208857 05/10/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
0 ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $123.27
CARMEL, INDIANA 46032 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 208857
CHECK DATE: 5/10/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 223969 43.99 OTHER EXPENSES
651 5023990 224776 41.80 OTHER EXPENSES
211 4462838 226350 37.48 STORM WATER PHASE II
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
AA 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
I V T 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
6QUIVMENT tZENTAL 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 o 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
LA(LMEL o FISHERS o 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.
Z 'fl 7 538 8303 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 (1 B) 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.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 17 O®ys ®PnMc Week Monday Friday 7:00 am 5:30 pm o Saturday 7:00 am 4:30 pm o Sunday 9:00 am 3:00 pm
RENTED-TO JOB LOCATION, TICKET
CARMEL WASTE WATER 9855 TRUCK CLEAN UP
760 3RD AVENUE SW Con# 223969
SUITE 110
CARMEL IN 46032 Loc 100
SSN PHONE -DATE TIME
H 317) 571 -2634 OUT 04705/12 8:57 AM JRR
F (317) 571 -2636
ID #3 PO/JOB RECEIVED BY
TRUCK CLEAN UP MALLABER, BLAINE R TURNED 04/06/12 8:52 AM SAF
*FINAL Page: 1
QTY ITEM#
EXT AMT_ NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY, WEEK ,'`4 WEEK
1 3231 -0002 CARPET UPHOLSTERY CLEANER �,d,��'t 22.00 22.00
$22.00/D 22.00 22.00 88 00�� ��26,4.00
2 084686623227 CARPET UPHOLSTERY CLEANER,�,320Zi �1 �6 95 13.90 13 90
1 084686626518 CARPET SPOT-REMOVER 160i 6.99 6.99 6.99
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IM' DATE YOU WILL BE SUaIECTTO A CHARGE OF CONVERSION (THEFT). RENT 22 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 89
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND 1
FULLY UNDERSTANDTHOSE 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 1 10
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SIC A'k uRE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES 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. 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, ANDIOR 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 43 99
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 43.99
EQUIPMENT CELL
LEASED BY X PRINT NAME PHONE
06- APR -12 08:52:34
EQUIPMENT
RETURNED B Y X S IGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME U ED. 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
NO ADJUSTMENTS OR CREDITS will be made on equipment
mat unctions unless Runvon 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 "Ruryon 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 in 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 (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 far 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 iB) hour shift. If Customer runs the equipment for over 8
hours in one dau 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 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 'hat result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil levei in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer mzy 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. 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 (S65.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyan may assign its rights under this Agreement without Customers consent, out will remain bound by all obligations herein. Customer may not sublease or can the equipment without
Runyon's written permission. Any purported assignment by Customer is void.
13.Tdme 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 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 ail times remain v:ith Runyon. Failure to return the equipment by the "Due Ir dale 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 IT !vz) 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 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 (565.00) 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 Cu fomer 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's 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, red uired 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 c €aims 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 poinl *ruck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does rot include set up and knock down of 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. 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 all 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 party :veives 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 subect matter 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 acknowledges that
herehe:'d has had a reasonable cppurtt." tv'o dscuss It is waiver anti is effects vvi lh legal cour.sel. Accordingly each parry xnow :ugly volur'ar ly irrevocably and unconditionally wanes its :ury trial rights.
28.Tickets. Fines and Penalties, You agree to fu'y and promptly pay al fines, penalties, parking 'ickets Traffic tickets, tolls, court costs attorneys' fees and o:iter charges assessed curing the Term In eormecr on .a It 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 andTowing. The customer is responsible for inspecting and maintaining the frailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees net TO tow
any trailer rented from LESSOR.rDEALER (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 she!! 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 OFTHE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless 'he 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 25'4n 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% restocking fee of the total amount. All returns must be properly boxed before they are returned. Its the customers rest onsibiiity to report any dainagos'shorages within 48 ^ours
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 life signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seiler represents and warrants that: (a) Seller has all necessary right, power and authority to enter into and perform the transactions. referenced herein; (b) Seller has good and markelai; e title to the
Equjpr 11t,and (c) co. the Trans Date Sel or w!h coilvpv the same to Buyer ;save only for the purchase ^to! ey lien. if any, to be retained by Seller should Seller, al its sole option. elect to finance all or any portior. of the Purchase Price) Suver
repteser and wanan,s tnat Buyer has all necessary nigh: power and authority to enter into and perform the transactions referenced herein: (it) Buyer has selected and carefully rspected and examined the, Equipment anal found the same to oe
accppfabie to Buyer in all respects based on criteria established soieiy by buyer and net based on any recommendation by Seller, and (ii) Buyer has received, carefully reviewed and is satisfied svdh. all available Van rg, instrucians. peeranr:q arvd
user manuals, and oller information %including al :raining required under applicable OSHA and/or ANSI Standards, if any The proper and safe transportation, use, ,.iairterarice, repair and slorage of the Equipment.
o 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
J o V ArA property rented a sum equal to 5% of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence of the Rentee
or in the case of abusive damage, theft or other gross negligence of the Rentee. This damage Waiver shall not apply to 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
EQUIYMBNT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, a a total loss, will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
GAF-M61L o FISHERS o 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.
Z I li !I 563 Goes The parties agree that in the Bent 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 be a Pool 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 D®ys c Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET
CARMEL WASTE WATER 9855
760 3RD AVENUE SW Con# 224776
SUITE 110
CARMEL IN 46032 Loc 100
SSN PHONE DATE TIME
H (317) 571 -2634 OUT 04/11/12 12:55 PM JP
F (317) 571 -2636
ID #'3 PO /JOB RECEIVED BY
COOPER, JEFF 04/11/12 12:56 PM JP
*FINAL Page: 1
QTY ITEM# EXT AMT NET '`AMT
MIN HOURLY OVNITE. 8 -HOUR DAY WEEK, A WEEK
2 101 PROPANE 30 POUND REFILL 0 1'20.90 41.80 41.80
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT).
Use of alternative fuels, (Biodiesel, EB5, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. RENT 0 00
Customer is liable for all damages repairs that result from alternative fuel. SALES 41 80
1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY BEEN THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT IAM 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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/ FEES 0 00
BY RUNYON EQUIPMENT RENTAL. X SIC,NATURE 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, ANDIOR 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 41 80
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT 1 T CELL AMT BILLED 41.80
LEASED BY X PRINT N M E PHONE
11- APR -12 12:56:26
EQUIPMENT
RETURNED BY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES,
WE CHARGE FOR TIME UT 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. "T` L
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.
t Vt
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity 1 0 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 and /or arising out of Runyon's negligence.
Customer shall :ndamnlfy 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, iliness, 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 liabili y 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 to? 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 tees 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 date of this Agreement or at any time in the future (except only
as to any Equipment andior 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 full of fuel when rental to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel E85 etc.) in Runyon equipment is prohibited, Customer is
l iable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the 000ds from wherever they are, and Dealer and his agents shall not be liable for any calms
for damage or trespass arising out of the removal of the goods.
9.Tires. Custorner 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 omen it left. A charge of sixty -five dollars (S65.00) per hour will be charged for cleanup.
12, Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by aii obligations herein. Customer may not sublease or loan the equipment without
Runyon's critter: permission. Any purported assignment by Customer is void.
13. Time of Return. Customer's right to possesson terminates on the expiration of the rental period "Due In" date time) and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence in this
Agreement. Any extension most be mutually agreed upon in writing.
14. Late Return. Title to equipment is and shad at all tames remain: with Runvcn. Failure to return the equipment by the "Due In" date will subject Customer to a charge of conversion (thefQ.
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 t 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 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 art insurance premium, and that this provision does not
represent art 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 (565.00; per hour plus pars,.
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 ham-loss 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 lime 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 far 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 al fines, penalties and forfeitures imposed by
any govemmentai entity. and, to the extent not covered by insurance, any claims or liabilities to third parties arising out blithe 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. if time permits, we will
Iry 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 party 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 ail disputes that may relate to the subject matter hereof.
including. without limitation, contract, fort, 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 (Bi acknowledges that
relshe n,, had a reasonab e opportunity to d. scuss this waiver and its effects with legal counsel. Acconling: oach partly knowingly, voluntarily irrevocably and uncondt:onally waives its jry trial rights
28,Tickets, Fines and Penahies You agree is fully and promptly pay a fines. Densities. parking ..ckets, traf i.ke oils. court casts at':rnevs' fees and Diner cha gas assessed du: ing the Term In connector? sailh the use, pa kung. s; aga. and
or possession of the Equipment, regardless of the identity of the driver of any vehicle'rou rent from Us.
29,Trailers and Towing. The customer :S responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins a nd lights in a safe and secure condition while in their possession. Customer agrees rot to fox•
any trailer rented from LESSORIDEALER (a) in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of rredication, alcohol, or illicit drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent. then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OFTHIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER''HEORIES OF THE LAV,'' 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 Rgnvon "Return Policv" when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable nbound and outbound freight. This policy also applies to shipments refused and returned.
All cancellations cf 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
—wed 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. It's the customer's responsibility to report any damages.'shoriages within 48 hours
of reoe.,iving the ,Product. :Runyon vdilf not accept! claims 43 hours after defiler:: Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as to the best ri,ears of
rett;n?ir:.g mercnardis. Run•.,ons rt,RA's are valid let 30 days after issuance. MRAs are not valid after the 30 day tame lima expires. Runyon will absolutely not, unite any circumstances, issue an MRA for returns on used or damaged products. Any
tre:gnt rrli!ei damage must be rollto on 6?e signed Biil of Lading AT THE TIME OF DELIVERYThe purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seiler repres and warrants that tai Soler has all necessary right, power and authority to enter into and perform the transactions referenced herein: (bj Seiler has goad and marketable title to the
,ou;pr ,l: and for or he Tracsfef Date Se: er wrtl: convey Cue sa�te'o Buyer (save only for the purchase money lien, if any. to be retained by Seller should Se'e=. at its sole option, elect id 6na °:ca all or acv ports of tyre P_ fate �'i.,e) Buyer
e.res ws an,: :arra is t .rt 'u t3uver etas all necessary right. aver and aut ".or iy to enter into and perform the hansadi0ns referenced herein (ti) Buyer has selected and car -tll inspected and exam red .he Ent+lomeri and toand :ne same :D he
a. ept e to Buver -n all respec based on clitena estap,sneo solely by Buyer and not based or, any recommendation by Seiler; and (iii) Buyer has received, carefully reviewed and is sat..Sed :rich, all available training nsirt;ct ons peraiing and
ser m mu:.;_ n„ oii. fitcur jin„,udinc a" training required under applicahle OSHA andfor ANSI Standards if any) regarding the proper and safe transportation, use, maintenance repair and slorage o' `he 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 5/1/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
5/1/2012 223969 $43.99
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5- 11- 10 -1.6
Date Officer
VOUCHER 117247 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
223969 01- 7202 -05 �$2_1.99/
223969 01- 7362 -05 $22.00-4
2 0 I.750Z 0
Voucher Total
Cost distribution ledger classification if
claim paid under 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
IVVVvuVV� 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
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 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
GARMEL o F15HCF -5 o 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 1 7 5 56 0330 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 attomey
fees, court costs and interest of one and one hall (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 6 D ®PnMeek Monday Friday 7:00 am 5:30 pm o Saturday 7:00 am 4:30 pm o Sunday 9:00 am 3:00 pm
RENTED TO ..'JOB LOCATION TICKET'#
CITY OF CARMEL 448 ONE CIVIC SQ.
ONE CIVIC SQUARE Con# 226350
CARMEL IN 46032
Loc 100
SSN PHONE J TIME
W (317) 571 -2448 OUT 04/25/12 8:32 AM TT
F (317) 571 -2409
ID #3 PO /JOB RECEIVED BY
ONE CIVIC SQ. THOMAS, JOHN G 04/25/12 8:34 AM TT
*FINAL Page: 1
QTY ITEM# EXT AMT NET•AMT
MIN. HOURLY OVNITE -.8 -HOUR DAY WEEK 4, WEEK
10 072874409005 GLOVE LEATHER PALM BOSS 4090 '•,3.99 19.90 19.90
1 035904377675 TRASH BAGS CONTRACTOR 20PK ;�ti;;��10 99 10.99 10.99
6
1 046500018428 INSECT REPELLENT OFF DEEP rW60D r �x�._ 6.59 6.59 6.59
4
P„ F tr
t
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJWTTO A CHARGE OF CONVERSION (THEFT).
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. RENT 0 00
Customer is liable for all damages repairs that result from alternative fuel. SALES 37 48 RECEIVED
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND 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 0 N 2 r w
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X j[y,;- `.jj� ?"`,i Addl TAX 0.00 (;ADMEN
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 CITY ENGINEER
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 G(b
FE S, AND/OR INTEREST CHAARGE ATED ENTAL IS WITH NY OSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT IS Qs 1Y
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 37 48
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT .f CELL AMT BILLED 37.48
LEASED BY X (f °�`I` PHONE 25- APR -12 08:34:51
EQUIPMENT i RETURNED BY BY X- •3r r T RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIM OT TIME ED. 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 INITIA°
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Eauiament 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 andror 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
propert 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, prinary 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 -aay 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 fhe future (except only
as to any Equipment andr'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 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, 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 equipments full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also. use of alternative fuels (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 cut of the removal of me 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 1$65.00) per hour will be charged for cleanup.
12, Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement tvithout 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 In" date time) and retention of possession after this lirne 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" dale 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 tees, court costs and
interest of one and one hair (1 Y. percent per month added to accounts over ten it 0) days old, reflecting an annual percentage rate of eighteen it 8) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal acton 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, Ar•r failure by either parry to enforce anv provision Of this Agreement shall net constitute a ;waiver of such provision er prejudice the right o! either party to enforce such provision 'thereafter.
18, Damage Waiver. I l,c: sioe,e fior .,t the p r.e. t of additional rent as. i .ed as "darnage wave: cy C,js:Omer, Runyon agrees %o, and hereN does, e cs r!gh! :;r any ralitittirlghthave against Customer, ans ng frcm nor °al dar age of the
enia4 property normal damage in be. determined'oy Runyon.. Customer shall Day 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 nor an insurance premium, and that this provision does not
represent an insurance policy or an ag reement 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, u ionforceability 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 andror its
employees harmless for any property damage or persona! 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 tees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges, Customer shall pay 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 fever
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 esewhere
in tae 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'rom 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 alt fines, penalties and forfeitures imposed by
any governmemal 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 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 ro 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 chars.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we 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 party 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, avithout 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 (B) acknowledges that
he/she „!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 not to tow
any trailer rented from LESSOW'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 constru or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by line parties Equipment Purchase Agreement. if the Equipment Purchase and the Terms and Conditions previously enumerated are inconsstent.:her fhe terms from the Equwpmenf 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 CIR 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 retuiIt ail 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 ,o al 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 clie"rge 51 restocking fee of the total amount. All returns Titus! be properly boxed before they are returned. It's the customer's responsibility to report any damages'shortages within 48 hours
of receiving the product. Runyon will riot accept claim�8 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 merohatdise. Runyon's MRA's are vali� 3� 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
fre ant related hr be noted on th .Sve ill of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS A�t iE9' Seller represents and warrants that: ia) Seller has all necessary right, power and authority to enter into and perfoml the transactions referenced herein: (.b) Seiler has good and marketable title to the
Equipment: and ic) 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 warrams 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 aria examined the Equipment and found the same 'to be
acceptable to Buyer in all respects based rn criteria established solely by Buyer and not based on any recommendation by Seller; and (Ili) Buyer has received, carefully reviewed arid is satisfied tv!?h, 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.
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 �Yo have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
ArA property rented a sum equal to 5% of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence of the Rentee
or In the rase of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to recldess, careless or abusive operafon 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 REN7Al other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, 4 a total loss, will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
C "6L FISHERS INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
317 566 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with 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: r TICKET t
CITY OF CARMEL 448 ONE CIVIC SQ.
ONE CIVIC SQUARE Con# 226350
CARMEL IN 46032
Loc 100
SSN _PHONE DATE TIME
W (317) 571 -2448 OUT 04/25/12 8:32 AM TT
F (317) 571 -2409
ID #3 PO /JOB RECEIVED BY
ONE CIVIC SQ. THOMAS, JOHN G 04/25/12 8:34 AM TT
*FINAL Page: 1
QTY ITEM# 'EXT AMT NET AMT,
MIN HOURLY OVNITE 8 -HOUR DAY' WEEK 4 WEEK
10 072874409005 GLOVE LEATHER PALM BOSS 4090 99 19.90 19.90
1 035904377675 TRASH BAGS CONTRACTOR 20PK r \10 10.99 10.99
0
1 046500018428 INSECT REPELLENT OFF DEEP �WOOD,� fi 6.59 6.59 6.59
1
f
THE EOUIPMENT IS NOT RETURNED BY' DUE IN' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (rHEFTJ RENT 0 0 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 37 48
HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSE 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 IC 1 ACldl TAX 0.
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 37 48
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT r i{,y S a CELL AMT BILLED 37.48
LEASED BY X i'' =!t "'i PHONE 2S-APR-12 0 8 3 4 3 4
AeruaNeo 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 ALL TIRES, FUEL AND ELECTRIC CURRENT. will apply. X IN I Vii_
NO ADJUSTMENTS OR CREDITS will be made on equipment
mal unctions unless Runvon E aUiDment 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 farther acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinatter "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 Runvon 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 pare, 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 andror settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a partyy. Runyon may elect to defend said action on its own behalf and Customer agrees
that 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 a new Agreement).
6. Prohibited Uses. Use of the equipment it 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 (Biodiesal, 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 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 arid 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 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 time) and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence in this
Agreement, Any extension must be mutually agreed upon in writing.
14. Late Return. 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 (t rz) 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 tt 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 file payment of additional rent classified as "damage waive?` by Customer, Runyon agrees to, and hereby does, wave its right or any right it might have against Customer, arising from normal damage of the
rental properly, normal damage to be dafennined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This "darnage ,waiver' does not include damage or loss of 'Inc 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 lime 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 (565.0 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 -u0 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 fine 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 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
Me 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 lime is involved. Our service does not include set up and knock down of tables and chairs.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for author,zation. 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 party 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 mater hereof,
Including, without iimitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and (B) acknowledges that
he /shefq 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.rDEALER (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 oarnes' Equipment Purchase Agreement. If me Ee.,:ipment Purc.":ase and the Terms and Conditions previously enumerated are incons!stent. Thee the leans flu'? the Equipment Purchase Agreement prevail.
AS NO WARRANTY: THE VJARRANTf IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR I:" l ?LIED WARRANTIES aJCLUDING, WIT H 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 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 fetal invoiced order) cancellation fee on in stock items from Runyon locations ONL 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. It's the customers responsibility to report any damages .ishortages 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 hdRAS are valid for 30 days after issuance, MRAS are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, issue an MRA for returns on used or damaged products. Any
freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY. The purchase price at time of sae 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) 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: (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 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 Slate 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
E
Runyon Equipment Rental Purchase Order No.
410 W. Carmel Drive Terms
Carmel, IN 46032 Date Due
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s) Amount
4/25/2012 226350 supplies for creek clean -up (4/25/12) 37.48
Total 37.48
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. m 'oaf
Runyon Equipment Rental ALLOWED 20
IN SUM OF
410 W. Carmel Drive
Carmel, IN 46032a�
37.48
ON ACCOUNT OF APPROPRIATION FOR��
f 7,
Board Members
PO# or
INVOICE NO. ACCT /TITLE AMOUNT
DEPT# I hereby certify that the attached invoice(s), or bill(s) is Ki
0 226350 211 4462838 3748 are true and correct and that the materials or services
itemized thereon for which charge is made were ordered
and received except
F u
5/ 7/2012
�f
Signature
C Engi
Cost Distribution ledger classification if claim paid motor vehicle Title
highway fund
I