212361 08/28/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
0 ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL
CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK AMOUNT: $381.69
CARMEL IN 46032
CHECK NUMBER: 212361
CHECK DATE: 8/28/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4353099 237487 262 . 50 OTHER RENTAL & LEASES
2201 4237000 239023 17 . 95 REPAIR PARTS
2201 4353099 239105 89 . 25 OTHER RENTAL & LEASES
211 4462838 239856 11 . 99 STORM WATER PHASE II
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317) 566-8888 STATEMENT DATE: 08/15/12 503
PRINTING DATE: 08/15/12
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
06/26/12 234092 100 LIFT 85 ' STRAIGHT BO 341.25 0.00 341.25
06/27/12 234292 100 PO# STOCK 159. 98 0.00 159. 98
06/28/12 234363 100 PO# SHOP 229. 63 0.00 229. 63
06/28/12 234379 100 PO# STOCK 159. 98 0.00 159. 98
07/02/12 234822 100 CRAYONS LUMBER BLACK 0. 99 0.00 0. 99
07/02/12 234875 100 DRILL BIT SDS 1/2"X6 5. 99 0.00 5. 99
07/06/12 235301 100 PRESSURE WASHER 3500 94 . 00 0.00 94 .00
07/09/12 235583 100 PO# PATCH TRUCK 70. 89 0. 00 70. 89
07/10/12 235592 100 PO# HAVERTON 131. 95 0. 00 131. 95
07/10/12 235732 100 AUGER 12" BIT 2 9/16 36.75 0.00 36.75
07/11/12 235867 100 HYDRANT WRENCH ADJUS 29. 95 0.00 29. 95
07/12/12 235983 100 PROPANE 20 POUND REF 28. 98 0.00 28. 98
07/12/12 236058 100 COOLER 5 GAL SCREW T 75. 98 0.00 75. 98
07/13/12 236107 100 SAFETY VEST ZIP MED 29. 98 0. 00 29. 98
07/20/12 236833 100 PO# CROOKSTICK 219. 95 0.00 219. 95
07/23/12 237181 100 PROPANE 60 POUND REF 44 . 59 0.00 44 .59
07/24/12 237233 100 PO# 98TH & MAPLE DR 3.20 0. 00 3.20
07/24/12 237308 100 PO# FOUNTAINS 78 .70 0. 00 78.70
07/25/12 237372 100 PO# FOUNTAIN 92.73 0.00 92.73
07/25/12 237402 100 PO# SHOP 45.00 0.00 45.00
07/31/12 238045 100 PAINT MARKING ORANGE 9.00 0.00 9.00
08/01/12 238154 100 PO# FOUNTAIN 25. 18 0. 00 25. 18
08/03/12 237487 100 FAN MIST 30" 262.50 0. 00 262.50
08/09/12 239023 100 BLADE ABRAS 14"Xl" M 17. 95 0. 00 17 . 95
08/10/12 239105 100 PO# EDEN VILLAGE DR 89.25 0. 00 89.25
****Unapplied Payments**** Amount Allocated Remaining
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317) 566-8888 STATEMENT DATE: 08/15/12 503
PRINTING DATE: 08115/12
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
CURRENT 30 DAYS 60 DAYS 90 DAYS- 120 DAYS TOTAL DUE
888.05 1396. 30 0.00 0.00 0.00 2284 .35
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
AAA 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
EQUIPMENT{Zf,N other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive-Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CAF MEL.•F151jER5-INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
3*1 7 — 566 — Sass 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
tees,court costs and interest of one and one half(1 112)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rats of eighteen(18)percertt
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 EDEN VILLAGE DR.
3400 WEST 131ST STREET Con# 239105
CARMEL IN 46074
Loc 100
SSN- ,. <,; '. PHONE - . DATE TIME' `r
W (317) 733-2001 OUT 08/10/12 1:27 PM MS
F (317) 733-2005
ID#3 PO/JOBS.# RECEIVED BY,
EDEN VILLAGE DR TOWNS, ADAM R TURNED 08/10/12 3 : 33 PM SM
***FINAL*** Page: 1
QTY. .. ITEM# EXT°.AMT NET+ AMT
MIN'. HOURLY "OVNITE', 8-HOUR" sr DAY 'WEEK., 4 WEEK
1 5124-0003 STUMP CUTTER SMALL WALK BEHIND 5 , 85 . 00 85. 00
$85. 00/4 105 . 00 105 . 00\� }4,2oti\&o ,�,126,0 . 00
1 i t Vl` V
qr
q
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IM'DATE YOU WILL BE SUBJECrM A CHARGE OF CONVERSION(THEFT). RENT 8 5.0 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 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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED D W/FEES 4 .25
BY RUNYON EQUIPMENT RENTAL. X t,J911 AdCil 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 89.25
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT PRINT pLIjLBp CELL AMT BILLED 89.25
LEASED BY X If T T 'ti3�Y'YYttVV�) PHONE
10-AUG-12 15:35: 02
RETURNED TBY X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE R TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X 1N!7'LAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
mat rrnrtrnnc itniece Rrinvnn Fnttinment Rental hac heron nntifieit 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,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 andior arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims:actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of
property,or bodily injury.illness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred in such defense and/or settlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a party.Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs,expenses and attorneys fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour 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 andior other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.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'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 th is contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shat!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 IT.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(5(35.00)per hour wi€I be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customers consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is void.
13.Tfine 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.Tame 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 rerrain 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 lenminal on 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:vith reasonable attorney's fees,court costs and
merest of one and one half(1 k2)percent per month added to accounts over fen(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 Staff?of
Indiana and that Illegal 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`•b 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.Severabiiity.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 injures,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'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 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 special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental items are still up.
27.Waiver of Jury Trial.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to ail disputes that may relate to the subject matter hereot,
including,without limitation,contract,tort,breach of duty.and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of Important legal rights and B)acknowledges that
helsheirt 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 iury trial rights.
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 during the Term in connection with 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.Trallers andTowing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins arid'lights in a safe and secure condition,while In their possession.Customer agrees not fo tow
any tra'er rented from LESSOR•'DEALER(a)in a careless or negligent manner.(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs.
30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are a,so governed by the parties'Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prover
AS-IS-NO WARRANTY:THE WARRANTY S 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 damagesishonages 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 MBA'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 DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,pourer and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the
Equipment:and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien.if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
represents and warrants that:(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(it)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 andior ANSI Standards,it any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent dassified as'damage waiver by the Rentee,Renter agrees to,and hereby does waive its right,or any right t might
R U NYO N 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
EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive-Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
GARMEL•FISHERS•INDIANAPOL-15 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 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 attomey
fees,court costs and interest of one and one hat(I V2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warrantes,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 Coln 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
3400 WEST 131ST STREET Con# 237487
CARMEL IN 46074
Loc 100
SSN PHONE __ .-. DATE TIME
W (317) 733-2001 OUT 07/26/12 12 :14 PM SM
F (317) 733-2005
ID#3 PO/JOB # RECEIVED,BY
MUIR, JOSEPH E RETURNED 08/03/12 9: 54 AM MS
***FINAL*** Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8-HOUR :DAY WEEK 4 WEEK
1 3814-0003 FAN MIST 30" !'>',f`, 250 . 00 250.00
$50 . 00/D 50 . 00 50 . 00 2'0,6 op,, G6 o
i 1 I
i�
IFTHE EQUIPMENT IS NOT RETURNED BY'DUE IM'DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 250. 00
Customer is liable for all damages&repairs that result from alternative fuel. SALES 0. 0 0
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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 12 .50
BY RUNYON EQUIPMENT RENTAL. X i IV(`,'l h 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 262 . 50
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR,LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT j(� 3^ �. CELL AMT BILLED 262 . 50
LEASED BY X ! I ''r��, PHONE 03-AUG-12 0 9: 5 5:3 5
EQQUIPM oTBY X ;_' `.` °' RENTAL FEES DO NOT APPLY TO PURCHASES.
4, i� ,
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,DUEL AND ELECTRIC CURRENT. will apply. X !N!1-1A_
NO ADJUSTMENTS OR CREDITS will be made on equipment
mat unctions unless Runvon Eau►ament Rental has been notified. ,We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1,Inspection.Cu,orner acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon`)of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification, Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment caused by the equipment and/or arising out of Runyon's negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings;costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of
property,or bodily injury,illness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(including
active,passive.primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall.at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a 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 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 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;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(Biodlesel,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 whatever they are,and Dealer and his agents shall not be*table 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 i:surance does rot 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
payrnent has been received EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYOWS LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11,Cleaning Charges, Equipment is to be returned to Runyon as clean as when it left A charge of sixty-five dollars($65.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's winter.permission,Any purported assignment by Customer is void.
13.Time of Return. Customer's right to possession terminates on the expiration of the rental period("Due In"date&time)and retention of possession after this time constitutes a material breach of this Agreement.Time is of the essence in this
Agreerent.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'-ogether 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 if legal action is brought to enforce t:is 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 Inc.
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 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°--E 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 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 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,Permfts.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 dernand.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 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
clot)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 chars.
If this service is required,arrangements should be made several days prior to delivery with a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.if time permits,we will
try to accommodate you after quoting the price.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 left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental Items are still up.
27.Waiver of Jury Trial,Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof,This waiver pertains to alt disputes that may relate to the subject matter hereof.
including,without limitation,contract,tort,breach of duty,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
he/she.'t has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives Its jury trial rights.
28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines.penalties,parking tickets,traffic tickets,tolls;court costs,attorneys'fees and other charges assessed during the,Term in connection with the use.parking,storage.and!
or possession of the Equipment.regardless of the identity of the driver of any vehicle You rent from Us.
29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling rnechansm,safety chairs,all lie downs,dins and lights it a safe and secure condition while in their possession,Customer agrees not to tcev
any traP:er rented from LESSOR:DEALER(a)In a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication.alcohol.or illicit drugs
30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe o affect the interpretalion 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,they 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
UNDERTHEORES 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/shoriages 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
eturring 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
freight related damage must be noted on the signed Bill of Lading ATTHE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:(b)Seller has good and marketable title to the
Equipment;and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any to be retained by Seller should Seiler,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
represents and warrants that:(i)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in ail respects based on criteria established solely by Buyer and rot 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
Ar property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
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
LARMEL•F151IE75•INDIP N"0L15 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 arty of the terms and conditions of this agreement,the Renter may tolled damages together with reasonable attorney
fees,court costs and interest of one and one half(112)percent per month added to accounts aver ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
�� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of Income or any other
www.runyonrentaL eom incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
RENTED TO ti l_ JOBS-LOCATION.:,
°'.TICKET•,# K„
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 239023
CARMEL IN 46074
Loc 100
t
IS SN « PHONE :;: f DATE TIME
W (317) 733-2001 OUT 08/09/12 3: 17 PM MS
F (317) 733-2005
ID#3 PO/JOB # RECEIVED BY
MOFFITT, SAMUEL 08/09/12 3: 34 PM SM
Page: 1
QTY ;ITEM#=. - ;, % EXT AMT' ` �tNET ;AMT
MIN HOURIiY OVNITE .8-HOUR- DAY. WEEK 4 WEEK
V,
1 00045 CLAMP 1 . 00 1 .00
T
1 299 LABORl �tv 10. 00 10.00
el
1 701846803113 BLADE ABRAS 12 X1" METAL Cs-
6. 95 6. 95 6. 95
M
:,
IF THE EQUIPMENT IS NOT RETURNED BY"DUE IN'DAM,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT}
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0 .00
Customer Is liable for all damages&repairs that result from alternative fuel. SALES 17 . 95
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTANDTHOSE INSTRUCTIONS.I ALSO UNDERSTANDTHAT 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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0. 00
BY RUNYON EQUIPMENT RENTAL. X S i GNN Ui 1 E: 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 17 . 95
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR,LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT •y �^r1 "; CELL AMT BILLED 17 95
LEASED BY X -E PHONE 09-AUG-12 15 : 34 : 14
aeriR
RETURN EoTev X � k j RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT OTTIMEUSED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. will apply. X IN`jI i.
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 acknovviedges that it has'nad 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,OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification, G_stomer agrees!c assume the risks of,and hold Runyon harmless too,property damage and personal injuries,including death and dismemberment,caused by the equipment andior arising out of Runyon's neg'iicence.
Customer shall indemnify and detend 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 into, :iness,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 par".by the equipment`.eased herein or by the liability or conduct(inc ud sng
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them nary be liable.Customer shall,a1 its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
n which Rurven is a named party for evhi,h Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for ail costs,expenses
and attorney's tees incurred in such defense andior settlement,judgment or other resolution,In the event that such action is commenced naming Runyon as a early,Runyon may elect to defend said action on its own behalf and Customer agrees
that It shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4,Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of Time. Rental rates for equipment are based on usage during this eight(8)hour shill. If Customer runs the equipment for over 8
-,cuts in one day,Customer will be charged for extra hours on equipment Ore 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 al Equipment Customer may rent or purchase frorn Runyon whether on the date of this Agreement or at any time in the future(except only
as to any Equipment andior other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment in the following c ourstances 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!har)Customer or its employees,without Rtmvon'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 ranted to Customer and must be returned to Runyon full or additional charges v I.I apply.Also,use of alternative fuels iBiodiase,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's rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8.Repossession.Upcn 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 Deals,and his agents shall not be liable for anv 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 flues before the equipment leaves and notify Runvor,of any irregularities spotted.
10,Insurance. Ru river.'s insurance does riot cover equiernent while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned m Runyon's property and
payment has been received.EQUIPMENT MAY ONL'f BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
`:ESPONSIBIt.i TY.
11,Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars($65.00)per hour will be charged for cleanup_
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement iv lhout Customers consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment vrithout
Runyor's written permission.Any purported assignment by Customer is void
13.Time of Return. Customer's right to possession terminates on the expiration of the rental period("Due in"date 3 time)and re"en"ion of possession after this time constitutes a material breach of Mls Agreement.Time is of the essence in this
Agreement.Any extension,rust be mutually agreed upon in writing.
14.Late Return.Title to equipment is and shall at ail 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 or the rental period.
16.Violation of Agreement and Venue Costs, Customer agrees that':, he event'he Customs,violates any of the terms and conditions of this agreement,Runyon May COtect damages together win reasonable attorneys,e ,.court costs and
nteras=of one and one Waif r1 Y.)percent per month adds;to account;over ten("C;days old.reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that'.his agreement is`o be construed„n ter Pie'a,s of the Stets of
,tiara and that if legal action is brought to antores this agreement. Hamilton County;indiara,shall be the jurisdiction and legal vends 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 ueni classitiad as"damage waiver'by Customer,Runyon:.agrees to,and hereby does,waive its right;or any right it might have against Customer,ahsing from normal damage of the
oriel property;normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sure equal to 5%of rental charge.This"damage waiver'does not include darnage or loss of the property as a result of the negroter:.ce
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 coinsurance 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.Customs,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 fist 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,r;helher 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 sha'be severable so that the invafdity:unenforceability or wahver of any of the provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for leading 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 injures,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 de€iveries ar 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 indes 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 e!sewhera
in the renting location.Customer agrees not to hold Runyon Gable for damages from down time,materials or other consequential damages resulting from t::":e use of the equipment.Customer releases and holds Runyon;+!s agents and employees
harmfess from and against any and aii losses,nabs'+ties,damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,includ=ing.but not limited to any and all fines,penalties and forfeitures m.,osed by
any governmental entity,and,to the extent not covered by insurance:any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized safe of the equipment by Customer;or its agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runvor•harmless for all:loss,liab pity and expense in excess of the limits of liability provided for herein as a
esua of injury,death or property damage arising out Of Customer's use pf the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon rot 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 riot Inchide set up•rind knock down of tables and chairs.
If this service is required,arrangements should toe 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 bills?call for authorization.If time permits,eve 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+N be!eft until the next day when a special
crew can be scheduled.There will be an additional ens 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 clam or cause of action based on or arising out of this agreement or the subject matter hereof.Ths waiver pertains to ail disputes that may relate to the subject matter hereof.
.eluding,witho,t Irnitation,contract,fort,breach of duty,and ail other common law and statutory claims,and wills not be subject to any excep>:ians.Each party(At understands that this is a waiver of Impo,tart legs;,:obis arid(B)acknowledges that
he/shelf has had a reasonable opportunity to discuss this waiver arc 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 arid promptly pay at 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"he identify of the driver of any vehicle You rent from Us.
29-Trailers andTowag. he customers responsible for ins sting arc maintaining the trader ccupiing mecna r' m,safely chains,all tie;erns,pins and slights r r safe and seen con.fion wt plc in ciair possessOn.C-„stomo-agrees nct ro toy,:
any trot_ °pnted from LESSQR.'DEALEF(a in a careless o n.aiigent manse (b)at excessive speed or rc)while under i ,influence of r rdicalion,alcohol_o; drugs.
30.Headings.The headings used herein are solely for convenient reference and shall riot be used to construe or affect the lwerpretation 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 prevaG.
AS-IS—NO WARRANTY:T HE WARRANTY S THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING.WITHOUT LIMITATION',T HE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OFTHIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for alt shipping costs when returning or exchanging an item to Ruryo:?;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.Al parts purchases are non refundable.Any shipment
received in conditions other that,brand new will be charged 50%restocking tee of the total amount.All returns must be properly boxed'before they are returned.Ifs the customers responsibility to report any darnages'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 rr:erchardise.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
froight 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:Sale.,represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced,'herein:(b)Seller has good and marketable title to the
Equipment;and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the purchase money lien,if any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
uepressnfs and warrants that;?)Buyer has all necessary right,power and authority to enter into and pattern-.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 an criteria established solely by Buyer and riot 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,arid other information(including all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
Prescribed by State Board of Accounts City Form No.201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
07/26/12 237487 $262.50
08/09/12 239023 $17.95
08/10/12 239105 $89.25
1 hereby certify that the attached invoice(s), or bill(s), is (are)true and correct and I have audited same in accordance
with IC 5-11-10-1.6
20
Clerk-Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyon Equipment Rental
IN SUM OF $
410 W. Carmel Drive
Carmel, IN 46032
$369.70
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members
2201 237487 43-530.99 $262.50 1 hereby certify that the attached invoice(s), or
2201 239023 42-370.00 $17.95 bill(s) is (are) true and correct and that the
2201 239105 43-530.99 $89.25
materials or services itemized thereon for
which charge is made were ordered and
received except
Thurs ay, u ust 23, 2012
t.
treet Com Is r
Street CorT"'it{aissioner
Cost distribution ledger classification if
claim paid motor vehicle highway fund
RUNYON EQUIPMENT RENTAL
410 WEST CARMEL DRIVE
CARMEL, IN 46032
(317) 566-8888 STATEMENT DATE: 08/22/12 448
PRINTING DATE: 08/23/12
REMIT TO:
CITY OF CARMEL RUNYON EQUIPMENT RENTAL
ONE CIVIC SQUARE 1410 WEST CARMEL DRIVE
CARMEL IN 46032 CARMEL, IN 46032
DATE INVOICE# LOC DESCRIPTION AMOUNTS . CREDITS BALANCE
08/17/12 239856 100 PO# ENGINEER DEPT 11. 99 0. 00 11. 99
****Unapplied Payments**** Amount Allocated Remaining
'j223242S�V
RECEIVED tt,
AUG 2012
t CARMEL
`rte CITY ENGINEER
w
CURRENT:•, '.30, DAYS 60 DAYS- .- 90 DAYS-- - 12:0 DAYS TOTAL DUE:'
11. 99 0.00 0.00 0.00 0.00 11.99
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
AC Property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding Its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
EQUIPMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an Insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,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
CARMEL•FISHERS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the temts 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(1 B)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and It is understood that Renter shall be held responsible for any accident or
�� damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www,runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 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
T .# b.
RENTED. T0;: ,r :�I� t. L �: JOB LOCATION :�' �r TICKE -
CITY OF CARMEL 4 448
ONE CIVIC SQUARE Con# 239856
CARMEL IN 46032
Loc 100
SSN PHONE
DATE �', .TIME
W (317) 571-2448 OUT 08/17/12 7 :55 AM WH
F (317) 571-2409
ID#3 PO/JOB # ;�RECE�IVED BY
ENGINEER DEPT THOMAS, JOHN G 08/17/12 8 : 08 AM WH
***FINAL*** Page: 1 .
QTY ITEM#: ;t ., EXT AMT'. x. NET; AMT
`_
MIN HOURLY OVNITE ,z '8 rHOIIR fir' 'DAY ,- ,WEEK 4 'WEEK-,
1 090489949143 STAKES GRADE WOOD 1"Y2"X36" ll``e 99 11 . 99 11. 99
mv
l � e
� e
ti€
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. RENT 0.00
Customer is liable for all damages&repairs that result from alternative fuel. SALES 11. 9 9
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE S 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
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0. 00
BY RUNYON EQUIPMENT RENTAL. X ACid1 TAX O
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE HER 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 11. 99
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT ' 3 `,l 'i ';'=z AMT BILLED 11. 99
LEASED BY X
PHONE
17-AUG-12 08 :08 :25
RETUR NED BY X I .in 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 [N11"IAL
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Eauipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
i,inspection.Customer acknowledges:hat it has ttad an opportunity ig personally inspect the equipment and finds it suitable for its needs and in goad condition,and that Customer understands its proper use.Customer further acknowledges its
duty to inspect the equipmeni 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 dismemberr,ent,caused by the equipment and/or arising out of Rur On s negligence.
Cusorner shall irdenatifv 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,ittress.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 Ilablity or conduct;including
active,passive,primary or secondary!of Customer,its agents or employees,or anyone for:rhosa 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 shah be'liable and responsible for all costs,expenses
and attorneys fees incurred in such defense and/or settlemert,judgment or other resolution. In the event that such action is commenced naming Runyon as a party,.Runyon may elect to defend said action or its own behalf and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges and Terms.Equipment with hour n>etes is allowed eight(M hours use within a 24-hour period of time. Rental rates for equipment are based on usage during triis eight(8)hour shift If Customer runs the equipment for over o
hours in one day,Customer will be charged for extra hears on equipment.One day is 24 hours or eight/,8)lours running lime. '6 hours n;nning time in 24 hours_a 2-1 charge.24 hears n inning time in 24 hours_a 3-day charge.
S.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 anytime in the future(except only
as to anv 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: s)Use for illegal purpose or in an illegal manner,(b)Use when the equipment is in bad repair or is urtsa*e;(c)
mproper,unintended use or misuse;(dt Use by anyone other than Customer or its employees,without Ruryods written permission;;e)Use at any location ether 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 0 diesel,E85,efc.;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 equipments solely the responsibility of Customer.
8.Repossession.Upon a`allure to pay!era 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.Tfres.Customer Is totally responsible for ail fire 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 it:.surance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and unit it has been returned to Ruryun..,property and
payrnent'nas been received.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS TH"c CUSTOMERS
RESPONSIBILI T!.
11,Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of slxtyfive dollars($65.00)per hour will be charged far cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under mis Agreement without Customer's consent,but will remain bound by ail obligations hereir..Customer may not sublease or loan the equipment without
RinvorrLS written
permission.Any purported assignment by Customer is void.
13.Time of Return. Customers right to possession terminates on the expiration of the rental period f'Due in"date&`time)and retention of possession After this time constitutes a material breach of this Agreement.Time is of the essence in this
Agreement.Any extension must be mutually agreed upon in writing.
14.Late Return.Title to equipment Is and shall at all times remain rrth Runyon-:.Failure to return the equipment by the"Due in"date will subjeci Customer to a charge or conversion(theft).
15.Time of Payment.Accamis 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 attorne'y's lees,court costs and
interest of one and one half(I}z)percent per month added to accounts over ten 1001,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 tc 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.Arty 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,nonral 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 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 or 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 Tres,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 R.unyon'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.Tha 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 equipmeni. 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 har^less 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 tees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of the equipment.
24.Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that 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 io Customer's property or goods in storage or in transit,or for any property felt or stored for 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
har mless 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 b 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 darnage arising out of Custorer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon far any reason or any purpose. During
the term of this Agreement,Customer assumes all responsibility for the equipment to the public and any regulatory body staving jurisdiction.
26.Delivery/Pick Up.Delivery is rnade to clgsest point truck can park.Extra charges will result;)deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tables and chars.
if'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 pi ice.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 left until the next day when a special
crew;can be scheduled.There will be an additional one day rental.A knock down fee wiil result if rental items are still up.
27.Waiver of Jury Trial.Each party s^naives Its right 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 i disputes that may relate to the sub ect matter hereof,
including,without%imitation„contract,tort,breach of dutg and all other common law and statutory claims,anti will not be subject to any exceptions.Each party(Al understands that this is a waiver of imporani legal rights and(B)a,know edges that
hefsha%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 pro 1pff,pay all fines,penalties,parking tckets,tratfiC tickets.falls.court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking;storage:and!
.essesson of the'-quipment regardless of the identity cf the driver of any vehicle You rent from US.
29.Trailers and Towing.The customs,s responsible for inspecting and maintaining the finial,courting n-echansm,safety chairs,all tic downs,pins a to:Ights in a Selo,and secure condit o t,ahra In Thor possess o i.Cusfoml:;,ragiecs nut to tov.
any trailor retried from LESSOR@EALER(a)in a careless or negligent manner,(b)ai excessive speed or(c)whi e under the influence of medication,ation,alcohol.or Iron drugs
30.Headings.Tha headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of tnls Agreement.
ADDITIONAITERMS AND CONDITIONS FOR SALES
All sales are also governed by the parse Equipment Purchase Agreement,If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent:then the terrns from the Equipmert Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE 1,NARRAN-Y IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.INCLUDING,WITHOUT LIMITATION,THE IMPLIED
;^1AHRANTIES OF t9ERC'^.vNTA.BILITY 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
UAlL`ER T}iEORiES OF THE LAW 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 it the Runy,^,n"Return Policy."when customers return an item or items for credit,a 25%restockine fee will be,charged to your account,pills all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of::hole goods are subject to a 25%(of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
eceycd in conditions other than brand new,will be charged 505,E restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customer's responsibility to report any damages/shortages within 46 hours
of receiving,the Product.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as to the best means of
returning merchandise.Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue are MRA for returns on used or damaged products.Any
reight relaled 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:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the
Equipment;and(c)on the Transfer Date,Seller will convey the Same to Buyer(save only for the purchase money lien,if any,to be retained by Seiler should Seiler;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;(it)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 otY er l?torrnation(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.