206799 02/28/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $180.88
CARMEL, INDIANA 46032 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 206799
CHECK DATE: 2/28/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 219113 20.90 OTHER EXPENSES
601 5023990 219835 20.00 OTHER EXPENSES
601 5023990 219836 139.98 OTHER EXPENSES
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
o have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter The undersigned shall pay upon return of
A property rented a sum equal to 5% of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIPMENT Y R EN TAL 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, 9 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 FISHERS INDMNAPOL15 shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
317 566 888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half (11/2) percent per month added to accounts overten (10) days old, reflecting an annual percentage rate of eghteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET
CARMEL WATER DISTRIBUTION 161 SHOP
3450 W. 131ST STREET Con# 219836
CARMEL IN 46074
Loc 100
SSN.`.. a, .PHONE_ DATE TIME
W (317) 733 -2855 OUT 02/20/12 3:46 PM WH
W (317) 733 -2840
ID #3 PO /JOB,# .RECEIVED BY
SHOP RANSFORD, BRETT 02/20/12 3:48 PM WH
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MINA' "HOURLY OVNITE '8 -HOUR DAY WE 4 WEEK
1 052837025756 MEASURING WHEEL MP401 KESON 139.98 139.98 139.98
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IFTHE EQUIPMENT IS NOT RETURNED BY 'DUE IN" DATE YQU WILL BE SUBJECTM A CHARGE OF CONVERSION (THEFT). RENT 0.
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 139. 98
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPE ERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00
FULLY UNDERSTANDTHOSElNSTRUCTIONS I ALSO UND STAND Tue AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ERMIS T LEND THIS PR ERTYTO ANY OTHER PERSON. I DW FEES 0 00
UNDERSTAND THAT GIVING OR LE RTYTO Y ER PERS A UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. :iICiNA7UFst,: Addl TAX 0.00
THE UNDERSIGNED, HAVING R70) RSTO H ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 0 0
THE TERMS AND CONDITIONS T ENTAIL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS C E AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT
EQUIPMENT THAT IF MY EMPLSS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY. RUNYO ENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 139. 98
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 139.98
LEASED BY X
EQUIPMENT =T RIM 1 e %!AKAE PHONE 20 FEB 12 15: 48: 04
RETu N D X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment We cha a 5% Damage Waiver on all equipment rentals.
malfunctions unless Runvon Eauinment Rental has been notified. 9 9
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter Runyi 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 disme?hbennent, caused by the equipment and/or arising out of Ruryon's negligence,
Customer shall indemnify and defend Runyon against and into Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which fl) relate to injury or to destruction of
property, or bodily injury, illness, sickness, disease or death of any person including employees of Customer), and I" are caused by or claimed to be caused. in whole or in part, bit the equipment leased herein or by the liability or conduct Inc :tiding
active, passive, primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, a its own cost Or expense, defend Runyon against all suits or proceedings commenced by anyone
which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense and %or settlement. judgment or other resolution. In the event that suds action is commenced naming Runyon as a party Runyon may elect to Defend said action: on Its own behalf and Customer agrees
;hat a shall be noble for all costs, expenses and attorney a fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is ail` :owed eight (8) hours use wit in a 24 -hour period of time. Rental rates for equipment are based or usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer w!I be charged for extra hours or equipment. Ore day is 24 hours or eight (8) hours running time. 16 hours rarrning time it 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 air Equipment Customer may rent or purchase from Runyort.,'whether on the date of this Agreement of at any tittle in the future (except only
as to any Equipment and/or other imams with respect to which Customer executes a new Agreement).
6, Prohibited Uses. Use of the equipment it the following circurns`ances is prohibita( and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, to) Use when the equipment is in bad repair Or is unsafe; (c)
mprope u :'hte: r iled use cr misuse; id) Use by anyone other ;ban Customer or its employees without Runyon; written permission: (e) Use at any location other than the address furnished Runyon wit ^out Runyon 's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned io Runyon full or additional charges wil apply. Also, use of alternative fuels jBiodiesel. E85. etc.; in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel Runyon ohacks the o. lave, in t ^e equipment when if is rented to Customer, Maintenance of proper oil level in thP equipment :s solely the esponsibility of Customer.
8. Repossession. Upon a failure to past rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the doods':rom whatever they are, and Dealer and his agents shall rot be liable for any claims
or damage or trespass arising out of the remove: of the goods.
9.Tires. Customer's totally responsible ter all tire repair. Il is Customer's gibbon to check over the tires before the equipment leaves and nolify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance: does not co' c, equipmeni while in Customer's possession. Customer is responsible for insuring the equipment once it :eaves Runyon's property and until it ?as been returned to Runyons property and
payment has been received. EQUIPMENT MAY ON1Y ErE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY
11. Cleaning Charges. Edu piratil is to Its return;:; to Runyon as c lean as when it left. A charge of sixty -five dollars ($65.00) per hour will oe charged for cleanup.
72. Assignments, Subleases and Loans of Equipment. Plinvorl n;ay assign its rsghts -ender I
is Agreement without Customers consent, but will re r n bound i a: obligation _herein. Custorner may no' sublease or loan the equipment`,', ;thout
?unyor s ivnifec pa mil -Intl. Any purplcrleda ssi b Custorner is gold
13.Time of Return. Cseta s ry. t aoss ,s:on lernuna[es on tiro x„�.,t'o (of tie rental per .d ;'Due In' Jate lime, oral refewio of pr'ssessi„ n a i_r this �l tro consfirit r ater l or act of fits Agreement Time is c the essence ill ihls
14� er e.t Any ex[ „n nmst ne me ,ua'�y green up.,r� trw iting
Late Return. The to ec.: pment is and shy at all times remairt With Runyon- Ea lute ,o return lip equipment by the `Due n' date w+l supjt Ul Customer tq a cnar,e o' co nve•s on ,theft.
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorneys fees, court costs and
interest of one and one half t1 Yt,l percent per month added to accounts over ten (1 0) days old, reflecting or. annual percentage rate of eighteen (18) percent. Customer agrees that this agreemeril is to be construed under the laws of the State of
Indiana and ihat ft legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon: and Customer at a later time.
17. Waiver. Any failure by either party to enforce any provision of this Agreement -hail not constitute a waiver of such provision or prejudice the right of efther 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 io, and herebv does, waive its right, or anv right it might have against Customer, arising from normal damage of time
ental property, normal damage to be determined by Runyon. Customer shall pay upon return of property fame^ a sum Kiel to 5 °0 of rental charge. This damage r:aiver' does not include damage or loss of the property as a result of the negligence
Of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to rEgkless, careless or abusive operation or use of the equipment, use or operation of the equipment 2xceEd,ng its
rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is net an insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon 's rental rates. They are extra.
19. Damaged. Dirty or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession:. Equipment iosi stolen or damaged
beyond reps:, v.'iil be paid for at its current list price plus the cost of rental up to the lime of reporting the less or theft to Runyon. The cost of repairs will be bowie by Customer, whether performed by Runyon, or, at Runy'on's option, by others, at a
charge of sixty -five dollars (565.00) per hour plus pars.
20. Severability. The provisions of this Agreement shall be severable so that the irvzidity, unenforcesio lity or waiver of any of the provisions shall not affect the remaining provi- ions.
21. Loading and Unloading Equipment. Customer is responsible for loading and ur.oading equipment. if Runyon'- employees assist s) leading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and o, its
employees harmless for any property damage or personal injuries, in ludir:g 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. C_- istamer ;ha` :i be solely responsible for payment of any teas, licenses, permits. taxes or tines. required by or resulting `:nom tf:a Customer's use or operation of 'tie equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Cyst mer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the even) that fewer
days and/Or mile- are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equiprment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for ally property left or stored in the equipment. or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from dovm time, materia s or other consequential damages resulting from the use of the equipment Customer releases and holds Runyon.. its agents any employees
harmless irom and against any and all losses, liabilities, damages, injuries claims, costs and expenses arising cut of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governrnerita entity, and, to the extent not covered by insurance, ary claims or liabilities to third parties arising out of the abandonment, conversion, concealr*ent or unauthorized sale of the equipment by Customer or its agents or employees,
or for the confiscation of the equipment by am governmental authority because of illegal or Improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess Of the limits of liability provided for herein as a
rasa' of injury death or property damage arising out of Customers use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During
the 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 radio is closest point truck can park. Extra charges will result in deliveries to upstairs, eiovdtor use or any point vehere extra ii; ^:e is involved. Our service do «;5 not Inc !de sat up and knc ,k clown. of tables and char
If this ser vice is required arrangeme'mts should be made several days prior to deliver} ivilh a special charge quoted If no arran gements arc made and t s services des'ed on delivery, our driver must call for authorization. It time permits war will
try to a;,, mrn.:a :a you after quoting the price. Or pick up robes no prior arrangernerts have beer, :radar and relief items are nor knocked dor,n and assembled ill are sheltered area tables and chairs ..ii, be ref, until the next day vvillen a sPP6,1
a.l't schco: led, There vnt be en additional one day rental. A kno d own tea w result if ren items are still up.
27.V'yaiver of Jury Trial, Each party as 's r y to trial of ary .'a,tl (:r eaus� ol based sin of g ,t of this agreernen. or he subiect matter he eof Iris alt vex per :gins tar„ disp�iics flat may r, i e :.ne s ttr i m".Ne• he,eci.
t;ludinc iho.a'mut.i -,r coriracl limn. br o f d u-, and all other ca r av; and sia'ulory clams andwifl not be sable_ any Exrep ohs La n. pa-.j; ,A) u dErstarids th .his is a oiia.ve of il t gar: r girls and 181 kno,.,cdges t'-at
eisne has had a reasonable oppo iuri'y to ci scuss fills „a ,ur aria is elects w, :h regal counsel. According enh carry a knowingly, voluntarily, irrevocably and uncanditionai'v waives its a'y'na, ncnis.
28.Tickets, Fines and Penalties,You agree to furry and promptly pay a fires peralties. parking `ckets, traffic fickets tells. court costs, attorneys' fees and other charges assessed doing the Term in connection with the use, park'ng. storage, and'
or possession of the Equipment. regardless of the identhy of the driver of any vehicle You rent from Us.
29. Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and ilia is in a safe and secure condition while in their possession. Cost", ef agrees riot to tow
any trailer rented from LESSOR /DEALER (a' in a careless or negligent manner, (b) at excessive speed or c) while under the influence of medication, alcohol. or illicit drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. if the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, :hen the terms from the Equipment Purchase Agreement preva
AS-IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE VvARRA.NTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES. INCLUDING, WIT H OUT LIMITATION, THE IMPL ED
A?RA :NTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED' ROM THE SALE OF TWIS EQUIPMENT :RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES ILL NOT BE LIABLE
0 RESPONSIi3LE OR ANY SPECIAL, iP1CICEN ?AL OR CONSEQUENTIAL DAMAGES ARISING OUT 0? OR RELATED TO THE SALE OF THIS EQUIPMENT 70 CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE.
NiER HFOR!ES 0:= THE LAty' OF CONTHACT. S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is iiabie for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during sh ppirg .This policy also applies to waralmy returns. As
strtfd 'h_ Runycc R„.wn Poles .ribs._ custcm'srs rE'urn an item or items for credit, a 25`? restocking fee wi are charged to your ac pineal apph. able nbounc and cuiocuno ire ghtTlhis poi cy also applies to shipments re`csed and returred.
All can i of s of g,,, is anu sr a to a 23. ,f ;.,al invoiced .,roe.:, cance fee -an in stock items from Runvon locations ONLY. Return shipping of time product is not ,efunda ;e Al N os is purchases aro non refun da. e. pr shipment
ed n .runditio (_r bland :..r illci arced 53:- estocking fee of he total amount. All returns must be properly boxed before they are returned Its ;he cus;orner's rase nsib. i, o retort arty damag s ho wi tin 48 hOJrs
of reTf rc ,he pro )fan .41 not da rc, 48 :Ou after ceirve w. Runyon will not accept return 'nithout authorization, Upon issuing a Iv: ,rohandise Return Aum tzar on (MR,(. Rriyon Jr r tuci t n ..ors as (h_ bast ;leans cif
o cichand.se. Rurlitons ..;chard lv!RA f .oays encf issuance. MRAs are not valid after the 30 dry time l xpires -:my;n will absolutely not, under y :;an :stn. cc.> _u ar, MRA o. retu r.s o:t used ,.r darnac d uodu i t t
got r I,a,.,; dam p H be ,ilea ign.. B w a AT TE 7 fdE OF L VERY The p; .cif rso Price, at time of sa E is `trial.
REPRESENTATIONS AND WARRANTIES; S r ;qe is ano „arras s the',: is Better iias all necessary r gir. pawe, and auf :ore y .e elite: :rte and perform the tiransarnora re orate. f :ererl tbi Sc'. -_r has g.. a and maraefc. e title in N e
;uipr ter I, :nd (c) or .,r.� a se, Late Se: ,vi t co nee} t sa:.o to B,:yer (save on1vtorthe aurcnase ;Honey .ten, it any- to be retained Ly Sellers_ ould Sere at its sofa ptor eleot to finance all or any corlion of me Pe a,.e P!i„e uye,
d es, r a to halt is t at: s er r (as all riece sar ug', .,u�r r and a -d mo to enter into sif1d „ertor- the transact Or t"
)3 refere cEd herA ,iii CTu}e has -aloof d and car ,(II} Inspected anv: axarn. d he Eqo p .e d d he sam_ be
to laver n c1 ,lac s based on a e ,a.,: nos coleN Ly Buyer and not based or any reromm ndatton by Sal and I j Buyer has received, carefully reviewed and is sat stied i ih, all cvailatle rrai :.r g si;n of ooe a frig and
user manual., and it,.r:.,aa„ n ,m,.: xdkng a'. training ccf. td moer epos c.gle OSHA and /or AN_-I Standards, if aryl gard:ng the proper no sate trarsponatior, use, main repair an,", storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right a might
A have against the Rentee, arising from normal damage of the rental property, normal.damage to be determined by Renter. The undersigned shall pay upon return of
AC party rented a sum equal to 5°f of rental charge. This "damage waiver does not Include damage or loss of the property as a result of the negligence of the Rentee
or in the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding Is rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, 4 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 FISHERS INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
317 566 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonabte attorney
fees, court costs and interest of one and one halt It 1v2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't t be a tool Rent one warranties of merchantability or fitness fora particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL eom incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO' JOB' LOCAT TICEEET ^s
CARMEL WATER DISTRIBUTION 1.61 WATER
3450 W. 131ST STREET Con# 219173
CARMEL IN 46074
Loc 100
S PHONE DATE TIM E•
W (317) 733 -2855 OUT 02/08/12 3:09 PM WH
W (317) 733 2840
ID #3p0 JOR RECEIVE BY
WATER ALVEY, RICK 02/08/12 3:13 PM WH
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT-
MIN
HOURLY: O`TIQITE -S- HOUR` D AY IiEEK `4 "�7EEK
1 101 PROPANE 30 POUND REFILL 20.90 20.90 20.90
r
R 2
,3?
f f l y3
;3 1
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IM' DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 00
Use of alternative fuels, (Biodlesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALE '2 90
1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER O O G
FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDqONSY THAT I THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME ONTO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW/ �.'EE S 0 00
UNDERSTAND THAT GIVING OR LENDINC�+tt5lr�tisER OTHER PE RSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. J( "NA 4 Addl TAX 0 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALE TAX 0 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 20 90
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT B 2 0 90
EQUIPMENT I g pT CELL
LEASED BY X p 'II r A l E PHONE 08 FEB 12 15 13: 07
RETURNED BY X .m RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FO R TIME UT N TTIME 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 I N
NO ADJUSTMENTS OR CREDITS will be made on equipment We charge a 5% Damage Waiver on all equipment rentals.
malfunctions unless unvon Eau►Dment Rental has been notified.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands ifs proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify Rdayon Equipment Rental Inc (hereinafter "Runyon of any defects.
2. WARRANTIES, THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment caused by the equipment and /or arising out of Runyon's negCgerrce.
Customer shall indemnify and defend Runyon against and hold Runyon, harmless from any and all claims, actions suits, proceedings, costs, expenses, damages and liabilities Including attorney's fees which (1) relate to injury or to destruction of
property. or bodily injury, ilness, sickness, disease or death of any person: ;including employees of Customer), and (2) are caused'oy, or claimed tq be caused in whole or in pat by the equipment leased herein or by the liability or conduct (including
active, passive, primary or secondary) of Customer. its agents or employees, or anyone for :whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a .named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense andior settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of tuna. Rental rates for equipment are based on usage during this eight (8) hour shaft. 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 a3-day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment ardor other items with raspect to which Customer executes a new ,Agreernedt).
6. Prohibited Uses. Use at the equipment lr, the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, de) Use when the equipment is in bad repair or is unsafe; (c)
Improper, unintended use or misuse, d) Use by anyone other than Customer or its employees, without Runyon's written permission: (e) Use at any location other than the address furnished Runyon without Runyon's written: permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prolbblted. Customer is
liable far all damages and repairs that resuit from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper o1 level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a ailure to pay rent Or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods,
9.Tires. Customer is totally responsible for all tire repair. It is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED CURING NORMAL BUSINESS HOURS, ANY EQUIPMENT !.EFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REP,4AlNS THE CUSTOMERS
RESPONSIBILITY
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge cf sixty -file 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 Customers consent, out will remain bound by air obligations herein. Customer may not sublease or loan the equipment without
Runyon s written permission. Any purported assignment by Customer is void.
13.TIme of Return. Customer's night to possession te- minatn_ on the exultation of the rartal period °Due' :n' gate time) and retention of possessor after this time constitutes a ^taterial breach of this Agreement Time is m;he esserce in this
Agreement. Any extension must be mutuailly agreed upon in writing.
14. Late Return. `life to equipment is and shat at all times remain with Runyon. Failure to return the equipment by the "Due In" date will subjecf Customer to a charge o*:' conversion (theft).
15,Time of Payment. Accounts are due and payable of the termination of the rentals 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
merest of one and one half 0 161 percent Per month added to accounts over ten (1 0) days old. reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is td be construed under the taws of the State of
Indiana and that if legal action is brought in an! too this agreement that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed Runyon and Customer at a later time.
17. Waiver. Any failure by either parry to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18. Damage Waiver. in consideration; of the payment of additional rent classified as "damage waiver' by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the
rental property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. T is "damage waiver' ides not include damage or loss of the property as a resul t of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipmer:.t use or operation of the equipment exceeding its
rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. it is understood fhe amount pad is not an Insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure. No damage waiver license. sales or use taxes are included in Runvon'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, wrh re the goods are out of Runyon's possession. Equipment lost stolen or damaged
beyond repair will be paid for at its current list price plus the cost of rental uP to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a
charge of sixty -five dollars (65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the irwaijdity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21, Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries at ributable 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 shat: be solely responsible for payment of any fees, licenses, permits, taxes or fines.. required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees ihat mileage and tune charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and /or miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in, the equipment, or elsewhere
In the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liablites, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and fodeiturzs unposed by
any governmental enfity. and, to the extent not covered by insurance.. any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason: or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any reg ;latory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs.
Phis service is required, arrangements should be made several days pion to delivery with a special charge quoted. if no arrangements are made and this service is desired on delivery, our driver must call for authorization, If time permits, we will
try to accommodate you after quoting the price. On pick ule where no prior arrangements have been made and rental items are not knocked dowi and assembled in one sheitered area, tables and chairs will be left until the next day when a special
crew ;zn be scheduled. There will be an additional one day rental. A knock down fee will result if rental items are slif up.
27,Waiver of JuryTrial. Each party „allos its right to a lury v r'al of any plasm or cause action based or. or aris ng alit of the agreement or the subject matter hereof. T, is ilvarver pertains di,putes That may r.lat suo' ore matter h remot.
ncludirg %tit hout I r nation, contract :crt breac "t of duty, and all other common law and statutory claims, and will not be subjec t o any exceptions Each party (A) understands that this is a. waiver of rrpor art :ega. rig, is and (B a rc o, dedges :hat
heishe91 has had a reasonable opportunay to discuss this waiver and its effects vl1th legal counsel. Accordingly, each patty knowingly, a luntaray, irrevocably and unconditionally waives itsJury it a nights.
28.Tickets. Fines and Penalties. You agree to fully and promptly pay all "tines, penalties, parking tickets tra fin tickets, fails, court costs, attorneys' fees arid other charges assessed during the Term in connection with the use, parking, storage, ands
or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us.
29. Trailers and Towing. The customer is responsible for inspecting and maintaining the frailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees nct to tar::
any trailer rented from LESSORYDEALER (a) in a careless or negligent manner. (b) at excessive speed or (c) while under the influence of medication, alcohol, or iflich drugs.
30, Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreemeni. If the Equipment Purchase and the berms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS-IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE NlARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE Ih- 1PLIED
WARRANTIES 0'= 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 OFF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARSE
UNDER THEORIES OF THE LAIN OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
stated :n tile, Runyon _R tum Policy when: customers return an item or items for credit, a 2 restocking fee will be charged to your account plus all applicable inbound and cutdot,hd fre:ght.This poP.cy also apples to shipments refused and retuned.
All carceilat!o 1e.rt whole goods are woject to a 259s ;df total vo.ced dicer, cancellation fee on In stock isms from Runyer locations ONLY. Return shipping of tna ,,products ^at refundaLie. A, 1 parts cur chases are Iron refundable. Any shipment
aceived in conditiot s ether than. sand new twsil cc charged 50,E restocking fee of the total amount All returns must be properly boxed before they are returned, it's the customers resp ns ui _.y -d report any oarnagesyst`o -;ages within 48 hours
of receiving the product Runyon will not accept claims 48 hours allot de svery. Runyon will not accept returns wl=h 01.1, authorizatigr. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as to the Lest ^means or
returning merchandise. Runyon's MRA's are valid for 30 days after issuance, MRAs are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, issue an MRA for returns on used or damaged products, Any
freight related damage must be rated on the s igred Bi.. of adirg AT 7 HE TIA`E OF DELIVER,, I pu chase price e at bme s., a is `nail.
REPRESENTATIONS AND WARRANTIES: Se represents and warrants that (a, Se'.er has all necessary sight, power and aumos4, to enter Into and perform the transaction refeserced herein; +;b) Seller has goad and -sarceigc.e tae to Ps
and (o) or. the Tarisfer Data. Sella will convey the same to Buyer ;save only for the Purchase morley .e-nl if any, to be retained by Seller should Selier, at Its sole cation, elect to finance all or any portion of tae Purchase Price). Buyer
represer *s and warra is t. at: (0 Buyer has all necessary right, power and authority to enter into and pe.rfgrm the transactions referenced herein; (ii) Buyer has selected and carefully inspecled and examined the Equipment and .and the same to be
acceptable to Buyer in a 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 ,,ah, all available tranrg, na,ruction_ operattro and
user manuals, and Pi information (including afl. training required under applicable OSHA andigr ANSI Standards, If any) regarding the proper and sale transportation, use, arterar= e rooair and s orage of the Equipment.
In consideration of the payment of additional rent classed as 'damage waiver" by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
property rented a sum equal to 5% of rental charge. This 'damage waiver" does not include damage or loss of the property as a result of the negligence of the Rentee
or in the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, 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
GA(ZMEL a F15HE95 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
317 566 8888 The parties agree Ifk t in the event the Rentee violates arry of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one he# (1 1/W) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent.
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and lt is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't t be a fool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrental eom incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days o Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET
CARMEL WATER DISTRIBUTION 161 SHOP
3450 W. 131ST STREET Con# 219835
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2855 OUT 02/20/12 3:33 PM WH
W (317) 733 -2840
ID #3 PO /JOB RECEIVED BY
SHOP MCNULTY, MATT 02/20/12 3:36 PM WH
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK
2 00879 PRESSURE WASHER TIP 1,0 20.00 20.00
THE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 0 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 20 00
1AVE BEEN INSTRUCTED &DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT A� OTHER 0.00
ILLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
fAT RUNYON EQUIPMENT RENTAL DOEfNE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW FEES 0 0 0
JOERSTANDTHAT GIVING OR LENDING PE ANY OTH R ERSON FOR Y REASON IS UNAUTHORIZED
RUNYON EQUIPMENT RENTAL. X u n- Addl TAX 0 0 0
E UNDERSIGNED, HAVING READ A 00 E ABOVE, HEREBY REES TO E T E AR IC S NAMED ON SALES TAX 0 0 0
E TERMS AND CONDITIONS SET FOR S RENTAL AGREEMENT. I VE READ THE ABOVE INFORMATION AND
KNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PR ISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00
UIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
NTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
=S, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
VTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 20 00
VTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 20 00
SERB JIPME
Y X PRIM` NAME CELL
SEDG PRINT 3 119 iV9 PHONE 20- FEB -12 15:36:39
WMENT 2 (3 fi E'T ?3 9
uRNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES,
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, FUEL AND ELECTRIC CURRENT. will apply. X li r I''j
NO ADJUSTMENTS OR CREDITS Will be blade on equipment We charge a 5 Damage Waiver on all equipment rentals.
fa��unc }inns un)0SS Runyon Equipment Re Sta/ has been notified
E
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon`) of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS.
3, Indemnification. Customer agrees to assume the risks of. and hold Runyon harmless far, property damage and personal injuries, including death and dismemberment, caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs• expenses, damages and liabilities including attorneys fees which (1) relate to injury or to destruction of
property, or bodily injury, illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive. pnrrart or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own`cost or expense, defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon:, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense and /or settlement, judgment or ether resolution. In the event that such action is commenced naming Runyon as a party.. Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs, expenses and attorney s fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equioment for over 8
hours In one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 1 6 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in 'he future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a' Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe; c
Improper, unintended use or misuse (d) Use by anyone other than. Customer or its employees, without Runyon's written permission: (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
l iable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer, Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents snail not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is (o be returned to Runyon as clean as when it left. A charge of sixty -five dollars (565.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyon's written permission Any purported assignment by Customer is void.
13.Time of Return. Customers right to possession terminates on the expiration of the rental period "Due In" date Z time) and retention of possession after this rme'constitutes a material breach of this Agreement. Time is of the essence in this
Agreement. Anv extension must be rnutuafy agreed upon In writing.
14. Late Return. Title to equipment is and shat; at all times remain with Runyon. Failure to return 'lie equipment by the "Due in` date will subject Customer to a charge of conversion (theft).
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16, Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of one and one half (1 percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver, Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18. Damage Waiver. In consideration of the payment of additional rent classified as "damage waiver' by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the
rental property. normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5`.-6 of rental charge. This "damage waiver' does not include damage or loss of 'he property as a result of the negligence
of Customer or in the case of abusive damage. theft or other gross negligence of Customer. This damage waiver shall not apply to reckless careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure, No damage waiver license, sales or use taxes are included in Runyon "s rental rates. They are extra.
19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repair will be paid for at its Current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a
charge of sixty -five dollars (865.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unonforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon areal %or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
23, Fees, Licenses, Permits. Taxes and Fines.. Customer.shail be.solely- responsible for payment of any fees, ticenses,"permCS' taxes or tines. required by orresulting"from`the Customer's use orr operation of the equipment.
24, Charges. Customer shall pay all charges required under this Agreement upon dernard. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customers property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities, damages, injuries, claims. costs and expenses arising out of Customers use or possession of the equipment, including. but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity. and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized safe of the equipment by Customer, or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer not any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. wring
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knockdown of tables arid chairs
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. if time permits, we wt
try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area, tables and chairs will be left until the next day when a spec a
crew can be scheduled. There will be an additional one day rental. A. knock down fee will result if rental items are still UP.
27. Waiver of JuryTrial. Each party ,naives its right to a ;wry trial of any claim or cause of action based on or arising out of this agreement or 'he subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter here
including, without imitation, contract, tort, breach of duty and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and (B) acknowledges c
helshe.'it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its tury trial rights.
28.Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets, traffic tickets, tolls. court costs, attorneys' fees and other charges assessed during the Term in Connection with the use, parking, storage an
or possession of the Equipment. regardless of the identity of the driver of any vehicle You rent from Us.
29.Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customeragrees not to to
any trailer rented from LESSOR/DEALER (a) in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of medication, alcohol, or illicit drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by ;he 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 preyed
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 IMPL
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 UAi
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 A1
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 shippirg.This policy also applies to warranty returns
stated in the Runyon "Return Policy;' when customers return an item or items for credit, a 25% restocking fee will be charged to your account:, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and retur
All cancellations of whole goods are subject to a 25 (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable All parts purchases are non refundable. Any shier
received in conditions othor than brand new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned. It's 'he customer's rosponsibirry to report any damages'shortages within 48 h
of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyan will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRAi. Runyon will Instruct customers as to flte best mea
eturn rig merchandise. Runvon's MRA's are valid for 30 days after issuance, MRAs are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumslances. issue an f'ARA'or returns on used or damaged produci<
freight related damage must be noted on the signed Bid of Lading AT THE TIME OF DELIVERY. The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Se ere represents and warrants that (a! Seller has all necessary right, power and authority to enter into and perform the transactions reierenced herein; (br Sege has good and marketable title
Equipment; and (c) on the Transfer Date, Seder will convoy the sane to Buyer (save only for the purchase money lion, it any, to be retained by Seller should Seee at its sole option, elect to finance all or any portion of the Purchase Price).
represent and ivarrants il
hat: Buy has at nFCessa right power and authority to enter into ar perfor^ the transactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found fhe same
acceptable to buyer in all e based o cri estabi,00d solely by Byer and, of based or any recommendation by Seller; and (u;) Buyer
user manuals, and othe f has received, carefully reviewed and is satisf Ui
.etl w all available irainirg nstrucfipnS, Cpefa "till
r :aU n (including a tr fining r_qu ed rider app, cable OSHA, and/or ANSI Standards, if any) regarding the proper and sa ;re transportafton. Use Ri31B1E d.00.°•, IE7d /�pU $�UCBG2 0 :'RE E quip i20L
v
Prescribed by State Board of Accounts City Form No. 201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
354867
RUNYON EQUIPMENT RENTAL Purchase Order No.
410 W CARMEL DRIVE Terms
CARMEL, IN 46032 Due Date 2/22/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
2/22/2012 219835 $20.00
hereby certify that the attached invoice(s), or bill(s) is (are) true and
:orrect and I have audited same in accordance with IC 5- 11- 10 -1.6
Date G O i r
VOUCHER 113839 WARRANT ALLOWED
354867 IN SUM OF
RUNYON EQUIPMENT RENTAL
410 W CARMEL DRIVE WATER
CARMEL, IN 46032 OPERAVONS
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
219835 01- 6200 -06 $20.00
36,90
Voucher Total
Cost distribution ledger classification if
claim paid under vehicle highway fund