HomeMy WebLinkAbout213643 10/09/2012 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CHECK AMOUNT: $603.32
�? CARMEL, INDIANA 46032 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 213643
CHECK DATE: 10/9/2012
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1120 4353099 241683 220 . 50 OTHER RENTAL & LEASES
651 5023990 242774 70 .29 OTHER EXPENSES
601 5023990 244076 219 . 95 OTHER EXPENSES
601 5023990 245355 92 . 58 OTHER EXPENSES
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 night it might
have against the Rentee,arising from normal damage of the rental properly,normal damage to be determined by Renter.The undersigned shall pay upon return of
ArA property rented a sum equal to 5%of rental charge.This"damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee
or In the case of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reckless,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
EQUIVMENT iZEN7igl 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
aF-MEL•17151ili•INDIFW"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 corxhons of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half(11/2)percent per month added to accounts over ten(10)days old,reflecting an annual percentage rate of eighteen(1 B)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a tool- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am - 5:30 pm •Saturday 7:00 am -4:30 pm•Sunday 9:00 am -3:00 pm
RENTED TO "' " JOB-LOCATION TICKET #., •_
CARMEL WATER DISTRIBUTION # 161 SHOP
3450 W. 131ST STREET Con# 245355
CARMEL IN 46074
Loc 100
SSN"' PHONE - DATE' --. 'TIME
W (317) 733-2855 OUT 10/03/12 11:03 AM WH
C (317) 733=2840
ID#3 PO/JOB # RECEIVED BY
LUPER, MICHAEL E 10/03/12 11 :09 AM WH
***FINAL*** Page: 1
QTY ITEM#
EXT AMT NET. AMT
MIN HOURLY, 'OVNITE 8-HOUR DAY WEEK 4 WEEK
1 034223041014 COOLER 10 GAL INDUSTRIAL 54 . 59 54 .59 54 .59
1 079154116219 COOLER 5 GAL SCREW TOP 37 . 99 37 . 99 37 . 99
IFTHE EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT).
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Equipment Rental,equipment is PROHIBITED. RENT 0.00
Customer is liable for all damages&repairs that result from alternative fuel.
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I SALES 92 .58
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0. 0
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON I
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
THE UNDERSIGNED,HAVING READ AND UNDERSTOOD THE ABOVE,HEREBY AGREES TO RENT THE ARTICLES NAMED ON Addl TAX 0.00
THE TERMS D CONDITIONS
ACKNOWLEDGETHAAT IITIS CORRECTT,,RCOMP ETIE ANDTACCURATE EIf PROMISE READ
HAT ASE AACONDITIONNR OF T 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 TD 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 PAYME T OY EQUIPM T REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. TOTAL DUE 92 .5 8
EQUIPMENT CELL
LEASED BY X ��� PHONE AMT BILLED 92.58
EQUIPMENT 03—OCT-12 11:0 9: 4 3
RETURNED BY X RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. will apply. X
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 and rinds it suitable far its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges it
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects.
2,WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHA7
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of
property,or bodily injury,illness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the fiabifity or conduct(including
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be fiable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behaff and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time. Rental rates for equipment are based on usage during this eight(8)hour shift.If Customer runs the equipment for over 8
hours in one day,Customer will be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time. 16 hours running lime in 24 hours=a 2-day charge.24 hours running time in 24 hours=a3-day charge.
5.Future Rentals.Customer acknowledges that the terms of this.Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,whether on the date of this Agreement or at any time in the future(except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
6.Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of[his Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c)
improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodiesel,E85,etc.)in Runyon equipment is prohibited.Customer is
liable for all damages and repairs that result from alternative fuel.Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires.Customer is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted.
10,Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been receied.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11,Cleaning Charges.Equipment is to be returned to Runyon as clean as:when it left.A charge of sixty-live dollars(S65.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is raid.
12.Time of Return. Customer's right to possession terminates on the expiration of the rental period("Due in"date&time)and retention of possession after this time constitutes a material breach of this Agreement.Time is of the essence in this
Agreement.Any extension must be mutually agreed upon in writing.
14.Late Return.Title to equipment is and shall at all times remain with Runyon.Failure to return the equipment by Ilia"Due In"dale will subject Customer to a charge of conversion(theft).
15.Trme 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 y4)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.Inconsideration of the payment of additional rent classified as"damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property,normal damage to be determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage orloss of the property as a result of the negligence
of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its
rated capacity,or damage to fires,tubes and wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance premium,and that this provision does not
represent an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra.
19,Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen ordamaged
beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.fie cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option,by others,at a
charge of sixty-five dollars($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the invali0y,unenforceability or waiver of any of the,provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyons employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage, Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the 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 lime charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25,Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment,or elsewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from down lime,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities.damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion.concealment or unauthorized sale of the equipment by Customer,or ils agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a
result of injury.death or property damage arising out of Customer's use of the equipment.Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose.During
the term of this Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involved.Our service does not include set up and knockdown of tables and chairs.
If this service is required,arrangements should be made several days prior to delivery xith a special charge quoted.If no arrangements are made and this service is desired on delivery driver must call for authorization.If time permits,we will
Try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area.tables and chairs will be left until the next day when a special
crew can be scheduler!.There will be an additional one day rental,A knock down tee will resutt if rental items are still up.
27.Waiver of JuryTrial.Each party waives its right to a jury trial of am,claim or cause of action based on or arising out of this agreement or the subject matter hereol.This waiver pertains to all disputes that may relate to the subject matter hereof,
including,without limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions.Each parry(A)understands that this is a waiver of important legal rights and(B)acknowledges that
he/sharl has had a reasonable opportunity to discuss Ihis waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives its jury trial rights.
28,Tickets,Fines and Penalties.You agree to fully and promptly pay all tines,penalties,parking tickets,traffic tickets,tolls,court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking,storage,andt
or possession of the Equipment.regardless of the identity of the driver of any vehicle You rent from Us.
29.Trailers and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow
arty trader rented from LESSORIDEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs.
30.Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the Parties'Equipment Purchase Agreement.If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY.APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when returning or exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns.As
stated in the Runyon`Return Polrc)Cwhen customers return an item or items for credit,a 25`,6 restocking fee will be charged to your account,plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on in stock items from Runyon Locations ONLY.Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
:aceived in conditions other than brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed balore they are returned.It's the customers responsibility to report any damages/shortages within 48 hours
rf receiving the product.Runyon will not accept claims 48;iours 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
-artming 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 MIRA for returns on used or damaged products.Any
-eight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final.
9EPRESENTATIONS AND WARRANTIES:Seller represents and warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein;(b)Seller has good and marketable tide to the
Equipment;and(c)on the Transfer Date,Seller 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
•apresents and warrants that(i)Buyer has all necessary right,Power and authority to enter into and perform the transactions referenced herein;(if)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
ecceptabfe to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(iii)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
user manuals,and other informaffon fine/udfng all training required under appdcable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
In consideration of the payment of additional rent classified as"damage waiver"by the Rentee,Renter agrees to,and hereby does waive its right,or any right it might
have against the Rentee,arising from normal damage of the rental property,normal damage to be determined by Renter.The undersigned shall pay upon return of
Y ACA 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.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
LP,WC;L•FISHERS•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person Without the written consent of the owner,and further agrees to return the equipment
to Renter In substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may collect damages together with reasonable attorney
fees,court costs and interest of one and one half IT 112)percent per month added to accounts over ten(10)days rid,reflecting an annual percentage rate of eighteen(18)percent.
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't be a toot- Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am - 5:30 pm•Saturday 7:00 am -4:30 pm Sunday 9:00 am-3:00 pm
RENTED TO JOB. LOCATION TICKET' V
CARMEL WATER DISTRIBUTION # 161 092212SC
3450 W. 131ST STREET Con# 244076
CARMEL IN 46074
Loc 100
SSN .= PHONE DATE - TIME.
W (317) 733-2855 OUT 09/22/12 1:12 PM MS
C (317) 733-2840
ID#3 PO/JOB # "` RECEIVED BY
COOKSEY, SHAWN 09/22/12 1:14 PM MS
***FINAL*** Page: 1
QTY ITEM# EXT:AMT` NET:AMT
MIN HOURLY "`mOVNITE, 8-HOUR DAY WEEK, 4 WEEK
1 701846845472 BLADE DIAMOND 14" 4X4 219. 95 219. 95 219. 95
r
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 8 repairs that result f ernative fuel.
I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE FE 8 PROPER 941RATIOlIll OF THE ABOVE EQUIPMENT AND I SALE S 219. 95
FULLY UNDERSTAND THOSE INSTRUCTIONS.1 ND TAND TH31THE RENTING THIS PROPERTY,AND OTHER .THAT RUNYON EQUIPMENT RENTAL DOES NO GIVE ME PERMISSION ERTY ANY OTHER PERSON UNDERSTAND THAT GIVING OR LENDING THIS ER O Y OT EASON IS UNAUTHORIZED DW/FEES 0.00
BY RUNYON EQUIPMENT RENTAL X
THE UNDERSIGNED,HAVING READ AN NDERSTOOD E AB V EREBY AGREES T RENT THE ARTICLES NAMED ON Addl TAX 0.00
THE TERMS AND ACKNOWLEDGE THAT ITTIIS CORRECT,COMPLETE ANDTACCURATE.AGREEMENT I PROMISE TH T As ABOVE OFTRENTING 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 CWCARD ANY N ows, DEPOSIT 0.0 0
FEES,ANDIOR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM,LOSS,OR DAM A RES OF THE RENTAL OF THIS EQUIPMENT UIPMENT IS RETUR DAMAGED,AND NYO OUIPMENT
RENTAL UNTIL AFTER TH ST R LEAVES AND HA E LE THE BILL RU RE TAL AUTHORIZED TO RUN ANY FORM OF P MEN FIL 9�SA�IS�Y U E PA RT$85 HouR. TOTAL DUE 219. 95
EQUIPMENT - i��'/ _ CELL
LEASED BY X GG PHONE AMT BILLED 219. 95
EQUIPMENT 2 2—S E P—1 2 13: 14 :47
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 ALLTIRES,DUEL 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 and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer lurther acknowledges ifs
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon")of any defects.
2,WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,ORTHAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless for,property damage and personal injuries,including death and dismemberment,caused by the equipment and/or arising out of Runyon's negligence
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,actions,suits,proceedings,costs,expenses,damages and liabilities including attorney's fees which(1)relate to injury or to destruction of
property,or bodily injury,illness,sickness,disease or death of any person(including employees of Customer),and(2)are caused by,or claimed to be caused,in whole or in part,by the equipment leased herein or by the liability or conduct(ndudng
active,passive,primary or secondary)of Customer,its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,at its own cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alleged act or omission by Runyon,and Customer shall be liable and responsible for all costs,expenses
and attorney's fees incurred in such defense and/or settlement,judgment or other resolution.In the event that such action is commenced naming Runyon as a party,Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be liable for all costs,expenses and attorney's fees incurred by Runyon in such defense.
4.Rental Charges andTerms. Equipment with hour meters is alloyed eight(8)hours use within a 24-hour period of time.Rental rates for equipment are based on usage during this eight(8)hour shift.If Customer runs the equipment for over 8
hours in one day,Customer ytll be charged for extra hours on equipment.One day is 24 hours or eight(8)hours running time.16 hours running time in 24 hours=a 2-day charge.24 hours running time in 24 hours=a 3-day charge.
5.Future Rentals.Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.,:whether on the dale of this Agreement or at any time in the future(except only
as to any Equipment and/or other items with respect to which Customer executes a new Agreement).
e,Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement:(a)Use for illegal purpose or in an illegal manner;(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse;(d)Use by anyone other than Customer or its employees,without Runyon's written permission;(e)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and oil Levels.All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply.Also,use of alternative fuels(Biodies6l,E85,etc.)in Runyon equipment is prohibited.Customer is
liable for all damages and repairs that result from alternative fuel.Runyon checks the oil level in the equipment when it is rented to Customer.Maintenance of proper oil level in the equipment is solely the responsibility of Customer.
8.Repossession.Upon a failure to pay rent or other breach of this contract,Dealer may terminate this contract and take possession of and remove the goods from wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of the removal of the goods.
9.Tires,Customer is totally responsible for all lire repair.It is Customers option to check over the fires before the equipment leaves and notify Runyon of any irregularities spotted.
10,Insurance, Runyon's insurance does not cover equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and
payment has been racelved.EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11,Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left.A charge of sixty-five dollars(365.00)per hour will be charged for cleanup.
12.Assignments,Subleases and Loans of Equipment.Runyon may assign its rights under this Agreement without Customer's consent,but will remain bound by all obligations herein.Customer may not sublease or loan the equipment without
Runyon's written permission.Any purported assignment by Customer is void.
13.Time of Return.Customer's right to possession terminates on the expiration of the rental period("Due In"date&lime)and retention of possession after this time constitutes a material breach of this Agreement.Time is of the essence in this
Agreement.Any extension must be mutually agreed upon in writing.
14.Late Return.Title to equipment is and shall at all times remain with Runyon.Failure to return the equipment by the"Due In"date will subject Customer to a charge of conversion(theft).
15.Trme of Payment.Accounts are due and payable at the termination of the rental period.
16.Violation of Agreement and Venue Costs.Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement,Runyon may collect damages together with reasonable attorney's fees,court costs and
Interest of one and one half(1 S4)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 Slate 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.Inconsideration of the payment of additional rent classified as"damage waiver'by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Custoner,arising from normal damage of the
rental property,normal damage lobe determined by Runyon.Customer shall pay upon return of property rented a sum equal to 5%of rental charge.This"damage waiver"does not include damage or loss of the property as a result of the negligence
of Customer or in the case of abusive damage.theft or other gross negligence of Customer.This damage waiver shall not apply to reckless,careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its
rated capacity,or damage to tires,tubes and:wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equipment.It is understood the amount paid is not an insurance premium,and that this provision does not
represent an insurance policy or an agreement to insure.No damage waiver license,sales or use taxes are included in Runyon's rental rates.They are extra.
19.Damaged,Dirty,or Lost Equipment.Customer agrees to pay for any damage to or loss of the goods,regardless of cause,except reasonable wear and tear,while the goods are out of Runyon's possession.Equipment lost,stolen or damaged
beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon.The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option,by others,at a
charge of sixty-five dollars($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the mvalidih,,unenforceabilily or waiver of any of the'provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and hold Runyon and/or its
employees harmless for any property damage or personal injuries,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage,Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick-up by Runyon.
23.Fees,Licenses,Permits,Taxes and Fines.Customer shall be solely responsible for payment of any fees,licenses,permits,taxes or fines,required by or resulting from the Customer's use or operation of Ore equipment.
24,Charges.Customer shall pay all charges required under this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer
days and/or miles are actually used.
25,Other Liability.Customer assumes all risks from the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or for any property left or stored in the equipment,or elsewhere
in the renting location.Customer agrees not to hold Runyon liable for damages from down lime,materials or other consequential damages resulting from the use of the equipment.Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities•damages,injuries,claims,costs and expenses arising out of Customer's use or possession of the equipment,including,but not limited to any and all fines,penalties and forfeitures imposed by
any governmental entity,and,to the extent not covered by insurance,any claims or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of the equipment by Customer,or ils agents or employees,
or for the confiscation of the equipment by any governmental authority because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss,liability and expense in excess of the limits of liability provided for herein as a
result of injuryy death or property damage arising out of Customer's use of the equipment.Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee of Runyon for any reason or any purpose.During
the term of this Agreement,Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction.
26.Delivery/Pick Up.Delivery is made to closest point truck can park.Extra charges will result in deliveries to upstairs,elevator use or any point where extra lime is involved.Ourservice does not include set up and knock down of tables and chair,.
If this service is required,arrangements should be made several days prior to delivery v:ilh a special charge quoted.If no arrangements are made and this service is desired on delivery,our driver must call for authorization.If time permits,we will
try to accommodate you after quoting the price.On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area,tables and chairs will be left until the next day when a special
crew can be scheduled.There will be an additional one day rental.A knock down fee will result if rental Items are still tip.
27.Waiver of JuryTrfal.Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject metier hereol.This waiver pertains to all disputes that may relate to the subject matter hereof,
inducting,without limitation,contract,tort,breach of duty,and all other common law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of important legal rights and(B)acknowledges that
helshert has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly each party knowingly voluntarily,irrevocably and unconditionally waives its jury trial rights.
28.Tickets,Fines and Penalties.You agree to fully and promptly pay all fines,penalties,parking tickets,Irafnc tickets,lolls,court costs,attorneys'fees and other charges assessed during the Term in connection with the use,parking,storage,and'
or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us.
29.Trafters and Towing.The customer is responsible for inspecting and maintaining the trailer coupling mechanism,salety chains,all tie downs,pins and lights in a safe and secure condition while in their possession.Customer agrees not to tow
any trailer rented from LESSORrDEALER(a)in a careless or negligent manner,(b)at excessive speed or(c)while under the influence of medication,alcohol,or illicit drugs.
30,Headings.The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed by the parties'Equipment Purchase Agreement.If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent,then the terms from the Equipment Purchase Agreement prevail.
AS-IS—NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES,ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT.RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when returning of exchanging an item to Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns.As
stated in the Runyon"Return Policy,"when customers return an item or items for credit,a 25`,o restocking fee will be charged to your account,plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned.
411 cancellations of whole goods are subject to a 25%(of total invoiced order)cancellation fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundable.All parts purchases are non refundable.Any shipment
:aceived in conditions other than brand new will be charged 50%restocking fee of the total amount.All returns must be properly boxed before they are returned.It's the customer's responsibility to report any damagestshortages within 48 hours
N receiving the product.Runyon wilt not accept claims 48 cvours 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
*ehuming merchandise.Runyon's MRA's are valid for 30 days after issuance,MRAs are not valid after the 30 day time limit expires.Runyon will absolutely not,under any circumstances,issue an MRA for returns on used or damaged products.Any
-eight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY.The purchase price at lime of sale is final.
FIEPRESENTATIONS AND WARRANTIES:Setter 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 fide to the
=quipmenC and(c)on the Transfer Date,Seller 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 arty portion of the Purchase Price).Buyer
•eprasents and warrants that:()Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein;(f)Buyer has selected and carefully inspected and examined the Equipment and found the same to be
acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller;and(fit)Buyer has received,carefully reviewed and is satisfied with,all available training,instructions,operating and
user manuals,and other information(including all training required under applicable OSHA and/or ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,repair and storage of the Equipment.
VOUCHER # 122264 WARRANT # ALLOWED
354867 IN SUM OF $
RUNYON EQUIPMENT RENTAL
410 W CARMEL DRIVE
CARMEL, IN 46032
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
244076 01-6200-06 $219.95
Voucher Total 3 a 5
Cost distribution ledger classification if
claim paid under 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 of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
354867
RUNYON EQUIPMENT RENTAL Purchase Order No.
410 W CARMEL DRIVE Terms
CARMEL, IN 46032 Due Date 10/2/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
10/2/2012 244076 $219.95
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5-11-10-1.6
/ols/)z - A,
Date Officer
4
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 tight d 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 lass of the property as a result of the negligence of the Rentee
or In the rase of abusive damage,theft or other gross negligence of the Rentee.This damage waiver shall not apply to reddess,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding its rated capacity,or damage to tires,tubes and wheels caused by blowout,bruises,cuts,punctures or
£QUIYMENT RENTAL other causes inherent In the use of the Equipment.It is understood the amount paid is not an insurance premium,and that this provision does not represent an insurance
410 W.Carmel Drive•Carmel, IN 46032 policy or an agreement to insure.Equipment that is stolen or damaged by Rentee will pay list for parts,labor or,I a total loss,will pay replacement cost of equipment
The Rentee further acknowledges receipt of the aforementioned equipment and materials,or covenants to use said property in a careful and prudent manner and
C PWF L•F15ciER5•INDIANAPOLIS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 - 566 — 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement,the Renter may coped damages together with reasonable attorney
fees,court costs and interest of one and one half(1 V2)percent per month added to accounts o erten(10)days old,reflecting an annual percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't t be a tool- Rent one warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
ww.
w runyonrentaL com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm •Saturday 7:00 am -4:30 pm• Sunday 9:00 am -3:00 pm
RENTED,'TO , < r _, :-:JOB= LOCATION r ,r ;
''TICKET.,.#
CARMEL WASTE WATER # 9855
760 3RD AVENUE SW Con# 242774
SUITE 110
CARMEL IN 46032 Loc 100
�r
' SSN PHONE .-,: DATE:< <T2ME
H (317) 571-2634 OUT 09/12/12 2 :30 PM SAF
F (317) 571-2636
ID#3 PO/J.OB`_# .:: ,m.w <': REC'EI�TED BY
MALLABER, BLAINE 09/12/12 2 :31 PM SAF
***FINAL*** Page: 1
QTY.`; ITEM#.:: AMT NET- AMT,
HOURLY ':OVNITE` i 8-:HOUR DAY' WEEK ~4''WEEK`:.
k:
2 102 PROPANE 40 POUND REFILL 27. 90 55.80 55.80
1 100 PROPANE 20 POUND REFILL ';14 .49 14 .49 14 .49
ti. r
NS
IFTHE E(HAPMENT 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 0
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 70.29
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 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 TAR 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 PROPERTYAS 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$85 AN HOUR. TOTAL DUE 70.2 9
EQUIPMENT CELL
LEASED BY X - T`�:i" -- � { PHONE AMT BILLED 70.29 s 1� 1
EQUIPMENT RETURNED BY X .,.:_. '��.. RENTAL FEES DO NOT,AOPLY l� &CHAS�S,3 2 :t o
y
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 t0 personally inspect the equipment and finds it suitable for its needs and in good condition,and that Customer understands its proper use.Customer further acknowledges its
duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc(hereinafter"Runyon)of any detects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE,OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of,and hold Runyon harmless far,property damage and personal injuries.including death and dismemberment.caused by the equipmer!and/or aisirg out of Runyon's negligence.
Customer s'nall 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(1)relate tO injury or to destruction of
property,or bod:y injury,;Gress.sickness,disease or death of any person(inclue rg 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 liabiirly or conduct(including
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,all its own:cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyor is a named party h•which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment,or any alieged act or omission by Runyon:,and Customer shal'be:able and responsible for all costs,expenses
and attorney's tees incurred in such deferse and'or sett;ement,judgment or other resolution. In the event that such action is commenced naming Ruryon as a party.Runyon may elect to defend said action on its own behalf and Customer agrees
that it shall be table for all costs,expenses and atiormey's fees incurred by Runyon is such Defense
4.Rental Charges and Terms.Equipment with hour•refers"s a:ovved 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 to,over 8
hours in one day,Custo"er well be charged for extra nours on equipment.Ore day is 24 hours or eight(8)r,ours running time.16 hours vmning time to 24 hours=a 2-day c•narge.24 hours running time in 24 hours=a 3-day,charge
5.Future Rentals.Customer acknowlacges that the terms of this Agreement will be deemed to apply to ail Equipment Customer may rent or purchase from Runyon,.,vrhetner on the date of this Ag"eement or at any time in the future(except only
as to any Equipment anctor other i:ems.yitn respect to which Customer executes a ru;w Agreement).
6.Prohibited Uses. Use of'he equipment it,:the following afcurstances is prohibited and constitutes a breach of this Agreement(a)Use for illegal purpose or fn an iliegai manner,(b)Use when the equipment is in bad repair or is unsafe;(c)
Improper,unintended use or misuse:(d)Use by aryone othe,:har Customer o;its employees,without Runyon's wrtten permission:(a)Use at any location other than the address furnished Runyon without Runyon's written permission.
7.Fuel and Oil Levels.All equ�prlert.s roil of fuel w"en ranted to Custo^er and must be returned to Ruryon full or additional charges will apply Also.use of alternative fuels(B odiesel.E85,etc.)in Ruryon equ'.p"ent is prohibited Customer is
liable far all damages and repairs that result`ram alter raiive fug'.R_inycn chacks the oil level in the equipment when it is rented to Customer.Ma nterance of proper oil level in the aguip^ent is so10y the responsibility of Customer.
8.Repossession.Jacrl a rz iu'e to Day tort or other Breach of the cor.iract,Den er may to"minate this cortract and take possession of and remove the coeds from wherever they are,and Dealer and his agents shah not be'table`or any claims
tar damage or tespdss airs rig out of the removal of-he goons.
9.Tires. Customers fo,ally responsible for all tire repa.r it is Customers option to check over the tares before the equipment leaves and notify Runyon:of any irregularities spotted.
10.Insurance. Runyon's fisurance doves co;cover equipmer.:while in Custome's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and untl it has been returned to Runyor:'s property and
payment has been rece;vcd EQUIPMENT MAY ONLY BE RETU9NED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILI`Y
11.Cleaning Charges. E.u:pTent is to be retuied to Runyon as clean as::hen it left.A charge of sixty-five dollars($65.00)per hour will be changed for piaanuD.
12.Assignments,Sub;eases and Loans of Equipment.P,myon may assign its rights under this Agreement without Customers consent,but will remain bound by all Obligations herein Customer may not sublease or loan the egmpmert without
Runyon's^:otter.permission.A.ry p.rported assignment by Customer it void.
13.Time of Return. Customer's rant to possession terminates on Inc expiration of the rental period("Due In'date&time)and retention of possession,alter this time constitutes a Material breach of the Agreement.Time is Of the essence in this
Agreement.Any extensor:mast ne mutually agreed upon in writing.
14-Late Return.Title to equipment is ana shalt at ail times remain with Runyon.Failure to return the equipment by the"Due In'date will subject Customer to a charge of conversion(theft).
15.Time of Payment.Accounts are due and payable at the termination 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 reasonabe attorney's fees,court costs and
interest of one ar:d one half(1 l'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 egal act on 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 prows,on 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 classined as*damage waiver by Customer,Runyon agrees to,and hereby does,waive its right,or any right it might have against Customer,arising from normal damage of the
rental property normal damage to be determined by Runyon Customer shall pay upon return of property rented a sum equal to 5`6 of rental charge.This"damage waiver'does not include damage or loss of'he property as a result of the negligence
of Customer or in the case of abusive damage,theft or other gross negligence of Customer.This damage waiver shall not apply to reckless.careless or abusive operation or use of the equipment,use or operation of the equipment exceeding its
rated capacG:or damage to tires,tubes and:wheels caused by blowout,bruises,cuts,punctures or other causes inherent in the use of the equ:p-ent.It is understood the amount paid is not air,insurance premium,and that this provision does not
epresen:art rsurance policy or an agreement to nsure.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'tor any damage to or:ass of the goods,regardless o'cause,except reasonable wear and tear,while the goods are out of Rang on's possession Equipment lost,stolen or damaged
beyond rep;::,end: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 P inyon's optor,by others.at a
charge of sixty-five collars(565 00i per hour plus par's.
20.Severabilfty.The provisions of this Agreement shall be severable so that the nva idiy,unonforceabi]ity or waiver of any of the provisions shall not affect the remaining provisions.
21.Loading and Unloading Equipment. Customer is responsiblc for loading and unloading equipment. If Runyon,employees assist in loading or unloading the equipment,Customer agrees to assume the risk of and told Runyon ard-o•its
employees nar-,:ass for ary proDerty damage or Dersonal mjunes,including damage and personal injuries attributable to the negligence of Runyon.
22.Property Damage. aunyon s not responsible fo,any damage whatsoever as a result won-the-job celiveries or pick-up by Runyor.
23.Fees,Licenses,Permits,Taxes and Fines. Customer sha3i ce solely responsible for payment of any fees.licenses,permits,taxes or fines,required by err resulting fr3F-the Customer's use or Operation cf the egwpmem.
24,Charges-Cjs7omer si pay all charges required unce,this Agreement upon demand.Customer agrees that mileage and time charges are minimum charges only and that no re:"Uric or rennbursement is due Custorer in the event tnat fever
days and!or mI'es are a fually used.
2i.Other Liability.C:stomer assumes all risks Fom the improper use of the equipment.Customer is responsible for damages to Customer's property or goods in storage or in transit,or lot any property left or stored it the eqt pnnem.or e sewhere
io the rent;gg location.Customer agrees not to hold Runyon liable for damages from down time,materials or other consequential damages resulting from the use of the equipment Customer releases and holds Runyon,its agents and employees
harmless from and against any and all losses,liabilities,damages,injuries,claims.costs and expenses arising out of Customer's use or possession of the equipment.including,but not limited 10 any and aL fines,penalties and forfeitures imposed by
any gort-mmenta entity.and,to tree extent rot covered oy insurance,any cia.ms or liabilities to third parties arising out of the abandonment,conversion,concealment or unauthorized sale of me equipment by Customer,or its agents or employees,
or for the confisclu,on of me 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 o'the li^its of Iiab ity providee for herein as a
esua
Of inµr{,ceath or property damage wising ot.T of Customer's use of:he ecuipment. Neither Customer nor any other user of the equipment shall be deemed the agent,servant or employee at Ruryon for any reason Or any purpose.Durirg
the term Of this Agreement,Customer assumes full responsibility for the equ'p^Tent to the public and any regulatory body having jurisdiction.
26.Delivery/Pica Up.Delivery is made to closest point truc<can park.Extra charges will result in deliveries to upstairs,e'evator use or arty point where extra time is Irvolved.O.0 service does not indade set up and knock dovrr of tables acd chaos.
If this service is required,arrangements shoaid be made several days prior to delivery with a special charge quoted If no arrarge.^hents are made ana this set rce is desired on delivery,our oriver must call for author:zaron.If tt e permits,we will
try to accommodate you after quoting the price.Or pick up where no prior arrangements have Dean made and rental items are not knocked down and assembled in one sheltered area.tab es and chars wO be ieF until the next day:Then a special
crew can be scheduled.There will be an additional one day rental.A knock duvei fez.viii result if rental items are still up.
27.Waiver of Jury Trial.Each party waives its right to a ury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof.This waiver pertains to a:!di>putes that may relate to the sub;ect maftei hereof.
including',vithoot imitation,contract,tort,breach of duty and all other corns nor law and statutory claims,and will not be subject to any exceptions.Each party(A)understands that this is a waiver of:mportan iecai rights and iBi ackcovredges that
heisha.+rt has had a reasonable opportunity to discuss this::aver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably ana unconditionally waives its jury trial rights.
28.Tickets,Fines and Penalties.You agree to fu'ly and promptly pay all fines,penalties.parking tickets,traffic tickets.tolls,court assts,attorneys'fees and other charges assessed du;ing the,arm in conrect.on with the use,parking,storage,and.;
or possession of the Equipment,regardless of the identity of the driver of any vehicle You rent from Us.
29.Traflers and Towing.The customers responsible for inspecting and maintaining the trailer coupling mechanism,safety chains,all tie downs,pins and lights in a safe ana secure condition while n their possession Customer agrees not to fowl
any trot Ie'rented from LESSORIDEALER(a)in a careless or neg;:gent manner.(b)at excessive speed or(0)whine under the influence of medication,alcohol.or illicit crugs.
30.Headings.The head ngs used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also governed Dp;he parties Equipmenf Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent then the farms tiom the Edu'p•enll Purchase Agreement preva i.
AS4S-NO WARRANTY:THE WARRANTY IS THE SOLE AND EXCLUSfVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES. NCLUD NG,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 AFR_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 EOUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER-HZ-OR:ES OF THE AW(OF CONTRAC-S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer:s i able for al:shipping costs when returning or exchanging an item to Runyon;,unless toe product has been damaged during shipp ng.This policy also applies to warranty returns.As
stated.n the Runyon"Return Policy"when customers return an item or items for credit,a 25`%restocking fee will be charged to your account,plus all appllcao'.e:nbound and outoourd fre ght.This policy also applies to shipments refused and returned.
All cancellations of whole goods are subject to a 25%let total invoiced orderi canceila'ion fee on in stock items from Runyon locations ONLY.Return shipping of the product is not refundacde.All parts purchases are non refurdabie.Any shipment
received in coriditors other than ararc new will De charged 50%restocking fee of the-iota]amount.All returns must be properly boxed'before they are returned.Its the customer's resoons.br,ty to report any damages'shortages within 48 hours
of receiving the product.Runon,vill not accept claims 48;hours after deliver y.Runyon will not accept returns without authorization.Upon issuing a Merchandise Return Authorization(MRA),Runyon will instruct customers as io the best means of
rel.)ml ng nneichar 'se.Runyon's MRAS are valid for 30 days after issuance,MRAs are not valid after the 30 day Erne limit expires.Runyon will absolutely not,under any circumstances,Issue an MRA for returns on used or damaged products.Any
fire grit relates 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)Seiiar has good and marketable title to the
Equipmert:and(c)on the Transfer Data,Seller will convey the same rig Buyer(save only for the purchase money lien,if any,to be retained by Seller should Serer,at its sole action;,elect to finance all or any portion of the Purchase Price!Buyer
represents and::arraras that:h)Buyer has all necessary right,power and authority to enter into and perform the transactions referenced herein,(it)Buyer has selected and carefully inspected and examined the Equipment and'ound The same to be
acceotabie to Buyer in ail respects based on criteria established safety by Buyer and not based on any recommendation by Seller;and(ii)Buyer has received,carefully reviewed and is satisfied with,all available trairng,instructions.operating and
user manuals,and other nhrr atton brict,iding al'training raq red under applicable OSHA and/or ANS!Standards,It any)regarding the proper and safe transportation,ii-e.maintenance,repair and storage o'the Equipment.
VOUCHER # 125808 WARRANT # ALLOWED
354867 IN SUM OF $
RUNYON EQUIPMENT RENTAL
410 W. Carmel Drive
Carmel, IN 46032
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
242774 01-7202-06 $70.29
Voucher Total $70.29
Cost distribution ledger classification if
claim paid under 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 of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
354867
RUNYON EQUIPMENT RENTAL Purchase Order No.
410 W. Carmel Drive Terms
Carmel, IN 46032 Due Date 10/3/2012
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
10/3/2012 242774 $70.29
hereby certify that the attached invoice(s), or bill(s) is (are) true and
orrect and I have audited same in accordance with IC 5-11-10-1.6
Date Officer
In consideration of the payment of additional rent classllied 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`gA 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.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
GARM£L•FISH£RS•INOIANAPOUS shall not loan,sublet,mortgage or in any manner dispose of same to any person without the written consent of the owner,and further agrees to return the equipment
to Renter in substantially good condition as when received,natural wear and tear excepted.
317 — 566 — 8888 The parties agree that in the event the Rentee violates arty of the terms and conditions of this agreement,the Renter may collect damages together with reasonable 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 aruulal percentage rate of eighteen(18)percent
FAX:317-566-2990 The above equipment has been received by the undersigned for rental purposes only,and it is understood that Renter shall be held responsible for any accident or
damage resulting directly or indirectly from the leased equipment.The Renter expressly disclaims all warranties,either expressed or implied,including any implied
"Don't t be a tool-Rent one" warranties of merchantability or fitness for a particular purpose,and neither assumes nor authorizes any other person to assume for it any liability connection with the
use of this equipment. The Rentee agrees to indemnify Renter,from any claim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.com incidental damages,even those damages caused by the negligence of Rentee,together with attorney fees for defending any action brought as a result of the lease
of this equipment.
Open 7 Days a Week Monday- Friday 7:00 am -5:30 pm•Saturday 7:00 am -4:30 pm •Sunday 9:00 am -3:00 pm
O RENTED T " JOB-'LOCATION. ';; TICKET"#.
CARMEL FIRE DEPARTMENT # 266 BMW PGA
2 CIVIC SQUARE Con# 241683
CARMEL IN 46032
Loc 100
SSN PH NE _ DATE::.:..:,: TIME".
W (317) 571-2600 OUT 09/02/12 12 :24 PM MS
F (317) 571-2615
I'D#3. - PO/JOB # :,RECEIVED.'..BY,...
FORCE, JASON R TURNED 09/10/12 2 :22 PM TT
***FINAL*** Page: 1
TY. ITEM#.. , ?'.
:.`� �' AMTS �"NETw
-.: DAY,; ` ~ WEEK_. MIN -HOU RLY O VNITE WEEK: 4
-
1 8907-0003 TRAILER 418" X 711011 ENCLOSED 210.00 210.00
$25. 00/4 35.00 35. 00, 14:0:'00 :-:`°',.420 . 00
y.>
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 210.00
Customer is liable for all damages&repairs that result from alternative fuel.
1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND 1 SALES 0.00
FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT 1 AM THE PERSON RENTING THIS PROPERTY,AND OTHER 0.0 0
THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON.I
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED DW/FEES 10.50
BY RUNYON EQUIPMENT RENTAL X ;`i',`,,-,,`
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 S CORRECT,COMPLETE AND ACCURATE. 1 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$85 AN HOUR. TOTAL DUE 220.50
LEASED f`,1_', ?.d fi�I:Fl`:.,. PHONE AMT BILLED 220.50
LEASED BY X
EQUIPMENT d c._,„:±y-; 10-SEP-12 14 :22 :45
RETURNED BY X -.�tlt.;.'ar',= :”�. RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges
YOU ARE RESPONSIBLE FOR ALL TIRES,FUEL AND ELECTRIC CURRENT. will apply. X
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 is 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 notffv Runyon Equipment Rental Inc thereinafter"Runyon")of any defects.
2.WARRANTIES.THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS,EITHER EXPRESSED OR IMPLIED.THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE.OR THAT
IT IS FREE FROM DEFECTS.
3.Indemnification. Customer agrees to assume the risks of.and hold 9unyon harmless for,property damage and personal injuries.including death and dismemoern,ent.caused by the equipment andror ansirg out of Rchyorts negligence.
Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims,accons,suits,proceedings,costs,expenses,damages and liabilities including anorrey's fees which(1)relate to injury or td destruction of
property or boor y mtury,illness.sickness,disease or death of any person(nclugIng employees of Customer),and(2)are caused by.or claimed to be caused;in whole or in part,by the equipment leased nerein or by the fiabi+ty or conduct(including
active,passive,primary or secondary)of Customer.its agents or employees,or anyone for whose acts any of them may be liable.Customer shall,a:is own,cost or expense,defend Runyon against all suits or proceedings commenced by anyone
in which Runyon is a named party for which Ruryon is alleged to be liable or responsible as a result of or arising out of the equidmenl,or any alleged ac or omission by Runyon,and Customer shat be]:able and respor.sib'e for all costs.expenses
and attorney's fens incurred in such defense andfor settlement,judgment or other resolution. In the event that such action is commenced naming Runyon as a party Runyon may elect to defend said acton on its own behalf and Customer agrees
that it sha!I de iabte far at(casts,expenses and a grey's fees incuned J j Ru)ybn in such defense.
4.Rental Charges and Terms. Equipment with hour meters is allowed eight(8)hours use within a 24-hour period of time Rental rates for equipment are based on usage during this eight(8)hour shift. If Customer runs the equipment for over e
hours in one day,Custome,wfil be charged for extra hours on equioment.One day is 24 hours or eight(8)hours running time. 16 hours Turning time In 24 hours=a 2-day charge-24 hours running time it 24 hours=a 3-nay charge
5.Future Rentals.Customer acknowledges that the:erns of tF:is Aaresmanl 411 be deemed to apply to a'!Equipment Customer may rent or purchase from Runyon v:hetrer on the Bate of this Agreement or at any time in the future;ex=epi only
as to any Equipment andlia other:ems with respect to which C_stor er executes a raw Agreement).
6.Prohibited Uses. Use of the equipment it.the following circumstances is prohibited and constitutes a breach of this Agreement(a)Use for illegal purpose or;n an illegal manner:(bt Use*her the equipment is in bad repair or is unsafe,I,c
Improper unintended use or mist.se:(d1 Use by anyone oche,thar Customer or i:c_employees,:without Runyon;written permission;e)Use at any location cuter titan the address lurnished Runyon without Rinyon's w•iCen permission.
7.Fuel and Oil Levels A"aqupmect:s full of fuel III"enter'to Customer and must be returned to Runyon 40 or additional charges vvi;l apply Also,use of alternative fuels ffl odiesel.E85 etc.}in Runyon equipment is prohibited Customer is
liable for all damages and repairs that reswt'Tom alternative fun:. Runyon chects the oil love:in the equipment when it is rented to Custome,. IAa nlerance of proper I evet in the ea.apment is sols!y ihs respcnsib;hry of Customer
8.Repossession.Upon a tature to pay rerl or other preach of trs cor:.tract,Des at may terminate this contract and take possession of ano remove the goods trem wherever they are ano Dealer and his agents sna rot be liable for any dale s
lot damage or l aspess arising tut of the removal of the goods.
9.Tires. Cut omens To^ally responsible for all tire repair it is Customer's onto^to check over the tires before the equipment leaves and notify Runyon,of any fieguiannes spotted.
10.Insurance. +unyon's:insurance does rot-over equipment while in Customers possession. Customer is responsible for insuring the equipment once it leaves Runyon's propery and tnt.I it has been returned to Runyon's propeRy and
payment has been*rice ird EQUiPNIEN-MA''?ONL"BE R7tfURNED DURING NORMAL BUSINESS HOURS,ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILI?Y
11.Cleaning Charges. Ecu pment is to be retw nec to Runyon as clean as when it left.A charge of sixty-five dollars(S65 00)per hour w it cis charged for disanup,
12.Assignments,Subleases and Loans of Equipment.Runyon n,ay assign its rights under this Agreement without Customer's consent,out will remain bound by ai obligations herein Customer may nor sublease or loan the equipment without
Runyon;:written permission Ary purported assignment by Customer is void
13.Time of Return. Customer's r.ght I,possession terminates on Ina expiration of the rental period("Due in"date&time)and retention of possession after this lime constitutes a material breach of this Agreement Time is of the essence in this
Agreement.Any extension must be mutiaily agreed upon in writing.
14.Late Refurn.?+tle to equipment is and shat of ail times remain with Runyon.Failure to return the equipment by[lie"Due Iri'date will subject Customer to a cnarde o`conversion(theft;.
15.Time of Payment.Accounts are due and payable at the termination of the rentals period.
16.Violation at 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 damaLges together with reasonable attorney's fees,court costs and
interest of one and one na]f(1 Ya)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 the 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 io enforce such provision thereafter
18.Damage Waiver.In consideration of tie payment of additional rent classified as-damage waiv 'by Customer,Runyon agrees to,and hereby does,waive is 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 rcmed a sum equal to 59�of rental charge.This"damage waiver'does not include damage or loss of the property as a result of the negligence
of Customer cr in the case of abusive damage,theft or other gross negligence of Customer.This damage waiver shall not apply to e,-kioss 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.:heels caused by blowout,bruses,cuts,punctures or other causes inherent in the use of The equipment. It is understood'n,amount pad is not an insurance premium,and that this provision does not
represent art insurance oollcy o,an agreement le 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 teat while the goods are out of Runvor.'s possession.Equipment lost,stolen or damaged
beyond neon' :ad=be paid tot at its cursor tier pace plus the cost of rental up to the time of reporting the loss or theft to Runyon. .The cost of repairs will be borne by Customer,whether performed by Runyon,or,at Runyon's option.,by others,at a
charge of sixty-five oollai s(565.00)per hour plus pars
20.Severability.The provisions of 11-is Agreement shy`.be severable so that the invalidity,unenforceabihty or waver of any of the provisions shall rot affect'he rsiaining provisions.
21.Loading and Unloading Equipment. Customer is responsble'or loading and unloading equipment. If Runyor's employees assist in loading or unloading the equipment,Customer agroas to assume the nsa of and hold Runyon and/or its
emp oyees harm!.,,ss for any property damage or personal injuries,including daimage and personal injuries attnoutable to the negligence of Runyon.
22.Property Damage. Runyon s not responso e to,any damage whatsoever as a result of on-the-job celiveries or pick-up oy Runyon:.
23.Fees;Licenses,Permits.Taxes and Fines.Customer she tae soleSy responsible for payment o'any Peas.licenses,perrnTS,taxes or noes,required by pr resulting trot? Inn Cos::mer's use or operation of the equipment.
24.Charges. Customer shall pay ail cfarges raga+red under this Agreement open de and. Cu omen agrees that mileage and tone charges are rmormunt charges only and that red re'urnu or reimbursement is due Customer In the event that fewer
days andcr mi es are actually used
25,Other Liability.ChBtomer assumes all risks from the improper use of the equipment Customer is responsible for damages to Customer's property or goods it storage or in transit,or for any property le=t or store it the equipment.or ssewheee
in'he renting location.Customer agrees not to told Runyon liable for damages from down ume,matenals or other consequential damages resulting from the use of the equipment.Customer releases anc nolcs Runyan.its agents and employees
harmless torn,a,d aga nsl any and all losses,iiab litres.damages,injuries,claims-costs and expenses arising out of Customer's use or possession of the equipment.indodrng.bat not 14^tited to any anc a':fines,penalties and forfeitures imposed by
any govemmenta entity,anal.to tie exert not covered by insurance.any c aims or liabilities to third parties arising nut of the abandonment,conversion.concealment or unauthorizec sale of The equipment.by Customer.or its agent Of employees.
or for the connsca°ion of tie equidment by any governmental authonf y because of illegal or improper use.Customer shall additionally hold Runyon harmless for all loss•liability and expense it excess o'Ina Brits of liability provided for here]')as a
result of injury,ceat'or poperty damage a'ISIDd out of Customer's lase f the ecuipment. Neither Customer nor any other user of the equipment shall be deemed the agent servant or emp oyea of Runyon for any reason or any purpose. Dtrr'rg
the tern of this Agreement,Custo^ter assumes full rosponsibility for the equ'pti-ient to the public and any regulatory body having jurisdiction
26.DeliverylPick Up.Delivery is made to closest point trucx can park Extra charges will result in deliveries to upstairs,elevator use or any point where extra time is involve.Our service does not include set up and knock down.of tad!es and chair,,
f this service is ragwrad,arrangements sho;iid De"fade several days prior to de ivery with a special charge quoted If no arrangements are made and this se w.ce is dees red on delivery,our driver must call for author zavon.if time permits,we will
try to acocmmcdale you afar quoting the p ice.Or pick up where rid prior arrangements have Deep,made and rental;:ems are no:knocked down and assembled in one sheltered area.tables and chairs wit be ref;until the next day:when a specie;
crew,ca i be scheduled,Trere will be an agaiuonal one day rental.A knock dowry fee will result if rental items are still LID.
27.Waiver of Jury Trial.Each party waves 1s right to a cry trial of any claim or cause of action based on or ans rg out of th s agreement or:he subject matter hereof,This waive,pertains to a!disputes that may relate to the scb;ect matter hereof
inetuoinc.wrdfrout)Igitai contract tort,breach tit ou'y.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 irnportan:lade+iahts and(Bt acknowledges that
helsher has had a aasora:,,'e opporturty to discuss tits:va^der and its effects with legal counsel.Accord;ngiy,each party,knowingly,voluntarily,irrevocably and unconoroonally waives its turd;tai rights.
28.Tickets,Fines and Penalties.You agree to fc!y and promptly pay are fines.per,aries.parking tickets,haftic tickets,lolls,court costs,attorneys'fees and other charges assessed during the Term in cencection with the use,parking.storage,and
or possession of toe E;c,p Ten;.regardless of the identity of the driver of any vehicle You rent from S.
29.Trailers and Towing.The custar;e fs responsibe for inspaotinc aro maintaining if.e:railer coup'ong mechanism,safety chains,all tie downs,pins a.no fights it a sate anc secure condn,on while n their possession.Customer agrees not to tow
any tra.-e,rented it LESSO RID EALER(a,in a careless or neg.;genI mariner(b)at excessive speed or(c).vhi e ur.der. I e influence of medication,alcohnf.or III eit mugs.
30.Headings.The headings used)stair are soiely far convenient reference and shall not be used to construe or affect the interpreta lon of Iris Agreement.
ADDITIONALTERMS AND CONDITIONS FOR SALES
All sales are also goveo ed by the parties Ert,ip^fs%t Purchase Agreement. If the Equ pment Pufc',ase and the Terms and Conde ohs previously enumerated are+ncons;stem then:ine terms from',Tie Equ'p!^ent Purchase Agreement prevail.
AS-IS-NO WARRANTY:-HE't"!ARRAN?Y iS-HE SOLE AND EXCLi,,S VE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES. NCL'UD'NG,WITHOUT LIMITATION,THE IMPLIED
WARRANTIES CF.MERCHANTABILITY AND FITNESS FOR A PARTICJLAR PURPOSES,ARE EXCLUDED FROM THE SALE OF:THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE
OR RESPONSIBLE=OR ANY SPECIAL.ifdCiDEN?AL OR CONSEQUENTIAL DAMAGES ARISING(Off OF CR RELA?ED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
;JNDER-H-OR'ES CF THE r1AYr'CF CONT:?AC"S OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer:s labs for ail shipping costs when raturrmg or exchanging an item?To Runyon,unless the product has been damaged during shipping.This policy also applies to warranty returns.As
staled:n The Runyan"Return Policy"w hen customers return an item or items for credit,a 25'%restocking fee v iii be charged To your account.Pius aft applicable inbound and outbourd Ireight.This pobcy also applies to shipments refused and returned.
All nancellato ns of canoe goocs are subject to a 25%(of total iivn:cap oroer)cariceilation fee on in stock items from Runyon locations ONLY Return shipping of the product is not refundable.All Paris purchases are not refundable.Any shipment
receive in conditions otner'liar oranq;ie;ro will be cnarced 50%restocking fee of:he total amount All returns roust be properly boxed'before they are returned.I't's:he cus;dmer's respons biiity ro report any damageslshc lages within 48 hours
of receiving ins product.Runyon will not a;.cep•claims 43 hours after ceiraery.Runyon will not accept returns without aptfiorizanon.Upon issuing a i-Aerchandise Return Authorization I'MRA),Runyon wit]instruct customers as to the best means of
eturr,°a merchard se.Runyon's Er Ry s are:aid for 3:,days after issuance,MRAs are no'vaVrd after the 30 daytime limit expires.Runyon will absolutely not under any circumstances,issue an MRA for returns on used or damaged products Any
fre.y"nt relaiec damage must be toted oc the signed BzI of Lading AT THE Tih1E OF DELIVERY The purchase price at time of sale is final.
REPRESENTATIONS AND WARRANTIES:Sc'a represents ano warrants that(a)Seiler has all necessary rght power and authority to.enter into and perform the transactions referenced herein;(b)Seller has good and marketable title to the
Equipmert.and lot on the Transfer Date,Sal er will convey the sar e to Buyer(save only for the purchase money�aq,it any,to be retained by Seller should Seiler,at its sole option,elect to finance all or ary portion of the Purchase Price).Buyer
represents and.warrants tnat(i)Buyer has all necessary right power and authority to enter into and perform the transactions referenced herein;(ii)Buyer has selected and carefully Inspected and examined the Equipment and found the same to be
acceotabla to B:iver!n ail respects based on c,teria established suety by Buyer and not based on any recommendation by Seller;and(ire)Buyer has received,cacs(utty reviewed and is satisfied with,ail available training,Instructions.operating and
user manuals,and alter information(Inc uding al-training required under appiicable OSHA andror ANSI Standards,if any)regarding the proper and safe transportation,use,maintenance,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
$220.50
ON ACCOUNT OF APPROPRIATION FOR
Carmel Fire Department
PO#/Dept. INVOICE NO. I ACCT#/TITLE AMOUNT Board Members
1120 I 241683 I 43-530.99 I $220.50 1 hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
�o
I °
Fire Chief
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund
Irescribed by State Board of Accounts City Form No.201 (Rev.1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
kn invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by
vhom, 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))
241683 $220.50
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