P,`!RKS 53� 33.60 1.00 33.60
12/16/11 2 i..56i 1 10'0 POi# J-41.S:i ST 613 a I 137.20 0.00 137.20
*13na -plied Paymeris� Amount Allocated Remaining
7 �O
CURRE2�I T �0 ��A`IS 40 DAYS 90 DA "t S 120 x�� TOTAL' D UE
�.0� _0 .00 0_00 G.00 2808.72
In consideration of the payment of additional rent classified as 'damage waiver' by the Rentee, Renter agrees to, and hereby does waive its right, or any right ft might
A
R U NYO N A 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
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 reddess, careless or abusive operaflon 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
6QWVMENT {ZENTAL 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
CAFMEL FISHERS a INDIANAP01-15 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 reasonable attorney
fees, court costs and interest of one and one half (11,2) 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 by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't t be a root 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 JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 PATCH TRUCK
3400 WEST 131ST STREET Con# 214560
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 12/01/11 11:11 AM TT
F (317) 733 -2005
ID #3: PO /JOB RECEIVED BY
PATCH TRUCK BROWNING, TIM 12/01/11 11:12 AM TT
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY
WEEK 4 WEEK.
1 103 PROPANE 60 POUND REFILL 3'8 90 38.90 38.90
v
'f
IFTHE EQUIPMENT IS Nor RETURNED BY" DUE IN" DATE YOU WILL BE SU&IECTTO A CHARGE OF CONVERSION (THEFT} RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages 8 repairs that result from alternative fuel. SALES 38 90
I HAVE BEEN I DEMONSTRAT ED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 0 0
AALSO UNDERSTANDTHAT I AM 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 jj ,11 it Addl TAX 0 .00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX O O O
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
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 DAMAGESTO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 3 8 9 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 TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT PRINT S AMT BILLED 38. 9 0
NAME PHONE
LEASED BY X O1- DEC -11 11:12:37
EQUIPMENT
RETURNED BY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT T TI USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, VUEL AND ELECTRIC CURRENT. Will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
mar unctions 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 opportunity to personally inspect the equipment and finds it suitable 'or its needs and it goad condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior fo use and notify 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 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 and/or arising 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 attorney's fees which (1) relate 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, or claimed to be caused, in whole or in part by the equipment 'eased herein or by the liability or conduct (including
active, passive, primary or secondary) of Customer. its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, a' its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
n 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 all costs, expenses
and attorneys fees incurred in such defense andror settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party. Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be 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 time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment':or over 8
hours in one day Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 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 this .Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at 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 following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner; (b) Use when it:e equipment is in bad repair or is unsafe; (c)
Improper, unintended use or misuse; (d) Use by anyone other than Customer or ^s employees, without Runyon's written permission; (e) Use at any location: other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also. use of alternative fuels (Biodiesel, E85, etc.) in Runyon; equipment is prohibited, Customer is
iable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it's rented to Customer, Maintenance of proper oil Lavel in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. it 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 riot 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 Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LE TAT RUNYON'S LOCATION OTHER THAN NORMAL. BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as .then it left. A charge of sixty -five dollars (565.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyon's written permission. Any purported assignment by Customer is void.
13. Time of Return. Customer's right to possession terminates on the expiration of the rental period "'Due !n" date 8 time) and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence In this
Agreement. Any extension must be mutually agreed upon in writing.
14. Late Return. Title to equipment is and steall at ail times remain trth Runyon.. Failure to return the equipment by the "Due =n" date will subject Customer to a charge of conversion ;"theft;.
15.Time of Payment. 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 with reasonable attorney's fees, court costs and
Interest of one and one half (1 !y2) percent per month added to accounts over ten (10) days old, reflecting all annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement, that Hamilton County. Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any 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.
18. Damage Waiver. In consideration of the payment of additional rent classified as damage waiver 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
rerta( property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5`, of rental charge. Ths "damage waiver" does not include darnage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver snail 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 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 to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear. while the goods are out of Runyon's possession. Equipment lost. stolen or damaged
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 of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others. at a
charge of sixty -five dollars fS65.00) per'rnour plus parts,
20. Severability. The provisions of this Agraerr:ent shall be severable so that the invalidity, imenfomeabi!ity 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 loading or unloading the equipment, Customer agrees to assume the risk of and 'hold Runyon atd.'or its
employees harmless for any property damage or personal injuries, including damage and personal in pries attributable to the negligence of Runyon,
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits, Taxes and Fines. Customer shall be 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. 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 andror miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment, Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored it the equipment, or elsewhere
in the 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, liabilities, damages, injuries.. claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity: and. to the extend not covered by insurance.. any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use, Customer shall additionally hold Runyon harmless for all toss, liability and expense in excess of the limits of liability provided for herein as a
rasp!( 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 term of :his Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Deliver, 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 set up and knock down of tables and chairs.
If this service 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 desired on delivery, our driver must call for authohzahon, it time permits, we will
by to accommodate you after quoting (be price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area, tab!os and chairs will be left until the next day when 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 Jury Trial. Each party waives its right to a iury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to a;' disputes that may relate to the subject matter hereof,
ncluding, without !imitation, contract, fort, breach of duty, and all other common law and statutory claims, and will not be subject ig any exceptions. Each party (A) understands that this is a waiver of important legal rights and (B) acknowledges that
beishedt has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each parry knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
28.Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets traffic tickets, tolls, court costs, attorneys' fees and other charges assessed during the Term in connection with the use. parking, storage, andi
or possession of fh2 Equipment, regardless of the identity 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 dooms, pins and lights in a safe and secure condition while in their possession, a stonier agrees not to low
any trailer rented from LESSOR,'DEALER (a) in a careless or negfo manner, (b) at excessive speed or g) while raider the influence of medication. alcohol. :x flicil drugs.
30. Headings. The headings used herein are solely for coven -right reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING. WITHOUT LIMITATION, THE IMPLIED
WARRANT IES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIAT ED COMPANIES WILL NOT BE CABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OFTHE LAW OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS: Toe customer is liable for all shipping costs when returning or exchangino an item to Runyon, unless the product has been damaged during shippirg.This policy also applies to warranty returns. As
stated in the Runyon `Return Pelicv.' when customers return an item or items for credit, a 21% restocking fee will be charged to your account, plus all applicable inbound and outbound fre ght. This policy a so applies to shipments refused and returned.
All carccllations cf whole goods airs subject to a 25`6 (Of iota1 rvo cod order) cagxlation fee on in stock items from Runyon locations ONLY, Return shipping of 1e ;trod, ct is not efu ^dare I Al parts purchases are non refundable. Any shipment
received in conditions other than brand new will be charged 50;b restocking fee of the total amount. All returns must be properly boxed before they are returned. Its the cus.cme s iesp nsoil I report any damages shortages within 48 hours
of receiving the product. Runyon will rot accept claims 48 hours after delivery. Runyon •mill not accept returns withqui aufhorization. Upon issuing a Merchandise Return Authorization (MR.Ai. Runyon will instruct customers as tp the best !leans o?
returning merchandise. Runyon's MRA's are valid tot 30 days after issuance, NIRAs are lot valid after the 30 clay time limit expires. Runyon will absolutely not. under any circumstances, issue art MRA for returns on used or damaged products. Any
freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is 'ilia).
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seiler has all necessary right, power and authority to enter into and perform the transactions referenced herein: (b) Seller has good and marketable title to file
Equipment; and (c) on the Transfer Date. Seller will convey the same to Buyer (save only for the purchase money lien. if arty, to be retained by Seller should Seller, at its sae option, elect to finance all or any portion of the Purchase Price). Buyer
represents and warrants that: (i) Buyer has all necessary right. power and authority to enter into and perform the transactions referenced herein: (it) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller; and (iii) Buyer has received, carefully reviewed and is satisfied with, all available training, instructions, operating and
user manuals, and other information (including all training required under applicable OSHA andror ANSI Standards, if any) regarding the proper and safe transportation, use, mair:ter:ance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver' by the Rentee, Renter agrees to, and hereby does Waive its right, or any right it might
R U NYA N 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
A 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, arts, punctures or
6QUIVMEN7 {N fAL 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 cast 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"el 1`151AER5 INWAN"0 .15 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.
31 7 5 66 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 oosts and interest of one and one half (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 by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
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 o 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.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 JOB LOCATION TICKET#
CARMEL STREET DEPARTMENT 503 MAIN ST LIONS CLUB
3400 WEST 131ST STREET Con# 213399
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 'OUT 11/16/11 2:20 PM WH
F (317) 733 -2005
.ID #3 ;PO /JOB RECEIVED,BY
MAIN ST LIONS CLUB HOBBS, JAMES A R TURNED 12/05/11 9:56 AM WH
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY. WEEK' 4 WEEK
1 5402 -0002 SOLAR SIGN BOARD TELESCOPIC 1980.00 1980.00
$165.00/D 165.00 165.00 660,00- ,_1v98 0.00
V
r
ME EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 1980.00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative.fuel. SALES 0 00
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT N I OTHER 0 0 0
FULLY UNDERSTANDTHOSElNSTRUCTIONS I ALSO UNDERSTANDTHAT I AM 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 99 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X 816NATURE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES 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 OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 2079 00
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.
EQUIPMENT ELL AMT BILLED 2079.00
Z f
LEASED BY X PRINT 1 �IOfIR C PHCINF 05- DEC -11 09:56:59
EQUIPMENT
RETURNED BY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Eauiament 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 condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify 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 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 and/or arising 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 attorney's fees which (1) relate 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, or claimed to be caused. in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of' hem may be liable. Customer shall, at its own: cost or expense, defend Runyon against all suits or proceedings commenced by anyone
: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 all costs, expenses
and attorney's fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be 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 time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one dav, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 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 this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at 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 following 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 than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyan full or additional charges will apply. A +so, use of alternative fuels (Biodiese!, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when. is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. It 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 in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPM1vfENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars iS65.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon, may assign its rights undo this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyons written permission. Any purported assignment by Customer is void.
13. Time of Return. Customer's right to possession terminates on the expiration of the rental period "Due In" date tinge) and retention of possession after this time constitutes a material breach of this Agreement, Time is of the essence in this
Agreement. Any extension must be mutually agreed upon in writing.
14. late Return. Title to equipment is and shall at all times remain ::ilth Runyon,. Failure to return the equipment by the "Due in" date will subject Customer to a charge of conversion (t efil
15.Time of Payment. 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 col ect damages together ,vith reasonable attorneys fees, court costs and
interest of one and one halt (1 '.z) percent per 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
Indiana and that if legal action is brought to enforce this agreement, that Hamilton County. Indiana, shall! be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a Wartime.
17. Waiver. Any 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.
18. Damage Waiver. In consideration of the payment of additional rent classified as "damage waiver" 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 property normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 54b of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence 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, 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 In:.surance 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 to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
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 of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by ethers, at a
charge of sixty -five dollars IS65.00'1 per hour plus parts.
20. Severability. The provisions of this Agreement shat: be severable so that the Invalidity. unenforceability or waiver of any of the provisions shall not affect the remaining provisions
21. Loading and Unloading Equipment. Customer is responsible for loading and eblooding equipment. If Runyon's employees assist in loading or unloading the equipment. Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits, Taxes and Fines. Customer shall be 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. Customer shall pay all charges required under ;his 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/or miles are actually used.
25. Other Liability, Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored o. the equipment, or elsewhere
n the ranting 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 a!i losses, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including.. but not limited to any and all fines, penalties and forfeitures imposed by
any governmental enfity, and, to the extent not covered by insurance. any Claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, dead; 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 term of this Agreement Customer assumes full responsibility for the equipment to the public, and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery 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 set up and knock down of tables and chairs.
If this service 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 desred on delivery, our driver must call for authorization. If time permits, we will
t:ry to accommodate you after quoting tite price. On pi. ^_k up were no prior arrangements have been made and rental items are riot knocked down and assembled in one sheltered area. tattles and chairs will be left until the next day when a special
crew; an scheduied.There will be an addtional one day rental. A, knock down fee wit: result it rental items are shil up.
27. Waiver of Jury Trial. Each party waives its right to a jury trial of am; claim or cause of action based on or arising out of this agreement or the sup ect /natter hereof. 11, waiver pertains ;air: disputes 'hat may relata the subject mater her eef
ncluding, without limitation, contract, tort, breach of duti and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is e o ajver of important rights and (B) acknowledges that
helsharit has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily irrevocably and unconditionally waives its jury trial rights.
28. Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties. parking tickets. traffic tickets, tolls, court costs, attorneys' fees and other charges assessed during the Term in connection with the use, parking storage, and:
or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent front Us.
29. Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism. safety chairs. all tie downs, pins and rights In a sate and secure condition while in their possession. Customer agrees not i0 toy:
any trap_. anted fro LESSOR-DEALER (a) in a carc..ess r negligent manner IN a: excess speed or (cj wide under t e luerce ^,I MOd;0azion. a jl icr, crags.
30, Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the jriterpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES. INCLUDING, WITHOUT LIMITATION, THE lIMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL 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 OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OFTHE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer Is liable for all shipping costs when returning or exchanging an Item to Runyon. unless the product has been damaged during sb:ppjng. This policy also applies to warrant refums. As
stated in the Runyon. `Return Poljcy" when customers return an tern or ale ^s for credit, a259. restocking fee will be charged to your account plus all applicable inbound and Outbound freight his policy also applies to shipments r fused and raturred.
All cancellations Of :whole goods are subject to a 25 (ot total invoiced order' cancellation fee on in stock items from Runvon locations ONLY Return shipping of the product a riot refundable. All par's purchases are non refundable.. Any shipment
reCe:ved in conditions o',her Cha brans new u ill "e cnarge:a 5C` restocking lee of the'Otal amcgnt. All returns must be property boxed before t ey are rei.jr,ed. Its the cus omen's resp cs t j uy i0 e rt any damades'shor'ages within 48 hours
of receiving the product. Runyon will not accept Claims 48 hears after delivery. Runyon, will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA). Runvon will instruct customers as the best means or
returning merchandise. Runyon's MRA's are valid for 30 days after issuarce. MBAs are not valid attar the 30 daytime limit expires. Runyon: will absolutely not. under any circumstances, issue an MRA for returns on used or damaged products. Acv
freight related damage must be, noted on the signed Bill of Lading AT THE TIME OF DELIVERY The purchase pare at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Soler represents and warrants that: (a) Salter has all necessary right, power and authority to enter into and perform the transactions referenced herein; (bj Seller has good and marketable title to the
Equipment; and (c) on the Transfer Date, Seller will convey the same to Buyer rsave only for the purchase money lien, if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of the Purchase Price). Buyer
r epresents and warrants that: (i) Buyer has all necessary right, power and authority to enter into and pe form the tr ansactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found the soma to be
acceptable to Buyer in all respects based on criteria established sole'y by Buyer and not based on any recommendation by Seller, and (iii} Buyer has received, carefully reviewed and is satisfied with, all ava=ilable training, instructions, operating and
user manuals and other informatior (including al trainiq requ under applicable OSHA and.. +or ANS- Standards. it any) regarding the proper and safe `transportation. use, maintprPnce re air an storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R U NYO N
have against the Rentee, arising from normal damage of the rental property,
rented a sum equal to 5 %of rental charge. This waiver' does not include damage y, normal damage to be determined by Renter. The undersigned shall pay upon return of
property ro a e 'damage negligence of the Rentee
or qrq in 9 or loss of the property as a result of then e9 9
In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to recldess, 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
EQUIPMENT {ZENTAL 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
LARMBL FISHERS 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.
317 566 8888 The parties agree that in the event the Rentee violates any of the terms and ax of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half (112) 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 by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
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. 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 JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 SHOP
3400 WEST 131ST STREET Con# 215065
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 12/08/11 9:54 AM JP
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY
SHOP MOFFITT, SAMUEL 12/08/11 10:13 AM JP
*FINAL Page: 1
QTY ITEM# EXT.AMT NET AMT
MIN HOURLY =OVNITE .8 -HOUR DAY WEEK 4 WEEK
2 765139601657 EDGER CON 6X4 1/2" RAD. CF165 7 14.38 14.38
1 765139601602 EDGER 6 11 X2" 3/8" RAD CF160 6 6.99 6.99
V
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 21 37
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM 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 SIGNAj URE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES `PAX 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 DAMAGESTO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 21 37
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 BILLED 21 37
EQUIPMENT _f ii#ilil�. CELL
LEASED BY X 3 PHONE 08 DEC 10:13:36
EQUIPMENT
RETURNED BY X SIGN UI RENTAL FEES DO NOT APPLY TO PURCHASES.
WE HARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, FUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment We charge a 5% Damage Waiver on all equipment rentals.
malfunctions unless Runvon Eauinment Rental has been notified.
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 condition, and that Customer understands its proper use, Customer further acknowledges its
duty to inspect the equipment prior to use and notify 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 THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTF74DEb 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 andlor arising 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 attomey's fees which (1) relate to injury or to destruction of
Property' or bodily injury, illness, sickness, disease or death of arty person (including employees of Customer), and (2) are caused b}4 or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
are;ve, passive, primary or secondary o`: 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 •whrh 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 actor omission by Runyon, and Customer shelf be liable and responsible for all costs, expenses
and at rney s fees incurred in such defense andlor settlement, Judgment or ofher resolution. In 'he event that such action is commenced naming Runyon as a party,. Runyon may elect to defend said action on its own behalf and Customer agrees
that !t shall be 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 time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in, one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 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 this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment andlor other Items with respect to which Customer executes a net ^r Agreement).
6, Prohibited Uses. Use of the equipment ire. the following 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: fdt Use by anyone other than Custerner or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission,
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
B. Repossession. Upon a failure to pay rest or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shatl not be liable for any claims
for damage or trespass arising out of the removal of the goods,
9.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 spotted.
10, Insurance. Runyon's insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been 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 THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges, Equipment is to be returned to Runyon as clean as when it left, A charge of sixty -five dollars ($65.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyon's:•. permission. Any purported assignment by Customer is void.
13 -Time of Return. Customers right to possession terminates on the expiration of the rental period ('Due it" date time) and retention of possession atter this lime constitutes a material breach of this Agreement. Time is of the essence In this
Aclee ^lent Any extension: must be mutually agreed upon in writing,
14. Late Return, Title to equipment is and shalt at alt times remain with Runvon. Failure to return the equipment by the "Due In wilt subject Customer to a charge of ronversion Itheft).
15.Time of Payment. Accounts are due and payable at the iermination: of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the forms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of one and one half (1 percent per 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
Indiana and that if legal action is brought to enforce this agreement that Hamilton County. Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any 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.
18. Damage Waiver. In consideration of the payment of additional rent classified as `damage waiver' by Customer, Runyon agrees to, and hereby does, waive its right, or any right if might have against Customer, arising from normal damage of the
rentai property normal damage to be determined by Runyon. Customer shall pay upon return of property reined a sum equal to of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage. theft or other gross negligence 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 fires, 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 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 to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
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 of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option„ by others, at a
rhargel of sixty give dollars fS65.00 per hour plus parts.
20. Severability. he provisions of this Agreement shall be severable so that the invalidity, unenforceaplity or waiver of any of the provisions shall not affect 'he remaining provisions.
21, Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and /or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is riot responsible for ar,y damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits. Taxes and Fines. Customer shall be 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. 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 andlor mires are actually used.
25, Other Liability, Customer 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
in The 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 age rst any and all losses, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
reset 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 term of this Agreement, Customer assumes full responsibility for the equiptinent to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery 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 set up and knockdown of tables and chairs.
!f this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arranaements are made and this service is desired on delivery, our driver must call for authorization. If ne permits, we will
try to accommodate you after quoting the prce. On pick up where no prior arrangements have beer, made and rental items are not knocked down and assembled in one sheltered area, tables and chairs wi'I be left until the next day when a special
crew can be scheduied. There wilt be an additional one day rental. A knock down tee will result if rental items are still up.
27. Waiver of Jury Trial- 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 waiver pertains to at' disputes that may relate to *,he subjeri matter here,
including. 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 that this is a waiver of important legal rights and (B) acknowledges that
heishe /it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights,
28. Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties. parking tickets, traffic tickets tolls. court costs, attorneys' fees and other charges assessed during the term in connection with fhe use, parking, storage, ands
or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us.
29. Trailers and Towing. The customer's responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and'iyhts in a set-- and secure condition while in their possession. Customer agrees not to tow
aT; ?ra :le; rented from LESSOR, /DEAL; R ial, in a careless or neal!gent manner, (b) ai excessive speed or (ci :vhue under the influence of ;hedication, alcohol, or illicit drugs.
30. Headings. ;lie head.ngs used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS-IS NO WARRANTY: THE WARRANTY 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 PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUiPMEN? RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
DR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS 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 a!r shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
stated in the Runvon "Return Policv" ,when customers return an item or items for credit, a 25% restokinc fee will be charged to your account, plus all applicable inbound and outbound freight This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25% of total invoiced order') cancellation fee on in stock items from Runyon locations ONL'f. Return shipping of the product is rot refundable. All parts purchases are non refundable. Amy shipment
received in conditions ether than brand new mil be charged 50 restocking fee of the total amount. All returns must be properly boxed before they are returned. Its the customer's responsibility to report any damagesfshortages within 48 ho, rs
of receiving the product. Runyon will not accept claims 48 !yours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (IRA), Runyon will instruct gustomers as ig the best means of
rettuning merchar ise. Runyon's MRA's are valid for 30 days after issuance, MBAs are not valid after the 30 day time limit exp ires. Runyon will absolc ely not, under any circumstances, issue an MRA for returns on used or damaged products. Any
freloht related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY. The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seller has all necessary right, power and authority to enter into and perform the transactions referenced herein: (b) Seller has good and marketable title to the
Equipment: and (c) on the Transfer Date, Seller will convey the same to Buyer (save only for the purchase money lien, if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of the Purchase Price). Buyer
represents and warrants that: (i) Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller; and ('iii) Buyer has received, carefully reviewed and is satisfied with, all available training, instructions. operating and
user manuals, and other rnfonmation !including all training required under applicable OSHA andror ANS. Standards, if any) regarding the proper and safe transportation, use. maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
I� U NYO N 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
ArA 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
EQUIPMENT REN AL 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
LAF-M61- FISHERS 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.
317 566 8888 The parties agree that in the event the Rentce violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attomey
fees, court kxsts and interest of one and one halt (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 by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't t be a root 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 �rr. �a JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 SHOP
3400 WEST 131ST STREET Con# 215190
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 12/09/11 1:31 PM SAF
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY
SHOP KALOGEROS, GEORGE MIKE 12/09/11 1:32 PM SAF
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN, .HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK
4 00045 BAND CLAMPS C 1�.00 4.00 4.00
1 299 LABOR 20 .00 20.00 20.00
V'
r, ,N,
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 24 00
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0
FULLY UNDERSTAND THOSE INSTRUCTIONS, I ALSO UNDERSTAND THAT I AM 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 SIGP!> Addl TAX 0. 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 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 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 OFTHE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 24 00
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 585 AN HOUR. AMT BILLED 24 0
EQUIPMENT I, 1, ,1 i' i CELL
LEASED BY X t li� PHONE 09-DEC -11 13: 32: 16
EQUIPMENT
RETURNED BY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES.
E CHARGE FOR TIME OUT NOT TIME U ED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, VUEL AND ELECTRIC CURRENT. will apply. X IN
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon EaUiDment 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 condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify 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 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 andror arising 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 attorney's fees which (1) relate 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, or claimed to be caused. in whole or in part, by the equipment leased herein or by the liability or conduct (including
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
n 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 all costs, expenses
and attorney's fees incurred in such defense andlor settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
that t shall be 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 time. Rental rates for equipment are based on usage during this eight (8) hour shift. Customer runs the equipment ter over 8
hours in one day Customer will be charged for extra hours on equipment. One day is 24 hours or eight 18) hours running time. 16 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 this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at 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 following 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 than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and lake possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. It 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 corer 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 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 THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty-five dollars (565.00) per hour will be charged for cieanu,p.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement withal Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyon's written permission. Any purported assignment by Customer is void
13. Time of Return. Customer's right to possession terminates on the expiration of the rental period "Due n" date time) and retention of possession after this time constitutes a :material breach of this .Agreement, Time is of the essence in this
Agreement. Any extension must be mutually agreed upon in writing.
14. Late Return. Title to equi is and shall at asp times remain with Runyon. Failure to return the equipment by the "Due in" date will subject DUSlgmer tO a charge of conversion (!heft).
15.Time of Payment. 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 with reasonable attorney's fees, court costs and
interest of one and one half It percent per 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
Indiana and that if legal action is brought to enforce this agreement. that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any failure by either party to enforce any provision of this Agreement shall net constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18. Damage Waiver. in consideration of the payment of additional rent classified as `damage waiver 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 property normal damage to 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 darnage or loss of the property as a result of the negligence
of Customer or in the case of abusive darnage, theft or other gross negligence 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, 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 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 to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear while the goods are out of Runyon's possession. Equipment lost. stolen or damaged
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 of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option. by others: at a
charge of sixty -five dollars (565.00) per dour plus parts.
20, Severabifity. The provisions o; this Agreement shall be severable so that the inn ;alidiry, unenforceability 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 loading or unloading the equipment, Customer agrees to assume the risk of ,no hold Runyon andur its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees. Licenses, Permits,Taxes and Fines. Customer shall be 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. 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/or miles are actually used.
25, Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the 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. liabilities, damages, injuries claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governments! entity.. and. to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion; concealment or unauthorized sale of the equipment by Customer, or its agents or employees
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally !told Runyon harmless for all loss, liability and expense in excess of the limits of liability 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 ether user of the equipment shall be deemed the agent servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery 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 set up and knock down of tables and chairs.
If this service 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 desired on delivery, Our driver must call for authorization. If time permits, we will
try to accommodate you after quoting tine price. Or: pick up Where no prior arrangements have been made and rental items are no knocked down and assembled in one sheltered area, tables and chairs will be left until the next day when 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 Jury Trial. Each party e:aives 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 waiver pertains to all disputes that may relate to the subject matter hereof.
including, 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 Al understands that this is a waiver of irnportant legal rights and (B) acknowledges that
he/she it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
28. Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties. parking tickets, traffic tickets, tolls, court costs, attorneys' fees and other charges assessed during the Term in connection with the use, parking, storage, and:
or possession of the Equipment, regardless of the identity 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 their possession. Customer agrees nct ic. tow,
any trailer rented from LESSORIDEALER (a) in it careless or negligent manner, fb) at excessive speed or (o) while under the influence of medication, alcohol, or illicit drugs.
30. Headings, The headings used herein are solely for convenient reference and shall riot be used to construe pr affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY 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 PARTICULAR PURPOSES. ARE EXCLUDED FROM THE SALE OFTHIS EQUIPMENT. RUNYON EQUIPMENT RENTAL 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 OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAIN OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
stated in the Runyor: `Return Policy" when customers return an item or items for credit, a 25% restocking fee will be charged to your account plus all applicable inbound and outbound freight. This policy also applies to shipments refused and returned.
All cancellations of ;.hole goods are subject to a 2551 (of total invoiced order) cancellation fee on in stock !Isms from Runyor locations ONLY, Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
received in conditions other than brans new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned. It's the customers responsibility to report any damages/shortages within 48 hours
of receiving the produc: Runyon will not accept claims 49 hours after delivery, Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRAi, Runyon will .nstruct customers as to the best means of
returning merchandise. Runyon's MRA;s are valid for 3 0 days after issuance, fdRAs are riot valid after the 30 clay time limit expires Runyon will absolutely na under any circumstances, issue an MRA for returns on used or damaged products. Any
freight related darnaae must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY. The purchase price at time of sale is 'trial.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seller has all necessary right, poser and authority to enter into and perform the transactions referenced herein; (b) Seller has good and marketable title to the
Equipment; and (c) on the Transfer Date, Seller will convey the same to Buyer (save only for the purchase money lien, if any, to be retained by Seller should Seller, at its sale option, elect to finance all or any portion of the Purchase Price). Buyer
represents and warrants that: (i) Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein: (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria establisher solely by Buyer and not based on any recommendation by Seller; and (ii) Buyer has received, carefully reviewed and is satisfied with, all available training, instructions, operating and
user manuals, and other information (including all training required under applicable OSt1A andlor ANSI Standards, it art regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classed as "damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R U N�(O N 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
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 reddess, 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
6QUtVMENT RENTAL 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
CARMEL F15HEF-5 INDIANAPOLI 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 reasonable attorney
fees, court costs and interest of one and one half (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 by the undersigned for rental purposes only, and lt is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't 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 indemnity 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 JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 HIGH DR
3400 WEST 131ST STREET Con# 215331
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 12/12/11 8:45 AM SAF
F (317) 733 -2005
ID #3 PO/JOB RECEIVED. BY
HIGH DR ZELLER, STEPHEN W R TURNED 12/12/11 2:23 PM WH
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMM
MIN HOURLY OVNITE 8 -HOUR DAY WEEK 4 W EEK
1 8786 -0007 EXCAVATOR 35N 10'4" DIG 27 HP 250.00 250.00
$200.00/4 250.00 250.00 725._0:0,1980.00
1 8791 -0002 DEMO HAMMER FOR EXCAVATOR 35N 165.00 165.00
Y f
$165 00 /D 165_.00 165, \"6600.0' 1980.00
Rental Note (s) CUSTOMER; IS RESP ONSIB LE' FOR TR IF THEY COME
OFF MACHINE X
ME EQUIPMENT IS NOT RETURNED BY "DUE IM' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 415.00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative.fuel. SALES 0 00
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM 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 20 75
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SIGNATURE Addl TAX 0 .00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES 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 0 0
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 OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 435 7 5
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 BILLED 435 7 5
EQUIPMENT J Pt:° CELL
P R I NT
LEASEDBY X 4 +.v E PHONE 12- DEC -11 14:23:59
E
R BY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT RMIME 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 INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malf inrtinn t unlacc Runvnn Fn►nnmant Rantal hac haan nntifiarl 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 condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use arid notify 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 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 and/or 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 attorney's fees which (1) relate 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, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
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
n which Runyon is a named party or 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 all costs, expenses
and attorney's tees incurred in such defense and /or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
ihat n shall be liable for all costs, expenses and attorney's fees incurred by Runyon in so&. 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 eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day. Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -0ay charge, 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and /or other items with respect to which Customer executes a raw Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: fa) 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 than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
l iable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in, the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and lake possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. it 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 in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been 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 THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left A charge of sixty -five dollars (565.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runvon may assign its rights under this Agreement without Customers consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyon 'a written permission. Any purported assignment by Customer is void.
13. Time of Return. Customer's right to possession terminates on the expirazon of the rental period "Due In date time) and retention of possession after this time constitutes a material breach of this Agreement. Time Is of the essence in this
Agreement. Any extension must be mutually agreed upon in writing.
14. Late Return. Title to equipment is and shallot all times remain with Runyon. Failure to return the equipment by the "Due In" dale will subject Customer io a charge of conversion ('.heft!.
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16.Violation o1 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 with reasonable attorneys fees, court tests and
interest of one and one half (1 k) percent per 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
Indiana arid that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any 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,
18. Damage Waiver. In consideration of the payment of addifionai rent classified as "damage waiver' 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 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 of the property as a result of the negligence
of Customer or in the case of abusive damage, that or other gross negligence 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, 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 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 to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repair:vill 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 of repairs will be borne by Customer, whether performed by Runyon, or. at Runyon s option, try others, at a
charge of sixty -five dollars IS65,00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity. unenforceability 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 loading or unloading the equipment. Customer agrees to assume the risk bland hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any darnage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be 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. 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/or miles are actually used.
25. Other Liability. Customer 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
in the 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, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment.. including but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out Of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability 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 term of this .Agreement.. Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery 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 set up and knock down of tables and chairs.
It this service is required, arrangements should be :made several days prior to delivery with a special charge quoted. If no enlargements are made and this service is desired on delivery, our driver must call for authorization. It time permits, we. v +ill
Iry to accornmcdate You after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked do:vri and assembled in one sheltered area. tables and chats wit: be left until the next day when a special
crev, 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 JuryTrial. Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement ur the subject manor hereof. This waiver perlams to alt disputes the€ may relate to the subject matter hereof,
including, without limitation, contract, fart, breach of duty, and all other common law and statutory claims, and will not be subjeol to any exceptions. Each party (A) understands that this is a waiver of .mponant legal rights and (B) acknowledges that
hefshe/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives itsuty trial rights.
28, Tickets. Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets. traffic tickets, tolls, court costs, attorneys' fees and other charges assessed during the Term in ccnr:ecf,on :vlih the use, parking, sioiago aadf
or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us.
29. Trailers and Towing. -he customers resoons ble for inspecting and maintaining the trailer coupling mechanism_ safer: chars. all ire davns_ pins and aghls in a sa a and secure cono non aide in iheu possess out Customer agrees not tc toy:
any tra.e: rented trop LESSOR DEAL ER la'' in a careless r nr f (gent marine (o, a. C m ess ve speed or ;c' ho e r,rder Ilia influence of fd;ca on cohcl. or uu,r. d a s.
30, Headings. The headings used harem are solely for cnn,?n nt reference and shy.'! no Le se l to construe or ect the ^te•pr:=ia ion of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent. then: the terms from the Equipment Purchase Agreement proven.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITAI ION, THE !MPUED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL !NC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAf,IAGES 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 air:. item to Runyon. unless the product has been damaged, during shipping This policy also applies to warranty retuins..As
stated.:.- the Runyon: "Return Policy"when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight 'his policy also applies to shipment refused and returned.
All cancellations gf :vnolp goods are subject to a 25`: (g` total I Ymcec pride" cancela:ion tee in statue lams from Rumor locations ONLY. Return s1nippiq g of :na product's got refundable At pa's purchases are non re`.unda :e. Any shipment
-ace:ved In conditions other than Eras re:v voll be charged 50 isfcclumg fee of *he :'olal amount. All returns must be properly boxed before they are returned I's the customers res v ns b I`ty to report any da, agesIShonages within 48 hours
of receiving the product. Runyon will not acoepf claims 48 hours after delivery. Runyon will not accept returns w,thoui authorization. Upon sssuing a Merchandise Ratarn: Authonzatien (MRA), Runyon will instruct customers as to the best means of
returning merchandise. Runyon's MRA's are valid for 30 days after issuance, MRAS are not valid after the 30 day time limit expires Runyon will abso •,rely not. and r ny circumstances, issue an PARA for returns on used or damaged products. Any
height related damage must be noted on the signed Bili of Lading AT THE TIME OF DELIVERY The purchase price at time of sale's final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seller has all necessary right, power and authority fo enter into and perform the transactions referenced herein; (b) Seller has good and marketable title to the
Equipment; and (c) on the Transfer Date, Seller will convey the same to Buyer (save only for the purchase money lien, if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of the Purchase Price). Buyer
represents and warrants fiat: (i) Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller, and (Iii) Buyer has received, carefully reviewed and is satisfied with all available training, instructions, operating and
u =er manuals and other information (ino!uding all ;raining required under applicable OSHA and /or AASI Standards, if arty) regarding the proper and _safe transportation. use, maintenance. repair arid storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R U NYO N 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
A`�A 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 capaclty, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
UIFMf.NT tZENTAL 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
GAR AeL 1`1514iB95 InIDIMP,?Ol.15 shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and furrier 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 Be the Rentee violates arty 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 hag (i IQ) 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 by the undersigned for rental purposes only, and It is understood that Renter shall be held responsible for any accident or
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 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 e Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 4 503 PATCH
3400 WEST 131ST STREET Con# 215363
CARMEL IN 46074
Loc 100
SSN PHONE DATE,; TIME
W (317) 733 -2001 OUT 12/12/11 11:04 AM WH
F (317) 733 -2005
ID #3 PO /JOBz RECEIVED-
PATCH MARTZ, FREDERICK KENT 12/12/11 11:05 AM WH
*FINAL Page: 1
,.QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY WE 4,WEEK
1 103 PROPANE 60 POUND REFILL 38.90 38.90 38.90
t V
S
l t
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 38 90
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND OTHER 0 00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSOUNDERSTANDTHATIAMTHEPERSONRENTINGTHISPROPERTY ,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 SiGNX JRE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON S 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 DAMAGESTO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 38 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 BILLED 38 90
EQUIPMENT PRINT NAME p E CELL
LEASED BY X M 1tt�l t�f'11V16�. PHONE 12- DEC -11 11:05:25
RETu NEDBY X SIGNAT1S IRE RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, VUEL AND ELECTRIC CURRENT. will apply. X iNiTIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon EQUiDment Rental has been notified. We charge a 5% Damage waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it hashed an opportunity to personally inspect the equipment and finds it suitable forts needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect The equipment prior to use and notify 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 WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'SWrENDE0 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 and/or arising 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 attorney's fees which (1) relate 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. or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
a..:ve, passive, primary or secondary) of Customer. its agents or employees, or anyone for vihose acts any of them may be liable. Customer shall, at its awn 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 the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
That it snail 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 eight (8) hour shift. If Customer runs the equipment for over 8
hours it one day. Customer Wit be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 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 this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at 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 following 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 repairer is unsafe; (c)
Improper, unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
l iable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for arty claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all lire repair. if is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does riot cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once if leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DUPING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS': HE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (565.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by alt obligations herein. Customer may not sublease or loan the equipment without
Runyon's written permission. Any purported assignment by Customer is void.
13.Time of Return. Customer's right to possession terminates on the expiration of the rental oeriod i"Due in" date time) and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence in this
Agreement. Any extension must be mutually agreed upon jn writing.
14. Late Return. Title to equipment is and shall a: all times reman rrth Runyon. Failure to return the equipment by the "Due in" date will subject Customer to a charge of conversion (theft).
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16.Violabon 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 with reasonable attorney's fees. court costs and
interest of one and one half (1 Y:) percent per 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
Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action:, unless otherwise agreed by Runyon and Customer at a later tinge.
17. Waiver. Any 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.
18. Damage Waiver. In consideration of the payment of additional rent classified as `damage waiver 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 property normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 55 of rental charge. This damage waiver" does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence 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, 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 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 to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repair will be paid for at its current list price Pius the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option., by others, at a
charge of sixty -five dollars (565.00) per hour plus pars.
20. Severability. The provisions of this Agreement shwa be severable so that the invalidity. unentrarceability or waiver of any of fie 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 loading or unloading the equipment Customer agrees to assume the risk of r,nd hold Runyon and/or its
employees harmless for any property damage or personal injuries. including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees. Licenses, Permits, Taxes and Fines. Customer shall be 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. 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 Custorer in the event that fewer
days andior miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment. or elsewhere
in the 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, liabilities, damages, injuries. claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited fo any and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion. concealment or unauthorized sale of the equipment by Customer. or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all toss, liability and expense in excess of the limits of liability provided for herein as a
esult 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 term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatcry body having jurisdiction.
26. Delivery /Pick Up. Delivery 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 set up and knock down; of tables and chairs.
If this service 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 desired on delivery, our driver must call for authorization. If time permits, we will
Try to accommodate 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, tables and chairs will be left until the next day when a special
creel can be scli,eduled. There will be an additional one day rental. A knock down fee will result if rental items are still up.
27. Waiver of Jury Trial. Each party waives its right to a fury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains Itc, all disputes :hat may relate to the subject matter hereof.
including, without 'imitation, 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 that this is a waiver of important legal rights and (B acknowledges that
he /shalit has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
28.Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets. traffic tickets, tolls, court costs, attorneys' fees and other charges assessed during the Term in connection with the use, parking, storage, and;
or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us.
29. Trailers and Towing. The customer's responsible for Inspecting and maintaining the frailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees not to tali
any trailer 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 headings used herein are solely for convenient reference and shall riot be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: HE WARRANTY 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 PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFI.IATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OFTHE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
stated in the Runyor.'Retum Policy' when customers return an item or items for credit, a 25 restockiry fee will be charged to your account, plus all applicable inbound and outbound treiyhr? his policy also applies to shipments refused and returned.
A!1 cancellations ^,f whole goods are subject to a 25% (of total invoiced order cancellation fee on in stock items from Runvor:. locations ONLY Return shipping of the product is "of refundable. All parts purchases are non refundable. Any shipment
received in conditions other than brand new will be charged 50,, restocking fee of the total amount. All returns must be properly boxed before they are returned. its the customer's responsibility to report any damagesishortages within 4 8 hours
of receiving the product. Runyon will not accept claims 48 hours aher delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MR.A), Runyon will instruct customers as tg the best means of
returning merchandise. Runyon's MRA's are valid for 30 days after issuance, MBAs are not valid after the 30 da rime limit expires. Runyon will absolutely not under any circumstances, issues an MRA for returns on used or damaged products. Any
freight related damage must be noted on the signed Bi l of Lading AT THE TIME OF DELIVERYThe purchase price at time of sale is tinal.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seller has all necessary right, power and authority to enter into and perform the transactions referenced herein; (b) Seller has good and marketable title to the
Equipment; and (c) on the Transfer Date, Seller will convey the same to Buyer isave only for the purchase money lien. if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of the Purchase Price). Buyer
represents and warrants that; (I) Buyer has all necessary right. power and authority to enter into and perform the transactions referenced herein: (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller; and (m) Buyer has received, carefully reviewed and is satisfied with: all available training, Instructions, operating and
user manuals, and other information (including all training required under applicable OSHA and /or ANSI Standards if any) regarding the proper and safe transportation, use ttartenance. repair and storage of the Equipment.
In consideration of the payment of additional rent classed as "damage waiver 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
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 then II
qrq
property q r9 9 9 P PertY negligence of the Rentee
9
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
EQUIPMBN7 RENtAt 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.PAftMEL F151JER5 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.
3 *1 7 5 66 88 The parties agree that in the event the Rentee violates any of the terms and conditions of this agmemer, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half It 1/2) percent per month added to accounts over ten If 0) days old, reflecting an annual percentage rate of eighteen (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
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, 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 T 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 JOB4 LOCATION TICKET
CARMEL STREET DEPARTMENT 503 PARKS
3400 WEST 131ST STREET Con# 215572
CARMEL IN 46074
Loc 100
SSN PHONE DATE,,, TIME
W (317) 733 -2001 OUT 12/14/11 1:43 PM WH
F (317) 733 -2005
ID #3 PO /JOB RECEIVED,
PARKS DELPH, DAMIAN R TURNED 12/14/11 2:54 PM JP
*FINAL Page: 1
QTY ITEM# T �kS °T�' aa EXT AMT NET AMT'
MIN HOURLYd OVNITE 8=HOUR T DAY WEEK 4, `WEEK
1 5022 -0010 SOD CUTTER 18" 32.00 32.00
$32.00/2 14.00 68.00 68.00 27 0, X 816.00
E�
R
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 32 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 0 00
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM 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 1 60
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X fit„ Addl TAX 0. 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES 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 OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 33 60
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 BILLED 33 60
EQUIPMENT
ELL
a
LEASED BY X IN,( PHONE 14- DEC -11 14:54:25
EQUIPMENT
RETURNED By X 0 0 1C„3 AT It. tf` E RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, VUEL AND ELECTRIC CURRENT. will apply. X IAL
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 opportunity td personally inspect Vie equipment and finds it suitable for its needs and in good condition:., and that Customer understands its proper use, Customer farther acknowledges its
duty t0 inspect the equipment prior to use and notify 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 THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE OR THAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees in assume the risks of and raid Runyon harmless for, property damage and persona; injuries, including death and dismemberment, caused by the equipment andror arising out of Runyon's negligence.
Cuss: mer shall indemnity and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings costs, expenses, damages and liabilities including attorneys fees which relate tp injury or O destruction of
property, or bodily Injury, illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by or claimed to be caused, in whole or in part, by tine eadi meat (eased herein er by the liability or conduct ;including
active, passtve, 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
which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising put of the equipment, or any alleged act or omission by Runyon, and Customer shall be !fable and responsible for ail costs, expenses
and attorney s tees incurred in such defense and /or settlement, judgment or other resolution. In the event that such action: is commenced naming Runyon as a party,. Runyon may elect to defend said action or. its own behalf and Customer agrees
(rat it shall be fable 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 eight (8i hour sh *t. If Customer runs the equipment for over 8
hours in one day, Customer .wi)l `charged for extra ^ours on equipment. One day is 24 hours Or eight (8) hours running time. 1 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 this Agreement will be deemed to apply to ail Equipment Customer may rent or purchase from Runyon. whether on the date of this Agreement or at any time !n the future (except only
as to any Equipment andror other items with respect to which Customer executes a new Agreemert).
6, Prohibited Uses. Use of the equipment in the following 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; (dl Use by an'y'one other thap Customer or its employees: without Runyon's written permission: (el Use at any location other than the address furnished Runyon without Runyon's written permissior.
7, Fuel and Oil Levels. All equipment is full of tue wine, ranted to Customer and must be returned to Runyon full or additional charges will apply. Also use of alternative fuels (Biodiesel, E85, etc.) in R:nyot equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative heel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil levai in the aguipmert is solely the responsibility of Customer.
8, Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall rot be liable for any claims
ro; damage or trespass arising out of the removal of the goods,
9,Tires. Customers totally responsible far all tire repair. It is Customer's optior; ip check over the tires before the equipment leaves arid notify Runyon of any irregularities spatted.
10. Insurance. Runyon's insurance does not cover equipment while in Cusfo ;^ers possession. Customer is responsible for insuring the equipment once it leaves Ruryon's property and and it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT; E AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY
71, Cleaning Charges, Equipment is to be returned to Runyon as clean as when it left, A charge of sixty -five dollars ($65.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment Runyan may assign its rights under this .Agreement without Customers consent, but will remain bound by all obligations herelr:. Customer :May he sublease or lean :he equipment without
Runyon's w.ri "ten permission. Amy purported assignment by Customer is void.
?3. Time of Return. Customer's cq_ht to possession terminates on tre cx 'raLdn at t;._ gent perk ("Duel 'date time) and retention of possession a ?ter this ti e constitutes ra'er'al b °cad° of this Aereement. Tirtre u of the essence in this
neat. Air extersior, must be mutually agreed upon in writing.
14, Late Return. 'Ti le to eeq pn'ert is and sh«: at all times remain. with Runyon, =a turd to re,unn :he, equiprned' by the "Due In" date wil s bje;nr Customer to a charge o: c- onvers on :theft).
15.Time of Payment. 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 Custo :mcr violates any of the farms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of ore and one half (i 1 percent par month added to accounts over ten (t ,')days did, reflecting an annual percentage rate of eighteen (':8) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that it legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17, Waiver. Any 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,
18. Damage Waiver. Inconsideration of the payntsnt of addrional rent class/ led as "darfnagp war €yen' by Cus':orner, Runyon agrees ro, and hereby does, wn ve its right, or any right it might have against Customer, arising front normal damage of the
rental property, normal damage to be determined by Runyon. Cusiorrier shall pay upon return of property rented a sum equal to 5% of renal charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage theft or other gross negligence of Customer. 1 his damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation at the equipment exceeding its
rated capacity. or darnaae to tires, tubes and wheels caused by blovvout, cruises. 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 policy or an agreement to insure. No damage waiver license, safes 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 goods are cut of Runyon's possession. Equipment lost, stolen or damaged
u .ono r.pa .+'rl be paid to: at its current list price onus the cost of rental :gip to the time of reporting the loss or theft to Runyon. cost of repairs will be borne by Cus'emer, whether performed by Runyon:, or, at Ritnyon`s optio o} t ors, at a
chase of sixiy -five dollars S65.0C) per hour plus parts.
20. Severabiiity. he omrvi O Agree'rer: shall be severable so mat the inva' dity, unenforceability or war ver of any of :he provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's emplovees assist in loading or unloading the equipment, Customer agrees to assnn the risk ,)'arid held Runyon and,br its
employees harmless for any property damage Or personal injuries, Including damage and personal injuries attributable to the negligence of Runyon.
22, Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits. Taxes and Fines. Customer shall be 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. 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
clays and/or miles are actually used.
25, Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stared in the equipment, or elsewhere
in the renting location- Customer agrees net to bald Runyon, liable for damages from doom time, ma ±er >e's pr other c nsequertial damages restd ng from the use of the equipment. Customer releases and holds Runyon, its agents and employees
nar: ^less from and against any and all losses, liabilities. damages, injures, claims. costs and expenses arising out o Customer's use or possession of the equipment, including, but not Imited to any and all fines, penalties and forfeitures imposed by
any governmental entity. and, to the extent not covered by Insurance. ary claims or liabilities to third parties arising out of the abandonment, conversion. concealment or unauthorized sale of the equipment by Customer, or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all ions, liability and expense in excess of the 1 mits of liability provided far 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 esn;ployee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra>ime is involved. Our service does not include set up and knock down: of tables and chairs.
if this service is required, arrangements should be made several days prof to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must cap for authorization. it time permits. we will
try to accommodate you after girdling the price. On pick up where no prior arrangements have peen made and rental /ems are no: knocked down and assembled In at sheltered area, tables and chairs wi I be teft unt i the next day when a spec a
ri ew can be scheduled.There will be an addr;ional one day rental. A knock down fee yr :.ii result If rental items are still up.
27- Waiver of Jury Trial. Each part, w aive s is narit to a ury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereaf Thrs waiver pertains to all disputes teat may date to the sublecf matter ho —of.
including w shout !imitatior:. contract, tort, breach p' e -s y and all other ;rormon law and statutory claims, and wil be subject to any exceptions Each party ,A) "understands that this is a war ver of :mportarr local rights and (Bl ackrow edges that
he!she!a has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Apegrdirgly, each party knrnvir;giy, voluntarily, irrevocably and unconditionally waives its;ury trial rights.
28.Tickets, Fines and Penalties. You agree to Idly and promptly pay al! fires, oe no! ties, parking tickets, traffic tickets, tolls. court costs, attorneys' fees and other charges assessed during the Term in connection with the use, parking, storage, and;
possession of the Equipment, regardless at the identity o- the driver of any vehicle You rent from Us.
29, Trailers and Towing. The custorne s responsible far insaec,ing and maintaining the `,railer coupling mechanism safety chains, ail tie douvns pins and ighfs in a safe and secure condi +:o n whille in :hp r possess o Customs as des not to tow
an; ira'e .anted from LESSOR/DEAL =R (a) in a careles or neglce.11 ru nncr, ib) a; excessive speed or ,cn wn _e under the influence of odication, al, ,hdl Or 11110 drugs,
30, Headings. The h g_ used nerew are s r^ b for c vtr'ant reference and shall lot be use„ to codsije affect th r- _r -a cn of to s Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions .oreviously enumerated are inconsistent, then the terms from the Equipmert Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, !NCLUDiNG, WITHOUT LIMITATION. THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL ING OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGE S ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The custorner is liable far a. shipping costs when retuning or exchanging an item to Runyon, unless the product has been damaged during Shipp rig.This policy also applies to rraranty returns. As
stated the Hunyon 'Return Policy.. when. customers return an item or items for credit, a 25 restocking fee will be charged ;c you= account, p(is all applicable inbound and outbound frp gnt h S policy also apples to shipment; retcsp% an returned.
All clancelfilrons rf canoe gores are s.bl.c` to a 215% fat t0tal.rivorcecl order; cancellation fee or in stock items frgm Runyon locations ONLY Return shipping of the product Is not refundable, All parts purchases are non refundable. Any shoment
e:vcd condition, ,her man brand re.ti nil be .urged 50'I restocki.ng fee of the total _amount. .All returns must be droFe silly boxed did on', they are eturned It's the c s >cmers resacns b i1t to rapert any daragcs`hortage wi n'n 4 hours
of ecel ing tlr Prod.,_ u n;on wil; lot accept claims 48 ho urs after •dc iver Runyon will not accept returns rAffiou: a.utmorization. Upon issuing a Morcrrnp!so Part m. Authorization 'MRA), Runyon will instruct cd_fo_ e as t t e bas' means of
at ri r ,_rchand. Rt .y?t's t4 "RA's are vaI t ?'or 3D days niter issciance MRAS are valid after i a 33 c y re lilt'. exp'di s. R.unyor, dill absolu.aly n' it, under a y c:r;a stances. slue air hiRA `or rat ins on used or damaged products. Any
;;eight rela ;ed damage must he noted or t•a signed Bill of Lading AT THE T OF DELIVERY. The p. Ck asa pnce at time of sae is ma(.
REPRESENTATIONS AND WARRANTIES: Sealer represents and warrants that (a) Seller has all necessary right, power and authority tp enter into and perform the transactions referenced herein; (b) Seiler has good and marketable fillip to the
Equlprdl anti (c) or. the'rarsfer Date, Seller will convey the same id Buyer (save only for the purchase morey lien, if any, to be retained by Seller should Seller,, at its sole option, elect to finance all or any portion of the Purchase Price), Buyer
represents a.hd warrants that: Buyer has all necessary right power and authority to enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to buyer in a l respects based on criteria estad, skier.` solely by Bayer gad rot based on any recommendation by S aer and (iii; Buyer has received, care +idly reviewed and is sat with, all available tra instraclors pperatitg gad
user manua s and of r in (inc ding a raining re Fed under applicable OSHA andror ANS, Standards, if any} gird g'tie proper and ,a_ irans;ortat c use, maintenance, repair and stnraee of the Equipment.
In consideration of the payment of additional rent classified as "damage waiver' 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
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 recidess, 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
t>QUIYMENT tZEN7AL 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"el_ F15HERS 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.
31 7 5 66 88 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 (11/2) 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 by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
a
dama resulting direct) or indirect from the leased equipment. The Renter expressly isclaims all warranties, either expressed or implied, including implied
"Don't be a toot Rent one" g g bi N q p N p p g. y p
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 ^JOB LCQCATIQN TICKET
CARMEL STREET DEPARTMENT 503 141ST ST
3400 WEST 131ST STREET Con# 215611
CARMEL IN 46074
Loc 100
SSN,. PHONE DATE TIME
W (317) 733 -2001 OUT 12/15/11 10:52 AM SAF
F (317) 733 -2005
ID #3 PO /JOB RECEIVED 'BY
141ST ST MOFFITT, SAMUEL R TURNED 12/16/11 10:02 AM SAF
*FINAL Page: 1
,QTY ITEM#
EXT 'AMT NET AMT.
MIN HO 8 -HOUR DAY WEEK 4 WEEK
1 1917 -0002 GEORGIA BUGGY 16 CU FT TRACKS 125.00 125.00
$100.00/4 125. 00 1.25.00 500 00 1500.00
5 95 5.95 5.95
1 064144030941 PAM NO STICK SPRAY 0 0
ek
N y
a2
r.
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFn. RENT 125 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative.fuel. SALES 5 95
1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM 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 6.25
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X GIta4 fl J i E Add) TAX 0 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES 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 DAMAGESTO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 137 20
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 BILLED 137 20
EQUIPMENT, e i, CELL
PH", 16- DEC-11 10:14:49
LEASED BY X S
RETUNED By X SUN9U RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, RUEL AND ELECTRIC CURRENT. will apply. X INI
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, Custorrierackrio-viedges that I ll has had an c to personailynspod the equipment and finds it ui able'or;:s needs aid it good conuillort and that Customer urderstar+ds its proper Use. Customer further acsno'w"edges its
duty to inspect the equipment prior to use and notify Runyon Eat- ripment 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 THATTHE 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 and/or arising out of Runyon's negligence.
Customer stall ndemnity and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs expenses, damages and liabilities including attorneys fees which re' to :o injury or tc destruction rif
per perly, or bodily injury, llness, sickness, disease or death of any person (includi ng employees of Customer), and j2; are caused by, or ciairned tv be caused, in whole or Ili pa r;. by the eou pirl'eased herein or by the liability or conduct !in, .,ding
ve assive. prim ry or secondary) of Custnmer, its agent or employees, or anyone for whose acts any of may be liable. Customer shall, at 3s own cost or expense, defend Runyon against all suns or proceed ngs commenced by art re
n avhich Runyon is a named party for v, 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 he c able and responsible far air costs, expenses
and attorney's fees incurred in such defense andlor settlement, ludgment or other resolution- In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its Own beha and Customer agrees
that It shall 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 (81 hours use within a 24. -hour period pf lima. Rental rates for equipment are based on usage during this eight (8) hour shift. if Customer runs the equipment for over 8
hours In one day Customer will be charged for extra hours on equipment. One day is 24 hours or eight t8) hours running time. 16 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 acknotwl edges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and/or other Items with raspacf to which Customer executes a new Agreement),
6. Prohibited Uses, Use of the equipment n the following circumstances Is prohibited and constitutes a breach Of dais Agreement: (a) Use for illegal purpose or in an illegal manner; (b4 Use when the equipment is in bad rape er or is unsafe: (p±
Improper, unintended use or misuse; (d) Use by anyone other than Customer or Its employees, without Runyon's written permission; (a) Use at any location other than the address furnished Runyon without Runyon's written:. permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be, returned to Runyon full or additional harges will apply. Also, use of alternative fuels (B.odiesei, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper of( level in the eG.ap .ent is solely the raspensibl sty Of Customer.
8. Repossession. Upon: a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his deems shall not be liable for any claims
for damage or trespass arising out of the removal. of the goods,
9.Tires. Customer is totally responsible for all fire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance, Hunyon's insurance does not cover equipment while in Cu ^,toner's possession. Customer is responsible for insuring !he equipment once it leaves Runyon's property and until it has been returned to Runyons property and
payment has been raceived. EQUIPMENT MAY ON`{ BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOOATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUST OMERS
RESPONSIBI JTY.
11. Cleaning Charges, Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars S65.001 per hour wff be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may a ssign its sigh's undo this Agreement v'.hout Gusto ,u s consent but will remain bound by :bligatons harem, Cis'omer nnay not sublease or loan the i-owpr^e rt without
Runyon's written permission. Arty purported assignment by Customer is void.
13, Time of Return. C snmers g rt t .ossassldn to mina on the exuralon of the rer' :ai honed Cop i date R tlmo) and r erPon of possess c, after t`.:s itima c r st. J,e_ a lf afer t al breach of t. Add ement is c me essence in this
nt. A yy axt n c,, must vutuali+r ngreeJ Don citing.
14. Late Return. 'Idle to equrpment is ant sh -al a' ail times remiii riunyor. =a tT e to rafurn The e ,t;p *tP b }'the "l,� n I subject! Customer to a charge
15.Time of Payment. Accounts are due and payable at the termination of the rental pcdod.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the CUSte ?'nor violates any of the terms and conditions Of this agreement, Runyon may collect damages together f ^oft; reasonable attorneys fees, court costs and
merest et one and one half (1 %z) percent per month added to accounts over ten (t0) days old, reflecting an annual percentage rate of eighteen It 8) percent. Customer agrees that this agreement is to be construed under file laws of the State of
Indiana and befit legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless othenNise agreed by Runyon and C :ustomer at a later time.
17• Waiver. Any lalure 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.
18. Damage Waiver. In consideration of trip, payment of additional rent classified as `da ^taste waiver' 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 property normal damage to be determined by Runyon. Customer shall pa} upon return of property remed a sum equal to 5% of rental charge. This "damage, waiver' does not include damage or toss of the property as a result Of the negligence
of Customer or in tire- case of abusive damage, theft or other gross negligence a Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use Or operation of the egcpmert exceeding its
rated capacity or damage to tires, tubes and vrheets 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
epresent 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. Customs, agrees fO pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear while the goods are out of Runyon's possession. Equipment lost, stolen Or damaged
bevand recall wi be pad "or at its current list prce plus the cost c rental up, to the tine of reporting the loss or their to Runyon. The cost of repai will ba borne by Customer, whether performed by Rt r cif, at Runycrt's odion, DIV others, at a
ch.arda Of sixty -five r ouarls lG65.00 pro ^.our plus part's.
20. Severabilhy. The provisions of iF:s Agreem„ t _r ail be seveable so ha. ;he an a rc ;i une-morreabi tv or wa rtr of any o. :he ,itovisions stall not affect the reMainng provisions
21, Loading and Unloading Equipment. Gu iomer is responsible for load;r, and unloading equipment, it Rut.yo employees assist in i,.ad ;rg or nloadinc ue .:gaipmen C •,:,'ter g cS to as u tie cis of a.'d hole Runyon a,td ar as
empiO;ees harmless for dry property damage or „erscna! injuries, includ..g damage and personal :c a ries att ibombio to the n g h Of Ru ^vo.i.
22, Property Damage. Runyon is not responsible 'or any damage whatsoever as a result of onthe -job deliveries or pick -up by Ruryon.
23. Fees, Licenses, Permits,Tazes and Fines. Cusfemer shat be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from t: ^e Customers use or operation of the equipment.
24. Charges, Customer shad pay ail 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 -or mes are actually used.
25, Other Liability. Customer assumes all risks from t ^e improper use of the ecwpmP.M Customer is responsible far damages to Customers property or goods in storage or In darsit, or for any property left or slored r. the equipment, or elseovhere
in the rent+ng,ocation. Customer agrees not tc hold Runyon liable for damages from down tame materials or other consequential damages resulting frog. the use of tne aqui moot Customer releases and holds Runyon. its agents and employees
rarmless fro *r and against any and all losses ;abilities, damages, 'injuries. claims, costs and expenses arising out o: Customers use Or possession of the equipment. Including_ bat not i mined to arty and al fines, penalties and fan ,tc es Impos =ed by
any governmental entity. arid. to the extent not covered by surance any c ai^ns or liabilities to third parties arising out oI fhe abandonment conversion, concealment or unauthorized safe ,I .he equipment by Customer, or its agents or employees,
or for the �onf cation of the equipment by any governmental at net Ise of illegal or imprroper use. Customer shall addit hold Runyon harrmess for al( o," liability and expense in excess of the I,..its Of liabitty provldec for he•'ein as a
as It Of injury, dead o property damage arising out of Customers use of the equipment. Neither Customer nor any user of tole egwpmert shall be deemed the agent, servant Or employee of Runyon for any reason or any purpose. Durrng
this term this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26, Delivery/Pick Up, Delivery 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 set up and knack down of tables and chairs.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and lots service is desired on delivery, our driver must call far authorization. It time permits, we will
r+
to ac.,v.::mceate you after quoting Me price On pick up where rte prior auangemer,s have beer ntad2 and rental 'ems are not knocked uO.. -i arid a_se: pled, in one sf chpred area, tabs es atio chai n Le .eft until the next day when a Spec at
es loin be Y,eduled T- ate :Nit be an cold ,,iUnL, On day rer°at A knock k row fee ;n.: result if rental .tests ate soil uco.
27. Waiver of duryTrial. Each part :ra.ven Is right to airy trial of acv ca or cause or action based cn or ansng out of I'll agreement of the sub.ect matte; hereof. i his wa ,,e tarns a dispute .;tat inav relate .e s Ilea matter i .,rent,
including without I mdetior. contract tort, breach of duty., and all other common law and natu :cry claims anc wit no', be s,fn),,,, to any ex e(; ions. Each pa':y fAl understands M al ibis is a ,.G per o -ant. :a ie,a rights and (B, a .k -ov. edges liar
hstfsheilt has hart a reasonable opportunity to discuss this waiver and 3s e tests with legal counsel y- According each party krow ugly, _gluntariy irrevocably and urcofiditionall; waives its Pury a a; rights,
28- Tickets, Fines and Penalties. You agree to fully and promptly pay all fries. pena -ties, parking tickets traffic tickets, tolls, court costs, attorneys' fees and other charges assessed curing the arm in n erection with the use, parking. s,oiage, and
or possession of the Equipment regardless of the identity of fhe driver of any vehicle You rent from Us.
29. Trailers and Towing, -he cusiomer is respons Ile for inspecting and maintaining th trailer coupling mechanism, safefL chairs all tie .o:: s. pins and' :ghts' a sate an, secure condition while in th,6 Po G stop r, gre s not tore
an tra see ranted fro LESSCR; J n ER fa) Ir a careless cr r. ,Ifyant marl— ib a she qpeefj of i i e icier t uence or "red "r,inr ""o L yr ,sir r- ugs.
34. Headings. The hrt admcs used menhr, arc S016 fcr a? ...e,.t refers u and sr<, nom, !;e used to O: .f: e of .:act t;;- :er.r.tati. n t t i t :s Agreement
ADDITIONAL TERMS AND CONDITIONS FOR SALES
411 sales are also governed by the pa Ecd prrcrit Purchase Agreement 1; the Equpment Purchase and the Tee :s and Condit ohs previously enumerated are inconsistent then the terms from the Equipment Pt r.i.usa Agreement prevail.
AS -IS NO WARRANTY: THE t"JARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR iivi l-fED WARRANTIES, INCLUDING WITHOUT UMITA7101N, .THE i10PUED
VJAP,R.ANTIES 0: MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES. ARE EXCLUDED FRO:fvl THE SALE OF THIS EQUIPMEtiT. RUNYON ECUIPMENT RENTAL INC OR AFFILIATED COMPANIES Wit, NOT BE Li.4BLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR PELA =D TO THE SALE Or HIS EQUIPMENT TO CUSTOh,'E±, REGARDLESS OF WHETHER SaCH IAG S ARISE
UNDER I H iES 01`1 riE LAW OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS: I he c. :sto e 's ia de r all shi ping costs returning or exchanging an item to Runyon, unless the prod .c' has been Damaged durin shtpang,Th s c ol c; a. o copies lc v a,rani, returns. As
stated in the Runyon 'Return Policy." whor. customers retum an itor", or items for credit a 25 restocking fee will he charged to your account, plus all applicable arid foeght This policy a -so applies to shicirl c f:, _h are relumed,
Ail canrollaJous of ,whole goods ar_ sift, tot to" to` total: ro cr d d_r' ancerlatron fee on rn sfoca stems from Runyon locations ONLY. Return shipping of the prcdtict _s of efunda I: AP pats purchases a ron recur ale. Any slpipme,m
in �orrditio.t., char than .,rang crew will be cnarced tote iesloaang fee of the total arnOun All returns must be Drapery boxed before they are returned. Its the cus'cmer3 rtes: r s bitty o r r uny da :aLo_ _hurmue +within 48 h irs
of recerv:,. .i he prodao_. Runyon wil ac claims 49 hours after oe:' P y Rini.n wlll not accept re ,u ns :bi.hou, author flat Upon issuing a, M.rcaandlse Return- Aulto, i aeon (MRA). HonyOr :.,Ili i st t ct CLS:uInarS as to the bcst rne... s of
return me. rhand.se ?:nycn's h RAs are valid f d v dr after ssuarlee, N iAc are not vaho after 30 d, fin limit ex ,Tres- Rxrn}r,r ,lilt aosO :el ncrr. Lind, r any circorn l ,n. e a;. Pi t, RA for r nn sec; or Dama products. Any
ht relaiccc dam g,• mu,,f be oi..d c. the I,nod B. of t adi. g =T �N =TIP: E OF DELi', rRY.T pu cd g lee at ,.me t silo s final.
REPRESENTATIONS AND WARRANTIES: So.:er represents and warrants that IA Se- er has all necessary light, povrer and authority to enter nto and perform the transactions referenced herein. (b) SeI er has good and ma keta .e title to the
Equlj)ment and c) or .he Transfer Date Sel er vii conve role Same to to Bever (save -only for the purchase money lien, if any, to be retalnea by Seller should Seer at its Sate option, elect to finance all or any portion of the Purchase Price), Buyer
represers and warrants that: (i) Buyer has all necessary right, power and authority to enter into and perform the transact ;d-is referenced herein, (iii Buyer has selected and carefully inspected and examined the Equipment and round the same to be
acceptab e to Buyer In ail respects based on cu ter a as'abl spec saplv by Bu.ver and not based on any recommernda;ion by Sel'er and ii Buyer has received, carefully revre ;,ed and is satisfied vv t i, all avellable haintnQ, nstn ct o s, operating and
sell manue„ s ano other mf.,rn;atl,r trnNudln, I ;rai, ire r •qui ed uint,e, .paL able D. Ha andicr ;5: S. art:ards. If any) d:ng'he proper ahrl sad ,rays.„ at t u;a, rsr nee utpar and s'Oraga of the Eq iipmer:
In consideration of the payment of additional rent classified as 'damage waiver 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
ArA 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 reddess, 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
6QUIPMEN7 REN'CAL 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
GARMEL FISHERS 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.
317 566 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 reasonable attorney
fees, court costs and interest of one and one haH (11/2) 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 by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't 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 lt 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 JOB LOCP,TIbN TICKET
CARMEL STREET DEPARTMENT 503 MAIN ST LIONS CLUB
3400 WEST 131ST STREET Con# 213399
CARMEL IN 46074
Loc 100
SSN t PHONE.: DATE TIME
W (317) 733 -2001 OUT 11/16/11 2:20 PM WH
F (317) 733 -2005
ID #3 PO/J013, RECEIVED �BY
MAIN ST LIONS CLUB HOBBS, JAMES A UE IN 11/17/11 2:20 PM WH
CONTRACT Page: 1
QTY ITEM#
e, EXT AMT NET AMT
MIN HOURLY OVNITE :8 HOUR DAY
WEEK 4 .WEE K
1 5402 -0002 SOLAR SIGN BOARD TELESCOPIC 165.00 165.00
$165.00 /D 165.00 165.00 660 _0.0 ,1�9 a O.00
Rental Note(s) DO NOT EXCEED 55 MPH WHILE #TOWING ILER X
fi
a�
r
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT).
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipme ental, equipment is PROHIBITED.
Customer is lgA DING ages s th sult from Iternative fuel.
I HAVE BEEN INSTRUCTED DEMOH F P ER OP I F THE ABOVE EQUIPMENT AND I
FULLY UNDE86NDTHOSE INSTRU T I R N RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL NOT P THI ANY OTHER PERSON. I S
UNDERSTAND THAT GIVING OR LEN FOR ANY REA N IS U THORIZED
BY RUNYON EQUIPMENT RENTAL. ILi NrcrllRE
THE UNDERSIGNED, HAVING ®REA T D THE ABOVE, HEREBY AG REES TO RE HE ARTI LES NAMED ON
THE TERMS AND CONDITIONN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS PLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EM ESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUN 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 OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAY T ON FILE SAT I QUI MENT REPAIR. LABOR TE CHARGED AT $85 AN HOUR.
EQUIPMENT���/ CELL
LEASED BY X ���//J�/"/ 44' ���QQQf(C' a 4. PHONE 16 NOV 11 14:23:17
EQUIPMENT
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
r
E REF FOR UT NO TIME US ED. 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 )ITIAL
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 opportunih to personally inspect the equipment and finds it suitable for its needs and in good condition and that Customer understands its proper use. Customer further acknowledges its
duty to inspect file equipment prior to use and notify Runyon Equip ^tent Rental Inc thereinafter "Runyon') of any defecis.
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, ORTHAT
IT iS FREE FROM DEFECTS.
3, Indemnification. Customer agrees to assume th= risks of. and hold Runyon harmless for, property damage and personal injuries, including death and dismembermeni. caused by the equipment and+or a !sing out of Runyon's negligence.
Customer s Tali indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorneys fees which (1) relate to injury or ill destruction of
proper' of bodily injury, illness, sickness, disease or death or any person (including employees of Customer;, and (2) are caused by or claimed to be caused in whole or in part, by the equipment leased herein or by the Lability or conduct (induding
a^five, 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
6 which Runyon is a named party for which Runyon is alleged to be liable or !esponsiNer as a result of or arising out at the equipment, or any at god ac or omission by Runyon, and Customer shall be ?fable and responsible for all costa expenses
and attornev's fees incurred in such defense arid for settlement judgment or other resolution. In the event that such action is commenced naming Runyon as a party. Runyon may elect to defend said action on its own behalf and Customer agrees
at It shall be -ble for all costs, expenses and attorneys fees incurred by Runyon in such defense.
4. Rental Charges and terms. Equipment with hour i
1 stars is allowed eight (8) hours use within a 24 -hour period of time. Rents, rates for equipment are based on usage during this eight f8) hour shift. If Customer runs the equipment for over 8
hours in one day Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours mm�ing time in 24 hours= a 3-day charge.
5, Future Rentals, Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.. whether on the date of this Agreement or at any time in the future (except only
as to any Equipment sdfor other items wilt respect in which Customer executes a new Agreement).
8, Prohibited Uses. Use of the equipment in the following circumstances is prohibited and corstitutaS a breach of this Agreement: (a) Use for illegal purpose or ill: 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 than Customer or its employees, without Runygn's wrttan permission; (e) Use at any location ether than the add ass furnished Runyan without Runyon's written permission.
7, Fuel and Oil Levels. Ali equipment is full of filei when anted to Customer acid must be returned to Ruryon full or additional charges will apply. Also. use of alternative fuels t6iodlesel, E etc.) in Runyon equipment is prohibited. Customer is
fable for all damages and repairs that result from a4arnative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil leveli in the equipment is solely the responsibility of Customer.
8. Repossession. upon a failure to pay rent or other breach Of this contract.. Dealer may terminate this contract and take possession Of and remove the gocids'tam wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the remove: of he gods.
9.Tires. Customer is totally responsible for all fire repair It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities sinned.
10. Insurance. Runyon's insurance does not over equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property arid
payment has been iaceived. EQUIPMENT M.Nr` ONLY BE RETURNED DURING NORMAL BUSINESS HOURS ANY EQUIPMENT LEFT A' RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUST:Oh1ERS
RESPONSIBILI Y
11, Cleaning Charges, Equipment is to be returned to Punyon as clean as when it let. A charge of sixty-five dollars (565.00) per hour will ba charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customers consent, but will retrain bound by air obligations herein. Customer may not sublease or [car) the equipment w inouf
Run'. n's :written: permission. Any purported assignment by Customer is void.
13.Tfine of Return. G sarners rci t it pose.,; on te. minates on the expiration of t`e rental perice ('Due Ill` ate °e) and retention of possession after this time constitutes a material breach of this A lame Is of the essence in this
-treat Any exte. o c must he muGUaPy agreed upon 1, waiting.
14. Late Return, Title to equipment is and shat: at all times remain, with Runyon, Failure to return the equipment by the "Due dale wit. "uibject Customer to a charge of conversion (theft.
i5,Time of Payment. Accounts are due and payable at the termination of the rental period.
18.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 with reasonable attorney's fees, court costs and
merest of one and one half f1 b2) percent per month added to accounts over ten (1C) days old, reflecting an annual percentage rate of eighteen t18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
indiar a and that if legal action is broughi to enforce this agreement, that Hamilton County Indiana. shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17, Waiver. Any 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.
18. Damage Waiver. In consinfatfon Of the payment of additional rent classified as'damage waiver by Customer, Runyon agrees to, and hereby does, we've its right, or any right it might have against Customer, arising from normal damage of the
anfai property, normal damage to be determined by Runyon. Customer shall nay upon return of property rented a sum equal to 5% of rental charge. This "damage waiver' does not include damage or oss of the property as a result of the negligence
of Cuatoer or m the cast of abusive damage, inch or other gross negligence o`: Customer. This damagz waiver shall not apply to reckless careless or abusive operation or use of the equipment. use cr operation: of trio zquipmem exceeding its
!n
rated capacity, or damage to fires, tubes and ,wheels caused by biowout, ion: Ses, 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
represeni an irsurance policy Oran agreement tp ir:sure. 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 ig pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Pumyon's possession. Equipment lost, stolen or damaged
beyond repah wLl be paid for at its current list price plus the cost of rental up to the lime of reporting the loss or theft 10 Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, Or, at Runyon's option, by others, at a
charge of sixty -five dollars ;365,00) per hour plus parts.
20, Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceactity 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.`, employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and/or its
en p oyees ?armless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22, Property Damage. Rar,yon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any Peas. licenses, permits taxes or fines, required by or resulting from the Customer's use or operation of the equiprneni.
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 %or miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use o- the equipment. Ct stoner is responsible for den agzs to Customer's property or goods in storage or in transit, or for any pi opetiy let or stored in the equipment, or eisawhere
i n the renting location. Customer agrees not to hold Runyon liable for damages from down i me, materials or other consequential damages resultng from the use of the equipment_ Customer releases and holds Runyon; its agents and employees
harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses arising our of Customer's use or possession of fie equipment, including, but not limited to any and as fines, penalties and forfeitures imposed by
any govemmental entity and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealrnent or unauthorized sale gt the equipment by Customer; or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
asu t of injury death or pr ^pert' damage arising gut 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 feint of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. DeliveryfPick Up. Delivery is made io closest point truck can park. Extra charges will result In deliveries to upstairs, elevator use orally point where extra time is involved. Our service does not include set up and knock down: of tables and chairs
if this service is required, arrangements should be made several da•rs prof to delivery ;ith a special charge quoted. if no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will
ilv to ace rTnoda'o you after quoting the price Or pick up where no prior arrangements have been made and rent I !'.erns are not knocked down and assembled ran one sheltered area, tables and chairs wit be 'Ptt until the next day wren a special
crew sari be sdaduteci. These will be an addiiionai one day rental. A knock down fee will result if rental items are still ;rip.
27. Waiver of .fury Trial. Each party waives lis 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 waiver pertains to al disputes trial may elate to the subject matter hereof
nekiding, 4althoc;i rmitarigr contract, fort, breach of duty, and all crier ggmrfor: law and statutory claims, and will not be subject tg any exceptions. Each par y ;AY understands that this is a'r:aver of Important {age! ngl ?is and (S) ackno y "edges that
heishe'lr has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
28. Tickets, Fines and Penalties, You agree to fully and promptly pay all fines, penalties. parking tickets, traffic tickets, tolls. court costs, attorneys' fees and aihzr charges assessed during the 'term in connection with 'he use, parking. storage., and,
or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us,
29. Trailers and Towing. The castor ±ter is responsible f or Inspecting and maintaining the trailer roupl!ng mechanism, safety chains. all tie downs, pins arid lights ill. a safe and secure condition while in their possession, Customer agrees rapt to town
any tra fe rented troy LESSOFUDEALE R (a; in a care�ess ^.r nog igent rani tbl axce rive of e d or ,c; wn e ucdar fY a Ic`Ipenca of .,e ca'.ipn. alcohol, gr dli,it urgga
30, Headings. `he lr <d. ys us d hefem re n. 'or cc .Gran, ,creT.c rC and shall not be used 1„ o _i'c fiflecl it; 4 r„ re-atlu? of in Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent then. the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLCABLE TO THE EQUIPMIENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, :NCLJDiNG WITHOUT LINII:ATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR .AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY .SPECIAL. hINCID NTAI. OR CONSEQUENTIAL DAMAGES ARISING OuT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOhfE'-?, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER HEOR :ES OF THE _AN,' Or ,CON FR.AC ?S OR TOP
RETURN POLICY FOR PURCHASED ITEt1S, Tnecluslorner.s.iablp to t, snipping costs wf?er.. or exchanging all item to Runyon:, unless the product as rza °t damaged dun. s 'pping.TLs policy also a. In `c waraoty sums. As
stanedir the aunyor Re u: n Policy' ether customers return an item or items or. °edit, a 25 restocking fee wilt be charged to your account, pus all applicable inbounc and outbound :reig ?t_ his policy also applies to shipments refused and rzt_rned.
All cant l!atccs of 1 g t s ar b i oc l ,t a 25 (of!o adcag troop ca fee -on in stock items from Runyon locations ONL'f. Reium shipping oft the product Is not rotunda All parrs purchases are non refundap e Any shipment
vet .cendirio s c .hall: u.ano nelli will be rrstocking fee of ,he total amount All returns must be properly boxed before they are returned It's ;he cus:Lrner's resins d t :n report any damages'short, des psithin 48 hours
rf ruse, nb r �r, rlioddri. Runyon wil not _cca clairne 48 tours after 0 0vo�tv. Runyon will not accept returns without authorization. Upon issuing a Merchandise eturr Au*ft ation WRA7, R unyon vii rstruCtCusto as ro the best meara of
g r ^erchanr s., Runyon s IA RA's tm -.pfd .o. r K days af'er issuance, f.1RAS are not val id after the 30 Day [imp i nit exn res Runyon will absolu eiv n;, under cry arcun she „es, :s.:.e an MRA for •et,rns on used or damaged products. Any
right related damayc mist he r• rid or. the signed B of Lading ATTHE Tlh ^E OF DELVERY TFe purchase once at time of sate is final.
REPRESENTATIONS AND WARRANTIES: Se e rep rise is and warracis that: (a; Se loll has all necessary right, paver and authority to crier nta and peddn; the transactions referenced herein; (b: toter has gpgd and mars f p`e lute to the
I u prrient, and Ic) on ,he 'ra isfer Date, Se! ell viill convey the sa ^:e to Buyer (save only file puronase money ;Ian, if any, to be retained by Seller should Seller at its sole option elect to (na) ce all or any portion of the Purchase Price). Buyer
epresens and warrer:.fs that (ii Buyer has all necessary right, Power and aut?ori r *:g sate= into and perform the tiansacli vns referenced here +n; (ii) buyer has selected and Catefuliy inspected arc! examined the Equipment and found the same to be
acc peck to Buyer In all rspecs based on criteria established solely by Buyer and not based on any recommendation by Seller; and (ill) Buyer has received, carefully reviewed and is satisfAd with, all available training, instructions, operating and
ter manuals, and of Lull nferMa i„ n tin uddmg ai. naming required undo applicable OSHA andior.ANS. Standards, if any' regarding the proper and safe trarsbcr,at:or, use, n a iteriance repair and storage of fie Equipment.
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 service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
01/22/11 $606.55
12/26/11 $2,079.00
12/30/11 $77.80
12/30/11 $45.37
1 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
20
Clerk- Treasurer
VOUCHER NO. WARRANT N
ALLOWED 20
Runyon Equipment Rental
IN SUM OF
410 W. Carmel Drive
Carmel, IN 46032
$2,808.72
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members
2201 43- 530.99 $606.55 1 hereby certify that the attached invoice(s), or
206 Q 42 370.01 $2,079.00
bill(s) is (are) true and correct and that the
2201 42- 311.00 $77.80
materials or services itemized thereon for
2201 42- 370.00 $45.37
which charge is made were ordered and
received except
7 Tuesday, Jefn ary 03, 2012
3
Street Commission'e'r
/v
Street Gc,T issioner
Cost distribution ledger classification if
claim paid motor vehicle highway fund
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R U N�O N 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
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 reddess, 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
6QUIV IZEN7AL 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
04W6L. FISHERS INDIANAPOLI5 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.
31 7 566 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Reiter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half (11/2) percent per month added to accounts overten It 0) days old, reflecting an annual percentage rate of eighteen (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
a
dama resulting direct) or indirect from the leased ul ment. The Renter expressly disclaims all warranties, either expressed or implied, including implied
"Don't be a tool Rent one g g bi N e quipment. p N p p g anY p
warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for t 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 JOB LOCATION TICKET
CARMEL WASTE WATER 9855 PROPANE
760 3RD AVENUE SW Con# 215411
SUITE 110
CARMEL IN 46032 Loc 100
SSN PHONE DATE TIME
H (317) 571 -2634 'OUT 12/12/1 71 3 PMISA:F
F (317) 571 -2636
ID #3 PO /JOB RECEIVED BY
PROPANE STUBBS, CHRIS 12/12/11 4:00 PM
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN. HOURLY 'OVNITE 8 -HOUR DAY WEEK 4 WEEK
2 101 PROPANE 30 POUND REFILL 2 -0.90 41.80 41.80
s
~I _4/
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SUB IECTM A OMGE OF CONVERSION (THEFT} RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. SALES 41.8 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 AND I OTHER 0 00
FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM 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 Addl TAX 0
BY RUNYON EQUIPMENT RENTAL. X SIUIVA.7URE
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES 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, 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 80
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 BILLED 41 80
EQUIPMENT
LEASED PRINT N CELL
LEASED BY r` II�1 t PHONE 12- DEC -11 16:00:33
EQUIPMENT
RETURNED BY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. 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 iN JAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfrrnrtinne unlace Rrrnunn Fnriinmant Rantal hne haan nntifiarl 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 condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notity Runyon Equipment Rental Inc (hereinafter "Ruryon of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EOUIPMENT 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 andor arising 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 attorney's fees which (1) relate to injury or tg destruction of
property, or bodily injury, illness, sickness, disease or death of an y person (including employees of Customer), and (2) are caused by, or claimed to be caused. in whole or in part, by the equipment eased herein or by the liability or conduct (including
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 resulf of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense andlor settlement, judgment or other resolution. In the event that such action: is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be 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 time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 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 this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at 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 following 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 repel, or is unsafe; (c)
Improper, unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must tie returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) In Runyon equipment is prohibited Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.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 spotted.
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 Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OT HER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (865.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer ma, riot sublease or loan the equipment without
Run, on's written permission. Any purported assignment by Customer is void.
13. Time of Return. Customer's right to possession terminates on the expiration of the rental period "Due !n` date R time) and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence in this
Agreement. Any extension must be mutually agreed upon in writing.
14. Late Return. Title to equipment is and shall ai all times remain with Runyon. Failure to return the equipment-by the "Due In" dale will subject Customer to a charge of conversion 'theft).
15.Time of Payment. 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 with reasonable attorney's fees, court costs and
Mieresi of one and one half If 'h) percent per 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
Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any 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.
18. Damage Waiver. In consideration of the payment of additional rent classified as "damage waiver" 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 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 of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence 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, 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 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 today for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
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 of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others. at a
charge of sixty -five dollars (565.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability 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 loading or unloading the equipment. Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
23. Fees. Licenses, Permits,Taxes and Fines, Customer shall be 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. 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/or miles are actually used.
25, Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the 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, liabilities, damages, injuries. claims, costs and expenses arising gut of Customers use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, add, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability 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 term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery 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 set up and knock down of tables and chairs.
If this service is required. arrangements should be made several days prior to delivery ;with a special charge quoted. l no arrangements are made and this service is desired on delivery, our driver must call for authorization. It time permits, we will
Iry to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked do:vn and assembled in one sheltered area, tables and chairs will be left until the next day when 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 Jury Trial. 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 ,natter hens his waiver potions to al disputes that may relate to the subject matter hereet,
I: .n la ^i t^ tl h s fir. e 1
;ngludin_ th,,ut :itatin contract. tort, breach of duty. and all oche, cc•Tmc ,_w� rl statutory c a�r�. and wilt nn! be s.:. eveepucn C _.acn pa ^y (Al ,.ndersianos t i r_ is a ..�2r .,f rip r Lqa r u,is aril iB, orv•2dges tnat
ncish0t nas nad a reasonabe opporft pity to dsccss this ai of and its effects th I, gal our3ei Accordmgiy each par'; lun,ary. rRevcrap'p and uni ,r citvnad tvawes its i r} tt a;
28.Tickets, Fines and Penalties, You agree to f r'., and promptly pay all f.aes pe .a ,s parking ckols, traffic tickets tolls, court costs atol neys' fees and other arq, s asse �d _u ring the lumn in c n, ;action w',h the use. parting, storage and
or possession of the. Equipment. regardless of the identity 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, ail tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees not to tow
any trailer rented from LESSOR/DEALER (a) in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of medication, alcohol or illicit dugs.
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.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then: the terms from the Equipment Purchase Agreement prey
AS -IS NO WARRANTY: THE WARRANTY 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 PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL 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 OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OFTHE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
stated in the Runyor.'Return Policy," whey, customers return an item or items for credit, a 25% restocking fee will be charged to your account. plus all applicable unbound and outbound freight. This policy also applies to shipment=_ refused and returned.
All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
eceived in conditions other than brand nevv will be charged 50% restocking tee of the total amount. All returns must be properly boxed before they are returned. It's the customer's responsibility to report any damages /shortages within 48 hours
of receiving file product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA). Runyon will instruct customers as to the best means of
rafurn.ng merchandise. Runyon's h':RA's are valid for 30 days after issuance, t :•':RAs are not valid after the 30 day time lini expires. Runyon will absoluldy not, under any circumstances, Issue an MRA for returns on used or damaged products. Any
freight relataa damage must be noted on the signed Bill of Lading A71 THETIME OF DEl IV'ERY-The purchase price at lime of sale is final.
REPRESENTATIONS AND WARRANTIES: Seiler represents and warrant that: tai Seiler has all necessary right, power and authority to enter into and perform the transactions referenced herein: (b) Seiler has good and rnarferabie title to the
EquiprnenC and (c) or, the Transfer Date, Seller will convey 1he same to Buyer (save only for the purchase money lien, if any, to be retained by Seller should Seller. at ifs sole notion, elect to finance all or any portion of the Purchase Price). Buyer
represer.:s and warrants at (u Buyer has all necessary rigi ,,:wer and authority t. ;titer' into and perform the transactions referenced herein, (it) Buyer has selected and care ail; inspected and :exarn red de Equip :r.ent and °and the nano to be
accepts .d to Buyer in a I respeC.s based on criteria estab; shed solely bd Buyer and not based on any recommendation by Seiler: and fit) Buyer has received, carefully reviewed and is satisfied with. all available tr .r. r g, instruct nns operating and
ew manuals, and of _r fo arbor uncluding al training tegMod under applicable OSHA and /or ANSI Standards. if arty) egarding the proper and safe transportation. use, rarrtera ^ce roman and ih ,uipment.
Prescribed State Board of Accounts ACCOUNTS PAYABLE VOUCHER
Form No. 301 01 -S (Rev. 1995)
TO
ADDRESS
Invoice Date Invoice Number Item Amount
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services
itemized thereon for which charge is made were ordered and received except
1 19
Signature Title
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.
Officer Title
Voucher No. Warrant No.
ACCOUNTS PAYABLE DETAILED ACCOUNTS
SANITATION DEPARTMENT ACCT.
CARMEL, INDIANA NO.
Favor Of
RkNYoti
Total Amount of Voucher
Deductions
12 .7 20A
CIS
ob
Amount of Warrant
Month of 19
VOUCHER RECORD Not
Collection System
Operation
Plant
Commercial
General
Undistributed
Construction
qW
Depreciation Reserve
Stock Accounts Merchandise
Total
Allowed
Board Members
Filed
BOYCE FORMS SYSTEMS 1- 800- 382 -8702 325
In consideration of the payment of additional rent classified as "damage waiver" by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
A_ 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
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 warier 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
EQUIPMENT REN AL 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
GARMBI- fISHERS INDIANMI -15 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.
31 7 566 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 reasonable attorney
fees, court costs and interest of one and one hag (11/2) percent per month added to accounts overten (10) days old, reflecting an annual percentage rate of eighteen (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
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't 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 ;JOB `LOCATION TICKET
CARMEL WASTE WATER 9855
760 3RD AVENUE SW Con# 214547
SUITE 110
CARMEL IN 46032 LoC 100
SSN- PHONE DATE: TI ME
H (317) 571 -2634 OUT 12/01/11 10:12 AM
F (317) 571 -2636
ID 4 3 PO /JOB: r` RECEIVED, BY
LAFOLLETTE, GARY R TURNED 12/02/11 3:22 PM SAF
*FINAL Page: 1
QTY,, ITEM# EX T AMT NET AMT
MIN 'HOURLY.'-OVNITE: 8 -HOUR DAY WEEK 4 WEEK
1 0302 -0000 POINT CHISEL LARGE 8.00 8.00
$8.00 /D 8.00 8.00 8 00
1 8384 -0023 HAMMER XL DEMO ELEC 130.00 130.00
$55. 00/4 65...00 65x �00 000 780.00
ME EQUIMENT IS NOT RETURNED BY "DUE N' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT) RENT 13 8 0 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 0 0 0
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 0 0
FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM 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 6 9 0
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SIGN1rPME Addl TAX 0 0 0
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES 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 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 14 4 9 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 TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 14 4 9 0
EQUIPMENT l a m S ��g CELL
LEASED BY X 6 PHONE 0 2 DEC -11 15 2 6 4 8
EQUIPMENT g
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE H R E F R TIME UT N T TIME U ED. 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 A;
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon EauiDment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1, Inspection. Cusiomer acknowedges that it has had an opportunity to personally inspect i'no equipment and finds It suitable for its needs and in good condition, and that Customer understands its proper use. Cus erner further acknowledges its
duty To inspect the equipment prior to use and notify 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 assure the risks cf. 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.
Cus Omer shall indemnify and defend Run ✓or against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorneys fees which (t) relate to injury or to destruction of
property, or bodily injury, thess, sickness, disease or death of any person (including employees of Customer), and (2j are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
sci ve, passi•.e, prirnary 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 ail 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 o or arising ou! of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorneys lees incurred in such defense and'or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party. Runyon may elect to defend said action or.. its own behalf and Customer agrees
;hat ft shall be liable for all costs, expenses and attorneys fees incurred by Runyon ir, such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (,8) hours use within a 24 -1101Ir period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. if Customer runs the equipment for over 8
hours in are day, Customer will be charged for extra hours or equipment. Ore day is 24 hours or eight (8) hours running time. 16 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 this Agreement will be deemed to apply to all Equi.Dmeit Customer may rent or purchase frog? Runyon., whether on the date of this Agreement or at 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 fo:owing circur?s':.ances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner: (b) Use when the equipments in bad repair or is unsafe; (c)
improper, :unintended use or misuse; (d) Use by anyone other ,hat. Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer arid must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodie =el, E85, etc.) in Runyer: equipment is prohibited Customer, is
able for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the esponsibility of Customer.
8. Repossession, Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession ^.f and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.15res. Customer is t0taily responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any iragularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customer; possession. Customer is responsible for insuring The equipment once it leaves Runyon's property add until it has been 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 THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
lit. Cleaning Charges. E ;g!ip? em is to to returned to Runyon as clean as when it left. A charge of sixty -five dollars ($65.00) per hour will be charged for cleanup.
12, Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by ail obligations hereir. Cusiomer may not sublease or loan the equipment without
Runyon `a written commission. Any purported assignment by Customer is vicid.
13.Time of Return 'Custo Pr's raht to Possession terminates on the expiration of tie rental period "Due ;n' date 8 time) and retention of posOesson. possessor a this time constitutes a material breach of This .Agreement Time is of the essence ar this
Agreement Any axiensior must be muti!ali., agreed upon it writing.
14. Late Return. Tdle fo equipment is and I" J at all times remain with Runyon. Fa lure to return the equipment by the "Due In' date will subject Customer to a crane or conversion (Idefl).
15.Time of Payment. 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 with reasonable attorneys fees, court costs and
interest, of one and ore half ft Y' percent per 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
Indiana and ,hat f'-gal action is brought to enforce this agreement, that Hamilton Country, Indiana, shalt be the jurisdiction and legal venue for said action., unless otherwise agreed by Runyon and Customer at a later time.
17, Waiver. Any 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.
18, Damage Waiver. In consideration of the payment of additional rent classified as 'damage waiver 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
ental property, normal damage TO be determined by Runyon. Customer shall pay upon return of property rented a sum equal to of renal charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence 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 b)owout, 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 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 t0 pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repair :vii: be paid for at its current list price pins the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon., or, at Runyon's option, by others, at a
charge of sixty -five dollars (S65.COj per hour plus parts,
20, Severability. The provisions of this Agreement shall be severable so that the invalidity, unenfor teability 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 loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon andror its
employees harmless for any property damage or personal injuries, including damage and personal Injuries attributable to the negligence of Runyon.
22, Property Damage. Runyon s rot responsible for any damage .whatsoever as a result of on- the -job deliveries or piok -up by Runyon.
23, Fees Licenses, Permits,Taxes and Fines. Customer shall be 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. Customer shall pay all charges required under this Agreement upon demand. Customer agrees `hat mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and,or m: are a ,-dually used.
25. Other Liability, Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in Transit or for any proper:, left or stored in the equipment. or elsewhere
r: the rent :g location. Customer agrees not to hold Runyon !:able for damages from down rime, *rater ais or other consequential damages resultng from the use of the equipment. Customer releases and holes Runyon, its agents and employees
armies_ rom and against any and all losses, liabilifses. damages, injures claims. costs and expenses arising out of Customer's use or possession of the equipment inc uding. part not limited to any and art fines, penalties and forfeitures imposed by
any governrr;enta entity, and, to the extent not covered by insurance, arty clams or liabilities io third parties arising out of The abandonment, conversion, concealment or unauthorized sale of the equipment by Customer or its agents or employees,
or fgr the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
rasuif of injury death or property damage arising cut of Customer's use of The equipment- Neither Cusiomer 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 term of INS Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26, Delivery /Pick Up. Delivery 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 set up and knock down: of tables and chairs
his service is required, arrangements shg.ild be made several days prior to delivery with a special charge quoted. It no arrangements are made and this service is desired on delivery, our driver must call for authorization, if time permits, we will
L y to accommodate you after quoting the price. Or 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
crew can be scheduled. There wilt be an additional one dal rental. A knock doom fee will result if rental items are still up.
27. Waiver of Jury Trial. Each party waves TS right to a jury trial of any claim gr cause, of action based on or arising nut of this agreement or Thar subject matter hereof. This waiver pertains to ail disputes that may relate to the subject matter hereof
reludin w .hc t limitahor ecnfragt tort, bren h outs and all other co.mmot aw and statutory claims, and will not be sublec; =o any exceptions Each party IA) understands that this is a waiver of :mportarteaa r'ahts and (En acknaw edges that
ire /she rf has had a reasonable opportunity to discuss waver and 1s effects w legal counsel Accordingly, each party kro niy, voluntarily, irrevocably and unconditionally waives its cry `rial rights.
28. Tickets, Fines and Penalties You agree to rally and pro, pity pay al Pena: s. park ?q ekets traffic ti, he "ofls. court costs, attorneys' flees and other charges assessed dur ng ;he Term In connoct.on. wl h ;he use, parking, storage, a?dr
c; ,!ass scion of tnu t wp ..chi- regarc!ess of 'he d n�iip :he dryer of acv v nice You rent from Us.
29.Trailers andTowing.Tnc Gusty responsible for insve ring arid mafntain«ng ine .railer cou lino n?ech n sm safety chairs all ve downs, pins and .�ghts n a sat.; and sec!ra condition hfl :in ,heir possession. Customer agrees ^ot'^ for:
any va e. rented iron? LESSOR.DEAL- (a; in a careless or ricggent manner (b) at excessive speed or j) while under trip influence of edication, alcohol, or il:i it drugs.
30. Headings. 'ilie headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretaiion of this .Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by The parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconssteni,,hen time terms from the Equipment Purchase Agreement preaall.
AS-IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, iNCLJDiNG NJITMOUT LIMITATION, THE lfrLPLiED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR .A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUN'YON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SA .E OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAt "J CF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer's liable for ail shipping costs whey returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns, As
sfafed ir. the Runyon "Return Policy" whey customers return an item or items for credit, a 259 restocking fee will be charged to your accoum, plus all applicable inbound and outbound freiahLThis policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refurdabie. All parts purchases are ron refundable. Any shipment
received in conditions other than brand new will be charged 50% restocking fee of The total amount. All returns must be properly boxed before they are returned. Its the customer's responsibility to report any damages /sho!;ages within 48 hours
of receiving the producl. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon tiill instruct customers as to the best means of
etun.i mq merchard se. Runyon's MRA's are .+alid for 30 days after issuance, MRAS are riot valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances. issue an, MHA for returns on used or damaged products. Any
eirr?i relit' :d damage must be noted on the signed B i of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final,
REPRESENTATIONS AND WARRANTIES; Seller represents and v=ariants that: (a) Seller has all necessary right, power and authority to enter into and perform the transactions referenced herein; (bi Seller has good and marketable title to the
Equipment: anti (c) on fire Transfer Date, Seiler will convey the same to Bayer (save only fat the purchase money lien, if any, to be retained by Seller should Seiler, at its sole option, elect to finance all or any portion of the Purchase Price'. Buyer
apressr.ts and warrants that: f) Buyer liras all necessary right, power and authority to enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same t0 be
acoeptabse to Buyer in all respects based on crite'ia estabiished solely by Buyer and not based on any recommendation by Seller; and (iii) Buyer has received, carefully reviewed ands satisfied with, all available Training, instructions, operating and
user manuals, and other informatign (including ail training requi under applicable OSHA and/or ANSI Standard;, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
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 12/30/2011
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
12/30/201' 214547 $144.90
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
A/
Date Officer
VOUCHER 116533 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
214547 01- 7362 -06 $144.90
000,
Voucher Total $144.90
Cost distribution ledger classification if
claim paid under vehicle highway fund