HomeMy WebLinkAbout206421 02/14/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $791.50
i' CARMEL, INDIANA 46032 410 W CARMEL DRIVE
oe CARMEL IN 46032 CHECK NUMBER: 206421
CHECK DATE: 2/14/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2200 4462300 216965 549.75 DRAINAGE IMPROVMTS
651 5023990 217169 41.80 OTHER EXPENSES
601 5023990 218867 199.95 OTHER EXPENSES
In consideration of the payment of additional rent dassilied 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
ACA 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, alts, punctures or
QUIPM�NT {zENTAI 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
(-AFMEL FISH8R5 tND1ANA?OLl5 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 56 11 113 8 8 8 8 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
Fees, court costs and interest of one and one half (1 1)2) percent permonth 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. runy0nrentai. COf11 Incidental damages even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION.. TICKET
CARMEL WATER DISTRIBUTION 4 161 GREG
3450 W. 131ST STREET Con# 218867
CARMEL IN 96074
Loc 100
SSN'� •',..PHONE; TIME
W (317) 733 -2655 OUT 02/02/12 2:50 PM SAF
7) 733 -2840
ID #'3 PO /im CEIVED'BY
GREG CALLAHAN, STEVE 02/02/12 2:53 PM SAE
*FINAL Page: 1
QTY ITEM#
EXT AMT NET ,AMT
NI.IN VNITE B -HO JFt DAY WEEK 4 "_:WEEK::'
HOURLY O,
1 `101846845472 BLADE DIAMOND 14" 9X9 1919.95 199.95 199.95
V
t..
t�
IFTHEEQUIPMENTISNOTRETURNEDBY "DUEIN" DATE, YOUMLL BESUBJECTTOACHARGEOFCONVERSION (THEFT. RENT 0 00
Use of alternative fuels, (Btodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 199 95
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND OTHER 0 00
FULLY UNDERSTAN)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 FEE S 0.00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X j1C( Pq IIli Addl TAX 0 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALE TAX 0 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT, IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 199. 95
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT B 199. 95
EQUIPMENT PRINT A PHONE
LEASED BY X 02- FEB -12 14:53:03
EQUIPMENT
RETURNED BY X vS- 2 xl RENTAL FEES DO NOT APPLY TO PURCHASES.
CHARG WE FO TIME UT 140T T D. 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 kMTiAL
NO ADJUSTMENTS OR CREDITS will be made on equipmertf
mat unctions unless unyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERNS 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 ccnI and that Customer undersands its proper use. Customer further acknowledges Its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyan of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED, THERE IS NO WARRANTYTHAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OA THAT
IT 15 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 dismemicarrnent, 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 attorneys fees which If) relate to injury or to destruction of
property, or bodily inju €y, 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
acthve, passive, primary or secondary) of Customer its agents or employees, or anyone for whose ads any of them may he liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
in which Run 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 emission by Runyon, and Customer shall be Cable and responsible for all costs, expenses
and allomev's fees incurred in such defense andror settlement, judgment or older resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend saia action on its own behail 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 equ'rpmert are based on usage during this eight f 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 hour a 3-day charge,
5. Future Rentals, Customer acknowledges that the terms of t'nis Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the bate of this Agreement or al any time in the future (except only
as to any Equipment andor 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 this 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 Runyan 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 at proper oil level in the aqufpmenl is safely the responsibility of Customer.
Repossession, Upon a failure to pay rent or other breach of this contract, Dealer may terminate this ccnlract 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 fire repair. It is Customer's option to check over the tires before the equiprnenl leaves and notify Runyon of any irregularities spotted
14. 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 untii 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
RESPONSIBELITY
11, Cleaning Charges. Equipment is to be returned to Runyan as clean as when it left A charge of sixty -five dollars {$55.00) ner hour ,vill be charged for cleanup.
12 Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under tnis Agreement without Customer's consent, but will remain bound by all obligations herair Customer may not sublease or loan the equipment without
Punynn's written permission. Any purported assignment by Customer is void.
13.Time of Return. Customer's right to possession terminates oo the expiration of the rental period 'Due In" date lime) and retention of possession after this time constitutes a material breach of this Agreement Time is of the essence in this
Agreement. An extenstcn mast be mutually agreed upon in writing.
1G. Late Return. T'€ €tie to equipment is and shall a' all times remain with Runvon. Falfure to return the equipment by the "Due In" date will subject Customer to a charge of conversion (Ihel
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 ibis agreement, Runyon may collect damages together with reasonable attorney's fees court costs and
interest of one and one half (t 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 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 therea'ter,
18. Damage Waiver. Inconsideration of the payment of additional rent classified as waiver' by Customer, Runyan agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the
rental properly, normal damage to be determined by Runyon. Customer shall pay upon return of property retired a sum equal to 5% of rental charge. This "damage waiver" does not include damage or loss ofthe 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 wheals 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 to 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 (halt to Runyon. The cost of repairs will be borne by Customer, whether pciforrned by Runyon, or, at Runyon's option, by others.. at a
charge of sixty-five dollars (565,00) per hour plus parts.
20, Severabillty. The provisions of this Agreement shall be severable so that the invalidity, unanforceabili1y or :vainer of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading ano unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and had Runyan and,'or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyan.
22, Property Damage. Runyon is not responsible for any damage whatsoever as a result at 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 lees, licenses, permits, taxes or lines, required by or resin €ing from the Customers 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 even', 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 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 roleases 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 tines. 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 sa €e 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 Customers 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 ie €m 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 fo 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 quDieo. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. It time permits, we will
try to acconlmodaie 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 unfit the next day when a special
crew can be scheduled. There will he an additional one day rental. A knack down fee will result it rental items are still up.
27. Wa €van of JuryTraL t=ech party ;valves 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 waver pertains to all disputes thai may relate to the subject metier he(eof_
ircluaing, ""Alhoui flmitatioa, contract, `:Uri, breach of duty. and all othercomrnon law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this Is a waiver of ti legal rights and iB) acknosvlledgcs loaf
neisherii has had a reasonable oppo rtunity to discuss this waiver and its effects wild legal counsel. Accordingly each party knowingly, voluntarily. irrevocably and unconditionally waives its jury trial rig;rts,
26.Ttcksts, Fines and Penalties.You agree to fully and promptly pay all tines, penalties, parking tfckets, traffic tickets, tolls, court casts, attorneys' fees and other charges assessed during the Term in canneotian With trio use, parking, storage, andi
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'ui a safe and secure condition while in their possession, Customer agrees not to tow
any troller rented from LESSOR)DEALER (a) in a careless or negligent manner, (b) at excessive speed of (c) while under the influence of medication, alcohol, or iliiolt drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERNS AND CONDITIONS FOR SALES
All sales are asp governed by the parties' Equipment Purchase Agreement. It the Equipment Purchase and the Terris 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 EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OL'T OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEOR'ES OF Tr.E 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 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 This policy also applies to shipments refused and returned.
All cancellations Df ,vhl goods are subject to a 25`,0 (of total invoiced Order) cancellation tee on in stock items from Runyon locations ONLY Return shipping of the product is not refundable. Ail parts purchases are non Telundar ie. Any shipment
received in conditions ofher+han brand now will be charged 50% restocking €ee of the total amount. All returns must be properly boxed before they are returned. It's the customers responsibility to report any damageWshorlages within 48 hours
of receiving the product. Runyon will nut accept claims 48 hours after delivery. Runyon will riot accept returns without authorization. Upon Issuing a Merchandise Return Authorization (MRAI, Runyon still instruct Customers as to t'ne best means of
returning merchandise. Runyon's MRA's are vakd for 30 days after issuance. MRAs are not valid after the 39 day time limit expires. Runyon will absolutely nol, under any circumstances, issue an MRA for returns on used or damaged products. Any
€(eight related darn must ba, noted on the signed Bill of Lading AT 'HE TIME OF DELIVERY.The purchase price at time of sale Is final.
REPRESENTATIONS AND WARRANTIES: Soler represents and warrants Ihat. (a) Seller has all necessary right, power and authority to enter into and par form the hansactions referenced herein; (b) Seller has prod and ruarkatable title to the
Equfpmenl; and (e) on the Transfer Date, Seller will convey the same to Buyer (save only for the purchase utoney lien, it any, to be retained by Seller should Setter, of its sole option, elect to finance all or any portion of the Purchase Pricou Buyer
represents and vlaiiarns lihat if) Buyer has all necessary right, power and authority to enter Into and perform the transactions raicrenced herein: (if) Buyer has selected and careftlly inspected and examined the Equipment and found the same to be
acceptable to Buyer in alt rspecis based on critena eslabi shed solely by Buyer and not based on any recammandaflon by Seller; and (iii) Buyer has received carefully reviewed and is satisfied wiih, all available framing, insauct'tons, cperelfng and
user manna s, and 0 her Information (including all training roquirc i under applicable OSHA and /or ANSI Standards, if any) regarding the proper and safe iranspoctation, use, mainlenar ce, repair and storage of the Equipment,
VOUCHER 113675 WARRANT ALLOWED
354867 IN SUM OF
RUNYON EQUIPMENT RENTAL
410 W CARMEL DRIVE
CARMEL, IN 46032
WATER
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
218867 01- 6200 -06 $199.95 1
0
I
i
Voucher Total $199.95
Cost distribution ledger classification if
claim paid under vehicle highway fund
I
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 2/3/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
2/3/2012 218867 $199.95
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5- 11- 10 -1.6
Date Officer
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317)566 -8888 STATEMENT DATE: 01/25/12 448
PRINTING DATE: 01/26/12
CITY OF CARMEL RUNYON EQUIPMENT RENTAL
ONE CIVIC SQUARE 410 WEST CARMEL DRIVE
CARMEL IN 46032 CARMEL, IN 46032
�I?ATL INS 'gTCS #�LOC:�DE'SCf�ZPTI()1�I`�„ �AA40U�1`.�'S r' GREDI�� �`BALANCE ,::fie
01/07/12 216965 100 PO# ENGINEERING DEPT 549.75 0.00 549.75
*Unapplied Payments Amount Allocated Remaining
FEB 2012 0
C ARMEL
+dr
8L
CURRENT 2�9 D YS, •DAYS, ��9 0 DP�S 12 0 5�,7�rYS �TQ�3�I Df�'$..�,..
549.75 0.00 0.00 0.00 0.00 549.75
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 properly; 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 waivee' 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 rapacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQ WVM N C ttEN7Al other causes inherent in the use of the Equipment It is understood the amount paid''s 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
GAF -rnEL •FISHERS INDIANAADLIS 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.
317 566 888 The parties agree that in the event the Rentee violates any of the terms and condtions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one had (1 12) percent per month added to accounts over ten (1 D) days old, reflecting an annual percentage rate of eghteen (18) percent.
f 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 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 :T1;0CATION TICKET
CITY OF CARMEL 448 DAN 714 -3058
ONE CIVIC SQUARE INTERSECTION OF NAPPANE AND Con# 216965
CARMEL IN 46032 RANGELINE RD.
CARMEL IN 46032 Loc 100
SSN PHONE DATE TIME
W (317) 571 -2448 OUT 01/04/12 9:59 AM WH
F (317) 571 -2409
ID #3 PO /JOB,# RECEIVED "BY
ENGINEERING DEPT GRESKAMP, DANIEL RETURNED 01/07/12 8:31 AM JRR
*FINAL Page; 1
QTY .:ITEM# ET AM
EXT AMT .N T
MIN HOURLY° 'OVNITE 8 -'HOUR DAY WEEK 4` 'WEEK
1 5402 -0002 SOLAR SIGN BOARD TELESCOPIC 495.00 495.00
$165.00/D 165.00 165.00 660.:.0_0 198'0 00
OFF, RENT# 815"9
1 11 PICK -UP STAKEBED 30.00 30.00
,j
IFTHE EQUIPMENT I5 NOT RETURNED BY "WE IN" DATE, YOU WILL BE SUBUECTM A CHARGE OF CONVERSION (THEFT} RENT 495.00
Use of alternative fuels, (Biodiesei, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages 8 repairs that result from alternative fuel. SALES 30 00
I HAVE 8EEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT ANDS
FULLY UNOERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTANDTHAT I AM THE PERSON RENTING THIS PROPERTY, AND OTHER 0 0 0
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 24 .75
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SIGNk URE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 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, AND10R 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 54 9
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 549 7 5
EQUIPMENT CELL
LEASED BY X I's I' t f,. PHONF
07- JAN -12 16:11:54
EQUIPMENT
RETURNED BY X S i §,"9" I°
I a -1 �I t 1 E RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CKARGE 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, DUEL AND ELECTRIC CURRENT, will apply. X
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 to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer underslands its proper use. Customer further acknowledges its
duly to insped €he 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'S INTENDED USE. OR THAT
IT IS FREE FROM DEFECTS.
3, Indemnification. Customor agrees in assume the risks of, and hold Runyon harmless far, property damage and personal injuries, Including death and dismemberment. caused by the equipment andior 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 liab8ilies including attorney's fees which (1) relate to injury or to destruction of
property, or bodiiy 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
in which Runyon is a named party for .shish 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 settiemenl, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect ie defend said action on its own behal` and Customer agrees
that it shall be liable for all casts, 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 forever 8
hours ir: one day. Custumer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running lime. 16 hours running time in 24 hours a 2 -day charge. 24 hours running lime in 24 hours a 3 -day charge.
5. Future Rentals Customer acknowledges that the terms of this Agreerent will he deemed to apply to all Equipment Custorer may rent or purchase from Runyon, whether on the date of this Agreement nr at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a rew 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. (cl
Improper, unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyan's written permission, (e) Use at any location other than the address furnished Runyon witImut Runyon's written permission.
7, Fuel and Oil Levels. Ali equipment is full of fuel when rented 10 Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.l in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result front alternative due'. Runyon checks the oil level in the equipment when It is rented to Customer. Maloduance of proper ail 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. C,tslomer is totally resporsihte for all Ilre 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 InSLJrZrCe does not :over equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been raiumad to Runyon's property and
payment has been received.EQUIPMIN I MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT Al RUNYON'S LOCATION OTHER FAN NORMAL BUSINESS HOUyys REMAINS NE CUSTOMERS
RESPONSIBF ITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as wren it left. A charge of sixty -five dollars ($65 00) per hour wif be charged for oieanup.
12, Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreemerf without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or hart €he equpment without
Runyon's wrirten per fission_ Any purporte i assi by Customer is void.
13.Time nt Return. Grutonters right to nessessfnn lei Inmates on +he ?x, Ira €ion of t•re rental pe °€cd Uue ''.n' date &done} ark retention of possession aL'er this lima constitutes a material breach otibis Agreement Trm.a Is of if`a essence in ;his
Agreement. Anv extension must be mu'tuary agreed upon in ;uniting.
14, Late Return. Title to equipment is and shaft a1 alt times remain er, h Runyon. Failure to return the equipment by the "Due In" dare will subject Customer to a charge of conversion (theft).
15.11me of Payment. Accounts are due and payable at the termination of the rerfal 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 casts and
nteres'; of one and one half (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, ;hat Hamilton County. Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Custerner at a Ialer time.
17. Waiver. Any Inure by either party to enforce any provision of this Agreement shall no[ constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18- Damage Waiver. In consideration of t'ne payment of additional rent classified as `damage waiver" by Customer, Runyon agrees in, and hereby does, waive its riglrn, or any righi It might have agalnsf Customer, arising from normal damage of the
enfal 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 lass 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 Runyorts 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 trill be paid for at its current list price plus the cost of rental up to the lime of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at R.unyori option, by others, at a
charge of sixty -five dollars per hour plus parts_
20. Severabtiity. The provisions of this Agreement shall be severable so that the Invaltdily. unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible far loading and unloading equipment. It Runyon's employees assist in loading or unloading the equipmerl, Customer agrees to assume the risk of and hold Runyon andior its
employees harrdess for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsibb 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 pay cart of any fees, licenses, permits, taxes or fines, required by or resulting from tre Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under €ius 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 properly left or stored in the equipment, or elsewhere
he renting location. Customer agrees not to held Runyon liable for damages from down time, materials or other consequential damages resulting irons the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmle5$ front 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 lines, penalties and fodeitures imposed by
any governments: entity, and, to the ex €ens not covered by irisuranoe, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or fns agents or employees..
or for the confiscation of foe equipment by any governmental authority because of Illegal or improper use. Customer shall additionally hold Runyon rant ess fof all lass, liability and expense in excess of the limits of Ilablliq +provided for heratn as a
result of injury, deall, or properly damage tans 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 feasor, or any purpose. Outing
[lie term of Skis Agreement, Customer assumes full responsibility for the equipment to the public and any regulaiory body having jurisdiction.
26. Deliveryll Up. Delivery is made to closest paint 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 tastes and chairs
it 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 del' €vary, our driver must call for authorization. if lime permits, we wkfl
try to accor €moda€e you after quoting the price, On pick up where no pilot arrangements have been made and rental items are not knocked down and assombled 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 lee will result if rental items are still up.
27. Waiver of JuryTr3al- Each party waives is right to a jury trial of any claim or cause of action based on or arlsrng out of this agreement or the subject matter heraot. Ihis waiver pertains to aft disputes that may fatale to the subject matter hereof,
notating, without limitation, contract, fort, breach of duty, and all other common law and statutory claans.. and will not be subject to any exceptions. Each party (Al understands that this is it waiver of important legal ;fights and (B) acknowledges that
heyshe'rl has had a reasonable opportunity 90 discuss this rvalvttr and its effects with legal counsul. 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 cu €htc theTOrm in conrectinrr, with the use, parking, swage, and'
or t osss5Mn of the Equipment rogardles.nf the identitq of the driver of any vehicclo You rant from Us.
2H.Tratlers and Towing. The m Jonar is iesixmclble for ins, ecling and maintaining the irarlo coupling mechanism, safety chains all tie downs, pins and lights r, sofa and secure cc t rc r ,�triie in err possess do Lstomar agrees not io !o;
any' uar`_r entrap ffa, I,.ESSORiDFA€ ER la) in a careless or negLigem rnanne (h) at excessive speed or (or while under the influence of medication, aicohol. or ilucrl drugs
30. Headings. T'he headings used herein are solely for convenient refe €ence and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are aso governed by the parties' Equ pment Purchase Agreemen€. I€ the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the forms from the Equipment Purchase Agreemenf prevail.
AS -IS —NO WARRANTY; THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR INIPLIED WARRANTIES. INCLUDING. WITHOUT LIPHAHON, THE IMPLIED
WARRANTIES OF IVERCHANTADILITY AND FITNESS FOR A PARTICULAR PURPOSES. ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT REMAL INC OR AFFILIATED COM ANIES 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 S :GH 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 Runyon "Return Pcllcy, "when customers return an Rem or items for credit, a 25`/ restocking fee will be charged to your acccuni, plus all applicable inbound and outbound freight.Thls policy also applies to shipments refused and returned,
All cancellatiors of whole goads are subject to a 259 (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
received in conditions other than brand new will be charred 50% restocking tee of the total amount. All returns must be properly boxed before they are returned. ft's the customer's responsibility to report any damagesishortages within 48 hours
of receiving the 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 eostorrers as to the best means Of
returning merchandise, Ruryon's MRA's are valid for 30 days after issuance, NIRAS are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances issue an MRA for returns on used or damaged products. Any
Ireighf related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY. The purchase price at lime of sale is final.
REPRESENTATIONS AND WARRANT1ESr Setter represents and wararis that: (a) Seller has all necessary right, power and authority to enter into and perform the transactions referenced herein: to) 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 Better 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; (ill Buyer has selected and earatully inspected and examined the Equipment and found the same to be
axaptabie 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 salsfied with, all available training, instructions, operating and
user manuals, and other information (including all training required under applicable OSHA anchor ANSI Standards, it any) regarding the proper and safe transpdation, use, maintenance, repair and storage of the Equipment.
Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 207 (Rev. 1995)
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
Runyon
Purchase Order No.
410 W. Carmel Drive
Terms
Carmel, IN 46032
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
01/25/12 216965 Traffic sign- Auman /Newark project $549.75
Total
,7
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accortlance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
Ri Bunn IN SUM OF
410 W. Carmel Drive
Carmel, IN 46032
$549.75
ON ACCOUNT OF APPROPRIATION FOR
Department of Engineering
Board Members
PO# or INVOICE NO. ACCT #/TITLE AMOUNT
DEPT. I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
n/a 216965 22 $549.75 materials or services itemized thereon for
which charge is made were ordered and
received except
-2 20
Signature
l' n� Ed�Q�u� -vim
Title
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 ��O AVA 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 wan2r" 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
EQUIPMEIV7 RENTAL other causes Inherent in the use of the Equipment. It is understood the amount pa is not an insurance premium, and that this provision does not represent an Insurance
410 W. Carmel Drive Carmel, IN 46032 polity or an agreement to insure. Equipment that's stolen or damaged by Rentee will pay list fir parts, labor or, f 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
LAWEL PISIilI INDIANAP shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
317 -566 8888 The parties agree that in the event the Rentee vdates any of the tens 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 permonth added to accounts over ten (10) days old, reflecting an annual percentage rate of eigh teen (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' 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, less 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<: JOB LOCATION TICKET
CARMEL WASTE WATER 9855 JEFF
160 3RD AVENUE SW Con# 217169
SUITE 110
CARMEL IN 46032 Loc 100
SSN PHONE DATE TIME
H (317) 571 -2634 OUT 01%06/12 2:04 PM WH
F (317) 571 -2636
ID #3 PO /JOB RECEIVED BY
JEFF MALLABER, BLAINE 01/06/12 2:05 PM WH
*FINAL Page: I
QTY STEM#
EXT AMT NET AMT`
MIN HOURLY OVNITE 8 -IIQUR DAX WEETC 4 `:WEEKi
2 101 PROPANE 30 POUND REFILL 2',0.90 41.80 41.80
4
-s l
4
Ls
IFTHE EQUIPMENT IS NOT RETURNED BY' DUE IN" DATE,YOU WALL BE SUBJE-CTTO A CHARGE OF CONVERSION (THEFT} RENT 0 00
Use of alternative fuels, (Biodlesel, EII etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALE S 41 s
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AANQJ OTHER 0 00
FULLY UNDERSTAND THOSEINSTRUCTIONS 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 DTI'/ FEES 0 cc
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X Sfi 11, =E 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, ANDIOR INTERESTCHARGES 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 4 8 0
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BI LLED 41 8 0
EQUIPM
DEL
ENT
LEASED BY X 06- JAN -12 14:05:34
LEASED PHO NE PHO
EQUIPMENT'
RETURNED BY X1'�et RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR OUT. T TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR.ALLTIRES,! uEL AND ELECTRIC CURRENT. will apply. X 1iNr I iL
NO ADJUSTMENTS OR CREDITS will be made on equipment
mat un cti ns unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentais.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that It has had an opportunity to personalty 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 inspoci the equipment prior is use and notify Runyon Equipment Rental trio (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'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 '.he aqulpri andior arising out of Runyon's negligence.
Customer shall indemniiy 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 (t) relate to injury or to destruction of
properly, or bodily injurA 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, piim'nry 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 andior 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 li shall be liable for all costs, expenses and atornev'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 Ior equipmert are based on usage during this eight (8) hour shift. It 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 lime in 24 hours a 2 -day charge. 24 hours running tirne in 24 hours a 3-cloy 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 dale of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect tic 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 ifs employees, without Runyon's written permission; (a) Use at any location ocher than the address furnished Runyon without Runyon's written permission,
7. Fuel and Oil Levels. Al; equipment is full of fuel when rented to Customer and must be returned to Runyon full or additionai charges will apply, Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prop bited. 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 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 Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been replied 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 rehrmad fo Runyon as clean as when it left. A charge of sixty -five dollars (555.00) 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 rov not sublease or iaen the equipment witneut
Runyon's written permission. Any purported assignment by Customer is void
13.Tima of Return. Customers right to possession terminates on the expiration of the rental period "Due in' date limo) and retention of possession after this time consfftulos a material breach of ibis Agreement. Time is of the essence in this
Agreement. Any extension must be mutually agreed upon in writing.
14. Late Return. Ile to equipment is and shall at all times remain with 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 al the termination of the rental period.
16, Violation of Agreement and Venue Costs. Customer agrees that in the event fare 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 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. Walver. Any failure by either party to enforce any prevision 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 waiver by Customer, Runyon agrees to, and hereby does, waive its right: of any right it might have against Customer, arising from normal damage of the
enal prvparry, normal damage o be, determined by Runyon,, Cuslonter shall pay upon return of property rented a sum equal to 5°0 of rental charge. This "darrtage 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 Walver shall not apply to neck ess, careless or abusive operation or use of the equipment, use er operation of the equipment exceeding Its
rated capacity, or damage to tires tubes and wheels caused by blowout, braises, cuts, punctures or other causes inherent in the LEae of the equipment, it is understood the amount paid is not an insurance premium, and that this provision doas not
°apresent an insurance poiioy or an agreement to insure. No damage waiver license, sales or use taxes are Included in Runyon's rental rates. They are oxtra,
19. Damaged, Dirty, or Lost Equipment, Customer agrees Io pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyor's possession. Equipment lost. stolen or damaged
beyond repair will be paid for at its current list price ;dus the cost of rental up to the lime of reporting the loss or that to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon or, at Runyon s Ori ion, by others, at a
charge of sixty -five dollars (565,00) per pour plus parts.
20. Severabifty. The provisions of this Agreement shall be severable so that the invalidity, unenforceabilily 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 nd hold Runyon andior 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 tinte charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days andler 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 proper fv left or stored in the equipment, or elsewhere
in the ranting location. Customer agrees not to hold Runyon liable for damages from down lime, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon,'ts agents and employees
harmiess 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 10 third parties arising out of fine abandonment, conversion, concealment or unauthorized sale blithe 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 Runyan harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
esult of injury. death or property damage arising out et 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 lent; of this Agreement, Customer assumes full responsibility for the equipment to the public arid 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 rot include set up and knock down of tacles 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 lime permits, we will
try lo accommodate you of €er quoting the price. 01" 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 ur ii t'ne next day when a special
crew can be scheduled. There will he an additional one day rental. A knack dawn 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 Ibis agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter heteot,
ncluding _ll t,n iftil ;on, contract. tort, breach of duty, and all other common law and statutory claims, and will no! be subject to any exceptions. Each party (A) understands na` this is a saw ?r of prr a, ega nahts grid ?B; acknowledges thsf
heid erit has had a feasorauc opportcnty to dseuss this waiver and its ettects with legal counsel. Accord rgly. each party knowingly voluntarily, irrevocably and uncon,Jhonal!y waives Is,_,ry righls.
28.1tickets, Fines and PenaRies, You agree to fully and promptly pay all fines, penalties, parking tickets, traffic tickets, foils, court costs, attorneys fees and other charges assesseo during thaTerm to connection wjth tiaa use parking, storage, andi
er possession of the Equipment, regardless of the identty of the driver at 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 tle dawns, 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 mariner, (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 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 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 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,'rhis policy also applies to warranty returns. As
staled la the Runyon `Return Policywhen customers return an iiem or items for credit, a 259 restocking fee will be charged to your account. plus all applicable inbound and outbound Ireighi_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 ONLY Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
received in conditions other than brand new 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 damagesshorlages within 48 hours
of reoeiving the produce. Runyor} 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
returning merchandise. Runyon's MBA's are valid for 30 days after issuance, MRAs are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, issue an MRA for returns on used or damaged products. Any
freight related damage must be noted on the signed Bid of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seiler represents and warrants that! (a) Seller has all necessary right, power and authority to enter into and pericim the transactions referenced herein; (b) Seller has good and marketable title ;o 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 ?rice). Buyer
represents and warraras that; (l) 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 fill) Buyer has received, carefully reviewed and is satisfied with, all available training, instructions. operating and
user manuals, ano other information (including al training required under applicable OSHA andior ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
VOUCHER 116717 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
2.17169 01- 7202 -05 $41.80
Voucher Total $41.80
Cost distribution ledger classification if
claim paid under vehicle highway fund
Prescribed by State Board of Accounts City Form No. 201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
354867
RUNYON EQUIPMENT RENTAL Purchase Order No.
410 W. Carmel Drive Terms
Carmel, IN 46032 Due Date 2/6/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
2/6/2012 217169 $41.80
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5- 11- 10 -1.6
Date Officer