208451 04/25/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $159.37
CARMEL, INDIANA 46032 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 208451
CHECK DATE: 4/25/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 224615 30.99 OTHER EXPENSES
601 5023990 225324 19.98 OTHER EXPENSES
601 5023990 225331 108.40 OTHER EXPENSES
1 eqUIPtA6NT 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 arty right it might
A Y 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
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 reddens, 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
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
C 1`1511ER5 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 7 566 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half (1 12) percent per month added to 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 directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for lt any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, 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 WATER DISTRIBUTION 161
3450 W. 131ST STREET Con# 225331
CARMEL IN 46074
Loc 100
SSN PHONE DATE -TIME
W (317) 733 -2855 OUT 04/16/12 2:34 PM JP
W (317) 733 -2840
ID #3 PO /JOB RECEIVED BY
SHOP SMITH, JERRY 04/16/12 2:40 PM JP
*FINAL Page: 1
QTY ITEM# EXT AMT' NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK
1 00024 WX 10 PUMP 50.42 50.42
1 1008 SHIPPING AND HANDLING 8.00 8.00
2 00015 STIHL BELTS �`',.�'24�.99 49.98 49.98
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2,0
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ME EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SUBJECTTO A CIWGE OF CONVERSION (THEFT} RENT 0 0 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages 8 repairs that result from alternative fuel. SALES 108 40
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND D I
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND OTHER 0 00
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 0 0
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL, X iEi 1,71 J ACIdI TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 10 40
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT GZ "_j' 4 4 CELL AMT BILLED 108.40
LEASED BY X l" �"<I 1'"T �f PHONE
16- APR -12 14:40:08
EQUIPMENT
RETURNED BY X SIGIN b RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIM OT TIME USED. 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 INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
mal unctions unless Runvon EauiDment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use, Customer fw z6r acknow"If.dges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon') of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment. caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
property, or bodily injury, illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive, primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of 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 amed 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 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 shirt. 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 (81 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 ardor 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 or 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, ivilhout 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
['able for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the 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 ale, and Dealer and his agents shall not be liable for an;: 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
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 al obligations herein. Customer may not sublease or loan the equipment without
Pinveiri's permission, Any purported assignmem by Gpstamer is void.
13.Time of Return. Customer's fight to possession terminates on the expiration of the rental period ('Due In" date 8 time) and retention of possession aver this .i .a constitutes a ,ater al beach 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 Inc "Due in' date will subject Customer to a charge of conversion (theft).
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of one and one half (1 percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought ig 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 lot 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. the`a 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 capacp y 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 less 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, unenforceabiliti 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 ardior its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22, Property Damage. Runyon is riot responsible for any damage whatsoever as a result of on-the-job deliveries or pick -up by Runyon.
23. Fees. Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment Customer is responsible for damages to Customer's property or goods in storage or in transit.. or for any property left or stored in the equipment, or elsewhere
is the renting location. Customer agrees not to hold Runyon liable for damages from coven lime, 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 ail fines, penalties and forfeitures imp -used 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 empoyees,
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 tine 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 (',hairs.
If this service is required, arrangements should be mace several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits. we will
try to accommodate you after quoting the price. On pick up where no prier arrangements have been made and rental items are not knocked down and assembled in one sheltered area, tables and chairs v, be eft until the next day omen a special
crew can be scheduled. There will be air additional one dal rental. A knock dcw tee wail result if rental items are still up.
27, Waiver of Jury Trial. Each party waives its right to a )ury trial of any claim or cause of action based on or arising out of th is agreement or the subject matter hereat. This :waiver pertains to ail disputes that may relate to the subicc! matter hereof.
ndudlny. without !imitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party IA) understands that this is a ,vainer of important legal rights and (B) ackro.viedges that
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 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 riot to tow
any nailer rented from LESSORrDEALER (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 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 it the Runven "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 subjec 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
:ecelved in condition other Char brand new will be charged 50% 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 damagesi`shoriages within 48 hours
of receiving the product. Runyon will rot 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
eturnhig merchar:.dise Runyon's fvRA's are valid for 30 days after issuance. MBAs 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
frsrgiit ralateii damage must be noted cn the signed Bill of Lading Al THE TIME OF DELIVERY. The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seiler represents and warrants that (a) Seller has all necessary right. power and authority to enter into and perform the transactions referenced herein: (b) SeL'er has good and marketable title to the
E and (ci 5n the Transfer Date, Seller will corny the same to Buyer (save only tar the purchase money lien, if arty, 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 :varrans Lhat: (i1 Buyer has all necessary right, power and authority io enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found the sari. lobe
arceptabic to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller; and did) Buyer has received, carefully reviewed and is satisfied with. all available training, instructions, operating and
ser manuals, and other information (including as 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 classified as 'damage waiver' by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
property rented a sum equal to 5% of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to 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
6QUIPM ✓NT 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
CAW CL IF ISHERS 1NDIANAP0L15 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 v olates any of the terms and conditions of this agreement, the Renter may collect damages together with reas"Ne 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 indemnity Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO'.'` JOB LOCATION TICKET
CARMEL WATER DISTRIBUTION 161 SHOP
3450 W. 131ST STREET Con# 225324
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2855 OUT 04/16/12 1:57 PM SAF
W (317) 733 -2840
ID #3 PO /JOB RECEIVED BY
SHOP SMITH,.JERRY 04/16/12 2:00 PM SAF
*FINAL Page: 1
QTY ITEM# ,EXT AMT NET AMT
e ,r
MIN HOURLY "OVNITE 8 -HOUR DAY WEEK 4 WEEK
2 081834160009 TAPE CAUTION 3" X 1000 ~9.99 19.98 19.98
n it r
7 �0
IFTHE EQUIPMENT IS NOr RENRNED BY "DUE IN" DATE YOU WILL BE SUBJECTM A CHARGE OF CONVERSION (THEM 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 19 98
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND
FULLY BEEN THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND OTHER 0 00
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 0 0 0
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X yl,^ 3iti07i RE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT 'I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 19 98
TO RUN ANY FORM OF YMENT 00,FJLE TO SATISFY EQU[PMENLREPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT t"D�I�I) L CELL AMT BILLED 19.98
LEASED BY X 16- APR -12 14:00:58
EQUIPMENT RETURNED BY X SE Lr 1„ RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIM OTTIME 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 INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment equipment rentals. i P
Waiver on all Damage a 5% We cha a ul
malfunctions unless Runvon Eauioment Rental has been notified_ 9 9 4
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity fo 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 and 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 bg 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 aftorney's fees incurred in such defense and/or settlement. judgment or other resolution. In me 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 deerned to apply to all Equipment Customer may rent or purchase from Runyon., whether on the dale of this Agreement or at any time in the future (except only
as to any Equipment and /or other items with respect 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. Ali equipment is lull 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. CUSigrner 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 RUPJYON'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 sixiy -five dollars (,$65.00) per hour will be charged for deanup.
12. Assignments. Subleases and Loans of Equipment. R unyon may assign its rights under this Agreement without Customer's consent, brit will remain bound by all obligations herein. Customer may not sublease or loan the equipment vvithout
i'lunyoe's :�ritten permission. Any purported assignment by Cusicmer is void.
13.Time of Return. Customer's night to possess on ton males on the expiration of the rental period "Due In' gate °e) and retention of possessior Baer this fine constfulles a r afar'al breach of th`s Agreement Tme 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 wish Runyon. Failure to return the equipment by the "Due In" date will subject Customer to a charge Of conversion (thelt).
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 Yz) 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 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
ated 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 *he 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. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22, Property Damage. Runyon is not responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
23. Fees Licenses. Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees. licenses, permits, taxes or fines• required by or resulting from the Cus. mer'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 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
i n the renting /oration. Customer agrees not to hold Runyon Gable or 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 our of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governs ^ental entity. and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery/Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chair.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. if lime permits, we will
y to accommodate you after quoting the price. On pick up where no prier arrangements have been mach and rental items are not knocked down and assembled in one sheltered area, tables and chairs will be Jett until the next day •.when a social
crew can be sehedu!ed. There will. be an addP:ional one day rental A knock dovrn fee will result if rental items are still rip.
27.Waiver of Jury Trial. Each party waives its right to a fury trial of any claim or cause of action based on or arising out of this agreement or the subject mater hereof. This waiver pertains to all disputes that may relate to the cubes( molter hereof.
including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and IS) acknowledges that
be shel't has had a reasonable opportunity to discuss this waiver and its effects wi legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
28.Tickets, Fines and Penalties. You agree to fully amid 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 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 riot to tow
any frailer 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 IMPLIED
WARRANTIES OF MERC .ANTABILITY 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" HEORIES OF THE LAIN OF CONTRACTS OR TO1 ?T.
RETURN POLICY FOR PURCHASED ITEMS: The rusfomer is liable for ail shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shippng.This policy also applies to warranty returns. As
stated it the Runyon 'Return PoLCV" 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 froigllt.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25% 'of rotor 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
niece led in conditions other than brand ne:v will be charged 50% restocking fee of the total amount. Ali returns must be properly boxed before they are returned. It's the customer's responsibility to report any damages/shortages within 48 'r o -:rs
of receiving the product R!;nvon •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
e rni .g n.,!chanc s Runyon's MRA's are valid for 3C days after issuance. MRAs are not valid after the 30 day time limit exp res. Runyon will absolutely not, under any circumstances .ssce an MRA'o returns on toed or damaged prodli s- An
e g`n relai:n; tl. =,mage mr!sf be re ed a the signed 6 gf Lading AT HE TIME OF DELiVERYThe purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seller has all necessary right, paver and authority to enter into and perform the transactions referenced herein; (b) Seiler has good and marketable title to the
uipr t rl; cnd tc) on the ransfer Date Se er will convey the sarne to Buyer (save only tar 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 Pricer Buyer
represents and :warrants that: ?i) Buyer has all necessary right, power and a :_ithonty to enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found the sarnra lobe
ac: eprable to Buyer ,,a all respects based on criteria established solely by Buyer arid not based or; any recommendation by Seller, and (iii) Buyer has received, carefully reviewed and is satisfied ivith, all available training, instructions, operating and
user manuals, and other information (including al 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.
In consideration of the payment of additional rent classified as "damage waiver by the Rentee, Renter agrees to, and hereby does wane its right, or any right it might
i�► U NYO N have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
A'N- property rented a sum equal to 5% of rental charge. This 'damage waiver' does not include damage or loss of the property as a result of the negligence of the Rentee
or in the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, 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
GAIZMEL FISHERS INDIWAPOL -IS 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 coiled 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 be a tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www.runyonrental.com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET V.
CARMEL UTILITIES 206 041112
760 3RD AVENUE SW, #110 Con# 224615
CARMEL IN 46032
Loc 100
SSN PHONE DATE TIME
W (317) 571 -2267 OUT 04/10/12 2:55 PM WH
F (317) 571 -2265
ID #,3, 'PO /JOB RECEIVED BY
041112 COOKSEY, SHAWN F 04/10/12 2:59 PM WH
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN. HOURLY OVNITE 8 —HOUR DAY WEEK 4 WEEK
1 754166134498 DRILL BIT SDS 112" X 23 1/2" ^301.99 30.99 30.99
°+Y n.
l 1
V
ME EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SUEMECTTO A CHARGE OF CONVERSION (THEFT} RE NT 0 0 0
Use of alternative fuels, (Biodiesel, E8 n Runyon Equipment Rental, equipm ROHIBITED.
Customer is liable for a damage repairs that result from alteVREA SALES 30 99
1 HAVE BEEN INSTRUCTED DEMONSTRATtONTH4E A PROPER OPERATION OUIPMENT AND I
FULLYUNDERSTANDTHOSEINSTRUCTIONS RS ND THATIAMTHEPERS PROPE TY,AND OTHER 0 00
THAT RUNYON EQUIPMENT RENTAL DO SIO LEND THIS PRTHER DW /FEES 0 0
G THTO SON FO
UNDERSTAND THAT GIVING OR LENDI U
BY RUNYON EQUIPMENT RENTAL. X ACldl TAX 0 00
TH E UNDERSIGNED, HAVING READ AND UN D THE ABOVE, HEREBY REES 0 T TH TICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE R THE ABOVE ORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDIT N OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY YON EQUIPMENT DEPOSIT 0 0 0
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
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 30 99
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR,
EQUIPMENT ilt]111AC CELL AMT BILLED 30.99
�5")3AF'P' 1Vf"1ME
LEASED BY X 1 {VV!! PHONE 10 12 14:59:38
EQUIPMENT
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
:p��- i r i i L�H
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, FUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
mat unctions unless Runvon EaUiDment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it hashed an opportunity to personally inspect the equipment and finds it suitable for its needs and in goad 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 detects.
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 andior arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities Including attorney's fees which (t) 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 10 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 ail costs, expenses
and attorney's fees incurred in such defense andlor settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
that it she'! 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 i8) 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 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 ii 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 Gable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. it is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (555.001 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 rernam bound by all vbligai!ons herein. Customer may not sublease or loan the equipment without
R,unyon's written permission. Any purported assigmnent by Customer is void.
13.Time of Return. Customers right to possession terminates on the expira =.ion of the renal Period i ,n' date time) and retention of possession after this time constitutes a rmatcvial breach of this Agreement me 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 al all times remain with Runyon. Failure to return the equipment by the "Due In'tlate will subject Customer to a charge of conversion (theft).
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of one and one half (1 percent per month added to accounts over ten it 0) days old, reflecting an annual percentage rate of eighteen If 8) 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 tip be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5`0 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
reprasent 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. Severability. The provisions of this Agreement shall be severable so that the invalidity unenforceability or waiver of any of the provisions shall not allect 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 andior its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customers property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and. to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs.
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 file 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 tee will result if rental items are still up.
27. Waiver of Jury Trial. Each party v:aives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes ihal may relate to the subject matter hereof.
including, witttout limitation, contract, tort, breach of duty. and all other common law and statutory claims, and will not be subject to any exceptions. Each parry (A) understands hat this is a waiver of important legal rights and f8) acknowledges that
he /shefil has had a reasonable opportunity to discuss th is 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 -arm 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 LESSORIDEALER (a) in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of medication; alcgjicil, 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 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 poll y also applies p warranty returns. As
stated in the Runyon `Return Pokey,' 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 a so applies to shipments refused and return
All carcellat ors of whole goods are subject to a 25% tot total invoiced order) cancellation fee on in stock i':ems from Runyan locations ONLY. Return shipping of the product is not refundable. Ail parts purchases are non refundable. Anv shipment
received in conditions other than brand new will o2 charged 50 1is restocking tee of the total amount. All returns must be properly boxed before they are returned. Its the customers responsdbility to report env dais c s -hortaces w thm 48 curs
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, Runyon will ;nstruct customers as to the best means of
reiurri 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 MRA for ietums on used or damaged products. Any
freight related damage must be noted on the signed Bill of Lading ATTHE TIME OF DELIVERY. The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Sevier represents and warrants that ia) Seller has all necessary right, power and authority To enter into and perform the transaction referenced herein (bi Serer has good and riarke ab e little to the
Equipment: and fcl 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 so'o notion, elect to finance all or any portion of file Purchase Prioel. Buyer
epreserts and warrants that: Buyer has all necessary right. power and authority to enter into and perform the transactions referenced herein: (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptab,e to buyer in ail respects based on criteria established solely by Buyer and not based or: any recommendation by Seller. and (iii) Buyer has received, carefully reviewed and is satisfied with. all available train!rg, instruction=_. operating and
user manuals, and other information (including all training required under applicable OSHA andior ANSI Standards, if aryl regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
Prescribed by State Board of Accounts City Form No. 201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
354867
RUNYON EQUIPMENT RENTAL Purchase Order No.
410 W CARMEL DRIVE Terms
CARMEL, IN 46032 Due Date 4/17/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
4/17/2012 225324 $19.98
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5- 11- 10 -1.6
Date O r
VOUCHER 114315 WARRANT ALLOWED
354867 IN SUM OF
RUNYON EQUIPMENT RENTAL
410 W CARMEL DRIVE
CARMEL, IN 46032
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
225324 01- 6200 -06 $19.98
��5331 e p IL t 094D
a arc
Voucher Total 1 -j
Cost distribution ledger classification if
claim paid under vehicle highway fund