HomeMy WebLinkAbout207211 03/13/2012 „yf CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $857.53
CARMEL, INDIANA 46032 410w CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 207211
CHECK DATE: 3/13/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4231100 142.19 BOTTLED GAS
2201 4232100 50.55 GARAGE MOTOR SUPPIE
2201 4353099 242.00 OTHER RENTAL LEASES
651 5023990 218684 41.80 OTHER EXPENSES
1207 4353099 218760 360.00 OTHER RENTAL LEASES
211 4462838 2200606 20.99 STORM WATER PHASE II
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
U N�(O N have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
A`�A property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or lass of the property as a result of the negligence of the Rentee
or in the case of abusive damage, theft or other gross negligence of the Rentee. This damage warier shall not apply to reddess, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
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, 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
GA(ZMBL FISHERS INDINNAPOL15 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 88 8 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one haft (11/2) pecent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a toot Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrental .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
CITY OF CARMEL 448 25849
ONE CIVIC SQUARE Con# 220606
CARMEL IN 46032
Loc 100
SSN PHONE DATE TilMm
W (317) 571 -2448 OUT 03/02/12 10:35 AM WH
F (317) 571 -2409
ID #3 PO /JOB RECEIVED BY
25849 THOMAS, JOHN G 03/02/12 10:39 AM WH
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE B -HOUR DAY WEEK 4 WEEK
1 045734986084 PIPE WRENCH 14" MINTCRAFT 12 12.99 12.99
1 299 LABOR ,,'8100 8.00 8.00
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUEUECTTO A CRARGE OF CONVERSION (THEFT). RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 20 99
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 0 0
FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW/ FEES 0 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X lr< Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX O O O
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0.00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 2 0 9 9
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT S85 AN HOUR. AMT BILLED 20.99
EQUIPMENT r°}e" IN 1 {��AME CELL
LEASED BY X C"�S"`�9tV NAME
PHONE 02 MAR 12 10:39:34
RETURNED 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, DUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon`) of any defects.
2,WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment caused by the equipment andlor arising out of Runyon' negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings. costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
property, or bodily injury, illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive, primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party,. Runyon may elect to defend said action on its own behalf and Customer agrees
that if shall be liable for all costs, expenses and attomey's fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.. whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad 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 oihen rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biod esel, 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 10 Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
'or damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all fire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does poi 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 Ruryon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left A charge of sixty -five dollars ($65.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customers consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment Without
Runyon's written permission. Any purported assignment by Customer is void.
13. Time of Return. Customer's right to possession terminates on the expiration of the rental period "Due In" date 3 time) and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence in this
Agreement. Ary extension must be mutually agreed upon in writing.
14. Late Return. Title to equipment is and shall at all times remain with Runyon. Failure io return the equipment by the "Due In' date will subject Customer to a charge or 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 coliect damages together with reasonable attorney's rees, court costs and
interest of one and one halt 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 Safe 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 "darnage 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`.c of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage. theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment use or operation of the equipment exceeding its
rated capacity or damage to tires, tubes and :,heels 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 Runyons 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 invalidity, unerforceability 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 ardlor its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits, Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days ardlor miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities. damages, injuries, claims. costs and expenses arising out of Customer's use or possession of the equipment, including. but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity. and, to the extent not covered by insurance, any clams 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 properly 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 Mis Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up, Delivery is made to closest Point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chalrs.
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 drier must call for authorization. If time permits, we will
try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area, tables and chairs will be left until the next day when a special
crew can be scheduled. There will be an additional one day rental. A knock down fee will result if rental items are still up.
27. Waiver of Jury Trial. Each nary waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter hereof,
including, w :thout limitation, contract, tort, breach of duty. and all other common law and statutory claims, arid will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and (B) acknowledges that
he sherT has had a reasonable opportunity to discuss this waiver and its effects w.�ith legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its iury trial rights.
2 8.Tickets, Fines and Penalties. You ogres to fvi and promptly pay all fines. penalties, larking tickets, traffic tickets, tolls, court costs, attorneys•fees and other charges as eased during the Tartu In canneetion with the use, narking, storage, and'
or possession of the Equipment. regardless of the identity of the driver of any vehicie'rou rent from Us.
29,Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chairs, all tie downs, pins and lights in a safe and secure condition while !q their possession, Customer agrees not to to.v
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.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THiS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL. INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for as shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
stated in the Runyon "Return Policy." when customers return an item or items for credit a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable.. Any shipment
received in conditions other than brand new will be charged 50`o restocking fee of the total amount. All returns must be properly boxed before they are returned. It's the customers responsibility to report any damages/shortages within 48 hours
of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as to the best means of
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 rioted on the signed Bill of Lading AT THE TIME OF DELIVERY. The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seller has all necessary right, power and authority to enter into and perform the transactions referenced herein: (b) Seller has good and marketable title to the
Equipment: and (c) on the Transfer Date, Seller will convey the same to Buyer (save only for the purchase money lien, if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of the Purchase Price!. Buyer
represents and warrants that: (i) Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller; and (iii) Buyer has received, carefully reviewed and is satisfied with, all available training, instructions, operating and
user manuals, and other infornalion (including ail training required under applicable OSHA andfor ANSI Standards, if any) regarding the proper and safe iransportatio n, use, maintenance, repair and storage of Inc Equipment.
r
Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995)
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Runyon
Purchase Order No.
410 W. Carmel Drive
Terms
Carmel, IN 46032
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
3/02/12 2200606 Instalation supplies $20.99
Creek signs
Total
1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyon IN SUM OF
410 W. Carmel Drive
Carmel, IN 46032
$20.99
ON ACCOUNT OF APPROPRIATION FOR
Department of Engineering
Board Members
PO# or INVOICE NO. ACCT #/TITLE AMOUNT
DEPT. I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
n/a 2200606 2 11 -"62838 $20.99 materials or services itemized thereon for
which charge is made were ordered and
received except
20
Signature
C'►�i EnQ�naa�'
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
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 {t F.N7AL 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, t 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 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 8888 The parties agree that in the eml the Rentee violates arty of the terms and conditions of this agreement, he Renter may collect damages together with reasonable atomey
fees, court costs and interest of one and one haft It 112) percent per month added to accounts over ten (10) days o reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't t be a tool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for 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 JOB LOCATION TICKET
CITY OF CARMEL BROOKSHIRE GOLF 3962 KEN 771 -4524
12120 BROOKSHIRE PARKWAY 12120 BROOKSHIRE PARKWAY Con# 218760
CARMEL IN 46033 CARMEL IN
Loc 100
SSN PHONE DATE TIME
H (317) 846 -7431 OUT 02/02/12 8:00 AM SAF
F (317) 846 -9980
ID #3' PO /JOB RECEIVED BY
0 FORKLIFT MILLER, KEN R TURNED 02/02/12 12:21 PM SAF
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY; WEEK,. .,4 WE
1 5614 -0001 FORKLIFT 22' 8,000# STRAIGHT 200.00 200.00
l
$150.00/4 200.00 200.00 800,:00 \}24'0'0.00
y' l ..'�J
OFF, RENT# p 83 0.5"
1 15 DELIVERY PICK -UP ROLLBACK. #4 150.00 150.00 150.00
t'v\ 4 f1
IFTHE EQUIPMENT IS NOT RETURNED BY'DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 200. 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 150 00
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTANDTHAT I AM THE PERSON RENTINGTHIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW FEES 10 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X w( {,,�4�;; i�F Add1 TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 360 00
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 360 00
LEASEDBY
X PRINT NAME CELL
il PHONE 04- FEB -12 12:28:33
EQUIPMENT
RETURNED BY X J RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malf unctions unless Runvon Eauioment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS,
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries. including death and dismemberment, caused by the equipment andr'or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
property, or bodily injury, illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive. primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of 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 attorneys fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party,. Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of lime. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the `ollowing circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner: (b) Use when the equipment is in bad repair or is unsafe; (c)
Improper, unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9. Tires. Customer is totally responsible for all tire repair. It is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance, Runyon's insurance does not cover equipment, while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON*S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILI ?Y.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars ($65.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyon's wriften 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 time) and retention of possession after this lime constitutes a material breach of this Aareement. Time is of the essence in this
Agree =Went. Airy extension mast be mutually agreed upon in writing.
14. Late Return. Title to equipment is and shall at all times remain with Runyon. Failure to return the equipment by the "Due In" date will subject Customer to a charge of conversion (theft).
15.Time of Payment. Accounts are due and payable 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 halt (1 Yi) 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 it legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18. Damage Waiver. In consideration of the payment of additional rent classified as "damage waiver' by Customer, Runyon agrees to, and hereby does, waive its fight, or any right it might have against Customer, arising from normal damage of the
rental property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5° of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity. or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra.
19. Damaged, Dirty, or Lost Equipment. Customer agrees 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 ($65.00) per hour plus parts.
20. Severabilfty. The provisions of this Agreement shall be severable so that the invalidity, unenforgeability 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 leading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon andor its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits.Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days andror miles are actually used.
25, Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities, damages, injuries, claims. costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity. and, to the extent not covered by insurance. any claims or liabilities to third parties arising out of the abandonment, conversion. concealment or unauthorized sale of the equipment by Customer.. or its agents or employee,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made 10 closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. It time permits, we will
try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area. tables and chairs ,v ill be left until the next day v:hen a special
crew: car be scheduled. There will be an additional one day rental. A knock down lee will result if rental items are still up.
27. Waiver of Jury Trial. Each party waives its right to a jury trial of any claim or cause o' action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter here: r..
Including, without limitation. contract. tort. breach of duty, and all other common lawn and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a wa i ver of important legal rights and (B) acknowledges that
nershe t has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
28.Tickets, Fines and Penalties, You agree to fully and promptly pay all fines, penalties, parking tickets, traffic tickets, tolls, court costs, attorneys' fees and other charges assessed during the Term in connection with the use, parking, storage, and
or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us.
29. Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs. pins and lights in a safe and secure condition while in their possession. Customer agrees not to tow
any trailer rented from LESSOR/DEALER (a) in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of medication, alcohol. or illicit drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE Ifv1PL{ED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES 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
stated in the Runyon "Return Policy," when customers return an item or items for credit, a 254- restocking fee will be charged to your account, plus all applicable inbound and outbound ireight.This policy also applies to shipments refused arid returned.
All cancellations of ;hole 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 s'nipment
received in conditions other ;hap brand new will be charged 509', restocking fee of the total amount. All returns must be properly boxed before they are returned. It's the customer's responsibility to report any damages'shor *,ayes wimin 48 hours
of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as to the best means of
returning merchandise. Runyon's MRA's are valid for 30 days after issuance, MRAS are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, issue art. MRA fa returns on used or damaged produces. Any
freight relaled darnage 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) Seiler has all necessary right, power and authohty to enter into and pedorn the transactions referenced herein; (b) Seiler has good and marketable title to the
Equipment and (c) on the Transfer Date, Seller will convey the same to Buyer (save only for the purchase money lien, if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of the Purchase Price). Buyer
represents and warrants that: (j) Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein; (it) Buyer has selected and carefully inspected and examined the Equipmert and found the same to be
acceptable to Buyer in ail respect's based on criteria established solely by Buyer and not based on any recommendation by Seller; and (i8) Buyer has received, carefully reviewed and is satisfied with. all available training, Instructions, operating and
user manuals, and other information (including all training required under applicable OSHA and /or ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates 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))
02/02/12 218760 Rental Equipment $360.00
1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6
20
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyon Equipment Rental
IN SUM OF
410 West Carmel Drive
Carmel, IN 46032
$360.00
ON ACCOUNT OF APPROPRIATION FOR
Brookshire Golf Club
PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members
1207 I 218760 I 43- 530.99 I $360.00 1 hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
Thursday, March 01, 2012
Director, Brookshire olf Club
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund
In consideration of the payment of additional rent classified as 'damage waiver' by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
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
t'VA 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 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
�QUIpMENT RENTAL other causes Inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, if a total loss, will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
Cp9mF -L RS11E7-5 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
31 5 66 888 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 (1 V2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrenfa. 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 LOCAT TICKET
1t ION
CARMEL WASTE WATER 9855 SHOP
760 3RD AVENUE SW Con# 218684
SUITE 110
CARMEL IN 46032 Loc 100
SSN PHONE D ATE TIME
.i 1 2634 OU
01%1/12 PM „P.F
H (31.7\ C7l _.7C7 T 1 1:3Q S
F (317) 571 -2636
ID #3 JOB C "C" 'RECEIVED BY
SHOP ROBINSON, ERIC 01/31/12 1:40 PM SAF
*FINAL Page: 1
ITEM# EXT AMT
NET..AMT
MIN _.'H OVNITE 8- HOUR'" DAY WEEK 4
OURLY WEEK
2 101 PROPANE 30 POUND REFILL 20.90 41.80 41.80
,e
jw
frp
9
f
IFTHE EQUIPMENT 6 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. SALES 41.8 0
Customer is liable for all damages repairs that result from alternative fuel.
1 HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00
FULLY UNDERSTAND THOSE INSTRUCTIONS, I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW/ FEES 0 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED Addl TAX 0 0 0
BY RUNYON EQUIPMENT RENTAL. X q
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 DEPOS 0 00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 41 80
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 41 80
EQUIPMENT I ELL LEASED BY X NT NAM E PHONE 31-JAN-12 13 4 0 3 9
EQUIPMENT
RETURNED BY X 1 ,ply): FR RENTAL FEES DO NOT APPLYTO PURCHASES.
WE CH ARGE FOR TI T 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 ltd'`A_
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Et1UIDment Rental has been notified We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection, Customer acknowledges that t has tied an opportunity to personally inspect the equipment and finds it suitable for Its needs and in good condition, and that Customer undo stands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify :Runyon Equipment Rental Inc (nerelnafter "Runyon "j of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE. ORTHAT
IT IS FREE FROM DEFECTS,
3. Indemnification, Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemicernient, caused by the equipment andlor arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims. actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (t; relate to injury or to destruction of
preperty< or bodily injury. '1lness, 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 finduding
active, passive, primary or secondary) of Customer. its agents or employees, or anyone for whose acts any of them n „ay 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 attorneys fees incurred in such defense andlor seftlement, udgment or other resolution. In the event that such action is commenced narn!ng Runyon as a party, Runyon may elect to defend said action on its own beha and Customer agrees
that it shall be'abie for all costs, expenses and attorneys fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters Is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. 11 Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 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 the future texcept only
as to any Equipmeni and /or other 'ems with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment inn 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 Ruryon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's writen. 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 (Dodiesel, E85, eta) in Runyon equipment is prohibited. Customer is
able for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when is rented to Customer. Maintenance of proper oil level in the equipment is soleiy the respdn sbi'ry of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take Possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires, Customer is totally responsble for all tire repair. It is Customer's Option to check over the Uses 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. CUSigmer is responsible for insuring the equipment once If ieavas Runyon's property and until it has been returned fc Runyons property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BJSINESS HOURS, ANY EQJIPMENT LEFT A RUNYON S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBI -17Y.
11. 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 ;viii he charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign Its rights under this Agreement without Customer's consent, but'rlill remain bound by al': obligations herein. Customer may not sublease or loan the equipment without
Runyor's written permission. Acrd purported assigrment by Customer is void_
13. Time of Return. C .stomer's right to Possession terminates on the expirai on of the rental Period (Due in” date R time) and retention of possession aster this time c:estitut s am iserial breach of this .greement Time is or essence in this
Agreement. Any extension must be mulual!y agreed upon in ^.siting,
14. Late Return. Title to equipment is and snall a: aii times rarer Runyon. Fa are to return 11 he equipment by the Due in date will subject Customer to a charge o` cpnver, iort (theft).
15. Time of Payment. Accounts are due and payable at the termination of the rental period.
i6. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agraemaN, Runyon may collect damages togather with reasonable attorney's lees court costs and
interest of one and one half (1 percent per month added to accounts over ten (10) days old, reflecting at, 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 walver by Customer. Runyon agrees to, and hereby does, waive its right, or any right it might have against Custorner, arising from normal damage of the
rental property, normal damage to be determined by Runyon. CUs omen shall pay upon return of property rented a sutra equal to 5 of rental charge. This "damage .vainer' does net include damage or loss of the property as a result Of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipmeni, use or operation of the equipment exceeding its
zted
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. sates 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 teat awhile 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 dollar s ($65.00) per hour plus parts.
20. Severabillty. The provisions of this Agreement shall be severable so that the ir dity, unenforceability or waiver of any of the provisions shall rot affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment, if Runyo,'s employees assist in loading or unloading :he equipment Customer agrees to assume the risk of and hold Runyon ardlbr 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. Custemer shall be solely responsible for payment of any fees, licenses permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges, Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and tittle charges are minimum charges only and that no refund Or reimbursement is due Customer in the event that fewer
days andlor mires are actually used.
25. Other Liability. Customer assumes all asks 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 held 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 alt fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale at the equipment by Customer, or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon-- harmless for all loss, liability and expense In excess of the limits of liability provided for herein as a
result of injury, death or property damage arising Out Of Customers use of the equipment Neither Customer nor any ether user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason; or any purpose. During
the farm 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 car park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down Of tables and chairs,
"his service is required, arrangements should be made several days prior to delivery with a special charge quoted. It no arrangements are made and this service is desired on delivery, our driver must call for author Z .lhOn. If time permits, we will
try to accommodate you after quoting the price.Ohn pick up where no prior arrangements have been made and rental items are not knocked down -,,.no assembled in one sheltered area, tables and chairs will be left until tha next day when a special
erewv can be scheduled There will bean additional one day rental. A knockdown fee will result if rental rtes }s are stall up.
27. Waiver of Jury Trial. Each party waives its rot to a jury trial of any c aim or cause of action based on or arising out of tn's agreement or the subject matter he ecf. Tn.s sine vet pertains '•o a' disputes that may relate to the s O:ect matter ulna f.
i nclurirg ihoui ialiratioi, contract ,cri. breaon of duty, and all other com^ro lair an d statutory claims and will rot; he subject to any exceptions. Each pa.:;. (A) :,ideh taidS t, at lugs is a s of tut p -arf ega. rc, -ts and iEi
eshe "t has t ad a oascrao.e opportunity to discuss this waiver anc is eeects iv ih legal counsel A corc:rg`y each (,arty k :,vzngly, volume ly ir 'evUrahfY and urxngi'ionall utiaives s, ry :.`a ,.yhts.
28.Tfekets, Fines and Penaliies.Ycu agree to fuily and promptly pay all tines, pena.ties, parking flo e's, traf`ic tickets, tills, court costs, aftI neys fees and other cl Wges asses -c; ,.wring !f,e Tarm in cc nordion with the use, parking, s :crage, and,'
or possession of the Equipmeni, regardless of the identity of the driver of any vehicle You rent from us.
29,Trailers andTowfng. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie owns, pins and lights !n a safe and secure condition while in their possession. Customer agrees not td tow
any trailer rented from LESSORIDEALER (a) in a careless or negligent manner, (b) at excessive speed or fc) while under the imfuence of medication, alcohol, or Mica drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the iniereretation of fnt Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are alsp governed by the par ties` Equipment Purchase A,graement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY; THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, iNCLUDING, WITHOUT LIMITATION, THE MPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES. ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYQN EQUIPMENT RENTAI 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 !fable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
stated in the Runv on "Return Policy "when customers return an item or items for credit, a 25% restocking fee will be charged to your account, pies all applicable Inbound and outbound freight.This policy also applies to shipments refused and raturr:ad.
All car:cellat ohs of whole goods are subject to a 25% (of total Imvo ced order; cancellation fee on in stock items from Runyon locations ONLY Return shipping of the product !s not refundable. Al parts purchases are non atundaVe. Any shipment
received in conditions other that brand new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they at, returned. Its the customers responsibility to report any damagesrshortaces within 48 hours
of receiving the product. Runyon will not accept claims 48 hours after de ivery. Runyon will not accept returns without authorization, Upon, issuing a Merchandise Hetam Authorization (MRA) Run will _truct customers as to t= e best means of
of rrnl •g merchardoe. R inyon's MRA's are valid for 30 days after issuance. MRAs are not valid after the 30 day time limit expires. Runyon will absolutely no':, under any circinistances issue an MRA for rowirr c on sued sr damaged products An,
night related damage must be noted or tine signed Bit! of Lading ,AT THE TIME OF f)ELiVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seiier represents and warrants that fa) Se ter has all necessary right power and auinodt; to enter into and perform the transact o. s referee Pea t ere r..h) Seller has good and narkel,acle t,. ic the
Daie. Slier whli xcvey ,he sane to Buyer (save only for the purchase money lien, if an, to be retained by Seller should Seller at i so;e opt or, elect to finance all or ary portion of the Pu ?rice. Buser
represents aril warran Infac `h Buyer has all necessary right power and autnonty to enter into and perforr^ the transactions mere ed heroin: ;u) Buyer has s €lee L,1 arid carri ul! r and examined the E: ;a .ent and oand the same sal he
accept ,tr e to Huger in aii respects ias d on c it_ is established so ely by Buyer and not based or, any recommendation by Soler, and (ii) Buyer has received, careful lly rev Owed are is satisfied with. all a.ai!able tra- rg 'ntucbo operating and
.;set manna s, and oMer nnfcrrrafor. (including al training tccived under applicable OSHA andlor ANSI Standards,, it any) regarding the proper and safe tracspo safori, use, nlairrteraricc, re air and s Uraya or itte Eq hiomen;
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 3/6/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
3/6/2012 218684 $41.80
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5- 11- 10 -1.6
J JA�
Date Officer
VOUCHER 116943 WARRANT ALLOWED
354867 IN SUM OF
RUNYON EQUIPMENT RENTAL
410 W. Carmel Drive
Carmel, IN 46032
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
218684 01- 7202 -06 $41.80
Voucher Total $41.80
Cost distribution ledger classification if
claim paid under vehicle highway fund
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317)566 -8888 STATEMENT DATE: 02/26/12 503
PRINTING DATE: 02/27/12
REMIT TO:
CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL
3400 WEST 131ST STREET 410 WEST CARMEL DRIVE
CARMEL IN 46074 CARMEL, IN 46032
DATE INVOICE# LOC DESCRIPTION AMOUNTS CREDITS BALANCE
01/31/12 218651 100 PO# PATCH TRUCK 38.90 0.00 38. 90V
01/31/12 218655 100 PO# PATCH 7.99 0.00 7.99✓
02/02/12 218865 100 PO# SM. SWEEPER 20.90 0.00 20.90
02/07/12 219085 100 PO# PATCH TRUCK 43.49 0.00 43.4 9l
02/09/12 219198 100 PO# STATUES 42.56 0.00 42.56/
02/10/12 219298 100 PO# CHRISTMAS LIGHTS 242.00 0.00 242.00✓
02/23/12 219968 100 PO# PATCH 'TRUCK 38. 0.00 383. 90,
*Unappiied Paymentst *T* Amount Allocated Remaining
-3 S g
0
3� Gig
CURRENT 30 DAYS 60 DAYS 90 DAYS 120 DAYS T TAL DUE
434.74 0.00 0.00 0.00 0.00 434.74
In consideration of the payment of additional rent dassfied ffMamage 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
Ar 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
f. t'�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 a 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 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.
3 566 888 The parties agree that in the event the Renee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one hag (1 112) percent per month added to accounts overten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting direct or indirect from the leased a g g N N e quipment. The Renter expressly q p p y disclaims all warranties either expressed or implied, including g an y 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 g any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open T Days a Week Monday Friday 7:00 am 5:30 pm a Saturday 7:00 am 4:30 pm a Sunday 9:00 am 3:00 pm
RENTED T "JOB' =,L TICK
CARMEL STREET DEPARTMENT 503 PATCH TRUCK
3400 WEST 131ST STREET Con# 218651
CARMEL IN 46074
Loc 100
P 'ON E �..r DATE TI
W (317; 733 -2001 OUT 01/31/12 9:27 AM WH
F (317) 733 -2005
I ID #3:`. PO /J OB` "RECE:IVED -BY
PATCH TRUCK BROWNING, TIM 01/3 1. /12 9:28 AM WH
*FINAL" Page: 1
QTY ITEM EXT AMT AMT'
MIN HOURLY OV NITE -8 -HOUR DA TT "K 4= NTEEK:.
1 103 PROPANE 60 POUND REFILL .90 33.90 38.90
i
y
V
i W' a
s
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE W" DATE YOU WILL BE SUI JECfTO A CHARGE OF CONVERSION (THEFT). RENT 0 .00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative.fuel. SALE S 38 90
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER, 0 00
FULLY UNDERSTANDTHOSE INSTRUCTIONS 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 D�4/ FEE S `a 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED Addl TAX 0 00
BY RUNYON EQUIPMENT RENTAL. X i iGNAT, URE
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALE TAX 0 0 0
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT, I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. 1 PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 0 0
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 38 90
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AM T B 38 90
EQUIPMENTX f CELL
LEASED BY M PHONE 31- JAI"1 1 0
EQUIPMENT
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME
Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, FUEL AND ELECTRIC CURRENT. will apply. X INT"JA
NO ADJUSTMENTS OR CREDITS will be made on equipment We cha a 5% Damage Waiver on all equ rentals.
malfunctions unless Runvon Eauiament Rental has been notified. 9 9
TERMS AND CONDITIONS
1. Inspection, Customer acknowledges that it liras had an Oppbrturtity 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 equipmert, prior in use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects.
2. WARRANTEES, THERE ARE NO WARRANTIES OF MERCHANTABILiTY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EOUIPMENT IS SUITED FOR CUSTORIEWS INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS.
3, Indemnification. Customer agrees to assume 'he risks of, and hold Runyon harmicss for, property damage and personal injuries, including death and dismemberment, caused by the equipment andor arising out of Runyon's negligence.
Customer snail irdemmnify 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 relate to injurt or to destruction Or
p roperty a bodily Injury. y i ,ness, sickness, disease or death of any persor (Including employees of Customer;, and (2) are caused by or claimed to be caused, in whole or in part, by the equipment eased :herein or by the liability or conduct (Inc dsng
ve, passive, primary or secondary; of Customer, its agent or employees, or anyone far whose acts any of them may be liable, Customer shall, at rs own cost Or expense, defend Runyon against all suits or proceedings commenced by anyone
in vrich Runyan 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 ac? or emission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and aitcrney 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 behat and Customer agrees
that it sha l ine 4iabie for all costs, expenses and attorneys fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment ovith 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 9
hours ;n one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time, 16 hours running time in 24 hours a 2 -day charge, 24 hours running time in 24 hours a 3 -day charge,
5. Future Rentals, Customer acknowledges that the terms of this Agreement will be deemed to apply to a!! Equipment Customer rtay rent or purchase from Ruryon., whether it the date of this Agreement or at any time in the future ?xcept -only
as to any Equipment andror other items w!tri respect which Customer executes a new Agreement;.
6, Prohibited Uses. Use of the equipment in the following circumstances is prohibited add 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)
Improper, unintended use or misuse:(it) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyan, without Runyon's written permission.
7. Fuel and Oil Levels. All equipment Is full of fuel when rented to Customer and must be returned to Runyon fall or additional charges will apply. Also use of a?terr:.ative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result firom alternative fuel, Runyon checks the oil level in the equipment vv on it is rented to Customer. Maintenance of proper oil leve ^in the equipment is solely the responsibility of Customer.
S. Repossession. Upon a failure to'pay rent or other breach of this contract, Dealer may terminate:thia contract and%ake possession of and remove the goods from wherever they are, and Deafer and his agents shall not•6e4iable for any claims
for damage or trespass arising out of the removal of the goods.
9, Tires. Customer is totally responsible for all fire repair. it is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spatted.
10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it !eaves Runyon's properly and until it pas heen,relurned to Runye: s property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPfAENT i.EFr AT. RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS_THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returnee to Runyon as clean as when It left. A charge Of sixty-five dollars i565.00) per hour vo l be changed for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon tinny assign its rights under this Agreement VJiih }out Customer's consent, but will remain bound by ail obligations herein,, Customer may not sublease or !oar) the equipment without
Runyons written permission. Any purported assignment by Customer is void.
13, Time of Return. Customers right c possessiori terminate on't` e exbira; vn of the rental period "Due ;n data &,tittle) ang retention of possession after this fine constitutes ateriel breach of th'.s Agreement i into ?s th essence in this
cr 2nrant. Any extension roust be rnutualiy agreed upon ih'
4. Late Return. It le to aquipment,is and shall at all Lmes tome n sv'h Runyon. F<i ra to return the ego ar ent py the "Pue n oa:e will subie ct Custorner to a aigis of cr;i i, it..:;
15,Ttme of Payment. Accounts are due and payable at the ferinination 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 gray collect damages =,ogether with reasonable attorney's fees, court costs and
inter of ore and one half (1 r i percent per month added to accounts over ten (10, days old• reflecting an annual percentage rate of eighteen (18);percent Customer agrees that his agreement is be construed. under the'aws of the State of
ln^ a?a and that if legal action is brought to enforce this agreer.tent, that Ham; ton CourtylAndiana,.shall be the jurisdiction and legal venue for said actior,`unless other wise agreed by Runypr -and Customer at e ?atIar ,Ir
17. Waiver. Any- feiiure @yglther pat':v to enforce any provisign_oi this Agreement shall not constitute a waiver of sinctt'provision or prejudice the right of either party to enforce such provision thereafter.
18. Damage Waiver. In consQnration of the payment of additional rani classified as "damage waive by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising rant normal damage of Inc
rental property, normal damage to he determined by Runyon Cus',•omer shall pay upon return of property rented a sure equal to 5`.0 of rental charge: This "damage waiver "does not include damage or'oss of the property as a result of the negllgerce
of Customer or to tne case of abusive damage. the.:. 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 operator of the equipment exceeding its
rated capacity,. o damage '.o tires tubes and whee s caused by blowout. bruises, cuts, punctures or other causes inherent in the use of the equipment. It :s understood; the amount paid is non an insurarc, prem =um, an dl that the provision coos not
represent air insurance policy or an agreement to insure. No damage waiver license, sates or use taxes are included in Runyor:'s rental rates. They are extra.
19. Damaged, Dirty, or Lost Equipment. Cpsto er agrees [Obey for any damage to or toss of the goods, regardless of cause, except reasonable wear and tear while the goods are out of Runyon's possession. Equipment dos:, stolen or da ^aged
oeydno reps-: loth b€ paid "or at its current list price lus the cost Of rental up is the time of repbrtird the'loss or theft to Ruryolr he cost of repairs will be borne by Customer whether per by Runyon or. .h, Runyon's o t r by „'bars, at a
harge rof s xty -fiver S65.00 .r i"Oul olus Paris.
20. Severabilfty. The p o iritsi.s of this Agreement sl a be cove ab+e a ha: the in .d try, urenforceandity o .,arrer of any o''he p ov signs shall rot affect the re airine provisions
21. Loading and Unloading Equipment. C;, ,men is ,aspans;ble for loading and unioad!ng equipment I` Rur yoA's employees assist, in loading or unloading the equipmern C slcrncr agre to ass irn_ the ii,, of and hol -u yon a d its
_mpio for any property damage Or personal injucd,, including damage and personal tri attributable to the negligence of Runyon.
22, Property Damage. R °unycn is riot responsible for any damage whatsoever as a result of on-the-job deliveries or pick -up by Ruryon.
23. Fees, Licenses, Permits Taxes and Fines. Customer shad! be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customers use or Operation of the equipment.
24, Charges. Customer shall pay all charges required unoer this Agreement upon demand. Customer a =grees that mileage and time charges are minimum charges nn{y 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 r from tie it ,x -open use Of the ecu'pmerf Customer's ties ohs ;ble for damages to Custom: °s or be or goods it solace or in transit or for any p ie`t or store.:r the equipment, or elsewhere
n the Tenting location. Customer agrees not to hold Runyon liable for damages from dowry time materials or otter consequential damages resul'ng from the use -of the equipment Customer releases and holds Runyon its agents and employees
harmless iron and against any and ail tosses ab';ities. damages triunes clams costs and expenses arising out of Customers use or possession of t he eqpi pm_nt hr c', ding bit not 1: ;o a and al penalties and forfeifures mposed by
any govarnmental entity, and to the extent rict .over ec ov c,ance, any c a nis or liabilities to third parties arising out of the abandonment conversion concealment or era -tf o rze _age if the equipmert by Customer, Or its agents or emp:o'yees,
or for the -oonf scason of trio equipment by are coverrmertaf authority because of illegal tor i mproper use. Custorner shatl additionall hold Runyon harmless rot all uss, bats -,r_ x rs excess c :he h^ s of liabildq provided fc herein as a
resu t of Injury,. dealn or property ;amage arisi out of Customers use Of the equipment, N ,ither Customer nor any other user of the equipmert shall be deemed 'he agent- iv nit ur ern c of R vyo `Oran, toss o' ;purpose. During
the term. of 'his Agreement Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up, Delivery is made to closest port truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time i Our scurvice co,,, not rcruus set up and k k down of t. cis a chairs.
If his service is required, arrangements should de sage several days poor to tie very with a speciel charge quoted. If no arrangements arc rand and se:vicd i -or .i fired deb.;r;• e ?var mu call i au- ,io'va,.en. It'ime permits, ::e will
ry In accorTonadatc vcu after quoting the price. On pick up Ahem no prior a. -ncemer -s have beer made arid rental tems are riot knocked down arid assambied. in r. ie stied; -red a °ea. tad,„_ arid .:hairs bs of r, tiro day wh ian a sc ,tart
,1 oati bp sohedol a There mit be ar add: -i„nal one day lemal. A, kn it k uo v fee wl result it re nal i ter s r a siti up.
27,Waiver of Jury Trial, Each party <,:vs ds rrc^t to a .uiy Iral of any clan or cause of action r h ad ron or ansin, put of rills agreemer or the subject matter hereof. I is war vir r .aims 0 d ruouf s ,:ma may &Ialo 1,, t.., _t Matte
udurn, ,.dh,ut r it ten, contract 'Orl, breach of duty arc all other commor, law and sia,u,,i; claims. and ,vill no! be su'piec an excep ions E acn party ;Al understands ti th, is a vv r of ir. -are. !eta rs its and r?, k u sd,e_ a:
he(shrlit has had a reasonable opportu by to discuss this :narfer and its effects wah legal counsel Accordrg y each party know nil}, .olumar:iy, irrevocably and unconditionally waives its mry liar cr, its.
28- Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, pera!tias, parking tickets. traffic tickets, tolls, court costs, attorneys fees and other charges assessed during the Term in connection wpm the use. parki; ig, 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 trailer coupling mechanism, safety chains, all tie downs, pies and lights in a safe and secure condition while In their possession. Custgmmer agrees not to foes
any trailer rented from LESSOWDEA:�_ R fa? in a careless or negligent manner, (b) at excessive speed or (u) while under the influence of medication alcohol, or illicit drugs.
30, Headings, The headings used'nerelr are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
.411 sales are a governed by the nag es Ec pi_ent Purchase Agreement it the E;+u nment Purchase and the Terris and Conditions previously enumerated are inconsistent ther. the terms from the Ecu pment Purchase Agreement preva,!.
AS -IS NO WARRANTY: THE WARRANTY ?S THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE ECUIPMENT AND ALL OTHER EXPRESS OR IMPLIED kARRANTIES.. INCLUDING, WITHOUT LIMITAT10N, THE !h•, ":.PLIED
vVARR.ANT' :'ES OE MERCHANTABI!_IlY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL !NC OR AFFI IATED COMPANIES vill NOT BE LIABLE
OR RESPONSIBLE FOR A14Y SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARiSING`QUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOF:`ER, REGARDLESS OF WHETHER SUCH D.ANIAGr-S ARISE
UNDER T'FIE-OR ?ES OF iF:E LAbv OF. COPT TRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS: he customer s ao ;e `our' at snipping costs when etorr` hg or-exchanging an item ,o Rurycr, urtless 'ri., product has been damaged during shipping.T no[ cy also applies Ic oilar ,anty returns-As
stated L.e Runyan "Ron :tin Palled "who, custome s return ar item or items for crodlt a 25% restocking fee will be charged to your accoun p "us all appicane Inbound and outbound f eight his rporcy aisc applies to shipments r u, ec and ,u ed.
Ail cac_.Ilaf o goods tr e su li st to a of total :n used o rd_., grnco !atlon fee or !n stock itemo from Ruryor locations ONLY. Return sihlpp rg of 'n. products riot retundalbe. A pats purchases are hen refur ab e. Ail sn?prnert
calved in nnditio hart Thar .rarer iz;a oiffl be charged 50 restocking me of !ho olai amnanl:AN haturrisriAt be properly boxed before they are net trio Its customers ties rs'ai y tO r r< a ry Can
r3yc ha ?ay wi -bin 42.. :ours
of tecely g ;re 'prod n,:on ,.d r:...cai s dE l; Il of accept re urns sithou. iota rizafa Upon issuing a r9er n uiae mzfu ._t f,MF111 R.mycr. „d? -stud cu�tom as t b. earns o`
ucr a ne,ch.nd sa P,lnyon s Et RA ,..e va ird l l i a, d: y Oiler issua ,c NARAq are not valid after the 30 d .,t e li tit ex; res RunvIr. trill a r o rl: Iv not ur der 4,t y circo tin'ps is. >�i., an EAr.A zf r s cn -:e ,;rdamaged products, A
q`t relaters darer„ must bo noted ,ha t B of adin,, I M:E OF DELI E T a p_ case pr at t :,e sal is 'inal.
REPRESENTATIONS AND WARRANTIES: Sciter represents and that: (a) Seer has all necessary right paver and autnorily in ente, into and perform ,fie tarisacrc °s referercc f r srei to± s aer has good rind 3 -mss_ C ?le to fr a
Eq -,p- crt: arc (c) r. the Transz. Da-�, Seller writ nvey °nc same c B yen tsa.e Qtly for the aurchase ^w.ey .en, if any to be re ained t *y Seller sroula Sel r at its sine obfor` elegf to finance ail o r any portion of the Pur 'r ca;. Buyer
epresar s a ic;aarr is at.; i Buyer has all necessary n t r ..werar au; ority to eater in, ?g and Woerr the transactors. ete.anced heron (l' Boyer has selected avid care ulf, inspected aril exam,neJ e Ec, o: e t and oun; the to ne
acceplao.e to Buyer in a. respects based on entera e 'lab!shed sq e y by Buyer and Trot based ort an m
y recommendation by Seller; arid N) Buyer has received, careful} revic led and is sahsfed w rah, all available training, nstruct ons Operating and
user manuals, and other information (including all training required under applicable OSHA and?or ANSI Standards, if any) regarding the proper and settle transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payer ent of additional rent dassified' damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right 1 might
A`rA 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 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
6QUIVMENT [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, lt 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
LAICM6L FISHERS INDIANAVOLIS 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 over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent.
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't t be a tool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for 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:: k'JOBf•LOCATInN TICKE
CARMEL STREET DEPARTMENT 503 PATCH
3400 WEST 131ST STREET Con4 218655
CARMEL IN 46074
Loc 100
PHO NE DINE TIM
W (317) 733
7_001 OUT 01/31/12 9:48 AM WH
F (317) 733 2005
ID #3 PO /JOB' RECE'IVED BY
PATCH MARTZ, FREDERICK KENT 01/31/12 9:49 AM WH
*"FINAL" Pag 1
QTY 'ITE10 EXT AMT NET AMT
M rN HOU RLY OVNITE 8 -HOUR DAY EE 4 jIF
1 036700400383 KRUD KUTTER 32 OZ. ;7.99 7.99 "1.99
B
9
F y E
1 Y
n
v
IFTHE 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. SALES 7 9 9
Customer is liable for all damages repairs that result from alternative fuel.
1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND 1 OTHER 0 00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 0 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED Addl TAX 0.00
BY RUNYON EQUIPMENT RENTAL. X h f L
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, WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 7 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. AMT BILLED 7 99
EQUIPMENT 8RIR T NAME CELL r
LEASED BY X �9 4 PHONE 3 1— 7
AN 1 2 O 9: 4. O 6
RETUNED BY X i= t �,x. �w. RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CH ARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, FUEL AND ELECTRIC CURRENT. will apply. X 1 V i Al
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Eaumment 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 lo Personally Inspect the equipment and 'Inds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer fiurther acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon) of any defects.
2, WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED, THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS,
3. Indemnification, Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries. including death and dsmembernent, caused by the equipment andlor arising out of Runyon's negligence,
Customer shall Indemnify and defe,n:d 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 10 injury or to destruction of
property, or bodily injury il!nPS sickness, disease or death of any person, (including employees of Customer), and (2) are caused by, or claimed to be caused. in Whole or in part. by the equipment =eased herein or by the liability or conduct {including
acii,9, passive, primary or secondary) of Customer, its agents or employees, or anyone for Whose acts any of them may be liable. Customer shall, of its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
o 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 ail costs, expenses
and attorney's tees incurred in such defense andlor settlement, judgment or other resolution, In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
that It shall be liable for all costs, expenses and attorneys fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Custemer 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 !81 hours running time. 16 hours running time in 24 hours a 2 -day chorea. 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 ro a'l Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment andlor other Items with respect tq which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following dreurnstances is prohibited and cons ?tutes a breach of this Agreement (a) Use for illegal purpose or i I an illegal manner, (b) Us: when the equipment is in bad repair or is unsafe; tic)
Improper, unintended use or misuse: (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (ej Use at any location, other than the address furnished Runyon without Runyon's written: permission.
7. Fuel and Oil Levels. A.' equipment is full of fuel when ranted to Customer and must be returned ±e Runyon full or additipna! charges will apply. Also, ace of alternative fuels (Blodiese, E85, etc.; in Runyon: aculpment is prohibited. Customer is
able fora!! damages and repairs that result from alternative fuel Runyon checks the oil level in the equipment when It Is ranted to Customer, Maintenance of proper oil !eve: in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9. Tires. Customer is totally responsible for alt 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 Boas not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's proper' and antil it has been returned tc Ruryon's property and
payment has been received. EQUIPMENT MAY ONL'f BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUI ?P+ ":ENT LEFT AT RUNYON's LOCATION OTHER THAN NORMAL. BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollar; ;$85.00) per hour will( be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyan may assign its rights ulcer this Agreement wilhouf Cristo aer's consent, but will Tema :n bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyons written permission. Any purported assignment by Customer is void.
13. Time of Return. Customer's right to possession terminates on the expiration of the rental period I Duo n' date time) and retention of possession after this time constitutes a material broach of this Aar ardent, Time is of the essence in this
Agreement. Any extension, must be mutually agreed upon in writing,
14. Late Return. Titre to equipment is and s e a' times rera r with Runyon Failure to return the equipment by the "Due n date will subject Customer to a charge of conversion i ;eft).
15. Time of Payment. Accounts are due and payable at 'he termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agree= that in the event the Customer violates ary 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 Ye) 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 falter time.
17. Waiver, Any ialfure 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 waive`' 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
ren#ai property, normal damage iq be determined by Runyon. Cus?orner shall pay upon return or property rented a sum equal to 5% of rental charge. This' damage waiver does not include darnage or loss of ?he property as a result of the negligence
of Customer or in the case of abusive damage, theft of other gross negligence of Customer. This damage waiver shall not apply to reckless, careless pr abusive operation or use of the equipment, use of operation of the aGuipnrantexceading its
rated capacity or damage to tires, tubes and heels caused by blowout. bruises, cuts, punctures or other causes inherent in the use of tl e equipment. It is understood the amount paid is no; all insolence premium and that this provision does not
oprasart an insurance policy or an agreement fo insure. Non damage waiver license. safes or use faxes are included in Runyon's rental rates. They are extra.
19. Damaged, Dirty, or Lost Equipment. Cus tomer agrees to way `or any damage to or loss of the goods, regardless of cause, except reasorab :e wear and tear; wr Ile the goods are out of Runyon's possession. Equipment nos: stolen or dal staged
beyond repair will be paid for at its cu ant list price plus ire cost of rental up to the time of reporting the loss or thef'to Runyon, The coat of repairs will be'oorne by Customer, whether performed by Rucyo i, or, at Runyor's optor .,v others, at a
charge of sixty -five doliars (`;05.00) par hour plus parrs.
26. Severabiity. I lip provisions of this Agreement s' be severable so that ;he invalidity, unertforceability or r.a ver of any a' the provisions shall not affect ;he remaining provisions.
21, Loading and Unloading Equipment, Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon andlor its
employees harmless far any property damage or personal Iquitos, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible 'or any damage whatsoever as a result of on the-;ob deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits, Taxes and Fines. Customer she!' be solely responsible for payment of any fees, licenses, permits, taxes or fines, recoiled by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay a'rf charges required under this Agreeman? upon demand. Customer agrees that mileage g d time charges are minim 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 Customers property or goods in storage or in transit or for any proper !eft 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
`)ar front and against any and a losses .alb fetes, damages injU:'ieS, claims, cosf5 and expenses arising cut o Customers use or possession 0 fhe eq ipment incridmg. cut n t :Ited to any and ail fines, penalties and toffe!iL'e5 rcmposed by
any governmental entity and, to the extent net covered by irlsurance. any is ms 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' or the confiscation of the equipment by an governmental authority because of illegal or improper use. Customer shall additionally hold Furyor harmless for all loss_ )lab IC, and experts., v. excess o .he ):,.:its 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 empioyee of Runyon rot any reason or any purpose. During
he term of this Agreement, Custorrrer assumes full responsibility for the equipment to'ha public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery €s made to closest point buck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is ir:vo ved. Our service does not include set up and knock down of tables and chairs.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, cur driver must call for authorization. if time permits, will
try to accommodate you after quoting the price. On pick up where no prior a^rancarnec s have bash made and rental Items are no; knocked down and assembled in one sheltered area, taxies and chairs wil be, left ant; the next day .when a pec ai
new pan be sehedul o T �e wtl� an add ;l one day rental. A knock tlon n fee ,r i scale if rentu items are stfl up,
27,Waiver of JuryTrial. Each party waives is right to a jury 'trial of any +aim or causal at action based on or arisi out of this agreement or the subject matter hereof. This Wiv_ pertains r) u:r disputes that may relate to the s uo�_cl matte herxf.
ncludirc Without fritatan, contract, tort.. breach or duty, and all other comn aw and statutory claims, and will not be subject to any exceptions Each party (A) understands that this is a wativer of :Icortan leita. rg I ts and rB; arknovtdleclges irat
ne sheik has had a reas lade opportunity to discuss this waiver and its effects v:ith legal counsel. Accordingly, each party knowingly, voluntariy. irrevocably and unconditionally waives its jury Via; rights.
28.Tickets. Fines and Penalties, You agree to fully and promptly pay all fines, penalties, parking tickets, traffic tickets, tells, court costs, attorneys' fees and other charges assessed during the Term in connection' with the use, parking, storage, and/
or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us.
29.Trallers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights Ira. a safe and secure condition while in their possession. Customer agrees net to tow:
any trailer rented from LESSORDE.ALER (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 hereirt are solely for convenient reference and Shall not be used to construe or affect the lnterpretalion of this .Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the forties' Equip,mar,# Purchase Agreement. !f the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent. then the terms from the Equip ant Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY is THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR .ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF 0`S RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DA
RE
UNDER THEORIES OFTHE LAW OF CO:N'TRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is Baba for all shipping costs when returning or exchanging art. item to Runyon, unless the product has been damaged during shipping.This policy also applies tp twarramv returns. As
stated n the Runvon Retu Policv ,tine customers return an item or items for credit a 25% restocking fee will be charged to your account, plus all app.icaro e inbound and outbound freight This policy a sc applies to shipment's refused and =atoned.
All car. e- Ilattons of whole goods are sidjoct to a 25% (of total Invoiced order; cancellation fee on in stock :fens from Runyon locations ONLY. Return shipp n,g of the product is not refundable. A!! pat_ purchases are non refundable. A.rry shipment
eco ved in condition s dther'.hac brand nerill mil be charged 50% restocking fee of the total amount. All returns must be properly boxed before t`ey are returned is the customer's resIl bi ;iv .o report any a ^tages'shouages within 48 bo;xs
of recei in fhe prod.J;.: anyon rill not accepi claims 48 haul after ce'ive if. Runyon •mll not accept returns w aut'orization. Upon issuing a Merchandise Return Aitiho iz Lion (N1RAi. Puov, r twill instruct customers as i. t des troans of
:torni ig rneichandrse. P L0 MRrws are valid
o
r 30 days after issuance MBAs are n ot valid after ihe 30 day e limit exDires. Run, .r� rr II absolutely no*,, under &ny circum rs iro o r, MRA fo ret;rrs o i used ordamaged products. Any
ro gent re a ad darner m is, be road o' the i B' -af adlnq Al aria TIP,'E OF DELIVER" 1 e p ,rcl'ase price at tune:;' sal e is'ir)al.
REPRESENTATIONS AND WARRANTIES: Se represents and warrants that (a) Seller has all necessary rght power and au?nork *a enter into and perform the transachoo e referent e;; t ere n: {bl Setter has good and a Kota tits to Uip
q; 1pmert, and (c) or. the Tra"s er Date Seller will convey the same to Buyer (sale only for the purchase money l ien, if any, to be retained by Seller should Seller. at its sole option, elect to finance all or any portion of the Pure^ase rrce) Buyer
epras ns „rid asracts that (i) Buyer has all necessary right. power and authority to enter into and perform the transactions refs mood heroin: (d) Buyer has selected and care fully inspected and examined the Ectu.pnio :t and found the same to be
acceptablo to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller; and ;iii) Buyer has received, carefully reviewed and is satisfied with, all ava :?able training, instructions, operating and
user manuals, and ether information (including all training required under applicable OSHA and/or ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and sforaue of the Equipment.
In consideration of the payment of additional rent classed as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R U NYO N have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
'r property property rented a sum equal to 5% of rental charge. is '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 fires, 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, if a total loss, will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
GARMEL 1'I5HERS 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 5 888 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 amounts 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 directi or indirect from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including an implied
"Don't be a tool Rent one" warranties of merchantability or fdness for a particular purpose, and neither assumes nor authorizes any other person to assume for R any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB.LOCATION TICKET
CARMEL STREET DEPARTMENT 503 SMALL SWEEPER
3400 WEST 131ST STREET Con# 218865
CARMEL IN 46074
Loc 100
SSN PHONE': DATE TIME
W (317) 733 -2001 OUT 02/02/12 2:37 PM TT
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY,,
SM. SWEEPER JOHNSON, RANDY 02/02/12 2:39 PM TT
*FINAL Page: 1
QTY', ITEM# EXT AMT NET AMT
MIN HOURLY .OVNITE 8 -HOUR DAY WEEK 4 WEEK
1 101 PROPANE 30 POUND REFILL 0.90 20.90 20.90
IK
IFTHE EQUIPMENT IS NOT RETURNED BY DUE IN" DATE YOU WILL BE SUBJECTM A CHARGE OF CONVERSION (THEFT). RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 20 90
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 0 0
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. 1 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 SIGNA URE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 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 BILLED 20 90
LEASED BY ELL
X T'9L71AIT NAME C
LEASED BY t�f�T1tt11 tYiP°�1V� PHONF 02- FEB -12 14:39:39
E
ETURNED BY X =�i
R I t "a RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, FUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment We charge a 5% Damage Waiver on all equipment rentals.
malfunctions unless Runyon Equipment Rental has been notified.
TERMS AND CONDITIONS
I, Inspection, Customer acknowledges that has had an opportunity to personally inspect Yoe 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'he equipment prior to use and notify Runyon Equipment Rental Inc thereinafter "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 negligence.
Customer shall indemnity and defend Ruryor 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 10 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 1 0 be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
etivp, passive, primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall at 's 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 shat+ be liable and responsible for all costs, expenses
ano attorney fees incurred in such defense and/or settlement, udgmerit 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 If 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 -hear period of time. Rental rates for equipment are based on usage during this eight (8) hour shaft, If Customer runs the equipment for over 8
rrours in one day, Customer will be charged for extra hours on equipment. One day fs 24 hours or eight (8) hours runring 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 t0 apply to all Equipment Customer may rent or purchase from Runyon., whether on the date c' this Agreement or at any time in the future (except only
as to any Equipment and/or other; ants with respect t0 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: W 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; to' Use at any location other than the address furnished Runyon •,vithout Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply, .Also, use of alternative fuels (Biodiesel, E85, etc.; in Runyon: equipment is prohibited. Customer is
Liable for all damages and repairs that result from alternative fuel, Runyon checks the oil level in the equipment when it Ls rented to Customer. Maintenance of proper oil level in theequ'pment is solely 'tie 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 Dealcr and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of she goods.
9. Tires. Customer is totally responsible for all tire repair. It is Customer's option 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. Cus'0mer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LE T AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY,
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (365.00) per hour vfl be charged for cleanup,
12. Assignments, Subleases and Loans of Equipment. Runyon, may assign its rights under this Agreement wi?ttout Customers consent, but will remain bound by all obligations herein. Customer ma; not sublease or loan the equipment without
Runyon's written permission. Any purported assignment by Customer is void.
13. Time of Return C:storne(s right to possession terminates on the expiration of Cie rental period r "Due In' date time) and retention of possession after this time constitutes a material breacrt at this Agreetent 1 ime is of the essence in this
Agreement. Any extension must bar mutually agreed upon in writing.
14. Late Return. Title to equipment is and shall at a'! times remain with Runyon. Failure to return the equipment by the "Due Iri' dale will subject Customer to a change o; conversion ,thet*
15, Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer egress that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonab e attorney's fees, court costs and
interest of one and one half (1 'k) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighee (18) percent. Customer agrees that lhis agreement is to be construed cinder the laws of the State of
Indiana and that if legal action is brought to enforce this agreement, *,hat Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any' allure by either parry to enforce any provision of this Agreement shall not constitute a waiver o such provision or prejudice the right of either party to enforce such Provision thereafter,
16, Damage Waiver. In consideration of the payment of additional rent ciassified as "damage waiver by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising train 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 51% of rental charge, This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence of Customer, This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provisior 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 or cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment Iasi, stolen or damaged
beyond repair will be pad `c• at its current list puce plus the cost of rental up to the fine of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, it rlanyon's action, of others.. at a
charge of sixty five dollars (S65.00i per +hour plus parrs.
20, Severabllity. The provisions of this Agreement shat be severable so that the invalidity urtenorceability or waiver of any of the provisions small not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer s responsibly for Loading and unloading equipment. If Runyon's employees assist in loading or u nloading tho equipment, Cusicmer agrees to assn e ire risk of and hold Runyon arld,or its
employees harmless t0r any property damage or personai injuries, including damage and personal injuries attributable to the negligence of Runyon.
21 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 Customers use or operation of ?tie equipment.
24. Charges. Customer she!! pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimurn charges only and that no refund or reimbursement is due Customer in the event that fewer
days andior miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored !n the equipment, or elsewhere
n the renting location. Customer agrees not to hold Runyon: liable for damages from doivri 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, tablifies, damages, injuries cams, costs and expenses arsi ng out of Customer
s use or possession of the equipment including ut net 1 +tad lo, any and a fires, penalties and forei ures imposed by
any governmental entity. and, to the extent n covered ay insurance, any claims or liabilities to third parties arcing out of fM abandonment conversion, concealment or unar ,ho. izec _ale of the equipment by Cusimrer or its agents or employees
or for the confiscation of ihz equipment by any govarnmenfa! authority because of illegall or improper use Customer ;hall addiiionaliy hold Runyon harmless far all loss, liability and expense in excess of the limits of liability provided for herein as a
esult of injury, death or property damage arising out of Customer's use of the equipment- Neither Customer no; any ether user of the equipment shall be deemed the agent, servant 0r emo'oyee 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 track can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is nvo'ved. Our service does not Include set up and knock down of tables and chairs.
If this service is required, arrangements shoud be made several days pr to dei,very with a special charge quoted I no arrangements are made and this service 6 desired on Irony; CLF driver must, tail for au..h zaaon. It Ime permits we will
try to acco nmoda =,e you after quoting the price. On pick up share no prior a ^angemerts have been made and rental Items are not knocked do;vr+ and assembles r+ or re she+ cre(i a a. r ^was and chair- viil Lr ,eft n[.. the next day ,.hen a special
crew Can be scheduled. There will be an additional one day rental. A knock down fee wilt result it rental items a -est ll up,
27. Waiver of duryTrial, Each party waives its r to a jury trial of any rim or eau of acoon ttaed or or ors m:i a,t of this agrapnipw u the Sub ect -natter he aof t. is we pariah: a" dr r! is :ha: may lelaa ,t._ s a..: matte I crop*,,
m,lutlur r ..'tr,o,it r mit« tion, contrac? for breach o` duty, and all other common law and statutor claims, and mill rot be suit any ex. ep i ,n. =ac part (A! mderstands t th.s is i -er of N a fs U u i nov i ,7a;
n='shetii has had a reasonable opportunity to discuss this waiver and its effects with legal ocus;el A each par+; or. ugly, eolumar ry irrevocably and unc nditionall, waives its; wry via rights.
28.Tickets, Fines and Penalties. You agree In fury and promptly pay all frees, penalties, parking tickets. traffic tickets, toils, court costs, 'it u ys' fees and other charges assessed during the Tarm in connection w;:h the use, parking, storage are
or possession of t he Equipment, regardless 0t the identity of the driver of any vehicle You rent room Us.
29, Trailers and Towing, The customer a responsible for inspecting and maintaining the trailer coupling mechanism, safety charts, all tie do pins and liq_hts in a safe and secure condition while In their possession. Customer agrees not tovr
any tracer rented from LESSORtDEALER la 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 in erpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are ,'so governed by the parhes'Equ.cment Purchase Agreement. If the Eqj pment Purchase and the Terms and Conditions previously enumerated are inconsistent, then. the terms from the Equipment Purchase Agreement preva +l.
AS -IS NO WARRANTY: THE WARRANTY !S THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS QR IMPLIED WARRANTIES, INCLUDING, WITHOUT LM:ITATION, THE IMPLIED
,`;ARRANT: !ES 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 L!ABLE
OR RESPONSIBLE FOR ANY SPECIAL. iNCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TONE SALE OF THIS EQUIPMENT TO CUSTOh• ":.Ear, REGARDLESS OF `aVHE T HER SUCH DAMAGES ARISE
,j 'E TH: CRIES OF THE LAW OF CONTRACTS OR TOP,T.
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 shipp;ng.This policy also applies io oiarrarity returns. As
stated T the Runyon Return Policy' when customers return an item or items far credit, a 25% restocking fee will ore charged to your account, plus all app.ic,.;,._ Inbound and outbound freignt,This policy also applies to shpm8ms refused and returned
All cacr llatons of ,vhcle goods are s bjec? to a 25°;, ;o` total .rvo.ced order; cancellation fee o^ in stock tams from Runyon locations ONLY. Return shi pping of the crnduct is not refundable A purchases are non re`undabe. Any shipment
eCeivad in carat e s u.he• than ,rand ripviv vill be charged 50 restocking tee of the total amount, All returns must be properly boxed before they are rat.+rned It's the customers resoxonsibil td ort any oattiages2s1hortages within 48 hours
of rece+y.rc the produ yon will nil accept Maims 48 hours after de bPry, Runyon r,+ll not accept returns wnccu, authorization. Upon issuing is Merchandise Return A.uihn Ira ?ten (IHRAi. Ruryor kill insructlocsiornevs as to the c.,;. ureans c`
oturnlng f-terchand s, vrnyon's f Ras are al!d f0r 30 day, after issuance, NAIRAs are not valid after the 30 day ante lim? expires. Runyor will absolutely car, undo.. any circininstaices, ss :e r. N41RA ,o o. d ,u mayed oyod+,cis. Any
pht relater: ;amace mu_. ne o1ed o :he si •eo Bil of Lading ng THETIME OF DEL IV'ERYT, e pu� 'rase pr ce at I me slle is final-
REPRESENTATIONS AND WARRANTIES: Sol. ,epresonts aria warrants that: (a) Sel er has all necessary tight, power one authsri t o into and perform fro f ^arnsa, to :.fare, cr -emir Ib1 Seller has gcod arid .tab e t ±e to it e
Eq ip ,e_t and (c) r.:h ars`,er Data Se'e. wtll c onvey the same `.o Buyer save only :or the purchase tdr,Gy _n, if any, to be retalna by Seller should Sate: at its so e option, elect to finance all or wry Jort,vr of the Purch Price'. Buyer
represers and warn .ts that; (h Buyer has all necessary nigh: power and authority to enter into and perfov- the transactions iterehced herein fit) Buyer has seiec.ed and carefully rspected and examined he Ecu and round 'he same to be
accepta e to Bilver+n all restiepis teased on criteria es;abl shed sol by Buyer and not based on ary recommendation by Seller, and (ii t Buyer has received, carefully reviewed and is satisfied with, all avaaahie tr. n d t tru t'o s, pa ating and
user manuals, and other information (including all training required under applicable OSHA and' r ANSI Standards. It any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R ��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'CA 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
6QUIYMENt {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, N 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 INDMNAPOl.15 shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
317 566 8 888 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 (1 12) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent.
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
Don't damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
be a tool Rent one warranties of merchantability or f'Itness for a particular purpose, and neither assumes nor authorizes arty other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET
CARMEL STREET DEPARTMENT H 503 PATCH TRUCK
3400 WEST 131ST STREET Conti 219085
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 02/07/12 9:02 AM SAF
F (317) 733 -2005
ID #3; PO /JOB RECEIVED BY
PATCH TRUCK BROWNING, TIM 02/07/12 9:03 AM SAE
*FINAL, Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOU RLY OVNITE 8 -HOUR DAY WEEK 4 WEEK
1 103 PROPANE 60 POUND REFILL 3'8.90 38.90 38.90
1 072874129040 GLOVE LEATHER PALM 1.,G 1.290L 4 4.59 4.59
j
=1
t V d
d
r`
ME EQUIPMENT IS NOT RETURNED BY "DUE W” DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative.fuel. SALES 43 49
1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 0 0
FULLY UNDERSTAN)THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 0 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SiGNAIURE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 43 49
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 Se5 AN HOUR. AMT BILLED 43 49
EQUIPMENT CELL #A1 PHONE 07 FEB 12 009:03:56
LEASED BY X
EQUIPMENT
RETURNED BY X ;;�It.- fl�:��,ii i: RENTAL FEES DO NOT APPLY TO PURCHASES.
Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment uI We cha a 5% Damage Waiver on all equipment rentals.
malfunctions unless Runvon Eauicment Rental has been notified. 9 9 q P
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that h has had an opportunity to personally inspect the equipment and 'Inds 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 Runyan 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 andror arising out of Runyon's negligence.
Customer shall indemnity and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
properly, or bodily injury, illness, sickness, disease or death of any person. (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive, primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
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 attorneys fees incurred in such defense andror settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
merit shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day. Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes anew Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner; (b) Use when the equipment is in bad repair or is unsafe; (c)
Improper, unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
6. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all lire repair. it is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (565.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. 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
Rumor'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 time) and retention of possession after this lime constitutes a material breach of this Agreement. Time is of the essence in this
Agreement. Any extension must be mutually agreed upon it writing
I 4. Late Return. Title to equipment is and snail at alt times remain w;th Runyon. Farure to return the equipment by the "Due n" date will subject Customer to a charge of ccnversion ;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 (1 '.zi percent per month added to accounts over ten (1 G) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that [his agreement is to be construed under the laws of the 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.
f 7. 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 sucli provision thereafter.
18. Damage Waiver. In consideration of the payment of additional rent classified as `damage waiver' ley 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 damaged be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 590 of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage. theft or other gross negligence of Customer, This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity, or damage to tires, tubes and wheels caused by blowout. bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not
represent an insurance policy or art 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 (S65.00) per hour plus parts.
20. Severabiiity. Time provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. It Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon andlor its
employees hamiess 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 -uo by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees.. licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement Is due Customer in the event that fewer
days and /or miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of °he equipment by Customer, or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customers use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent servant or emnlcyee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and 'knock down el 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 jC desired -n delivery, our driver must call for aufhor..zation. It time permits, we will
try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheifered area. to zs and chairs wil be left until the next day iiialen a special
crer; can be scheduled, There will be an additional one day rental. A knock down fee wit:, result it rental items are St 11 up.
27. Waiver of Jury Trial. Each party waives its right to a jury trial of anv dainn of cause of action a ed et or arising out of this agreemer' of the sub'e,t matter hoiri.lol. i his a :v. r fairs a disrrut_ s :hat may elala .o the o; cr nlaWpr t erect.
ncipdumo without imitation, contract, tort, breach of duty, and all other common lava and statutory claims and will not be subject ;o any exceptions. Each party (A) understands that his is a ✓.w v?r of t por*acT legz: rg its and !ol raiedg,, ;rata:
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 jury trier 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, arid"
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 iri a sate and secure condition while in their possession. Customer agrees not u; tour
any trailer rented from LESSOR1DEALER (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, then the terms from the Equipment Purchase Agreement prevail?.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING. WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OU? 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 return-,. As
stated in the Runyon "Return Policy "whoa customers return an item or items for credit, a 25 "/o restocking fee will be charged to your account, plus all applicable inbound and outbound freight policy also applies to shipments refused and retained.
All carcellations of :whole goods are subject to a 25`6 (of total invoiced order) cancellation fee on in stock items from Runyon. locations ONLY. Return Shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
received in conditions other than brand new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned. Its the customer's responsibikty to report any damagesishortages within 48 hours
of receiving the product. Runyon will not accept claims 48 hoUrS after delivery, Runyon will not accept returns without authorization. Upon Issuing a Merchandise Return Authorization (MRA). Runyon will instruct customers as to the best mews df
alum rig merchandise. Runyon's PARA's are valid for 30 days after issuance. P,':RAs are not valid after the 30 day time limit expires. Runyon will absolutely not. under any circumstances, issue an MRA for returns on used or damaged products. Any
freight related damage must be noted on the signed Bi't of Lading ATTHETIME OF DELIVERY. The purchase price at time of sale Is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seiler has all necessary right, power and authority to enter into and perform the transactions referenced herein; (b) Seller has good and marketable title to the
Egr.ipmer :t; and ,c) on the Transfer Date, Seller will convoy *Inc same tq Buyer (save only for the purchase money lien, if any to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of the Pu rCCase Price). bu'y'er
represeras 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 or. criteria established solely by Buyer and not based on any recommendation by Seller; and fill) Buyer has received, carefully reviewed and is satisfied with. all available training, instructions, operating and
user manuals, and other information (including all training required under applicable OSHA andror ANSI Standards. if arty) regarding the proper and safe transportation, use, maintenance repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver' by the Rentee, Renter agrees to, and hereby does Waive its right, or any right it might
R ��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
ACA property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to recldess, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIVMF.N7 (�EN7AL 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 a F151%95 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
3 7 566 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together Wit reasonable attorney
fees, court costs and interest of one and one half (11/2) percent per month added to accounts over ten It 0) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
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 O tool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for a any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Weep 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 STATUES
3400 WEST 131ST STREET Con# 219198
CARMEL IN 46074
Loc 100
SSN 1 PHONE DATE TIME
W (317) 733 -2001 'OUT 02/09/12 8:55 AM SAF
F (317) 733 -2005
ID #3 PO /JOB:# RECEIVED BY
STATUES TOWNS, ADAM 02/09/12 8:57 AM SAF
*FINAL Page: 1
QTY,,ITEM# EXT AMT NET AMT
MIN. HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK
1 754166134634 DRILL BIT SDS 3/4 "X12" 1'6.99 16.99 16.99
1 754166134375 DRILL BIT SDS 3/8 X 10 8. 59 8.59 8.59
1 754166134559 DRILL BIT SDS 5/8 "X12
4 I s V" 99 15. 99 15. 99
1 072067494016 CRAYONS LUMBER—BLACK
Sy EACH'\� "tip 0.99 0.99 0.99
R
ai r�31t(�i.
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE PT' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative.fuel. SALES 42 56
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND II OTHER 0
FULL Y UNDERSTANDTHOSElNSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 0 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X S10NATURE Addl TAX 0.
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALE TAX 0 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 42 56
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 42 56
EQUIPMENT X PRINT NAME ti A E CELL
LEASED BY r t��11tN IHf'9t111 PHONE 09- FEB -12 08:57:13
EQUIPMENT 1, t a'f, d s
RETURNED BY X Est U10 to i t_w RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Ea oment Rental has been notified. We charge a 5% Damage waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection, Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowedges 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, ORTHAT
IT IS FREE FROM DEFECTS,
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs expenses, damages and (',abilities including attorney's fees which (1) relate to injury or to destruction of
property, or bodily injury, illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive primary or seconder y) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its town, 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 shail'oe liable for all costs, expenses and attorney's fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day. Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time ir, 24 hours a 3 -day charge.
5. Future Rentals Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and /or other Gems with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner; (b) Use when the equipment is in bad repair or is unsafe: (c)
Improper, unintended use or misuse: (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and 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 lire repair. It is Customer's option In 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 to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (565.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyor.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 be mutually agreed upon in writing.
14. Late Return. Title to equipment is and shall at all times remain with Runyon. Failure to return the equipment by the "Due in' date will subject Customer to a charge of conversion ,theft:.
15.Time of Payment. Accounts are due and payable 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 12) percent per month added to accounts over ten (10) days old: reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18. Damage Waiver. In consideration of the payment of additional rent classified as `damage waiver by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer arising from normal damage of the
rental property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity, or damage follies, 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':.. b others, at a
charge of sixty -five dollars fS65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so trial the invalidity. unenforceability or waiver of any of the provisions shall not affect the remaining provisions
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment. Cu_ omer agrees to assume fine risk of and hold Runyon and %or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required tinder 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 andior miles are actually used.
25. Other Liability, Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
In the renting location. Customer agrees not to held Runyon liable for damages from dovm time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including. but not limited to any and at' tines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance any claims or liabilities Ito 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 Emits 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 tell responsibility for the equipment to the public and any regulatory body havino jurisdiction.
26. Delivery/Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. it time permits, s,,e will
try to accommodate you after quoting the price. On pick ups ^there no prior arrangements have been made and rental items are not knocked dow: and assembled in one sheltered area tables and chairs will be left until the next day when a special
crew can be scheduled. There will be an additional one day rental. A knock down fee will result it rental iteM:s a e still up,
27. Waiver of JuryTrial. Each party waives 1s right to a jury `trial of any dal ^r or cause of action based on or aus. g out of r,:s agreement of the sub matter hereof his .va.,_ par!ains ci a drip nes na: may rcla,a, lo 'he s b -..1 matte
ndudmg, without :imitation, contract :art breach of duty, and all other common laid and statutory claims. and will not be sublec! to any exceptions Each party (A) understands trial this is a s ver I pc.-an- lega: rights and (13i acknomeor es ha
helsheiit has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each cart, knowingly, voluntarily, irrevocably and unconditionally waives its jury Total rights,
28.Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets. traffic tickets, tolls, court costs, attorneys' fees and other charges assessed during the Term in connection with the use. Parking storage, and
or possession of the Equipment, regardless of the identify of the driver of any vehicle You rent from Us.
29.Traflers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chairs, all tie dorms, pins and lights in a safe and secure condition while in their possession. Customer agrees not o tov
any trailer rented from LESSORIDEALER ta) 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 net be used to construe or affect the interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prover:.
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 !MPLiED
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 RELA ED 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
slated in the Runyon "Return Policy" when customers return an item or items for credit, a 25Sz restocking fee will be charged to your account. plus all applicable inbound and outbound freight.This policy also applies to, shipments refused and returned
All carcellatjons of .whole good:, are subject to a 25`. iof total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
eceived in conditions other than brand new will be charged 50 1. 11 restocking tee of the total amount. All returns must be properly boxed before they are returned. It's the customeCs responsibility 10 report any damagesishorlages within 48 hours
of receiving the product Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), P:.nny: n will instruct customers as ig the has' means of
etum ng 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 h1RA for net ns on used or damaged products, Any
freight related damace must+ ue noted cr tr;e siurod B .i o ad a Ar THE TIME OF DELIVERY Tile purchase p ce at timituf sole is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seller has all necessary light, power and authority to enter into and perform the transactions referenced herein: (b) Seller ties good and mat ketaoe title to the
Equipment; and lot or. the Transfer Date, Seller will convey the same to Buyer (save only for the purchase money Lien, if any, to be retained by Seller should Seller. at its sole option, elect to finance all or any portion of the Purchase Price). Buyer
epresents and warrants that: 0) Buyer has all necessary right, power and authority to enter into and perforn 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 NO Buyer has received, carefully reviewed and is satisfied wish. all available training, instructions, operating and
user manuals, and other information (including all training required under applicable OSHA andior ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver" by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R U NYO N have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
A property rented a sum equal to 5 of rental charge. This "damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage warier shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUI ?MEN7 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, 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
LARMEL 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 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 half (11/2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent.
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including arty 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 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 CHRISTMAS LIGHTS
3400 WEST 131ST STREET Con# 219298
CARMEL IN 46074
Loc 100
SSN PHONE DATE TI
W (317) 733 -2001 OUT 02/10/12 1:35 PM JP
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY
CHRISTMAS LIGHTS PRIVETT, SHAUN R RETURNED 02/10/12 4:02 PM WH
*FINAL Page: 1
QTY 'ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY, WEEK 4 WEEK
1 5798 -0005 LIFT 45' ARTICULATING BOOM 215.00 215.00
$215.00/4 265.00 265.00 800. °�0 "0- �20.00.00
2.50 5 DIESEL �s�. 6 ".50 16.25 16.25
v
1 L!/ 1
is 1q',ii�
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 215. 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 16 25
HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND II OTHER 0 0 0
FULLY UNDERSTAND THOSE INSTRUCTIONS 1 ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON .I DW /FEES 10.75
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SIGNXrLIRE ACtd1 TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
1CKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00
:OUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
1ENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
:EES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
IENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 242 00
IENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
0 RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT S85 AN HOUR. AMT BILLED 242 00
QUIPMENT E'3PSd31�`t°"" NAME CELL HONE 10— FEB -12 16: 02 34
EASED BY X PRINT ttVyff99[L P
TURNED BY X �:;d 0 1�F i °`iL RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE R TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment We charge a 5% Damage Waiver on all equipment rentals.
nal unctions unless Runvon Eauiament Rental has been notified.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its
duty fo inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment andlor arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorr:ey's fees which (1) relate to injury or to destruction of
property or bodily injury, illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive, primary or secondary) of Customer, its agents or employees, or anyone for whose ads 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 attomev's fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party.. Runyon may elect to defend said action on its own behalf and Customer agrees
'hat it shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time 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 all Equipment Customer may rent or purchase from Runyon,.. whether on the date of this Agreement or at any time in the future (except only
as to any Equipment andlor other items with respect to which Customer executes a now Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement; (a) Use far 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: (dt Use by anyone other than Customer or its employees, without Runyon's written permission: (a) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative.fuei..Runyon checks the oil level in the equipment when it is rented to.Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of Inc removal of the goons.
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 no; 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 to be returned to Runyon as clean as when it left. A charge of sixty -five dollars ($65.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan, the equipment without
Runyon's 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 Id date time) and retention of possession after this time constitutes a material breach.of this Agreement. Time is of the essence in :his
Agreement Any extension: must he mutually agreed upon (n writing.
14. Late Return. Title to ecuipment and shall at all times remain with Runyon, r"a!lure to return the equipment by the "Due In" date will subject Customer to a charge of conversion (thief'
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 ?h) 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 agreenierit 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 Gustorrier 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, of any right it might have against Customer, arising from normal damage of the
rental property, normal damage to be. determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This'damage waiver" does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage. theft or other gross negligence of Customer. This damage waiver shall not apply to reckless. careless or abusive operation or use of the equipment, use or operation of the equipment exceeding Its
pied 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
epresent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rentals 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 :iris be paid to 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 (S65.00) per hour plus parts.
20. Severability. T he provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall nor affect 'he remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon ar:dior ds
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is riot rasocnsibie for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
13. Fees, Licenses, Permits. Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days andlor miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equiprent. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment. or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the ec.uipnnent. including. but not limited to any and all tines, penalties and forfeitures imposed by
any governmental entity. and, to the extent not covered by insurance. any clams or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale rt 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 ecuipment. 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. DeliveryyPick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knockdown of tables and ^hairs.
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 authodzaton. if time permits, we will
try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area, rabies and chairs :v!l! be !eft until the next day a special
crew czn be scheduled. There will be an additional one da rental. A knock down fee will result if rental items are still up.
27, Waiver of Jury Trial. Each party waives its right to a jury t of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This vraiver pertains to al disputes `rat may relate tc 'he sub r-
;eci miner hr
Including, without limitation. contract, tort, breach of duly, and all e ther common !aw 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 ir
heishe -it has had a reasonable opportunity to discuss this waiver and Its effects with legal counsel. Accordingly, each party knowirgly voluntarily, irrevocably and unconditionally waives its jury !flat 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 ether charges assessed during the Term in connection with the use, parking. storage. and:
or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us.
29.Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and Belts in a safe and secure condition while in their possession. Customer agrees not to tow
any trailer rented from LESSOR, DEALER (a) in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of medication, alcohol, or illicit drugs.
30. Headings. The headings used herein are so;e!y 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 paif Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail
AS -IS NO WARRANTY: THE WARRANTY IS HE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE lMPL'E
WARRANTIES OF !v -0ERC'r,A "JT ;BILITV AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE Li.Ac "tt
OR RESPONSIBLE FOR ANY SFECIAI, iNC!DENTAL OR CONSEQUENTIAL DAMAGES AHISING'dUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOfAFR, REGARDIcSS OF WHETHER SUCH DAMAGES AR'i
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning ovexchanging an item to Runyon:, unless the product has been damaged during shipping.This policy also applies to warranty returns
stated al the Runyon "Return Policy" when, customers return an item or items tot credit, a 254 restocking fee will be charged to your account, plus all applicable inbound and outbound fre.ght.This policy also applies to shipments refused and return:
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 shipmt
r eceived in conditions other than brand rely will be charged 50',' restocking fee of the iota! amount: All returns must be properly bored before they are returned. It's the customer's responsibility is report any damages shortages within 48 ho;
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 Authorisation (MRA), Runyon will rnstrucl customers as 40 the best mearit
refum ng merchandise. Runvon's MRA's are valid for 30 days after issuance, MRAs are not valid after the 30 day tlrie limit expires. Runyon will absolutely not, under any drepristerces, Issue an MRA `or returns on used or damaged produce.
freight related damage must be noted on rile signed Bill of Lading AT THE TIME OF D`eLVERY. The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seiler represents and warrants that: (a) Seller has all necessary right, power and authority to ente :life and perform the transactions referenced herein; (b) Seller has good and marketable title to
Equiprnerit' and (ci on the'transter Date, Seller will convey the same to Buyer (save only for the purchase money lien, if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion: of the Purchase Price). 61
represaris alai warrants that: Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein; (ill Buyer has selected and carefully inspected and examined the Equipment and found the same tc
acceptable to Buyer in all respects based or criteria established solely by Buyer and not based on any recommendation by Seller; and (ii) Buyer has received, carefully reviewed arid is satisfied with, all available training, instructions. operating
user manuals, and other information (inciudirig ail training required under applicable OSHA andlor ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent cl'ss ied as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R ��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
Ar property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reddess, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIVMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 Policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, If a total loss, will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
CAF F151%95 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
31 7 5 6 6 888 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 hag (11/2) percent per month added to aocounts 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 direct or indirect from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including implied
"Don't be a tool Rent one" warranties of me rchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO' JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 PATCH TRUCK
3400 WEST 131ST STREET Con# 219968
CARMEL IN 46074
Loc 100
SSN, PHONE DAT T IME
W (317) 733 -2001 OUT 02/23/12 9:07 AM SAF
F (317) 73_ -200
ID #3 })k` PO /JOB RECEIVED BY
PATCH TRUCK BROWNING, TIM 02/23/12 9:08 AM SAF
*FINAL Page: 1
QTY ,ITEM# EXT AMT NET AMT
MIN 'HOURLY OVNITE 8- HOUR; DAY :W 4= WEEK.
1 103 PROPANE 60 POUND REFILL 38 38.90 38.90
t t
4 a 3 r V
FTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. RENT 0 0 0
Customer is liable for all damages repairs that result from alternative.fuel. SALES 38 90
UL Y UNDER B INSTR CTED INS MOO RA ED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND OTHER 0 0 0
I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
TAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I D W FEES 0 00
VDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
RUNYON EQUIPMENT RENTAL. X SIGNATURE Addl TAX 0. 00
1E UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 0 0
1E TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
:KNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE 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,
ES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
NTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 3 8 9 0
NTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
RUN ANY FORM OF PAYMENT ON FILE TO SA EQUIPM REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 38.90
CELL S X PRI g NAM PHONE
23- FEB -12 09:1.2:02
APMENT i
URNED BY X �J I ,.'A .I f I i'L-m RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME 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 INI I:AL
NO ADJUSTMENTS OR CREDITS will be made on equipment We charge a 5 Damage Waiver on all equipment rentals.
`f11n t
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 ur:dersfands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries including death and dismemberment caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runycn harmless from any and all claims, actions, suits, proceedings, casts, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
property, or bodily injury, illness, sickness. disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active passive primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall at its Own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its Own behalf and Customer agrees
that it shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment andlor other items with respect to which Customer executes a 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
!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 equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent Or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. it is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyons 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 to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (565.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by alt obligations herein. Customer may not sublease or loan the equipment .Olhoul
Runyon's written permission. Any purported assignment by Customer is void.
13,Time of Return. Customer's right to possession terminates or... the expiraiion of the rental period Due In" date 8 time) and retention of possession attar this time constitutes a .material breach of this Agreement. Tune is or the essence in this
eeniant. Any extension must be mutually agreed upon in %riting.
14. Late Return, Title to equipment is and shall at all times rerrairt with Runyon. Failure to return the equipment by the "Due !n" date will subject Customer to a charge of conversion (uteri
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 anomey's fees. court costs and
interest of one and one halt (1 rri) 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 jf 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 :afar tune.
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 51b of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and Ilia! this provision does not
represent an insurance OOlicy 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 possessory. Equipment lost, stolen or damaged
beyond repair will be paid for at its current list price plus the cost Cliental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Rurr un or. Runyon s option, by others. at a
charge of sixty -five dollar (805.00; per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions
21, Loading and Unloading Equipment, Customer is responsible for loading and unloading equipment. It Runyon's employees assist in loading or unloading the equipmera Custer r r ores to assume the r sR or ?d hold Runyon a: d r ss
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees. Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses permits, taxes or tines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shah 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 Customers 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 for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon. its agents and employees
harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including. but not Ilinjted 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 unau',honzed se`e of the equipment by Customer, or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense ire: excess of the lirrrts of liability provided for herein as a
result of injury, death or property damage arising out of Cusaomers use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent. servant Or emptcyee of Runyon 'or any reason or any purpose. Durdno
the term of this Agreement, Customer assumes to responsibility for the equipment to the public and any regulatory body having jursdiction.
26. Delivery/Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, eievator use or any point where extra time is involved. Cur se rvice does not include set up and knock down of rabies and clia
If this service is required, arrangements should be made several days poor to del very with a special charge quoted. If no arrangements are made and this aervice is des: ed On delivery .c= driver must call for authorization If lime permits. we wi
try to accommodate you after quoting the price. Or pick up where no prior arrangements have been made and renal items are riot knocked down and assembled in one shoilered Brea, lob es a chairs will be left until the hex; day ather a speoia
crew can be scheduled. There will be an additional one day rental. A knock down fee will result if rental /terns are still up.
27. Waiver of Jury Trial, Each gait waves is cgnt to a jury trial of arty c aim or cause of action based en or arsing out of th agreemer+ or the sub;'ecf matter hereof. "s wa „a rain_ „r,p: t s u a: may relae o :e n ;?c: taste- -e
{ncludh,a, withuil: umdat on, con;raol :eft breach of duty, and all other common law and statutory claims- anc will not be subject O any exceptions Each party tA) uunderstand tri ins is a .r ,f c r," :eg g: i and 3 1 k o ;,10-
helsheilt has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily. irrevocably and unconditionally waives its jury tra rghts
28- Tickets. Fines and Penalties. You agree to fully and promptly pay all fines, penalties.. parking tickets. traffic tickets, foils, court costs, attorneys fees and other charges assessed during the Term in connection wifh the use. narking. storage a
or possession of the Equipment, regardless of the identify of the driver of any vehicle You rent from Us.
29. Trailers and Towing. The customers responsible for inspecting and maintaining the trailer coupling mechanism safety chains all tie downs, pins and lights in a safe and secure condition while in their possession, Customer agrees not to to
any frailer rented from LESSORDEALER fa) 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.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
Alf sales are also goveinec: by the patties Ec u,prtent Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreem of pre.a:l
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 ii `PLi
WARRANTIES Or MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL !NC OR AFFILIATED COMPANIES WILL NOT BE L AE
OR RESPONSIBLE FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAf.4AGES ARI
UNDER THEORIES OF THE LAN! 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 apples to warranty returns
stated in the Runyon "Rehrrn 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 treight.This policy also applies to shipments refused and returr
All cancellations of whole goods are subject to a 25`6 (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 refundable. Any shipn
received in conditions other fhar, brand new will be charged 50% restocking tee of the total amount. All returns must be properly boxed before they are returnad. it's the customer's responsibility to report any damages /shortages within 48 f
of receiving the product. Hunypn will not accept claims 48 hours after delivery. Runyon will not accept returns N hgut authorization. Upon issuing a Merchand =se Retu; n Authorization (MRAI. Runyon will instruct customers as to the best area,
returdna merchandise.Runyon's MRAs are valid for 30 days after issuance MRAs are not valid after the 30 day e limit xi es Runyoc will aasotticly not. under any cy !irstafl;es s_._ a.; MIR.A 4 1 0f r t- r s On uses or aamaged products
freight related damage must be noted on the signed Bili of Lading :AT THE TIVE OF DELIVERY The purCh ase prce at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Sei er represents arid warrants that: icif Seller has all necessary ght, power and author/ y tO enter into and perform the t'ars„ct 3re _a er.., (o, `;_i: has good ano ya ,,.I. h:'e
Equipment: and (c) on the Transfer Date, Seller w ll convey the same to Buyer (save only for the purchase money lien, if any, to be retained by Seller should Seiler at its sole option• elect to finance all of env portion: of the Purchase Pill—
represents and warrants that p Buyer has all necessary right, power and authority to enter into and perform the transaaorls referenced herein; (it) Buyer has selected and carefully inspected and examine( the EgUiprttent and found the same
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seferi and (iu) Buyer has received, carefully reviewed and is satisfied with, all available tra iirist rucons, opEra; r,
user manuals, and other information fincluding ail training required under applicable OSHA andlor ANSI Standards. if ar:yi regarding IftE proper and sale ?Br ;SpOrfBt ?00, u5?, tnninfEnunge repair and SiOraye 0! ,he Equipmen!.
ww
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))
02/27/12 $142.19
02/27/12 $50.55
02/27/12 $242.00
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6
20
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyon Equipment Rental
IN SUM OF
410 W. Carmel Drive
Carmel, IN 46032
$4
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members
2201 42- 311.00 $142.19 1 hereby certify that the attached invoice(s), or
2201 42 321.00 $50.55
bill(s) is (are) true and correct and that the
2201 43- 530.99 $242.00
materials or services itemized thereon for
which charge is made were ordered and
received except
Thursday, Mach 08, 2012
ff
Street Commissioner
r
C•r n. JJ ..�c-
Titled
Cost distribution ledger classification if
claim paid motor vehicle highway fund