HomeMy WebLinkAbout212761 09/12/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL
CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK AMOUNT: $731.34
CARMEL IN 46032 CHECK NUMBER: 212761
CHECK DATE: 9/12/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
2201 4231100 STREET 86 . 39 BOTTLED GAS
2201 4237000 STREET 207 .45 REPAIR PARTS
2201 4353099 STREET 437 . 50 OTHER RENTAL & LEASES
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
rA 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 recIdess,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
GAWeL•1`151%95•I14 DIWkPOL15 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 — tJ 66 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasoroble attorney
fees,court costs and interest of one and one halt(11/2)percent per month added to accounts over ten If 0)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,ether expressed or implied,including any implied
"Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment.The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm
RENTED T0;"' ? JOB •LOCATION r `, " . TICKET;`#,'
CARMEL STREET DEPARTMENT # 503 PATCH
3400 WEST 131ST STREET Con# 239764
CARMEL IN 46074
Loc 100
..PHONE _. DATE'Y;: _ �T.INiE
W (317) 733-2001 OUT 08/16/12 8 : 51 AM SM
F (317) 733-2005
ID.#3 PO/JOB `.# RECEIVED'BY::•:
PATCH MARTZ, FREDERICK KENT 08/17/12 8 : 51 AM SM
**FINAL*** Page: 1
QTY' ITEIM#
EXT AMT, 'NET,-AMT.
NIIN:t. HOURLY' OVNITE;` B--HOUR ; DAY;, I WEEK: 4 :WEEK
1 072874129057 GLOVE LEATHER PALM XL 1290) .`5.. 69 5. 69 5. 69
1 103 PROPANE 60 POUND REFILL -. ,;,"' '38 90 38 . 90 38 . 90
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 4 4 .5 9
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND
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 ;,N�;
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00
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 4 4. 5 9
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT ,,w; �., (eft . CELL AMT BILLED 44 . 59
LEASED BY X PHONE
17-AUG-12 08 : 51: 34
EQUIPMENT
RETURNED BY X � , RENTAL FEES DO NOT APPLY TO PURCHASES.
.- ��
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknovrledgcs that r has Dad an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition.,and that Customer understands its Draper use.Cus�omei further acknowledges its
duty to inspect t':I equipmen?prior to use and nct y Fit inyon Equipment Rental Inc(hereirtaffer"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 a,assume the risks of.and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equiipmen:andior arising out of Runyon's negligence
Gus';met srial,!.demidv and defend Runyon against and hold Runyon harmless from anv and all claims,actions,suits.proceedings;costs,expenses,damages and liabilities including attorneys fees which(1)relate to injury or to destruction of
prcFe:ty,of bed iy injury,';Iness,sieknless,disease or death of any oerson(including employees of Customer),and(2)are caused by,of claimed to be caused.in whole of In part,by the equipment leased herein or by the liability or conduct(inciudmg
actve,passive,kr_rary or secondary)of Customer,its agents dr 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
r wti on Runyon is a named party In., Ruryon is alleged to be liab'.e or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon.,and Customer she,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 Ruryor as a party,.Runyon may elect to defend said action on its own behalf and Customer agrees
:hat a shall oe liable fcr all costs,expenses and attorneys fees incurred by Runyon in such defense.
4.Rental Charges andTerms.Equipment with hour meters:s a:nwed 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
'-outs in one day,Customer w,11 be charged for extra hours on equipment.Ore day is 24 hours or eight(8)hours running time. ?6 hours running time in 24 hours=a 2-day cnarge.2z 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 rem 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 wif't respect to which Customer executes a new Agreement).
6,Prohibited Uses. Use of the equipment in the'o lowing circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or it an illegal manner:(b)Use viper the equipments in bad repair or is unsafe;(c)
Improper,unintended use or misuse:(d)Use by arvote other titan Customer or its employees.without Runyon's written perm fission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.*ecuiprneni s full of feel wizen rented to Customer and must be returned to Runyon full or additional charges will apply.Also use of alternative fuels(Biod esel,E85,etc.)in Runyon equipment is prohibited Customer is
liable for all damages and repairs that resuif acm alternative fuel. Punyon checks the oil level in the equipment when it is rented to Customer, Maintenance of proper oil level in the equipment:s solely the responsibility of Customer.
6,Repossession.Upon a to:lute to pay rer,or othe,reach of this contract.Dealer may terminate this contract and take possession of and remove the goods from wherever they are.and Dealer aid his agents shat:not be liable for any c aurs
for damage or trespass arising ou•of the:i-mova c`the goods.
9.Tires.Customer s totalk, esoonsble foi all lire repa r It is Customers option tic check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10,Insurance. =inyon's n:suiar:ce does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment o-ice it:eaves Runyon's property and uhEl it has been returned to Ruryors property and
payment tics been ecc;ved.EQU:PMEN'MA''ONLY'BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON S LOCATION O HER THAN NORMA.BUSINESS HOURS REMAINS THE CUS70MEHS
RESPONSIBIL"'v.
11.Cleaning Charges. 'Ede pa ent:s 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 clay assign its rights under this Agreement without Customer's consent,but will!smart bound by all obligations hereir.Custoni-ay rot sub!aase or na r'he equipment w'thPUt
Runyon's wntter.permission.Any purported assignment by Customer is void
13.Time of Return. Customer's right to possession terminates on the excitation of the rental period("Due in"oa'e&time)and retention of possession.after this time constitutes a n ate,al ire a.^ 'tit s Agreement T-rre is c`the esserce it�P,s
',ores"e i.An;a>.ten_ior,m,st be rnutuany agreed upon in,,,n urg.
14.Late Return.Title to equipment is and shag 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 aria payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in 1116 event the Customer violates any of the terms ano conditions of this agreement,Runyon may collect damages together with reasonable attornev's fees,court costs and
rfctest of one and ore half(1'ri)detcert per month added to accounts over ten If 0)days old,reflecting an annual percentage rate of eighteen(l 8)percent.Customer agtees that this agteement is to be construed under the lases at the State of
lnc aria and that!'egai 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 fime
17.Waiver, Any failure by either party to enforce ary provision of this Agreement shall not constitute a waiver of sup provision or prejudice the right of either party to enforce such provision thereafter.
16.Damage Waiver.In consideration of IT i6 payment of additional rout•rlassif,ed as"damage waive'by Customer,Runyon agrees to,and hereby does,wave its right,or any right it might have against Customer,arising fern normal damage of the
-ertal property,normal damage to be determined by Runyon,Customer snail pay upon relurn of property rented a sum equal to 5%of rectal charge,This"damage waiver"does not include damage or loss of:he popery as a result of the negligence
of Customer or n 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 exceedino its
rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises.cuts.punctures or other causes inheient in the use of the equipment.It is understood the amount pad is not air insurance premium,and that this Provision does tot
represem an insurance policy or ac agreement to insure.No damage warier license,sales or use taxes are included in Runyon'a rental rates.They are extra.
19.Damaged.Dirty,or Lost Equipment.Customer agrees to pay to any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Punybti s possession:.Equipment lost,stolen or damaged
beyond repair will be paid for at its cur:ent list once 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 Runvor,or,at Runyon's option,by others,at a
chance of sixty-tve dollars(S65 Co)per hour plus parts.
20.Severability.The provisions of this Agreement shall be saveraUe so that the Invalidity,unenforceabilily or waiver of any of the provisions stall not affect the remaining provsior's.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment If Runyon',employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or 3s
emb ovees harmless for any property damage or petsonal'njuries,including damage and personal rrjunes attributable to the negligence of Runyon.
22.Property Damage. R,_nyon:s not respcnsi,ie 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.faxes or fines,required by or resulting from the Customer's use or operation of:he equipment.
24.Charges,Customer shall Day 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 m!es are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages 10 Customer's property or goods in storage or in transit,or for any pooerty lei or stored in the equipment,or elsewhere
it 176 rant tg!ocat:gn.Customer agrees not to hold Runvon I able for damages from down time,materials or other consequential damages resulting from the use of the equipment Customer releases and holds Pinyon,its agents arts emDloyees
harmless from acid age list any and all losses,liabilities.damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,ing.udmg,put not limited to any and an.fines,penaltieq and isms turps impcs6a by
any governmental entity and,to the extent act covered by insurance.ary c'afms or liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale cf title equipment by C tare. or its agents or emvop ees.
or'Or the confiscation of the equipment o',any governmental authority because of illegal or improper use.Customer shall additionaiy hold Runyon harmless for all loss,liability and expense in oxcess of the limits of iia1;;4tv povideg for hcre,n is a
,esu t of injury;death or property damage arising out of Customer's use of he equipment. Neither Customer nor any other user of the equipment shall oe deemeo the agent,servant or cmpioyee of Runyon for air:reason or any purpose During
'he term of this Agreement,Customer assumes full responsibility'or the equ:pmert to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is mada,o closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knock down of tables and chairs
If:his service is required.arrangements sh,%ol be made several days pror to delivery w;ih a special charge quoted.If no arrangements are made and this service is desired on delivery.0u•driver must call for authorization.:f time permits,we will
try to accommodate you after quoting the price Or pack up where no prior arrangements have peen made and rental items are not knocked dorm and assembled in one sheltered area.tables and chairs;till be:eft until the next day.when a spe al
crew cart be schcduled.Th e,e wil:be,an additional one day remal.A knock down fee will result if rental items are still up.
27.Waiver of Jury Trial.Each party avn ves its rig"m to a,cry trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to all disputes that may relate to the subject matte,hereof
ircjudfng.withrut:imifatior,contract,tort broach of cuty,and all other common jaw and statutory claims,and will not be subject to any excep-,ions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges that
he/s.ie t has hag a,easaiable cpportu:ity to discuss th s war ver and its effects with legal counsel.Accordingly,each party knowingly,voluntariv,irrevocably and unconditionally waives its jury trial rights.
26,Tickets,Fines and Penalties.You agape to fu:iy and promptly pay a?i fires,penalties.parking tickets,traffic tickets.tolls.court costs,attorneys'fees arid other charges assessed during the Term In connection with the use,park fig storage,and
or ao:soss!on rut ice Eawpner',legaidicss ct the identity of The driver of any vehicle You rent from Us.
29.Trailers and Towing.The c:sto,rer.s responsible for inspecting and maintaining the;railer coupling mechanism,safety chairs,all lie downs,pins and lights In a safe and secure conditon whie i their possessio i Cusror;;e an.r"6 riot rc To:v
an.;tra fie,:eMed from LESSOR'DEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medicaicn,alcohol,or illicit drugs.
30.Headings.The headings used hereir are sole'y for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales era also governed by the parties Equipment Purchase Agreement.If tie Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from trte Equipment Purchase.Agreement prcva'!.
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 UMITATION,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 RESPONSIB'E FOR ANY SPECIAL,'INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQuIPf,!.ENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES 0=THE LAW OF CONTRAC-S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The custon,,.er is':able for at snipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.Thls policy also applies to warranty returns.As
stated'o the Runyon"Return Policy:'whert customers return an firer^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 subje:;t to a 26%(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 conditiors other that,brand rev:will pre charged 50°;restocking fee of the total amount.All returns must be property boxed before they are returned.It's the customer's responsibility to report any damages/shortages within 48 hours
of receiving tr:e product.Runyon wil'not accept claims 48 hours ettar 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
ret:rr..rg merchandise.Runyon s MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an I for returns on used or damaged products.Any
freight related damage most be noted or,tie signed Bill of Lading A`THE TIME OF DELIVERY.The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seder represents and warrants that(a)Seiler has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has mood and marketable title to the
zQ6pmert:and(r,)on the rarisfer Date,Seiler will convey the same t0 Buyer(save only for the purchase money lien,if any,to be retained by S611ar should Seiler.at its sole option.,elect to finance all or any portion of the Purchase Price).Buyer
represents and vvarrarls that(�)Buyer rtas ai necessary right,power and authority to enter into and perform the transactions referenced herein;(it)Buyer has selected and carefully irspected and examined the Equipment and found the same to be
acceptable to B;iyer in all respects based on cuteia estabiished sorely by Buyer and not based on ary recommendation by Seller,and(in)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
user manuals,and other f itornnafiort(incuding all training MCUired under applicable OSHA and/or ANSI Standards,it any regarding the proper and sae 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
A property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
QUIPM£N7 RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
41 G W Carmel Drive a Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CARMEI.•f15HER5 a INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The patties agree that in the event the Rentee violates any of the terms and annditons of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(I V2)percent per month added to accounts overran(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment.The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm a Saturday 7:00 am -4:30 pm a Sunday 9:00 am -3:00 pm
RENTED-'TO JOB .I;OCAT;IONI. i=r' TICKET', #.'
CARMEL STREET DEPARTMENT # 503
3400 WEST 131ST STREET Con# 239790
CARMEL IN 46074
Loc 100
_ _... SSN`;; :PHONE.._;
W (317) 733-2001 OUT 08/16/12 10 :25 AM MS
F (317) 733-2005
ID#3 '.,.' ' PO/JOB.#. "". REdEIVED,'�BY
BENTLEY, JAMES 08/16/12 10:29 AM MS
**FINAL** Page: 1
QTY ITEM#
EXT ,AMT NET AMT
MIN.: HOURLY_ OVNITE 8"-HOUR - :.DAY"+ WEEK-, 4 WEEK `
2 101 PROPANE 30 POUND REFILL 2`0.. 90 41 . 80 41 . 80
N.'4
IFTHE EQUIPMENT IS NOT RETURNED BY"WE 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 41 . 8 0
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND
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 :•4G-N4'!.; - Addl TAX .0
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND SALES TAX 0.00
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT DEPOSIT 0.00
RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 41 . 8 0
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT ",�{ ,r.1; CELL AMT BILLED 41 . 80
LEASED BY X ' ""+: PHONE
16-AUG-12 10 : '119 51
EQUIPMENT
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES,
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply X ,A-
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runvon Eau►Dment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1,Inspection.Cue Omer acknor.-iedyes:has 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 10 aspect In::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 1`i ENDED USE,OR THAT
IT IS FREE FROM DEFECTS. J`
3.Indemnification. Customer agrees:o assin-is the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberrnent.caused by the equipment andrer arising out of Runvons negligence.
Customer shall r:demn fy and defend Runyon against and hold Hunyon harmless from any and all claims,actions,suits,proceedings.costs,expenses,damages and liabilities including attorneys fees which(t)relate to injury or to destruction of
propel a;,or bocf;y 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 par€,by the eeuipment!eased herein:or by the liabil y or conduct(including
active,Dassiva,prin-ary or secondaty)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,a,its own cost or expense,defend Runyon against all suits or proceedlnas commended by anyone
h'ch Runyon is a na^1ed party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged ac:or omission by Runyor,and Customer sl`al'be liable and responsible for all costs,expenses
agd at;rne,,s zees ncurred in such defense arndior sett:e.menf.jL�drgl'tent or other resolution. In the event that such action is commenced naming Runyon as a party,Runyon n:ay elect to defer l said action on its own behalf and Customer agrees
that shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipmeni wit^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 snift. If Customer runs the equipment for over 8
,curs in one day,Customer will be charge;:for extra hours on equipment One day is 24 hours or eight(81 hours running time. 16 hours running time n 24 hours-a 2-day charge.24 hour;ncornng time in 24 hours=a 3-day charge
5.Future Rentals.Customer acknowledges that the termns of this Agreement will be deemed to apply td'a'!Equipment Customer may Toner or purchase from Runyan:.,whether on the date of this Agreement or at any time in the future(except only
as to any Equipment and/or other terns wat:�respect to which Customer executes a new Agreement).
6,Prohibited Uses Uwe of the ecd:pmeru Ir the to!ow:ng 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 epair or is unsafe;(c)
Improper,unirnended use or misuse id)Use by aryore other thar:Customer or its employees.without Runyon If written permission;(e)Use at any location other than fhe address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.AI:ecu0nerl:s full of foci when rented to Customer and must be returned to Runyon full or additional charges will apply.Also.use of alternative fuels(Blod esei.E85 etc.)in Runyor,soc!pment is prohibited.Customer Is
able for all daragas aril repairs:hat rn;tilt`loin arterra'iv2 feF. Runyon checks the oil]eve;in the equipment when it is rented to Customer.Maintenance of proper oil level in:he edL.lp.msint:s sol-ly The responsibility of Customer,
S.Repossession.Upon e t:a'L,re to pay ism or care,breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever They are,and Dealer aqd his agents shall rot be!able for any carts
'or damage or Despas=_arising out of the zernova of the goods.
9.Tires. Custrmer:s totally c-spcns:b6 for al tire repair IT is Customer's option to check over the fees before the equipmert leaves and notify Runyon of any irregularities spotted.
10.Insurance. Ranyon's nsurance does no:cove,equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Rurvon's property and tint!it has been returned to Ruryon's property ant
payment.as be n'ece:ved EOU:PME NT MAY ONLY BE RE PURNED DURING NORMAL.BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMA'BUSINE=SS HOURS REMA!NS T HE CUSTC"ERS
RESPONSIBIL17Y
11.Cleaning Charges. Eourprrert s 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 Geanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rigms under this Agreement without Customer's consent,but will remain bound by rut obligaj neWi,Customer may not subease,or loam the equipment:+,tho;tt
Runyon's:varier,permission.Any purported assignment by Customer is void
13 Tfine cf Return. Custo^e s ql;t tb pgssoss on termimsies tin I e exprato^,of the rental pence('Due In"date& nel and retention of possessior after this time constitutes a-a'er:al C:aac,of th's.Acmement T:mc is r`the esse�ea In trine
h4iee e:a.Any exte�tsier.mast be mutual4v agreed upon:t wafting
14.Late Return. title to equ.prrent is ano steal:at all times remain vdiIh Runyor:. Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(thefq.
15.Time of Payment.Accounts are due and payable at the termination of the rental period
16.Violation of Agreement and Venue Casts. Customer agrees that in€ie event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
interest of one and one half(I',-z)percent per morn 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
ndiana and that T legal action is brought to enforce this agreement,that Hamilton County,Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a iater time.
17.Waiver. Any(allure by wither 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 adortional rent classified as'damage waiver"by Customer,Runyon agrees to,and hereby does,we ve its right,or any right it might have against Customer,arising front normal damage citrus
rental property,norita:damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%o'rental charge.This"damage waiver'does not include damage of loss of:hc property as a result of the negligence
of Customer or in the case of abusive damage.:heft or other gross negligence of Custome-.phis damage waiver shall not apply to reckless.careless or abusive operation or Ilse of the equipment.use or operation of this equipment exceeding its
rated cabaglny.or damage to tires.tubes aid wheals caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment It s understood the amount paid is not an insurance premium,and that this provision does not
epresent an insurance policy or art agreement to:rsure.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:ear.while the goods are out of Runyon's possessior.Equipment lost,stolen or damaged
beyond repo!:^,t::be paid for at its current list price plus the cost of rental tip to the time of reporting the loss or theft to Runyon,T he cost of repairs will be borne by Customer,whether performed by Runyor,or,at Runyon's optior,by others,at a
charge of sixty-five dollars 1S65.00)per hour plus parts.
20,Severabiliity.-`ha provisions of this Agteemert shall be severable so that the inva!iditv,unenforceabilry 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 Ruryon's employees assist In loading or unloading the equipment,Customer agrees to assume The risk of and hold Runyon and/or its
amp:oyees harrrdess for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits.Taxes and Fines. Customer shall be solely responsible for payment of any fees.licenses,permits,taxes or fines,required by or resulting front 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 mires ore actually used.
25,Other Liability.Customer assumes all asks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment or eisewhere
in Ina renting location.Customer agrees not tint 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 ail losses,liabilities.damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including.out not limited to any and a i fines,penalties and forfeitures Imposed by
any govemrnental entity,arid,to the exicnt pot 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:he 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 tit 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 emp cycle of Runyon for any reason or any purpose During
this term of ITT,Agreamem,Customer assumes full responsibility for the equipmert 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 brine is involved.Our service does no;include set up and knock down.of taoles and chairs
1�This servlee is required,arrangements shcudd be made several days prior to delivery with a special charge quoted.If no arrangements are made and this seirv'ce is des'red on delivery,cur driver must call for authorzafion.If tfrie permits,we will
try to acccmm_- at you after quoting fhe price.Or pick up where ro prior arangemems have been made and rental items are no;knocked down and assembled In one sheltered area.tables and chairs w I Dis eft until the next day,vhen a special
crew tar be s'ared,Ilnt d.Thee veil be,an addoonal one day rental.A knock down fee will result if rental Items are still up.
27.Waiver of Jury Trial-Each party wa'v---s:to right to a)ury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to aft disputes that may relate to the sub'ect matter hereof
c duding w°iho,a'Imilauor,contract,€ort,breav i a duty and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A1 understands that this is a waiver of:mpor:am legal rights and E)acknowledges that
"e:s.neiit 1as had a reasonaole orporturiny to mrscuss t.:s waiver and its effects with legal counsel Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its ury!real rights.
28.Tickets,Fines and Penalties.You agree to fu:y and promptly pay al:fines penalties,parking tickets,traffic tickets,tolls.court costs,attorneys'fees and other cha ges assessed durirnq the term in connection With the use.parking,storage,and'
c;obsess nn nt the inqu!p:mer.regardinss of the dentty of the driver of any vehicle You rent from Us.
29Sraiters and Towing.The customer is responsible for tnspecung and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and ilgnts.n a safe and secure condition;vnile.n their possessio i.Customer agTees tot to tov':
a-ry iratie:rented tmm LESSOR,DEALER(a)In a careless or negligent manner,(b)at excessive speed or(c)wniie under the influence of medication,alcohol,or illicit drugs.
30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties Equipment Purchase Agreement.If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent.then..the terms from the Equipment Purchase Agreement prevail,
AS-IS-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING,WITHOJT LIMITATION,THE IMPLIED
WARRANNTiES OF MERCHANTABli lTY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE QF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE r-OR ANY SPECIAL,!NCIDEtd AL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEOH.ES OF THE uk`J GF CONTRACTS
OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:Tne customer is liable for all snipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This pol cy also applies to warranty returns.As
stated ir.the Runyon"Return Policy",vhen customers return an lien,rr items for credit,a 254,restocking fee will be charged to your account,plus all applicable inbound and outbound fredri.This policy also applies to shipments refused and rehired.
AIj canceilafons of whole goods are suDject to a 25%(of total invoked order;cancellation fee on In stock items from Runyon locations ONLY Return shipping of the product is not refundaole.All parts purchases are non refundable.Arty shipment
:ace:ved In c ondifrcns other;hat,brand new will De cnarced 50 restocking fee of the total amount.All returns must be property boxed before they are returned.Its the customer's responsibrity to report any damages/shortages within 48 hours
of receiving the crod;ict.Ru^yon wit:rot accept claims 48 nours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(NIRA).Runyon will instruct customers as to the best means of
returr,rg merchandise.Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA'or returns on used or damaged products Any
fre'ont related damage must be rioted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final,
REPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seiler has good and marketaba title to the
Equipment and(ct en the Transfer Date,Seiler will convey the same to Buyer(save only for the purchase money lien,it any,to be retained by Seller should Seller,at its sole option,elect to finance all or any portion of the Purchase Price).Buyer
represents and warrants that(i)Buyer has all necessary right,ocwer and authority to enter into and perform:the transactions referenced herein;(ill Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in ail respects pased or.criteria estab:Ished solely by Buyer and not based on any recommendation by Seller:and(Ili)Buyer has received,carefully reviewed and:s satisfied with.all available training,Instructions,operating ano
Laser manua:s,and other inforr:.atidn(including a!,training recurred under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use.maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent classified as'damage waiver'by the Rentee,Renter agrees to,and hereby does wane its right,or any right it might
®ly 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
rsulyy 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 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
=FT 6W 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 matenals,or covenants to use said property in a careful and prudent manner and
GARMEL•FIStiCF-5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 6 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one haft(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and a is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a toot- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of Income or any other
www.runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment
®pen 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
RE:niT.ED`. TO '.: = '1° JOB',:LOCATION jT
CARMEL STREET DEPARTMENT # 503 SHOP
3400 WEST 131ST STREET Con# 240521
CARMEL IN 46074
Loc 100
$SN': PHONE r x °r DATE,:v` :. '.4,;TIME .
i_. •.,
W (317) 733-2001 OUT 08/22/12 3: 35 PM WH
F (317) 733-2005
ID.03, 'POAJOB #; RECEIUED.;BY
SHOP PRIVETT, 'SHAUN R 08/23/12 10 : 09 AM JRR
k* :FI AEx-:
Page:
):NE•T''AMT
TY.i ,ITE7!# EXT..AI�I
AY.= :WEEK'' z1.;WE'EK
;MINI HOURLY -".OUNITE= '8-_HOUR -'.�` �D t�: ,,4.
1 00045 IIII FOOT SWITCH 085831401 ';•5:5. 60 55. 60 55. 60
1- 1008 SHIPPING AND HANDLING 9. 90 9. 90
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE,YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,EB5,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00
Customer is liable for all damages&repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 65.50 FULLY UNDERSTAND THOSE INSTRUCTIONS,I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I OTHER 0. 010
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 0. 0 0
BY RUNYON EQUIPMENT RENTAL. X
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0. 00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0•010
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.Go
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT S85 AN HOUR. TOTAL DUE 65. 50
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 65.50
EQUIPMENT T 9: 3 7
RETURNED BY X -.' _ RENTAL FEES DO NO`t P YTd URCHIASEV.
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
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges that t 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 na+fv Runyon Eouiprment Rectal 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 INTeN ED USE') HAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of.and hold Runyon harmless foi,property damage and personal injuries including death and dismemberment.caused by the equipment andror arising out of Runyon's negligence.
Customer snail:ndemtafy and defend Runyon agairs'and hold Punyon 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 cf
property.or bodi=y injury,liness.sickness,disease or death of any person'ndueng 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,prit any 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-semement,judgment or other resolution In the event that such action is commenced naming Runyon as a parry.Runyon may elect to defend said action on its own behalf and Customer agrees
that'!shall Ie i able for all costs,expenses and attorneys s fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment wit"hour^oters s allowed eight(8)hours use within a 24-hour period of time Rental rates for equipment are based on usage during tha eight(8)hour sh:ft. If Customer runs the equipment for over 8
hours in one day,Customer w:l1 be chargac 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-airy charge
5.Future Rentals.Customer ac,cnowfecges tt•at the terms of tF;s Agreement will be deemed to apply to a:!Equipment Customer may rent or purchase from Runyon,whetfier on the date of this Agreement or at any time in the future(except only
as to anv Equipment andror other nems witri respect to which Customer executes a n:.ew Agreement)
6.Prohibited Uses. Use of the equipment it the following circumstances is prohibited and constitutes a breach o`: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 mist-se:tut Use by anyone othe,'har 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.AI:eeupr^ert s full of fuel when'anted to Customer and must be returned to Runyon full or additional charges will apply,Also use of alternative fuels 0odiesei,E85,etc.;in Runven equipment is prohibited Customer is
hable for all damages and repairs that result from alternative fue' Ponyon checks the oil level in the equipment when it is vented to Customer, Maintenance of proper oil level in the equipment is solely the responstbai!y of Customer
8.Repossession.Upon a ra ic•e to pay rent dr other creach of ttis contract.Dealer may terminate this contract and take possession of and remove the goods from wherever'hey are,and Dealer and his agents shat'not be liable for any claims
for damage or trespass ansim:out of I.e removal of;he goods
9.Tires. Customers totally responsible for all tire repair t is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10-Insurance. Punyon's insurance does riot cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it nas been returned to Runyon's property and
payment has been rece;,ed.EQUIPMENT MAY ONLY B=RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON•S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY
11.Cleaning Charges. Equ pment is to be returnee to Runyon as clean as when it left A charge of sixty-five dollars($65.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by al;obligations herein,Cis-Omer may not sublease or loan me equipment wiiho.ri
Runyon's written permission Ary purported assigrmert by Customer is void
13.Time of Return.Customer's right to possession te•minates on the expiration of the rental period(`Due In'date&time)and retention of possession after this time constitutes a material breach of this Agreement Time is of the essence in this
Agreement.Any extension mast be mutually agreed upon:n writing,
14.Late Return.Title to equipment is and shat at all times remain:with Runyon Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft)
15.Time of Payment.Accounts are due and payable at the termination of the rental period,
16.Violation of Agreement and Venue Costs.Customer agrees trial in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorneys fees,court costs and
interest of one and one half(1!%)percent per montn added to accounts over ten If 0)days old,reflecting an annual percentage rate of eighteen(18)percent.Customer agrees that this agreement is to be construed under the laws of the State of
Indiana and that if legal action is brought to enforce this agreement that Hamilton County.Indiana,shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.In consideration:of the payment of additional rent classified as'Carnage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property normal damage to be determined by Runyon Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage'waiver"does not Include damage or loss of the property as a result of the negligence
of Customer a in the case of abusive damage the t o-other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment.use or operation of the equipment exceeding its
rated capacity,or damage to fires.tubes and::neels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is non an insurance premium,and that this provision does not
represent:an insurance policy or an agreement'o nsi 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.Ec imment lost,stolen or damaged
beyond repair wtl:he paid for at its current list price plus Ina cost of rental up fo the lime of reporting the loss or theft to Runyon The cost of repairs will be borne by Customer,wheme•performed oy Runvon,or,at%rayon's option,by others.at a
charge of sixty-five dollars($65.00)per^our plus pars.
20.Severability.The.provisions of this Agreo^lent sha:I be severable so that the:nvaiidity,unonforceabilay or waver of any of the*provisions shall not affect the remaining pfovsons.
21.Loading and Unloading Equipment. Customer is responsible`or loading and unloading equipment. If Runyor.'s employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon ardlor its
employees tearless for any property damage or personal injures,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage. Runyon s not responsible for any damage-whatsoever as a result of on-the-job deliveries or pck-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines-Cusomer-shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customers use or operation of 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 re`und or reimbursement is due Customer in the event that fewer
days ands;r miles are actually used
25.Other Liability.Customer assumes all risks from the improw use If Ire equipment Customer is responsible for damages to Customers property or goods in storage or in transit,or fm any property 10 or stored in the equipment.or ezewhere
in the tenting locanon.Customer agrees not'o told Runyon liable for aamages f•om down time,materials or other consequential damages resulting from the use of the equioment.Customer releases and holds Runyon.its agents and employees
liar.^less from avid aga nst any and a!!losses,tab it.es,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 governments;entity,and,to the extent not covered py.nsurance.any claims or liabilities tp 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 equioment by any governmental authomy because of illegal or improper use Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess o'the limes of liability provided for heron as a
result of injury death or property damage arising out of Ca,omen's use of'hie eduipment 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 terra of his Agreement,Custome"assumes full responsibility for tre equipment to the bublic and any regulatory body having jurisdiction,
26.Delivery/Pick Up.Delivery is made to closest point€r ck can park.Extra charges will result in deiiveries to upstairs,elevator use or any point where extra time is involved,Our service does rot include set up and knock down of fables and chairs
If this service is required,arrangements should oe made swvarai days prior to de ivery:v th a special charge quoted.If no arrangements are made and this service is desired on delivery,our diver must call for authorization.If time permits,we will
try to accommodate you after quoting the price,Or pick up where no tenor arrangements have been made and rental Items are trial knocked down and assembled in one sheltered area,tab.es and chairs wtl be left until the next day when a special
crew cat be scheduled.There will be ar addtignal one day rental.A knock down fee will result if rental items are still up.
27.Waiver of Jury Trial.Each party waives its haht to a ury rnal of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This.waive pertains to a disputes that may relate to the subject matter hereof
including without rnntafior,contract,tort,b,eacn 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 vnportar:legal rights and(B)acknowledges that
ife,she.',t has had a reasonable opportunity to discuss th s,laver and its effects with legal counsel.Accordingly,each party knowingly voluntarily,irrevocably and unconditionally naives its iury rai rights.
28.Tickets,Fines and Penalties.You acres to toy and promptly pay at:f,nes.penalties.parking tickets,traffic tickets.'Ills.court costs,attorneys'fees and other charges assessed during the Term in connection xinh the use,parking,storage.arid'
or possession of the Equipment,regardess of the denuty If the driver of any vehicle Yeti rent from Us.
29.Trailers and Towing.The customer s responsible for inspecting and maintaining the trailer coupling mechanism,safety chairs,all tie downs,pins and lights m a safe and secure condition while in their possession.Customer agrees riot to tow,
any tra ler rented from LESSOR'DEALER wa,,in a careless or neg,igent 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 conven'ent reference and shall not be used to construe o"affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parses E+ p lent P+„m ase Agreement If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent.then Ina terms from the Equipment Purchase Agreement praval
AS4S-NO WARRANTY:THE IIVARRANTY IS-HE SOLE AND EXCLjS VE:VARRANTY APPL CABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,iNCLUD NG,'WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF Ms RC yANTAB!�ITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFI'_!ATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE=0R ANY SPECIAL_.INCIDENTAL OR CONSEQUENTIAL DAMAGES A°ISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEOR ES OF THE LA:N Or CONT--ACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:The custer:ar is table for ail shipping costs when returning or exchanging an item to Runyon,unless me product has been damaged during sh pp:ng.This policy also applies to warranty returns.As
stated in the Runycr"Return Policy"when customers return ter.item or temis for credit,a 25" restocking fee will be charged to your agcour:*;;plus all applicable.no-pund and dutogurd fire:gnt Ths policy also apples to shipments refused and returned.
All cancellations of whole aacids are subject to a 25%,of total.nvo:cea order)cancellation fee on in stock items from Runyon locations ONU.Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
received in condiVors oinet than brand noun.,,ill-e charged 50%ras!dckmg fee of the total amount.All returns must be properly boxed'before they are returned Its the customers resoors bi ity fo report any damagaslshonages within 48 hours
of receiving me predict.Runyon wit rot accep,claims 48,tours 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 pf
returning merchandise.Runyon's MRAa are alid 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 mast be noted or tie signed BN of Lading AT 1 HE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Belie,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 lc)on the Transfer Date,Seller will Canvey,the same to Buyer(save only;or the purchase money!iet,it any,to be retained by Seller should Seller,at its sole option.,elect to finance all or any portion.of the Purchase Price).Buyer
represents and warrarls that:(1)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;oil 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 arty recommendation by Seller;and Ni)Buyer has received,carefully reviewed and is satisr ed with,all available tra ntrg,instructions,operating and
user manuals,anC ctser infdr aficr(including aF training required under appi:cable OSHA andior ANSI;Standards,if any)regarding the proper and sale transportation,use.rtain!enarce,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
YON —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
U 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 reckless,careless or abusive operation or use
1 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 aninsurance
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
CAFM£L•F15141£R5•INDIANAPOLI5 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any,of the tem>,s and conditions of this agreement,ft Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
Don►be a toot- Rent one„ warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com Incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
"CUS.TOMER` JOB LOCAT20N T,3CKET'"#.°
CARMELISTREET DEPARTMENT JIM 691-6725
34.00 WEST 131ST STREET W/O# 240452
CARMEL IN 46074
” SSN:: PHONE°
W (317) 733-2001 09/05/12 WH
F (317) 733-2005
I7#3• PO/JOB ;_#$ r ORDEREDI'B'kf
KH MIKE WLLLIAMSON 08/28/12 MS
^WIO FINAL-` Page: 1
ITEM" # DESCRIPTION-: is. BRAND'/MODEL'#:,.:
BOBCAT DEMO HAMMER BOBCAT DEMO HAMMER N/A
WORK TYPES 0001 CUSTOMER WORK
,k-k k*k PARTS k *t
USED ITEM DESCRIPTION ' NET AMT
,k
LABOR-, ..k,.. ,
1: `HOURS NET AMT
1 . 00 175.00
NOTES rechargei.ng ji.Tn 6,91-672>5`•,
may have sloes 1-eak and'=need resealed
----- Payments ------
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTIO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. PARTS O.Go
is liable for all damages&repairs that result from alternative fuel
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I LABOR 175.0'0
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I SALES TAX 0.010
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS,
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OF THE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL AMT 175.00
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR.
EQUIPMENT CELL
LEASED BY X PHONE AMT BILLED 175.0'0
EQUIPMENT Q 5;2 9
RETURNED BY X RENTAL FEES DO NOT�P��OI�URCH SES.
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
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges iha'r'has had an opportunity to personally inspect lne equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer furtnE•acknowledges it:
duty to inspect its aquipmen:prior to use and notify Runyon Eau pment Rental Inc(herenafter'Runyon')of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrses'o assume me risks Of,and Fold?unyon harmless fur,property damage and personal injuries,including death and drsmember:rent.caused by the equrpmen'and'or ansirg out of Runyon's negligence
Customer s-:all rdemhify and defend Runyon against and hold Runyon harmless from ary and all claims,actions.suits,proceedings,costs,expenses.damages and habilAies including attorney's fees which(1)relate to injury or!o desnu-ton c!
property or ii injury,sliress sickness,disease or death of any person?includirg employees of Customer),and(2)are caused by.or claimed to be caused,in whole or in par;,by the equipment leased heron or by the liability or conduct(inc!udrnc
active,passive,prit ary or secondary)of Customer,its agents or employees,or anyone nor whose acts any of them may be liabie.Customer shall,at its Own cost or expense,defend Runyon against all suits or proceedirgs commenced by anyone
in which Runyon is a named party for which Runyor is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or emission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees i:pried in such defense and'Dr le Ie^ant,judgment err ether resolution In the event that such action is commenced naming Ruryor,as a party.Runyon may elect to defend said action on its Own behalf and Customer agrees
:hat shall De:!able for all crisis,expenses and attorneys tees incurred by Runyon in such defense
4.Rental Charges and Terms. Equipment with hc�ur•'eiers:s of awed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are Dased on usage during this eight(8)Four shaft. If Customer runs the equipment for over 8
hours in one day;Custome•vrll be charged for extra hours on equipment.One day is 2-hours or eight(8)hours running time. 16 hours running time:n 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 th:s Agreement will be deemed to apply to a!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 wrtn respect to which Glustemer executes a r:.ew.Agreement).
6.Prohibited Uses. Use of the equipment it the foliowing circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner:of Use whet the equipment is in bad repairer is unsafe;(c)
Improper uniftendao use or mouse fit)Use by aryone other that-Customer of is employees,without Runyon's written permission:(e)Use at any location,other than fhe address furnished Runyon without Runyon's Britten permission.
7.Fuel and Oil Levels A'ecu-pmert s full of fuel when rer;ed in Customer and must be returned to Ruryor,full or additional charges Wit apply Also use of alternative fuels(&od!esel,E85.etc.;in Runyon ea Ipmenf is prohibited Custorer Is
Fable for ail damages ad repairs teat result trom aced raave fee' q inyon checks tie o:'level in the equioment when ii is rented to Customer Maintenance of proper oil!eve!in the equip—ent is scleiy the responsib lity of Customer
8.Repossession-:.'Pon a'a:: re to pa_,rent or other preach of th s con tract.Deaer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents snai.rot be table'or any clar.?'s
for damage or r,esp,:ss arcs n;;u:of tre removal o':he gcoas
9.Tires. C!Venter s io'alrr resp0113:b!e for all tire repair. t;s Customers option'70 check over the ties before the equipment leaves and notify Runyon of any irregularities spotted.
10.Insurance. Ranv--ris;surance does not cover aquipmew while in Ccstomers possession. Customer is responsible for insuring the equipment once it:eaves Runyon's propery and unto!ff has been returned to Runyon's property and
payment has been r2 e::ed ECU!PMEN-Mgt ON[Y BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILf"Y
11.Cleaning Charges. Ei,u pctent is to he ret f ned 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."anyon may assign its rights under;his Agreement without Customers consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipmert without
Runyon's written permission.Ary,purported assignment by Cuslcmer is void
13.Time of Return. Customer's right to possession terminates on the expiration of the rental period('Due n'date&time)and retention of possession after this time constitutes a material breach of this Agreement Time is c'the esserce in this
Agreement.Any extensionn mast be mutially agreed upon;n writing.
14.Late Return.Title to eq npment is and s'ral;at all times remain with Runyon.Failure to return the equipment cry 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 tnat in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
interest of one and one half(1!%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 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,Iass4ied as"damage watver�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 Cos',,met shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or oss of the property as a result of the negligence
of Customer er 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
fated capacity.or damage to:fires,tubes and::heels caused by biowou',bruises.cuts,punctures or other causes inherent in the use of the equipment.It is understood fhe amount paid is nor an insurance premium,and that this provision does not
represent an j,surance oplicy or air agreement is nsuie.No damage waiver license,sales or use taxes are included n Runyon's rental rates.They are extra.
19.Damaged.Dirty;or Lost Equipment.Customer agrees tic pay fo,any damage to or loss of the goods,regardless o'cause,except reasonable wear and tear,while the goods are out of Runyon s possession.Equipment lost,stolen or damaged
beyond repa r wilt be paid`or at its current list prce plus the cost of ental up to the time of reporting the loss or theft to Ruryor,The cost of repairs will be borne by Customer,whether performed by Runyon,or,at±:rayon's option,by others,at a
charge of sixty-tve collars(565.00)per hour plus pars
20.Severability.The provisions of this Agree lie tit sh21 he severable so inlet the'nvai dity,unenforceability or we ver of any of'he provisions shall not affect he remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible-or loading and unloading ecar meat If Runyor's employees assist in loading or unloading;he equipment,Customer agrees to assume the risk of and hold R,inyon ardor its
employees nar^less for any property damage or Dersdnal injuries,including da•nage and personal rrines attriDutabre to'he negligence of Runyon.
22.Property Damage. Runyon is not resportsib,e tie,a.ny damage vv hatsoever as a result Of on-the-job ceiivenes or pick-up oy Runyor,.
23.Fees,Licenses,Permits.Taxes and Fines. Customer shat,be sc e!y responsible for payment c`any fees.licenses,perrn:ts,taxes or fines,required by or resulting from the Customer's use or operation of the equrpmen:.
24.Charges. Customer shall pay all charges rec iced once"fits Agreement upon demand.Cus.:mer agrees that mileage and time charges are minimum charges only and that no re'und or reimbursement is due Customer in the event that fewer
days anc+tar m'es are a�tually used
25.Other Liability.Customer assumes all tisks from the imprope•use of the eccpnient.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any proper ry le`t or stored in the equipmerr.or e:sewhere
in the renting location Customet agrees not'o hold Runyor,liable'or damages from down time,ri-aterals or other consequential damages resulting from the use of the equipment.Customer releases and holds R.inyon its agents and employees
harmless from and age rest any and all losses,hab.!rties,damages,injuries daims,costs add expenses arising out of Customer's use or possession of the equipment.including,but not tmited to any anc al'fires,penalties and forfeitures imposed by
any goventmenta'entity,arid,to the extent not covered oy=insurance,any caii s or liabilities to third parties arcing out of'he 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�mproper use.Customer shall additionally hold Runyon harmless for all toss,liability and expense n excess o'the limits of liability provided for herein as a
result of ryi,ry.death or properly damage wising out of Customer's use-if:he equipment Neither Customer riot any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any lesson or any purpose.Durrq
the ter r of This Aereement,Customer assumes v!I responsibility for the equip^ent to the public and any regulatory body having jurisdiction.
26.DeliverylPicil Up-Delivery s made to closest coin(truck can perk Extra charges will result in deliveries to upstairs,eievaior use or any point where extra time is involved.Our service does not include set up and knock do.,r of taDles and chairs.
If this service is required,arrangements sho-rd be made several days prior to de:very with a special charge quo ea,If no arrangements are made and this service is desired on delivery,our drover mus'call for authoezaoon.if tp e permits,we will
try to accommodate you aher quoting the price,Oil pick up where no prier arrangemems have Deer,made and rental items are no:knocked down and assembled in one sheltered area.taxes and chairs will be left until the next day when a special
crew can be scheduled,There ml!be an additional one day rental.A Knock dorm lee writ result if rental items are still Lip
27.Waiver of Jury Trial.Each party:valves its fight to a urv'rial Of ar dam or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to a'!disputes that may relate to the subject matter hemcf.
includinc,e.ithout inutatior.,contract,tort,b•eacn Of duty.and all other common.law and statutory claims,and will not be subject tip any exceptions Each par;(A)understands that this is a waver 0f:mportart legal ridhts and(B)ackre.;Iedges Cnat
ha'she;k has had a reasonable opportunity to discuss this wa^aer and its effects with legal counsel Accwrdinq'y,each party knowingly,voluntarily,irrevocably and unconditionally wares its tury trial rights.
28.Tickets,Fines and Penalties.You agree to fully and pmanthr pay al.fines Dera'hes.parking tickets,traffic tickets,'oils,court costs,attorneys'fees and other charges assessed during the-.arm in connection sy,:h the use,parking,s'ofage,and:
or possession of the Equipment,regardless of the idan'iry of the driver of any vehicle You rent from Us.
29.Trailers and Towing.The customers responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and sghts in a safe and secure condition while in their Customer agrees not to few
any tra!e,rented from LESSOR.'DEALER(a)in a careless or negligent manner(b)at excessive speed or;ci'wor e under the influence of medicat.fan,alcohol.or illicit drugs.
30.Headings.The headings used herein are solely for convey eft reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the bar ties'Equipment Purchase Agreement. If the Equipment Purchase and the Terris and Conditions previously enumerated are inconsistent flier,the terms hom the Equip^:eat Purchase Agreement prevail.
AS-IS-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUS VE WARRANTY APPU€CABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,;NCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFI_IATED 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 THERR ES OF THE LAW OF CONTRACTS OR TORT
RETURN POLICY FOR PURCHASED ITEMS:The customer'stable to,a!'shipping costs'when raturring or exchanging an item to Runyon,unless the product has been damaged during shipp ng.This policy also applies tic warranty returns.As
stated:r%the Runyon"Return Policy:"when customers return an rte•or items for credit,a 25%restocking fee will be charged tic 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 unvoiced order)cancada'ion fee on in stock'Ilems from Runyon locations ONL'f.Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
rece ved in conditions other than brand new will De cnaroed 50%restocking fee of the ictal amount.All returns must be properly boxed before they are returned.It's the customer's respons bi'ry to report any damages'sho:aces within 48 hours
of recentnc the product.Runyon wil!riot accept claims 48:)ours 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 merchand,se.Runyon's MRA's are:valid for 30 days after issuance,I are hot valid after the 30 day time limit expires Runyon will absolutely not,under arty circumstances,issue an MRA for returns on used or damaged products.Any
freight related damage most be noted on the signed Bli of Lading AT THE TIME OF DELIVERY,The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seder represents am warrants that:(a!Seiler has all necessary right,power and authority to enter into and perform the transactions referenced herein.(b)Selzer has good and marketable title to the
Equipmert.and(c)on the Transfer Date,Seller will convey the same to Buyer(save only'or the purchase money lien,if any,to be retained by Seller should Seller,at its sale option,elect to finance all or any portion:of Me 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 he Equipment and found'the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(ii)Buyer has received,carefully reviewed and is satisfied with,all available training.instructions,operating and
user manua!s,and other information(including a!'training required,rider applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,,use,maintenance,repair and stDrade 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,ansing from normal damage of the rental property,normal damage to be determined by Renter The undersigned shall pay upon return of
AA property rented a sum equal to 5%of rental charge.This'damage waiver'does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not 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
EQUIVMENT RENTAL other causes inherent in the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Camel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,'If a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
GA(LM£L.•FISH£IL5•INDIAN"01-15 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half If 12)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it Is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or Implied,including any implied
"Don't be a toot- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com Incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm
RENTED !
--TIP
CARMEL STREET DEPARTMENT # 503 BLACKFORD
3400 WEST 131ST STREET Con# 241005
CARMEL IN 46074
Loc 100
;�- .•=d "�,: ;gDATE=;i.''.'z; ,}:;'TIME:;
W (3 17) 733-2001 OUT 08/28/12 8 :51 AM TT
F (317) 733-2005
ID#3 00
BLACKFORD PRIVETT, SHAUN R R TURNED 08/28/12 2 : 31 PM MS
***FINAL*** Page: 1
r# �:A e: `•K:;�- EXT=`AMT:
Rr.v
DAY WEEK ` i4 -
b1IN HOURLY �OVNIT'E ,8:-HOUR" _
1 8797-0000 EXCAVATOR BUCKET 35N B 18" 0 . 00 0 . 00
1 8786-0007 EXCAVATOR 35N 1014" DIG 27 HP 250 . 00 - 250 . 00
$200 . 00/4 250 . 00 250,. 0;0` .. 7:2'5;","00 "1980 . 00
Rental Note(s) CUSTOMER,,IS- "RES,PONSIBLE-, FOR TRACKS IF THEY. COME
OFF MACHINE
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 250 .
Customer is liable for all damages&repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 0.00 _
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND
THAT RUNYON EOUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON I OTHER 0.00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X DW/FEES 12 .50
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE, I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0 .00
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0 .00
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
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT S85 AN HOUR. TOTAL DUE 262 .50
EQUIPMENT �,, _ CELL
LEASED BY X PHONE AMT BILLED 262 .50
EQUIPMENT
RETURNED BY X RENTAL FEES DO NOT2A'f LO�6RC4S31: 2 9.
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
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1,Inspection.Customer acknowledges that it has had an opportunity to personally inspect the equipment arid finds it suitable for its needs and in good condition,arid that Customer understands its proper use.Customer further acknowledges it
duty to inspect the equipmen: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 liar—less for,property damage and personal injuries,including death and 6smemoeri-^ent caused by the equipmen'and/or arising out of Runyon's negligence
Customer shall•ndemn;fy and defend Runyon agains'and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which 11)relate to injury or to destruction of
properry.or bod y injury,illness,sickness,disease or death of any person(incluerr:g employees of Customer),and(2)are caused by.or claimed to be caused.in whole or in part,by the equ:prnent leased herein or by the liabil:ty or conduct(incudinc
active,passive,pri—ary or secondary)of Customer,its agents or employees,or anyone'tor whose acts any of them may be liable.Customer shall,at its own:cost or expense,defend Runyon against all suits or proceedirgs commenced by anyone
in wh ch Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shat:be liable and responsib e for all costs,expenses
and at orney's fees incurred in such detarse and'dr se Bement,judgment or other resolution. In the swot that such action is commenced naming Runyon as a parry.Runyon may elect to dafane said action Dr.its D.vn behalf and Customer agrees
that a shall De liable for all costs,expenses and affoatey's fees incurred by Runyon in sdch defense.
4.Rental Charges and Terms.Equipment with hour, eters is aPO::ed eight(8)hours use witnin a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shaft. If Customer runs the equipment fo,over 8
hours in one dal;Customer:::I be charged for extra nours on equipment.One day is 24 hours or eight(8i hours running time. 16 hours running time[n 24 hours=a 2-day charge.24 hours running time n 24 hours=a 3-day charge
5.Future Rentals.Customer acknowledges teal the terms of this Agreement will be deemed to apply to ail Equipment Customer may rent or purchase from Runyon.,whether on the date of ttiis Agreement or at any time in the future(except only
as to any Equipment and/or other ems 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;n an illegal manner.(b)Use wher the equipment is in bad repair or is unsafe;(c)
Improper,unintendea use or ms,sal:lilt Use by anyone other thar Customer or as employees.without Runyon's written permission;(e)Use at any location other than the address furnished Runyon without Flinyon's written permission
7.Fuel and Oil Levels A:'asi ptrert s toil of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also use of alternative fuels(B:odiesel,E85.etc.,in Rurvor ace;prrent is prohib'aed.Customer is
&able for all damages and repairs that result from alre'rauve fce:. Punyon cheats tie or'levei in the equipment when it;s rented to Customer.Maintenance of proper oil'eve!in the egwp•^ent is solely the responsh 4f,of Customer.
8.Repossession..,prn a'a'L,e to pay rani Dr othe preach of this contract,Dea er may terminate this cartraci and take possession of and remove the goods from wherever hey ane.and Dealer and his agents soul:not be Irab e'or unit claims
for damage or trespdss arisen•-,tut of the remove;b'he woos.
9.Tires.Q.on er s:otahv responsible for all tire repair rt s Customers option to check over the tires before the equipment leaves and notfy Runyon of any regularities spotted
10.Insurance. canyon's insurance does not cover equipment while in Customer's possession. C istomer is responsible for insurinit fhe equipment once it:eaves Runyods property and inFil it nas been returned to Ruryoi's properly and
payment ties been oce;,ed.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS^OURS,ANY EQUIPMENT L EFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REF:tAlNS THE CUSTOMERS
RESPONSIBIL!``!
11.Cleaning Charges, Equ:p•ont is to be returned to Runyon as clean as when it let,.A charge of sixty-five dollars($65 00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Pinyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obl;gat•ons herein.Customer may not sublease or loan the equipment without
Runyon's Written permission.Any purported assignment by Customer is void
13.Time of Return. Customer's rant to possession terminates on the expiration of the rental period('Due;n'data&time)and retention of possession ester this time constitutes a.material breacri of th s Agreement.Time is of the esser:ce in this
Agreement.Any axtensioc mast be mutually agreed upon in writing.
14-Late Return,Title to equipment is and shall at all times remain with Runyon.Failure to return the equipment by the"Due Wester will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs, Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
interest of one and one half I Yz)percent per month added to accounts over ten 110)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 the'if legal action is brought to enforce this agreement,that Hamilton County,Indiana.shall be the jurisdiction and legal venue for said action,unless otherwise agreed by Runyon and Customer at a later time.
17.Waiver.Any failure by either parry 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 ifs right,or any right if might have against Customer,arising from normal damage of the
rental property normal damage to be determmeo by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage,theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or aoisive operation or use of hie equipment.usa or operation of me equipment exceeding its
rated capacay,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equ pment.Its understood the amount paid is no,an ins_rance premium,and that this provision does not
represem an insurance DcGcy or an agreement to:nsur e.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 o'cause,except reasonable wear and tear,while the goods ale out of Runyon's possession Equipment lost,stolen or damaged
beyond repa•wil:be paid fo-at its,cureent list prce plus the cost bf rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whanc,performed by Runyon,or,at Rohyon's option.,by others,at a
charge of sixty-five collars($65.00)per hour plus parts
20.Severability.The provisions of this Agreement shall be severable so that the invalidity unenforceabdrty or vela ver of any of the orgy signs wall not affect the renfaining provisions.
21.Loading and Unloading Equipment, Customor is responsible'or loading and unloading equipment. If Runyon's employees assist in Icadirg or unloading the equipment,Casfomer agrees to assume the nsr of and hold Runyon ard.'or its
employees oar—lass for any property damage or personal injuries,including clan age and personal uyu,ies attributable to the negligence of Runyon.
22.Property Damage. Runyon s not responsible for any damage vthatsoever 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 o`any fees,licenses,permits,:axes or fines,required by or resulting from Ina Cus:^,mers use or operation of the equipment.
24.Charges,Casfomer shall pay all charges regdirec under this Agreement upon demand.Cus.^,mer agrees that mileage and lime charges are minimum charges only and that no Wind or reimbursement is due Customer in the event that fewer
days and/or mires 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 ter any property le",or stored it the egc;pmerr.or r se-where
in the renting location.Customer agrees not'o hold Runyon liable for damages from down lime,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon.its agerts and employees
harmless from and aga:rst any,and all losses,';abilities.damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but nor limited to any unit ail fines,penalties and forfeitures imposeb by
any governmental:entity,and,to the extent not covered by insurance.any clams or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer.o•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'oss,liability and expense in excess o`the limits of liability provideo for herein as a
esat of mµ;ry.death of property damage arising out of Customer's use of the equipment Neither Customer nor any other user of the equipmen:shall be deemed the ager.i,servant or employee of RuryD.1 for any real,n r any purDgse Durru
the fern of this Agreement,Customer asst-mes full responsibility for the equilernent to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made tc closest paint truck can park.Extra charges will result in deliveries to upstairs,e evator use or any point where extra time is nvo;ved.Our service does cot include set up and knock dowr of tables and chairs.
If this service is required,arrangements should be made several days prior to de every:vith a special charge quoted If no arrangements are made and this service is des:red on delivery,our driver mus'call for authorizaton.if to e permits.we will
try to accommodate you ater quoting the price.Or pick up where no prior arangernents have Deer,made and rental items are no:knocked down and assembled in one sheltered area.tab es and chairs`1:Yi be left until the rext day when a special
crew can be scheduled.There will be an additional one day remal.A knock down fee:via result if rental items are still up.
27.Waiver of Jury Trial.Each party:valves its right to a jury trial of any claim or cause of action based on or arising out of tats agreement or the subject matter hereof.This waiver pertains to ail disputes that may relate to the sub;ect matter hereof.
including.without 1rulatior,contract,tort,breach of duty.and all other common law and statutory claims,and will not be subject:0 any exceptions.Each party(A)understands that this is a raver of repo;ar;t legal rights and(Bl ackno:ledges tnat
he:'she'•i has had a reasonable opportunity to discuss this::giver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its lufy tda:rids s.
28.Tickets,Fines and Penalties,You agree to fu:ly and promptly pay all fines.pena€ties.parking tickets,traffic tickets,'oils.court costs,attorneys'fees and other charges assessed during the Term in connection w h the use,parking.storage,and!
or*possession of the Equipment regardless df'he identity of the driver of any vehicle You rent from Us.
29.Trailers and Towing.The customers responsible for inspecting arid maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and:fights in a safe anc secure concision tvhda in their possession C Comer agrees got to rosy
any tracer rented from LESSOA'DEALER(a)in a carless or negagent manner @i at excessive speed or(c)whi e under the influence of medication,alcohol,or illicit crags.
30.Headings.The headings used nerein are solely for convenient reference and shall not be used to construe or affect the interpreta ion of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed Dy the pares EQuip^.eat Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsstent.:her the terms from me Equ pment Purchase Agreement o,eva:i
AS-IS-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR I`APLIED WARRANTIES,.NCLUDING,WITHOUT LIMITATION,THE WPLED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SAL 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:s liable for al shipping costs when ireful or exchanging an items to Runyon,unless the product nas been Damaged during sin pp:ng.Tt s policy also applies to war,.an returns.As
stated;-,the Runyon"Return Policy."wher customers return an item or items for credit,a 25`:restoclgrg ree will be charged to your account,plus ail applicable;abound and outbound fro gnl po!:cy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25%(of total snvoiced 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 that:branc new,will De charged 501,;restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's respons bi5;y to report any damages,'shonages within 48 hours
of receiving trio predict.Runyon will not accept claims 48 tours after delivery.Runyon will not accept returns without authorization,Upon issuing a Merchandise Return:Mahon nation(MRA),Pinyon will instruct customers as tD the best means of
return:g merchandise.Runyon's MRA's are valid for 30 days after issuance,MBAs are not valid after me 30 day time limit expires.Runyon will absolutely not,under any circumstances,'issue an MRA`or returns on uses or damaged products Any
freight related damage must be rioted or the signed B;il of Lading AT THE TIME OF DELIVERY,The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Seller represents anc warrants that:(ai Seiler has all necessary right,power and authority to enter into and perform the transactions referenced herein.(b)Selzer has good and marketable title to the
Equipmert;and(c)on the Transfer Dale,Seller will convey the same fo 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 portror of the Purchase Price).Buyer
represems and warrants that:(;)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully inspected arid examined':he Equipment and round the same to be
acceptable to Buyer in all respects based on cn eria established solely by Buyer and not based on any recommendation by Seller;and(ii:)Buyer has received.carefully reviewed and is satisfied:vi'h.all available train rg.instructons operating and
user manuals,and other:nfor^ation(including al training required under appl;cable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,^laintanance,repair and stoiace rf the Equipment.
In consideration of the payment of additional rent classified as'damage waiver"by the Rentee,Renter agrees to,and hereby does wane its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
AA property rented a sum equal to 5%of rental charge.This'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or in the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not 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,9 a total loss,will pay replacement cost of equipment.
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
Lk,W F,L•FISHEK5•INDIANaOL15 shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes ony,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for A any liability connection with the
use of this equipment.The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a I/tI/eek Monday- Friday 7:00 am - 5:30 pm •Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00-pm
REIQTED TO JOB- 'LOCATION= ;' _ 5 !': '`:tizt'::_ ':':?''"TICKET #, r
CARMEL STREET DEPARTMENT # 503 HAZELDELL AND BLACKFOOT
3400 WEST 131ST STREET Con# 241050
CARMEL IN 46074
Loc 100
:DATE ,. =,.TIME• ;
W (317) 733-2001 OUT 08/28/12 12 : 17 PM WH
F (317) 733-2005
ID#3 '' PO%JOB` `# ,,RECEIVED'.BY.
HAZELDELL AND 'BLACK WALDEN; RICHARD J 08/28/12 12 : 19 PM WH
***FINAL*** Page: 1
..Q'PY
'MIN. ,-HOURLY° :OVNITE� ,8=HOUR?':,�
%DAY WE
1 701846841801 BLADE DIAMOND 12" VALUE PLUS .:r"64 . 95 64 . 95 64 . 95
1 00011 WRENCH FOR SAWS ,;:`=12 . 95 12 . 95 12 . 95
a.
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN'DATE,YOU WILL BE SU13JECTM A CHARGE OF CONVERSION(THEFT}
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED.
Customer is liable for all damages 8 repairs that result from alternative fuel. RENT 0.00
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 7 .9
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I OTHER 0.00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL X DW/FEES 0.00
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Add 1 TAX 0.00
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING SALES TAX 0.00
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT
RENTAL IMMEDIATELY.RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, DEPOSIT 0.00
FEES,AND/OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAMAGES TO PROPERTY AS A RESULT OFTHE
RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT S85 AN HOUR TOTAL DUE 77 .go
EQUIPMENT - CELL
LEASED BY X PHONE AMT BILLED 77 .90
EQUIPMENT
RETU NED BY X RENTAL FEES DO NOT-ArPWt O'RCHAbt' o: 10
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALLTIRES,VUEL AND ELECTRIC CURRENT. will apply. X
NO ADJUSTMENTS OR CREDITS will be made on equipment
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges tha'it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its
duty to inspect the equipment 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 Usl THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the rises of.and bold Runyon nar.Tless for,property damage and personal injuries,including death and dismembei caused by the equipment a-id.or arisirg out of Runyon's negligence
Customer wall ndemnify and defend Runyon against and hold Runyon harmless from ary and all claims;actions,suits,proceedings,costs,expenses.damages and liabilities including attorney's fees which(1)re ate to injury or to destruction at
proof or bodiy injury, lness.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 conouct(indudmc
active,passive,pn^ary or secondary)of Customer.its agents or employees,or anyone for whose ads any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runvon is a named party for which Runyon:is alleged to be liable or responsible as a resuft of or arising out of the equipment,or any alleged act or omission by Runyan,and Customer shat.be liable and responsible for all costs,expenses
arrd attorney's foes incurred in such deterse andior settlement,jedgment or other resolution. In the event that such action is commenced naming Runyon as a party.Runyon may elect to defend said action on its own,behalf and Customer agrees
that it shall be:able for all costs,expenses and atlompy's tees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment with hour meters is aPowed eight(8)hours use within a 24-hour period of time Rental rates for equipment are based on unaae Outing this eight(8)hour shift. If Customer runs the equipment fo?over 8
hours in one day;Customer v Il be charged for extra pours On equipment.One day is 2=hours or eight(8)hours running time. 16 hours funning time in 24 hours=a 2-day,,large.24 hours running lime in 24 hours=a 3-day charge.
5.Future Rentals.Customer acknowledges that the fermis of this.Agreement will be deemed to apply to ail Equipment Customer may rent or purchase from Runyon,,,viretrier on the date of this Agreer i or at any time in;he future(except only
as to any Equipment and;f other items with respect to which Customer executes a r:.ew 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,unifilended use or misuse:(d)Use by anyone other friar Customer or its employees,without Runyon's written permission;(2)Use at any location other than the address furnished Runyon without Runyon's writfen permission.
7.Fuel and Oil Levels AI•e;u pmert s full of fuei when rented to Custor,'er and must be returned to Runyon full or additional charges wit apply.Also use of alternative fuels B!odiesel,E85.etc.;in Runyon ac:uptrent is prohibited Customers
Is
liable for all damages and repairs trial result from alternative k,e ?pnyon checas the oil level in the equipment when d is rented tc Customer.Me nterance of proper oil level in the eq..iprrtent is s,lgly the respcnsrb'rty of Customer.
8.Repossession.upon a`z:ce to pay rent Or other oreach or this contract,Dealer may terminate this contract and take possession of and remove the goods from-,wherever they are,and Dealer and his agents steal not be'fable for any darns
for damage or trespdss apsmc out of the remova Os:he g000s.
9.Tires. Customer•s totally responsible for all tire repair. it rs Customer's option to check over the tires before the equip—ent leaves and notity Runvon of a..y ir, gular ties spotted.
10.Insurance. Runyon's'rsurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it:eaves Runyon's proper, and unti it pas been returnad to Runyons property ano
payment pas been rgce;.ed.EQUIP MENT MAY ONLY BE RE TURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILi`Y
11,Cleaning Charges. Equpr'tont is to be retw nee to Runyon as dean as when it left.A charge of sixty-five dollars($65.00)per hour wal be charged for deanuo
12.Assignments,Subleases and Loans of Equipment.Pinyon may assign its rights under this Agreement without Customers consent,but will remain bound by a1 obligations herein.Cis•omer may not sublease or loan the equipment wiiboal
Runyon's written permission.Any purported assignment by Customer is void
13.Time of Return. Customer's right to possession terminates on the expiration of the rental period("Due In'date&time)and retention of possession,after this time constitutes a material breach of th s Agreemenf.Time is of the essence It this
Agreement Any extensior,mast be mutually agreed upon in writing
14.Late Return.Title to equipment is and shall at all times remain with RunvOn.Fa'lure to return the equipment by the"Due Weals will subject Customer to a charge of conversion(theft.
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorneys fees,court costs and
interest of one and one half(1 1/2)percent per month added to accounts over ten NO)days old,reflecting an annual percentage rate of eighteen(18)percent. Customer agrees that this agreement is to be construed under the lases of the State of
Indiana and that if coal 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 part/to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver,in consideration of the payment of additional rent classified as-damage waive"by Customer,Runyon agrees to,and hereby does,waive.its right,or any right it might have against Customer,arising from normal damage of the
rental property normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage.valver'does not include damage or:oss of the property as a result of the negligence
of Customer it in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment use or operation of the equipment exceeding its
ated capacity,or damage to tires,tubes and:wheels caused by blowout,biuses,cuts,punctures or Other causes inherent in the use of the equpment.It:s understood the amount paid is not an insolence premium,and that this provision does not
represent art insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra.
19.Damaged.Dirty,or Lost Equipment.Customer agrees to pay for any damage to or toss of the goods,regardless O'cause.except reasonable wear and tear,while the goods are gut of Runyon's possession.Equipment lost,stolen or damaged
beyond repG,wi: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 Ranyon's option:,by others,at a
charge of sixty-fve dollars($65.00)per hour plus pars-,
20.Severability.The provisions of this Agreement she 1 be severable so that the:ova:di:y,unerforceability or waver of any Of the Orov''sions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible`or loading and unloading equipment If Runyde s employees assist in loadirg or unloading the equroment,Customer agrees to assume the ns<of and hold Runyon arctic,its
employees harmless for any property damage or personal lures,including ea-age and personal irlgries attributable to the negligence of Runyon.
22.Property Damage. Runyon s not resporsio e for any damage whatsoever as a result of on-the-lob deliveries or pick-up by Runyor.
23,Fees.Licenses,Permits,Taxes and Fines.Customer sha;i 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 equipmem.
24.Charges.Customer shall pay all charges tequireo under this Agreement upon dernand.Cusromar agrees that mileage and time charges are minimum charges only and that no refunc or reunbLirsement is due Custorner in the event that fewer
days andror mi es 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 o,goods in storage or in transd,or for any property left or stored is the erldpmen'.or esewhere
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 equpment Customer releases ano holes Pinyon.its agents and employees
harmless from and aga est any and all losses,iiabilit'es,damages,injures.claims,costs and expenses arising out of Customer's use or possession of ire equipment,including,Out not limned to any ano all fines,penalties and forfeitures nposse by
ts
any governmen entity,and,to the extent not covered by insurance.any clams or liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale of the equipment by Customer.or its agents or employees.
or for the confiscation of ilia equipment by any governmental authority because of illegal or improper use Customer shall additionally hold Runyon harmless for all toss,liability and expense in excess o`the h r-as of liability prbvideo for here-n as a
result of injury death or property damage arising out of Customer's use of ilia eduipment Neither Customer not any other user of the equipri shall be deemed the agent,servant or entp oyee of Runyon for any reason or any purpose Durr a
the tern of this Agreement,Customer assumes full responsibility for the equ pment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up-Delivery is made 1,closest point truc i can park Extra charges will result in deliveries to upstairs,e evator use or any point where extra time is,nvaved,Our service does not inclide set up and knock down of tables and chairs.
If this service is required,arrangements should be made several days prior to de rvery with a special charge quoted If nO arrangements are made and this service is des-red on delivery,our diver roust call for authon_anon if hrne permits.we will
try to accommodate you after quoting the price.Or pick up where-io Prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area.tabus and chairs vn?be!eft untl the next day when a special
crew can be scheduled.There will be an adds€tonal one day rental.A knack dcmn fee will result if rental items are still:rip
27.Waiver of Jury Trfal.Each party waves is right to a cry trial of any dam or cause of action based on or arising out of this agreement or the subject matter hereof.This waver pertains to air disputes that may relate to the sub;ect matter he2of.
including.without emitatior:,contract,tort,beach gt duty.and all other common.law and statutory claims,and will not be subject to any exceptions.Each par;,,(A)understands tat this is a waver of.mpO.:am legs rights and(B)acknowledges that
heisha'it has had a reasonable Opportunity to discuss this r,a'sfer and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably ano unconditonally waives its ury ria;rights.
28.Tickets,Fines and Penalties.You agree to fully and promptly pay at'fines.pei parking tickets,ball trokats.'011s.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 idert;ty Ot the driver of any vehicle you rent from Us.
29.Traifers and Towing.The customer;s responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and':ghts it a safe and secure conciuon vvhile,^i iherr possession Customer agrees not to tow
any tra ter rented from LESSOR'DEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medica'ron,alcohol,or 110t,rugs.
30,Headings.The headings used herein are solely for convey enl reference and sha4 not be used to construe or affect the Interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties EOuip.^ent Pui case Agreement.If the Equ pment Purchase and the Terms and ConOdroos previously enumerated are inconsistent :hen me terms from the Equ'pr:ent Porchase Agreement preva 1.
AS-IS-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUS;VE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,:NCLUD'NG,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OP M-RCH.ANTABILITY AND FITNESS FOR A PARTICULAR'URPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL NO OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL,+NCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF TH'S EOUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW 0`r CONTRAC-S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is'iaple for al shipping costs whet,returning or exchanging an rain to Runyon,unless the product gas been damaged during sh;pp.ng.Ths policy also applies to warranty returns.As
siated'n the Runyon"Return Policy."when customers return an item or items for credit,a 25`6 restocking fee will be charged to your account,plus all appifcab:e inbound and outbound freight.This pol y also applies to shipments refused and-eturned.
All cancellations of whole goods are subiec:to a 25%(of total invo:ceo order)cancellation fee on in stock items from Runyon locations ONLY..Return shipping of the product is not refundable.Aid parts purchases are non refundable.Any shipment
rece vied m oonddiors other than.brand new will be charged 500%restocking fee of the Intel amount.All returns must be properly boxed before they are returned.Its the customer's resoons bi'ity u report any damages.'shoriages within 48 hours
of r=_cening the predict.Runyon will not accept claims 48.tours after delivery.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization i'MRA),Runyon will instruct customers as tg the best means of
-etumirg merchandise.Runyon's MRA's are valid for 30 days after issuance,i are not valid after the 30 day times lirr..expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
ire:gnt relaiea damage mast be rioted or the signed BN of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is anal.
REPRESENTATIONS AND WARRANTIES:Seiler represents and warrants that:(ai Seller has all necessary right,power and authority to enter into and perform the transactions refereecete herein(b)Seiler has good and marketable title to the
Equipment,and(c)on the Transfer Date,Seller will convey the sarse to Buyer(save only for the purchase money Tien,it any,to be retained by Seller should Satter.at its sole option,elect to finance all Or any portion:of trie Purchase Price).Buyer
eprasen's and:varrarts that:(i)Buyer has all necessary right power and authority to enter into and perform the transactions referenced herein,(u)Buyer has selected and carefully inspected and examined the Eeuipml and found the same to be
acceptable to Buyer in all respecs based on criteria estabfshee solely by Buyer and not based on any recommendation by Seller;and(ii:)Buyer has received,carefully reviewed and•s satisfied with,all available trainng,instructions operating and
user manuals,and other;nformation(including ail training required under appl'cabfe OSHA and.ror ANSI Standards,if arty)regarding the proper and safe€ions artaror,,use,maintenance,repair and storage o`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
Aproperty 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
6QU IPM£Nt RENTIV other causes Inherent in the use of the Equipment It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive-Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,if a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
CARMEL•F15HER5 Y 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 terns and conditions of this agreement,the Renter may coiled damages together with reasonable attorney
fees,court costs and interest of one and one hag(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and B Is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a toot-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for ri 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.
®pen 7 Days a (Meek Monday- Friday 7:00 am -5:30 pm -Saturday 7:00 am -4:30 pm -Sunday 9:00 am -3:00 pm
RhN'PED' TO; JOB :LOCATION ; '-TICKET'
�.
CITY OF CARMEL 448 SHOP '
ONE CIVIC SQUARE Con# 241131
CARMEL IN 46032
Loc 100
r> S`SN. PHONE' DATE TIME" si.
W (3 17) 571-2448 OUT 08/29/12 9: 00 AM TT
F (317) 571-2409
-ID#81 PO/JOB:;.# RE.CEIYED.,BY
SHOP DAVIS, JOSH 08/29/12 9:21 AM TT
***FINALk*' Page: 1
EXT='AMT NE'Z IAMT
,T =H WEEK 4-.°WEEK-
MIN HOURLY• OVNI E` 8 OUR' DAY";'` 4 WE
1 1008 SHIPPING AND HANDLING 11 . 10 11. 10
1 00045 STONE MIXER PADDLES 655-755-;9.5 52. 95 52. 95
ME 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.
Customer is liable for all damages&repairs that result from alternative fuel. RENT 0 ,00
I HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND SALES 64 ,05
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I OTHER 0, 00
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED
BY RUNYON EQUIPMENT RENTAL. X - 'r'" DW/FEES O.0'O
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.0'0
THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT I HAVE READ THE ABOVE INFORMATION AND
ACKNOWLEDGE THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING
EQUIPMENT THAT IF MY EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED,I WILL NOTIFY RUNYON EQUIPMENT SALES TAX 0.0''0 BILL MY CREDIT CARD FOR ANY AND ALL COSTS
RENTAL FEES,AND/OR IMMEDIATELY.
NTEREST CHARGES QUASSOCIA ED WITH N
RENTAL Y CLAIM,LOSTS,OR DAMAGES TO PROPERTY AS A RESULT OF THE DEPOSIT 0 .00
RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON EQUIPMENT
RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL,RUNYON EQUIPMENT RENTAL IS AUTHORIZED
TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR
EQUIPMENT TOTAL DUE 64 .05
X S`•�• v'�.".,`. PHONE
LEASED BY AMT BILLED 64 .05
EQUIPMENT
RETURNED BY X y; :' i.. •" RENTAL FEES DO NOMPLYfi5PURCFME8l : 52
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
ND ADJUSTMENTS OR CREDITS will be made on equipment `+
malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
1.Inspection.Customer acknowledges the 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 equip-men prior to use and notify Runyon Eeuup_ment 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 dismemper—ent.caused by the equipment andlor a rising out at Runyon's negligence
Customer snail:ndemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions.suits,proceedings,costs,expenses,damages and liabilities including attorneys fees which(t)relate ip injury or fo destruction of
property or bodily injury,€liress sickness,disease or death of any person(encludr:g employees of Customer),and(2j are caused by,or claimed to be caused,in whole or m par',by the equipment!eased herein.or by the l;abil:tt,or conduct(nci:;dinr
a_clive,passive,primary or secondary)of Customer its agen`.s or employees,or anyone for whose ads any of them may be liable.Customer shall,at its own co or expense,defend Runyon against all suits or proceedings commenced by anyone
:d which Runyon is a named party for which Runyoc is alleged to be liable or responsible as a result of or arising out of the equipment,or any afleged act or omission by Runyon,and Customer sha!'be table and resporsibe for all costs,expenses
and attorney's fees incurred in Such daferse 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 a:its own behalf and Customer agree_
;hat it shall be dable for all costs,expenses and attorneys fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment with hour^leters is aivved eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during tn;s eight(8)nour sh ft. If Customer rugs the equipment for over?
hours in one aay;Customer vv!I be charged for extra hours on equipment.One day is 24 hours or eight(81 hours running time. 16 hours running time 24 hours=a 2-day cnarge.24 hours running time n 24 hours=a 3-day charge.
5.Future Rentals.Cuscmer acknowledges t;"at tre terms of this Agreement will be deemed to apply to a:!Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreemen:or at any time in:he future!except only
as to any Equipment ar,d;or other rams with respect:o which Customer executes a revs Agreement).
6.Prohibited Uses. Use of'he equipment in the foi:owing circumstances is prohibited and constitutes a breach of this Agreement.(a)Use for illegal purpose or in an illegal manner;(b)Use wher the equiprent is in bad repair or is prate;(c',
Improper,uninteideo use or mic!.se:id)Use by aryore othe>:har.Customer or its employees,v:ithout Runyon's wrtten per:rission;'a)Use at any location airier than the address furnished Runyon wdnaut canyon's written.permission.
7.Fuel and Oil Levels Ali equ:pmerls full of fuel v:^en-en:ed to Customer and must be returned to Runyon full or additional charges tv:ll apply Also use of alternative fuels;Bad, . E85.etc.;in Ruryor:eqa omenl is prohibited.Cato^;e'is
liable for all damages and reoa!rs that result from alternative 6_e' ;.inycn checks the o:level in the equipment when r,is rented to Customer Ma:nterance of proper oil level in the e::uo7ent is solely he responsibN,«y of Customer
8.Repossession.-Pon a ra'ure to pay rent or othe>oreach of tr s coriract.Dec e;may terminate_this contract and take possession et and remove the goods from wherever'hey are,and Dealer a d his agents anal" of be table'or any claims
for damage or t!espdss ansin;;u:of the remove:c`he goods
9.Tires.Customer s iotahy responsibie for all tire reps r. it is Customer's option*,o check over the tires before the equipment leaves and notify Runyon of any!regularities spotted.
10.Insurance. ?.rayon's'r:surahce does not cover equipmen'while in Customer's possession. Customer is responsible for insunra the equipment once it!eaves nunyon's property as d.int l it gas been returned to Runyon's property and
payment has been re;e:,ed.EQUIPMENT MAY ONLY BE RETUPNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S i-OCATION OTHER TgAN NORMAL BUSINESS HOURS REMAINS THE GUSTOMERS
RESPONSIBILi l_
11.Cleaning Charges. Equ.p'ent is to Le retumec to Ranvon as dean as.when it left.A charge of sixty-five dollars($65.00)per hour will be charged for deanap.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its ighis under;his Agreement without Customers consent,but will remain bound by at;obl!gat"ons herein"Cds•omer may rot sublease or oag'he e u,pmert v,&o,t
Runyon's v:ntten permission.Ary purported assignment by Customer is void.
13.Time of Return. Customers r;gnt to possesson terminates at tea expiration of the rental period('Due In"date 8 time)and retention of possession after tt is time constitutes a rnaterial breach of h 5 Agreement.Tune is of the essei-ce in this
Agreement.Any extension,must be mutually agreed upon;r writing.
14.Late Return.;die to ea-woment is and stall a:all times rema:n with Runyon FaJure to return the equipment by the"Due In'date will subject Customer to a cnarge or conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
Interest of one and one hall I yz)percent per month added to accounts over ten(1 0)days old,reflecting an annual percentage rate of eighteen(18)percent Customer agrees tnat this agreement is to be construed under the lases of the State of
Indiana and that d'egai action is brought to enforce th s agreement that Hamilton County.Indiana,shall be the jurisdiction and legal venue for said action.,unless otherwise agreed by Runyon,and Customer at water time.
17.Waiver. Any failure by either party to enforce any proviso of this Agreement shall not constitute a waiver of such provision at prejudice the right of either party to enforce such provision thereafter.
18.Damage Waiver.in consideration of the payment of additional rent classified as*damage waive''by Customer,Runyon agrees to,and hereby does,waive its right,or any right if might have 3gamst 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 55 of rental charge.This"damage:waiver'does not include damage or:ass of the property as a result of the negligence
of Customer or in the case of abusive damage,theft or other gross negligehce of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment, se br operation,of the equipment exceeding its
rated caaac-t'y.or damage to:ices,tubes and v:heeis caused by blowout,onuses,cuts,punctdres or other causes inhe•ent in the use of the equipment. It is understood'no amount paid is nos as nsuurance premium,and that this provision does not
represent an irsurance policy a an agreement'o insure.NO damage waiver license sales or use taxes are included ig Runyon's rental rates.They are extra.
19.Damaged.Dirty;or Lost Equipment.Gusto er acrees to pay for any damage to or toss of the goods,regardless of cause,except reasonable wear and tear,whde the goods are out of Runyon s possession Eq.rbmegt lost,stolen or damaged
beyond repo;:^i be paid for at its curent list price blas the cost of ental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether penormed by Runyon,or,at?:riyon's option,by others,at a
charge of sixty-ti•re coiiars(S65.00 per hour plus parts
20.Severability.The provisi::r5 of th,s Agree°-e t sba!be severable so that the idea idify;unenforceabildy or waiver of any of the provisions shall not affect he remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible'or loading and unloading equipment. If Runyor.'s employees assist in loagirg or unloading:he equipment,Customer agrees td ass,tnne the vs c of and no(d canyon ardo•its
empoyees narlass for any property damage or personal rqur es,Inducing ga^age and personal r-,uges attributable to the negligence of Runyon.
22.Property Damage. qunyon is not lesportsio=e fo any damage whatsoever as a result of cn na-job deliveries or pick-up by Runyon
23.Fees.Licenses,Permits.Taxes and Fines. Customer shat.be sde,y responsible for payment of any fees,licenses,perrnds,:axes or fines,required by or resulting fro^the Customers use Or)peratior.of Jte equipmen;.
24.Charges. CUs'-Omer sha!!pay all charges iegpiiea unge-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 anayor miles are actually used.
25.Other Liability.Customer assumes all risks from the improper use of the equ pr^eat.Customer is responsible for damage;to Customer's property or goads in storage or in transit,or for any p-opecv le`ar stored it the equipment.or e sewhere
in the renting location.Customer acrees no:to hold Runyon liable for damages from down time,^-atenals or other consequential damages resulting from the use of the equipment.Customer releases and holds R.inyon.its agents and employees
harmless from ago aga rsi any and all losses,iiab-Iii:as.damages,!rjuries.daims,costs and experses ansing out of Customer's use or possession of the equipment,including,put got rmited to ary anc at fines,penalties and foi 1eitl:TCGsed by
any govemmenta'entity,anti,to the extent not covered oy insurance.any c'a:r^s pr liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale of he equipment by Customer.or its agents or employees.
or(.or the confiscation of tr e aquioment by any,governmental authvrty beca rse of illegal or_mprooer use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the Ic is of liability provide,-for herein as a
result,of injury.death or propery damage a!sir:c o:;-at Customer's sae of he ecc,prent %either Customer no,any other user of the equipmen"'shall be deemed the igerl,servant or emp oyes of Rur ion for any reason c'any purpo-,e. Dung
the ter^:of:his Agreement,Customer assurres'uil-esponsrbility for the equ'p°ent to the oublc and any regu glory body having jurrsdalion.
26.Delivery/Pick Up.Delr,ery is made to closest coin:truce can park Extra charges writ result in deliveries to upstairs,e evator use or any point vvhere extra time is involved.Our service does rot!rc,ude set up and knock dpsm of tabes and chairs.
it this saraice is required,arrangements should be.made several da,s prior to de:very with a special charge quo:ec.It no arrangements are made and this service is desired on delivery,our diver must call for author:zaron.if ti^e permits,we will
try,to accommoda'e you ater quailing the price.Or pick up wnem ge prier arrangements have peen made add rental items are not knocked down and arse^bleu in oho sheltered area.tares and chairs::r!be tat:until the next day:when a special
crew cap be scheduled.Thera will be an addiironal ono day rental.A knock down fee w i result if rental items are still up.
27.Waiver of Jury Trial.Each party wa:vea:ts r�g:rt to a;cry trial;f arty clam or cause of action based on or airs ng out of h:s agreement or the subject matter hereof,This waive,deriains to a!disputes that may relate to the sub ept matter rereof,
incluoinc without imRatior,contract,tort,breach O`duty.and all other corn mor.law and statutory claims,and will not be subject io any exceptions.Each party(A)understands that this is a waver of rrpo a,-,Iega lights and(B!admow;edges that
he'sha'i has had a masoraoie eppor#wliy to discuss t!a vial2r and its effects v:h legal ccuraei According y.ea&parry kno:Vigiy,voluntarily,irrevocably and unconditonaliy wraives its;pry tra;rigrts.
28.Tickets,Fines and Penalties,You agree to fully ar•d pmmDtly paw ale tines.peep€ties,park rg tict;ats,tmI`ic tickets.tolls.;hurt costs.attorneys'fees ar:d finger charges assessed burin.;the Term in corcectog vrfh the use,par'r.:na s'prage.ands
or possession of Ine-gcipmen:,regardless^.'ha der,'!v cf tre driver of any ver rcle You tent from iJs.
29.Trailers and Towing.The customer:s responsible for irspectng arid maintaining the,railer coupling mechanism,safely chains,all tie downs,pins and:rgnts ir a safe and secure condition e>hde rg their possess;og.Customer agrees hot to tow
any to ter rented from LESSOR'DEALER(a)in a carless or nag,gent manner.(bi at excessive speed or(c)w:hce under the influence of medication,alcohol,or illicit drugs.
30.Headings,The headings used nereet are solely for do Ver'nt reference end Shall not be used to construe or affect toe interpretation of this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR SALES
All sales are also governed py the parries Equip"r•e^.t Purc=aae Ag•oenrl If:he Edo-pmegt Puroli and the Terms and Conditions previously enumerated ere inconsistent.iher file terms from the Eeu p^re;t P;rchase Agreement prevail.
AS-IS-NO WARRANTY:THE WARRANTY iS THE SOLE ANC EXC_�;S.VE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES. NCLUDING,WITHOUT LIMITATION,THE WPUED
WARRANT:ES OF MERCHANTABILITY AND FITN''ESS FOR A PARTICULAR PURPOSES,A?E EXCLUDED FgO.M THE SALE OF THIS EQUIPMENT RUNYON EQU!Pk7ENT R.EdTAL INC OR AFFIL IATED COM?AN'IES tWILL NOT BE LIABLE
OR RESPONSIBLE=0R ANY SPECIAL,iNC!DENTA_OR CONSEQUEi,TIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF T H`S EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTPAC-S 0ri TORT
RETURN POLICY FOR PURCHASED ITEMS:The custo-er s.,aD,e`or ar snipping costs wher retumstg or exchanging an item;to Runyon,unless the product nas been damaged during shipping.This policy also applies;p warranty returns-AS
stated..- the Runyon."Return,Policy"sitar.customers re'um an tteh;o-Bergs for credit,a 25`3 restocking fee will he charged to your account,p as all appiicaoie Inbound and outbound fre gnt.This policy a;so applies to shipments refused and returned
All cancellations-of whale gives are subject to a 2i�-fof'otai invacao ordefi ca;ueiiabon fee On in stock items from Runyon locations ONL'f.Return shipping of t e product is not refurdabie.All parts purchases are non re undabie.Any shipment
pe:ved in conditions other than Drand ri re marred 50 resiciosing fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's respons:bi:'1y:c report any damages'shonages within 48 hours
r.ceivine,ne prod.;ct.Rumygn will!rot accept claims 46 pours after relive^y.Runyon will not accept returns without authorization,.Upon issuing a A-ierchandise Return.Autho-izartin I'MRA),Runyon will instruct customers as to the best means of
et.;rn;eg marchar; se.Runyon's MRA's are,alid nor 30 days after issuance.MRAs are not valid after the 30 day tic=.e limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products Any
're:gnt relatao damage must be noted or tge signed Bi 1 Of Lading AT THE TIME OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Se!er represents anal r:auarts that(a}Seiler has all necessary right,power and authority to enter into and perform the transactions referenced nerem"(b)Seiler has good and marketable title to fire
Equipment:anc tc!on the Transfer Date,Sear will convey fine sa-e to Buyer;save Only*or the purchase mor:ey;ien:if any,to be retained by Seller should Seller,at its safe option:,elect to finance all or arty port!or of the Purchase Price!.Buyer
;epreserts and:arrar.ts t::^,at(0 5uyer has aH necassarr rigfr..power and authority to enter into and parforh the 1,nsact:ons referenced herein,(if)Buyer has selected and carefully inspected and examined the Equipment and found:he same to be
acceptable to Buyer in a 1 respects based on criteria establ"shad o,-;y by Buyer aria not based oh any recommendation by Seller;and(it)Buyer has received,carefully reviewed and is satisfled:vih,all available trair;ng,instructions Operating and
user manuals,and other infer matron(indid!rg al:raining recoi•ed inde,appiicabie OSHA arl A%St Standards,if any regarding the proper anc safe:rarsportatior:,use,°aintenance,repair and storage of the Equipment.
VOUCHER NO. WARRANT NO.
ALLOWED 20
Runyon Equipment Rental
IN SUM OF $
410 W. Carmel Drive
Carmel, IN 46032
$731.34
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members
--r
2201 43-530.99 $437.50 1 hereby certify that the attached invoice(s), or
2201 42-370.00 $207.45 bill(s) is (are) true and correct and that the
2201 42-311.00 $86.39
materials or services itemized thereon for
which charge is made were ordered and
received except
t Friday, September 07, 2012
F��/f/' �"+
��F✓V I� l�`lA �
SSreet Commissioney
ru
Stree CJ,,"'enissioner
Cost distribution ledger classification if
claim paid motor vehicle highway fund
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))
09/06/12 $437.50
09/06/12 $207.45
09/06/12 $86.39
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