208858 05/10/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL
CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK AMOUNT: $4,748.65
CARMEL IN 46032
CHECK NUMBER: 208858
CHECK DATE: 5/1012012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4231100 STREET 94.70 BOTTLED GAS
2201 4237000 STREET 97.95 REPAIR PARTS
2201 4238900 STREET 169.83 OTHER MAINT SUPPLIES
2201 4353099 STREET 4,304.06 OTHER RENTAL LEASES
2201 4356001 STREET 82.11 UNIFORMS
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317)566 -8888 STATEMENT DATE: 04/25/12 503
PRINTING DATE: 04/26/12
REMIT TO:
CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL
3400 WEST 131ST STREET 410 WEST CARMEL DRIVE
CARMEL IN 46074 CARMEL, IN 46032
DATE INVOICE# LOC DESCRIPTION AMOUNTS CREDITS BALANCE
03/02/12 220591 100 PO# PATCH TRUCK 38.90 0.00 38.9
03/05/12 220751 100 PO# STOCK 83.54 0.00 83.54
03/05/12 220773 100 PO# STATUE 74.55 0.00 74.55
03/07/12 220917 100 PO# SHOP 108.57 0.00 108.57
03/13/12 221363 100 PO# PATCH 47.08 0.00 47.08
03/13/12 221404 100 PO# 106TH 131.80 0.00 131.80
03/14/12 221405 100 PO# FOUNTAIN 575.25 0.00 575.25
03/20/12 222120 100 PO# SHOP 17.90 0.00 17.90
03/21/12 222209 100 PO# GROUNDS 11.90 0.00 11.90
03/23/12 222483 100 PO# PATCH 38.90 0.00 38.90
03/26/12 222734 100 PO# SHOP 56 C). qlR 42. 00_7 0.00 42 00
03/29/12 223127 100 PO# MARKUM 5 3 O.M 210.00" 0.00 210.00
04/02/12 223620 100 PO# SAFE VEST 5jO .0 j 14.99 0.00 14.99
04/02/12 223630 100 PO# REFLECTING POND 5 0.00 43.99
04/02/12 223681 100 PO# SHOP 3`'10 14.951 0.00 14.95
04/03/12 223763 100 PO# REFLECTING POOL .3' 45.00 0.00 45.00
04/04/12 223913 100 PO# REFLECTING POND 311 55.80`" 0.00 55.80
04/05/12 223732 100 PO# REFELXING PO�&30.g93307.76' 0.00 3307.76
04/05/12 223975 100 PO# PATCH TRUCK 5 p,Ql 9.18L 0.00 9.18
04/05/12 224008 100 PO# SHOP 530. q 9 52.50V 0.00 52.50
04/05/12 224042 100 PO# STOCK J 6 169.83v 0.00 169.83
04110112 224423 100 PO# WESTFIELD BLVD 530.q% 0.00- 0.00 570.00
04/12/12 224840 100 PO# PATCH TRUCK 3 Ll 38.90` 0.00 38.90
04/13/12 225036 100 PO# SHOP F J 30.Q G 27.30 U 0.00 27.30
04/24/12 226221 100 20# SWEEPER 5u0.0 13.95U 0.00 13.95
04/25/12 226390 100 PO# FOUNTAIN X 3'10 38.00V 0.00 38.00
04/25/12 226416 100 PO# C SQAURE 5 3 0.CiCj 94.50 0.00 94.50
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317)566 -8888 STATEMENT DATE: 04/25/12 503
PRINTING DATE: 04/26/12
REMIT TO:
CARMEL STREET DEPARTMENT RUNYON EQUIPMENT RENTAL
3400 WEST 131ST STREET 410 WEST CARMEL DRIVE
CARMEL IN 46074 CARMEL, IN 46032
DATE INVOICE# LOC DESCRIPTION AMOUNTS CREDITS BALANCE
*Unapplied Payments Amount Allocated Remaining
0 1p
o 3rG5 33n"t.�i
+3 j ��t.� 5�. 50
a 7, d 0
0 b solo
a.
CURRENT 30 DAYS 0 DAYS 90 DAYS 120 DAYS TOTAL DUE
4706.65 1170.39 0.00 0.00 0.00 5877.04
In consideration of the payment of additional rent classified as "damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R ��o have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
A 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 capactyy or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, if a total loss, will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
C ARNAEL FISHER5 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
31 5 6 6 8 8 8 8 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together wgh reasonable attorney
fees, court costs and interest of one and one hag (11/2) percent per month added to a000unts over ten (10) days old, reflecting an annual percentage rate of eighteen It 8) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes onl and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB.LOCATION TICKET
CARMEL STREET DEPARTMENT 503 SHOP
3400 WEST 131ST STREET Con# 222734
CARMEL IN 46074
Loc 100
SSN PHONE DATE. TIME
W (317) 733 -2001 OUT 03/26/12 9:02 AM SAY
F (317) 733 -2005
ID #3' PO/JOB, RECEIVED` BY
SHOP PRIVETT, SHAUN R R TURNED 03/26/12 11:06 AM WH
*FINAL Page: 1
QTY., ITEM# EXT AMT NET AMT
MIN':, HOURLY O�VNITE 8 -HOUR 11 1 DAY WEEI(' 4 WEEK
1 8131 -0001 PRESSURE WASHER 2000 PSI 40.00 40.00
$40.00/4 50.00 50.00 200 %0.0`,` 600.00
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 4 0 0 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages 8 repairs that result from alternative fuel. SALES 0 00
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSElNSTRUCTIONS 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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/ FEES 2 00
BY RUNYON EQUIPMENT RENTAL. X SIGNATURE Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT 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 42 00
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 42.00
EQUIPMENT P I �;T fi A P� �R CELL
LEASED BY X t"" St�4 PHONE 26- MAR -12 11:06:37
RETU NED X w RENTAL FEES DO NOT APPLY TO PURCHASES.
WE C HARGE FOR TIME UT N TTIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, VUEL AND ELECTRIC CURRENT. will apply. INIT IAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
t. Inspection. Customer acknuw 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 equiement prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS.
3, Indemnification. Customer agrees to assume the risks ot and hold Runyon harmless for, property damage and personal injuries, including death and dlsmen benr:ent, 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 fo destruction of
property, or hood injury, llrass, sickness, disease or death of ary person: (including employees of Customer), and (2 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, prr>ary 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
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 ac'; or omission by Runyon, and Customer shat: be liable and respohsible for all costs, expenses
and attorneys fees incurred in such defense and /or settle ^tent, judgment or other asolulimr. 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
t'rat 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 w ^ii be charged for extra hours on equipment One day is 24 hours or erghf hours running tin e. i 6 hours running time in 24 hours =a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deerned to apply to ail Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time In'tie future (except only
as to any Equipment andlor other items with respect to which Customer executes a new Agreement).
6, Prohibited Uses. Use of the equipment it the following circumstances is prohibited and constitutes a breach of this Agreement: (a} Use or 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: (e1 Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. Al equipment is full of fuel whin rented to Customer and must be returned tg Runyon 6;if gr additf0na? charges Will apply. Also use of alternative fuels i8od esel E85, etc.' in Runyon: equipment !s prohibited. Gusto ^zr is
liable for all damages and repairs that result from aiernative fuel. Runyon checks the oil level in the equipment when if is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Up or: a talure to pay ~oriel or other breach of this contract, Dealer may terminate this contract and take possession of and remove the coeds from wherever they ae, and Dealer and his agents she) not be liable for any cialms
for damage or trespass arising out of the removal of the goods,
9.Tires. Customer is Totally responsible for all tire repair. 't is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10, Insurance. Pinyon's insurance does not cover equipment while In Custome s possess Customer is responsible for insuring the equipment once it leaves Runyon's property and untl? it ^as been returned 10 Runyon's property and
payment has been received. EOU MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYO' S L OGAt1ON OTHEH THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBIUT?'
11, Cleaning Charges. E'u pr:,ent is to be returned to Runyon as clean as when it iefl. A charge of sixty -five dollars (,$65.00) per hour will be charged for cleanup.
12. Assignments, SubEeases and Loans of Equipment. Runyon may assign its rights under taus Agreement without Customers consent but will r_ a'.n bound by obligat rani. C :timer may no` sublda,_ o loarl the equipment aailho.t
Runvon` strutter De, mission. Any purported assignmegt by Customer Is void.
13.Time of Return. Cusia. Pr's right to possess Pn ±erminates on the exp rato^ o €the rental pe ice 'Due In date &tune) and retanf:on of possession a ,this .ime constltufes a •hater al beach of in AgreeTcrit. filrib is: he essence this
A roe ant Arly axien h must he m i ua. y agreed upon :r r riling.
14. Late Return. T fie to e. ent'is and sh -ait a: all times re a r wim Runyon.. Fa lu e ro return he equipment by the "Due :n' date v i subject Customer to a :arse conversion (fl.eft;.
15. Time of Payment. Accounts are due and payable at the ferminafion 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
merest of one and one half (1 Y,) percent per month added to accnunts over ten 00i days old reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws at 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 ;afar 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 ciassffied as "damage waiver by Customer, Runyon agrees tQ and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the
ental property. normal damage fe be determined by Runyon. Customer shall pay upon return of property rernied a sum equal to 5 of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage. theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
ated capar t✓ or damage to tires, tubes and wheels caused by blowout, bruises cuts, cungturzs or ether 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
zpresznt
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 t0 pay for any damage to or foss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment ost, stolen or damaged
beyond repa',r waI be paid for at its current list price plus the cost of rental up :o the time of reporting the loss or theft to Runyon. The cost or repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option:, by others: at a
charge of sixty -five dollars ,565,061 per hour plus parts.
20. Ssverability. he provisions of this Agreeme shall be severable so that the invalidity, unerforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. if Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon 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 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, perm ls, 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 acid that no refund or reimbursement is due Customer in the event that fewer
days an^yor mites 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 Runyan, its agents and employees
harmless tram and agaiFist 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 forfe fares imposed by
any governmental entity, and, to the extent not covered by insurance. any claims or liabilities tc third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Custorec OF its agents or employees,
or for the confiscation of the equipment by any governmental aulf-lenty because of iftegal or MPrgper use. CLatgmer 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 proper 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. Durrg
the term of this Aaeement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26, DeliveryiPick 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 charlr
r this service is required. arrangements should be made several days prior to delivery ;vlth a special charge quoted. It no arrangements are made and this services desired on delivery, our diver must call for aufhorzaton. i{ ..:e permits, we will
:F i r tvI it Io t ab les c I::f Until :'xt day when .np..;.
try to a. nvn.ua a you zYer quo:riy t he F•iaz Or pick up where ri0 p arrangernen s have peen mad. e a.tu re ntal :erns are not knc•�te9 gc...r and assem i she rest area t ,:t end .hair be t u t:l tfre re -,a ,n a
Uev, car be sd led, T era wit to ail a diional one day rental A knock doom feevvill result if rental stems are still yip.
27,Waiver of duryTrial. Each part w ,es u; !ghk to a :u °y' foal cf any claim or cause of action based on or aril :g out of i s agreement or he sub;ect matter he cot, fhls w -,i ✓e, pe "gins to al disputes the may slat he sub +a °t matter he anti
udirc, t} r -:n )tut a .,nine tort h ea get arid all oche romp ^or, law and statutory claims, and will not be subject to any exceptions Eaoh party (A) u•tderstand- that this is a aive of :�r pcnr: :ere rrFtS and (Bj ,~,kilo„ edges teat
eisnc• "as had a, re onab e pportui`y to discuss this ..a r and its effects w m legal counsel, A;coroing g each party knowingly voluntarily, irrevocably and unconditionally waives its .i_ y ro gits.
28.Tickets, Fines and Penalties, You agree to fully and promptly pay a fines gene ;as, parking t ekets, traffic trgkets_ tci ?s court costs, a orneys` fares and other charges assessed during 'he arm in C nneet:nn t he use, parK_ng stgraye and
or possession of the Equipment regardless of the identify or ,tie driver of any vehicle You rent from Us.
29. Trailers and Towing The --unto der is responsible for inspecting and maintaining the trailer coupling mechar!sm, safety charts, all fie downs, pins arid lg`its In a safe and secure conditon while in their possessoa. Custo F aorees riot io to,v
y tra r ailed nm L DEAL�R ,al in a careless or ney'ge °:t anne'. (bf at excessive speed or re under the influence or edication alcohol cr illi, it drugs.
30. Headings, ha n estri ng I z used Herein are solely for cur er ert retearce and shag not be used i _onstrcz or affect the c :nrprefation 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 tqe !arms from the Et Purchase Agreement prevail.
AS -IS NO WARRANTY: THE'LLVA.RRANTY IS THE SOLE AND EXCLUSIVE WARRANTY .AP?UCABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES. !NCLUDiNO, WITHOUT LIMITATION, THE IMPLIED
OF :`AERC'- 'IANTABI;_ITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OFT; HIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE =0R ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ANISE
i NEER I H"OR ES OF THE LAW OF CONTRACTS OR 707
RETURN POLICY FOR PURCHASED ITEMS: The customer's 'able for a. shipping costs when returning or exchanging an )ten: to Runyon:, unless the product has been damaged during shipping.This policy also applies in warranty returns. As
stated ih the Runvon "Return Pollct<' when customers return an item or items for credit, a 25% restocking fee will be charged to your account pills all applicable inbound and outbound freigi,t.This policy also applies to shipments refused and returned.
All cancellations cf whole goods are subject to a 254-b jot total invoiced order) cancellation fee on in stock items from Runyon locations ONL'f. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
eceived in conditions eter than bran new will be phargad 5v'i, est0cking tae of the iota! amount. All returns roust be properly boxer' before they are returned. It's the customer's responsibility to report any damageslshortages within 48 hours
of rer,Pn mL rlI prods R 'yon will out acceot claims 48 jicurs after delivef Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA) Runyon will instruct customers as to the best meats of
g
Inelchandise. Ru::yon's MRA s are veld :or 30 days alter issuance. MRAs are not valid after the 30 ra e limit expres e unyon Will absolutely not, under any clrcur eta• ees issue an MRA 4 0 et, s on used or damaged products Any
gill ~Fla <d,am3 m he reed .the signed B:,! of lad g AT THE TIME OF DEL' ✓ER'r` The pr rchase price at time of sae is final,
REPRESENTATIONS AND WARRANTIES: Se ict t r f.,u_c?vs still vva r a ,s :Intel: (at S0e( has all ri ._ssary r;ril power and authorit 1 1101 critter td and perfor.; the 1 ansaacris referen heron (b, Se _er has good and marketable title to the
,;;lip_ err, anu ci cr. t rc °la st Date, Se; n curve ria sa ..e ,c B ar isays my .o: tee cur, &ase more x ion, if a_ny to he r'e'al i d bur aaiisi s :ogid Se .er at its sale ptro n elect to rinanee all or any Portion of tripe P_I tease Pn e) Buyer
epresents
and,,,.,arrar 0 s ghat ,i} Buyer oars all necessary nigh po wer and autY only to eater into a d pef rn the t•arsact ions referenced nerei r (iii Buyer has selected and car r,d.y inspected and exani"ed the Equipment and found the sane :c be
accepiaoie to Buyer in ail respects based on criteria established solely by Buyer and not based on ar:.y recommendation by Sei er; 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 fhe proper and safe transportation, use maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R U NCO N have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
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
EQUIPM£N7 RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, 4 a total loss, will pay replacement cost of equipment
The Rentee furrier acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
O*M6L FI5t16R5 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 If 8) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnity Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB;'LOCATION y TICKET
CARMEL STREET DEPARTMENT 503 MARKUM
3400 WEST 131ST STREET Con# 223127
CARMEL IN 46074
Loc 100
SSN PHONE I :DATE f TIME
W (317) 733 -2001 OUT 03/29/12 9:43 AM SAF
F (317) 733 -2005
ID #3., PO /JOB RECEIVED BY•,
MARKUM RUSSELL, ERIC C R TURNED 03/29/12 1:58 PM SAF
*FINAL Page: 1
NET AMT
QTY ITEM# 5s
EXT AMT
MIN HOURLY 'OVNITE` 8-HOUR' AY =WEEK "j44 WEEK
R
1 1917 -0001 GEORGIA BUGGY 16 CU FT TRACKS 100.00 100.00
1 1917 -0002 GEORGIA BUGGY 16 CU FT TRACKS 100.00 100.00
4
i
ME EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEM RENT 200 0 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 0 00
I HAVE BEEN INSTRUCTED 8 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 MANY OTHER PERSON. I DW /FEES 10.0 0
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. ,I `jPf j: ti Add1 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, 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 210. 00
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT p p CELL AMT BILLED 210.00
LEASED BY X PRI NT M F PHONE
29- MAR -12 14:00:07
EQUIPMENT
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
mar unctions unless Runvon EaUiDment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition:, and that Customer understands its proper use. Customer 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 THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS.
3. Indemnification, Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings costs, expenses, damages and liabilities including attorneys fees which (1) relate to injury or to destruction of
property, or bodily injury, illness.. sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased'nerein 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 liabe. Customer shall. at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon: is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorneys fees incurred in such defense and /or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense.
4, Rental Charges and Terms. Equipmeni with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift, If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals, Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon„ whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the tollowing dreumstances 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 (Biodiesei, 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 shalt 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 (565.00) per hour will be charged for cleanup,
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without
Runyon's written: permission. Any purported assignment by Customer is void.
13.Time of Return. Customer's rght to possession terminates on the expiration of the rental period "Due ln" date time) and retention of possession: after this time constitutes a material breach of this Agreement. Time is of the essence in this
Aoreernent, Any extension must be mutually agreed upon in writing.
14. Late Return. i life to equipment is and shall at all times remain with Runyon. Failure to return the equipment by the "Due n" 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 aftorney's fees, court costs and
interest of one and one half (1 ?z) 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 waived' does not include damage or loss of the property as a result of the negligence
of Customer or in the rase 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 wit; be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a
charge of sixty-five dollars ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment, Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22, Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits, Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and /or miles are actually used,
25, Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities. damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including. but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion. concealment or unauthorized sale of 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.
G 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
tr to accommodate you after quoting the price. Or. pick up where no prier arrangements have been made and rental items are not knocked down and assembled in one sheltered area. tables and chairs will be left until the next day when a spedal
crew can be scheduled. There wifl 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 riam 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,
ncluding, ithout limitation.. contract, tort, breach of duty, and all other common law and statutory claims, and will riot be subject to any exceptions. Each parry (A) understands that this is a waiver of important legal rights and (B) acknowledges that
harshe. "t has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
28.Tickets, Fines and Penalties. You acres to fully and promptly pay all fines, penalties, parking tickets, traf is tickets, tolls, court costs, attorneys• fees and other charges assessed during the Term in connection with the use, parking, storage, arid
or possession of the Equipment regardless of the identity of the driver of any vehicle You rent from Us.
29. Trailers and Towing, The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition' while in their possession. Customer agrees not to low
any trailer rented trom LESSOR /DEALER (a) in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of medication, alcohol, or illicit drugs.
30. Headings. The headings used herein are solely for convenient reference and shall riot be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
Ali sales are also governed by the parties' Equipment Purchase Agreement, If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent then the teens from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL. INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for at 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`6 restocking fee will be charged to your account, plus all applicable rbound 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. It's the customer's responsibility to report any damageslshortages within 48 hours
of receiving the product. Runyon will riot 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
er rr :rig 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 at for returns on used or damaged products. Any
'night related damage must be noted or. the signed Bill of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrams that: (a Seller has all necessary right, power and authority to enter into and perform the transactions referenced herein; to) Seller has good and marketable title to the
Equipment: and (cj on the Transfer Date, Seiler will convey the same to Buyer (save only for the purchase money lion, if any, to be retained by Seller should Seiler, at its sole option, elect to finance all or any portion: of the Purchase Price). Buyer
represents and ::arraras 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.
In consideration of the payment of additional rent classified as 'damage waiver' by the Rentee, Renter agrees to, and hereby does waive Its right, or any right it might
have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to recldess, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to fires, tubes and wheels caused by blowout, bruises; cuts, punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not r4present 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
GAF.M61- o FISHERS o INDIANaOLI5 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 3330 The parties agree that in the event the Rentee violates arty 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 haH (112) 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 onl 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 disdaims 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. runyonrenfaL 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 Dci y§ u 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 STREET DEPARTMENT 503 SAFE VEST
3400 WEST 131ST STREET Con# 223620
CARMEL IN 46074
Loc 100
SSN PHONE T DATE TIME.
W (317) 733 -2001 OUT 04/02/12 9:55 AM WH
F (317) 733 -2005
ID #3 PO /JOB:# RECEIVED BY
SAFE VEST OTTINGER, MARK A 04/02/12 9:57 AM WH
*FINAL Page: 1
QTY ITEM# r EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY WEEK ,,4 WEEK'
1 V150M SAFETY VEST ZIP MED V150 1`4.99 14.99 14.99
f
v
i i p
`.3
ME EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 14 99
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLYUNDERSTAND 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. 1 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 1 1 ;C ?'dr Addl TAX 0 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT 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 14 99
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR, LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT CitSIftIT TiBR CELL AMT BILLED 14.99
LEASED BY X PRINT NAM PHONE 02- APR -12 09: 57 09
EQUIPMENT 1 1 i s I' f s 'i a
RETURNED BY X �J: ti�,r :1!. 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, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon EauiDment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Custorer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc thereinafter "Runyon") of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO 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'ndemnlfy and defend Runyon against and hold Runyon harmless from any and all claims, actions suits, proceedings, costs, expenses: damages and liabilities including attorneys fees which (1) relate to injury or to destruction of
property, or bodily injury, iiiness, 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, pr -?ary 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 shat; be liable and responsible for all costs, expenses
and attorneys fees incurred in such defense andior settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party Runyon may elect to defend said action on its own behalf and Customer agrees
that It shall be Iiabie for all costs, expenses and attorneys fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment; with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. It 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.
S. 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 and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner: (b) Use when the equipment is in bad repair or is unsafe: (c)
improper, unintended use or misuse: (d) Use by anyone other than Customer or its employees, without Runyon's written permission, 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 (B±odiesel, 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
or 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 Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINSTHE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Eiwpn?ent is to be returned to Runyon as clean as :when it left. A charge of sixty -five dollars ($65.00) per hour will be charged for cleanup,
12, Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Cisimmer may not sublease or loan the equipment w!t'ro it
Runyon's written permission. Any purported assignment by Customer is void.
13.Time of Return. Customer's rant to possession terminates en the expiration of the renal period "Due in" date time) and retention of possession after this time constitutes a rnateral breach of this Agreement. Time is of the essence in this
Agreement. Any extension mist 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 o' conversion (theft}.
15.Time of Payment. Accounts are due and payable at the elimination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of one and one half (1 percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that f 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 lime.
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. Ir: 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
onto/ croperty normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 59; of rental charge. This "damage waiver'' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft, or other gross negligence of Customer, This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises. cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra.
19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a
charge of sixty -five dollars ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the Invalidit unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines. required by or resulting from the 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 changes are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days andior miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customers property or goods in storage or in transit, or for any propert 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, concealraent or unauthorized sale of the equipment by Gusto+ner 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 knockdown of tables and chairs.
if this service is required arrangements should be made several days prior to delivery with a special charge quoted. It no arrangements are made and this service is desired on delivery, our diver must call for authorization. If time permits, we will
V 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 :eft until the next day when a special
creva can be scheduiad. There nili be an additional one day rental. A knock down fee will result if rental ileots arc still up.
27. Waiver of Jury Trial, Each party waves 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.
;eluding. wilhcir 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 (6) acknowledges that
he /sheit 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 ;ury 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: wlifh the use, parking, storage, andi
or possession of the Equipment regardless of the identity of the driver of any vehicle You rent from Us.
29, Trailers and Towing. The custone. is responsible for inspecting and maintaining the trailer coupling mechanism, safety chairs, all tie downs, pins and lights it a safe and secure condil':on awhile !n their possession. Customer agrees not to to,v
an ru e ded +.nom SSOR, DEAL ER'a) in a careless or negligent manner (b; at excessive speed or c) P under the irrwence o medication, alcohol, or illiCit guys.
30, Headings. The headings used herein are solely for convenient reference and shall not be used to construe p? affect the interpretation of this.Aareement.
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 RRESPONSIBLE 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?H "ORIES OF THE LNW OF CONTRACTS ORTORT
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 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
aceived 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`shortages within 48 hours
of receiving the product Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization, Upon issuing a Merchandise Return Authorization (MRA), Runyon will Instruct custorers as tg the best means of
retumi :g nurchardise. 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
Feighi ralated damage milst be noted on the. signed B;ii of Lading AT THE TIME OF DELIVERY. The purchase price at time of sale is final,
REPRESENTAT "IONS AND WARRANTIES: S rcf cnts ano varrants'hal: (a) Seder has all necessary right, power and authority enter into and perform the transactions referenced herein (b) Se er has good and marketab title to the
Equipfnenfi and let on me Transfer Date, Set e will convey the carne 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). Eu,sr
represents and warrants that fil Buyer has all necessary nght., power and authority to enter into and perform the transactors referenced herein, (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same p 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 andior ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as "damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
A_ have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the rase of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, ads, punctures or
6QUIPMEN7 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, I 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 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 overten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resufting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www.runyonrental.com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 REFLECTING POND
3400 WEST 131ST STREET Con# 223630
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 04/02/12 10:38 AM SAF
F (317) 733 -2005
ID #3, PO /JOB Z RECEIVED BY
REFLECTING POND TABAK, TRAVIS MITCHELL 04/02/12 10:40 AM SAF
*FINAL Page: 1
QTY` ITEM# EXT AMT NET AMT
MIN HOURLY, OVNITE 8 -HOUR DAY. .r
r WEEK 4 WEEK:.
1 072874629700 BOOTS 5 BUCKLE SIZE 14 BOSS 43_99 43.99 43.99
ME EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT
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. SAFES 43 99
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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X d ACidl TAX 0 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 43 99
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT d A CELL AMT BILLED 43.99
LEASED BY X PRINT NAMF PHONE
02- APR -12 10:40:26
EQUIPMENT 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, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
mal unctions unless Runvon Eauinment 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 THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS.
3, Indemnification. Customer agrees to assume the risks of and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and /or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold.' Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorneys fees which (1) relate to injury or to destruction of
property or bodily injury; illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct ;including
active, passive, 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, cast 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 far all costs. expenses
and atiorner's fees incurred in such defense and %or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party Runyon may elect to defend said action on its own behalf and Customer agrees
!hat it shall be liable for all costs, expenses and attorney s fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time 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 ary Equipment and /or other items with respect to wfiich 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; (dt Use by anyone other ,tan 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 lull of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising cut of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. It is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REI IAINS THE CUSTOMERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (565.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may rot sublease or loan the equipment i% hout
Runyon's critter 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 in" date time) and retention of possession after this tiree constitutes a material broach of this Agreement. Time is of the essence in this
agreement. Arc/ 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 reiurn the equipment by ilia "Due In" date will subject Customer to a charge of conversion (that(;.
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 1, percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that it legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any failure by either party to enforce any provision of this .Agreement shall not constitute a waiver of such provision or prejudice the right of either party 10 enforce such provision thereafter.
11 Damage Waiver. In consideration of the payment of additional rent classified as "damage waiver" try Customer, Runyon agrees t0, 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 "darnage waiver" does riot 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 othersi at a
charge of sixty-five dollars ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and /or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits, Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation at the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon de ^rand. 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 tenting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities. damages, injuries, claims. costs and expenses arising out of Customers use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance. any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer.. or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction,
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs.
if this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization, it time permits, we will
*try to accommodate you after quoting 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 sched.iled. There will be an additional one day rental. A knock down tee will result if rental items are still up.
27. Waiver of Jury Trial. Each warty 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 a l disputes that may relate to the subject matter 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 (Bi acknowledges that
ne /she,'( 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 changes 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 castor: per is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains. all tie downs, pins and lights fr: a safe and secure condition while in their possession. Customer agrees not to tow
any irate, rented from LESSOR,'DEALER (a in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of nnedicat on, alcohol- or illicit drugs.
30. Headings. The headings used herein are solely for conve,tiem reference and shall not be used to construe or affect ilia interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by ilia parties' Eauipmert Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping.This policy also applies to warranty returns. As
stated in the Runyon "Return Policy" when customers return an item or items for credit, a 254- restocking fee will be charged to your account, plus all applicable inbound and outbound 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. It's the customer's responsibility to report any damages /shortages within 48 hours
of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as 10 the best means of
eturcrg merchandise. Runyon's MRA's are valid for 30 days after issuance, MRAs are not valid after the 30 day time lirnit expires. Runyon will absolutely not, under any circumstances, issue an MRA for returns or used or damaged products. Any
treigrq related damage must be noted on the signed Sill of Lading .AT THE TIME OF DELIVERY. The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and wanarls that: fa) Seller has all necessary right, power and authority to enter Into and peritc the transactions referenced herein; ibi Salter has good and marketable title to the
Equp rent. and (cj 0r, 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 Seen, at its sole option, elec to finance all or any portion of the Purchase Price). Buyer
represents and warraras that: O Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein; (it) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based op 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.
In consideration of the payment of additional rent ciassltied as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
A have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
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
EQUIPME 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 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
LAWCL o FISIIE7-5 o INDIP N"0LI5 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 5 05 35 0300 The parties agree that in the event the Rentee violates arty of the terns and conditions of this agreement, the Renter may collect damages together with reasonable attomey
fees, court costs and interest of one and one hag (1 12) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
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
ww 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 o Saturday 7:00 am 4:30 pm o Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET.
CARMEL STREET DEPARTMENT 503 SHOP
3400 WEST 131ST STREET Con# 223681
CARMEL IN 46074
Loc 100
SSN PHONE DATE. TIME
W (317) 733 -2001 OUT 04/02/12 2:23 PM SAF
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY
SHOP MOFFITT, SAMUEL 04/02/12 2:24 PM SAF
*FINAL Page: 1
QTY ITEM# EXT AMT' NET AMT
MIN, HOURLY OVNITE 8 -HOUR DAY, WEEK_; A WEEK
1 AL -B300 HOSE CAMLOCK 3" PART B 1 °,4' 14.95 14.95
ter`
ME EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SUBJECTTQ A CHARGE OF CONVERSION (THEM. 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 14 95
1 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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SAFES TAX 0 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. 1 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 14 95
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 14.9 5
EQUIPMENT k( j? CELL
LEASED BY X p -HINT '�I>""ilL I��� PHONE
02- APR -12 14:24:32
EQUIPMENT
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, FUEL AND ELECTRIC CURRENT will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
mat 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 tha 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 prier to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon') of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and /or arising out of Runyon's negligence.
Customer shall ndemnifv and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings costs, expenses, damages and liabilities including attorney's tees 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 oihich 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
than I 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 or) usage during this eight (8) hour shit. If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time In 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5, Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe: (c)
improper, unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. A€ equipment is full of fuel Armen 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
iable for all damages and repairs that result from alternative fuel. Runyon checks the oil lave': in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9. Tires. Customer is totally responsible for all lire repair. It is Customers option to check over the fires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT Al RUNYOfv S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILfiY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left, A charge of sixty -five dollars ($65.00) oer hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein.. Customer may nor sublease or loan the equipment wuhout
Runyon's writter permission. Any purported assignment by Customer is void.
13. Time of Return. Customers right to possession terminates on the expiration of the rental period "Due In" date 8 time) and retention of possession: after this time constitutes a ,rat y =rial breach of ti ms 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 ary of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of one and one halt (1 1 percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such prevision thereafter.
18. Damage Waiver. In consideration of the payment of additional rent classified as `damage waiver" by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the
rental property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5`6 of rental charge. This "damage waiver" does not include damage or loss of 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
aced 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 Runyons 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 ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. It Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and /or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits.Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges, Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days andlor miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Cvorer 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 doom time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from aid against any and all losses, liabilities. damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion. concealment or unauthorized sale of the equipment by Customer, or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction,
26. Delivery /Pick Up. Delivery is rnade 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
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 sped@'
crew can he 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 Is 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 10 the subject matter hereof.
including. .ir ilalion. contract, tort, breach ct duly, and all other common law and statutory claims, and will not be subject to any exceptions. Each party A) understands that this is a waiver of important legal rights and (B) acknowledges that
ha!sheia has had a reasonable opportuniy to discuss this waiver and its effects with legal counsel. According 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 diver 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 lie downs, pins and lights in a safe and secure condition ,while in their possession. Customer agrees not to tow
any limier tented from LESSOR/DEALER (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 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 LA`dd OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is :table 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`o restocking fee will be charged 10 your account, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
411 cancellations of whole goods are subject to a 25% lot 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. Ary shipment
received in conditions other than brand new will be charged 50`6 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 damagesrshorrages 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
return r g 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
`refight related damage must be rioted on the signed Bill of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Sell €r represents anc; :warrants that: ia) Seiler has all necessary right, power and authority to enter into and perform the transactions referenced herein; (b) Seller has good and marketable title to the
Equipment: and (c) on 1he'ranster Dale, Seller will convey the sane to Buyei (save only for the purchase money lien, if ary, 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 ties 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.
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
I V�v 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 warier shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
£QUtPMEN7 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, I N 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, it 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"Cl o F151i£R5 G 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 '117 5 66 0030 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
ices, court costs and interest of one and one hag (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 resufting directly or indirectly from the leased equipment. The Renter expressly disdaims all warranties, either expressed or implied, including any implied
Don't t be a tool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnity Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 D ®}y§ cl 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 STREET DEPARTMENT 503 REFLECTING POOL
3400 WEST 131ST STREET Con# 223763
CARMEL IN 46074
Loc 100
SSN PHONE .;r. DATE TIME
W (317) 733 -2001 OUT 04/03/12 10:33 AM SAF
F (317) 733 2005
ID #3 PO /JOB;# RECEIVED BY
REFLECTING POOL RON WILLIAMS 04/03/12 10:35 AM SAF
*FINAL Page: 1
QTY ITEM# EXT AMT NET ,AMT
MIN HOURLY' OVNITE B -HOUR DAY WEEK 4 WEEK
-1 AL -B300 HOSE CAMLOCK 3" PART B -1'4 -14.95 -14.95
1 669 HYDRANT ADAPTOR 2 1/2 "X2" ='�26:a95 26.95 26.95
1 00045 CAST REDUCER 3 -2 ,3300 33.00 33.00
5
V 4
IFTHE EQUIPMENT IS NOT RETURNED BY °DUE IM' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). NT 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 45 00
I 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 0
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 �1`3 J 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 o 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 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 45 00
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT X ��IT CELL AMT BILLED 45.00
LEASED BY PHONE 03 10 3 5 16
RETURN D X �-li?I 1 RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OT TIME D. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, DUEL AND ELECTRIC CURRENT. will apply. X INiTIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges 11hat tt 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 tg assume the risks of. and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment. caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs. expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
properly or bodily injury, Illness. sickness, disease or death of amr 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
which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon. and Customer shat: be liable and responsible for all costs, expenses
and atornev's foes incurred in such defense and /or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party Runyon may elect to defend said action on its own behalf and Customer agrees
'hat !,'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 a €:owed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight i8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5, Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future ('except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6, Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe; (c)
Improper, unintended use Or misuse: id) 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, etcJ in Runyon equipment is prohibited. Customs, is
liable for all damages and repairs that result from a €ternative 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 tres-pnss 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. Eauupn ent is to or returned to Runyon as clean as when it left. A charge of sixty -five dollars ($65.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by aii obligations here!,. Castorner may not sublease or loan the equipment witnoal
Runyon's writter permission. Any purported assignment by Customer is void.
13.Time of Return. Cuslorner's tight to possession terminates on the expiration of the rental period "Due In' date time) and retention of possession at this time constitutes a ira':err brea& of tr is Agreement Tome iS 0 4 he essence in this
Agreement Arw exiensron most be mutually agreed upon in writing.
14. Late Return. Title to equtpmient 1s and shah at ail times remain: with Runyon. Failure to return the equipment by the "Due In date wiff subject Customer to a charge of conversion "thefl)-
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorneys tees, court costs and
interest of one and one half (1 Y2) 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 mat 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 :hereafter.
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 591, 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 capa ;;y. or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra.
19. Damaged. Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession:. Equipment lost, stolen or damaged
beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the 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, Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the 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 reirnburse:ment 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 it the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities. damages.. injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery/Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved.Our service does not include set up and knockdown 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 tot authorization. If time permits, we will
try to accommodate you after quoting the price. Or 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 !eft until the nexi day when a special
crew can be scheduled. There .will be art additional one day rental. A knock dorm tee will result if rental Gems are still up.
27,Waiver of Jury Trial. Each party waives its right to a ury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof, T his waiver pertains to all dssputes that may relate to the subject matter hereof.
including. without imaetron, 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
heishe -n has had a reasonable opporunity to discuss this waiver and ifs 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 chairs, all tie downs, pins and :fights in a safe and secure condition while in their possession. Customer agrees not to toss;
any 'ra ter ranted from LESSOR R :',a; in a careless or negligent manner. (b) a excessive speed or (c) white under the influence of medication, alcohol, or !Ilicit drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the imerpretaiion 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 WARRANT, IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, 'INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customers 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'Aeturn Policy." when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
received in conditions other than brand new will be charged 50% restocking fee of the total amount. All returns roust be properly boxed before they are returned. It's the customer's responsibility to report any damages/shortages within 48 hours
of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as to the best means of
returning n erchandise. Runvon's MRA's are valid for 30 days after issuance. MRAs are not valid after the 30 day time limit expires. Runyon will absolutely not, under anv 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 sale is final.
REPRESENTATIONS AND WARRANTIES: Seiler represents and warrants that: (a) Seller has all necessary right.. power and authority to enter into and perform the transactions referenced herein: (b) Seller has good and marketable title to the
Equipruenl, and tc) on the?rar.stor Date, Seiler wedl convey the same to Buyer (save only for the purchase money lien, if any to be retained by Sel!er should Seller- at its sole option, elect to finance all or any portion: of the Pu,c tease Price). Buyer
represents and warrants that: (i) Buyer has all necessary hotel 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 trite is 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 al training required under applicable OSHA and/or ANSI Standards, if any) regarding the proper and safe transportation, use maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R U N�O N have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
AA 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 appty 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
GAWF,L FISHERS a INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
31 7 5 6 6 8 888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one haH (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 be a cool 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 a Saturday 7:00 am 4:30 pm a Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION. TICKET
CARMEL STREET DEPARTMENT 503 REFLECTING POND
3400 WEST 131ST STREET Con# 223913
CARMEL IN 46074
Loo 100
SSN PRONE ry.. .R DATE TIME
W (317) 733 -2001 OUT 04/04/12 12:21 PM SAF
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY a
REFLECTING POND TIM 04/04/12 12:24 PM SAF
*FINAL Page: 1
QTY ITEM EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK
2 102 PROPANE 40 POUND REFILL 27.90 55.80 55.80
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 0 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 55 80
1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT ANQJ
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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SICiNATURE Addl TAX 0 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO 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 55 80
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT ffi CELL AMT BILLED 55 .80
f[pBt�3'�
LEASED BY X PRIN I �MV PHONE
04- APR -12 12:25:59
EQUIPMENT
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE
YOU ARE RESPONSIBLE FOR R TIME OUT EL AND ELECT CURRENT. Equipment is clean and full of fuel please return as such or additional charges
NO ADJUSTMENTS OR CREDITS will be made on equipment Will apply I NITIAL
Da
malfunctions unless Runvon Eawnment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges net 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 t^, inspect the equipment prior to Use and notify Hunyon Equipment Rental Inc (hereinafter 'Runyon") of any detects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS,
3. Indemnification. Customer agrees to assume the risks of. and hold Runyon harmless for, property damage and personal injuries, including death and dismembern?ent. caused by the equipment and /or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses: damages and liabilities including attorney's tees 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
a -five, passive, prinnary or secondary) of Customer its agent, or employees, or anyone for whose acts any of there 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 parry for which Runyon is alleged to be Gable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorneys fees incurred in such defense andor 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 shah be liable for all costs, expenses and attorneys fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If 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 hints 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 declined to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (,except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6, Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner; (b) Use when the equipment is in bad repair or is unsafe; (c)
improper, unintended use or misuse; (d) Use by aryone other than Customer or its employees, without Runyon's written permission; (el Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All ec uipmenl Is full of file: when rented to Customer and must be returned to Runyon full or additional charges will apply. Also use of alterative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel, Ruryon 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 a2, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the remove' of the goods.
9.Tires. Customer is totally responsible for all lire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in 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 REt:4AINS THE CUSTOMERS
RESPONSIBILITY
11. Cleaning Charges. E,IUipn-:er.t is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars ($65.00) per hour will pe charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein Custgrner may nor sublease or Loan the equipmert without
f?unycn's w.ilter. perroissbri..Any purported assignment by Customer is void.
13.Time of Return. Customers right to possession terminates en the expiratfen of tine rental period "Due In' date S time) and retention of possession ester ih s *frre constitutes a rater ill b ,ach of th s Ac reeme It I is n .he essence n this
e ;ert Any exters,on must be mutually agreed upon in writing.
14, late Return. Titfe to equip -lent is and shad at all times remain: with Runyon. Failure to return the equipment by file "Due in` date will subject Customer to a charge of conversion (theft).
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement. Runyon may collect damages together with reasonable attorney's fees court costs and
interest of one and one half (1 Yz) percent per month added to accounts over ten (10) days old, reflecting at. arint.a. percentage rate of eighteen (18) percent. Customer agrees that this agreement is 10 be construed under the laws of the State of
Indiana and that it legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action:, unless otherwise agreed by Runyon and Customer at a later lime.
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 fo enforce such provision thereafter.
18, Damage Waiver. In consideration of the payment of additional rent classified as `damage waivef 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 carnage 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. Its 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 prce plus the cost of rental up td 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, uner:forceabilihy or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible 'or loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and ?or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
23, Fees. Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the 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 reirnbursement 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 eq uipment. 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
ary 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 orally purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipitnent to Me public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made TO closest point truck can park. Extra charges will result in deliveries to upstairs: elevator use or any point where extra time is involved. Our service does not include set up and knockdown of tables and chairs.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. It no arrangements are made and this service is desired on delivery, our driver must call for authorization. It time permits, we will
to accommodate you after quoting the price. On pick up where no prior arrangernenis 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 specie:
crew can be sched� -lied- There ,vili be an additional one day rental. A knock do tee will result if rental items are still up.
27.Waiver of Jury Trial. Each party v.aives its nght to a jury trial of am claim or cause of action based on or arising out of this agreement or the subject platter hereof. This waiver pertains to at disputes that may relate to the subject matter hereof.
mcluoin, a d oc,' :in it hor., contract, !;ri.. breactit of Only. and all o:hcr comr•on law and statutory claims, and will no' be subject to any exceptions. Each party (A) understands that this is a waver of important legal nnhts and (B) acknovidedges that
n 's nf,t has had a reasonable opportunity to discuss tiffs waver 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, perking, storage, and'
or possession of the "cgyipme regardless of the identity of file driver of any vehicle You rent from Us.
29. Trailers and Towing. The custoil e- is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights it a safe and secure condilion while their possession. Customer agrees not to tosv
any ended 'rem LESSOR DEALER (a) an a careless or neG gent manner. (b; a, excessive speed or f c) :v^ :e under the influence of med ication, alcohol Cr illicit orags
30. Headings. Yie 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, Than the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY ;S THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE I IQUED
VJ.ARRANTIES 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 HEORES OF THE AW Or CONT AC T S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping.This policy also applies to warranty returns. As
slated it the Runyon "Return Policy" when customers return an item or items for credit. a 25`6 restocking fee will be charged TO your account, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
Ali cancellations of whole goods arc 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. Anv shipment
received in conditions other than brand ne:v 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'shortages within 48 hours
of recenrino the product. Runyon will root accept claims 48 :lours 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
eturtirg merchandise. Rurrron's MR.A's are valid for 30 days after issuance. MRAs are not valid after the 30 day lime limit expires. Runyon will absolutely not, under any circumstances, issue ail MRA for returns on used or damaged products. Any
freight related damage mast be noted on file signed Big of Lading AT THE TIME OF DELIVERY: The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES. S_!'a rcr se is :n: -Fa tars it a;. (a Seiler has all necessary right, power and authority b cr:e, into and perform the transactions referenced herein. (b) Seiler has good and marketable tine to the
Lqu pme and l ei on !he ,a t Data, 56 e-r ti i i corns tune same to Byer (save only'or t` e purchase money „en, if a °V to be retained by Seller should Se.,er, at its sole optior., elect to finance all or any portion of the Purchase Pricel. Buyer
apresants and warrants that: O L uyer :•Las all necessary right Power and authority to enter into and perform the transactions referenced herein; (it) Buyer has selected and carefully ir:spected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria estabiished solely by Buyer and not based oh any recommendation by Seiler, and (iii) Buyer has received, carefully reviewed and is satisfied with, all available training, instructions, operating and
ser manuals, and other information (including al! training required under applicable OSHA andrr ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance: repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver" by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
property rented a sum equal to 5% of rental charge. This "damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage warier shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding is rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an Insurance premium, and that this provision does not represent an insurance
410 W, Carmel Drive 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
CAW61. o FISHERS o INDIM"01-15 shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
3' 7 5 66 330 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 It 0) days old, reflecting an annual percentage rate of eighteen (18) percent.
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, inciuding 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 Do y§ Qi 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 STREET DEPARTMENT 503 REFELXING POND
3400 WEST 131ST STREET Con# 223732
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 04/03/12 8:52 AM WH
F (317) 733 -2005
ID #3': PO /JOB. RECEIVED BY
REFELXING POND STAPLETON, NATHAN A R TURNED 04/05/12 12:27 PM JP
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE._ 8 -HOUR DAY. WEEK 4 WEEK
1 5645 -0002 FORKLIFT 54' 10,000 POUNDS 450.00 -21.40 471.40
$450.00/D 450.00 450.00 14,50;.00; \,330 0.00
Actual In Date: 04/03/12 9:30 AM
Meter In: 1308.80 Me er, Out 1307.80 Surcharge: 21.40
1 8105 -0001 SCRUBBER RIDE ON', 592.00 592.00
1 8105 -0002 SCRUBBER RIDE 014'- 592.00 592.00
1 8105 -0003 SCRUBBER RIDE ON 592.00 592.00
1 8113 -0001 SWEEPER LAY- MOR'SELF PROP W/B 150.00 150.00
2 5605 -0000 LIFTING STRAP 24.00 24.00
$12.00 /D 12' .-00 12.00 48.00 144.00
Actual In Date: 04/03/12 10:16 AM
1 7066 -0004 PUMP TRASH 4 61 1 GPM 150.00 150.00
2 5605 -0000 LIFTING STRAP 24.00 24.00
$12.00 /D 12.00 12.00 48.00 144.00
Actual Out Date: 04/05/12 10:11 AM
1 5645 -0004 FORKLIFT 54' 10,000 POUND 450.00 450.00
$450.00/D 450.00 450.00 1450.00 3300.00
Actual Out Date: 04/05/12 10:12 AM
1 045734986107 PIPE WRENCH 24 MINTCRAFT 26.99 26.99 26.99
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT).
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. Ci1'
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
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
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT CELL
}p fi
LEASED BY X PRI NT PHONE
05- APR -12 12:34:40
RETU NED X RENTAL FEES DO NOT APPLY TO PURCHASES,
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, VUEL AND ELECTRIC CURRENT. will apply. X INI i AL
NO ADJUSTMENTS OR CREDITS will be made on equipment
mal unctions unless Runvon Eauiament Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges :hat 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 thereinafter "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 lc assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment. caused by the equipment andor arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from anv and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
property, or bodily injury, illness.. sickness, disease or death of any person (including employees of Customer), and (2) are caused by or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive, primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
In which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runvon, and Cusior ter shall be liable and responsible for all casts, expenses
and attorneys fees incurred in such defense and/or settlement. judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs, expenses and attorneys fees incurred by Runyon In such defense.
4. Rental Charges and Terms. Equipment with hour ,meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer .will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours= a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon:., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe; (c)
Improper, unintended use or misuse (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. Ali equipment is +full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also use of alternative fuels (Biodiesel, E85. etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when if is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. upon a !allure to pay rent or other breach of this contract. Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9. Tires. Customer is totally responsible for all lire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Ruryon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINSTHE CUSTOMERS
SPO'NSIBILI'T'.
11. Cleaning Charges. Equ:pmer:.i is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars ($65.00) per hour will be, charged for cleanup.
12, Assignments. Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations nereu:. Customer :-day no; sublease or loan the equipment vnthout
Runyon's written permission_ Any purported assignment by Customer is void.
13. Time of Return. Customer's rght to possession terminates on the expiration of the rental period f "Due In" Cate 5 fime) and retention of possession after this lime constitutes a mate al breach of this Agreement. Time is of the essence in this
Agreement Any extension must be mutually agreed upon in writing.
14. Late Return. Tile to equ.prnem Is and steal: at all times remain with Runyon. Failure to return the equipment by the "Due In` date will subject Customer to a charge of Conversion ithpfi).
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 attornev's fees, court costs and
interest of one and one half (1 tz) 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. Anv 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 fo 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, orally right it might have against Customer, arising from normal damage of the
rental property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5`.•6 of rental charge. This "damage waiver' does not include damage or loss of 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 capacitv 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
reorescnt 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, of Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a
charge of sixty -five dollars ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect me remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and 'hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon,
23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges, Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and /or miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities, damages, injuries, claims. costs and expenses arising out of Customer's use or possession of the equipment, including. bill not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity. and, to the extent not covered by insurance. any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs.
If his 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 diver must call for authorzation. if time permits. we will
try to accommodate you after quofing the price. On pick up where no prier arrangements have been made and rental items are not knocked down and assembled in one sheltered area. tables and chairs will be left until the next day when a species
crew; can tie 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 waver pertains to all disputes that may relate to the subject matter hereof,
including, w ihout :Imitation. contract. tort, breach of dully, and all other common law and statutory claims, and will not be subject m any exceptions. Each party (A) understands ihat this is a .waiver of important legal rights and (B) acknowledges that
I. 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 ether charges assessed during the Term in connection with the use, parking, storage, and
or possession of the Equipment. regardless of the identity of the driver of any vehicle You rent from Us.
29. Trailers and Towing. The customer s 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 net to toy:
any ca le: :noted from LESSOR/DEALER (a) in a carless or nog igont manner, (b) a; excessive speed or (c while under the influence of medi ,ation, alcohol, or illicit drugs.
30, Headings. The head I gs used therein are sole .v for Convert ent 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' Equipmer:.t Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION. THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL. INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping.This policy also applies to warranty returns. As
stated in the Runyon "Return Policy° when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
received in conditions other than brand new will be charged 50% 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`shorages 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
eturning merchandise. Runyon's MRA's are valid for 30 days after issuance, MBAs are not valid after the 30 daytime limit expires. Runyon will absolutely not, under any circumstances, issue an MRA for turns on used or damaged products. Any
freight related damage must be noted or. the signed Bill of Lading ATTHE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Soler represents and warrar:is ilia.: (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
Equipmcnii and on the`ransier Date, Seller wdl convey tine same to Buyer (save only for the purchase money :ion, 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; fill 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 iinduding 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 t might
R U N�O N have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
Property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding Its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
�6QUIYMENT t'�NTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, 9 a total loss, will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
GAKMEL FIS1 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 It 12) percent per momh added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and It is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't t be a tool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 REFELXING POND
3400 WEST 131ST STREET Con# 223732
CARMEL IN 46074
Loc 100
SSN PHONE "DATE TIME
W (317) 733 -2001 OUT 04/03/12 8:52 AM WH
F (317) 733 -2005
ID #'3 PO /JOB RECETVED.'BY
REFELXING POND STAPLETON, NATHAN A RETURNED 04/05/12 12:27 PM JP
*FINAL Page: 2
QTY ITEM#
EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK
1.50 5 DIESEL 6.50 9.75 9.75
4.30 5 DIESEL z 6.50 27.95 27.95
5 7 PROPANE BULK 3.50 17.50 17.50
1 102 PROPANE 40 POUND REFILL 27.90 27.90 27.90
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 3045 4 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 110. 09
1 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 15 2 2 7
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X S!(; hJ� Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT 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 3307 7 6
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT rr r1 het }t7 CELL AMT BILLED 3307.76
LEASED BY X t I'r_ l PHONE
05- APR -12 12:34:40
EQUIPMENT RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL_
NO ADJUSTMENTS OR CREDITS will be made on equipment We cha a 5% Damage Waiver on all equipment rentals.
malfunctions unless Runvon Fouinment Rental has been notified. 9 9
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect file 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 Runyonl of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment. caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses damages and liabilities including attorney's fees which (1) relate tO injury or to destruction of
property. or bodily injury, illness sickness, disease or death of any person ;including employees of Customer), and (2)) are caused by or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including
active, passive, primary or secondary) of Customer its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
wh'oh Runyan is a named party far which Runyor: 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
!hat It shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters Is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in dine day, Customer will be charged for extra hours on equipment, One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 day charge. 24 hours running time in 24 hours a 3 day charge.
5. Future Rentals. Customer acknowledges that the terms of this ,Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and /or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use Of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe; (c)
Improper, unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (a) Use at any location other than the address furnished Runyon without Runyon's written permission:.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also. use of alternative fuels (&odiese!, 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. Customers totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyan Of any irregularities spatted.
10. Insurance. Runyon's insurance does not cover equipment while in Customers possession, Customer is responsible for insuring 'lie equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
Payment as been received EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OT HER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIB(L!TY
11. Cleaning Charges. Equipnneni is to be returned to Runyon as clean as :when it left A charge of sixty -five dollars (565.00) per hour will be charged far cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign: its rights under this Agreement without Customers consent, bill will rarria bound by all obligations herein. Cusiorer may net sublease or 'oar, 'he equipment ad!thput
Punsen's written per• ussion Any purported assignment by Customer is void.
13.Time of Return. f to .:en's (ght to possess on terminates on the expiration of the rental perioc "Due n .rate time) and retention of possession after this u^ constitutes a ma'eral hirear n of iris Agreement. Time is at :he essence ir this
Ag eemment Any extension most be mutually agreed upon in willing.
14. Late Return. Titie to equipment Is and shall at all times remair. with Runyon. Failure to return the equipment by the "Due In' date will subject Customer to a charge of conversion (theta).
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 Y 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 ana 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 ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is riot responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon.
21 Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits taxes or fines, required by a 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 Ot 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
ir: 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 teary and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent rot 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 far 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 knockdown of tables and chairs.
If this service is required. arrangements should be made several days prior to delivery with a special charge quoted. It no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will
try to arcommodate you after quoting the price. Or. pick up where no prior arrangerTi have been made and rental items are not knocked down and assembled in one sheltered area, tables and chairs will be let' until the next day when a special
crew: can he scheduled. There will be an additional one day rental. A. knock dam fee w t result if rental items are still Up.
27, Waiver of Jury Trial. Each party waives 's right to a jury trial of any clam or cause of act on based on or arising out of this agreement or the subject matter hereof. This waiver pertains to ail disputes that may :elate TO the subject matter hereof.
rcluding. w0 ow tiOn. c ^,ntraot, tort, breach of cu i and all other common law and statutory claims, and will not be subject to any exceptions. Each par, (A) understands that this is a waiver of r: :portant fecal rights and (B) acknowledges mat
eishe6l has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingiv, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.
28.Tickets, Fines and Penalties. You agree to fully and promptly pay 2 I 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 Equipmem, regardless of the identity of the driver of any vehicle You rent from Us.
29. Trailers and Towing, The CI65t0lnner iS responsible for inspecting and maintaining the trailer coupling rnechanism, safety chairs, all tie downs, pins and lights it a safe and secure condition while in their possession. Customer agrees riot to tow
an •�a .e..ented hom LES5l3R tai; n a care pss or nec.igent ^panne (C' are excessive speed or I win re under till= influence of medication, alcohol, or il'cit d rugs
30. Headings. he herd. )g:, :s d ere n are sr for con tit r.nt reference and shall ;tot be, used to consirue or affect the n arpretafion of this agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties EQUipr"ent Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent than 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, !NCLUDiNG, WITHOUT LIMITATION. THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OP 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 H TORIES OF THE LAIN OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
stated in the Runyon "Return Policy" whin customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25 (of total invoiced order) cancellation fee on in stock items from Runyon locations ONL.. Return shipping of the product is riot refundable. Ail parts purchases are non refundable. Any shipment
received in conditions other than brand ne,v 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,'shortages within 48 hours
of recervmg the. ;;redid. Runyon will not accept Bairns 48 :hours after delive Runyon will riot accept returns without authorization,. Upon issuing a Merchandise Return Authorization (MRA), H onyon will instruct customers as tg the best means Of
:etur rg merchandise Rur,yons M.RA's are valid lot 30 days after issuance. MRAs are not valid after the 30 day lime limit expires. Runyon will absolutely not, under any circumstances, Issue an MRA for returns on used or damaged products. Any
-gtnt re-la damagF most be rater o„ tine, signed B :I of Ladino, AT THE TAME OF DELIVERY. The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Sei,c r,f. ,e, is ano livarrar's iha' (a) 'SMier has al necessary right, poner and authority to enter into and perform the transactions refererced heron; !bi Seger has good and marKe'ahle lit.'e to the
quip to i end ci on me eTi Date, SO P it c.nve n_ same *.o Buyer (save only for. the purchase money ion, it any. to be retained by Seller should Se .ere at its sole action. elect to finarce all or any portion: of the Puxhase Price). Buyer
apresen's and wanaris that h) Buyer has all necessary right, power and authority to enter into and perform the transactions referenced her (ii) Buyer has selected and carefully inspected and examined the Equipment and found ihe same o be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based or: any recommendation by Seller: and ;)iii Buyer has received, carefully reviewed and is satisfied with, all available training, instrucliohs, 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
have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
property rented a sum equal to 5% of rental charge. This "damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
E QUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, 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
GARMEL 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.
31 7 5 66 8 888 The parties agree that in the event the Rentee violates any of the terms and condditons of this agreement, the Renter may collect damages together With reasonable attorney
ices, court costs and interest of one and one hat (112) 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 foot Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www.runyonrental incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB 'LOCP.TION TICKET
CARMEL STREET DEPARTMENT 503 PATCH TRUCK
3400 WEST 131ST STREET Con# 223975
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 04/05/12 9:24 AM SAF
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY
PATCH TRUCK MARTZ, FREDERICK KENT 04/05/12 9:24 AM SAF
*FINAL Page: 1
QTY ITEM# EXT AMT NET AM
MIN HOURLY OVNITE 8 -HOUR DAY. WEEK 4 WEEK
1 072874129057 GLOVE LEATHER PALM XL 1290) 4` 4.59 4.59
1 072874129040 GLOVE LEATHER PALM LG 1290E 4.59 4.59 4.59
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN' DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 00
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 9 18
1 HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 0
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 0 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X Add1 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 DEPOSIT 0.00
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 9 18
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT AMT BILLED 9.18
i- sar<'J¢l,l"� rilrl- PHONE 05- APR -12 09:
LEASED BY X 24 47
E
R BY X RENTAL FEES DO NOT APPLY TO PURCHASES,
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, FUEL AND ELECTRIC CURRENT. will apply. X INITIAL
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 "hat Customer understands its proper use. Customer further acknowledges its
duty tg inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter Runyon of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment caused by the equipment anchor arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorneys fees which (1) relate to injury or 10 destruction of
proper:", or bodily injury, illness. sickness, disease or death of any person (including employees of Customer), arid (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
n :rrhlch 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 atlorney 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 ?able 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 ramming time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and /or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe; (o)
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 rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9. Tires. Customer is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has beeri 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
iESPOfJSIBILITY.
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 clearvap.
12. Assignments. Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will reman bound by al obligations herein. Customer may not sublease or Iris-, the equipment whl
%nyor's written permission Any purported assignment by Customer is void.
13. Time of Return. Customer's rght to possession terminates on the expiration of the rental period "Due In date time) and retention of possessioc after this time constitutes a materaf b-eac'r of t, :s Apreemeril Time is c :he essence in this
agreement Any extension must be mutually agreed upon in writing.
14. Late Return. T the to equipment is and shat at all times remain with Runyon. Failure to return the equipment by the "Due In" date will subject Customer to a charge of conversion (theft).
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of The terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of one and one half (1 1z) percent per month added to accounts over ten (T0) days old, reflecting an annual percentage rate of eighteen 8) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise- agreed by Runyon and Customer at a later time.
17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18. Damage Waiver, In consideration of the payment of additional rent classified as "damage waiver" by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the
rental property. normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
ated capacity. or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra.
19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a
charge of sixty -five dollars ($65.00) per hour plus parts.
20. 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 Runyor's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and /or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22, Property Damage, Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits. Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and /or miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities. damages, injuries, claims. costs and expenses arising out of Customers use or possession of the equipment, including. but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion. concealment or unauthorized 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 knockdown of tables and chairs.
If This service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. It time permits, we will
try to accommoda e you after quoting the price. On pick up where no prior arrangements have been made and rental items are no 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 vain be an additional one day rental. A knock down fee will result if rental items are still up.
27. Waiver of JuryTrial. Each part, diva ve-s Is nchT to a pry 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 a disputes that may relate to the sub act matter hereof,
inducing wlh:out 4mitaic contr •lit. tort. brew n. of :uiv and all other common law and statutory claims, and will riot be subject to any exceptions. Each party (A) understands That this is a waiver of important legal rights and (B) acknowledges that
heishe'it has had a reasonable opportunity to discuss this wahaer and its effects `rich legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury Trial rights.
28.Tickets, Fines and Penalties,You aafee to fully and promptly pay all fines penalties, parking tickets, traffic tickets, tolls, court costs, a torneys' fees and other charges assessed during the Term in connection with The use, parking, storage, and;
or possession of the Equipment regardless of the identity of the driver of any vehicle You rent from Us.
29. Trailers and Towing. The customers responsible for inspecting and maintaining the trailer coupling mechanism, safety chains all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees not to torn
any ira_iei rer ted from LESSORrDEALER (a) in a careless or negligent manner, (b; at excessive speed or (c) while under the influence of medication. alcohol, or illicit drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interprotation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terns from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES. INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL. INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAN OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for ail shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping.This policy also applies to warranty returns. As
stated in the Runyon "Return Policy." when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight. This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
received in conditions other than brand new will be charged 50% 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:fshortages 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
eturmng merchandise. Runyon's MRA s are valid for 30 days after issuance, MRAS are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, issue art MRA for returns on used or damaged products. Any
freig relaard darnage rat ust be noted on the signed Bir of Lading A' THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seder repesents and warrants that: (a) Seller has all necessary right, power and authority to enter into and perform. the transactions referenced h=erein; (b) Seller has good and marketable title to the
Equipment: anti to) on the Transfer Date, Sole- will convey the same to Buyer (save only for the purchase moray 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 tf (i) Bayer has all necessary right, power and authority to enter into and perform the transactions referenced herein; (it) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based or, criteria established solely by Buyer and not based on any recommendation by Seller; and (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 andfor ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right It might
R U NYO N have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
A-r property rented a sum equal to 5% of rental charge. This "damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to recldess, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, If a total loss, will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
GARM61- FISHERS INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to arry person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
317 5 6 6 888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half (1 12) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent.
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
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 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 JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 SHOP
3400 WEST 131ST STREET Con# 224008
CARMEL IN 46074
Loc 100
SSN `PHONE DATE TIME
W (317) 733 -2001 OUT 04/05/12 11:34 AM JP
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY
SHOP JEFF STEWART R TURNED 04/05/12 4:10 PM JP
*FINAL Page: 1
QTY ITEM# EXT AMT. NET AMT
MIN HOURLY ''OVNITE 8 -HOUR DAY WEEK 4 WEEK
1 2780 -0001 DRILL 3/4" MAGNETIC 411,,x, 50.00 50.00
$50 00 /D 50.00 50.00 200 -00-` X600 00
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IM' DATE YOU WILL BE SUBJECT70 A CHARGE OF CONVERSION (THEFT} RENT 5 O 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 0 00
I 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 2 5 0
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SI( ,j;F Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT 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 52 50
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT 595 AN HOUR. NE AMT BILLED 52.50
EQUIPMENT PRINT NAME PHO
LEASED BY X 05- APR -12 16:10:52
E QUI PMEN T BY X r sn RENTAL FEES DO NOT APPLY TO PURCHASES.
WE C HARGE FOR TIME OUT N T TI E U 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 INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment equipment rentals. i P
We cha a 5% Damage Waiver on all a u,
malfunctions unless Runyon Equipment Rental has been notified. 9 9 4
TERMS AND CONDITIONS
1. Inspection. Customer acknonledges that has had an opportunity to personally inspect the equipment amid 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 prier to use and notify Runyon Equipment Rental Inc (hereinafter "Runvon of any defects.
2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS. EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and /or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims. actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
property, or bodily iniury. 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
n 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 training Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs, expenses and attorneys fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. It Customer runs the equipment for over 8
hours it 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 n the following circurstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner; (b) Use when the equipment is in bad repair or is unsafe; (c)
Improper, unintended use or misuse: (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission.
7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel, Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customers totally responsible for all tire repair. 11 is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spatted.
10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's properly and until it has been returned to Runyor'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 R -MAINS THE CUSTOMERS
RESPONSIBILITY:
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty-five dollars (565.001 per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its right$ under this Agreement :rthout Customers consent, but will remain bound by all obligations herein. Customer may rot sublease or 'can the,equipment wri our
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 `lime constitutes a matoi rill breach of T,rl.s Aa:eemcrit uMe is of the essence in trs
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 t,gether with. reasonable attorney's fees court costs and
interest of one and one halt If percent per month added to accounts over ten (i 0i 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 waive' by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the
rental property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 6% of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage, theft or other gross negligence of Customer, This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure. No damage waiver license. sales or use taxes are included in Runyon's rental rates. They are extra.
19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a
charge of sixty -five dollars ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. It Runyon's employees assist in loading or unloading the equipment. Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or tines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and /or miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any properly 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 be insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury. death or property damage arising Out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. 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 chars will be, left until the next day when a special
crew can be scheduled. There will be an add; Tonal 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 aJ disputes that may relate to the sitheet matter hereof.
including, without :imitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of rrportant iega rights and (B) acknowledges that
he /shcht has had a reasonable opportunity to discuss this waiver and its effects w th legal counsel. Accordingly each parry knowingly, voluntarily, irrevocably and unconditionally waives its ury trial rights,
28.Tickets. Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets. traf is tickets, tolls, court costs, attorneys' fees and other charges assessed during the Term in connection with the, use, parking, storage, and,"
or possession of fie 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 possesson. Customer agrees not to tov:
any tra er rented front LESSOR.DE.ALER (a) in a careless of egi.gertf manner. (b) a' excessive spee or (c) white 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 lrterpreiation pt ibis 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 LAIN OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As
siated 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`6 (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
received in conditions other thar 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/shortages within 48 hours
of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as to the best means of
returning merchandise. Runyon's MRA's are valid for 30 days after issuance, MBAs are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, issue an MRA for returns on used or damaged products. Any
freg'u related darnage must be noted or the signed Bi Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that (a) Seller has all necessary right, power and authority to enter into and perform the transactions referenced herein; ib) Seller has good and marketable title to the
Ecrulpment and (c) on the Transfer Date, Seller will convey Inc; same f0 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: ill Buyer has all necessary right, power and authority to enter into and perform the transactions referenced heroin: (ii) Buyer has selected and carefully inspected and examined the Equipr?nent 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.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
R ��O have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
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
EQUIVME.NT �NTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, if a total loss, will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
CARMEL FISHERS INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
317 5 66 8 88 8 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one hag If 1R) percent per month added to accounts overten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
,FAX: 317 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting 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 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm a Sunday 9:00 am 3:00 pm
RENTED TO. r U: JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 STOCK
3400 WEST 131ST STREET Con# 224042
CARMEL IN 46074
Loc 100
PHONE
.DATE T
W (317) 733 -2001 OUT 04/05/12 2:16 PM SAF
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY
STOCK HOBBS, JAMES A 04/05/12 2:20 PM SAF
*FINAL Page: 1
ITEM r,
EXT AMT NET AMT
:MIN.. HOURLY OYNITE 8 -HOUR. ,7 DAY ..WEEK 4. WEEK
20 081834160009 TAPE CAUTION 3" X 1000 Y 99 199.80 29.97 169.83
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT
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 169 83
1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTAND THOSE lNSTRUCT03 1 ALSO UNDERSTAND THAT I AM THE PERSON RENTINGTHIS PROPERTY, AND OTHER 0
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X IG,NA7i. RE Addl TAX 0.0
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 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 169 83
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT S85 AN HOUR.
EQUIPMENT ov a t P A CELL AMT BILLED 169.83
LEASED BY X 05- APR -12 14:20:24
RETU NED X e RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES, FUEL AND ELECTRIC CURRENT. Will apply. X !Wl likl
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection, Customer ii-know1poces that it ?as had an opportunity to personally inspect the equipment and finds it suitable 'lot its needs and :n good condition, arid that Customer understands 's proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and noiity Ruryon Equipment Rental Inc (hereinafter °Ruryon' j 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 af, and mold Runycn 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 attorneys fees which 0i fatale to injury Or ig destruction Of
property. or bodily injury. Illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused bv. or claimed tic 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 er amply ees, 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
n 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 snail be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense andror seftiement, 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, ikable for all costs, expenses and attorreys fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Ecuiprnent with hour meters is allowed eight ;8i hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift, h 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= a3-day choice.
5. Future Rentals. Customer acknowledges that the terms of this Acreement will be deemed to apply to air Equipment Customer may resit or purchase from Rurvon., whether or the date of this Agreement or at any time in the future (except only
as to any Equipment andlor other items with to °which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment n the fol oving crcurnslances is prohibited and constitutes a breach d' 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 flat 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
alb a for all damages and repairs that unlit from alternative fuel Runyon checks the oil level in the equipment when fs =anted to Customer. Maintenance of proper oil love.. in the equipment is safely the resppnsbi': y Of Customer.
6. Repossession. Upon a (allure to pay rent or other breach of this contract, Dearer may terminate this contract and take possession of and remove the goods from avthcrever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal cf the goods.
9. Tires. Customer is toally responsible for all fire repair, a is Customer's oPtior 1 0 cheek over the tares be'ore the equipment leaves and notify Runyon cf any irregularities spotted.
10. insurance. Runs rs insurance does not cover equipmeni while in Customers possessor Customer is responsible for insuring the equipment once it leaves .unyon's property and tint: it has been returned Runyon's property and
payment nos been received, EQUIPMENT MAY ONLY BE Rw Ur' <NED D °I:" G NCRt.7AL BUSINESS HOURS: ANY EQUIPMENT uF 7 A` RUPJYO`J S OCA I. N Ct H=R t :HAt� NORNIAL BUSINESS HOURS RP.r`.A: NS H-- S i`GM RS
RESPONSIBiLi.
11. Cleaning Charges E.d :pment is to be returned to Runyon as c,aan as when it left. A charge or sixty-five dollars S65,00) her hour Ml be charg, c to! leaiup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Cust. ncola consent, t, bat voll re -aii.n hound by all oblige o a onin- Cu-_' ::mar may T.oi subleas. or pan ;h
Run;;cn's written permission. Any p'urponed assigrnion:t by Customer is void.
11Time of Return C :ens J rt ,o possession terminates cr, the excirat -on of the r tal act ("Due In date time) and re :en :icn of possess;crr alter this rime costt i, a :laic; of b:eacri of cr eem ?t .:.e is c :e _were in rhis
,4arerrent. Ana extension must be mutually agreed upon in writirg-
14, Late Return. Titre to quipm- t i, and lanai' al z! nines renal vx th Rury r Fa :.'uos to return the cc paned by ihe "Due ;n care will stiLjecf Customer to a c ham e c, cowers +on (thofh
1S.Time of Payment. Account, are due and payable at 'he termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates ary of the terms and conditions of this agreement, Runyon may collect damages'.orether with reasonable attorney's fee court costs and
merest of one and one half (1 z) percent per month added to accounts over ten (1M days aid, reflecting an annual percentage rate of eighteen t18 percent. Customer agrees that this agreement is be corstrued under the laws of the State of
Indiana and that if legal action S brought to enforce this agreernent, that am €ltan County, rndiana, shall be the jurisdiction and legal venue for said action, unless Otherwise agreed by Runyon arid Customer at a later time.
17. Wa €ver. Any failure by either party to enforce any provision of this Agreement sha11 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 addiionai rani classified as "damage waive( by Customer, Runyon agrees to, and hereby does. waive its r ight, or any right it might have against Customer, arising front 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 neghger :.ce
of Customer or in the case of abusive damage: theft or other gross negligence pt 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
aced capacity or damage to tires, tubes and wheels caused by bigvrput, bruises, cuts, punctures Or other causes inherent in the use of the equipment. it's 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, whsle the goods are out of Runyon's possession. Equipment lost stolen or damaged
beyond repair will be pad for at its current list price plus the cost of rental up to the time of reporting the loss or that; 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 sxtv-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 responslble'Or loading and unloading equipment. If Ruoyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon andlor its
employees harmless for arty property damage or personal injuries, including damage aid personal i juries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any dan?age whatsoever as a result of on -ihe -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines, Customer shall be ssorely 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 shelf pay are charges required under this Agreement upon demand. Customer agrees that mileage and tine charges are minimum charges omly and That no refund or reimbursement is due Customer in the event that fewer
days anti',, ^,r miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of ti.e equipment. Customer is responsible for damages to Cusipmar's property or goods in storage or in transit, or for any property left or stored in the equipment, or oSewhere
In the renting location. Customer agrees nor 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 Pinyon. its agents and employees
.harmless from and against any and all losses, iiabilitles, damages, injuries. claims, costs and expenses arising out of Customers use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity and: to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale or 'tie equipment by Customer, or its agents or employees.
or for the confiscation of the equipment by ary 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 iniu•y, death or properly damage arising cut of Customer's use the equipnneni 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, Deivery is made to closest point truck can park. Exile, 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 servir;e is required, arrangements should be made several ,days prior to delivery with a special charge quoted. if no arrangements are made and this service is desired on delivery, cur driver must call for authorization. It time permits, we will
Try to accornmoca:e you after quoting the price. Or pick up where no pngr arrangemer have beer: made aria rep °al :gems are no' knocked Coln and arse •bled in cue she ,ered area. e: and chairs tvil be let, intil anti the nexi dal „hen a special
crew• ca.? bar s „f.edu! ;d T "ere will be or edelriona one day rental. A knock down tee will result it rental tan 's are sill up
27.Waiver of JuryThal, Each natty waives its right to a uP that of any a.m. or cause of action based r or an .y cut of t is agnerinent o the sub ec metier N, reof. 7t.! :va P ins :h_pul s at map rei y? iL. Sdip; pcl malfe Jr so
rcludi rr i' �sut ..r peso,: Contract sit preach O cuts and ail other co ._c few .d stalu'try claims arc ,vii no: be subj any except inns. Ea p,-.:; (Ai understands �:,A this is a c., r .r tint n r r_r�s d (B, kr�tyiedgas'na'
nelshe. t hits' ad a reasorab e opporlc.:ity to discuss this wah er arc its et`ects tv;h legal counsel. Accorg ng:y ;h party Krow ugly volun ar ty: irrevocably and unc:onditionall, ,valves its ury t a. r cj t
28.Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, peaaaes parking rickets t tickets tolls, court costs atainz. s' fees and ^'her ,.rg s as es_ed au, inc<thc Term in c r cto :r w h .e use, parRrnq storage arc
or possession of to p. eat. rogard.ess of he identity of the ;river of any vehicle You rent from Us.
29. Trailers and Towing he :.ustom ,r s res a. r la for ins, .ling and maintaining tho trailer coupling rnecha°nsrn safety n"a ns all t'e downs pies and ghts r a safe and socure co atrorl While :n their pocsess orn. Customer agrees not ,c tovr
ny trc c a, d .ri, LESSOR: D rte(: R (al in a ca ecsstr nen`:gent merrier. t :x"essive speed orfct ?;E Under lr o irfil' or mildicaijorl. al" li o hi i:; g
30. Headings, 7ne ht�aidrqs used .,rein. a'? sol3iy f�r .,c erer6 and st na not be used ,r coi rnr, o. affect fre of tint., A.g�eernant
ADDITIONALTERMS AND CONDITIONS FOR SALES
A€€ sales are a governed py the pa .i.,s' E; e i Purchase Agrszmen; If the Equipment Purchase and the Terms and Condi':ons prevsoisiy enumerated are mconsistent.. their the terms from the EeuTpMeri Purchase Agreement p•evnil.
AS -IS NO WARRANTY: THE V'JARRANTY iS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE 70 THE EOi AND ALL OTHER EXPRESS OR IMPLIED VJA.RRANTIES, INCLUDING, WITHOUT LIf?ITATION, THE IMPLIED
VVARR.ANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL rNC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL iNCIDEN iAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTC1 REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UN' Fi "N :DRIES OF THE 1.AVY' OF CON T RAC -S OR
RETURN POLICY FOR PURCHASED ITEMS: The customer is I'abia for all shipping costs when returning or exchanging an item to Runyan, unless the product hag been damaged during shipping. This canny also applies ip warranty returns, As
stated in the Runyo glum Poli ,y” when customers return an item or items for credit a 251, restocking fee will be charged to you account, plus all applicable inbound and outbound freight. This policy also applies to shipments refused ed and returned.
All caegallaf cos Of whole good are subject fa a :of t,,,al rung c did order` cane Talon fee on in stock items from Runycn locations ONLY. Return shipping of the product is not refundable Ali par's purchases are non refundable. Any shipment
received in eoridit o o ",her thar brand new ill be cnargcd 50% restocking tee of the total amount. All returns musi be properly boxed before they are returned. Its me customers responsoi to report any dan agesshor'ages within 48 hours
of recemi g the produ :unyon lair rot accept. claims 48 }ours after deliver y. Rums n will lot accept returns without authorization. Upon issuing a Merchandise Return Aultionzation (MRAI. Runyon will instruct customers as'c the bas. means of
return n i r-,rchard se rayon's MRA; are valial .or 30 da after issuance, MBAs are not valid after the 30 dry _e limb: expires. Runyon will absoiu;ely no', under any circumstances issue an NIRA `or returns on used or damaged products Any
r, ;k 1p
;o damarie mJs: be noied on ,lie siorea Sig' mi LzaFig..4 T =TIME OF L)EL1 The purchase pr c.. it r..ms of sane is fine
REPRESENTATIONS AND WARRANTIES: p es i 3 ?T ,,art !flat- al Sel er has all necessar ;glit, power and author;. :i enter into and perform lfll ttansactro referenced (b) Solis, has goon and man kc atie title to t :e Ec-Opmecr a? ;he rTs c. _a,�, 5el ,.Ti ..y i� s 3 ve ;.are iy ,Or The aura "ass r cy lien, if env d to oe relain )y Seller should Sei•e.. at i, seie Option, elect :c finan;e all �r a portion of the Purc_ Price) 'Buyer
a
r epresents and ivarosmstinat, ill Buyer has all necessar, nigh .;,e and aitinonli; to nter iml) and perform. tie t a?sao:o n fe arced herein: (if) Buyer has selected and carefully inspected anc examined the Eouifenfe.nt and fo-ina he same
acceptable to Buyer in a'I respects based oil criteria es:aG shed solely by Buyer and not based on any recommendation by Seller; and ,oq Buyer has •ecelved, carefully reviewed and is satisfied with, all available training. In structions, operating arc
user manuals, arc other information (including air ;raining required under applicable OSHA and/or ANSI Standards, if arty) regarding the proper and safe transportation, use, :maintenance, rep air and storage of the Equipment.
In consideration of the payment of additional rent classified as "damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
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
�QUIVMENT {zENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, If a total loss, will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
0 RIWCY -S INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment
to Renter in substantially good condition as when received, natural wear and tear excepted.
31 7 5 6 6 -888 8 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one 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 direct) from the leased a lied, including ied
"Don't be a tool Rent one" g g y or indirectly equipment. The Renter expressly q p p y disclaims all warranties, either expressed or implied, g an y implied
warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www, runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB -LOCATION TICKET
CARMEL STREET DEPARTMENT 503 WESTFIELD BLVD
3400 WEST 131ST STREET Con# 224423
CARMEL IN 46074
Loc 100
ASSN" PHONE -DATE -TIME
w (317) 733 -2001 OUT 04/09/12 9:08 AM JRR
F (317) 733 -2005
ID #3' PO /JOB RECEI�7ED`B5C
WESTFIELD BLVD ZELLER, STEPHEN W R TURNED 04/10/12 3:37 PM SAF
*FINAL Page: 1
QTY ITEM EXT, AMT NET, :AMT
MIN ,..HOURLY OVNITE_ 8 -HO
UR DAY
WEEK 4., =WEEK-
1 4100 -0000 EXCAVATOR BUCKET 35N C 24" 0.00 0.00
1 8786 -0007 EXCAVATOR 35N 10 DIG 27 HP 500.00 500.00
r
$200.00/4 250.00 250.00 725.00 X1980.00
Z°
12 043281001915 PAINT MARKING WHITE 2010Z'SEY 3.,75 45.00 45.00
Rental Note(s) CUSTOMER'/ISRESPONSIBLE °FOR TRACKS. IF. THEY COME
g p
OFF MACHINE jipp
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 500 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 45 00
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 0 0
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 2 5 0
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X _i; =t, 4 11 1 Addl TAX 0.00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 570 0
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT f I e3y �12 CELL AMT BILLED 570.00
LEASED BY X 10- APR -12 15:54:58
EQUIPMENT 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, RIJEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Eauinment 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 file equipment and finds if suitable for needs and it 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 "Hunyon`j 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 irdemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including aft srrey's fees which ,')relate to injury or to destruction of
properiv, or bodily injury, illness, sickness, disease or death of any person, tiocluding employees of Customer), and (2j are caused by, or claimed lobe caused, in whole or in part, by the equipment !eased herein or by the liability or conduct find
active, passive prfmr:ary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at is own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
n which Runyon is a named natty 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
hat ii shat be !:able 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 to 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 hoary a 3 -day charge.
S. Future Rentals. Customer acknowleciges 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 ;his Agreement or at any time in the future except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment In. the following clournstances 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 Phan Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnis'ne:.f Runyon without Runyon's written: permission.
7. Fuel and Oil Levels. All equ0notif is full of fuei when rented to Customer and :must be returned to Runyon full or additions charges will apply. Also, use of alternative fuels (Biodlesel. E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs thatnfsull from alternative fuel_ Runyon checks the o" level in the equipment when it is rented to Custo 'a Maintenance of proper oil love in the equip ant is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may temminate 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. Cus ^mar is totally responsible for all fire repair. it is Customer's action to check ever the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon 's':nsurande does not cover eruiprneni while in Customer's possession. Customer is responsible for insuring the equipment once it !ea'v' Runyon's property and until It has been returned tp Runyons property and
payment has been rece.vad EGUIPNI, NT MAY ONLY BE R_ U':RNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT i.EF i AT HUNYON'S LOCAL ION 0, HER T. AN NORMAL BUSINESS HOURS RENA NS H' �aTON9ERS
RESPONSIBILITY.
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge df sixty -five dollars i 65.0M per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may easier its rights uncle this Agreement wahod Customer's consent, but will r<n afn bound by all obligaf ons'ncrein, t luslomer nar no or Jan ih_ u.N .n..vifhout
Runyon's viainen permission. Any purported assignment by Oustomer is void.
13, Time of Return Cu storner's right to possession termrna,els on the ex„ira5on of tree renal period ("Due in date time) and retenlion of possession after this fine constittines a m ader i al breach of tirs Ag`earc zn T to is c es pace 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. Fay „re to return the equipment by the "Due 'in "data will subject Customer to a charge of conversion (freff).
15.71me of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that ir: the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages togetior ivith reasonable attor:iays fees, court costs and
interest of one and one halt If i percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this aereernent is U be construed under the'aws of the State of
Indiana and that f legal action is brought to enforce this agreernent, 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. An failure by either party to enforce any provision of fills Agreement shad net constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18. Damage Waiver. Inc ansidefation of the payment of additional rent ciassified as "damage waiver" by Customer, Runyon acrees 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 fires, tubes and wheels caused by blowout bruises, cuts, punctures or other causes inherent in the use of the equipment. If is understood the amount paid is not an insurance premium, and that this provision does not
epresel 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 across 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 off rental up to the time of reporting the less or theft to Runyon. The cost of repays will be borne by Customer, whether performed by Runyon, or, at Ruill option, by ethers, at a
charge of sixty-five dollars ($65.00) per hour plus parts.
20. Severabifity. The provisions of this Agreement shall bo severable so that the invalidly, unenforcoabifty 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 andier its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Tazes and Fines. Customer shall be solely r esponsible 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 a charges required under till; 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 ieif or stored in the equipment, or olsewhore
in the renting location. Customer agrees not to hold Runyon liable for damages from dorm time, materials or other consequential damages resulting from the use of tie equipment. Customer releases and holds Runyon, its agents and employees
ham ?less from and against any and all losses, ;;abilities, 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 o insurance, any claims or liabilities tc 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 fie 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
esult 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 teaser, or any purpose. During
the term of this Agreement, Customer assunkes full responsibility for the eaulibrin ant to the; ublic 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 drive, must call for authorization. if time permits, we will
`y to accnrurn:;da :e,.;u after quoting th price On pick up where no pilaf an have beer made and rectal 'ems are net knocked dovr and a.s... ^bled In one shelihned area, tables Hid chair voll be eft :,rntl the next day when a speczl
cr :v can be schadUled. T ..re will be an add :icnal one day rental A knock tor.^ fee ails result it rental tests are still ..c.
27, Waiver of Jury Trial. Each party waives its right to a jury Ina; of any or cause of action based or or ans.:g out of this agreemat If o the subleot matter he.e f.lh:s vva Pvp r e `ar 'is fil. itf p utes .he. may rc z. the subject matte" here,
slur's Fc;ut', nninat'or., contract. ..,r breach o` duty, and all other common law and statr,+or,+ claims, and will not be s_cject'.; ally exceptions Eac.'n party (A) anderstands, Intel this is a mr of 6 ear: leyu: i ghts and (Bi acknowledges that
he /sheen has had a lepsnwi.- opportunity td discuss this waiver and its effects yy`th local counsel Accordingly, each pasty knowingly, voluntarily irrevocably and unconditionally waives Iq Jury ,r e; rights.
28,Tickets. Fines and Penalties. You agree tc fu and promptly pay all fines, penalties, parking tickets It
af`ic tickets tells, court posts aft,:rneys fees and other charges assessed acting the .arm in connection yftn .oe use, parking storage and;
or possession of the Equip ^err.. regardless of the identity of the or of any vehicle You rent from Us.
29. Trailers and Towing.7he cust,r ors responsible for fesgacfsng and mainiainipg the trailc coupling mechanism, safety cha ns, all tie do is pies and :gilts i c sae and secure condi' o n writ, in '.heir possess on. Cu ,toner agrees nit n tov:
any Ir-1p rerlIed tiro I HSS0H1Dl At' =R {a) in a sea cress marine (h) at x,css ✓e speed or ;dj'Whi e urdert .e influence of r edlcadr fl, alcohol. o nlic s d .gs.
30. Headings. The h ngs used rereir. aye son iy for corriven,ent reference and she: n;a be used to censure or affect the merprefation of :his ,Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Temps and Conditions previously enumerated are inodnsisfent, than the terms from the Equipment Purcitase,4greement prevai':.
AS -IS NO WARRANTY: THE lr`dARRANTY !S THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED IARRANTIES.. INCLUDING, WITHOUT LIMITATION, T HE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPfv ":.ENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATE;? COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL INCIDENTAL OR CONSE.OUEN iIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOfv1ER, REGARDLESS OF'rVHW fHER SUCH DAMAGES ARISE
UNDER?HI :_ORIES OFTHE LAW OF CONTRACTS OP 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. Thus policy also applies to warranty re °urns. As
stated in tiro 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 fre'ght.This policy also, applies to shipments refused and returned.
All car,ccllafions of whole goods are subject to a 25 (of total Invoiced order' cance'lafion fee on in stock items from Runyon: locations ONLY. Return shipping of the product s not refundable. Ail parts purchases are non refundable. Any shipment
ace veil 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 responsibitty to report any darnages shortages within 48 hours
of receivttng Lha product. Runyon vill riot 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
urn ..0 merrhand ce R;.nyon's MRA's are valid'or 30 da'vs after issuance MRAs are tot valid after the 30 daytime limit expires. Runyon will absolutely not under any circumstances, issue an MRA for reture on used or damaged products_ Any
:chit retaTed damage iii bil pled or =ne sitinpa b-:: of i_iiding AF 'HETI10E OF DELIVER`! The purchase price at tMe of sale is ;trial.
REPRESENTATIONS AND WARRANTIES: u isple, Is a n farr .ts :hat. to) Seiler has all eece ,sary right, power and author( t- enter mo and perform the tansactlors refere herein.; (o) Seller has good and marvetailbe Lire to the
c utp art ono tcj ur. ille T ails Er Date Sourer �<rJl co .oy'' sat" e'., Buy ;sT,'o y for tt e purchase Money rice, if any, to be retained by Seller should Sere t its so e option, elect ,o finance all or ally fiction of ithe Purchase ?rice= Buyer
represents and warn nets tat (t) Buyer has all necessary nigh`. „ewer and authority to enter in o and pe"fann the transactions referenced herein: (ii) Buyer has se.ec,ad and carefully i nspected and examined the Equipment and 'round the same to be
acceptable fo 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 ail training required under applicable OSHA andior ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as "damage waiver by the Rentee, Renter agrees to, and hereby does wane its right, or any right It might
o have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
A ®A Property rented a sum equal to 5% of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
I'i QU1VM�N•f 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, I 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
CARREL 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
j to Renter in substantially good condition as when received, natural wear and tear excepted.
31 7 5 66 888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half (11/2) percent per month added to accounts overten (10) days old, reflecting an annual percentage rate of eighteen (18) percent.
,FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting direct) or indirect from the leased a expressly equipment, The Renter ex disclaims all warranties, either expressed or implied, including lied
"Don't be a tool Rent one" g g bi N q p p y p p' g an y implied
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
w,
ww 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 a 'JOB.TOCATION TICKET
CARMEL STREET DEPARTMENT 503 PATCH TRUCK
3400 WEST 131ST STREET Con# 224840
CARMEL IN 46074
Loc 100
n., „'SSN• PHONE DATE TIME
W (317) 733 -2001 OUT 04/12/12 8:56 AM JP
F (317) 733 -2005
ID #3 PO /JOB RECEIVED BY
PATCH TRUCK BROWNING, TIM 04/12/12 8:58 AM JP
*FINAL Page: 1
QTY LTEM EXT AMT 1 NET�p�AMT
MIN HOURLY OVNITE 8 HOUR r DAY WEEK 9 WEEK;-
1 103 PROPANE 60 POUND REFILL &38.90 38.90 38.90
m
r
a
Tve I:a
i
IFT11E EQUIPMENT IS NOT RETURNED BY `DUE IM' DATE YOU WILL BE SUBJECTTD A CHARGE OF CONVERSION (THEFT} NT 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 38 90
1 HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTA NDTHOSEINSTRUCTIONS, 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 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X Add) TAX 0 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS.
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 38 90
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT CELL AMT BILLED 38.90
LEASED BY X SME PHONR
12— APR -12 08:58:49
EQUIPMENT'°"3”}
RETURNED BY XI c RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, DUEL AND ELECTRIC CURRENT. will apply. X I P IAL
NO ADJUSTMENTS OR CREDITS will be made on equipment equipment rentals. i p
We cha a 5% Damage Waiver on all a ul
malfunctions unless Runvon Eau►Dment Rental has been notified. 9 9 9
TERMS AND CONDITIONS L
1. inspection, Customer acknowledges fhai it has had an slob unity t0 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 nc fy Runyon Equipment Rental he hereinafter "Rurvor` 1 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 f0 assume the risks -of, and hold Runyon harmless for, property damage and personal injuries. including death and dismemberment, caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions. suits, proceedings, costs, expenses, damages and liabilities including aftorr:.eys fees which (1) relate to injury or to destruction of
property, or bodily injury, illness. sickness, disease or death of any person uncludino employees of Cus';cmer), and (2) are caused by, or claimed to be caused, in whole or in pat, by the equiprr:ent leased herein or by the liability or conduct (including
aPti+aa, passive, primary or secondary) of Customer, its agents or employees, or anyore for whose acts any of therm may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
*which Runyon is a named party for which Huryen is allayed to be liable or responsible as a resin` of or arising out of We equipment, or any alleged act or emission by Runyon, and Customer shat be liable and responsible for all casts, excesses
and attorney's fees inc fired 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 bebop and Customer agrees
that :'shat' be fish e for all costs, expenses and atornay'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 18) hour shift. If Customer runs the equipment for over 8
hours in one day. Customer wilt 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 hour 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 frorn Runyon., whether cn the date of 'his Agreement or at any time in the future (except only
ae to any Equipment andfor other items with respect ig which Custor-^er executes a new Agreement).
6. Prohibited Uses. Use of the equipment n the following dreumsianges is prohibited and constitutes a breach of this Agreement: fa) 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, w rithcut Runvon'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 rented to Customer and must be returned le Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is proho led. Customer is
cable for all damages ar:.d 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 cor:.tract and take possession of and remove the goods from wherever 'hey are, and Dealer and his agents shall not be :,able for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires, Customer is totally responsible for all tire repair. it is Customers option f0 check over the Liras before the equipment leaves and ratify, Runyon of any iregu!aifies spatted.
10. Insurance. Runyon's insurance does not cover equipment while is Customer's possession. Customer is responsible for Insuring the equipment once it leaves Runyon's propefly and unfit it has been returned to Runyorl property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCAT IOPJ OTHER THAN NORMAL BUSINESS HOURS REMAINS THE f,USTO'L4ERS
R'ESPOPJSIBILITY
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left- A charge of sixty -five dollars (565.00) per hour will be charged for c eanup-
12. Assignments, Subleases and Loans of Equipment. Runyon may assicc its lights ungo this Agreement ,.=thaL.t Custcme, s coos, r}t, but will r air bound by obliga: is herein. Cistf mer rnna ro subicase or can the _v p lion: l ;,itr:out
RunyOr:.'s wroteh permission. Any purported assionmer:t by Customer is void.
13 -Time of Return, Cuslo: tees fight t0 r ossession terminates: on the expiration of the rectal Period r Due n" Care til and re,enfion of possession after this time cossLr,t.e_ a material bma: h r_.f Aureem nt into is e _s _ice in Ins
Agreement. Any extension mug be mutually agreed upon in: writing.
14. Late Return. Title to equipment is and shall at all times remain with Runyon:. Faiiure to return the equipment by the "Due in" date will subject Customer to r charge of conversion (theft;.
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of one and one half !1 'hi percent per month added to accounts over ten (10) days old, reflecting an arnuai percentage rate of eighteen f18) percent. Customer agrees !'];it 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 CLUtomer at a later',irne.
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 `dari 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. Th s'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 reckiess, careless or abusive operation or use of the equipment use or operation of the equip Mom exceeding its
ated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not
epresent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyor's rental rates. They are extra.
19. Damaged, Dirty, or Lost Equipment. Customer agrees fo pay for any damage to or Joss 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 ire loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, air, at Runyon's option, by others, at a
charge of sixty -five dales (S65.00) per hour plus parts.
20. Severabihty. The provisions of this Agreement shall be severable so that the invalldily. unenforceability or waiver of any of the provisions shall not affect the remainino provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and un'oading equipment. if Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of arid hold Runyon and /or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines, Customer shall be so eiy responsible for payment of any fees, licenses permits, taxes or fines, required by or rasuNng from the Customers use or operation of the equipment.
24. Charges. Customer shall pay all charges required under :his Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and inat no refund or reimbursement is due Customer in the event fnat fewer
days and /or miles are actually used.
25, Other Liability. Customer assumes all risks from the irnproper use of the eouiprnenf. 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 held Runyon liable for damages from down time, materials or other consequential damages resulting iron; the use of the equipment. Customer refeases 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 net llalited IG any and all fines, penalties and forfeitures Lmposed by
any governmental entity, and, to the extent not covered by insurance any clah^.s 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 i,mpropar use. Customer shall additional! hold Runyon harmless for all less, liablity and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Cusicmars 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 trick 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 Cris service is desired on delivery, our. driver must call for authorization. If time permits, we will
try to accor m,,;ate You after quoting the price On pick up where no Prior arrangements have been made and rental '.ems are net knocked down znu ease in one sner,er_d area. fatres and drains .vlii be left .lit; It :e next d2w wher. a speea,
crer, car) ba sefieduieu There will be an additional one ;ta ferial. A knock down fee l0il result it njnta itercs are still up.
27. Waiver of Ju yTrial- Each oar y ..ales its r g,t to a jcry :nail .of a �y c aim or cause of action based or of 3 out of this agree�-ei; or the sub I ma ter Fe ..,f. :7:f., „a r erne rs r :1+ f��tF ,ha, ma, .slat _tie s o.a t matter her
_ludic r -ftcu it .i oho contract tort breach o` duty. arid all other co Mon. law aid statutory claims. and will no: he suulec. to any exccp =ash pa :y (A) irderstands that t "is is a vairler of :r t n ,ac; legs r a Vs and (B; )ck^o.vledges that
hc(shc /it has had a reas"naore opportunity to discuss this waiver and its effects with legal counsel Accorc rg y each party knowltrigly, voluntary, ineivbcably and unconditionally waives its, Ury 'M r_ghts.
28.Tickets, Fines and Penalties. You agree to fully and promptly pay al' fines, penalties, parking tickets. traffic tickets tolls, court costs attorneys' fees and other charges assessed curing thr ritm in connection w_th the use. parki storage, and/
or possession of the Equipment: regardless of the identify of the driver of any vehicle You rent from Us.
29. Trailers and Towing h r,er is res •ons:ble for impe`ang and maintaining the hale! coupling mechanism, safety ha s, all tie downs, pins and ghts a safe and secure conk. o: i white in their possession, Or sloolor agrees net .0 tow
any ura,or virited fro LESSOR D A' ..R (a in a taro' as manner fbi a. ,xoess:ae speed or ;ci vv, lc under tile rf,uence of m di„ anion, alcohol. o° ill i ua cgs.
30. Headings, The h:, ad;rfgs used Herein are solely for canoe! e ^t reference and shat n, t be used to cunsfr.<e or affect the Interipetation of :his Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties' E:;uoment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, than the terms from 'he 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 !MPLEPU 1rJARRANTIES.. 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 N0T BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE: OF R THIS EQUIPMENT TO CUSTOPIEP, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER I Ht_TORIES OF THE LAW OF CONTRACTS OR TOR f:
RETURN POLICY FOR PURCHASED ITEMS: The customer s liable for all shipping costs when returrir.g 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 2 restocking fee will be charged to your account, plus all applicable rbourd and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of `,:'h. ^.le goods are subject to a 25`x: (of total invoiced order) cancellation fee on in stock items from Rumen locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
reserved in conditions .other than brand new `mil be charged 50% restocking fee of the lctal amount, All returns must be properly boxed before they are returned. Its the customer's respons bit }v to report any d sishortages within 48 hours
of receiving :he broduc" Runyon will not accept claims 48 hours after lie. very. Runvon will not accept returns wi'hou: authorization- Upon issuing a Merchandise Return Authorization (MRAi, Runyon will instruct oustomers as tic the best means of
eturning merchandise. Rtmyun'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
eight r_ able ,tamale must be oted cr the si i od Bi., o L r.,I HE TIME OF DELIVERY T e purchase price at time of sale is ;trial.
REPRESENTATIONS AND WARRANTIES: Sr reprosfalrus a d ,a r s that fa liar has all necessary right, power and auttrorit, to enter into and confirm the hanSacto °s refele ce herein, tbj Sells has good and title to the
_gtip e t and (c) on ihe Tanspe. Date, Seel .alt coilvey -no, same ill Bu yer lsave on iy for tie „ar;ihase if any, to be re :aincid by Seller should Sefer, at its sole option, elect tc finance all or any portion of the Purc ?ripe) Buyer
represer :s and `,Marra is that. ',I) Buyer has all necessary ngh: ^we` an authority to enter into sod pe toff", the transactions :eferen;ed heein (if) But f has selected and carefolly inspected arc examined the Eq,. p cot and foam the same is be
acceptable to Buyer in all respects based on criteria estabiished safely by Buyer aria not based on any recommendalien by Belief; arid fill) Buyer has received, carefully reviewed and is satisfied with, all available framing, instructions, operating and
user manuals, and other information (including at training required under applicable OSHA andfor APiSI Standards. if any) regarding the proper and safe Transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as "damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might
have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
I VV�"VV V A,r property rented a sum equal to 5% of rental charge. This "damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or in the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reddess, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding Its rated capacity or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
EQUIVMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive o Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay fist for parts, labor or, if a total lass, 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 F15HER5 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.
3'0 77 S &B 0303 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may coiled damages together with reasonable attorney
fees, court costs and interest of one and one half (11/2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent.
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www.runyonrental.com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm o Saturday 7:00 am 4:30 pm o Sunday 9:00 am 3:00 pm
RKNTED'hTO h TICKET #r z
yJOB LOCP,TION
CARMEL STREET DEPARTMENT 503 SHOP
3400 WEST 131ST STREET Con# 225036
CARMEL IN 46074
Loc 100
SSN fi PHONE z DATE
r n
W (317) 733 -2001 OUT 04/13/12 1:32 PM SAF
F (317) 733 -2005
ID #3 PO %JOB RECtfVED 'BY T
SHOP STAPLETON, NATHAN A R TURNED 04/13/12 3:15 PM SAF
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN- HOURLY OVNITE -HOUR 4' DAY ,.WEER_ 4' WEEK
1 5021 -0002 SOD CUTTER 12" 26.00 26.00
$26.00/2 12.00 60.00 60.00 Z4 OM' 0.00
04. 0
AA
1 r
1
441 Z5 P
<gtTM
r
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 26. 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 0 00
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTAND THOSE INSTRUCTION S I ALSO UNDERSTANDTHAT I AMTHE PERSON RENTINGTHIS PROPERTY, AND OTHER 0 00
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSIONTO LENDTHIS PROPERTYTO ANY OTHER PERSON. I DW/ FEES 1 30
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X A dd1 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, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 27 30
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 27 30
EQUIPMENT 1'h �s a CELL
52
LEASED BY X PHONE 13 APR 12 15:21:
EQUIPMENT
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHAR FORTIME OUT NOTTIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, FUEL AND ELECTRIC CURRENT. will apply. X I I I_iA
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIO
1. Inspection. Customer acknowledges Thai it has had an opportunity to personally inspect the equipment and 'Inds it suitable for ifs needs and fir:. 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 anchor arising out of Runyon's negligence.
Customer snall ;demnify and defend Runyon against and hold Runyon harmless from any and all claims actions suits, proceedings, costs, expenses, damages and liabilities including attorneys fees which (1) relate to injury or 10 destruction of
property, or bodily injury, nines, sickness disease or death of arty 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 .vhose acts any of them maybe liable. Customer shall, at its mvn 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 cr omission by Runyon, and Customer shat, be liable and responsible for ail costs. expenses
and attorneys tees incurred in such defense anciior settlement, judgment or other resolution. In the event that such action; is commenced earning Runyon as a party. Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be table for all costs, expenses and attorney's tees incurred by Runyon jn such defense.
4. Rental Charges and Terms. Equipment with hour meters Is allowed eight (8) hours use within a 24 -hour period of rime. Rental rates for equipment are based an usage during this eight (8) hour shift. If Customer runs the equipment for uver 8
hours in one day. Customer will be charged far 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 ail Equipment Customer rray rear or purchase from Ruryon„ whether an the date of Phis Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement',.
6. Prohibited Uses, Use of the equipment In the following circurstances 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; (b)
Improper, unintended use or misuse: (d) Use by anyone otter than Customer or its employees, without Runyon's written permission; (c) Use at any location other than the address furnished Runvon without Runyon's written permission.
7. Fuel and Oil Levers. AG equipment Is full of fuel when rented to Customer and must be returned to Runyon lull or additional charges .vill apply. Also, use of alternative fuels (Bjodiesel, E85, etc.' in Runyon equipment is prohibited, Customer is
able for all damages and repairs that resuir from ahcrnarjve fuel. Runyon checks the oil level In the equipment when it's 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 taherever `;hey 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 s 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. Runvons insurance does not cover equipment while M. Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's properiy and until it has been returned in Runyoris property and
payment has b en received. EQUIPMENT MAY ONLY BE RETURNED CURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT A RUNYON'S LOCATION OTHER THAN NORhAAi. BUSINESS HOURS REMAINS THE G ST0ti9ERS
RESPONSIBIi..I`Y
11, Cleaning Charges. Eat Lpment is to be returned to Runyon as clean as when it let A charge Of sixty -five dollars (565.00i per hour will be charged forc leanup
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights undel this Agreement v, .hoot Cuss. ere consent, ,at will remain bound by tfl' obliga,'ons. fie: u, Gut Comer rilay o: sublpaseorcoan .`rr eculplirrij tvIthoui
Runyon's writ eh permission. Any purported assignment by Customer is void.
13.Time of Return. Custo ier's rigif to possession terminates on the expiration of the rental period "Due,n "date time) and retention of possession a`ter this time consfilin a material brcach of y e�njecL ime is o essence in this
Agreariant. Any extension must be mutually agreed upon in winning.
14, Late Return. Title to equipment is and shall at all times remain with Runyon. Failure to return the equipmert by the "Due n' date will subject Customer to a charge o` 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 clone and one half (1 '-z' 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 Stale of
Indiana and that if legal action is brought to enforce this agreement, that Hamilton County. Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a Wartime.
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 10 enforce such provision thereafter.
18. Damage Waiver. In consideration of the payment of additional rent classified as `damage walveC by Customer, Runyon: agrees to, and hereby does, waive its right or any right jt 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, tunes and wheels caused by brevaqut, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not all 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 RunyOds option, by Others, at a
charge of sixty -five doilars ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invairdiiy, unenforceabilify or ;vainer of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment, if Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the 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 anfing location, Customer agrees not to hold Runyon Gable 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 fromn 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 aff loss, liability and expense In excess of the limits of liability provided for herein as a
result 0f 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 empioyea 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 jursdiction.
26. Delivery /Pick Up. Delivery's 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 knack down at tortes and chairs.
If this service is required, arrangements should be made several days prior to del very with a special charge quoted- If no arrangements are made and this service is desired on delivery, our driver must call for authorization. It time permits, we will
try to accommodate you after equaling the price. On pick up where no prior arrangements have deer. made and rental items are net knocked down and elsembled In one sherfered area, to les and chairs ivti be left rnlil the next day when a spec;ai
ew 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 ary a m or cause of action based on or arising out of this agreement or the sub ect matte l cof.This va;ver pertains to a_ disputes ha; rnay relate 11 the subject matter hereof,
ncluding ,.itt opt Iinitat,o contract d• fort, brea of duty, and all other coma °on law and statutory claims, and will not be s: bjec: tO any exceptions. Eacn party (Al nderstands that this is a river of =u p art legar. lights and iB; ackroredges'hat
heishe'lt has had a reasonable oppurh,n.ty to discuss the waiver ane its effects wnh legal counsel. Accordingly, each paty knowingly, voluntarily. irrevocably and unconditionally waives its,ury r rights.
28,Tickets. Fines and Penalties. You agree to fury and promptly pay all fines, penalties, parking tickets traffic tickets, tolls, court costs, attorneys' fees and other charges assessed during the Term in ccr:nect;on wi,h Inc. use, parking, storage, ands
or possession of the Equipment, regardless of the identity of the driver of ary vehicle You rent from Us.
29- Trailers andTowmg. he customer s respons'.ble for inspa„ ting and maintaining the. trailer coupling mechanism, safety brains all tie downs, pins and Larts u, a safe and secure condition while in their possession, Customer agrees not in tovv
env tra nted from LESSOR: DEA E R (at in a careless o r ei :gent manner to; at oxcess tle speed or (ci while under the Influence of medica'ion, alcohol o iii drugs.
30, Headings, The ;adings used herein are solely for ;onven ent reference and st a. not be used to cons?rt or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the pariies' Equipment Purchase Agreement. It the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement preval.
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 lP,?PLiED
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 THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is Fable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies I, warranty returns. As
stated in the Runyon `Return Policy:" when: customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations Of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY, Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
eceived in conditions other than brand new will be charged 50% restocking fee of the total amount. All returns roust be properly boxed before they are returned. Its the customer's responsibility 'to report any damages/shortages within 48 hours
of receiving fhe product.. Runyon will not accept claims 48 hours after delivery. Runyon will net accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as t0 the best imeans of
returning norchancse. Runyon's MRA'c are valid for 30 days after issuance, MRAs are not valid after the 30 day fit• ?e limit expires. Runyon will absolutely no„ under any circumstances, issue an MRA for returns on used or damaged products. Any
freight rotated carnage m :ust be noted on the signed Bit; of Lading AT THE TIME OF DELIVERY The purchase price at tame of sale is final.
REPRESENTATIONS AND WARRANTIES: Se ter represents and r.ar a Mat: (a) Sa..er has all necessary right power and authority M enter into and perform the transactions reffuenicci herein, (6i Se at has good and m arkiiiab e title to fhe
qr.;m
and ,e) or. the T ans`.er Date. Sel -r nil' r he same is Bu yer save only 'or tr e Di ranase. money ten. if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of he Purchase Pri Buyer
represents and warrants that: (i) Buyer has all necessary right. power and authority to enter into and perform the transaction= referenced heron. (it) Buyer has selected and care`ully gsbected 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 (ii) Buyer. has received, carefully reviewed and is satisfied with all available training, instructlor;s, operating and
user manuals, and other information (including all training required under applicable OSHA and ?or ANSI Standards, if arty) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment.
In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right 1 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
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 reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or
6QUIPM£N7 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, I 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
(.P t F,L 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 condi ion as when received, natural wear and tear excepted.
317 566 8888 8 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney
fees, court costs and interest of one and one half (1 12) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and It is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a toot Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www, runyonrental. com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION TICKET
CARMEL STREET DEPARTMENT 503 SWEEPER
3400 WEST 131ST STREET Con# 226221
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 04/24/12 8:36 AM WH
F (317) 733 -2005
ID #3 PO /JOB RECEIVED'BY
SWEEPER JONES, GARY W 04/24/12 8:38 AM WH
*FINAL Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE` 8 -HOUR DAY WEEK 4 WEEK
1 072874300371 RAINSUIT 3 PIECE 35 MIL 2XL "13.95 13.95 13.95
f
t'
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 0 O 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 13 95
I 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 ;E;°'„jqN Uri 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 o 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 13 95
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT CELL AMT BILLED 13.95
LEASED BY X P R U 1 N, PHONE
24- APR -12 08:40:51
EQUIPMENT
D
R BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAIL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Eau►Dment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknotviedgos 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, ORTHAT
IT IS FREE FROM DEFECTS.
3. Indemnification, Customer agrees to assume the risks ot. and hold Runyon harmless for, property dannage and personal injuries, including death and dismemberment, caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
property, or bodily injury, 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 liability or conduct (including
active, passive. primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall. at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
In which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense and'or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party,. Runyon may elect to defend said action on its own behalf and Customer agrees
;hat it shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense.
4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8
hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge.
5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in the following circumstances is'prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repairer is unsafe: (c)
Improper, unintended use or misuse; (d) Use by aryone 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. Al equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is
liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires. Customer is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10. Insurance. Runyon's insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
t 1. Cleaning Charges. Equipment s to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (565.00) per hour will be charged for cleanup.
12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customers consent, but will remain bound by all obligations here:.. Customer may not sublease or 'loan the equipment without
unycn's v :rtten 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 or the essence m this
.creemert. Any extension must be rnutaally 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 add
interest of one and one half (1 ',h) percent per month added to accounts over ten It 0) 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 '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 thereaher.
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 waived does not include damage or loss of the property as a result of the negligence
of Customer or in the rase of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
ated capacity, or damage to tires, tubes and :wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood 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 df rental up to the 'time of reporting the loss or theft to Runyon, The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a
charge of sixty -five dollars ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22, Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees, Licenses, Permits.Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the 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 andior miles are actually used.
25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities. damages, injuries, claims. costs and expenses arising out of Customer's use or possession of the equipment, including. but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and, to the extent not covered by insurance. any claims or liabilities to third parties arising out of the abandonment, conversion. concealment or unauthorized sale of the equipment by Customer, or its agents or employees.
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During
the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock dowr. 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 left until the next day when a specal
crew can be scheduled. There will be an additional one day rental. A knock down fee will result if rental items are still up.
27. Waiver of JuryTrial, Each party waives its righi to a i tury trial of any claim or cause of action based on or arising out of this agreemem or the subject matter hereof. This waiver pertains to a.l disputes that may relate to the subject matter hereof.
miuding without imitahor:, 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 (8) acknowledges that
helshe.r t has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly voluntarily, irrevocably and unconditionally waives its jury trial rights.
28. Tickets, Fines and Penalties.'(ou agree to fuay and promptly pay all fines, penaities, 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 it their possession. Customer agrees not to tow
any hatter rented from LESSOR/DEALER (a) in a careless or neg.igent manner, (b) at excessive speed or (i.; while under the influence of medication, alcohol, or illicit drugs.
30. Headings. The headings used herein are solely lot corverient reiererce and shall not be used to consirue or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by he parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions Previously enumerated are inconsistent then the terms from the Equipment Purchase Agreement prevail.
AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES. INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for at 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 i. the Runvon "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 ireight.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 won refundable. Any shipment
received in conditions ether 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 damageslshorages 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
r eturning merchandise. Runyon's MRAs 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
fre.gm related darnage must be noted ort that signed Hill of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Sevier represents and warrants that: (a) Seller has all necessary right, power and authority to enter into and perform the transactions referenced herein; (b) Seller has good and marketable title to the
Equipme l.. and (c) on the Trarster Date, Seller %%11 convey the same to Buyer (save only 'or the purchase morey lien, it 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 ::arrarts thali (i) Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein; (it) Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in ail 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 trairirg, instructions, operating and
user manuals, and other information (including ai "s 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
have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of
property rented a sum equal to 5% of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated rapacity, or damage to tires, tubes and wheels caused by blowout, bruises, arts, punctures or
�QUIPMEN7 {z ENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance
410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, if a total loss, will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and
CARMEL F15HER50 1NDIANA90L15 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, cam costs and interest of one and one haft (11/2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
Don't t be a fool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other
www. runyonrentaL eom incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm
RENTED TO JOB LOCATION. TICKET
CARMEL STREET DEPARTMENT 503 FOUNTAIN
3400 WEST 131ST STREET Con# 226390
CARMEL IN 46074
Loc 100
SSN..- PHONE DATE' TIME
W (317) 733 -2001 OUT 04/25/12 11:06 AM WH
F (317) 733 -2005
ID #3 PO /JOB RECEIVED "BY
FOUNTAIN RON 04/25/12 11:10 AM WH
*FINAL Page: 1
QTY ITEM#
EXT -AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY 4 WEEK
1 00045 HYD HOSE r X38.00 38.00 38.00
t
ME EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 0 0
Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED.
Customer is liable for all damages repairs that result from alternative fuel. SALES 38 00
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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X i: i Adfll TAX O 00
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0 00
ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0 00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OFTHE
RENTAL UNTIL FTER IF THE CUSTOMER IS LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 38 00
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR.
EQUIPMENT CELL AMT BILLED 38.00
fN +���M
LEASED BY X PRINT E PHONE
25- APR -12 11:12:34
EQUIPMENT C X 6 RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Eau►oment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection, Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further 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 io assume the risks of and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and held 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
n which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorneys fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees
Ihat 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 ^ours 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 tern's of this Agreement will be deemed to apply to ail Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6. Prohibited Uses. Use of the equipment in !tie 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 amen rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biociesel, 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 .s 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 nor 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 Rurtyon,'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
RESPO JSIBILITY,
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 hou will ba 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 l;y a.; obligations herein. Customer may not sublease or loan the equipment wriho t
Runyons fritter pe.mt son Arty 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 bro +act of this Agreement. T,rre is o` the essence ri this
Agreement, Any extension; must be mutually agreed upon in writing.
14. Late Return. Title to equipment Is and shall at all times remain with Runyon. Failure to return the equipment by the "Due In" date will subject Customer to a charge of conversion (theft).
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and
interest of one and one half (1 1 /2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that it legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time.
17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision: or prejudice the right of either party to enforce such provision thereafter.
18. Damage Waiver. In consideration of the payment of additional rent classified as "damage waiver' by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the
rental property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage. theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its
rated capacity or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not
represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra.
19. Damaged, Dirty, or Lost Equipment, Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged
beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a
charge of sixty-five dollars ($65.00) per hour plus parts.
20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and :hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon,
23. Fees, Licenses, Permits, Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and /or miles are actually used.
25, Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities.. damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including. but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity. and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of 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 file 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 sat up and knock down•: of tables and chairs.
If [his 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 w it be left until the next day :men a special
crew arl be scheduled.There wilt be an additional one day rental. A knock down fee will result it 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 waver pertains to ail disputes that may relate to the subject matter hereof.
including, without imitation, contract. tort, breach of city, and all other common, law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waver of imporfanf legal rights and (B) acknowledges that
r,eishe'it has had a reasonable opportunity to discuss this waver 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 ail fines penalties, parking tickets, traffic tickets, lolls. court costs, attorneys' fees and other charges assessed during the, Term in connection with the use, parking storage, andf
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 net 10 tow:
any trailer rated from LESSOR!DEALER (a; in a careless or negligent manner, (b) at excessive speed or c) :chile under the influence of medication, alcohol, or illicit drugs.
30, Headings. The headings used hereir, are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the Parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, therr 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 i 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 'if the Runyon "Return Policy" when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned
All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment
received in conditions other than brand new will be charged 50% 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 damage&shortages within 48 hour;
of receiving the product. Runyon wit: 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 c
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. An,
freight related damage must be noted on the signed Bili of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final,
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a Seiler has all necessary right, power and authority to enter into and perform the transactions referenced herein; (b) Seller has good and marketable title to th
Equipment; and (c) on the?ransfer Date. Softer will convoy the sane 1c 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). Buy-
represents and warrants that &srer has all necessary right, power and authority! enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully inspected and examined the Equipment and found the same to b
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 an
user manuals, and other information (including ail 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
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
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 warier shall not apply to reckless, careless or abusive operation or use
of the Equipment, use or operation of the Equipment exceeding its rated capaaty, 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 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
GARM£L o 1`15H£RS G INDIANA90L15 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.
3 117 53 3D 0033 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 112) percent per north added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent
FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied
"Don't be a toot Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for 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
ww 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.
Opeff? 77 D ®ys ®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 STREET DEPARTMENT 503 C SQUARE
3400 WEST 131ST STREET Con# 226416
CARMEL IN 46074
Loc 100
SSN PHONE DATE TIME
W (317) 733 -2001 OUT 04/25/12 2:13 PM WH
F (317) 733 -2005
ID #3 PO /JOB `RECEIVED BY
C SQAURE BURKE, RALPH RETURNED 04/25/12 4:56 PM WH
*FINAL Page: 1
QTY, ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK
1 8370 -0003 HAMMER D DEMO -DRILL MAX 76ATC �Fr��: 40.00 40.00
$40.00/4 50.00 50.00 200, 00, C`60-0.00
1 2978 -0000 BIT CORE SDS F 4 X 18 50.00 50.00
$50.00 /D 50,-00 5�0 '0
2 00 600.00
IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 9 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 0 00
I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSEINSTRUCTIONS I ALSO UNDERSTAND AM PERSON RENTING PROPERTY AND OTHER 0.00
THAT RUNYON EQUIPMENT RENTAL DOES NOT GNE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 4.50
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X SICK 'LJR 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 )MMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHOR4ZEDT0 61LL 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 94 50
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT S85 AN HOUR. AMT BILLED 94.50
EQUIPMENT 17j LL
LEASED BY X Pr IN K IT yiE PHONE
25- APR -12 16:56:28
EQUIPMENT
RETURNED BY X �i�rA%I URE RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FO R 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, DUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon aumment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects.
2.WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS. EITHER EXPRESSED OR IMPLIED, THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT
IT IS FREE FROM DEFECTS.
3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and!or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of
property or bodily injury, illness, sickness, disease or death of anV person (including employees of Customer), and (2) are caused by or claimed to be caused, in whole or in part, by the equipment !eased herein or by the liability or conduct (including
active, passive, primary or secondary) of Customer. its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses
and attorney's fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party. Runyon may elect to defend said action on its own behalf and Customer agrees
that 1 shalll 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 Agreemen0.
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
iable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9. Tires. Customer is totally responsible for all tire repair. It is Customers oofien to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10, Insurance. Runyon 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 A' RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMMERS
RESPONSIBILITY
11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty- -five dollars (565.00) per hour w!I 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 reman bound by aP: obligations herein. Cu may nor sublease or loan the equipment mthout
Runyors 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 8 time) and retention of possession after in's time constitutes a material breach of this Agreement. Time is of the essence in this
Agreement. Any extension must be mutually agreed upon in writing.
14. Late Return. Title to equipment is and shall at all times remain with Runyon. Failure to return the equipment by the "Due In' date will subject Customer to a charge of conversion (theft).
15.Time of Payment. Accounts are due and payable at the termination of the rental period.
16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together With reasonable attorney's fees, court costs and
interest of one and one half (1 4.) 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 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 repay for any damage to or loss of the goods, regardless of cause, except reasonable wear and fear, 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, unentorceability or waiver of any of the provisions shall not affect the remaining provisions.
21. Loading and Unloading Equipment, Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon.
22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon.
23. Fees. Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation, of the equipment.
24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and /or miles are actually used.
25. Other liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere
in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees
harmless from and against any and all losses, liabilities, damages, injuries. claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by
any governmental entity, and. to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a
result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent. servant or employee of Runyon for any reason or any purpose. During
the term of 'this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs.
If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. It time permits, we will
try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are no': knocked down and assembled In one sheltered area, tables and chairs wi!' be left until the next day when a spec
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 /natter hereof. This waiver pertains to alt disputes that may relate to the subject matter he. ect.
ncluding, a ;ithout :imitation, contract.. tort, breach of duty. and all other common law and statutory claims, arid will not be subject to any exceptions. Each party (A) understands that this is a waiver of r:.lportant legal rights and fB) acknowledges that
heishelit has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each parry 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, andl
or possession of the Equipment: regardless of the identity of the driver of any vehicle You rent from Us.
2?.Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie dorms, pins and lights in a safe and secure condition while in their possession. Customer agrees not to tow:
any trailer, rented from LESSOR/DEALER fa) in a careless or negligent manner. (b) at excessive speed or (c) while under the influence of medication, alcohol. or illicit drugs.
30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
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 Inc 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,'NCLUDING. WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER., REGARDLESS OF WHETHER SUCH DAMAGES ARISE
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 tee will be charged to your account. plus all applicable inbound and outbound freight. This policy also applies to shipments refused and relumed
All cancellations of whole goods are subject to a 255 (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 shicmen
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 customer's responsibility to report any damages'shortages wi<hm ?8..o
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 noted on the signed Bill of Lading AT THE TIME OF DELIVERYThe purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that (a) Seller has all necessary right, power and authority !g enter into and perform the transactions referenced herein: (b) Seiler has good and marketable title to IN
Ecuipment: and (c) on theTrans`er 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 porl of She Purchase Price). BuVe
epresenis and warrants that: (i) Buyer has all necessary right. power and authority t o enter into and perform the transactions referenced herein: (iii Buyer has selected and carefully inspected and examen -d the Equipment and found the same to bi
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, lnstcv. ono. operating an
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, mairter:ance, repair and storage of the Equipment.
Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
04/26/12 $4,304.06
04/26/12 $82.11
04/26/12 $169.83
04/26/12 $97.95
04/26/12 $94.70
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6
20
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyon Equipment Rental
IN SUM OF
410 W. Carmel Drive
Carmel, IN 46032
$4,748.65
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
,r? C UOL
PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members
2201 43- 530.99 $4,304.06 1 hereby certify that the attached invoice(s), or
2201 1 43- 560.01 $82.11 bill(s) is (are) true and correct and that the
2201 42 389.00 $169.83
materials or services itemized thereon for
2201 42 370.00 $97.95
which charge is made were ordered and
2201 42- 311.00 $94.70
received except
n
Wednesday; May 02, 2012
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Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund