HomeMy WebLinkAbout206422 02/14/2012 +4, CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL
CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK AMOUNT: $149.33
CARMEL IN 46032
o CHECK NUMBER: 206422
CHECK DATE: 2/1412012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4231100 STREET 82.39 BOTTLED GAS
2201 4356001 STREET 66.94 UNIFORMS
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317)566 -8888 STA'T'EMENT DATE: 01/25/12 503
PRINTING DATE: 01/26/12
CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL
3400 WEST 131ST STREET 410 WEST CARMEL DRIVE
CARMEL IN 46074 CARMEL, IN 46032
BFM
DATEIZITQIC$ Lt3G DE$CRIPTE4N AM4VNTS GRDIT►1�LAi
12/29/11 216677 100 PO# NEW HIRE 52.99 0.00 52.99/
12/30/11 216725 100 PO# PATCH 43.49 0.00 43.49,/
01/17/12 217827 100 PO# SHOP 13.95 0.00 13.95✓
01/23/12 218146 100 PO# PATCH TRUCK 38.90 0.00 38.90/
*Unapplied Payments Amount Allocated Remaining
bo, o
V RAEATT„ ::DAYS DAYS ;50 DA` S� 2#1 ,;LAY
149.33 0.00 0.00 0.00 0.00 149.33
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 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 refdess, 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
$QUIPM�NT KErdTAL other causes inherent In the use of the Equipment. It is understood the amount paid is not an insurance premium, and thatthis 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, 'Ii 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
LAlzktiEL fI5HER5 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.
317 566 8 The parties agree that in ttte event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable aRomey
fees, court costs and interest of one and one half 11/2) percent per m nth added to accounts over ten (10) days old reflecting an annual percentage rate of eighteen (16) 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 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. 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 s F JOB LOCATION TICKET'
CARMEL STREET DEPARTMENT 503 NEW HIRE
3400 WEST 131ST STREET Con# 216677
CARMEL IN 46074
Loc 1.00
SSN PHONE DATE: TIME
W (317) 733 --2001 OUT 12%29/11 1:13 PM SAF
F (317) 733 -2005
ID #3 'PO JOB ,RECE'IVED BY
NEW HIRE HIGGINBOTHAM, BILLY J 12/29/11 1:19 PM SAF
*FINAL Page: 1
QTY ITEM#
HXT AMT NET AMT
MIN --'.HOURLY, OVNITE B HOUR DAY WEEK 4 WEEK
1 072874623135 BOOTS HIP BLACK SIZE 10 52.99 52.99 52.99
Y
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE, YOU WILL BE SUBJECTTQ A CHARGE OF CONVERSION (HEFT}. 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. SALE 52 99
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTANDTHAT I AMTHE PERSON RENTINGTHIS PROPERTY, AND OTHER 0 00
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LENDTHIS PROPERTY To ANY OTHER PERSON. I DW/ FEES 0 0 0
UNDERSTANDTHAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X I aN .31E Addl TAX 0
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 OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 52 99
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, A M T BILLED 5 2 9 9
EQUIPMENT Pt I N�! }�y q CELL
LEASED BY X tlP taV! PHONE 29 DE✓✓ 11 13:19:33
EQUIPMENT e t
RETURNEDBY X U E RENTAL FEES DO NOT APPLY TO PURCHASES.
WE C HARGE FOR TIME 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
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Eourvment Rental has been notified We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. inspection. Custc>rar acknowledges *hat if 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 properuse. Customer further acknowledges its
duly to inspect the equipment prior to use and notify Runyon Equipment Rental Inc fhere €natter "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 oL and held Runyon harmless for, property damage and personal injuries, including death and disinernberment caused by the aquipment 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 (t) relate to Injury or to destruction of
property, or bodily injury illne5e, sickness, disease or death of any person (Including employees of Customer), and (2) are caused by. or dawned to be caused, in whole or in part, by the equipment leased herein or by the Lability or conduct (Including
active, passive. primary or secondary) of Customer, its agents or employees, or anyone far whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against ail suits Fir proceedings commenced by anyone
m which Runyon is a named party for which Runyon is alleged to be liable or responsible as a resort 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 attomev's fees incurred in such defense and/or sertlernent, judgment or other resolution. In the event that such action is commenced narring 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. Rentat Charges and Terms. Equipment with hour meters is allowed eight (a) hours use within a 24 -hour period at time. Rental rates tar equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over S
hours in one dal;, 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 Runyan„ 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 loliowing c ircumstances 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 wriften permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full of additional charges will apply Also use of alternative fuels (Biodiesel, ESS, efa) In Runyon equipment is prohibited. Customer is
able for all damages and recalls that re5u11 from aiternative Euel.- Runyon cheeks the oil level In.lhe equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
6. Repossession. Upon a failure to pay rent or other breach of this coniracl, Dealer may terminate this contract and take possession of and remove the goods from viherever they are, and Dealer and his agents shall not be liable for any claims
for dami or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all the repair, It Is Customer option to check ever the ties before the equipment leaves and notify Heaven 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 Runvoris property one
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT PUNYON'S LOCAT ION OTHEH THAN NORMAL BUSINESS HOURS RFVA''NS T 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 c eanup.
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 than the equipment will ou!
Runyon's written permission. Any purported assignment by Customer is veld.
13.Time of Return. Customer's right to possession terminates on the expiration of the rental period f "Due ln" dale 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. Tuts to equipment is and shall at all times rrrialrivrlth,�Ifrlyon. 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 lern,inatinn of the rental period.
1 6.Violation of Agreement and Venue Costs. Customer agrees that to the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees. "nurt oasis and
nferest o! one and one'nalf (1 %2) percent per month added to accounts over ten (l 0) days old, reflecting an annual percentage rate of eighteen i18) percent. Customer agrees that this agreement is to be construed under the laws of the Stare of
Indiana and that if legal action is brought to enforce this agreement. fiat Hamilton County, Indiana, shall be the jurisdiction and legal venue for said acfion; unless otherwise agreed by Runyon and Customer al a later [ime.
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 enioroe such provision thereafter,
18. Damage Waiver. In consideration of the payment of additional rent classified as "damage waiver by Cusiomer, Runyon agrees to, and hereby does, waive its right, or any right it /night have against Customer, arising from ri damage of the
rental property. normal damage to be determined by Runyon Customer shell pay upon return of property rented a sum equal to 5% of rental charge. This darnti waiver" does no€ include damage or loss of the prope :?y as a resiaF of the negligence
of Oastomeror in the case of abusive damage. theft or other gross negligence of Customer. This damage waiver shall not apply to reckless. careless or aGusive operation or use of the equipment use or operating of fire equiturrl exceeding its
rated eapanily, or dairtaga to fires, tubes and wheels caused by bl woul, bruises, cuts, punctures or other causes inherent in fire use of the equipment, 11 is understood the amount paid is not an insu €anoe premium, and that this provision does not
represent an Insurance pony 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 Play for any damage to or loss of the goods, regardless of cause, excupl reasonable wear and tear, wh!!e 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 reporfing -the loss or thett to Runyon The cost of repairs will be borne by Cust&r?i whether plidu rdd by Runyon, or, al. Runyon's option, by others at a
charge of sixty -five dollars ($65.00) per hour pills parrs.
20. Severability. The provisions ai this Agreemonf shall be severable so trial [he invalidity, unenforceability or waiver of any of the provisions shall not affect Pte remaining provisions.
21. Loading and Unloading Equipment. Cusiomer' €s responsible for loading and unload'' €ng equipment. If Runyori s employees assist in loading or unloading the.equipment, Customer agrees to assume the risk of and hold R;inyon and/or its
empioyees harmless for any property damage or Personal injuries, Including darnage and personal injuries attributable to the negligence of Runyon.
22, Properly Damage. Runyon's not responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyan.
23, Fees. Licenses, Permits,Taxes and Fines. Cusiomer shall be solely responsible for payment of any tees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall 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 Cusiomer in the event that lower
days and/or miles are actually used.
25. Other Liability, Customer assumes ail risks from the improper use of the equipment. Customer is responsible for damages to Customers property or goods In storage of in transit, or for army property left of stored In the aquipmem, 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, 'hsagents and employees
harmless ironn and against any and all losses ab�lities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, bit not limited to any and oll lines penalties and frrfeitures imposed by
any govemnentai entity, and to the oxtenl nor covered by insurance, any claims or liabillt!es to third parties arising out of the abandonment, conversion. concealment or unauthorized sale of the 2quipment by Cuserl or its agents or Emoloyeas
or for [ho 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 or ire Jr-ts A liability provided for herein as a
result of ini death or property damage arising out Of Customers use of the equipment. Neither Customer nor any other user of the equipment shelf be deemed the agent, servant or employee of Hunyon 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. DelfverylPlck 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 tip and knock down of tables and chairs.
If this service is required. arrangements should ce made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired an delivery, our driver mus'; call for authorization, if time permits, we will
IN to accommodate you atterquoting the. price. 0 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
Metti can be scneduled.There will be an addlional one day rental A knock down fee will result if rental items are still up.
27. Waiver of Ju €yTrfal. Each party waives its right to 0 fury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waver curtains to all disputes that may relate io the subiect matter hereof,
including, ivitfiaut 1'n1tali0n, contract, fat, breach of duly, 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
heis1te11t has had a reasonable opportunity to discuss tfils 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 fufly and promptly pay all fines, penalties, parking tickets, traffic tickets, tolls, court costs, attorneys' fees and other ;barges assessed during the Term in connection with the use, parking, storage, andi
or possession of the Equipment, regardless of the identify of the driver of any vehicle You rent from Us.
29,Traifars and TowirlThe customer is responsible tot inspecting and maintaining the trailer coupling mechanism, safety chains, all fie downs, pins and lights in a safe and secure condition while in their possession. Curtfomeragrees net to tow
any trailer rented iron LESSOR.IIEALER (a) in a careless or negligent manner, i 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 shelf 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: 7 H WARRANTY 1S 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
JNDER THEORIES OF THE LAN' OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable fogy all shipping costs when returning or exchanging an item to Runyan, unless the produc! 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% restpcying 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 whale goods are subject to a 2592 (of total Invoiced order) cancellation fee on mistook 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 °b restoc king fee of the total arrouk All returns mi be properly boxed before they are returned. It's the customer's responsibility to report any damages ?shortages 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 Aulharizalion (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 afferfhe 30 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 Bill of Lading AT THE TIME OF DELIVERYThe purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES; Serial represents and warrants tf at: (a) Seller has all necessary right; pourer and authority to enter into and perform the transactions referenced herein; Ib) Seller has good and markatti title to the
Equipment and (c) on the Taoster Date. Seller will convey the same to Buyer (save only for the purchase money lieff any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion at 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 lound the same to be
acceptable to Buyer in Fill 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. ail available training, instructions. operating and
user mamas, and other irdarmatinn (including all training required under applicable OSHA and /Fir ANSI Standards It any) regarding the proper and safe transportation, use, maintenance, repair and sirrage of the c.quipmeni.
In consideration of the payment of additional rent '6 i fietl as `damage wall by the Rentee, Renter agrees to, and hereby does waive its right, or any right t might
R u �uYo 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 "ass, 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
EQUtPMEN7 tNTAL 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 A5NER5 INDIANAPOU'a 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 8 The parties agree that in the event the Rentee violates any of the terns and oond bons of this agreement, the Renter may collet damages together with reasonable attorney
fees, court costs and interest of one and one hall (t 1t2) percent per month added to accounts over tan (10) days od, 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 tar 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 lt any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequental damages, loss of income or any other
www, runyonrentaL coo incidental damages, even those damages caused by the negligence of Rentee, together with attomey 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' TQ JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 PATCH
3400 WEST 131ST STREET Con# 216725
CARMEL IN 46074
Loc 1.00
ASSN PHONE,. A TE TIME z.
W (31'7) r33 -2001 00 12/0 8:52 A-3 JRR
F (31 733 2005
ID #3 'PO/ RECE,IVED °13`C
PATCH HARTZ, FREDERICK KENT 12/30/11. 8:53 AM JRR
*FINAL Page: 1
QTY ITEM# EXT AMT N ET AMT
MIN HOURLY OVNITE B -HOUR DAY WEEK 4 WF EK
1 103 PROPANE 60 POUND REFILL 38.90 38.90 38.90
1 072874129057 GLOVE, LEATHER PALM XL 1.290) N. 59 4.59 4.59
p
y v
y i
IFTHE EQUIPMENT IS Nor RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT. RENT 0 00
Use of alternative fuels, (Biodlesel, 1185, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALE S 4 3 4
I HAVE BEEN INSTRUCTED &DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND OTHER 0
FULLY UNDERSTANDTHOSEINSTRUCTIONS I ALSO UNDERSTANDTHAT I AMTHE PERSON RENTINGTHIS 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 jC,I !'A- i Fj 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 DEPOSI 0 0
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OA 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 43. 4 9
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TD RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR, AMT 13 I L L E D 43 4
EQUIPMENT gt a CELL
LEASED BY X RN '�x�A PHQNE 30- DEC 11 08:53:25
EQUIPMENT ca
RETURNED BY X l p� J iA- 's._ RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE �Q N AT
FOR TIME OUT NOT TIME US 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 IN'TIAL
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. CusY;merac nowladges ihar r has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Cusiomsr understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use anu 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 WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT 15 FREE FROM DEFECTS.
3, Indemnification. Customer agrees lc assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment andlor arising oil of Runyon's negligence.
Customer snail indemnify and defend Runyon against and hold Runyon harmless front any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorneys tees which (1) relate to Injury or lo destruction of
properpy, or bodily injury: ll €ness, sickness. diseaso or board 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 (lnc'ruding
active, passive, primary cr secondary) of Customer. Its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at Is own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
n which Runyon is a named party for whlnh Runyon is allegcd to be liable or responsible as a result of or arising out of the equipment, or any alleged act or rmission by Runyon, and Customer shall be liable and responsible for all casts, expenses
and attorney's fees incurred in such defense andlor seniement, 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, expanses and attorney's fees incurred by Runyon In such defensa
4. Rental Charges and Terms. Equipment with hour meters is alloyed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this all (8) hour shift h Customer runs the equipment for over 8
hours in one day, Customer �.vilf be chargod 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 cr at any time in the future (except only
as to any Equipment andlor other items with respect to which Customer executes a new Agreerent).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: fat Use tot illegal purpose Orin an illegal manner, (b) Use when the equipment is in bad repair or is unsafe; to)
Improper, unintended use or misuse. (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (c) Use at any location other than the address furnished Runyon without Runyon's written permission.
7, Fuel and Oil Levels. All equ ipment is full di when rented to Customer and must be returned to Runyon full or additional charges will apply, Also, use of alternative fuels (Biodiesei, E85, afc,; in Runyon equipmert is prohibited. Customer is
table 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 aqulpmeni 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 file goods from itiherever 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 goads.
9,Tlres. Customer is totally responsible for all tire repair. ft is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
19, Insurance. Runyona insurance does not cover equiprnenf while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's properly and until it has been returned to Runyon's property and
payment has been received, EQUIPMENT MAY ONLY HE 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 relarncif to Runyon as clean as when it deft. 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 roan the oquipmerd without
Runyon's written permission. Any purported assignment by Customer is void.
13.Time of Return. Customers right to possession terminates on the expiration of the rental period t "Due in" date time) and retention of possession: after this lime constitutes a material breach of this Agreement Time is of the essence in this
Aglcament. Any extension must be mutually agreed upon in writing.
1A. Late Return, 'r ifle to eculpment is and shall stall times remain wnh Runyon. Failure to return the equipment by the 'Due In° dale will subject Customer to a charge of conversion (theft)
15.171ine 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. ecurt costs and
interest of one and one hall (1 Y) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen t18) percent. Customer agrees that this agreement Is to be construed under the law, of fine Stale of
Indiana and that If legal action is brought to enforce this agreement. that Hamilton County, Indiana, shall be the jurisdiction and legal venue far said action, unless otherwise agreed by Runyon and Customer at a laterlime.
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, of any right It might have against Customer, arising from normal damage of the
rental property normai 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 nor include damage or loss of the properly as a result of the negligence
of Customer or in the case of abusive damage, theft or ether 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 ih2 equipment h is understood the amount paid is not an insurance premium, and that l is 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 'Or 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 losi, 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 Runyan. The cost of repairs will be borne by Customer, whether perforated by Runyon, or, at Runyon's option, by o €hers, at a
charge of sixty -five dollars ($65.00) per hour plus parts,
29. Severability. The ,provisions of this Agreement shall be severable so that the invalidity, Linenforceability 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 file equipment, Customer agrees to assume the risk of and hold Runyon and;or IN
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyan is not responsibe for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon,
23. Fees, Licenses, ParmilsiJaxes and Fines, Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or tides, 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 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 lot! or stored in Inc equipment or e',sewhere
n 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, liabill €ias, damages, injuries, claims, costs and expenses arising out of Customer's use Or possession of the equipment, including, but not limited 10 any and all fines, penalties anti forfeitures imposed by
any governmental emity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized safe of the equipment by Customer, or its averts 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 expanse In excess of line limits of liability provided for hercln as a
result of injury, death or properly 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 reascr or any purpose. During
the Perm of this Agreemam, Custornerassumes full responsibility for the equipment to the public and any regulatory body having jurisdicllon.
26. Delvery /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 lime 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 dolivery, our driver must call for authorization. If time permits, we will
fry to accommodate you after quoting the price. On pickup where no price arrangements have been made and rental items are not knocked doom and assembled in one sheltered area, tables and chairs will ba left until the next day whhen a special
crew can be scheduled_There will lro an additional one day rentaLA xnnrk down fee will result it loiter items are still up.
27. Waiver of Jury Trial. Each party vvnivcs cc int to a ury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains ro als disputes that may rafaio io the suh�e(l maker hereof
ncfudirg r :itho.it Bm'aation, contract, fort, breach of dily, 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 lrtporlarl leyai r chic a, d (B) acknowledges ihoi
Wsherl 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 j _iry trial riyhls-
26,Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets. traffic tickets, tolls, court costs, attorneys lees and other charges assessed during the term, in connection wish the use, parking, storage, anal
or pessessfgn of the Equipment. regardless of the idenfity of he driver of any vehicle You rent from ifs.
29.Traifers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie dawns, pins and 'igll in a safe and secure cenditiori while in thrlir possess on Customer agrees nct to lose
al trailer rented trom, LESSOROEALER (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. Tire headings used'nerein are solely for convenient reference and shall net be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
Ali sales are also governed by the parties' Equipment Purchasa Agreement. It the Equipment Purchase and the Terms and Cont it',ons previously enumerated are inconsistent, then the terms from the Equipment Purchase Aueement preva,t_
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 !ES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE Or THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES W11 L NOT BE L',ABLB
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING CUT OF OR RELATED TO THE SALE OF THIS EO'JiPIyENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH )AAMAGES ARISE
UNDER If OFTHE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: the customer is liable far all shipping costs when returning or ex&ang €ng an Item to Runyon, unless the product has been damaged during shipping.This policy also applies tc warranty returns, As
stated In the Runyon'Relurn Pelicy.`when customers return an item or items for credit, a25% restocking fee will be charged to your account. plus all applicable inbound and outbound frelght.This policy also appies to shipments refused and returned
All cancellation of whole goods 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. Ail parts purchases are non refurda'rte. Any Shipment
reee:vsd In conditions other than brand new will be charged 501 restocking fee of the total amount. All €s €urns must be properly boxed before they are returned. it's the customer's responsibility to report any rfarnagesisharlages within 48 hours
of receivinn, the product. Runyon will not accept claims 48 hours after dolivery. Runyon will not accept returns without authorization. Upon issuing a tvlorchandise Return Authorization (MRA), Runyon will instruct cusiorl as to the best means of
returning rnerehandise. Runyon's MRA's are valid for 30 days after issuance. PEAS are not valid after the 30 day [into limit expires. Runyon will absolutely not, under any circumstances, issue an MRA for returns on used or damaged products. Any
1re,ght related damage must be noted on the signed Hill of Lading ATTHE TIME OF DELIVERY.The purchase price at tittle 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 perform the transactions referenced herein: (b) Seller has good and marketable title to the
Eatrlpment, and Ifni on the Transfer Date, Seller will convey Inc 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 ail or any portion of the Purchase Price). Buyer
represents and warrants that(i) Buyer has all necessary right, power and authority to enter in €o 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 reviowed and is satisfied with, all available training. lrstruotinns, operating and
use' man rals, and cigar information (including all training required under applicable OSHA and/or ANSI Standards, if any) regarding the proper and safe transportation, use, ,nairr -nai repair and s -,age 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 t might
have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shalt pay upon return of
A`�A property rented a sum equal to 5 °/a 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 recWess, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capac y,, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUtFMENT ¢ENTAL 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 Ions, 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
LAFW61 FI5tAEK5 WIDWNAPOI I a shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and furher agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
31 7 566 8 888 The parties agree that in the event the Rentee violates any of the terms and condill of this agreement, the Renter may called damages together with reasonable attorney
Los, court casts and interest of one and one half (11/2) percent per moottt 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 acc or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any Implied
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. runyo corn incidental damages, even those damages caused by the negligence of Rentee, together wt attorney fees for defending any action brought as a resuit 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# 217827
CARMEL IN 46074
Loc 100
SSN. PHONE° DATE TIME
W (317) 733 -2001 OUT 01/17712 9:0 6 AW
F (317) 733 -2005
ID #3' :.PO /JO,B`. RECEIVED BY
SHOP PIFER, PARKS 01/17/12 9:08 AM WH
*FINAL Page: 1
QTY ITENiV:..
x
EXT AMT NET
`MIN :"HOURLY .OVNITE ',8 -HOUR. DAY WEEK' -4 'WEEK'
1 072874300371 RAINSUIT 3 PIECE 35 MIL 2XL 1 <3.95 13.95 13.95
.e
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YUU WILL BE SUBJECTTO A CHARGE OF OONVERSION (THEFT} RENT 0 00
Use of alternative fuels, (Siodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 13 95
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00
FULLY UNDERSTANOTHOSE INSTRUCTIONS I ALSO UNDERSTANDTHAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSIONTO LENDTHIS PROPERTYTO ANY OTHER PERSON, I DW/ FEE S 0 00
UNDERSTANDTHAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X i j,t ,v Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALE TAX 0 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT, IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 13 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 BILLED 13 95
EQUIPMENT ?��g 6p�g t CELL
LEASED BY X r R t I 1 i E; it t E PHONE 17-JAN-12 0 9: 0 8: 4 1
EQUIPMENT
RETURNED BY X tS I IUIRE RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME D. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, DUEL AND ELECTRIC CURRENT. will apply. X i iTiAtm
NO ADJUSTMENTS OR CREDITS will be made on equipment
mat 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 '.t has had an opportunity to personally inspect the equipment and finds It suitable for its needs and 1T goad condition, and that CustoinoI understands its proper use. Customer further acknowleri its
duty to inspect the equipment prior io use and notify Rurrynn Equipment Rental Inc (hereinafter "Runyon of any detects.
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 thin risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismernbercri caused by [tie equipment and(or arising not of Runyon's negligence.
Customer small indemnily and defend Runyon against and hold Runyon harmless from any and all claims, actions. suits, proceedings, casts, expenses, damages and liabilities including atmi"I'l fees which (1) relate to injury or to destruclicn 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 vvhole or In part, by the equipment leased herein or by the liability or conduct (Including
ac',ive, passive, primary or secondary! of Customi its agents or employees, or anyone for whose acts any of them may be liable, Customer shall, at its oven cost or expense, defend Runyon against all suits or proceedings commenced by anyone
in .vrctt Runyon n 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 fable 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 elecl to defend said action on its own behalf and Customer agrees
that It shall Co 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 lime. 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 1ha terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyan., whether out Ilia 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).
b. Prohibited Uses. Use of the equipment In the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose ci 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 anvone other than Customer or ds employees, without Rtnyon's written permission; (e) Use at any location other than the address furnished Runyon withoul Runyon's written permission.
7. Fuel and Oil Levels Al equipments full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiese':. Eli etc,) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel Runyan 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 reef 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 fable for any claims
for damage or trespass arising out of the removal of the goods.
9.Thes, Customer Is totally responsible for all Pare repair, It is Customer's option To check over the tires before the equipment leaves and notify Runyon of any irregularities spatted.
10. Insurance. RUnyon's nsurarc:e 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 reiumad tv Runvon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S OC.ATION OTHER THAN NORMAL BUSINESS liOUPS REMAINS TTIE CUSTOMERS
PES°ONSIBILITY.
11. Cleaning Charges. Equipment is to be reluritad to Runyon as clean as when it left. A charge of sixy -five dollars (585.00) per hour will be charged for cleanup.
12, Assignments, Subleases and Loans of Equipment. Runyon 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's written pentrisslon. Any purported assignment by Customer is void.
13,Time of Return. CUs €omens right to possession terminates on the expiration of the rental period I °Due In" data &time) and retention or possession after this lime constitutes a material breach of this Agreement. Time is of rite essence m hits
Agreement. Any extension must be mutually agreed upon in writing.
tS. Late Return. Titre to equipment is and shalt a+ all times remain with,Runyon. Faliure to return the equipment by the "Dua In' date will subject Customer 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 reasonahie attorney's fens. court cess and
interest of one and one halt (1 iv4) 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 loaf 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 €Ime.
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 addf €ional rent classified as `damage waiver' by Customer, Runyon agrees to, and hereby does, waive its right or any right it might have against Customer, arsnig from nonaal damage of the
rental property, normal damage €a 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 resultef the negligence
of Customer or in file case of abusive damage. theft or other gross negligence of Customer. This damage waiver shall nor apply to reckless, careless or abusive operation or use of the aquitirri use or nperat;ori of the equipment exceeding its
rated capacity, Or damage to tires, tubes and wheels caused by blawoul, 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 p €ovision 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 cast of repairs will be borne by Customer, whether performed by Runyon, or, at Hunyon's option. by others, at a
charge of sixty -five dollars ($65.00) per hour plus parts.
20. Severab €lity. The provisions of this Agreement shall be severable so that the Invalidity uneniorceability or waiver of any of the provisions shall not affect fire remaining provisions,
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment, It Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume t „e risk of acrd hold Runyon and +or its
employees ha rm less 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 equipmen€.
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 ardor 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
n the renting location. Customer agrees not to hold Runyon liable lot damages from down time, materials or other consequenfial damages resulting from the rise of the equitro i. Customer releases and holds Runyon. its agents and employees
harmless from and against any and all lasses, liabilities, damages, injuries, claims, costs and expenses arising our of Customer's use or possession of the equipment, including, but not Finned to any and all fines, penalties and forfeitures imposed by
any governmental eni and, to the extent nor covered by insurance. any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the ocopmem by Customer, grits agan!s or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmfessfor all loss, liability and expense in excess or the limits of IiaGdity provided for herein as a
esult of irywy deam or properry damage arising ofd ct Customers use of the equipment. Neither Customer nor any after 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 la upstairs, elevator use or any point where extra time is involved. Out service does not include set up and knock down=. ^f taxies and chairs.
1! rhos 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 mull call for authorization, it time permits, we will
try to accommodate you aYerQuoting the price. On pick up where no orier arrangements have been made and rental items are not knocked down and assembled In one sheltered area, tables and chairs will be left untf the next day when a special
crew .ar, b_ sciredvt o T' re wi Le ar aodh n I :;rue day rental. A knock down fee will result if rental items are still up.
27. Waiver of JutyTrial, Each pa es iris rVt to a jury trial of any ciaim or cause of action hosed on or arising out of INS agreement or €hr, subject matter hereof This waiver pertains to all disputes that may relate ,c he sub -ec, matter hereof
.:eluding ,vitincut fr a,aiio ucntiad fun, breacr i duty. and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A.) understands final this is a waive' of iii pot urt iegat Finis and i3? acknowledges that
holsharit has had a reasorabie opportunity to discuss this waiver and its eflecis with legal counsel. Accordingly, each party knowingly. voluntarily, irrevocably and unconditionally waives its jury trig: ritinis.
28.T(ekets. Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets, traffic tickets, falls, court costs, attorneys' fees and other charges assessed during the Term in connartion Min the use, parking, storage, and'
or possession of flee Equipment, regardless of the identity of the driver of any vehicle You rent train Us.
29.Traifers andTawfng The c.slomer is responsible for inspecting and maintaining the trailei coupling mechanism, safety chains, all fie dawns, pins and lights in a sate and secure condcltan vhde in their possession. Customer 3groes ncr m too
any trailw rented from LESSORIDEALER (a) in a careless or negligent manner, (b) at excessive speed or lc) while under the influence of medication, alcohol, or Illicit drugs.
30. Headings. The headings used herein are solely for convenientt reference and shall not be used to construe or affect the Inlercimlatfon of !his 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 prevali.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WAHRANTtES, !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 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
UfdDER 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
s tTited in the P.unyon °Return Policy: when customers return an item or items for credit, a 25% restocking III be charged to your account, plus all applicable inbound and outbound treight.This policy also applies to shipments refused and returned.
All cancellations at whole goads 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 he charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned. ll's She customer's responsibility to report any damagesisftortages within 48 hours
of receiving `;lie product. Runyoc will not accept cairns 48 hours after delivery. Runyon will not accept returns without aulhorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as to She best means of
rah +ruing merchandise Runyon', MRAS are valid for 30 days after issuance, MRAs are not valid after the 30 day time limit expires. Runyon will absolutely nol, under any circumstances, issue an MRA tot 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 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 markeiab';e title to the
EGiripmeri, and {ci out the Transfer Date, Seller will convey the same to Buyer feel only for the purchase money lien, if any, to be retained by Seller should Seller, at its sole option, elect to finance alt 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 an any recommendation by Seller; and (iii) Buyer has received, Carefully reviewed and is satisfied with, all avallable training. instructions, operating and
user manuals, and ether information (including all training required under applicable OSHA antiv ANSI Standards, It any) regarding the proper and safe iranspnr €afion, use, mainteni repair and sW age 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 waver does not Include damage or loss of the property as a result of the negligence of the Rentee
or In the rase 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
£QUIYM£tV7 p £NTAL 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
LAWel- FISHERS INDIANW0 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 ousts and interest of one and one half (1 W) percent permonth added to accounts aver 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 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 PATCH TRUCK
3400 WEST 131ST STREET Con# 218146
CARMEL IN 46074
Loc 100
aSSN PHONE DATE TIME
W (3 73 3 --200-1 'OUT 01/23/12 9 -23 'AM SAF
F (311) 733 -2005
ID #3 PO /JOB RECEIVED BY..
PATCH TRUCK BROWNING, TIM 01/23/12 9:26 AM SAF
*FINAL* Page: 1
QTY ITEM#
EXT`AMT NET.AMT.
s.< r MIN HOURLY OUNITE B HOUR DAY WEEK.
1 103 PROPANE 60 POUND REFILL 38.90 38.90 38.90
NV.
yf
IFTHE EOUIPMENT IS NOT RETURNIED BY" DUE IN" DATE YOU WILL BE SU&IECTTO A CHARGE OF CONVERSION (THEFT). RENT 0
Use of alternative fuels, (Biodieset EB5, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 38 90
1 N BEEN INSTRUGTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0. 00
FULLY UNDERSTANDTHOSE INSTRUOTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTALDOES NOTGIVEME PERMISSIONTO LENDTHIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 0.00
UNDERSTANDTHAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X )t� f.. r s:31r ACtdl TAX 0
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 HESULT 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. AMT B 3 8.90
LEASED BY X OEL EQUIPMENT RINl T NA PHONE 23- JAN -12 09:26:45
EQUIPMENT
RETURNED BY X i q� 'T r TRE RENTAL FEES DO NOT APPLY TO PURCHASES.
�R`t'
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, FUEL AND ELECTRIC CURRENT. will apply. X INI TIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malf unctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
L 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 tc 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 cut of Runyon's negligence.
Customer shalt iodemnify and defend Ruil against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and Ilaort es 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, bythe 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 ivf RuI 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 less Incurred in such defense and/or settlement, judgment or other resolution. in the event that such action Is commenced naming Runyon as a parry, Runyon may elect to defend said action on its own behalf and Customer agrees
ihal'1 shall be !fable for all costs, expenses and attorneys fees incurred by Runyan in such defense,
4- Rental Charges and Terms, Equipment with hour meters is allo:ved eight (6) 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 (87 hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -dsy rharge.
5, Future Rentals. Customer acknowledges that Ilse 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 a! any time in the fuhore (except only
as to any Equipment and)nr 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 iliegal purpose or in art illegal manner: tb) Use when the equipment is in bad repair or is unsafe; (c)
Improper, unintended use or misuse; (d} Use by anyone other Thar, Customer or its employees, without Runyon's written permission; (e) Use at any location other than Ilho address lurnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All aquipmenl 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 (Blodiessi. E55, etc.) in Runyon equipments 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 a solely trio riesponsibilily 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 rernoval of the goods.
9.Tires. Customer is totally responsible for all tire repair. Its Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spoiled.
10. insurance, Runyon's insurance does no± cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and unfit it has been returned to Runyorts 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 REf,`AINS THE CUSTOMERS
RESPONSIBILITY,
II. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (S65.00) per hour will be charged for cleanup.
12, Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement wifhbut Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipmen) without
Runvon;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 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. Any extension must he mutually agreed upon in writing.
i 4. late Return. Title u.) equipment is and shall at all times remain with Runyan, Failure to return the equipment by the "Due In date will subject Customer to a charge of conveision,thefi).
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 if percent per month added to accounts over len (10) days old, reflecling an annual percentage rate of eighteen (18) percent- Customer agrees that this agreement is to be construed under the laws of trip, State of
ndiana and that II legal action Is brought to an!arce 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 Eater time.
17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision orprejudkce the right of either party to enforce such provision fhereafter,
18. Damage Waiver. In onsiderattort of the payment of addilional rent classified as "damage waiver' by Customer, Runyon agrees to and hereby does, waive its tight_ of any right it might have against Customer, arising from normal damage of the
rentai property. normal damage to be date!rniued by Runyon. Customer shall pay upon ralurn 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, Iheft or other gross negligence of Customer. This damage waiver shall not apply to reckless careless or abusive operation or use of t'ne equipment, use or operation: of rile equipmen! exceeding Its
rated capacity, or damage to tires. Wbes 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
eproseni an insurance pokey 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 is pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and fear, while the goods one out of Runynn's possession. Equipmenl iosi, stolen or damaged
heycnd repair wilt be paid'or at its current list p €ice plus the cost of rental up to the time of reporting the loss or chef€ to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by offers, an a
charge of sixty -five dollars (565 00j per hour plus carts.
20- Severability, The provisions o': this Agreement shall be severable so that the invalidity, unenforceability or waiver of acv of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment It Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume tile, risk of and hold Runyon and,€or its
empioyees harmiess for,any property damage or personal Injuries, including carnage and personal injuries attributable to the negligence of Runyon.
22, Property Damage. Ruriyon 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 lees. 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 dua Customer in the event that fewer
days ardor miles are actually used.
25, Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible lot damages to Customer's property or goods in storage or in transit, or for any property tell or stoned In the equipment, or elsewhere
is the ranting location. Customer agrees not tc 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 l om and against any and ill losses, liabilities, damages, injuries, claims. costs and expenses arising out of Customer's use or possession of the equipment, including, but riot limited to any and a fines, penalties and lode itures imposed by
any governmental entity, and, io 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 of employees.
orlon the confiscation of the equipment by any governmental authority because of illegal or improper use. Custumer 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 emplavea of Runyon `Or arty 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 wfi extra time is involved. Our service doss not include set upland knockdown of tables and chairs.
l ints service is required. arrangements should be made several days prier 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 acecirnr e you attar 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 soectat
^rote nn he schcdul_ed -Thor, e.-f l be an aodrional one day rental. A knock down fee will result if rental Items are still up.
27, Waiver of Jury Trial, Each pare v ali as rgihl to s jury trial of arty claim or cause of action based on or arising out of this agreement or the subject matter hereof, This waiver poll in; to all disputes that may retata to the subiecl matter h8iss t
n;cludiny wdhcur limitation, centiaat tort brew h o' cuty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that Phis is a waiver atfmportant lepat Janis and IS) o ckcowledges that
I elshe'lt la's had a reasonable opportunity to discuss this waiver and its effects with legal counsel Accordingly, each party knowingty, voluntarily, irrevocably and unconditionally waives its jury trial rlohis.
28- Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penatiies, parking tickets, traffic tickets, lolls, court costs, attorneys'fees and other charges assessed during the Term In connection wr,h the use, parking, storage, and;
or possession of the Equipment, regardlass of the identity of the driver of any vehicle You rent from Us.
29.1'railers and Towing. Trip custom or is responsible for inspecling and maintaining the irailer coupling mechanism, safety chains. all ile downs, pins and lights in a sale and secure condition while in their posso5simi Cu anima r atones ncl to'cxt
any trailer rented from LIESSOR;DEALER (a) in a careless or negligent manner, (b) at excessive speed or (o) while under the influence of medication, alcohol, or illicit drugs.
30. Headings. The headings used herein ate solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
Alf 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 prevall.
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 FORA ?ARTICULAR 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. This policy also applies to warranty returns. As
staffed rt the Runyon "Return Poliq! '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 folused and:eturned.
All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items tram 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 fee of the fatal amount. All returns must be properly boxed before they are returned. Ifs the customer's responsibility to report any damagesyshonages wffhin 48 hours
of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns wilhout authorization, Upon issuing a Merchandise Return Authorization (MRA), Runyan will instruct customers as to the best means of
eiurning merchandise, Runyon's hIRA's are valid lot 30 days after issuance, MRAs are nut valid after the 30 day time limit expires. Runyon will absolutely riot, under any circumstances, issue art MRA for returns on used or damaged products. Any
°re,ght related damage must he noted on the signed Bill of Lading ATTHE TIME OF DELIVERY. The purchase price at time of saie is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: la) 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
Ecluipmen and (c) on the Transfer Date, Seller will convey the same to Buyer (save only for the purchase money lien, it any, to be retained by Seller should Seller at its sole option, elect to finance ail or any portion of the Purchase Pricei. Buyer
represents and earrants 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 tc be
acceptabfs to Buyer in ad 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 safisiied with, all available training, instructions, operating and
sr manuals, and other intonation (including all training required under applicable OSHA and/or ANSI Standards. if any) regarding the proper and safe transportation use, rfarinenanca. repair and storage of the Equipment.
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyon Equipment Rental
IN SUM OF
410 W. Carmel Drive
Carmel, IN 46032
$149.33
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO# Dept- INVOICE NO. ACCT #!TITLE AMOUNT Board Members
2201 42- 311.00 $82.39 1 hereby certify that the attached invoice(s), or
2201 43- 560.01 $66.94 biil(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
r Wednesday, February 08, 2012
IA A
Street Commissioner
Title V
Cost distribution ledger classification if
claim paid motor 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 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))
01/26/12 $$2.39
01/26/12 $66.94
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